Terms of Service

This is a courtesy translation. The binding version of these terms is the German text at Allgemeine Geschäftsbedingungen. If this translation and the German text differ, the German text prevails.

§ 1 Scope and contracting parties

These terms govern the use of BlueAgent purchased through this website on a self-service basis. The provider of the service is the business named in the imprint (“we”).

The purchase itself is not concluded with us, but with Paddle. Paddle — Paddle.com Market Ltd or the affiliated Paddle group company named in the checkout — is the merchant of record and therefore your seller: Paddle takes your payment, issues your invoice, and remits the taxes. The Paddle terms therefore apply to the purchase in addition to these. These terms govern what you receive from us and how you may use it.

Licences for institutions are agreed individually and do not run through Paddle. There, these terms apply only where the individual agreement is silent.

Customer terms that deviate from these apply only if we have agreed to them in text form.

§ 2 What you receive

Access to BlueAgent under the plan you booked — Bluemira IDE, BlueAgent EDU or BlueAgent SCI — for the number of seats booked, plus any booked add-on modules. What a plan or an add-on includes, and which add-ons exist, follows from the plans page as it stood at the time of your booking.

Responses of the AI assistants are billed by consumption from prepaid credit (§ 6).

BlueAgent is a tool for education and design. It makes no engineering or safety decisions, its assistants and geometry previews can contain errors, and every result must be verified before anything is built on it.

We continue to develop the service; features are added and change. If a material feature of your plan is discontinued, we will announce this with reasonable notice and you may terminate effective as of the discontinuation.

§ 3 Account and seats

A purchase requires an account with a confirmed email address. Keep your credentials secret; you are responsible for actions under your account to the extent they are attributable to you.

Each seat is assigned to one person at a time. Seats may be reassigned, but not used by several people simultaneously.

§ 4 Prices, invoice, payment

The prices shown in the Paddle checkout apply, including the taxes stated there. Invoicing, payment methods, refunds, and payment disputes run through Paddle, because Paddle is the seller (§ 1).

We will announce price changes for running subscriptions by email at least six weeks before they take effect. You may terminate effective as of that date. For annual subscriptions, a price change takes effect no earlier than the next renewal; the current, already-paid term is unaffected.

§ 5 Term and termination

The subscription runs, at your choice, monthly or annually.

Monthly plan. It renews by one month at a time. You may cancel at any time effective as of the end of the paid month, without notice period and without giving reasons — in your account or via Paddle.

Annual plan. It renews by one year at a time unless you cancel by the last day of the current term; cancellation is likewise possible at any time, without notice period and without giving reasons — in your account or via Paddle — effective as of the end of the paid year. We will remind you by email in good time before each renewal of the upcoming renewal and that you can prevent it by cancelling.

Switching between monthly and annual billing is possible effective as of the end of the current term.

We may terminate with one month's notice effective as of the end of the current term.

When the subscription ends, access to the booked plan ends. Your workspace and its contents remain as long as your account exists; you can delete your account yourself at any time, and they will then be deleted (privacy policy).

The right of both parties to terminate for good cause remains unaffected.

§ 6 Credit

Credit is prepaid and drawn down by consumption, at the rates published at the time of purchase.

Credit does not expire. It remains available to you as long as your account exists — including when no subscription is running in the meantime and you return later. If you delete your account, we will refund unused credit on request — via Paddle to the original payment method where possible, otherwise by transfer to an account you name.

§ 7 What you must not do

Resell access or make it available to third parties beyond the booked seats; circumvent technical limits; query the service in an automated way beyond its intended use; post unlawful content or infringe third-party rights.

In the event of a material breach we may suspend access. We will announce this in advance unless the suspension cannot wait.

§ 8 Content and rights

Your content is yours. We process it to provide the service, and for nothing else.

You receive a non-exclusive, non-transferable right to use the software for the duration of the contract. Bluemira is open source and stands under its own licence; these terms do not restrict it.

§ 9 Availability

We operate the service with the diligence of a prudent business, but do not promise any particular availability. We announce maintenance where it can be planned. Your statutory rights in the event of prolonged disruptions remain unaffected.

§ 10 Warranty and liability

The statutory warranty applies.

We are liable without limitation for intent and gross negligence, for injury to life, body, and health, and under product liability law. For slight negligence we are liable only for the breach of material contractual obligations, and in amount limited to the damage typically foreseeable for this type of contract.

Within the scope of the preceding paragraph, we are not liable for decisions based on unverified results of the service (§ 2).

§ 11 Withdrawal for consumers

The purchase contract is concluded with Paddle (§ 1). The statutory right of withdrawal therefore exists towards Paddle and is exercised under Paddle's terms. You will receive the withdrawal notice and the consents described below in Paddle's checkout.

Subscription. So that your access begins immediately rather than after fourteen days, you expressly consent in the checkout to us beginning performance before the withdrawal period expires. If you then withdraw, you owe a proportionate amount for the period up to the withdrawal. For a running subscription, the right of withdrawal lapses only upon complete performance — the immediate start alone does not remove it. This applies equally to monthly and annual plans.

Credit. Credit is provided in full, all at once. If you consent in the checkout to the immediate start and confirm that you thereby lose your right of withdrawal, it lapses upon provision. Should the right of withdrawal nevertheless exist in an individual case, you owe the price of credit already consumed upon withdrawal; unconsumed credit will be refunded.

If you withdraw effectively, access with us ends and unconsumed credit is settled.

§ 12 Changes to these terms

Changes that do not materially shift the balance of performance and price will be announced by email at least six weeks before they take effect. If you do not object by that date, they are deemed accepted; we will point this out expressly in the announcement. If you object, the contract ends on that date. Material changes require your express consent.

§ 13 Data protection

Which data we process and for how long is set out in the privacy policy.

§ 14 Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory protective provisions of the state of your habitual residence remain unaffected. The contract language is German. Translations of these terms — currently this English version and a French one — serve comprehension only; solely the German text is binding.

For disputes with businesses, the court with subject-matter jurisdiction for 8530 Deutschlandsberg, Austria, has territorial jurisdiction. For consumers, the statutory venues apply.

Declarations under these terms require text form; an email suffices.