Terms of Service
Terms of Service: FlowhiveAI
1. Introduction
- Your use of our services, including the services we make available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all software or services offered by us in connection with any of those (collectively, the “Services”), is governed by these terms of service (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” “FlowhiveAI,” and “Flowhive” or refer to Jaden Data GmbH, Goethestr. 67a, 10625 Berlin, Germany, the “providers” and operators of the Services.
- In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
- You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
- You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Flowhive or any of its affiliates regarding future functionality or features.
- If you have entered into a separate written agreement with Flowhive AI for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement.
- ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Flowhive AI WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
- CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
2. Accounts, Eligibility and Scope of Use
You must register an account with us (a "Customer Account") in order to use the Services. You agree to provide accurate and complete information in the creation of your Customer Account and agree to update this information with any changes. Your Customer Account is for your personal use only and you may not authorize others to use your account. You are responsible for ensuring that your access credentials are kept confidential and are not disclosed to any third party, and for all activity that occurs under your Customer Account. You agree to notify us immediately upon learning of any unauthorized access to your Customer Account or any other suspected security breach.
3. Content
- You will be able to upload, create, host, transmit, share, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”
- You are solely responsible for the development, content, and use of the User Content you upload to FlowhiveAI and you assume all risks associated with them, including intellectual property or other legal claims. If you are registering for these Services on behalf of an organization, you agree that you are also responsible for the actions of your Authorized Users and for any User Content that such Authorized Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. By storing User Content with FlowhiveAI, you represent that you have all necessary rights to store, use and, if applicable, publicize that User Content, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or any of our Terms. Our Services will allow you to share your User Content with others, which is in your sole control and discretion. You are responsible for taking appropriate steps to secure and protect your account and your User Content, such as setting up and maintaining the proper configuration and use of our Services, as well as using encryption to protect your User Content from unauthorized access when and if applicable. Please be careful about what User Content you choose to share.
- You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from FlowhiveAI. FlowhiveAI doesn't actively monitor the User Content you upload, download or share. However, we reserve the right, in our sole discretion, to review and remove User Content and/or suspend your access to your account in the event we become aware that your use of our Services or User Content violate any of our Terms, or any applicable law and/or regulations (such as copyright infringement, if we learn the User Content is patently unlawful, if we learn the User Content is malware or supports the distribution of malware, etc.). We assume no liability for any User Content that you or anyone else stores with FlowhiveAI. You understand that User Content that is deleted may be irretrievable.
- A variety of information, data, and other materials may also be made available through the Services by FlowhiveAI or its suppliers (“FlowhiveAI-Supplied Content”). While FlowhiveAI strives to keep the content that it provides through the Services accurate, complete, and up-to-date, FlowhiveAI cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any FlowhiveAI-Supplied Content.
4. Proprietary Rights
- By submitting, posting or otherwise uploading User Content on or through the Services you give FlowhiveAI a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling FlowhiveAI to provide you with the Services.
- Except as provided above, FlowhiveAI acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that FlowhiveAI has no obligation to do so on your behalf.
- You acknowledge and agree that FlowhiveAI (and/or FlowhiveAI’s licensors) own all legal right, title and interest in and to the Services and FlowhiveAI-Supplied Content and that the Services and FlowhiveAI-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in these Terms authorizes you to use any of FlowhiveAI’s trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.
5. License from FlowhiveAI and Restrictions on Use
- FlowhiveAI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services solely in the manner permitted by these Terms.
- You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof; or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
- You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties
- You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
- You may not access the Services for the purpose of bringing an intellectual property infringement claim against FlowhiveAI or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.
- You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or FlowhiveAI, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any malware, viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
- You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
6. Pricing Terms
- Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage in excess of these limits may require purchase of additional resources and the payment of fees. Please see FlowhiveAI’s Pricing Terms for details regarding pricing for the Services.
7. Privacy
- These Services are provided in accordance with our Privacy Policy, Pricing Policy and our Cookie Policy. You agree to the use of your User Content and personal information in accordance with these Terms and FlowhiveAI's Privacy Policy.
- You agree to protect the privacy and legal rights of your Authorized Users and any end users or third parties involved in the creation of your User Content. To the extent that your User Content and/or use of the Services requires compliance with specialized data privacy laws (e.g. FERPA, COPPA, HIPAA, etc.), you understand and agree that you are solely responsible for compliance with such laws.
- Notwithstanding anything to the contrary, in the event you use the Services as an organization, you agree to permit FlowhiveAI to identify you as a customer and to use your name and/or logo in FlowhiveAI’s website and marketing materials.
8. Modification and Termination of Services
- FlowhiveAI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that FlowhiveAI is constantly innovating and that the form and nature of the Services may change. For significant changes that could materially affect your use of the Services, we will provide reasonable prior notice. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
- You may terminate these Terms at any time by canceling your account on the Services. If you terminate your account, you may be entitled to a pro-rata refund for any prepaid but unused portion of the Services, unless the termination is due to your breach of these Terms. FlowhiveAI may terminate your account for good cause (aus wichtigem Grund), such as a material breach of these Terms. Except in cases of severe breach where immediate termination is justified, we will provide you with prior notice and an opportunity to remedy the issue.
- You agree that FlowhiveAI, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that FlowhiveAI will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
- Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. Beta Services
- We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as FlowhiveAI’s other services. Accordingly, use of any Beta Services is completely voluntary and at your sole risk. The Beta Services are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. Beta Services are made available in part so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. If we provide you any Beta Services on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Services. For any such confidential Beta Services, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Services without our prior written consent.
10. Changes to the Terms
10.1. FlowhiveAI reserves the right to amend these Terms at any time. We will notify you of any changes in text form (e.g., by email) at least four (4) weeks before the proposed changes take effect.
10.2. If you do not object to the changes within four (4) weeks of receiving the notification, your continued use of the Services will be deemed as your consent to the revised Terms. We will specifically inform you of this consequence in the notification email.
10.3. If you object to the changes, the contractual relationship will continue under the existing terms. In this case, we reserve the right to terminate the contract extraordinarily with a reasonable notice period.
11. Warranty and Liability
11.1. Warranty: FlowhiveAI shall provide the Services in accordance with the agreed specifications. The statutory warranty rights (Gewährleistungsrechte) of the German Civil Code (BGB) apply. The "as is" provision of Beta Services remains unaffected as described in Section 9.
11.2. Unlimited Liability: We are liable without limitation for damages resulting from injury to life, body, or health, as well as for damages arising from intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) by FlowhiveAI, its legal representatives, or vicarious agents. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
11.3. Limitation of Liability for Ordinary Negligence: In cases of ordinary negligence (einfache Fahrlässigkeit), FlowhiveAI shall only be liable for the breach of essential contractual obligations (wesentliche Vertragspflichten or "Kardinalpflichten"). Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance you may regularly rely.
11.4. Cap on Liability: In the event of a breach of an essential contractual obligation due to ordinary negligence, our liability shall be limited to the typically foreseeable damage at the time the contract was concluded. For the avoidance of doubt, our total liability for all damages, losses, and causes of action arising from such a breach in any contract year shall not exceed the amount you have actually paid for the Services in the preceding twelve (12) months, or one hundred euros (€100.00), whichever is greater.
11.5. Further Liability: Any further liability for damages is excluded.
13. Indemnification
- You agree to hold harmless and indemnify FlowhiveAI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “FlowhiveAI and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- In any cases of indemnification , FlowhiveAI shall be free, in consultation with you to conduct the defense against the claims raised by third parties in its own name. This also includes the authority to conclude settlements. The indemnification given in this contract shall also include any legal costs incurred by FlowhiveAI or third party beneficiaries and shall not affect any further claims for damages by FlowhiveAI or third party beneficiaries. In particular, you shall be obliged to support FlowhiveAI to the best of its ability in judicial or extrajudicial defense, to provide information, to make documents available, etc. upon first request.
14. Copyright Policy
- We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
- DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” - Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Copyright Agent
Jaden Data GmbH
Goethestr. 67a
10625 Berlin, Germany.
15. Third-Party Content and Materials
- You may be able to access or use third party websites, resources, content, communications or information (“Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and FlowhiveAI disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.
- You acknowledge and agree that FlowhiveAI: (a) is not responsible for the availability or accuracy of such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.
- You agree to indemnify FlowhiveAI regardless of fault, upon first request against all claims of third parties which they assert against FlowhiveAI because the customer infringes the rights of third party Content and Materials.
16. Third Party Software
- The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
- You warrant not to infringe the terms and conditions of a third party provider listed herein. You agree to indemnify, FlowhiveAI regardless of fault, upon first request against all claims of third parties which they assert against FlowhiveAI because the customer infringes the rights of third party software
- A list of Third Party Software Can be found below:
17. Feedback
- You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FlowhiveAI under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone. Further, you warrant that your feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any products or services that incorporate any of your feedback.
18. Right of Withdrawal
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Jaden Data GmbH, Goethestr. 67a, 10625 Berlin, Germany, Email: info@jadendata.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To: Jaden Data GmbH, Goethestr. 67a, 10625 Berlin, Germany, Email: info@jadendata.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (), Ordered on ()/received on (), Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date () Delete as appropriate.
Premature Expiry of the Right of Withdrawal
In the case of a contract for the provision of services, the right of withdrawal shall expire if we have provided the service in full and have only started with the provision of the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by us.
Business customers do not have the right of withdrawal.
19. Governing Law, Jurisdiction, and Dispute Resolution
- Governing Law: These Terms and all legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Jurisdiction for Business Customers: If you are a business (Unternehmer), the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Berlin, Germany.
- Jurisdiction for Consumers: If you are a consumer (Verbraucher), the statutory provisions on jurisdiction shall apply. You may bring a claim in the courts of the place where you are domiciled.
- 19.4. Online Dispute Resolution for Consumers: The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
20. Contact Us
- If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: info@jadendata.com
- When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.
Imprint / Impressum
Jaden Data GmbH
Goethestr. 67a
10625 Berlin
Germany
Represented by Managing Director, Dr. Marcel Müller