Last Updated: 30.05.2025
1.1 Welcome to BLDscan
Welcome to BLDscan, a digital health platform that analyzes your blood scan results and generates personalized reports. These Terms govern your use of the BLDscan website and services (the “Platform”).
1.2 Acceptance of Terms
By using BLDscan, you agree to these Terms and our Privacy Policy. If you disagree, do not access the Platform.
1.3 Amendments
BLDscan may modify these Terms at any time. Continued use after changes constitutes acceptance.
3.1 Account Creation and Eligibility:
a. To access and use certain features of the BLDscan Platform (“Platform,” “Service”), including the submission of blood scans for analysis and the receipt of Reports, you must register for a personal user account (“Account”).
b. By registering for an Account, you represent and warrant that:
i. You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater, and possess the legal capacity to enter into these Terms of Service.
ii. All information you provide during the registration process and maintain in your Account profile is true, accurate, current, and complete.
iii. You will promptly update your Account information if it changes to ensure it remains true, accurate, current, and complete.
c. You agree to create only one Account for your personal use. Creating multiple accounts by the same individual may result in the termination of any or all of your accounts.
3.2 Account Credentials and Security:
a. When you create your Account, you will be required to choose a password or may be assigned other access credentials. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password.
b. You must not share your Account credentials with any third party or allow any third party to access or use your Account. If you believe or suspect that your Account credentials have been lost, stolen, compromised, or otherwise used without your authorization, you must notify BLDscan immediately by contacting our customer support.
c. BLDscan cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations or from any unauthorized access to or use of your Account.
3.3 Responsibility for Account Activity:
a. You are solely and fully responsible for any and all activities that occur under your Account, whether or not such activities are undertaken by you, including but not limited to the submission of User Content (such as blood scans), interactions with the Platform, and any resulting Reports.
b. You agree to immediately notify BLDscan of any unauthorized use of your Account or any other breach of security known to you.
c. BLDscan reserves the right to take any action it deems necessary or appropriate to ensure the security of the Platform and your Account, including but not limited to terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account.
3.4 Accuracy of Information and Impersonation:
a. You agree not to provide any false personal information to BLDscan or create an account for anyone other than yourself without their explicit, lawful permission.
b. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, is strictly prohibited and may result in immediate Account termination and potential legal action.
4.1 Service Description
BLDscan provides:
4.2 Role of BLDscan
4.3 Mandatory AI Processing
4.4 Package Features & Validity
Package | Features | Validity Period |
Single Report | One AI-generated report | 365 days |
6 Reports | 6 reports + final summary/historical analysis | 365 days |
12 Reports | 12 reports + final summary/historical analysis | 730 days |
You, the User (“You,” “Your”), agree to the following obligations when accessing or using the BLDscan Platform (“Platform,” “Service”):
5.1. Comply with Laws and Platform Rules: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with Your use of the Platform. You further agree to comply with any rules, guidelines, or policies posted on the Platform or otherwise communicated to You by BLDscan (“Company,” “We,” “Us,” “Our”).
5.2. Provide Accurate and Lawfully Obtained Information:
i. You represent and warrant that any personal information, health information, blood scan data, images, or other content You upload, submit, or otherwise provide to the Platform (“User Content”) is true, accurate, current, complete, and lawfully obtained by You.
ii. You affirm that any blood scan results You submit are Your own, or that You have explicit, legally valid consent from the individual to whom they pertain to submit them for analysis through the Platform.
iii. You understand that the accuracy, relevance, and utility of the explanations and reports (“Reports”) generated by the Platform are directly dependent on the accuracy, legibility, and completeness of the User Content You provide. The Company is not responsible or liable for any errors, omissions, or misinterpretations in Reports resulting from inaccurate, incomplete, illegible, or unlawfully submitted User Content.
5.3. Responsible Platform Use: You agree not to misuse the Platform or assist anyone else in doing so. This includes, but is not limited to, attempting to interfere with, disrupt, or harm the operation of the Platform, its servers, or networks; introducing viruses or other malicious code; attempting to gain unauthorized access to any part of the Platform or user accounts; or using the Platform for any unlawful or fraudulent purpose.
5.4. Acknowledgement and Understanding of Report Limitations (NOT Medical Advice):
i. You acknowledge, understand, and explicitly agree that any Reports, explanations, insights, or other information generated or provided by the Platform are for informational and educational purposes ONLY.
ii. You acknowledge, understand, and explicitly agree that the Reports and any other content from the Platform do NOT constitute medical advice, diagnosis, prognosis, treatment recommendations, or any form of healthcare service. BLDscan does not engage in the practice of medicine.
iii. You acknowledge, understand, and explicitly agree that the Platform and its Reports are NOT a substitute for consultation with, or the professional judgment and advice of, a qualified healthcare professional (e.g., Your physician or other licensed healthcare provider).
iv. You are solely responsible for consulting with Your physician or other qualified healthcare provider regarding Your blood scan results, any information provided by the Platform, Your health status, and any medical conditions or treatment options.
v. You agree that You will NEVER disregard professional medical advice or delay in seeking it because of something You have read, understood, or interpreted from a Report or any other content on the Platform.
vi. Your reliance on any information provided by the Platform is solely at Your own risk. The Company, its affiliates, officers, employees, and agents assume no responsibility or liability for any health-related decisions, actions, or inactions You take based on the information provided by the Platform.
5.5. Package Validity and Forfeiture: You agree to submit Your blood scans for analysis and utilize any purchased report credits or packages within the specified validity period communicated to You at the time of purchase or as otherwise stated on the Platform.
5.6. Forfeiture of Unused Reports: You acknowledge and agree that any unused report credits, package entitlements, or rights to submit scans for analysis will automatically forfeit and expire if not used within their designated validity period, without any right to refund, credit, or extension, unless otherwise explicitly agreed in writing by the Company.
6.1 Fee Structure and Services:
a. BLDscan offers services through one-time payments for specific report packages. The current packages and their included features are as follows, and are subject to change at BLDscan’s discretion (with notice for existing purchases if features are materially reduced):
i. Single Report Package: Entitles you to submit one (1) blood scan for analysis and receive one (1) corresponding explanatory Report.
ii. 6-Report Package: Entitles you to submit up to six (6) blood scans for analysis and receive up to six (6) corresponding explanatory Reports. This package may also include access to historical analysis features, allowing for comparison and trend insights across the reports generated within this package, as detailed on our Platform.
iii. 12-Report Package: Entitles you to submit up to twelve (12) blood scans for analysis and receive up to twelve (12) corresponding explanatory Reports. This package may also include access to historical analysis features, allowing for comparison and trend insights across the reports generated within this package, as detailed on our Platform.
b. All applicable fees for the selected package will be clearly displayed at the time of purchase in U.S. Dollars (USD). For consumers within the European Union, prices displayed will include Value Added Tax (VAT / Mehrwertsteuer – MwSt.) at the applicable rate, where required by law. For business customers or customers outside the EU, prices may be displayed exclusive of VAT, with applicable taxes added at checkout.
c. BLDscan reserves the right to change its fees or introduce new charges at any time. Fee changes will not affect purchases already made and paid for. Any such changes will be communicated in advance, for example, by posting on the Platform or by email.
6.2 Payment Processing:
a. All payments for report packages are due and processed securely in USD at the time of purchase through our designated third-party payment processor(s).
b. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
c. By submitting payment information, you authorize us (or our third-party payment processor) to charge all sums for the packages you select to your designated payment instrument.
d. BLDscan does not currently offer services based on recurring charges or subscriptions. All payments are one-time for the selected package.
6.3 Validity Period and Forfeiture of Unused Reports:
a. Each purchased report package has a specific validity period during which the entitled blood scans must be submitted for analysis. This validity period (e.g., “valid for 12 months from date of purchase”) will be clearly communicated to you before or at the time of purchase and will be accessible within your account details on the Platform.
b. You acknowledge and agree that any report entitlements not used within the specified validity period for your purchased package will automatically expire and be forfeited.
c. No monetary refunds or credits will be provided for expired or unused report entitlements, except as may be explicitly required by applicable mandatory law.
6.4 Right of Withdrawal for EU/EEA Consumers and Refund Policy:
a. Information on the Right of Withdrawal (Widerrufsbelehrung) for Consumers in the EU/EEA: If you are a consumer resident in the European Union or European Economic Area, you generally have a statutory right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
b. Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
c. Expiration of the Right of Withdrawal: You expressly agree that we may begin with the performance of the service (i.e., the AI processing of your submitted blood scan) before the end of the withdrawal period. You acknowledge that by giving this consent and requesting the immediate performance of the service, your right of withdrawal expires once we have fully performed the service (i.e., once the Report generation process for a submitted scan has commenced or completed).
d. General Refund Considerations Beyond Withdrawal Rights:
i. If your right of withdrawal has expired as per section 6.4.c, or if you are not an EU/EEA consumer, payments are generally non-refundable once you have submitted a blood scan for processing under a package, or once the AI processing for a submitted scan has commenced, due to the immediate resource allocation and partly automated nature of the service.
ii. However, this does not affect your statutory warranty rights (Gewährleistungsrechte) if the service provided is defective. If you believe a Report is significantly flawed or not as described, please contact our customer support.
iii. BLDscan will assess other refund requests on a case-by-case basis.
6.5 Access to Generated Reports and Historical Summaries:
a. Once a Report has been successfully generated from a submitted blood scan, it will remain accessible to you through your account on the Platform for a reasonable period, subject to these Terms and our data retention policies.
b. If your purchased package includes historical analysis features, any summary reports or trend insights generated from your processed scans will also remain accessible through your account, subject to the same conditions.
c. Access to generated Reports and historical summaries is contingent upon your account remaining in good standing and not being terminated in accordance with Section 11 (Termination).
Your privacy and the security of your personal information, particularly your health data, are of utmost importance to BLDscan. This section provides an overview of our data practices. For a complete understanding of how we collect, use, store, protect, and disclose your personal information, please refer to our comprehensive Privacy Policy, which is incorporated by reference into these Terms of Service and forms an integral part of this agreement.
7.1 Your Ownership and Control of Health Data:
a. You retain full ownership of your personal health information and the raw blood scan data (“User Health Data”) that you upload to the Platform.
b. By using the Platform, you grant BLDscan a limited, non-exclusive, royalty-free, worldwide license to access, use, process, and store your User Health Data solely for the purposes of providing the Service to you, including generating your personalized Reports, as further detailed in these Terms and our Privacy Policy.
7.2 Data Processing for Report Generation and AI Analysis:
a. Report Generation: To generate your personalized explanatory Reports, our Platform, including its AI components, will process your identifiable User Health Data. This processing is essential for the core functionality of the Service, and you acknowledge that you cannot opt-out of this specific processing if you wish to receive a Report.
b. AI Model Improvement and Training:
i. BLDscan is committed to continuously improving our AI models to enhance the accuracy and utility of the Reports. For this purpose, we may use User Health Data in a de-identified and/or aggregated form to train, validate, and improve our AI algorithms and underlying models. De-identified data means that direct personal identifiers (such as your name and contact details) are removed. Aggregated data means information is combined from multiple users so that it does not identify any individual.
ii. We will not use your identifiable User Health Data to train or improve our general AI models without your explicit, separate consent, which may be sought at a later time.
c. Our use of User Health Data for AI processing is further detailed in our Privacy Policy.
7.3 Security Measures:
a. BLDscan implements and maintains robust technical, administrative, and physical security measures designed to protect your User Health Data from unauthorized access, use, disclosure, alteration, or destruction.
b. These measures include, but are not limited to:
i. Encryption of User Health Data both in transit (e.g., using TLS/SSL) and at rest.
ii. Secure storage of data primarily on servers located in Europe, managed in accordance with high industry security standards and relevant European data protection laws.
iii. Regular security assessments, vulnerability scanning, and penetration testing.
iv. Access controls to limit personnel access to User Health Data on a need-to-know basis.
c. While we strive to protect your User Health Data, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. You are also responsible for maintaining the confidentiality of your account credentials.
7.4 Data Retention and Deletion:
a. You have the right to request the deletion of your account and your associated User Health Data at any time. This can typically be done through your account settings on the Platform or by contacting our customer support, as detailed in our Privacy Policy.
b. Upon receiving a valid deletion request, we will take steps to delete your identifiable User Health Data from our active systems in accordance with our data retention schedule.
c. Please note that backup copies of your User Health Data may persist in our secure backup archives for a limited period (e.g., typically up to 30-90 days, as specified in our Privacy Policy) before they are permanently purged. This is a standard practice to ensure data recovery capabilities in case of system failure.
d. De-identified and/or aggregated data, which cannot be used to identify you, may be retained by BLDscan for research, statistical analysis, and service improvement purposes even after your account deletion, as permitted by applicable law and detailed in our Privacy Policy.
7.5 Historical Analysis Data and Summary Reports:
a. If the Platform offers features that provide cross-report analysis or historical summaries based on your past User Health Data (“Historical Analysis Features”):
i. The generation of these summaries for your personal use involves processing your identifiable User Health Data associated with your account.
ii. You can typically download these summary reports for your personal records while your account is active.
iii. Upon account deletion, any identifiable data used to generate your personal historical summaries will be subject to our standard deletion processes outlined in section 7.4.
iv. Any aggregated or de-identified insights derived from multiple users’ historical data (which do not identify you personally) may be retained by BLDscan for ongoing trend analysis and service improvement, as detailed in our Privacy Policy.
8.1. BLDscan’s Ownership:
i. You acknowledge and agree that the Platform, including but not limited to its design, text, graphics, images, video, information, software, source code, object code, algorithms, artificial intelligence models, methodologies, sound, and other files, and their selection and arrangement (collectively, “Platform Content”), are the proprietary property of BLDscan or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.
ii. BLDscan grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Platform Content solely for Your personal, non-commercial use in accordance with these Terms.
iii. The name “BLDscan,” our logos, and all related names, product and service names, designs, and slogans are trademarks of BLDscan or its affiliates or licensors. You must not use such marks without the prior written permission of BLDscan. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
8.2. User Content and License to BLDscan:
i. You retain full ownership of the original blood scan results and any other personal or health information You upload or submit to the Platform (“User Content”).
ii. By submitting User Content to the Platform, You grant BLDscan a non-exclusive, worldwide, royalty-free, sublicensable (as necessary for service provision, e.g., to cloud providers), and transferable license to access, use, process, reproduce (as technically necessary), modify (e.g., to reformat for analysis), analyze, store, and display Your User Content solely for the purpose of providing the Service to You, including generating the explanatory Reports and making them available to You.
iii. This license continues for as long as Your User Content is stored on our Platform, subject to Your rights and Our obligations as detailed in Our Privacy Policy.
8.3. Ownership and Use of Generated Reports:
i. While You own Your underlying User Content (the raw data from Your blood scan), You acknowledge that the explanatory Reports generated by the Platform, including their specific textual explanations, structure, layout, insights, and any derivative data created by Our analysis (excluding Your identifiable personal data), represent the intellectual property of BLDscan, developed through Our proprietary processes and algorithms.
ii. BLDscan grants You a limited, non-exclusive, non-transferable license to use the Reports generated from Your User Content for Your personal, non-commercial, informational purposes only, subject to these Terms. You may download, print, and store these Reports for such personal use.
iii. You agree not to reproduce (except for personal backup), modify, distribute, publicly display, publicly perform, republish, create derivative works from (other than those naturally arising from Your personal understanding and application of the information), or commercially exploit the Reports or their proprietary explanatory content without the express prior written consent of BLDscan.
8.4. Anonymized and Aggregated Data:
i. You grant BLDscan a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your User Content in an anonymized and aggregated form (i.e., in a way that it cannot be reasonably used to identify You individually) for any purpose, including but not limited to improving the Platform, developing new products or services, conducting research, and for general business analytics and reporting. Our use of such anonymized and aggregated data will be consistent with Our Privacy Policy.
8.5. No Other Rights:
i. Except for the limited licenses expressly granted in these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, whether by implication, estoppel, or otherwise. All rights not expressly granted to You are reserved by BLDscan and its licensors.
9.1 No Warranties; “As Is” and “As Available” Basis
a. You expressly acknowledge and agree that your use of the Platform and any reports or information obtained through the Platform is at your sole risk.
b. The Platform, Platform Content, and any reports or services obtained through the Platform are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.
c. To the fullest extent permissible pursuant to applicable law, BLDscan, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the “BLDSCAN Parties”) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, title, and non-infringement of third-party rights.
d. The BLDSCAN Parties do not warrant that:
i. the Platform or the reports will be accurate, complete, reliable, error-free, uninterrupted, or free of viruses or other harmful components;
ii. any defects or errors in the Platform or reports will be corrected;
iii. the reports or information provided will meet your personal health needs or expectations; or
iv. the Platform will be secure or available at any particular time or location.
e. You understand and agree that any information, explanations, or reports provided by the Platform are for informational and educational purposes only and do not constitute medical advice, diagnosis, or treatment. BLDscan makes no representations or warranties regarding the professionalism, qualifications, or quality of any healthcare provider. Reliance on any information provided by the Platform is solely at your own risk.
9.2 Limitation of Liability
a. To the fullest extent permitted by applicable law, in no event shall the BLDSCAN Parties be liable to you or any third party for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to, damages for loss of profits, loss of data, loss of use, loss of goodwill, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Platform or any reports or information obtained through the Platform, even if a BLDSCAN Party has been advised of the possibility of such damages.
b. To the fullest extent permitted by applicable law, the BLDSCAN Parties’ total aggregate liability to you for all claims arising out of or relating to these Terms, the Platform, or any reports or information obtained through the Platform, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the greater of:
i. the total amount paid by you to BLDscan for the specific report package or service giving rise to the claim in the twelve (12) months immediately preceding the event giving rise to such liability; or
ii. one hundred U.S. dollars (USD $100.00) (or the equivalent in local currency).
c. This limitation of liability is a fundamental element of the basis of the bargain between you and BLDscan. The Platform and reports would not be provided without such limitations.
d. The limitations set forth in this section 9.2 shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
9.3 Exclusions and Limitations
a. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages (such as incidental or consequential damages, or for gross negligence or willful misconduct). Accordingly, some of the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law. In such cases, the liability of the BLDSCAN Parties will be limited to the fullest extent permitted by applicable law.
b. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury caused by our gross negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
You agree to defend, indemnify, and hold harmless BLDscan, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs (collectively, “Claims”), arising out of or relating to:
BLDscan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with BLDscan in asserting any available defenses. You agree not to settle any matter subject to indemnification by you without the prior written consent of BLDscan. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Platform.
11.1 Termination by BLDscan:
a. BLDscan reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to all or any part of the Platform, or to terminate your account, at any time, for any reason or no reason, with or without prior notice, and without liability to you.
b. Reasons for such suspension or termination by BLDscan may include, but are not limited to:
i. Any breach or violation of these Terms of Service or any other agreements or guidelines incorporated herein;
ii. Requests by law enforcement or other government agencies;
iii. Discontinuance or material modification of the Platform (or any part thereof);
iv. Unexpected technical or security issues or problems;
v. Extended periods of inactivity (as determined by BLDscan in its reasonable discretion);
vi. Engagement by you in fraudulent or illegal activities; or
vii. Nonpayment of any fees owed by you in connection with the Platform (if applicable).
c. In the event of termination by BLDscan for cause (such as a breach of these Terms), such termination may be immediate and without prior notice.
11.2 Termination by You:
a. You may terminate your account and cease using the Platform at any time.
b. You can terminate your account by accessing your account settings on the Platform (if such functionality is available) or by contacting BLDscan customer support directly and requesting account termination.
c. Termination of your account will be effective once BLDscan has processed your request, and you will receive confirmation if requested.
11.3 Effect of Termination:
a. Upon termination of your account by either you or BLDscan, for any reason:
i. Your right to access and use the Platform and any associated services will immediately cease.
ii. You acknowledge and agree that any unused Report credits, package entitlements, or rights to submit scans for analysis that are associated with your account will be immediately and irrevocably forfeited. You will not be entitled to any refund, credit, or other compensation for such forfeited items, unless otherwise explicitly required by applicable law or stated in a separate refund policy provided by BLDscan.
iii. BLDscan may, in its sole discretion, delete or deactivate your account and all related information and files in your account, including your User Content and any generated Reports, in accordance with our data retention policies as outlined in our Privacy Policy. BLDscan shall not be liable to you or any third party for any termination of your access or for the deletion of your information or files.
iv. Certain provisions of these Terms of Service that by their nature should survive termination will continue in full force and effect. These include, but are not limited to, provisions concerning intellectual property ownership, disclaimers of warranties, indemnification, limitations of liability, governing law, and dispute resolution.
11.4 Suspension Instead of Termination:
a. Without limiting BLDscan’s right to terminate, BLDscan may also, in its sole discretion, elect to suspend your account or your access to certain features of the Platform if it reasonably believes any of the conditions listed in section 11.1.b have occurred, or for any other reason deemed appropriate.
b. During any period of suspension, you may not be able to access your account or certain features of the Platform. BLDscan may, in its discretion, lift a suspension at any time.
12.1 Governing Law:
a. These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, to the exclusion of its conflict of law rules (such as the UN Convention on Contracts for the International Sale of Goods – CISG).
b. If you are a consumer ordinarily resident in the European Union, you will also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Service, including clause 12.1.a, affects your rights as a consumer to rely on such mandatory provisions of local law.
12.2 Amicable Dispute Resolution and Mediation:
a. We are committed to resolving disputes with you amicably. In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof (a “Dispute”), both parties agree to first attempt to resolve the Dispute through good faith negotiations. The party initiating the Dispute shall provide written notice to the other party, outlining the nature of the Dispute.
b. If the Dispute cannot be resolved through negotiation within thirty (30) days of such notice, both parties agree to attempt to settle the Dispute by mediation before resorting to litigation or any other dispute resolution procedure.
c. The mediation shall take place in Germany, in the German language (unless otherwise mutually agreed), and shall be conducted by a mutually agreed-upon mediator. If the parties cannot agree on a mediator within fourteen (14) days after one party has proposed a mediator to the other, either party may request a recognized mediation institution in Germany (e.g., a Chamber of Commerce and Industry – IHK, or the Deutsche Institution für Schiedsgerichtsbarkeit – DIS) to appoint a mediator.
d. The costs of the mediator shall be borne equally by the parties, unless otherwise agreed. The mediation process is confidential and without prejudice to the rights of the parties in any future proceedings.
12.3 Online Dispute Resolution for Consumers (EU):
a. If you are a consumer resident in the European Union, please note that the European Commission provides an online dispute resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr/.
b. BLDscan is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address for this purpose is [email protected] .
12.4 Competent Courts / Jurisdiction:
a. If a Dispute cannot be resolved through negotiation or mediation as set forth above, or if a party is seeking urgent injunctive or equitable relief, then:
i. If you are a business entity (Unternehmer), the exclusive place of jurisdiction for all Disputes arising from or in connection with this contractual relationship shall be Aachen.
ii. If you are a consumer (Verbraucher) resident in Germany, the statutory provisions on jurisdiction shall apply.
iii. If you are a consumer resident in the European Union (but outside Germany), you may bring proceedings in connection with these Terms either in the courts of Germany or in the courts of the EU Member State in which you are domiciled. BLDscan may only bring proceedings against you in the courts of the EU Member State in which you are domiciled.
b. This does not affect your right, if you are a consumer, to seek relief through the Online Dispute Resolution platform mentioned in section 12.3.
12.5 Language:
a. All proceedings related to disputes shall be conducted in the German language, unless otherwise mutually agreed by the parties in writing, or unless mandatory provisions of law require proceedings in another language (especially in consumer disputes).
13.1 Entire Agreement:
a. These Terms of Service, together with our Privacy Policy and any other legal notices, disclaimers, or guidelines published by BLDscan on the Platform or expressly incorporated by reference herein, constitute the entire agreement and understanding between you and BLDscan with respect to your access to and use of the Platform and its content and services.
b. This agreement supersedes all prior or contemporaneous communications, negotiations, representations, and proposals, whether oral, written, or electronic, between you and BLDscan with respect to such subject matter.
13.2 Severability:
a. If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
b. The parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and if such endeavor is not possible, then to sever the offending provision and enforce the remainder of these Terms to the maximum extent permissible.
13.3 No Waiver:
a. The failure of BLDscan to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.
b. Any waiver of any provision of these Terms of Service by BLDscan will be effective only if in writing and signed by an authorized representative of BLDscan.
c. A waiver by BLDscan of any default shall not be deemed a waiver of any subsequent default. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.
13.4 Force Majeure:
a. BLDscan shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.
b. Such circumstances include, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions or orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
c. Upon the occurrence of a force majeure event, BLDscan will be excused from any further performance of its obligations affected by the force majeure event for as long as the event continues and BLDscan uses commercially reasonable efforts to recommence performance.
13.5 Assignment:
a. You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of BLDscan. Any attempted assignment or transfer in violation of this provision will be null and void.
b. BLDscan may assign or transfer its rights and obligations under these Terms of Service, in whole or in part, to any third party at its sole discretion, including in connection with a merger, acquisition, sale of assets, or by operation of law, without requiring your consent and without prior notice to you.
13.6 Headings:
a. The section titles and headings in these Terms of Service are for convenience only and have no legal or contractual effect. They shall not affect the interpretation or construction of these Terms.
13.7 Notices:
a. BLDscan may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, postings on the Platform, or other reasonable means now known or hereafter developed. You agree that all agreements, notices, disclosures, and other communications that BLDscan provides to you electronically satisfy any legal requirement that such communications be in writing.
b. Any notices or other communications provided by you to BLDscan under these Terms of Service should be sent to the contact information provided on our Platform (e.g., via a designated support email or legal contact address).
13.8 No Third-Party Beneficiaries:
a. Except as otherwise expressly provided in these Terms of Service (e.g., indemnification of “Indemnified Parties”), there shall be no third-party beneficiaries to these Terms. These Terms are for the benefit of, and will be enforceable by, the parties only.
13.9 Relationship of the Parties:
a. Nothing in these Terms of Service shall be construed as creating any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and BLDscan.