Terms and Conditions
The services offered through the domain 'heyflow.com' are provided by Heyflow GmbH, located at Jungfernstieg 49, 20354 Hamburg, Germany, with registration number HRB 161040 in the German commercial register, hereinafter referred to as "we" or "Heyflow". You can contact us by sending an email to [email protected].
1. Scope of application
1.1 These Standard Terms and Conditions apply to the booking, use (including trial use), and all contracts concluded with us for our services.
1.2 Our offer is exclusively for companies or individuals using our services solely 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 “Consumer” 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 consumer preferences and/or consumer 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, unless otherwise specified, the contract month.
2.9 “Upgrade” means an increase of the scope of services offered, booked or individually agreed.
2.10 "Contract month” refers to the period starting from the day the contract is concluded and ending on the same calendar day of the following month (e.g., from March 15th to April 15th). If the determined expiration day does not exist (e.g., from January 31st to February 28th or 29th), the contract month concludes on the last day of that month. The time at which the contract is concluded determines the granted usage time on the calendar day (e.g., from March 15th, 15:30 hrs, to April 15th, 15:29 hrs).
2.11 "Contract year” refers to the period from the day the contract is concluded to the day immediately preceding the same date in the subsequent year (e.g., from March 15th, 2023, to March 15th, 2024). The granted usage time on a calendar day is determined by the time of contract conclusion (e.g., from March 15th, 2023, 15:30 hrs, to March 15th, 2024, 15:29 hrs).
2.12 “Contract Term” means a “Contract Month” or a “Contract Year”.
3. Scope of services, plans, individual contracts
3.1 We provide individual contracts and various plans. The services you receive from us are determined by the terms of your individual agreement or the plan you've selected. Otherwise, the Heyflow services' scope is governed by the product description in effect at the time of contract conclusion.
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.com/pricing.
3.3 Customers under an ongoing Service Agreement can switch to a lower-tier plan starting from the next Contract Term. During the free trial period and before transitioning to a Service Agreement (as described in clause 4.2), Customers can switch to another plan on a higher-tier immediately. However, individual downgrades within our plans, such as reducing the number of included Flows, are generally not allowed.
3.4 Customers have the flexibility to switch to a higher-tier plan at any time. This change takes immediate effect and is billed on a pro-rata basis. Additionally, customers can enter into an individual agreement for custom upgrades, such as adding additional Flows, domains, or extra traffic in package-wise increments. Unless otherwise specified, customers can make additional bookings by sending an email from the address associated with their Customer account. These bookings are typically available on the second working day after the request. Pricing for additional bookings is determined on an individual basis. The availability of additional bookings is contingent on prior agreement between us and the Customer for such options. For more information, please contact [email protected]. Any additions made will permanently update the terms of the existing agreement.
4 Conditions of use, order process, conclusion of contract
4.1 To use our services, you must create a Customer account at 'https://heyflow.com.' This requires providing a name, a business email address, and setting a password, as well as accepting or acknowledging our Standard Terms and Conditions, our Privacy Statement, and our Data Processing Agreement (refer to clause 12). Once your provided email address is verified, the registration process is complete.
4.2 The contractual relationship begins with a free trial period. During or after the trial period, customers can transition to a Service Agreement. At this point, they can select one of our plans and choose between annual or monthly Contract Terms, and they are not obligated to stick with the plan they initially chose for the trial period. To enter into a Service Agreement, customers must provide billing information in their Customer account, reaccept our Standard Terms and Conditions, our Privacy Statement, and agree to 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 Transferring access data and sharing a Customer account is prohibited. Access data for a Customer account must be securely maintained and inaccessible to third parties. If a Customer suspects unauthorized access to their account, they should contact us immediately at [email protected]. Otherwise, we will attribute any activity on the Customer account to the registered Customer.
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 [email protected] 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 Contract Year or one Contract 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 terminate for cause without notice is 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 fee for our plans varies depending on the chosen plan, and you can find our current prices at 'https://app.heyflow.com'. For individual contracts, the fee is determined 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 Heyflow may retroactively cancel discounts if the Customer fails to meet their contractual obligations, violates our terms of use, or does not comply with other discount-related conditions.
7.4 The usage fee for monthly contracts is due monthly in advance on the first day of the current Contract Month.
7.5 The usage fee for yearly contracts is due annually in advance on the first day of the respective Contract Year.
7.6 If a plan change occurs during a current Contract Term, the fee up to the change will be prorated.
7.7 Payments can be made through credit or debit card, bank transfer, or SEPA Direct Debit. Payment processing is handled by a third party certified under PCI DSS Level 1. Cards are charged on their respective payment dates. Customers are responsible for maintaining up-to-date payment data in their Customer account.
7.8 If SEPA Direct Debits fail, Heyflow will charge the customer for the costs incurred (EUR 15 per failed debit).
7.9 Heyflow provides electronic invoices, which are either emailed to the Customer's registered email address or made available for download in the Customer account.
7.10 Non-utilization of booked services, even for reasons beyond our control, does not exempt Customers from the obligation to make full payment.
7.11 If payment is not made on time, we reserve the right to block or delete the Customer account or restrict access. In such cases, no claims for damages can be made regarding inaccessible or deleted Consumer responses or other content.
7.12 All fees paid under this agreement are non-refundable. There is no refund or credit for contracts cancelled before the end of the contract term.
7.13 Not paying fees may lead to the deactivation or termination of your account and the loss of your data related to your use of the Services.
8. Intellectual property, right of use
8.1 Heyflow retains ownership of the intellectual property rights to its provided services.
8.2 During the Contract Term, Heyflow grants the Customer the right to use Heyflow services, limited only by the scope of services and not restricted by geographical or subject matter boundaries. This right of use applies within the context of business operations. It does not encompass the right to modify Heyflow services, such as the software builder itself, nor does it include the right to grant sublicenses.
8.3 Heyflow has the right to use Customer-designed Flows to further optimize and develop Heyflow products.
8.4 Otherwise, Heyflow is not entitled to any intellectual property rights regarding the content created and uploaded by the Customer, and regarding Consumer 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 as provided below.
9.2 Heyflow is not liable for simple negligence on the part of its corporate bodies, legal representatives, employees, or other agents unless it constitutes a material breach of contract. Material contractual obligations include the timely provision of Heyflow services, the provision of defect-free services, the delivery of Heyflow services in a usable form without significant impairments to functionality or usability, as well as the duty to consult, protect, and care for the Customer's ability to use the services as outlined in the contract or to protect the life, limb, or property of the Customer from substantial harm.
9.3 If Heyflow is liable for damages as per clause 9.2, such liability is limited to damages that Heyflow foresaw or should have foreseen as possible consequences of a contract breach at the contract's inception, considering due diligence. Additionally, indirect and consequential damages arising from defects in Heyflow's services will only be compensated if such damages could typically be expected. These provisions do not apply in cases of intentional or grossly negligent conduct by Heyflow's board members or executive employees.
9.4 The above exclusions and limitations of liability also apply to Heyflow's corporate bodies, legal representatives, employees, and other 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.
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 for Consumer data collected via Flows and is responsible for ensuring compliance with all data protection requirements.
12.2 The Customer is solely responsible for integrating and using Flows and informing Consumers in compliance with data protection law. Heyflow is not obligated to provide the Customer with guidance in this regard, and any guidance provided is non-binding and does not establish liability on Heyflow's part. Statutory or other forms of liability are not affected.
12.3 If Heyflow processes personal Consumer data for the Customer, a separate data processing agreement is required. This agreement will be concluded at the latest when a Service Agreement is established.
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.