1. Provider, scope and business use
These Terms apply to BrandGuard use by businesses, legal entities under public law and public-law special funds. The provider and contracting party is Boris Banaszak, trading as Borban Digital Solutions. The service is currently not offered to consumers.
2. Registration and contract formation
A contract is formed when an authorized user registers, accepts the displayed contractual documents and BrandGuard provides access. Information must be complete and accurate. Credentials may only be shared with authorized persons.
3. Services
BrandGuard provides research, technical analysis, historical reconstruction, monitoring, case organization and evidence documentation functions. Scope depends on the selected plan, activated modules, quotas and the technical availability of external sources.
4. Trial, plans and fees
Trials are time- and feature-limited and may be suspended when they expire. Paid plan prices, terms and billing intervals are displayed before purchase. Unless stated otherwise, prices are net plus applicable VAT.
5. Customer duties
Customers may process only lawful targets and content and must ensure the required rights, authority and legal basis. Access controls, technical restrictions or third-party systems must not be bypassed, attacked or overloaded. The Acceptable Use Policy forms part of the contract.
6. Findings and legal assessment
BrandGuard documents technical findings and risk signals. It does not make an automatic binding finding of infringement and does not replace legal advice. Customers remain responsible for reviewing results, deadlines, identities and legal conclusions.
7. External sources and availability
External websites, archives, search services and registers may be incomplete, delayed, changed or temporarily unavailable. BrandGuard does not promise complete coverage of the entire internet. Maintenance, security measures and technically necessary interruptions remain possible.
8. Privacy, confidentiality and processing
Personal data is processed according to the Privacy Notice. Where BrandGuard processes personal data on behalf of a customer, a data processing agreement is available on request. Both parties must keep non-public information confidential.
9. Software and content rights
BrandGuard, its code, design, documentation and platform content remain protected. Customers receive a simple, non-transferable right to use the service during the contract term. Customers retain rights in their own data and lawfully created exports.
10. Liability
Statutory liability applies to intent, gross negligence, injury to life, body or health and mandatory liability. For slight negligence affecting essential contractual duties, liability is limited to foreseeable, typical contractual damage. Liability for the customer's legal decisions or completeness of external sources is excluded to the extent permitted by law.
11. Term, termination, export and deletion
Term and notice periods follow the selected plan. After termination, BrandGuard may offer a limited transition period for data export. Data is then deleted under the published retention policy unless legal duties or documented legal holds require preservation.
12. Changes, law and venue
Material changes will be communicated and, where required, accepted again. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent legally permitted, venue is the provider's registered place of business. Individual agreements take precedence.