Last updated: February, 2026

TERMS AND CONDITIONS

of blue auditor GmbH

These Terms and Conditions (“Terms”) govern the use of the software platform “blue auditor” (“Platform”) provided by:
 
blue auditor GmbH
Diesterweggasse 1/1A
1140 Vienna, Austria
(“Licensor”)
 
Users of the Platform are referred to as “Licensee”.
 
By registering, accessing, or using the Platform, the Licensee agrees to these Terms.
 
 
 
1. General
 
 
(1) These Terms apply exclusively to commercial users (entrepreneurs within the meaning of applicable law).
 
(2) Orders and agreements become legally binding upon confirmation by the Licensee during the ordering or registration process.
 
(3) The Licensee’s own general terms and conditions shall not apply unless expressly agreed in writing.
 
(4) The Platform may be used either as a standalone SaaS subscription or as part of a separately executed agreement (e.g., a Master Agreement for Metering-as-a-Service). In such cases, the individually executed agreement shall prevail in the event of conflict.
 
 
 
2. Subject Matter of the Contract
 
 
(1) The Licensor grants the Licensee a non-transferable, non-exclusive, time-limited right to use the Platform for the duration of the contractual relationship.
 
(2) The Platform is provided as Software-as-a-Service (SaaS) and is accessible via www.blueauditor.com.
 
(3) The Licensor may update, enhance, or modify the Platform at its reasonable discretion.
 
(4) Maintenance windows will, where reasonably possible, be scheduled outside regular business hours.
 
 
 
3. Duration and Termination
 
 
(1) Unless otherwise agreed, contracts are concluded on an annual basis.
 
(2) The contract automatically renews for successive annual terms unless terminated at least 30 days prior to the renewal date.
 
(3) Termination may be effected in writing or via the online account interface where available.
 
(4) Where the Platform is used in connection with a separately executed agreement (e.g., Master Agreement), the duration and termination provisions of such agreement shall prevail.
 
(5) Fees already paid are non-refundable unless otherwise required by mandatory law.
 
 
 
4. License Scope
 
 
(1) The Licensee may use the Platform solely for its internal business purposes.
 
(2) Sub-licensing, resale, redistribution, or external commercial exploitation of the Platform is prohibited without prior written consent of the Licensor.
 
(3) The Licensee shall ensure that access credentials are kept confidential and used only by authorized personnel.
 
 
 
5. Fees and Payment
 
 
(1) All prices are net of VAT and other applicable taxes.
 
(2) Payment terms are as agreed during checkout, ordering, or invoicing.
 
(3) The Licensor may adjust subscription fees upon renewal, provided reasonable notice is given.
 
(4) In case of conflicting payment provisions in a separately executed agreement, such agreement shall prevail.
 
 
 
6. Availability
 
 
(1) The Licensor endeavors to ensure high availability of the Platform.
 
(2) However, uninterrupted availability is not guaranteed.
 
(3) The Licensor shall not be liable for downtime caused by force majeure, internet disruptions, third-party infrastructure failures, or circumstances beyond its reasonable control.
 

 
7. Support and Service Levels
 
 
(1) The Licensor provides standard support via email during regular business hours (Monday–Friday, 09:00–17:00 CET, excluding Austrian public holidays).
 
(2) Standard support includes clarification of functionality and assistance with technical issues.
 
(3) The Licensor aims to acknowledge support requests within five (5) business days. No guaranteed resolution time is provided.
 
(4) The Licensor does not provide telephone support, on-site support, or dedicated account management under standard subscription plans.
 
(5) Enhanced or priority support services, including shorter response times or dedicated contact persons, may be offered under separate agreements or premium service plans.
 
(6) Post-termination support, data extraction assistance, migration services, or consulting services may be provided subject to separate agreement and additional fees. 



8. Warranty
 
 
(1) The Licensor warrants that the Platform substantially conforms to its functional description.
 
(2) The Licensee acknowledges that software cannot be entirely error-free and that uninterrupted operation cannot be guaranteed.
 
(3) The Licensor shall remedy material defects within a reasonable period after notification.
 
(4) Warranty claims for insignificant deviations are excluded.
 
 
 
9. Liability
 
 
(1) The Licensor shall be liable without limitation in cases of intent, gross negligence, or mandatory statutory liability.
 
(2) In cases of simple negligence, liability is limited to foreseeable and typical damages and shall not exceed the amount of one annual license fee paid by the Licensee.
 
(3) Liability for indirect damages, consequential damages, or loss of profit is excluded.
 
(4) These limitations also apply to employees and agents of the Licensor.
 
 
 
10. Data Return and Retention After Termination
 
 
(1) The Licensee is responsible for exporting and securing its data prior to termination. The Platform provides functionality to download customer-specific data during the active term of the contract.
(2) After termination, access to the Platform may be disabled. The Licensor is not obliged to provide separate data exports unless agreed in writing. Any post-termination assistance may be subject to a separate service fee
 
 
(3) Personal data and customer-identifiable data shall be deleted within 30 days after termination, unless statutory retention obligations apply.
 
(4) The Licensor is entitled to retain and use anonymized and aggregated data for statistical analysis, benchmarking, product development, algorithmic optimization, improvement of the Platform, and commercial enhancement of its services.
 
(4) Such anonymized data may be retained and processed without time limitation.
 
 
 
11. Confidentiality
 
 
(1) The parties shall treat all non-public information obtained in connection with the contractual relationship as confidential.
 
(2) Confidential information may only be disclosed to employees and advisors on a need-to-know basis.
 
(3) This obligation survives termination of the contract.
 
 
 
12. Intellectual Property
 
 
(1) All intellectual property rights in the Platform remain exclusively with the Licensor.
 
(2) The Licensee shall not modify, decompile, reverse engineer, or create derivative works of the Platform.
 
(3) Nothing in these Terms grants the Licensee any right to access or obtain the source code.
 
 
 
13. Data Protection and Analytics
 
 
(1) The Licensor processes personal data in accordance with applicable data protection laws, including Regulation (EU) 2016/679 (GDPR).
 
(2) Details regarding the nature, scope, purposes, legal bases of processing, international transfers, and use of service providers are set out in the Privacy Policy available at:
 
www.blueauditor.com/privacy
 
(3) The Platform may use analytics and usage monitoring tools operated by the Licensor or third-party providers in order to improve functionality, security, and user experience.
 
(4) The use of non-essential cookies and analytics technologies is subject to prior user consent where required by law.
 
(5) Users may withdraw their consent at any time with future effect via the cookie management interface.
 
(6) Where personal data is processed on behalf of the Licensee within the meaning of Art. 28 GDPR, the parties shall conclude a separate Data Processing Agreement (DPA).
 
 
 
14. Assignment
 
 
The Licensee may assign claims against the Licensor only with prior written consent of the Licensor.
 
 
 
15. Governing Law and Jurisdiction
 
 
(1) Austrian law shall apply, excluding conflict-of-law rules.
 
(2) The exclusive place of jurisdiction shall be Vienna, Austria.