Preliminary Note
BLACKROLL® AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland (hereinafter referred to as “BLACKROLL”) is, among other things, a provider of innovative solutions in the digital environment.
As part of its product portfolio, BLACKROLL provides the “BLACKROLL® Community” platform on the Internet, which is a Software-as-a-Service (SaaS) platform.
Unregistered users (“Visitors”) may only use the platform to the limited extent provided by BLACKROLL, specifically for informational purposes.
The use of additional features of the platform, in particular the collection of points, requires the visitor to register and activate a personal user account (“User Account”) (hereinafter referred to as “End User” following registration and activation).
Scope of Application, Contracting Parties, and General Provisions
These Terms of Use apply to all End Users who register on the Platform and use the Platform, its features, and the content accessible via the Platform (hereinafter collectively referred to as the “Platform”).
The current version of these Terms of Use applies to the use of the Platform. The use of services when redeeming points as part of the use of the Platform requires the conclusion of additional terms and conditions between BLACKROLL and the end user (“Redemption Terms”). These Terms of Use take precedence over any supplementary or subsequent agreements regarding individual services, unless otherwise expressly provided for in such agreements
Registration on the Platform and use of the Platform are permitted only to end users who are at least 16 years of age and have their legal residence in Germany. End users who are at least 16 but not yet 18 years of age may accept these Terms of Use only with the consent of their legal guardians. By registering on the platform, the end user confirms that the aforementioned requirements are met and, where necessary, that consent from a legal guardian has been obtained.
The end user accepts these Terms of Use upon registration and confirms their effective incorporation by checking the corresponding box before completing the registration process. The contractual relationship between the end user and BLACKROLL, which is based on these Terms of Use, comes into effect upon confirmation by BLACKROLL via email following the end user’s registration on the platform. To this end, the end user must complete and submitthe registration form providedon the platform at https://blackroll.com/de/account/register or in the official app, ensuring that all information is complete and truthful (“Conclusion of the Contract”). Each end user is permitted to register and use only one user account.
Any deviating, supplementary, or conflicting terms and conditions of the end user or third parties shall not be recognized unless BLACKROLL expressly agrees to their validity in writing.
The platform may only be used in its current version and to the extent made available to the end user at any given time. No specific characteristics, scope of functionality, or compatibility of the platform is agreed upon. From time to time, the end user may need to update their IT infrastructure (e.g., internet browser) in order to use the platform.
Subject Matter of the Contract and Principal Obligations
Upon successful registration, the user relationship entitles the end user to participate in the customer loyalty program offered by BLACKROLL. The subject matter of the principal obligations specified below is the provision of a points-based system that enables the end user to earn points as part of the respective promotions offered (hereinafter “Promotions”) and to redeem these points in accordance with the applicable redemption terms for the benefits offered (hereinafter “Benefits”).
Promotions
The specific terms of each promotion—in particular, the requirements for earning points, the number of points awarded, and any restrictions or time limits—will be displayed to the end user on the platform as part of the respective promotion.
Points awarded upon the purchase of a product are initially subject to change. If the end user exercises their statutory right of withdrawal or the purchase is rescinded, the corresponding points will automatically expire.
The end user is only entitled to accumulate a maximum of 10,000 points (hereinafter “cap”). If the end user reaches the cap and participates in a promotion that would result in the acquisition of redeemable points, they will not receive any points for that promotion.
Points are valid for 12 months from the date of acquisition, unless expressly stated otherwise. Upon expiration of this validity period, the points expire without replacement and can no longer be redeemed.
Points do not constitute a currency. Conversion of points into cash and cash payouts of the equivalent value of points are prohibited. Points are personal and non-transferable; trading in points or rewards (e.g., via sales platforms) is prohibited.
BLACKROLL is entitled to modify or terminate existing promotions or add new ones at any time.
Benefits
Points may only be redeemed for specific benefits to the extent specified in the redemption terms and, where indicated, only while supplies last. The redemption terms are available on the respective offer page for the relevant benefit.
Points are redeemed for a gift card by providing a digital gift card code.
The shipment of free products as part of the rewards is contingent upon a simultaneous, paid order of merchandise.
Free shipping purchased with points applies to standard shipping within Germany. Additional costs for express services or freight shipments are excluded from this.
Access to exclusive presales or similar benefits merely grants the participant the opportunity to purchase certain products before the official launch date or on an exclusive basis. Due to limited quantities, this access does not guarantee the purchase of the products advertised there.
The customer loyalty program is also divided into tiers, which are determined by the total number of points earned by the end user. The currently applicable tiers, the corresponding point thresholds, and the benefits associated with each tier are determined by BLACKROLL and published on the program page. Tier membership is automatically adjusted as soon as a point threshold is reached or fallen below.
BLACKROLL may change, restrict, replace, or discontinue the benefits and tier membership at any time; however, benefits that have already been definitively redeemed or bindingly reserved by end customers and/or tiers that have already been achieved remain unaffected by this. Please refer to Section 3.4.
Third-Party Providers
In certain cases, benefits or services offered through the platform as part of the redemption of points may be provided by third parties. The respective terms of use, terms and conditions, or license terms of the relevant third-party providers (collectively, “Third-Party Terms”) may apply in addition to these terms when using such third-party services.
The end user will be expressly notified of the applicability of such third-party terms no later than during the redemption process. Use of the respective third-party service requires the end user’s consent to the relevant third-party terms.
Principles of Service Provision
The services provided by BLACKROLL under these Terms of Use are intended solely for the end user’s own use in the course of their personal activities.
BLACKROLL is entitled to further develop, adapt, or modify the platform’s features and the content accessible via the platform to the extent that there is an objective reason to do so, in particular due to technological advancements, legal requirements, or to improve user-friendliness.
BLACKROLL reserves the right to revoke points or benefits already granted, in whole or in part, if there are indications that the points or their redemption were granted due to a technical or administrative error or through intentional or negligent conduct by the end user in breach of their obligations—in particular through fraud or deception (e.g., in the case of product reviews that violate the Terms of Use) or in any other unforeseen manner in violation of the underlying contractual terms. Further legal claims remain unaffected.
BLACKROLL aims for a platform availability of 95% per year. However, maintenance, security, or capacity issues, as well as events beyond BLACKROLL’s control (in particular disruptions to third-party services, disruptions to public communication networks, power outages, etc.), may lead to restrictions or temporary unavailability. Such restrictions beyond BLACKROLL’s control shall not be counted toward the platform’s downtime for the purposes of BLACKROLL’s target platform availability.
End User Obligations and Indemnification
The end user is responsible for ensuring that the minimum technical requirements for using the platform—with respect to the hardware and software used by the end user as well as the end user’s data connection—are met. The end user may not use any software or other technical devices that could jeopardize the functioning of the platform.
The end user agrees to refrain from any action that could compromise the security and stability of the platform. The end user shall not enter or store any data or content that could damage or compromise the platform, its functions, the content accessible via the platform, or any associated software and systems, servers, other IT infrastructure, or data belonging to BLACKROLL, third parties, or other end users.
In particular, the end user agrees to secure the devices used to access the platform against unauthorized access and to regularly check them for viruses or other malware. Devices suspected of being infected with viruses or similar threats may no longer be used to access the platform.
The platform contains content that is protected by trademark law, copyright law, and other means in favor of BLACKROLL or third parties. Unless expressly permitted by BLACKROLL, the end user is not authorized to use, edit, reproduce, distribute, publicly display, or advertise with this content beyond the contractually agreed-upon purpose. End users may use this content solely in accordance with these Terms of Use and within the framework specified by BLACKROLL on the platform.
Copyright notices, serial numbers, version numbers, trademarks, or other identifying features on the platform (e.g., logos) may under no circumstances be altered or removed by end users.
End users are not permitted to use robots or any other automated means to extract the content or data (in particular, benefits) made available via the platform, to store it in databases, to publish it, to publicly reproduce it, or to make it publicly accessible in any other form, unless this is expressly provided for within the scope of the platform’s functionalities, for example through the provision of a “Share” function. This may also not be done on behalf of third parties and/or on behalf of other end users.
Any use of the platform for unlawful purposes is prohibited. All use must comply with applicable laws, in particular copyright law, competition law, data protection law, and criminal law, as well as agreements with third parties (e.g., regarding confidentiality). This applies in particular to the creation, transmission, and publication of product reviews. In particular, product reviews may only be based on the user’s own actual experiences, must be factually accurate, and must not contain any false factual claims, defamatory criticism, misleading information, advertising, or other impermissible content.
To the extent that BLACKROLL is held liable by third parties due to a violation of these Terms of Use by the end user, the end user agrees to fully indemnify BLACKROLL against all resulting damages, expenses, and other costs upon first request. This indemnification also covers the costs of reasonable legal defense.
Rights of Use
BLACKROLL’s liability for contractual services subject to liability for defects is governed by the statutory provisions, taking into account Section 10.
Furthermore, functional impairments of the platform resulting from the end user’s hardware or software environment, incorrect data, improper use, modifications or adjustments to the platform made by the end user, exceeding the scope of usage rights, or other circumstances within the end user’s sphere of responsibility, unless the end user proves that the defect is independent of these factors.
To enable BLACKROLL to improve and further develop the platform at its own discretion, the end user shall notify BLACKROLL in writing of any defects or malfunctions of the platform, its functions, and the content accessible via the platform.
To the extent that the service is provided free of charge, BLACKROLL assumes no warranty.
Liability for Defects
BLACKROLL’s liability for contractual services subject to liability for defects is governed by the statutory provisions, taking into account Section 10.
Furthermore, functional impairments of the platform resulting from the end user’s hardware or software environment, incorrect data, improper use, modifications or adjustments to the platform by the end user, exceeding the scope of usage rights, or other circumstances within the end user’s sphere of responsibility, unless the end user proves that the defect is independent of these factors.
To enable BLACKROLL to improve and further develop the platform at its own discretion, the end user shall notify BLACKROLL in writing of any defects or malfunctions of the platform, its functions, and the content accessible via the platform.
To the extent that the service is provided free of charge, BLACKROLL assumes no warranty.
Liability, Statute of Limitations
BLACKROLL’s strict liability for damages arising from defects in the platform that already existed at the start of the contract is excluded. In all other respects, BLACKROLL’s liability for damages is governed by law, as modified by the following provisions of this Section 10.
BLACKROLL shall be liable without limitation for damages caused by willful misconduct or gross negligence.
In the event of a breach due to slight negligence of a principal obligation or an ancillary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper performance of the contract and on the observance of which the end user was entitled to rely (hereinafter “material ancillary obligation”), BLACKROLL’s liability is limited to damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract. BLACKROLL shall not be liable for a breach of ancillary obligations committed through slight negligence that do not constitute essential ancillary obligations.
The foregoing exclusions and limitations of liability in this Section 10 do not affect BLACKROLL’s liability for any warranty of quality it has assumed, for fraudulent misrepresentation, for damages resulting from injury to life, body, or health, or for product defects in accordance with the Product Liability Act. This does not entail a shift in the burden of proof to the detriment of the end user.
The foregoing provisions apply mutatis mutandis to the reimbursement of futile expenses. Furthermore, they apply in the same manner to the benefit of BLACKROLL’s legal representatives, executive bodies, employees, and other vicarious agents.
The end user’s claims for damages and reimbursement of futile expenses are subject to a statute of limitations of one (1) year. This does not affect the statutory limitation period for claims against BLACKROLL arising from intentional breaches of duty or in the cases specified in Section 10.4 of these Terms of Use.
Data Protection and Data Security
BLACKROLL processes the end user’s personal data exclusively in accordance with the provisions of applicable data protection law.
Term and Termination
The contractual relationship between BLACKROLL and the end user regarding the use of the platform, which forms the basis of these Terms of Use, is generally for an indefinite term and may be terminated by either BLACKROLL or the end user at any time with 14 days’ notice. The consequences of termination are set forth in Section 8.6.
The right to terminate the contract for cause remains unaffected.
Any termination must be in writing (email) to be effective.
Rights and obligations that, by their nature, continue beyond termination shall be governed by the provisions of these Terms of Use until they expire.
Final Provisions
Revised versions of these Terms of Use will be communicated to the End User in writing (e.g., via an announcement on the platform) and will become part of the contract if the End User expressly agrees to the revised version or fails to expressly object to it in writing to BLACKROLL within one (1) month of receiving notice of the changes. The end user will be informed of the significance of their silence upon notification of the revised version.
Except in the case of the assignment of monetary claims, any assignment or transfer of rights and obligations under these Terms of Use by the End User to third parties requires the prior written consent of BLACKROLL.
Should any individual provisions of these Terms of Use be or become invalid in whole or in part, or should there be a gap in the provisions, the validity of the remaining provisions shall remain unaffected. BLACKROLL and the End User agree to replace or supplement invalid or incomplete provisions with provisions that best correspond to the economic purpose of the contract.
Swiss law applies to the user relationship and all legal relationships between BLACKROLL and the end user arising in connection with the use of the platform, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory rights applicable under the law of the end user’s country of residence remain unaffected by this.
The place of performance is BLACKROLL’s registered office. The place of jurisdiction for all disputes arising from or in connection with these Terms of Use and the legal relationships arising therefrom is BLACKROLL’s registered office. The same applies if the end user does not have a general place of jurisdiction within the country. BLACKROLL may, at its discretion, bring a claim against the end user at any other permissible place of jurisdiction.
The language of the contract is German. Translations into other languages are provided solely for the end user’s information. In the event of any discrepancies between the German text and the translation, the German text shall prevail.
Effective: April 2026