Terms of Use

1. Scope of the Terms of Use

(1) These terms of use apply to the use of the FLOWIFY AI APP (hereinafter referred to as the APP).

(2) These terms of use explain all rights, obligations, responsibilities, and details about the services of the provider. A prerequisite for using the APP is that the user agrees to these terms of use. If the user accepts these terms of use by checking a box after opening the APP for the first time and continues to use it, a contract for the use of the APP is concluded between the user and the provider. The user can terminate this contract at any time by uninstalling this APP from their mobile device.

(3) The current terms of use can be accessed and printed at any time in the app.

2. User Account

(1) Creating an account requires setting up a user account. This consists of an email address and a password ("login data"). To create an account, the user needs a valid email address to receive a verification code. This must be provided when creating the account. The user will then receive a one-time code to verify the email address, which must be confirmed in the app.

(2) The user assures that the data used when creating their profile ("profile data") are accurate and complete.

(3) The contract language is exclusively German.

(4) The provider does not charge fees to you as the end-user for using the APP, its content, and functions. However, accessing the content or receiving an SMS requires an Internet/GPS connection. Depending on the arrangement of your mobile contract, telecommunications costs with your telecommunications provider may apply.

3. Use of the Account

(1) The user must be at least 16 years old to use the services of the app or have the required age for registration or use of the services in their country.

(2) The provider is entitled at any time to block access to individual contents, e.g., if there is suspicion that they violate applicable law or third-party rights. There is no claim by the user to maintain individual functionalities of the app.

(3) The provider strives for uninterrupted operation of the app. This naturally limits to services over which the provider has influence. The provider is free to restrict access to the app temporarily or permanently, in whole or in part, due to maintenance work, capacity concerns, and other events beyond their control.

4. User's Obligations

1) The user commits to comply with applicable law (e.g., criminal, competition, and youth protection laws) when creating and using their own content and not to violate third-party rights (e.g., naming, brand, copyright, and data protection rights).

(2) The user commits to the provider that any content uploaded to the account does not violate applicable law or good morals in content or form. Specifically, the dissemination of content that

  • promotes racism
  • glorifies violence and extremism of any kind
  • incites and encourages criminal acts and legal offenses, threats against life, limb, or property
  • harasses individuals or companies
  • makes defamatory statements, slander, and libel against users and third parties, as well as breaches of fairness laws
  • infringes copyright or other intellectual property rights
  • sexually harasses users and third parties
  • involves pornography
  • includes offensive, sexist, obscene, vulgar, abhorrent, or disgusting materials and expressions.

(3) The user of the app commits to using the app solely for the purpose of transmitting measurement results.

5. Further Obligations of the User

(1) Without the provider's express permission, the user may only use the app for private purposes and not advertise for themselves or third parties.

(2) The user is obligated to handle the login data carefully. It is strictly forbidden for the user to disclose the login data to third parties and/or enable third parties to access the profile bypassing the login data.

(3) The user must refrain from any activity that could impair or excessively burden the operation of the app or the underlying technical infrastructure. This includes, in particular:

  • the use of software, scripts, or databases in conjunction with the use of the app
  • automatic reading, blocking, overwriting, modifying, copying of data and/or other contents unless necessary for the proper use of the app

(4) If the user encounters disturbances while using the app or its functionalities, they must immediately inform the provider of this disturbance. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or third-party rights.

6. Rights of Use

(1) Downloading the APP does not grant the user any copyright or commercial protection rights. Unless regulated otherwise by a separate contract with the provider, the services are provided by the provider exclusively for personal and non-commercial use.

(2) The APP and the data, content, and information provided through it may not be used in an abusive manner.

(3) For the use of the APP by the user, the provider grants a simple, non-exclusive, non-transferable right of use limited to the duration of the installation on the end device and revocable at any time, to the APP and its contents, especially to data, texts, graphics, images, movies, and other contents of the APP.

(4) The right of use allows the user to download the APP, store it on a mobile device, and use it for personal use, and to access the stored data, documents, and information. Any use beyond the contractual scope is expressly excluded.

(5) In particular, it is not permitted for the user to modify, copy, delete, distribute, transmit, reproduce, publish, sell, distribute, license the APP itself, its layout and design, the services, databases, information, documents, and data, or to make them available to third parties for a fee or free of charge, or to transfer them to third parties, including rental, leasing, and lending. It is also expressly prohibited for the user to alter the program code of the APP, reverse engineer, decompile, disassemble, or otherwise determine the source code and create derivative works from it. The information and contents offered with this APP, the APP itself, as well as the underlying software and documentation are protected by copyright law and other laws and agreements on intellectual property. The user will respect these rights and commits, in particular, to not remove the trademarks and copyright notices from the information, texts, data, graphics, images, and films, nor from the APP itself or the software, nor from the documentation. Moreover, the provisions of §§ 69a ff. of the Copyright Act remain unaffected.

(6) The provider expressly reserves the right to exclude the user from using the APP in case of a relevant violation of legal regulations and these terms of use.

(7) The provider expressly reserves the right to change, remove, or add new functions and features to this APP and possibly introduce new restrictions on the services.

(8) These terms of use also apply to all updates and additions to the APP provided by the provider, unless they are subject to a separate agreement provided with the update or addition. The provider expressly reserves the right to change, adjust, and supplement these terms of use at any time.

7. Liability

(1) The provider makes no representations or warranties regarding the suitability, fitness, availability, reliability, and functionality of the app and its services, as well as the published data, information, and documents for a particular purpose.

(2) The provider is not liable if the user uploads data/images to the app that go beyond the purpose of using the app (collection of pure measurement results).

(3) The provider is not liable for any damages, including consequential damages or other damages resulting from the failure to use, the non-existence, or the interruption of a communication line, unless caused by the provider.

(4) Except in cases of intent or gross negligence, the provider assumes no liability for the accuracy, timeliness, error-free, freedom from protection and copyright notices, usability, and completeness of the provided data, content, information, and documents, as well as their selection.

(5) The provider is not liable for damages caused by errors, delays, or interruptions in transmission, malfunctions of technical equipment, incorrect or incomplete data provided by the user, viruses, or otherwise during the use of the emergency APP, unless the provider has caused this intentionally or through gross negligence.

(6) The provider is only responsible for the content it has created, published, and distributed. The provider is not liable for content that can be accessed via hyperlinks from the app; the provider has no influence over this content.

(7) The provider explicitly points out that within buildings or vehicles, GPS reception can be disrupted, and in areas with weak mobile coverage, GPS reception may be disturbed or even impossible because the GPS receiver cannot send a position report. A disruption of the mobile network and the GPS receiver can also be intentionally caused by jamming devices. This can make it difficult or impossible to determine your location.

(8) Although the provider always strives to keep the APP virus-free, it does not guarantee virus-free. As a user, you are required to provide adequate security devices and virus scanners before downloading and using the APP for the first time to protect yourself and prevent virus attacks on the APP.

(9) The APP considers the legal requirements of the Federal Republic of Germany. However, the provider does not warrant and is not liable for whether the APP, the underlying software, and the provided information, data, texts, graphics, images, and films may also be downloaded and accessed in other countries. If the user accesses the APP, its functions, and content from countries other than the Federal Republic of Germany, they are responsible for complying with the relevant country's laws. Access to the app, its functions, and content from countries where this would be illegal is not permitted.

(10) Otherwise, any liability, especially but not limited to consequential damages, is excluded, as far as the provider is not liable under the Product Liability Act due to intent or gross negligence, due to injury to life, limb, or health of a person, due to the assumption of a guarantee, due to fraudulent concealment of a defect, or due to the violation of essential contractual obligations (cardinal obligations).

(11) To the extent that the provider has not caused the damage intentionally, deceitfully, or through gross negligence, compensation for the violation of cardinal obligations is limited to the foreseeable damage typical for the contract.

8. Indemnification Claim

The user indemnifies the provider and its employees or agents from all third-party claims arising from alleged or actual legal violations and/or violation of third-party rights by actions taken by the user in connection with the use of the App. In addition, the user agrees to reimburse all costs incurred by the provider due to third-party claims. Reimbursable costs also include the costs of a reasonable legal defense.

9. Duration of Contract/Termination

(1) The contract runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons.

(2) In addition, the right of the parties to terminate the contractual relationship by extraordinary termination for an important reason remains unaffected.

(3) For the provider, an important reason for terminating this contract exists if the user persistently violates his obligations under sections 4, 5, or 6 of this contract.

10. Data Protection

(1) Merely downloading the APP does not transmit any personal data to the provider.

(2) The provider's privacy policy explains how it collects and uses the information provided by the user and information that may be associated with the user.

11. Final Provisions

(1) Should the contract contain invalid provisions, the validity of the rest of the contract remains unaffected.

(2) This contract is exclusively governed by German law.

12. Dispute Resolution

The provider does not participate in a dispute resolution procedure before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that a consumer arbitration board responsible for the user is still pointed out:

General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl. Internet: www.verbraucher-schlichter.de