General Terms and Conditions

1. Scope of application

1.1 Area of application

These General Terms and Conditions (hereinafter “Terms”) govern all contractual relationships between User Flow LT UG (haftungsbeschränkt) i.G. (hereinafter “User Flow”, “we”, “us” or “our”) and its Users regarding the use of the domain user-flow.de, the web-based application app.user-flow.de and all software solutions, functions, modules and other digital services offered by User Flow.

These Terms apply irrespective of whether the Platform is used via a desktop computer, a notebook, a tablet, a smartphone or any other internet-enabled device.

They likewise apply irrespective of the country from which the services of User Flow are accessed.

1.2 Entrepreneurs

The services of User Flow are directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) as well as at persons who, when concluding the contract, are acting in the exercise of their commercial, freelance or other independent professional activity.

The conclusion of a contract with consumers within the meaning of § 13 BGB is excluded.

By concluding the contract, the User confirms that they use the services of User Flow exclusively within the scope of a commercial or independent professional activity.

1.3 Scope of application for future services

These Terms also apply to functions, modules, integrations, additional services and other extensions of the Platform provided by User Flow in the future, to the extent that no separate contractual terms are agreed for them.

Supplementary terms may apply to individual services, programmes or additional offerings. To the extent that such terms are effectively incorporated, they take precedence over these Terms for the respective area of service.

1.4 Contract language

These Terms are provided in German and in English.

In the event of deviations, contradictions or differences in interpretation between the various language versions, the German version alone shall be authoritative.

1.5 Place of jurisdiction and applicable law

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of User Flow.

2. Definitions

For ease of understanding, the following terms are used consistently throughout these Terms.

Where personal designations are used in the masculine form only, this serves solely to improve readability. Such designations refer equally to persons of all genders.

2.1 User Flow

“User Flow” means the software platform operated by User Flow LT UG (haftungsbeschränkt) i.G., including the company website at user-flow.de, the web-based application at app.user-flow.de and all associated functions, modules, integrations and other digital services.

2.2 User

“User” means any natural or legal person who has concluded a contract with User Flow or who is entitled to use the services of User Flow under an existing contract.

Depending on their permissions, Users may in particular act as an Agency or as a Chatter within the Platform.

2.3 Agency

“Agency” means the contractual partner of User Flow who manages one or more Creators within the Platform and who may grant authorised persons access rights to individual functions or areas of the Platform.

The Agency is responsible for the administration of its user account as well as of the Users and permissions it has set up.

2.4 Creator

“Creator” means the natural or legal person whose account on a Supported Third-Party Platform is managed within User Flow.

A Creator may manage their own Supported Third-Party Platform account or transfer its management in whole or in part to an Agency.

2.5 Chatter

“Chatter” means a person authorised by an Agency who performs communication tasks or other activities within User Flow in accordance with the permissions granted to them.

Chatters act exclusively within the scope of the rights granted to them by the respective Agency.

2.6 Fan

“Fan” means a user of a Supported Third-Party Platform with whom a Creator or an authorised Chatter communicates or interacts within the Platform.

Fans are not contractual partners of User Flow.

2.7 Supported Third-Party Platforms

“Supported Third-Party Platforms” means external online platforms that are operated by independent third parties and that can be connected to User Flow.

User Flow is neither the operator nor the provider of these third-party platforms.

Which third-party platforms are supported is determined exclusively by User Flow.

The range of functions available within User Flow may differ depending on the respective Supported Third-Party Platform.

2.8 Platform

“Platform” means the cloud-based software solution provided by User Flow, including all functions, modules, integrations and extensions.

2.9 Add-On Modules

“Add-On Modules” means optional functions or service components that may be provided independently of the respective base plan or within the scope of special activations, beta versions or separate agreements.

A claim to the provision of specific Add-On Modules exists only to the extent that this has been expressly agreed.

3. Subject matter of the contract

3.1 Subject of the services

User Flow provides a cloud-based software platform under the Software-as-a-Service model (SaaS).

The Platform serves in particular to support commercial workflows by providing digital tools for the administration, organisation, communication, analysis, automation and optimisation of business processes.

The specific range of functions depends on the services provided in each case as well as on the functions booked or activated by the User.

3.2 Scope of services

The Platform may in particular provide functions and tools for:

• the administration of user accounts and permissions
• the connection of Supported Third-Party Platforms
• the administration of Creator accounts
• the organisation and administration of communication processes
• the provision of CRM functions
• the provision of analysis, reporting and statistics functions
• the provision of activity and time-tracking functions
• the provision of automation functions
• the administration of digital content
• the collaboration of several authorised Users within one organisation
• as well as further digital functions supporting commercial workflows.

This list is not exhaustive.

3.3 Supported Third-Party Platforms

To the extent that functions of User Flow require the connection of Supported Third-Party Platforms, their use takes place exclusively within the scope of the technical possibilities made available by the respective third-party platform.

Not every Supported Third-Party Platform offers the same range of functions.

The scope of services available within User Flow may therefore differ depending on the third-party platform connected in each case.

3.4 Cross-platform functions

User Flow may provide functions that allow information, content or communication processes from several Supported Third-Party Platforms to be jointly displayed, organised or administered within a single user interface.

Where Users are able to carry out corresponding allocations, links or consolidations of data, this takes place exclusively at their instigation and under their responsibility.

3.5 Further development of the Platform

User Flow continuously develops the Platform further.

User Flow is entitled to extend, adapt, replace or discontinue functions, modules, user interfaces or technical processes, provided that this does not impair the essential purpose of the contract or that the change is reasonable for the User taking into account the interests of both contracting parties.

A claim to the permanent provision of specific functions, integrations or technical implementations exists only to the extent that this has been expressly agreed.

3.6 Public information and announcements

Public information about planned functions, product developments, roadmaps, announcements, previews or comparable communications does not establish any claim to the provision of specific functions, modules or services.

This applies irrespective of the communication channel through which such information is published or made available.

4. Scope of services and changes to services

4.1 Provision of the Platform

User Flow provides the User with the services contractually agreed in each case within the Platform.

The specific scope of services depends in particular on the selected plan, the activated functions, the booked Add-On Modules, the Supported Third-Party Platforms and the applicable technical requirements.

A claim to the provision of services exists exclusively to the contractually agreed extent.

4.2 Differing ranges of functions

Not all functions are available to every User or for every Supported Third-Party Platform to the same extent.

The scope of services may differ in particular on the basis of the following:

• the selected plan
• booked Add-On Modules
• activated functions
• Supported Third-Party Platforms
• regional or technical circumstances
• statutory requirements
• or other objective reasons.

4.3 Changes to services

User Flow is entitled to develop the scope of services of the Platform further in a reasonable manner.

To this end, User Flow may in particular

• extend existing functions
• adapt functions technically or in terms of design
• replace functions
• add new functions
• temporarily restrict functions
• or discontinue individual functions

provided that

• there is an objective reason for doing so
• the essential purpose of the contract is preserved
• and the interests of the Users are appropriately taken into account.

4.4 Technical further developments

In order to ensure secure, economical and up-to-date operation of the Platform, User Flow is entitled to make technical changes to the Platform, its infrastructure, its integrations and the supported interfaces.

This does not give rise to any claim to the retention of a particular technical implementation or user interface.

4.5 No claim to future functions

Where User Flow develops or announces new functions, integrations, Add-On Modules or other extensions, this does not give rise to any claim by the User to their subsequent provision or permanent availability.

This applies irrespective of the form in which such information is published or communicated.

5. Registration and conclusion of the contract

5.1 Registration

Use of the Platform generally requires the creation of a user account.

Registration is permitted exclusively to entrepreneurs within the meaning of § 14 BGB.

The User is obliged to provide all information requested during registration completely, truthfully and in an up-to-date form.

The User must update any changes to the information provided without undue delay, to the extent that such information is relevant to the contractual relationship.

5.2 Conclusion of the contract

By completing the registration process, the User submits an offer to conclude a usage agreement with User Flow.

The contract is concluded only upon activation of the user account, express acceptance by User Flow or the initial provision of the contractually agreed services.

There is no claim to the conclusion of a contract.

5.3 Consent to the contractual terms

Before completing registration, the User must take note of and expressly consent to the applicable General Terms and Conditions as well as the privacy policy.

User Flow is entitled to document the time, version and technical information of such consent, to the extent that this is necessary to evidence the conclusion of the contract or to comply with statutory obligations.

5.4 Refusal of registration

User Flow is entitled to refuse registrations or the conclusion of contracts where there is a legitimate reason for doing so.

A legitimate reason exists in particular where

• statutory provisions preclude it
• there are justified indications of abusive or unlawful use
• false or incomplete information has been provided
• or legitimate interests of User Flow preclude registration.

There is no obligation to give reasons for the refusal, unless statutory provisions require otherwise.

5.5 Multiple user accounts

To the extent that User Flow provides corresponding functions, further authorised Users may be created or invited within a user account.

The contract with User Flow exists exclusively with the respective contractual partner.

The contractual partner is responsible for all Users set up within its user account as well as for their permissions.

5.6 Access requirements

The User is responsible for creating the technical requirements for using the Platform at their own expense and for maintaining them for the duration of the contract.

These include in particular a suitable internet connection, an up-to-date web browser and, where applicable, further technical requirements announced by User Flow.

6. User account, roles and permissions

6.1 User account

The User is obliged to keep their user account and all access credentials safe and to protect them against unauthorised access by third parties.

Disclosing personal access credentials to unauthorised third parties is not permitted.

If there is any suspicion that access credentials have been used without authorisation or have become known to third parties, the User must prevent this without undue delay by taking suitable measures and must inform User Flow accordingly.

6.2 Responsibility for the user account

The contractual partner is responsible for all activities carried out via its user account or via the user accounts it has set up, to the extent that these are attributable to its sphere of responsibility.

This applies in particular to the assignment of permissions, the administration of Users and the use of the functions provided within the user account.

6.3 Roles and permissions

User Flow may provide different role, rights and permission concepts within the Platform.

Within the scope of the available functions, the contractual partner decides on its own responsibility which persons are granted which access or usage rights.

The contractual partner is obliged to assign permissions carefully and to review them regularly.

6.4 Invited Users

Where the contractual partner invites further Users to use the Platform or grants them access to individual areas, it does so at its own responsibility.

The contractual partner shall ensure that all Users set up by it comply with these Terms.

Actions of these Users are attributed to the contractual partner in its relationship with User Flow, to the extent permitted by law.

6.5 Responsibility for permissions

User Flow assumes no responsibility for the roles, permissions or authorisations set up by the contractual partner.

In particular, User Flow is not liable for damage, data loss or other consequences arising from Users having been granted incorrect or excessively broad permissions.

6.6 Security measures

User Flow is entitled to introduce or adapt appropriate technical and organisational security measures to protect the Platform and its Users.

These may include in particular security prompts, identity checks, access restrictions, authentication procedures or comparable security mechanisms.

There is no claim to specific security procedures.

7. Obligations of the User and permitted use

7.1 Use at the User’s own responsibility

The User is obliged to use the Platform exclusively within the framework of applicable law, these Terms and the respective applicable terms of Supported Third-Party Platforms.

The User bears sole responsibility for all content, data, messages, automations, settings, links and other actions carried out via User Flow within their sphere of responsibility.

7.2 Responsibility for content

The User shall ensure that all content provided, stored, processed or used by them via the Platform is lawful and does not infringe the rights of third parties.

This applies in particular to messages, texts, images, videos, documents, templates, automations, scripts and other digital content.

If the User publishes, transmits or shows content from the Platform to third parties, they are themselves responsible for ensuring that no personal data, confidential information or other content worthy of protection is disclosed without authorisation.

The User is obliged to review content on their own responsibility before passing it on or publishing it. User Flow assumes no liability or responsibility for disclosures resulting from a publication or transfer of Platform content initiated by the User.

7.3 Compliance with statutory and contractual requirements

The User is obliged to comply, on their own responsibility, with all statutory provisions relevant to their use as well as with the terms of use, guidelines and other requirements of the respective Supported Third-Party Platforms.

User Flow does not review whether the use of the Platform is compatible with the statutory or contractual requirements applicable to the User in an individual case.

7.4 Prohibited use

The User is in particular prohibited from

• using the Platform for unlawful purposes
• infringing the rights of third parties
• circumventing technical protection measures
• impairing or circumventing security mechanisms
• providing or distributing malware or other harmful content
• manipulating the Platform or impairing its functionality
• carrying out automated attacks or other abusive access to the Platform
• using functions outside their intended purpose
• passing on access credentials without authorisation
• using third-party user accounts or third-party platform accounts without authorisation
• or carrying out any other actions capable of impairing User Flow, other Users or third parties.

This list is not exhaustive.

7.5 Responsibility for third-party platform accounts

The User is solely responsible for ensuring that all accounts on Supported Third-Party Platforms connected to User Flow are used lawfully and that they hold the rights required to do so.

In particular, the User bears responsibility for the linking, administration and, where applicable, the consolidation of accounts on Supported Third-Party Platforms.

7.6 Indemnification

The User shall indemnify User Flow against all third-party claims asserted on the basis of unlawful use of the Platform for which the User is responsible, a breach of these Terms, or the infringement of statutory provisions or third-party rights.

The indemnification also covers the reasonable costs of legal defence, to the extent that the User is responsible for the claims asserted.

8. Supported Third-Party Platforms

8.1 Principle

User Flow may provide functions that enable the connection or use of Supported Third-Party Platforms.

Support for a third-party platform is provided exclusively within the scope of the technical, legal and economic possibilities available in each case.

There is no claim to the connection or permanent support of specific third-party platforms unless this has been expressly agreed.

8.2 Independence of the third-party platforms

Supported Third-Party Platforms are operated exclusively by independent third parties.

User Flow is neither the operator, the provider nor a contractual partner of these third-party platforms.

The use of Supported Third-Party Platforms is governed exclusively by their respective terms of use, privacy provisions and other rules.

8.3 Changes made by third-party platforms

User Flow has no influence on technical, organisational or legal changes made by Supported Third-Party Platforms.

In particular, User Flow assumes no responsibility for

• changes to interfaces or technical functions
• restrictions on or the discontinuation of individual functions
• changes to the terms of use
• technical faults or outages
• account suspensions or other measures taken by the respective third-party platform
• or the complete discontinuation of a Supported Third-Party Platform.

8.4 Adaptations of the Platform

Where changes to Supported Third-Party Platforms make adaptations within User Flow necessary, User Flow will endeavour, within reason, to adapt or restore the affected functions.

However, there is no claim to a particular adaptation, a particular period of time or the permanent restoration of individual functions.

8.5 Discontinuation of support

User Flow is entitled to discontinue support for individual third-party platforms in whole or in part where there is an objective reason for doing so.

An objective reason exists in particular where

• technical or legal prerequisites cease to apply
• economically reasonable support is no longer possible
• requirements of the respective third-party platform preclude it
• or overriding legitimate interests of User Flow or of the respective third-party platform require it.

8.6 Responsibility of the User

The User is themselves responsible for

• connecting only those accounts they are entitled to use
• complying with all requirements of the respective third-party platform
• and ensuring the proper use of their accounts.

Responsibility for the allocation, linking or consolidation of accounts on Supported Third-Party Platforms lies exclusively with the User.

9. Use of the Platform

9.1 Right of use

For the duration of the respective contractual relationship, User Flow grants the User the simple, non-exclusive, non-transferable and non-sublicensable right to use the Platform to the contractually agreed extent for their own commercial purposes.

No rights of use beyond this are granted.

9.2 Use in accordance with the contract

Use of the Platform is permitted exclusively within the scope of the agreed services and in accordance with these Terms.

The User must use the Platform carefully and in accordance with its intended purpose.

9.3 No transfer of rights

The use of the Platform or of individual functions does not transfer to the User any rights whatsoever in the software, the source code, the underlying technologies, trade marks, designs, databases or other components of User Flow.

All rights remain with User Flow or with the respective rights holders.

9.4 Usage restrictions

Unless mandatorily permitted by law or expressly permitted by User Flow, the User is in particular prohibited from

• reproducing, selling, renting, lending or otherwise making the Platform or parts of it available to third parties
• reverse engineering, decompiling or otherwise technically analysing the Platform or individual functions
• circumventing technical protection measures or security mechanisms
• carrying out automated access outside the functions provided for by User Flow
• using the Platform to develop or operate a substantially comparable product or service
• or removing or altering property rights notices, copyright notices or other markings.

Mandatory statutory rights, in particular under §§ 69d and 69e of the German Copyright Act (UrhG), remain unaffected.

9.5 Temporary restrictions

The use of individual functions may be temporarily restricted, in particular due to maintenance work, security measures, technical further developments, statutory requirements or other objective reasons.

This does not give rise to any claim to damages, reduction of fees or the permanent provision of individual functions, unless mandatory statutory provisions require otherwise.

10. Beta versions and test functions

10.1 Provision of beta versions

User Flow may provide individual functions, modules, integrations or other components of the Platform as beta versions, test functions, early-access versions or comparable pre-release versions.

Such provision is voluntary and does not establish any claim to permanent provision or further development.

10.2 Particularities of beta versions

Beta versions serve in particular to trial new or further developed functions.

They may in particular

• be incomplete
• contain errors or technical limitations
• be subject to change
• be temporarily unavailable
• or be extended, adapted or discontinued at any time.

10.3 Changes and discontinuation

User Flow is entitled to change, restrict, replace or discontinue beta versions in whole or in part at any time.

There is no claim to the unchanged or permanent provision of individual beta functions.

10.4 Feedback

Users may voluntarily provide User Flow with notes, error reports, suggestions for improvement or other feedback on beta versions.

To the extent permitted by law, User Flow is entitled to use such feedback free of charge for the further development of the Platform.

There is no claim to the implementation of individual suggestions.

10.5 Precedence of special terms

Where supplementary terms apply to individual beta versions or test programmes, these take precedence over the provisions of this section for the respective area of application.

11. Availability, maintenance and technical restrictions

11.1 Availability of the Platform

User Flow endeavours to provide the Platform with as few interruptions as possible within the scope of what is technically and operationally feasible.

However, there is no claim to a Platform that is uninterrupted, error-free or available without restriction at all times.

11.2 Maintenance work

User Flow is entitled to carry out maintenance work, security updates, technical adaptations and other measures required for the secure, proper or economical operation of the Platform.

Where possible, plannable maintenance work is carried out taking into account the legitimate interests of the Users.

11.3 Technical restrictions

Temporary restrictions or interruptions of the Platform may arise in particular from

• maintenance work
• security measures
• technical faults
• outages of communication networks
• outages or restrictions of Supported Third-Party Platforms
• force majeure
• statutory or official orders
• or other circumstances beyond the control of User Flow.

This does not give rise to any claim to a particular level of availability or to the permanent provision of individual functions.

11.4 Security measures

User Flow is entitled to take measures serving to protect the Platform, the Users, data processing or the technical infrastructure.

This may in particular require temporary restrictions of individual functions or access.

11.5 Further development of the technical infrastructure

User Flow is entitled to further develop or replace technical systems, server structures, security mechanisms, hosting environments and other components of the technical infrastructure at any time, provided that this does not impair the essential purpose of the contract.

There is no claim to the continued existence of a particular technical implementation or infrastructure.

12. Plans, fees and payment terms

12.1 Plans and service models

User Flow may offer different plans, service models and forms of remuneration.

These may in particular include free services, paid subscriptions, Add-On Modules, usage-based remuneration models, commission-based remuneration or individually agreed services.

The applicable scope of services and the fees owed for it result from the offer valid at the time the contract is concluded or from the respective service description.

12.2 Referral, affiliate and partner programmes

User Flow may offer referral, affiliate or other partner programmes.

The nature, scope and prerequisites of such programmes as well as any remuneration, discounts or other benefits are governed by the supplementary terms applicable to them in each case.

There is no claim to the introduction, continuation or unchanged design of such programmes.

12.3 Payment methods

Payment is made via the payment methods or payment service providers offered by User Flow.

User Flow is entitled to change the payment methods or payment service providers offered at any time, or to provide further payment options, provided that this is reasonable for the User.

12.4 Due date

Unless otherwise agreed, agreed fees are due for payment in advance in each case.

In the case of usage-based or commission-based remuneration models, the due date is governed by the supplementary terms or individual agreements applicable to them.

12.5 Change of plan

A change between different plans or service models is generally possible only at the end of the respective contract term, unless User Flow offers otherwise.

A change of plan may alter the available scope of services.

12.6 Changes to services upon a change of plan

If the User switches to a plan with a smaller scope of services, or if the entitlement to use individual functions or Add-On Modules ends, certain functions, content, integrations or data may be available only to a limited extent or no longer available at all.

Statutory retention obligations and expressly agreed rights of the User remain unaffected by this.

12.7 Price changes

User Flow is entitled to adjust prices and fees appropriately for future contract periods.

Price changes do not affect contract periods that have already been paid for in full.

The User will be informed of price changes within a reasonable period before they take effect.

12.8 Default of payment

If the User is in default with payments due, User Flow is entitled, following a prior reminder and the fruitless expiry of a reasonable grace period, to temporarily restrict individual services or to block access to the Platform in whole or in part until the outstanding claims have been settled in full.

Further statutory or contractual rights of User Flow remain unaffected.

12.9 Refunds

Unless mandatorily prescribed by law or expressly agreed between the contracting parties, there is no claim to a full or pro-rata refund of fees already paid.

This applies in particular in the event of

• an ordinary termination during the current contract term
• a justified suspension or extraordinary termination by User Flow due to conduct for which the User is responsible
• or non-use of the Platform by the User.

Where services, functions or Supported Third-Party Platforms cease permanently, or where the scope of services changes substantially for other reasons, User Flow decides on any refunds, credits or other compensatory measures taking into account the circumstances of the individual case.

Mandatory statutory claims of the User remain unaffected.

13. Term, termination and suspension

13.1 Contract term

The term of the contract is governed by the plan agreed in each case or by the individual agreement between User Flow and the User.

Unless otherwise agreed, the contract is extended by the agreed term in each case unless it is terminated in due time.

13.2 Ordinary termination

The User may terminate the contract at the end of the respective contract term, observing the notice period applicable to the respective plan.

Termination may be effected via the functions provided for this purpose within the Platform or in text form, unless User Flow provides for a different arrangement.

13.3 Extraordinary termination

The right of both contracting parties to extraordinary termination for good cause remains unaffected.

Good cause exists for User Flow in particular where

• the User seriously or repeatedly breaches these Terms
• statutory provisions are infringed
• the Platform is used abusively or unlawfully
• payments due are not made despite a reminder and a reasonable grace period
• legitimate interests of User Flow or of third parties are substantially impaired
• or continuation of the contractual relationship until the end of the regular term is unreasonable.

This list is not exhaustive.

13.4 Suspension of the user account

User Flow is entitled to temporarily suspend user accounts or individual functions in whole or in part where this appears necessary in order to

• eliminate security risks
• comply with statutory obligations
• prevent significant breaches of these Terms
• protect the rights of third parties
• enforce outstanding payment arrears
• or ensure the proper operation of the Platform.

Where circumstances permit, the User will be informed of the essential reasons before a suspension or without undue delay thereafter.

13.5 Consequences of termination of the contract

Upon termination of the contract, the User’s right to use the Platform ends as a matter of principle.

User Flow is entitled to deactivate access to the Platform and to the services provided through it.

Statutory retention obligations and statutory rights of the User remain unaffected by this.

13.6 Restoration following suspension

Where the reason for a temporary suspension ceases to apply, User Flow may reactivate access after reviewing the individual case.

The User has no claim to the restoration of access.

14. Support and administrator access

14.1 Support services

User Flow may make support available to Users within the scope of the services offered.

The nature, scope, availability and response times of support services are governed by the plan agreed in each case, the services offered or separate agreements.

There is no claim to particular response or processing times unless this has been expressly agreed.

14.2 Duties to cooperate

The User is obliged to provide User Flow with reasonable support in processing support requests.

This includes in particular providing the information required for error analysis, to the extent that this is reasonable for the User.

14.3 Administrator access

Where necessary for processing support requests, for error analysis, for remedying technical faults, for ensuring IT security or for fulfilling statutory obligations, User Flow is entitled to access user accounts or individual areas of the Platform.

Such access takes place exclusively to the extent necessary and in compliance with the applicable data protection provisions.

14.4 No general monitoring obligation

User Flow is not obliged to continuously monitor all User activities, content or data, or to review them for lawfulness.

Statutory obligations to review or remove unlawful content remain unaffected by this.

14.5 Protective measures

If, in the course of support services or administrator access, User Flow identifies significant security risks, serious technical errors or obvious breaches of statutory provisions or of these Terms, User Flow is entitled to take the measures necessary to avert the danger.

These may in particular include temporary restrictions of individual functions or access.

15. Liability

15.1 Unlimited liability

User Flow is liable without limitation

• in cases of intent and gross negligence
• for damage arising from injury to life, limb or health
• under the provisions of the German Product Liability Act (Produkthaftungsgesetz)
• and in other cases of mandatory statutory liability.

15.2 Liability in cases of ordinary negligence

In cases of ordinary negligence, User Flow is liable only for the breach of a material contractual obligation.

Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.

In such cases, the liability of User Flow is limited to the foreseeable damage typical for this type of contract.

15.3 Exclusions and limitations of liability

To the extent permitted by law and unless otherwise provided in these Terms, User Flow is in particular not liable for

• lost profit
• indirect damage
• consequential damage
• savings not realised
• revenue or business opportunities not realised
• reputational damage
• data loss, to the extent that it could have been avoided by reasonable data backups on the part of the User
• restrictions or outages of Supported Third-Party Platforms
• changes to the technical or legal framework of Supported Third-Party Platforms
• measures, suspensions or other decisions of Supported Third-Party Platforms
• incorrect, incomplete or belatedly transmitted data from Supported Third-Party Platforms
• content, data, messages, automations or other actions of the User or of the Users set up by them
• and other circumstances beyond the control of User Flow.

15.4 Third-party platforms

User Flow assumes no liability for services, content, data, availability or decisions of Supported Third-Party Platforms.

This applies in particular where functions of User Flow are impaired or cease to be available due to changes, restrictions, suspensions or the discontinuation of a Supported Third-Party Platform.

Where User Flow makes adaptations in response to such changes, this takes place within the scope of what is technically, legally and economically feasible. There is no claim to a particular adaptation or to the restoration of individual functions.

15.5 Force majeure

User Flow is not liable for the non-performance or delayed performance of contractual obligations where this is due to events beyond the reasonable control of User Flow that could not have been prevented even by exercising reasonable care.

These include in particular

• natural disasters
• war, terrorism or comparable events
• pandemics or epidemics
• strikes or lawful industrial action
• official orders
• widespread outages of telecommunications or energy supply networks
• cyber attacks
• and other cases of force majeure.

As soon as the event of force majeure ends, User Flow will resume performance of the contractual services without undue delay within the scope of what is technically and economically feasible.

15.6 Indemnification

The User shall indemnify User Flow against all third-party claims asserted on the basis of unlawful use of the Platform for which the User is responsible, a breach of these Terms, a breach of statutory provisions or an infringement of third-party rights.

The indemnification also covers the reasonable costs of legal defence, to the extent that the User is responsible for the claims asserted.

16. Intellectual property and rights of use

16.1 Intellectual property rights

All rights in the Platform and its components belong exclusively to User Flow or to the respective rights holders.

This applies in particular to

• the software
• the source code
• the databases
• the user interface
• the design
• the trade marks
• logos
• graphics
• texts
• documentation
• concepts
• workflows
• and all other components of the Platform protected by copyright or industrial property rights.

16.2 No transfer of rights

Unless otherwise provided in these Terms or in a separate agreement, no rights in the protected subject matter listed in section 16.1 are transferred to the User.

In particular, the User does not acquire any ownership, copyright, trade mark or other intellectual property rights in the Platform.

16.3 Impermissible use

The User is in particular prohibited from

• infringing intellectual property rights of User Flow or of third parties
• removing or altering markings or protective notices
• replicating or commercially exploiting the Platform or essential parts of it
• or otherwise impairing the intellectual property rights of User Flow.

Mandatory statutory rights remain unaffected.

16.4 Trade marks

The designation “User Flow”, company identifiers, logos and other trade marks and identifiers of User Flow may be used only with the prior express consent of User Flow, unless such use is permitted by law.

16.5 Feedback

If the User voluntarily provides User Flow with ideas, suggestions for improvement, error reports, feature requests or other feedback, User Flow is entitled to use these free of charge and without limitation in time, territory or content for the further development, improvement or marketing of the Platform.

There is no claim to remuneration or to the implementation of individual suggestions.

17. Data protection

17.1 Processing of personal data

User Flow processes personal data in connection with the provision of the Platform in accordance with the applicable data protection laws and with the privacy policy as amended from time to time.

The privacy policy forms part of the information about data processing, but does not form part of these Terms.

17.2 Processing on behalf of the User

Where User Flow processes personal data on behalf of the User and the statutory prerequisites for this are met, the contracting parties shall conclude a separate data processing agreement pursuant to Article 28 GDPR, upon request or via the functions provided for this purpose.

17.3 Responsibility of the User

The User remains responsible for the lawfulness of the personal data processed by them via the Platform and for compliance with the data protection obligations incumbent upon them, unless User Flow is itself the controller by operation of law.

17.4 Cooperation on data protection matters

The User is obliged to inform User Flow without undue delay if they become aware of data protection breaches, security incidents or other circumstances relevant under data protection law in connection with the use of the Platform, to the extent that these may affect User Flow.

18. Amendments to these Terms

18.1 Right to amend

User Flow is entitled to amend or supplement these Terms with effect for the future, provided that there is an objective reason for doing so and that the User is not unreasonably disadvantaged as a result.

An objective reason exists in particular where

• statutory or official requirements make this necessary
• case law changes
• new technical or security-related requirements arise
• the Platform or individual services are developed further
• new functions, modules or service models are introduced
• or other legitimate interests of User Flow make an adjustment necessary.

This list is not exhaustive.

18.2 Information about amendments

Amendments to these Terms will be communicated to the User in a suitable manner.

Such information may be provided in particular within the Platform, by email or via other communication channels used by User Flow for contractual communication.

18.3 Application of amended Terms

To the extent permitted by law, amended Terms apply to future contractual relationships or future contract periods.

Further statutory requirements for the incorporation of amended contractual terms remain unaffected.

19. Confidentiality

19.1 Confidential information

The contracting parties undertake to treat confidential information of the other contracting party as confidential and to use it exclusively for the performance of the contractual relationship.

Confidential information means all information not publicly known, whether of a commercial, technical, organisational, economic or other nature, which by its nature is to be regarded as confidential or which is expressly designated as confidential.

19.2 Duties of protection

The contracting parties shall protect confidential information against unauthorised access by third parties and shall make it accessible only to those persons who require this information for the performance of the contractual relationship.

The User is in particular obliged to treat access credentials, internal Platform information, non-public functionalities and security-related information as confidential.

19.3 Exceptions

The obligation of confidentiality does not apply to information

• which was already lawfully known to the receiving contracting party
• which is generally known or becomes generally known without a breach of these Terms
• which has been lawfully disclosed by a third party
• which has been developed independently and without the use of confidential information
• or the disclosure of which is required by law, by an authority or by a court.

19.4 Legally required disclosure

If a contracting party is required by law, by an authority or by a court to disclose confidential information, it may disclose such information to the extent necessary.

To the extent legally permissible and reasonable, it shall inform the other contracting party of this in advance.

19.5 Continued application

The obligations under this section continue to apply after the end of the contractual relationship, for as long as and to the extent that a legitimate interest in confidentiality exists.

20. Communication and notices

20.1 Contract-related notices

Unless otherwise provided in these Terms or by law, User Flow may transmit contract-related notices to the User in a suitable form.

These include in particular information about

• changes to the Platform
• maintenance work
• security measures
• amendments to these Terms
• price or plan changes
• notices relevant to the contract
• and other notices concerning the contractual relationship.

20.2 Communication channels

Notices may be given in particular via the following channels:

• within the Platform
• by email
• or via other communication channels provided by User Flow for contractual communication.

User Flow is entitled to change or supplement suitable communication channels in the future, provided that this is reasonable for the User.

20.3 Currency of contact details

The User is obliged to keep the contact details stored in their user account up to date.

Any disadvantages arising from the User storing incorrect or outdated contact details, or from failing to notify changes in good time, shall be borne by the User.

21. Final provisions

21.1 Applicable law

All contractual relationships between User Flow and the User are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

21.2 Place of jurisdiction

To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of User Flow.

21.3 Legal succession

User Flow is entitled to transfer rights and obligations arising from the contractual relationship in whole or in part to a company affiliated with User Flow or to a legal successor, provided that the legitimate interests of the User are not unreasonably impaired as a result.

21.4 Severability

Should individual provisions of these Terms be wholly or partially invalid or not have become part of the contract, the validity of the remaining provisions shall remain unaffected.

To the extent that provisions are invalid or have not become part of the contract, the content of the contract shall be governed by the statutory provisions.

21.5 Entry into force

These General Terms and Conditions apply from the time of their effective incorporation into the respective contractual relationship.

22. Version of these Terms

As at: 07/2026

Version: 1.02