TERMS AND CONDITIONS OF THEBLUE.AI


1. 	Definitions

1)	theBlue.ai – theBlue.ai GmbH, with its registered office in Raboisen 32, 20095 Hamburg, entered into the commercial register under the number HRB 155798, e-mail address: contact@theblue.ai, telephone number: +49 40 280 56 248. 
2)	Consumer – a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
3) 	Customer – an entrepreneur interested in acquiring the Software.
4) 	Terms and Conditions – these Terms and Conditions of theBlue.ai.
5) 	Software – Blue GDPR offered by theBlue.ai.
6) 	Entrepreneur - an entity that is not a Consumer.
7) 	Store – an online store available at azuremarketplace.microsoft.com or appcource.microsoft.com, operated by Microsoft Corporation, One Microsoft Way, Redmond WA, USA 98052.
8) 	Contract – the Contract between theBlue.ai and the Customer concluded by accepting the Offer by placing an Order.
9) 	Request for proposal – a request for proposal regarding the Software, submitted to theBlue.ai by the Customer via the Store.
10)	Offer – declaration of willingness to enter into a Contract, as defined in the German Civil Code (Bürgerliches Gesetzbuch, BGB), containing at least: the identification of the Software and the license fee, made by theBlue.ai to the Customer.
11) 	Order – the acceptance of an Offer, submitted to theBlue.ai by the Customer.


2. 	General information

1) 	These Terms and Conditions apply to all Requests for proposal placed in the Store. The submission of an Offer and placing an Order takes place outside the Store.
2) 	The parties to the Contract are: theBlue.ai and the Customer.
3) 	The Customer may only be an Entrepreneur. By accepting these Terms and Conditions, the Customer confirms that he is an Entrepreneur.
4) 	To use the Store's functionality the Customer is required to have:
a) 	a terminal device with access to the Internet and a web browser like Google Chrome, Mozilla Firefox,
b)	an active e-mail account (e-mail),
c)	an account on the Store. 
5) 	It is unacceptable for the Customer to post content on the Store's website contrary to the law, calling for racial, religious or ethnic hatred, or propagating violence, generally recognized as morally reprehensible, socially inappropriate and violating the principles of etiquette.
6) 	To place a Request for proposal it is necessary to complete the registration form, including the following data: 
a)	first Name,
b)	last Name,
c)	business e-mail address,
d)	phone number,
e)	job title (optional),
f)	company name (optional),
g)	country / region (optional).
The Customer must also accept these Terms and Conditions and express consent required by checking the appropriate options of the registration form.


3. 	Software and license fees

1) 	Information concerning the essential characteristics of the Software and the amount of the license fee for the standard Software version are available on the Store's website in the description of the Software.
2) 	License fees in the Store are net prices, to which should be added the appropriate VAT. The Customer is informed about the amount of tax before submitting the Order.
3) 	The currency in which the prices are quoted is EUR.
4) 	The amount of the license fee for the standard Software version is displayed in the Store at the time of placing the Request of proposal. If it is necessary to adjust the Software to the Customer's needs, the amount of license fees will be agreed between the parties each time. 


4. 	License

1)	Software is licensed and not sold; upon the payment of the license fee and subject to Customer’s compliance with these Terms and Conditions and the Contract, theBlue.ai grants Customer a nonexclusive, non-transferable and limited license to use the ordered Software. This license is solely for Customer’s own use and business purposes. 
2)	License granted on a subscription basis expires at the end of the given subscription period set forth in the Contract, unless renewed. All other licenses expire at the end of the period set forth in the Contract. 
3)	Customer is responsible for any use of the Software that does not comply with these Terms and Conditions and the Contract. 
4)	TheBlue.ai. reserves all rights not expressly granted in these Terms and Conditions. Software is protected by copyright and other intellectual property laws. No rights will be granted or implied by waiver or estoppel. Except as expressly permitted in these Terms and Conditions or in the Contract, Customer must not (and is not licensed to):
a)	copy, modify, reverse engineer, read the source code, decompile, or disassemble the Software, or attempt to do so,
b)	install or use any third-party software or technology in any way that would subject theBlue.ai’s intellectual property or technology to any other license terms,
c)	work around any technical limitations in the Software or restrictions in its documentation,
d)	separate and run parts of the Software on more than one device,
e)	use the Software for any unlawful purpose,
f)	distribute, sublicense, rent, lease, or lend, share, reproduce the Software, in whole or in part.


5.	Submitting of the Request for proposal

1) 	Submitting of the Request for proposal in the Store includes the following steps:
a)	selection of the Software in the desired specification (if applicable),
b)	pressing the “Contact me” button.
2)	Further communication of the Parties, including the process of the adjustment of the Software, submitting of the Offer and the Order, the payment – takes place outside the Store.
3) 	Presentation of the Software in the Store is not a binding offer to conclude a Contract. 


6. 	The date and method of delivery of the Software
After concluding the Contract and paying the license fee, the Customer obtains an e-mail with access data to the Software.


7. 	Payment Policy

1) 	The Customer can choose the following payment methods:
a) 	payment by bank transfer.
2) 	theBlue.ai does not provide payment services; the terms and conditions for the provision of such services are determined by the legal relationship between the Customer and the payment service provider.


8. 	Invoices

1) 	Invoices documenting the conclusion of the Contract will be sent by theBlue.ai to the Customer in electronic form, to the email address provided upon Order placement .
2) 	By accepting these Terms and Conditions, the Customer agrees to receive invoices in electronic form to the email address provided upon Request for proposal placement.


9. 	Warranty and guarantee

1)	theBlue.ai does not give any guarantee for the proper functioning of the Software to the Customer.
2)	In addition, theBlue.ai excludes the liability of theBlue.ai under the warranty for the Goods and the Software.
3)	Except as expressly stated in these Terms and Conditions and in the Contract, the Software is provided as is. To the maximum extent permitted by law, theBlue.ai disclaims any and all other warranties (express, implied or statutory, or otherwise) including of merchantability or fitness for a particular purpose, whether arising by a course of dealing, usage or trade practice, or course of performance.


10. 	Liability of the theBlue.ai

1)	theBlue.ai is not liable for damages caused by the Customer's taking or abandoning actions based on data or information obtained directly or indirectly from the Software, both in relation to losses suffered and lost by the Customer or a third party benefits, unless the Contract clearly constitutes otherwise.
2)	theBlue.ai does not guarantee to the Customer continuous, uninterrupted, trouble-free operation of the Software.
3)	theBlue.ai bears full and unlimited liability only when such liability is provided by mandatory legal provisions. In other cases, theBlue.ai is not liable for any lost profits (lucrum cessans) caused by the Software defect and for any consequences, direct or indirect, associated with the use of the Software, the inability to use it, or malfunction. theBlue.ai’s maximum, aggregate liability to the Customer for damages is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the Software during the term of the applicable licenses. For the Software ordered on a subscription basis, theBlue.ai’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Software during the 12 months before the incident.
4)	Customer will defend theBlue.ai from and against any and all third party claims, actions, suits, proceedings arising from or related to Customer’s or any authorized user’s violation of these Terms and Conditions or the Contract, and will indemnify theBlue.ai for all reasonable attorney’s fees incurred and damages and other costs finally awarded against theBlue.ai in connection with or as a result of, and for amounts paid by theBlue.ai under a settlement Customer approves of in connection with a claim against theBlue.ai. theBlue.ai must provide Customer with prompt written notice of any claims against theBlue.ai.


11. 	Privacy

1)	The Controller of personal data provided by the Customer is theBlue.ai. 
2)	To receive more information on the processing of personal data, the Customer may contact theBlue.ai at the address of our registered seat indicated above or via e-mail at: contact@theBlue.ai.
3)	The personal data provided by the Customer will be processed for the following purposes:
a)	in order to perform the Contract between the Customer and the theBlue.ai – on the basis of Article 6 paragraph 1 point (b) GDPR (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract),
b)	for marketing purposes (including in connection with the sending of pre-sales and sales materials as well as of information on the organisation of events, such as training courses, workshops, conferences, etc.) – on the basis of Article 6 paragraph 1 point (f) GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller, where the legitimate interest of theBlue.ai is direct marketing),
c)	in order to determine, investigate and enforce claims – on the basis of Article 6 paragraph 1 point (f) GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller, consisting in determining, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities).
4)	The Customer voluntarily provides his personal data. However, providing personal data is necessary to complete the Offer.
5)	The personal data of the Customer may be received by theBlue.ai’s subcontractors – providers of services and of ICT systems. In particular, as theBlue.ai uses the functionality of a Store run by Microsoft Corporation, the personal data may be received and processed by Microsoft, in accordance with the relevant Microsoft data protection regulations.
6)	Due to the specific nature of business processes, theBlue.ai may share the Customer’s personal data with Apollogic Sp. z o.o. with its registered seat in Poznan, Poland – which is a company associated with theBlue.ai.
7)	If the basis for data processing is the performance of the contract, then the Customer's persona data are processed by theBlue.ai as long as it is necessary for the performance of the contract, and after that for a period corresponding to the period of limitation of claims.
8)	Where personal data are processed for direct marketing purposes, the Customer has the right to object at any time to processing of personal data concerning him or her for such marketing.
9)	If the basis for data processing is the legitimate interest pursued by theBlue.ai, then the Customer’s personal data are processed by theBlue.ai until the Customer objects to the processing of the personal data. 
10)	The Customer has the right to access his or her personal data at any time. 
11)	If the Customer notices that his or her data are incorrect or incomplete, he has the right to correct them. objects to the processing of the personal data or when the data are being processed.
12)	When data are no longer necessary for the purposes for which they have been, when the Customer unlawfully – the Customer may request their deletion.
13)	The Customer also has the right to request limitation of the processing of his or her data – when he or she notices that his or her data are incorrect, he or she may request limitation of the processing for a period that will allow theBlue.ai check their correctness; when the data are being processed unlawfully but the Customer do not wish for them to be deleted; when theBlue.ai no longer needs the data but the Customer may need them for defending or asserting claims. 
14)	The Customer may request transfer of his or her data.
15)	If the Customer believes that theBlue.ai is processing his or her data unlawfully, the Customer may file a complaint with the supervisory authority.
16)	Detailed information on the storage and access to information on the Customer’s devices via cookies ant the use of other technologies to provide services provided electronically are included in the Privacy Policy.


12. 	Term and termination

1)	The Contract is effective until terminated by a party, as described below. 
2)	The term for each Contract will be set forth therein.
3)	Without limiting other remedies it may have, either party may terminate the Contract immediately on notice if the other party materially breaches these Terms and Conditions or the Contract, and fails to cure the breach within 30 days after receipt of notice of the breach. Upon such termination:
a)	all licenses granted under the Contract will terminate immediately except for fully-paid, perpetual licenses,
b)	all amounts due under any unpaid invoices will become due and payable immediately. 
c)	the terms of these Terms and Conditions and the Contract, that are likely to require performance, or have application to events that may occur, after the termination or expiration of these Terms and Conditions and the Contract, will survive termination or expiration, including all indemnity obligations and procedures.


13.	Final provisions

1)	In matters not covered by these Terms and Conditions, the provisions of German law shall apply. The exclusive venue for all disputes arising from or in connection with these Terms and Conditions and the Contract is the seat of theBlue.ai.
2)	theBlue.ai reserves the right to change these Terms and Conditions; any changes shall be effective from the date of their publication on the Store's website, however, only in relation to Request for proposal that will be placed after the change. 
3)	If any part of these Terms and Conditions is held to be unenforceable, the rest of it will remain in full force and effect.
4)	Comments or reports regarding violations of these Terms and Conditions should be reported via e-mail to the address contact@ theBlue.ai.