The English version is provided for convenience. In case of discrepancies, the German version takes precedence.
1. Scope
These Terms and Conditions apply to the use of the Blitzy software-as-a-service platform, operated by Mr. Simply GmbH, Oberjesinger Str. 1, 71154 Nufringen, Germany (hereinafter "Provider").
The platform is offered exclusively to business users as defined by §14 BGB. Use by consumers is excluded.
The parties are merchants within the meaning of the German Commercial Code (HGB).
These terms apply to the use of Blitzy via the web application as well as mobile apps for iOS and Android.
The contract language is German. In case of discrepancies, the German version shall prevail.
2. Contracting Party & Conclusion of Contract
The contract for the use of Blitzy is concluded upon registration and first use of the platform.
Individual agreements or deviating terms and conditions do not apply.
Each email address can only be used once in the system. Multiple use of the same address is not permitted.
3. Description of Services
Blitzy is a self-service software solution for managing project-based business processes, particularly for consulting professions.
The platform enables the management of clients and projects, structured offer and invoice generation, and automated processing of billing-relevant data.
Available features include the management of consulting projects, creating offers and service reports, logging services rendered, and automated invoicing on definable intervals.
Depending on the selected package, additional features include digital document sharing via touchpoints and electronic signatures.
The platform is available in different service packages via web, iOS, and Android applications.
The Provider does not owe individual customization, performance monitoring, or personal onboarding. Use is entirely the user's responsibility.
4. Rights to the Software
The Provider retains all rights to the Blitzy platform.
The customer is granted a simple, non-transferable, and non-sublicensable right to use the platform for the duration of the contractual relationship.
Any reproduction, modification, distribution, or use beyond the contractually agreed scope – especially resale, reverse engineering, or publication – is prohibited.
If third-party components are integrated in Blitzy (e.g., open-source software or external services like eSignature), their license terms additionally apply. These can be viewed in the app.
The Provider reserves the right to take legal action in cases of misuse.
5. Customer Obligations & Responsibilities
The customer agrees to use the platform properly and lawfully. They are solely responsible for:
- the accuracy and legality of their content and data,
- compliance with statutory retention and documentation obligations,
- regular backup/export of documents (offers, invoices, service reports),
- secure handling of login credentials,
- compliance with data protection requirements, especially as controller under the GDPR,
- use for unlawful, discriminatory, offensive, or security-threatening purposes is prohibited.
The Provider does not offer tax or legal advice. The customer is solely responsible for the content-related and formal correctness of the documents generated via the platform (especially offers, invoices, and service reports).
6. Data Protection & Processing
The Provider processes personal data exclusively for the purpose of fulfilling the contract and in accordance with applicable data protection laws.
By registering, the customer automatically enters into a Data Processing Agreement (DPA) under Art. 28 GDPR. This DPA is available for download in the customer account.
The DPA forms an integral part of these Terms and is deemed contractually accepted through the use of the platform.
Further information is available in the privacy policy on the website.
7. Confidentiality
Both parties agree to keep all confidential information disclosed during the cooperation strictly confidential.
This includes trade secrets, customer data, internal procedures, and other sensitive information.
The confidentiality obligation continues beyond the end of the contract.
8. Trial Period
Newly registered users receive a free trial period of 14 days. If no paid plan is booked during this period, access ends automatically.
Trial accounts inactive for an additional 14 days after the trial will be fully deleted by the system.
9. Pricing & Payment Terms
All prices are net plus VAT as per the pricing table.
Payment is due in advance for the chosen billing period (monthly or annually) by debit or credit card.
Upgrades are possible at any time. Downgrades only take effect at the end of the current billing period.
In case of payment default, the Provider reserves the right to block access after prior notice and - after a reasonable grace period - delete the account.
10. Term & Termination
The contract runs monthly or annually depending on the selected plan and renews automatically unless terminated in due time.
Termination is possible at any time at the end of the billing period and must be submitted via the customer account.
The Provider may terminate the contract for good cause, particularly in cases of abuse or payment default.
11. Availability & Maintenance
The platform is generally available around the clock. Scheduled and unscheduled maintenance may lead to temporary limitations.
There is no entitlement to specific availability or response times.
12. Support
Blitzy is a self-service product. The Provider offers online documentation, guides, and FAQs on the website.
An optional chat function or contact form may be offered. There is no entitlement to individual support, personal feedback, or guaranteed response times.
A service level agreement (SLA) is not part of the contract.
13. Data Backup & Deletion
Customers can export and save documents such as offers, invoices, and service reports independently.
After account deletion, remaining data in internal system backups is retained for up to 60 days and then permanently deleted. Reactivation is not possible.
14. Liability
The Provider's liability is limited to intent and gross negligence.
In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual obligations (cardinal obligations), and then only for the typical, foreseeable damage.
No liability is assumed for indirect damages, lost profits, data loss, or missed business opportunities.
The customer bears sole responsibility for incorrect or incomplete data entries and configurations.
The Provider is not liable for any GDPR violations resulting from the customer’s unlawful use of the platform as a data controller.
15. Changes to Terms / Services
The Provider reserves the right to change the terms and offered services at any time.
Changes will be communicated to the customer in due time via email or in the customer area.
Continued use after the effective date constitutes acceptance of the revised version.
16. Final Provisions
German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider.
If any provision of these Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected.
As of May 2025