User agreement for Octaved-Flow in the cloud (SaaS)

These Terms of Use govern the use of the Octaved Flow software (“Flow”) and the associated services of h.com networkers GmbH (“h.com”), Düsseldorf (“we”, “us” or “our”). By using our software, you agree to these terms of use. If you do not agree to these terms, you may not use the software.

By creating an account for Octaved Flow (the registration) at app.flow.octaved.com (the domain), you (the user) accept the following terms of use.

h.com reserves the right to change the Terms of Use at any time and without giving reasons in a manner that is reasonable for the user. The domain will always contain the latest version of the Terms of Use, which is indicated by the date.

The subject matter of the contract is the provision of Octaved Flow in the Software-as-a-Service (SaaS) model for use via the Internet and the storage and processing of the user's data (data hosting).

The contract between h.com and the user is deemed formed when the user registers with Flow on the domain. The contract begins when the customer signs up. In special cases, a start date is agreed in accordance with the offer. The contract has a term of one year and is automatically extended by a further year if it is not terminated in writing.

Upgrades and extensions of licenses for Flow are possible at any time. Additional licenses that are activated in the software during the year are charged pro rata for the period from the activation date to the end of the respective contract year.

In the MAU model (“Monthly Active Users”), the license is only due for those customer users who use Octaved Flow at least once in the respective month. Invoicing takes place in the following month. The license for customer users includes the license for use and provision in the cloud.

Licenses purchased within the contract year are valid from the date of purchase until the end of the period specified under “Service period”.

Discounts are calculated as follows: License purchased in the 1st quarter of the contract year 0% discount, in the 2nd quarter 25% discount, in the 3rd quarter 50% discount, in the 4th quarter 75% discount.

Flow is intended for commercial users (B2B). By activating the license, the user confirms that he will use Flow exclusively for business purposes.

After registration, the user will receive their own account in Flow. h.com prohibits the use of generic e-mail addresses for registration (e.g. info@user.com, marketing@user.com). Registration must be done with a personal e-mail address, unless the generic e-mail address is used by a precisely defined person and this has been agreed with us.

The user is obliged to purchase and use one license per user. h.com does not permit licenses and accounts to be used by more than one person or to be used in any other way.

2.5.1 Virtual users When creating virtual users, there is no requirement for a personal e-mail address.

Flow may only be used for the intended purposes and in accordance with the documentation. The user may not modify, copy, decompile, disassemble, reverse engineer or otherwise alter Flow without authorization.

The user undertakes to refrain from misusing the software. Misuse is deemed to have occurred in particular if the user: (a) upload data to the system that contains a computer virus; and (b) uses the software in a way that negatively affects the availability of the software for other users.

In the event that the user breaches the Terms of Use, the user undertakes to indemnify us against all damages, including claims by third parties and consequential costs of any kind.

The user undertakes to take appropriate measures to prevent unauthorized access to the software by third parties. This includes in particular, but not exclusively, keeping the password secret and not passing it on to third parties, making it accessible or negligently disclosing it. The user must also inform his employees of this. The user is responsible for entering and maintaining the data and information required to use the SaaS service.

By registering for the trial version of Flow on the domain, the user acknowledges that the data stored in the trial version will be immediately and irrevocably lost if the trial version expires and no subscription is taken out for the continued use of Flow. Upon expiry of the trial version, the user agrees to the destruction of all data and waives the right to export or otherwise store the data. The user is responsible for the irreversible loss of data or other information stored on Flow with the trial version.

h.com shall make Flow available to the user for use in the current version via the Internet until the license expires, is terminated or otherwise ended. All rights of use not expressly granted shall remain with h.com or the respective rights holder.

h.com reserves the right to update, improve, modify or otherwise change Flow at any time. These changes may include, but are not limited to, new features, security updates or improvements.

These updates will be provided by h.com free of charge, unless otherwise agreed with the user.

h.com continuously monitors the functionality of the software and eliminates all software errors that restrict the use of the software or make it impossible within the scope of technical possibilities.

h.com guarantees a daily backup; further information on data security can be obtained directly from us.

h.com does not guarantee uninterrupted availability of Flow. We work according to the best available technology and try to avoid failures and problems, but we cannot guarantee this. However, we endeavor to provide the software continuously and to rectify any failures as quickly as possible.

The user is responsible for ensuring that Flow is used on a suitable device and that the use of Flow is in accordance with applicable laws. The user may not use Flow for illegal purposes or in a way that infringes the rights of third parties. Should Flow be used for such purposes, h.com reserves the right to terminate the license immediately and irrevocably. The user undertakes not to upload any illegal documents or otherwise prohibited files to Flow, in particular no files or documents that the user is not authorized to use or exploit. This includes anything that is legally considered illegal.

h.com shall not be liable for damages resulting from the use of Flow, unless these are based on intentional or grossly negligent behavior on the part of h.com. Liability for indirect damages, consequential damages, loss of profit or other losses arising from the use of Flow, in connection with our domains, from advice given by employees of h.com or other persons associated with h.com is excluded. In the event of repeated problems, h.com is only liable once and not if problems occur repeatedly. This exclusion of liability applies to the extent permitted by law and in no event shall h.com be liable for more than €100.

Flow licenses must be cancelled at least one month before the end of the contract, otherwise the license will be extended by one year at the user's expense. This shall take place without notification by h.com. By using Flow, the user undertakes to cancel the licenses themselves at the correct time and understands that the user is responsible for all costs incurred if the cancellation is made too late.

Licenses can be cancelled individually, which only terminates access for a specific user, or for all users, which is equivalent to terminating the contract. Downgrades from higher to lower license levels must also be carried out in the same way. The change of license level must be communicated to h.com one month before the end of the year, otherwise the license will be extended for another year at the previous level and the user must continue to bear all costs.

The user may terminate the license(s) of Flow extraordinarily if too many failures or bugs occur during the use of the software over a longer period of time, which are not actively remedied by h.com and which by their existence hinder and impair the user's work in such a way that the user's profit is severely affected. h.com will not refund any amounts already paid in such a case, only the amounts from the time of the extraordinary termination until the regular end of the contract will be taken into account.

h.com has the right to terminate the contract with the user extraordinarily if the user uses Flow in a way that is no longer in accordance with the applicable laws. This includes, but is not limited to, criminal purposes, criminal associations, right-wing extremist purposes, otherwise radical purposes and other prohibited purposes. In such cases, h.com reserves the right to terminate the user's licenses without notice and not to refund any amounts already paid.

An extraordinary termination must be submitted in writing and clearly marked as a termination. If this is not done, h.com has the right to retain and not refund all amounts until written notice of termination is received.

Upon termination for cause, the user will immediately lose access to Flow.

Should any provision of these Terms of Use be invalid, the remaining provisions shall remain valid. Amendments or additions to these Terms of Use must be made in writing and accepted by h.com.

In the event of disputes between the user and h.com, we are not obliged to first attempt an out-of-court settlement of the dispute by an independent arbitration board.

These terms of use are subject to the law of the Federal Republic of Germany; the place of jurisdiction is Düsseldorf.

h.com networkers GmbH
Schäferstaße 4, 40479 Düsseldorf
www.hcom.de

Last updated: 16.08.2024