These Terms of Use apply to use of the infrastructure provided via bunsenbrenner.org (the "Service"): an end-to-end-encrypted tunnel and agent-relay infrastructure ("CADS-Tunnel"), operated by Martin Becke (see Legal Notice).
For new users, these Terms of Use only take effect upon express consent given during registration (implemented as a mandatory step in the registration flow); without this consent, no usage relationship is established. Item 9 applies to existing users.
The Service is operated as part of a research/demonstration project. No paid consumer contracts are currently entered into via the platform. Should paid use be introduced in the future, these Terms will be updated accordingly before introduction (in particular to add pricing and a consumer right of withdrawal pursuant to §§ 355 et seq. BGB (German Civil Code)).
The operator provides solely the technical tunnel/relay infrastructure. The system is designed as a zero-knowledge tunnel: the operator has no technical means of inspecting content transmitted via the platform. The operator is a service provider within the meaning of §§ 7–10 TMG/DDG (German Telemedia Act / Digital Services Act — conduit/hosting of third-party content) and does not adopt as its own the content, services, and workflow pipelines that users provide via the platform.
Classification under Regulation (EU) 2022/2065 (Digital Services Act, "DSA"): the operator is a provider of an intermediary service within the meaning of Art. 3(g) DSA — due to the end-to-end encryption and the absence of any storage or inspection of transmitted content, primarily as a pure conduit ("mere conduit", Art. 4 DSA), and in the alternative as a hosting service provider (Art. 6 DSA). The operator is neither an intermediary nor a broker of the user services offered via the platform and in particular does not operate an online marketplace or online platform within the meaning of Art. 3(i) DSA: dissemination of content to the public occurs exclusively through the respective user service itself, not via any interface of the operator's own. As a sole proprietor and micro-enterprise within the meaning of Recommendation 2003/361/EC, the operator — even under the alternative classification as a hosting provider or online platform — is not subject to the additional obligations for online platforms (Art. 19–28 DSA, in particular Art. 20 internal complaint-handling) or to the transparency reporting obligation (Art. 15(2) DSA). This does not affect the baseline obligations under Art. 9–14 DSA that apply to all intermediary services regardless of company size (see item 7).
The Service provides solely a secure, end-to-end-encrypted access path to the single service endpoint the user has deliberately exposed (the "user service") — nothing more and nothing less. In particular:
Every user who provides or operates their own workflow pipeline, their own agent, or their own service reachable via the platform (a "user service") is:
The user indemnifies the operator against all third-party claims asserted against the operator arising from the user's own user service provided via the platform, including reasonable costs of a necessary legal defense. This does not apply to the extent the user is not responsible for the underlying legal violation.
Use of the Service to disseminate unlawful content, to infringe the rights of third parties, or for other unlawful purposes is prohibited. The operator reserves the right to block access upon becoming aware of concrete legal violations; § 7(2) TMG/DDG remains unaffected.
No automated content moderation: due to the end-to-end encryption, it is technically not possible for the operator to scan, filter, or review transmitted content, whether automatically or manually. Every moderation decision is made exclusively by a human (the operator), triggered by an external report under this item or by an order from an authority or court (Art. 9 DSA). Because the operator can neither view nor selectively remove the specific content, any measure is technically necessarily limited to the level of the tunnel or account (blocking or termination of the affected access), not the removal of individual content items.
Reporting procedure for unlawful content: reports of content or services suspected to be unlawful and provided via the platform can be submitted at any time, informally, by email to scimbe@gmail.com (subject: "Report of unlawful content") and should include the affected hostname/tunnel and a justification. Every report is reviewed on objective criteria and without undue delay. If a report results in a tunnel or account being blocked, the affected user receives — to the extent legally permissible — a brief justification and may object via the same contact channel; the operator reviews the objection again. This contact point also serves as the point of contact for authorities and users within the meaning of Art. 11, 12 DSA.
The operator is liable without limitation for intent and gross negligence, and under the Product Liability Act. Otherwise, the operator is liable only for breach of material contractual obligations (cardinal obligations) and limited to the foreseeable, contract-typical damage. The Service is provided in a research/demo context without any warranty of a specific level of availability.
The operator may amend these Terms with effect for the future; material changes will be communicated in an appropriate manner.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent legally permissible, the operator's place of business is the venue.