Terms of Service
The following terms govern the use of the FlowNavi platform.
1. Scope
These terms apply to all contracts between Dorel Dumitru - FlowNavi (hereinafter 'Provider') and entrepreneurs within the meaning of § 14 BGB as well as legal entities under public law (hereinafter 'Customers') regarding the use of the Software-as-a-Service platform 'FlowNavi'. Deviating terms of the Customer shall not be recognized unless the Provider expressly agrees to their validity.
2. Services
The Provider operates FlowNavi as a cloud-based Software-as-a-Service (SaaS) solution. The Customer is enabled to use the platform via an internet connection for their own business purposes, as well as to store and process data using the software. Provision takes place on server systems in secure data centers.
3. User Account & Trial Period
Registration for and use of the FlowNavi platform is reserved exclusively for entrepreneurs within the meaning of § 14 BGB and their authorized representatives. To access the platform, the setup of a user account (hereinafter referred to as 'Workspace') is required. After registration, the Customer receives the opportunity to test the platform free of charge for a period of 14 days, unless a different trial period has been agreed upon in individual cases or through specific arrangements. This trial period is non-binding and serves only to test the functions. After the respective trial period has expired, the trial period ends automatically without the need for cancellation and without any further obligations or costs for the Customer. During the trial all features of the Starter plan are available. If the Customer does not take out a subscription by the end of the trial, the workspace is locked. The data is kept for 60 more days; if the Customer subscribes within that time, it continues with all its data. After the 60 days the workspace data is deleted automatically.
4. Conclusion of Contract & Payment Terms
The Customer can conclude a paid subscription at any time within their workspace by selecting a plan. The contract for the selected subscription is concluded as soon as the Customer successfully completes the ordering process by confirming the payment. Prices are based on the price list valid at the time the contract is concluded. Payments are due immediately. Processing is usually handled by the integrated payment service provider; individual agreements (e.g., Enterprise contracts via invoice) remain unaffected by this.
5. Cancellation & Term
The minimum term of a subscription depends on the billing period chosen by the Customer. Subscriptions automatically renew for the same period unless they are cancelled before the end of the current period. Cancellation can be made at any time at the end of the current billing period directly via the customer portal or by email to sales@flownavi.de. When cancelling via email, the workspace name must be provided, and the email must be sent by an authorized representative or from an email address registered with administrator rights in the workspace to prevent misuse. Individual agreements between the Provider and the Customer (e.g., Enterprise contracts) shall take precedence over these terms.
6. No Right of Withdrawal, No Refunds
As our offer is exclusively aimed at entrepreneurs within the meaning of § 14 BGB, there is no statutory right of withdrawal. Refunds for billing periods that have already started are excluded.
7. Liability
The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slight negligence the Provider is liable only for breach of material contractual obligations, i.e. obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely; in that case liability is limited to the foreseeable damage typical for the contract. Liability is otherwise excluded.
8. Availability & Maintenance
The Provider aims for an average annual availability of 99% for the platform. The Customer acknowledges that constant availability cannot be technically guaranteed. Excluded from availability are necessary maintenance windows and disruptions outside the Provider's control (e.g., internet issues, force majeure, or failures of infrastructure partners). The Provider's responsibility ends at the transfer point of the data center used to the internet; the Customer is responsible for their own hardware, software, and internet connection.
9. Customer Obligations & Copyright
The Customer is obliged to keep their access data secret and to ensure that their employees do the same. The Customer is solely responsible for the legal admissibility of the content they upload (e.g., graphics, text, documents) and ensures that no third-party rights are infringed. The Customer shall indemnify the Provider against all third-party claims arising from any unlawful use of the platform by the Customer. Use of the software for competitive purposes (e.g., spying on functions for replication) as well as reverse engineering is prohibited.
10. Support & Service
The Provider provides support for technical questions or issues, primarily via email or the channels provided within the platform during regular business hours. Guaranteed response times (SLAs) are not part of the standard service scope but can be customized for enterprise agreements. To enable rapid processing, the Customer is requested to provide a detailed description when reporting errors. Services beyond standard support (such as individual process consulting or custom feature development) are not part of the subscription and will be handled via separate agreements.
11. Data Usage & Processing
The Customer remains the controller of the personal data it processes via the platform. The Provider processes this data as a processor under Art. 28 GDPR on the basis of a data processing agreement (DPA), which forms part of this contract. The Customer can view, conclude and download it as a PDF in its customer account under “Data processing agreement”. The sub-processors used are listed in the privacy policy. The Provider backs up the Customer's data daily according to the state of the art; database backups are deleted after 30 days. After the contract ends the Customer may export its data for 60 days; it is then deleted automatically unless statutory retention obligations apply. Processing particularly sensitive data (e.g. health data under Art. 9 GDPR) via the platform is prohibited.
12. Amendments to Terms & Services
The Provider reserves the right to adapt these General Terms and Conditions as well as the scope of services of the platform with effect for the future, provided there are objective reasons for doing so and the interests of the Customers are appropriately considered.
Contact
Dorel Dumitru - FlowNavi
Gouleystrasse 114, 52146 Würselen
E-Mail: support@flownavi.de