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Terms and Conditions

The platform accessible via the domain names heyflow.app, heyflow.id, niroflow.de and niroflow.com are provided by Niro GmbH, hereinafter referred to as "we", "us", the "Service", the "Website" or "Site", the "Company", or "Heyflow". Niro GmbH is registered as a German legal entity under the registration number HRB 161040 (German Commercial Register) and the address Große Bäckerstraße 10, 20095, Hamburg. You can contact us by sending an email to support@heyflow.app.

Last edit: 26-05-2021



1. General

These General Terms and Conditions (GTC, also Terms of Service, TOS) govern the use of the Services offered by us, in particular the creation of web forms (also "flows"), the subsequent data collection, storage and processing, as well as other Services in this context.



2. Access to the Services

2.1 Authorized users

We direct our Services to companies. In the context of these GTC, the companies that use our Services are also called "customers". The visitors and users of an application created with Heyflow and provided by our customer is defined as "End-Users" in the context of these GTC.

2.2 Account creation

In order to use the Services we offer, it is necessary to create an account with Heyflow. This account is uniquely personal and non-transferable. The information requested to create an account in the registration process must be true, current, complete and accurate. Registration or otherwise creating an account on behalf of a third party is not permitted.

2.3 Plans

We offer different packages, each with different configuration of price, functionalities and limitations. The current packages can be viewed here.

Each package contains a corresponding customer account. A majority of accounts per package can only be activated in consultation with Heyflow. Please contact support@heyflow.app for this purpose.

2.4 Services and external Service providers

In order to provide the optimal technical and organizational version of our Services, we cooperate with external service providers.

These service providers act outside our reasonable control and therefore we cannot be held liable for any damage caused by any act or omission attributable to them.

Furthermore, we enable our customers to include external services (integrations) that may have access to the flows, their hosting or the data collected by the flows. In these cases, the service providers of the external services act outside of our reasonable control, which is why we cannot be held liable for damages caused by any act or omission attributable to them. Likewise, we cannot be held liable for any damage caused by incorrect or inadequate transmission or processing of data by the customer, such as the transmission of data over an insecure connection (without a valid SSL certificate). We expressly recommend checking the business and data protection conditions of the respective service providers before integrating the corresponding services.



3. Your responsibility

3.1 Account security and access data

Each account is personal and non-transferable. Passing on access data and sharing an account is prohibited. Access data must be kept secure and inaccessible to third parties at all times. If you suspect that your account access has been compromised, please contact us immediately (support@heyflow.app). Otherwise, we will refer any account activity to you.

3.2 Use of the account and Services

Your use of the account and the Services we provide must comply with the law and public policy. In particular, but not exclusively, you may not:

  • Access the Site, accounts or Services by any means other than as defined in these GTC;
  • Avoid, circumvent, remove, disable, impair, decrypt or otherwise tamper with any security measures, rules of use or other protections provided by us, our Service providers or third parties to protect the Site, accounts or Services;
  • Access, tamper with or use non-public areas of the Service or the Site, the Company's computer systems or our providers' technical delivery systems;
  • Falsify or manipulate metadata (including metatags), hidden text or website information that obscures the origin of content;
  • Copy, mirror, embed, duplicate, (re)sell, use or display any elements of our Website or Services that are part of our intellectual property or property of other companies, other than as expressly described in our GTC;
  • Programmatically 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;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity, or harass or stalk any other user or third party, or share or use offensive or pornographic material; Send unsolicited or unauthorized electronic commercial communications, chain letters or other forms of unauthorized advertising.
  • Activities such as vulnerability scanning, load testing, penetration testing, or circumventing our security measures in any intended manner are strictly prohibited on our platform without our prior written consent.
3.3 Available materials

Our Website and Services may contain information, graphics, text, images and other materials uploaded by other account holders or third parties. These materials are intended solely for use in connection with our Website and Services. Their legality, accuracy and completeness are the sole responsibility of the party that uploaded them or provided them as part of the Site or Services. Use of the materials may be subject to special terms or license conditions, and you are responsible for obtaining any necessary licenses or permissions and complying with any licenses or conditions applicable to them.

3.4 Your content

We do not claim ownership of the content you upload or otherwise use in connection with the Site or Services. However, in order to ensure that we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to use, reproduce, distribute, communicate and publicly perform or display (including, among other things, broadcast and transmission rights), transform and modify and/or adapt your content in connection with the operation of the Site and/or the Services. You represent and warrant that you have the necessary rights to grant the license under this agreement and that your content does not violate the law or the rights or interests of any third party.

Please note that by submitting content (text, images, photos or videos) to the Service, this content will be made publicly available to third parties. Please check if you want to share this content under these conditions before submitting it as part of the Services.

3.5 Intellectual property and other proprietary rights of third parties

Without prejudice to Section 3.2 above, you agree not to upload, post, email, transmit, share or otherwise use in connection with the Services or the Website any content for which you do not have the prior permission of the rights owners. We are not responsible for said content or for any actions you take with respect to said content, and you may not use third party content unless you have obtained prior permission from the owners.

For example, you may not use photos, music, text, graphics, information, trademarks, trade names or other content protected by intellectual property rights that do not belong to you, unless the relevant owner has expressly given its consent. It is strictly prohibited to use the Services to circumvent a rights holder's intellectual property rights or other exclusive rights, such as providing links to P2P platforms including infringing materials through the Services.

Notwithstanding Section 7 below, we may delete content that violates this Section at any time without prior notice and without liability for such deletion.

3.6 Review your content

You acknowledge that in order to comply with legal obligations, to prevent phishing or fraud, or if we are notified of unlawful content, we may be required by third parties to review certain content you submit to determine whether it is unlawful or in violation of these GTC. We may, in our sole discretion, modify, prevent access to, delete or refuse to display any content that we believe violates the law or these GTC. However, you acknowledge that we have no obligation to monitor or review any content you submit.

3.7 Commitments to respondents

Your use of the Services may result in the collection and further processing and analysis of information from third parties (the "End-Users"). Any contractual relationship that exists with the End-Users is entered into between you and the End-Users. You are fully responsible for complying with all applicable obligations when contacting End-Users and processing their data, such as, without limitation, obligations under data protection law (including informing End-Users about data collection and processing and exercising rights granted to them by law), cookies, or e-commerce laws and regulations. In addition, you are responsible for ensuring that End-Users review and accept these GTC and our Privacy Policy, and you will provide all evidence of their consent and approval as may be requested by us from time to time.

Processing of data considered "sensitive" under European data protection laws, as well as data related to payment data, including health data or other information related to a person's health, can only take place if you mark the relevant question within the Heyflow Website as "sensitive".

3.8 Account details

You agree to submit true, accurate, current and complete information for the creation of the account and to notify us from time to time to keep such information current and accurate. In particular, when providing details of payment methods used to pay fees in connection with the provision of our Services to you, you will ensure that such method is valid and can be used by you.



4. User fee and payments

4.1 General

All plans and accounts are subject to a specific term that you selected when you sign up for said Services and will automatically renew for monthly or annual periods, depending on the contracted term, unless at any time you choose to cancel the renewal of your account through the "My Account" section. In such cases, unless you choose to cancel your entire account, the subscription you paid for will continue for the entire contract term and your account will be downgraded at the end of the contract term.

4.2 Fees

We reserve the right to require payment of fees for any or all Services at any time. You must pay all applicable fees as described on the Website in connection with the Services you select. We reserve the right to change the price and impose new fees at any time after we notify you (i.e., on the Site and/or by email).

Your continued use or access to the Services after the effective date of these changes constitutes your acceptance of the new or increased fees.

All fees paid under this agreement are non-refundable.

Subject to applicable law, failure to pay fees may result in suspension or termination of your account and may further result in a loss of your data related to your use of the Services.

4.3 Value added tax

The prices for the Services include VAT and all other taxes as applicable. VAT is the sales tax that must be paid on Services sold within the European Union (EU). If you are a resident of Germany, VAT must be paid in all cases. However, if you are not a resident of Germany within the EU, they are required to pay VAT in your country under the reverse charge mechanism.

4.4 Payment

Payment for the Services is made by credit or debit card. Payments are processed through a third party that is certified according to PCI Level 1 requirements. Therefore, we do not have access to the payment information nor can we store this information subsequently.

You must update the payment information provided to us from time to time to ensure that it is accurate and current. If a payment is not processed because you fail to comply with the obligations set forth in this section, your access to or use of the Services may be suspended or terminated as further described in Section 6 of the Terms of Use for the Services.

4.5 Invoicing and refunds

The Services will be invoiced in advance, with monthly or annual frequency, depending on the term of the agreement. You expressly authorize us to issue electronic invoices for the Services, which will be sent to the email address you provided when you created your account.

Fees are non-refundable. We do not refund or provide credit for contracts that are terminated prior to the end of the contract period.



5. Suspension and termination of the contract

5.1 Termination or suspension by the Company

We have the right to suspend your account if you provide us with untrue, inaccurate, not up-to-date or incomplete information when creating your account, as well as if you fail to comply with these GTC or other mandatory legal provisions. Upon the occurrence of any of these provisions, we will contact you and request you to remedy your violation of these GTC.

We may terminate your account if you fail to cure a breach of the GTC within the non-extendable period of fourteen (14) calendar days from the date of notification. In addition, your account may be terminated if you materially violate these GTC, including, without limitation, in cases where the account is used to commit fraud (e.g., to conduct phishing attacks) or intentionally violate any law. Termination of the account may result in loss of data.

Finally, we may terminate your account if you object to the appointment of a subcontractor, as further explained in our Privacy Policy.

5.2 Termination by you

You may cancel your account at any time by using the account cancellation option. If you cancel your account, you may still be able to access the Website, but you will not have access to the Services, features, and content available to account holders. Please note that this may result in data loss.



6. Cancellation of your subscription – right of withdrawal

Our Services are available upon completion of the registration process and creation of your account. By creating your account and expressly requesting the Services, you waive your right of withdrawal, if any.



7. Exclusion of warranty and compensation

To the fullest extent permitted by applicable law, the Site and Services are provided "as is," "with all faults," and "as available," and the entire risk of use and performance remains with you. The Company and its suppliers make no representations, warranties or conditions, express or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment or non-infringement, and make no warranty or claim that the Services will be available or provided on an uninterrupted, timely or secure basis; that they will be accurate, complete, reliable, or will function properly; that they will meet your requirements; that they will be error-free or free of viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these GTC cannot modify, and in such cases the Company's liability is limited in accordance with and to the extent permitted by said local laws.



8. Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, equipment, computers, peripherals, and animals), or for injury or death arising out of or related to these GTC, your account, or the Services.

Subject to Section 7 above, the Company's maximum aggregate liability to you and your exclusive remedy under these terms for all damages, injuries and losses arising out of all claims and causes of action arising out of, based upon, arising out of or in connection with these terms, your account, the Services or the Site will not exceed a maximum aggregate amount equal to the fees paid to the Company in the twelve (12) months preceding the date on which the damage occurred.

The limitation of liability set forth in this section shall apply only up to the maximum amount permitted by law. In particular, it shall not apply in the event of gross negligence or intentional misconduct.



9. Compensation

You will indemnify, defend and hold the Company, its officers, directors, employees, agents, affiliates, suppliers and/or licensors harmless from and against any and all claims, losses, expenses, liabilities, damages or demands, including reasonable attorneys' fees, relating to (a) your use of, arising out of or alleged to arise out of, (b) any violation of these GTC, or (c) any violation by you of the rights or applicable law of any other party. The Company reserves the right, at your sole expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses



10. Changes to the GTC

We may change these GTC from time to time. We will give you reasonable advance written notice of any changes. If you do not agree to any changes to the GTC, you must (as your sole remedy) discontinue your use of the Website and the Services. By continuing to use the Services or the Website, you agree to be bound by the updated terms of the GTC.



11. Miscellaneous

The illegality, invalidity, voidness or unenforceability of any of the sections of these GTC shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Such sections shall be replaced or incorporated into others that are consistent with the intent of the replaced sections in accordance with law.

If at any time we fail to act with respect to a breach of these GTC by you, such failure will not waive our right to act with respect to subsequent or similar breaches. No waiver shall be binding on the Company unless it is in writing and signed by the Company. These GTC constitute the entire agreement between you and the Company with respect to your Account and the Services. Both you and the Company warrant to each other that neither the Company nor you have relied or will have any rights or remedies in entering into these GTC other than the representations, warranties or covenants expressly set forth in these GTC.

The rights and obligations set forth in these GTC (or otherwise of the account) may not be assigned to any third party without the prior written consent of the Company.



12. Support

If you have any doubts, comments or concerns, you can contact us in one of the following ways:

Niro GmbH
Große Bäckerstraße 10
20095 Hamburg
Deutschland

Via email:
support@heyflow.app



13. Applicable law and place of jurisdiction

These GTC shall be governed by and construed in accordance with German law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute arising out of or in connection with us and/or the Site or the Services shall be subject to the jurisdiction of the courts located in Hamburg, Germany.

Translation

This document is a convenience translation. In case of doubt, the German version shall prevail.

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