General Terms and Conditions

1. Scope and General Provisions

1.1
The following terms and conditions apply to all contracts concluded between the client (the “Orderer”) and Blynk GmbH & Co KG, Bernhard-Nocht-Str. 89/91, 20359 Hamburg (hereinafter “Blynk”).

1.2
Blynk’s services are offered exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special public-law funds. In business dealings with entrepreneurs, these terms and conditions also apply to all future transactions with the same client, even without explicit reference

1.3
Agreements made between the contracting parties in individual cases (including ancillary agreements, supplements or amendments) always take precedence over these general terms and conditions.

1.4
Any differing terms, especially purchasing conditions of the client, are hereby rejected.

2. Offer and Conclusion of Contract

2.1
By commissioning the execution of the chosen service, the client issues a binding offer to conclude a contract. The contract between the client and Blynk is concluded by Blynk’s written or electronic declaration of acceptance. The same applies to amendments, supplements, or ancillary agreements.

2.2
Blynk’s offers are non-binding and subject to change, unless Blynk explicitly designates them as binding. The scope of delivery is determined by Blynk’s written order confirmation. Only the units listed in the valid price list at the time are deliverable.

2.3
Blynk’s actual execution of the order may substitute for the order confirmation. By using the service, the client declares acceptance of the offer and waives the need to receive a separate acceptance declaration.

3. Scope of Services; Subject Matter of the Contract

3.1
The scope of the agreed services results from the offer underlying the performance by Blynk. Subsequent changes require written form. If the client makes no specifications regarding execution (e.g. concept, design, and/or technology), Blynk is free in how the services are carried out.

3.2
All work is generally carried out to the best of Blynk’s knowledge and belief, considering a balanced ratio between economy and the best possible success for the client. Installation, instruction, and training are part of Blynk’s obligations only if explicitly agreed. Blynk needs consider modification or extension requests only if technically necessary to achieve the contractual purpose.

3.3
If there is a material change in Blynk’s contractual obligations to adapt to the client’s concerns, Blynk may charge the client for the required additional effort. This also applies to a comprehensive review of whether and under which conditions the change or extension is feasible — provided Blynk has indicated this in writing

4. Prices and Payment Terms

4.1
Blynk’s quoted prices apply. The invoice amount is due immediately and without deduction upon receipt of the invoice. Fixed prices apply only if the price agreement — e.g. via an offer — contains no possibility of price increase and no time limitation.

4.2
Prices do not include the statutory value-added tax. Shipping costs, installation, training and other ancillary services are not included, unless otherwise agreed. Additional services not contained in the price list or offer must be remunerated separately. This particularly applies to extra effort due to:

• submission of data in non-digital form,
• necessary and reasonable use of third-party services,
• expenses related to license management,
• commissioned test, research or legal review services,
• services rendered outside regular business hours, and
• archiving of data/video/raw material etc.

4.3
If the client is in default with payment, default interest of 8% above the base rate applies. Default interest accrues even without a reminder after expiry of the payment deadline.

4.4
The client must expect that Blynk will first allocate payments to older debts. If costs for legal enforcement (e.g. dunning fees) have already arisen, Blynk may first allocate payments to those, then to interest, and finally to the principal amount.

4.5
For production services, Blynk may require an advance payment of half of the total order value.

4.6
If the client, after sending the order confirmation or request for advance payment, fails to fulfill their cooperation obligations in time or cancels an order they placed, Blynk may claim reimbursement for actually incurred expenses, lost commissions, and invested time costs. Blynk reserves the right — without prejudice to claiming actual higher damages — to claim a lump-sum compensation of 20% of the net order value for costs incurred and lost profit.

5. Deadlines, Timeframes and Obstacles to Performance

5.1
Delivery dates or deadlines — whether binding or non-binding — must be agreed in writing.

5.2
If the client’s cooperation is required for Blynk to perform services, delivery time is extended by the period the client delays.

5.3
Delivery or performance deadlines extend appropriately if delays are caused by:

• changes in the client’s requirements,
• insufficient conditions within the client’s responsibility that were unknown or could not have been known to Blynk,
• problems with third-party products or services (e.g. image or audio material).

5.4
If Blynk cannot perform due to strike, pandemic, force majeure or other unavoidable circumstances, no adverse legal consequences arise for Blynk.

5.5
If the client orders changes or additions that are more than minor in scope, any previously agreed deadlines tied to the original contractual content no longer apply.

6. Acceptance

6.1
The client’s approval is deemed given if the client declared readiness for acceptance — with reference to the consequences of not issuing an acceptance — and

• a. does not declare acceptance or rejection (with detailed description of defects) within a time reasonable for careful inspection, but at the latest within 10 working days, or
• b. makes the service or parts thereof accessible online for third parties (or commissions third parties to do so), provided that non-acceptance is not based on a material defect of Blynk’s performance.

6.2
If acceptance readiness is not notified, the time at which the client could reasonably have become aware of the services replaces the time of notification.

7. Client’s Duty to Cooperate

7.1
The client must provide Blynk with the necessary data — in particular required content for productions — in a timely and digital form.

7.2
If Blynk provides drafts and/or test versions with an appropriate deadline for review, these are considered approved if Blynk does not receive a request for correction within the deadline.

7.3
The client is responsible for sufficient resources and information as part of their cooperation duties.

7.4
As soon as the client becomes aware of any circumstances that may jeopardize proper fulfillment of the contract, he must inform Blynk in writing without delay and propose any measures to be considered.

8. Usage Rights

8.1
Blynk grants the client a simple, non-transferable right to use the designs provided by Blynk — including all related works and materials — for the agreed purpose. This right is acquired upon full payment.

8.2
Any use beyond the agreed contractual purpose — including but not limited to modification, reproduction, distribution, transmission, exhibition, performance, publication, licensing, or creation of derivative works — is prohibited without prior written consent by Blynk. Copyright and ownership remain with Blynk. In case of violation, Blynk reserves the right to revoke the license and claim appropriate damages.

8.3
Upon request, the client must inform Blynk in writing about the scope of usage. Blynk assumes that any client-provided templates are free of third-party rights or that the client holds the necessary rights.

8.4
Blynk may incorporate third-party licensed material, which may only be transferred to the client under limited conditions — as previously indicated. This may result in the third-party material no longer being available, or only under changed conditions beyond Blynk’s control. Blynk will endeavor to substitute similar material where possible. Blynk may charge the client for costs of third-party licensed material, plus a 20% service surcharge, based on the licensor’s invoice. Blynk will not itemize further licensed components.

8.5
The client may only use third-party licensed material within the context and scope of the production. If Blynk is held liable by the licensor because the client misused licensed material beyond the agreed purpose, the client is responsible for indemnifying Blynk against resulting damages.

8.6
The client must inform Blynk of any unlawful usage of licensed material that becomes known to them, and support Blynk in legal action against infringers. If Blynk becomes aware of third-party claims due to copyright violations by Blynk’s deliveries (e.g. via cease-and-desist letters), the client must inform Blynk immediately.

9. Copyright Notices and Reference Rights

9.1
The client grants Blynk the right — irrespective of media, storage and transmission formats — to name the client, using their company name and logo, as a reference customer. The client grants Blynk a free, unlimited (in time, space and content) right to describe the project and services provided, including possible direct quotes, and to use them for advertising in print and electronic media (including social media). The client can revoke this consent for good cause, whereby Blynk’s legitimate interests must be considered.

9.2
Blynk reserves the right to use delivered work, even if based on client templates, for presentation purposes — in particular to list the client’s website in a reference list for advertising, possibly including links.

10. Warranty

10.1
Defective deliveries or services will be repaired or replaced at Blynk’s discretion within a warranty period of 12 months, beginning with delivery or acceptance. Blynk will remedy defects free of charge or provide a corrected version that no longer contains the reported defect; any further effort will be charged.

10.2
The client must implement the remedial measures immediately and comply with notification obligations.

10.3
Warranty claims do not exist if the defect is only insignificant — in particular if it does not substantially affect the agreed use

10.4
If corrective performance fails within a client-set deadline, the client may demand contract cancellation or price reduction.

10.5
Obvious defects must be reported to Blynk in writing within 10 working days after delivery via registered letter. Defects not immediately recognizable must be reported within 10 working days after discovery. Otherwise, claims are excluded. The defects must be described in detail.

11. Liability

11.1
Blynk is liable only for intent and gross negligence. This does not apply in cases of injury to life, body or health. Liability for slight negligence is limited to foreseeable, contract-typical damages and damages due to breach of cardinal obligations essential to the contract — obligations on which the client may rely. Blynk is not liable for delays or non-performance due to weather conditions, failure of communication services, official bans or similar reasons. Likewise for cases of force majeure.

11.2
The client warrants that they hold all rights to materials they provide as a basis for Blynk’s work and that they are free to grant usage rights. The client is liable to Blynk for any damages resulting from insufficient rights.

12. Use of Artificial Intelligence (AI)

BLYNK may use AI-supported tools and systems to create, edit or optimize content (e.g., text, images, audio or video). This includes, among others, the following providers and tools:

• OpenAI (e.g., ChatGPT)
• Anthropic (e.g., Claude)
• ElevenLabs (speech synthesis)
• Krea (generative image AI)
• ComfyUI (modular image generation)
• Midjourney (image generation)
• Kling (realistic video and speech synthesis)
• Google Veo 2 (AI-assisted video creation)

These tools are used, among other purposes, for text generation, ideation, visual concept support, and audio production. The objective is to increase efficiency, creativity, and quality of services.

12.1
The Client undertakes not to provide any unlawful, discriminatory, or copyright-infringing inputs (“prompts”) or content for use in AI systems.
The Client ensures that they hold all necessary rights, permissions, and clearances for the data submitted and that only lawful content is provided.
Furthermore, the Client undertakes to comply with all applicable transparency, information, and labelling obligations under the EU AI Act (Regulation (EU) 2024/1689), the GDPR, and any other applicable law when publishing or further processing the content created by BLYNK.

12.2
Due to the nature of generative AI systems, no exclusive originality or uniqueness of the generated content can be guaranteed.
Any intellectual property rights to the final results are governed by Section 8 of these Terms and Conditions.
The Client shall indemnify and hold BLYNK harmless from any third-party claims arising from the use or provision of the Client’s inputs or materials.

12.3
BLYNK labels any synthetically generated or AI-assisted content published by BLYNK in accordance with the transparency requirements of Article 50 of the EU AI Act (Regulation (EU) 2024/1689).
If the content created by BLYNK is published, distributed, or made publicly accessible by the Client, the statutory labelling obligations lie with the Client.
BLYNK ensures that all AI-assisted content is provided with appropriate metadata or technical markers (e.g., C2PA / Content Credentials) that enable labelling by the Client.

13. Data Protection and Confidentiality

13.1
The Client is aware of and consents to the fact that the personal data required for the execution of the contractual relationship will be stored by Blynk and, where necessary for contract performance, may be transferred to affiliated companies. The Client expressly agrees to the collection, processing, and use of their personal data.

13.2
BLYNK processes personal data of contractual partners for the initiation, performance and completion of the contract (Art. 6(1)(b) GDPR), for compliance with legal obligations (Art. 6(1)(c) GDPR), and for the protection of legitimate interests (Art. 6(1)(f) GDPR), in particular for the assertion of legal claims and for IT security.
Further information, recipients, third-country transfers, and data subject rights can be found in our Privacy Policy. No separate consent is required for this.

13.3
The collection, processing and use of personal data are carried out in compliance with the General Data Protection Regulation (GDPR).

13.4
The Client has the right to withdraw their consent at any time with effect for the future. In this case, Blynk is obliged to immediately delete the Client’s personal data. For ongoing contractual relationships, deletion takes place upon termination of the contract.

13.5
Both contractual parties shall treat any information designated as confidential, and made known to them in the context of the contract, as confidential.

13.6
Blynk points out that, according to the current state of technology, it is not possible to prevent the reproduction of works—particularly graphics or other visual or acoustic media—once they are made available online.