Terms and Conditions

The services offered via the domain "heyflow.app" are provided by Heyflow GmbH, Jungfernstieg 49, 20354, Hamburg (Germany), registration number HRB 161040 (German Commercial Register), hereinafter referred to as "we" or "Heyflow". You can contact us by sending an email to support@heyflow.app.

1. Scope of application

1.1 These Standard Terms and Conditions apply to the booking and use, including trial use, of our services as well as to all contracts concluded with us in this context.

1.2 Our offer is aimed exclusively at companies or persons who wish to use our services exclusively for commercial or professional purposes.

2. Definitions

2.1 “Visitor” means a person who accesses a Flow and thus “visits” it; repeated visits by the same person shall be deemed to be multiple visits.

2.2 “Downgrade” means a reduction of the scope of services offered, booked or individually agreed.

2.3 “End User” means the users of Heyflow's Customers’ services in communication with whom Flows are used.

2.4 “Flow” means a web-based, interactive request form that digitally captures end-user preferences and/or end-user interest in specific products and/or is used for communication.

2.5 “Customer” means a person who uses Heyflow's services.

2.6 “Service Agreement” means the contractual relationship – usually concluded after the end of the trial period – subject to a fee for the use of the Heyflow services.

2.7 “Traffic” means the visits of one or more Flows.

2.8 “Traffic Limit” means the maximum permissible visits of one or more Flows in a certain period of time, usually in one month.

2.9 “Upgrade” means an increase of the scope of services offered, booked or individually agreed.

2.10 “Contractual Month” means the period from the day of conclusion of the contract to the end of the day preceding the same date of the following month (e.g. from 15 March to 14 April). If the thus determined expiry date does not exist, the Contractual Month ends with the end of the last day of that month (e.g. from 31 January to 28/29 February).

2.11 “Contractual Year” means the period from the day of the conclusion of the contract until the end of the day preceding the same date of the following year (e.g. from 15 March 2021 to 14 March 2022).

2.12 “Contract Term” means a “Contractual Month” or a “Contractual Year”.

3. Scope of services, plans, individual contracts

3.1 We offer individual contracts and various plans. The scope of services owed by us depends on the individual agreements or the respective plan booked. Otherwise, the product description applicable at the time of conclusion of the contract applies to the scope of the Heyflow services.

3.2 Our plans each contain different Flow volumes, Traffic Limits, functions and services at different prices and with different (minimum) terms. Details can be found on our website at heyflow.app/pricing.

3.3 During an ongoing Service Agreement, Customers can switch to a plan with a lower scope of services with effect from the next Contract Term. During the free trial period and before transferring to a Service Agreement (see clause 4.2), Customers may switch to another plan with immediate effect. Individual Downgrades within our plans, for example a reduction of the number of Flows included in one of our plans, are generally not possible.

3.4 Customers can switch to a plan with a larger scope of services at any time. The change will take effect immediately and will be billed on a pro rata basis. It is also possible to conclude an individual agreement on the option of individual Upgrades such as a package-wise addition of additional Flows, domains and/or additional traffic. Unless otherwise agreed, additional bookings are made by e-mail from the e-mail address stored in the Customer account, and are usually available on the second working day after the booking. Prices for additional bookings are agreed individually. Additional bookings are only possible if and insofar as we have expressly agreed a corresponding option with the Customer. Please contact support@heyflow.app for this purpose.

4 Conditions of use, order process, conclusion of contract

4.1 A prerequisite for the use of our services is the creation of a Customer account at “https://heyflow.app”. In order to do so, a name, a business e-mail address and a password must be provided, and our Standard Terms and Conditions, our privacy statement and our data processing agreement (see clause 12) must be accepted or acknowledged. After verification of the e-mail address provided, the registration process is completed.

4.2 The contractual relationship begins with a free trial period. During or following the trial period, the Customer can switch to a Service Agreement, whereby the Customer can once again select one of our plans and opt for an annual or a monthly Contract Term; the Customer is not bound to the plan originally selected for the trial period. In order to conclude a Service Agreement, a billing address and payment information must be entered in the Customer account and our Standard Terms and Conditions and our privacy statement must be accepted or acknowledged again. In addition, the Customer must agree to the conclusion of our data processing agreement.

5 Customer account

5.1 The Customer account is personal and non-transferable. The information provided when creating and using the Customer account must be true, up to date, complete and accurate, and must be maintained accordingly. It is not permitted to create a Customer account in the name of a third party.

5.2 It is prohibited to transfer access data and share a Customer account. Access data for a Customer account must be kept secure and inaccessible to third parties. If Customers suspect that their Customer account access has been compromised, they should contact us (support@heyflow.app) immediately. Otherwise, we will attribute any activity that occurs via a Customer account to the Customer registered for it.

5.3 As a matter of principle, each contract will only run on one Customer account. Multiple Customer accounts per contract can only be activated in consultation with Heyflow. Please contact support@heyflow.app for this purpose.

5.4 It is not permitted to create and use several Customer accounts, e.g. to use the free trial period multiple times, including in staggered intervals.

6 Term, termination

6.1 We offer Service Agreements with Contract Terms of one Contractual Year or one Contractual Month.

6.2 Contracts with a term of one Contractual Year may be terminated by either party giving three months' notice with the notice period expiring at the end of the Contractual Year. Otherwise, they shall be extended by a further Contractual Year at the conditions applicable at the time.

6.3 Contracts with a term of one Contractual Month shall be extended by a further Contractual Month at the conditions applicable at the time, unless they are terminated by one of the parties by the last day of the current Contractual Month with effect for the following Contractual Month.

6.4 The right to termination for cause without notice remains unaffected.

6.5 Customers can terminate their contract directly via the termination option in the Customer account, or in writing. Terminations by Heyflow are issued in text form.

7. Prices, payments, late payment

7.1 The amount of the fee payable for our plans depends on the plan booked. Our current prices can be found at “https://heyflow.app”. The fee amount to be paid under individual contracts is based on the respective agreements.

7.2 Unless otherwise indicated, prices are net prices and are to be paid in addition to the respective applicable value added tax.

7.3 Discounts granted by Heyflow can be cancelled retroactively if the Customer does not fulfil their contractual obligations, disregards our terms of use or does not comply with other conditions for the granting of the discount.

7.4 The usage fee is to be paid monthly and in advance on the first day of the current Contractual Month.

7.5 In the event of a change between plans during a current Contract Term, the fee for the Contract Term up to the change shall be calculated on a pro rata basis.

7.6 Payments must always be made by credit or debit card. Payments are processed via a third party who is certified in accordance with PCI DSS Level 1. The card is charged on the respective payment date. Customers must ensure that the payment data stored in their Customer account are always up-to-date.

7.7 Heyflow issues monthly invoices in electronic form. The invoices will be sent by e-mail to the Customer’s e-mail address stored in the Customer account, or will be made available in the Customer account to be downloaded.

7.8 The fact that Customers do not use the services booked, or do not use them comprehensively for reasons for which we are not responsible, does not change the obligation to issue payment in full.

7.9 If payment is not made on time, we reserve the right to block or delete the Customer account, or to prevent access to the Customer account. In that case, no claims for damages can be brought with regard to End User responses or other content that is no longer accessible or stored.

8. Intellectual property, right of use

8.1 Heyflow remains the owner of the intellectual property rights to the services provided by Heyflow.

8.2 Heyflow grants the Customer the right to use the Heyflow services for the duration of the Contract Term, limited to the scope of services, otherwise unrestricted in terms of space and subject matter. The right of use comprises use in the context of business operations. The right of use neither includes the right to edit the Heyflow services (e.g. the software builder itself) nor the right to grant sublicenses.

8.3 Heyflow is entitled to use Flows designed by the Customer to optimise and develop Heyflow products further.

8.4 Otherwise, Heyflow is not entitled to any intellectual property rights regarding the content created and uploaded by the Customer, and regarding End User data and information obtained by means of individualised Flows.

9. Exclusion of liability, limitation of liability

9.1 In cases of fault-based liability, Heyflow's liability for damages is limited according to the provisions below.

9.2 Heyflow is not liable in case of simple negligence of its corporate bodies, legal representatives, employees or other vicarious agents, unless a material contractual obligation has been violated. Material contractual obligations are the obligation to provide the Heyflow services in due time, to provide services free of defects, to provide the Heyflow services in a useable form, in particular without defects that impair functionality or usability more than insignificantly, as well as the duty of consultation, protection and care, which are supposed to enable the Customer to use the services in accordance with the contract, or which have the purpose of protecting life and limb of the Customer's staff or the Customer's property against considerable damages.

9.3 If Heyflow is liable for damages under clause 9.2, such liability shall be limited to damages which Heyflow foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or which Heyflow should have foreseen by exercising due diligence. Furthermore, indirect damages and consequential damages which arise due to defects of Heyflow's services will only be compensated if such damages could be typically expected. The above provisions of this paragraph 3 do not apply in case of intentional or grossly negligent conduct of Heyflow's board members or executive employees.

9.4 The above exclusions and limitations of liability apply to the same extent for the benefit of Heyflow's corporate bodies, legal representatives, employees and other vicarious agents.

9.5 Otherwise, the Customer has the applicable statutory rights in case of defects.

9.6 Heyflow is not liable for or with regard to contents created by Customers.

9.7 As far as Customers use material from open source libraries for the design of their Flows, the respective licence notes have to be observed and the licence conditions have to be complied with. Customers are responsible for compliance with open source licence conditions. Heyflow is not liable for violations of open source licence conditions by Customers.

10. Logo use, case study

10.1 In case of an individual contractual agreement on the admissibility of Heyflow using a Customer's company logo for testimonial purposes, the following applies, unless otherwise agreed: Heyflow is entitled to use the Customer’s current company logo for testimonial purposes in all internet presences associated with Heyflow. Heyflow is entitled to the right of use up to 24 months after the end of the contract. Prior to using the logo, Heyflow has to obtain the Customer’s approval of the planned use. The Customer may withhold approval only for important reasons based on the incompatibility of the specific design with the company's internal brand guidelines. The approval or objection shall be issued without delay.

10.2 In case of an individual contractual agreement on the admissibility of the creation and distribution of a case study by Heyflow, the following applies, unless otherwise agreed: Heyflow is entitled to create and distribute a case study concerning the Customer. The case study deals with the area of application of the Heyflow services by the Customer, the reasons that led to the use of the Heyflow services and the situation the Customer was in before the cooperation with Heyflow started. The case study can be created and distributed in print and/or video form. Heyflow has the right to create and distribute a case study up to 24 months after the end of the contract. The Customer’s duties of support and approval will be agreed upon separately.

11. Customer’s obligation of lawful use

11.1 Customers must comply with applicable laws when using our services.

11.2 In addition, Customers must also comply with our terms of use. In particular, they:

• must not infringe third party rights, in particular intellectual property rights and privacy rights;
• may not create and/or upload illegal content;
• may not access our services by unauthorised or illegal means;
• may not avoid, circumvent, remove, disable, interfere with, decrypt or otherwise tamper with or disrupt any security measures, terms of use, or other protective measures provided by us, our service providers or third parties to protect our website, Customer account and/or services;
• may not access or use or tamper with non-public areas of our services or website, or our systems or our service providers' systems;
• may not forge or manipulate metadata (including metatags), hidden text or website information;
• may not disguise the origin of any content;
• may not copy, mirror, embed, duplicate, (re)sell, display or otherwise use any elements of our website or services other than as permitted;
• may not automatically search, scrape, crawl, download or otherwise gain access to any content provided by us, or create new links, references or content using methods and means not provided by us, including but not limited to the use of automated scripts, robots, crawlers or data mining services;
• may not impersonate any other person or misrepresent their affiliation with any other person, business or entity, or harass or stalk any other user or third party;
• may not send unsolicited or unauthorised commercial communications, chain mail or other forms of unauthorised advertising;
• may not scan vulnerabilities or conduct load testing or penetration testing on our website and platform without our prior consent.

11.3 Third-party content may only be included in Flows if the Customer has the necessary rights to do so and the inclusion of such content does not otherwise violate the law (e.g. competition law or the right of free speech). This also applies to the integration of links and domains in Flows. Heyflow is under no obligation to monitor or verify compliance with these requirements.

12. Data protection, data processing

12.1 The Customer is the sole [data] controller under the GDPR with regard to End User data which it collects via Flows. In this respect, the Customer has to ensure compliance with all data protection requirements.

12.2 The Customer is solely responsible for integrating and using Flows and informing End Users in compliance with data protection law. Heyflow is under no legal obligation to provide the Customer with guidance on how to integrate and use Flows and/or inform End Users in compliance with data protection law. If Heyflow provides such guidance, this is non-committal and does not give rise to liability on Heyflow’s part. Tortious or other statutory liability shall remain unaffected.

12.3 If Heyflow processes personal End User data for the Customer, this requires a separate data processing agreement. This data processing agreement will be concluded at the latest when a Service Agreement is concluded.

12.4 For optimisation purposes, Heyflow is entitled to track usage and to evaluate data anonymously (e.g. [number of] visits per day, bounce rates, usage via desk-top vs. mobile). Personal data is not processed in the process.

12.5 The Customer can choose to which destination End User responses are transmitted. Usually, the Customer receives an information e-mail. In addition, integration into Google Sheets or selected CRM systems is possible. Such integrations are always initiated and set up by the Customer. Heyflow cannot control the transmission of data set up by the Customer.

13. Applicable law and place of jurisdiction

13.1 All disputes arising from or on the basis of these Standard Terms and Conditions or the contracts concluded with us about our services shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 The Hamburg courts shall have exclusive local jurisdiction for disputes pursuant to section 13.1.

14. Amendment of these STC

We reserve the right to amend these Standard Terms and Conditions. Insofar as the amendments are not purely beneficial for Customers, they will be informed of the amendments. Amendments which are more than insignificant, in particular those which affect Customer rights, shall only become effective if the Customer has agreed to them.