Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• “Provider”, “Flowent”, “we”, “us” means Luis Ens – Flowent, a sole proprietorship established in Germany, Am Neugraben 9, 79112 Freiburg, Germany.
• “Customer”, “you” means the business entity (or person acting in a commercial or self-employed professional capacity) that registers for or uses the Service.
• “Service” means the Flowent AI Studio platform, including AI agents, the visual pipeline/workflow builder, voice integration, dashboards, APIs, and related documentation.
• “AI Output” means any content generated by the AI agents or models made available through the Service.
• “Customer Data” means data, content, and instructions submitted to the Service by or on behalf of the Customer.
• “Subscription” means a paid plan for access to the Service for a defined billing term.

2. Account and Eligibility (Business Customers Only)

The Service is offered exclusively to businesses (B2B) and not to consumers. By registering, you represent and warrant that you are acting in the exercise of your commercial or self-employed professional activity (an entrepreneur within the meaning of § 14 of the German Civil Code, BGB) and not as a consumer (§ 13 BGB). Consumers are excluded from use of the Service.

A contract is formed when you register on the platform and confirm your email address, or when you register through a third-party login (OAuth/SSO). Registration requires a valid email address and a secure password, or a supported third-party login. You must be at least 18 years old and authorized to bind the business you represent.

You are responsible for keeping your credentials confidential and for protecting them against access by third parties. You are responsible for all activity under your account, including the use of secure passwords and, where offered, the activation of two-factor authentication. All prices are net, exclusive of statutory value-added tax (VAT).

3. License and Subscription

Subject to these Terms and timely payment of applicable fees, Flowent grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for the Customer’s internal business purposes during the Subscription term. The Service includes:

• Access to specialized AI agents for various business functions
• Creation and management of automated workflows (pipelines)
• Conversational interaction with AI agents, including tool calls
• Dashboards and analytics for monitoring usage and costs
• Optional integrations with third-party services connected by the Customer (e.g., HubSpot, Notion, Dropbox, Airtable, Intercom, Microsoft 365, Google Workspace, Slack)

Flowent reserves the right to further develop and improve the Service, provided the essential functionalities are preserved. Material reductions of functionality will be announced with at least four (4) weeks’ notice. Flowent may offer free trials or free-tier offerings at its discretion; the scope and duration of such offerings are communicated separately, and there is no entitlement to permanent free service.

As between the parties, AI Output generated for the Customer may be used freely by the Customer within its business activity. Flowent does not claim independent usage or exploitation rights to AI Output. There is no entitlement to exclusivity of AI Output: because the underlying models are probabilistic, similar or identical results may be generated for other users.

4. Acceptable Use

You agree to use the Service only in compliance with these Terms and all applicable laws. Without limitation, you must not, and must not permit any third party to:

• Use the AI agents to generate unlawful, discriminatory, defamatory, deceptive, infringing, or otherwise harmful content
• Submit automated mass requests exceeding agreed fair-use limits (token limits)
• Circumvent, disable, or interfere with security or rate-limiting mechanisms of the Service
• Share credentials with unauthorized third parties or operate multiple accounts to evade limits
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent such restriction is prohibited by applicable mandatory law
• Use the Service for high-risk applications within the meaning of Annex III of Regulation (EU) 2024/1689 (the EU AI Act), including recruiting/HR screening or scoring of applicants or employees, credit or creditworthiness scoring of natural persons, emotion recognition in the workplace or in educational settings, or biometric identification or categorization of natural persons
• Use voice synthesis to impersonate any natural person without authorization, or otherwise misuse biometric, voice, or likeness data

In the event of violations, Flowent may temporarily or permanently suspend your access. Further remedies (including claims for damages) are reserved.

5. Outbound Calls, Recording, and Consent

Where you use the Service to initiate outbound calls (including outbound campaigns) or to record calls, you are solely responsible for obtaining all required consents and for compliance with all applicable telecommunications, anti-spam, and recording laws in every jurisdiction in which calls are placed or received. In particular, you represent and warrant that:

• United States – TCPA: Before any call or text using an automated system or an artificial or prerecorded voice, you have obtained the recipient’s prior express written consent where required under the U.S. Telephone Consumer Protection Act (TCPA) and its implementing regulations, and you do not place unlawful robocalls.
• Call-recording consent: You obtain the consent of all required parties before recording, including in all-party (two-party) consent jurisdictions, and you do not circumvent any recording-disclosure notice played by the Service.
• Germany / EU: For outbound calls covered by German and EU law, you hold and can evidence the prior express consent required under § 7 of the German Act Against Unfair Competition (UWG) and obtain recording consent under § 201 of the German Criminal Code (StGB) and Articles 6/9 GDPR.
• Do-Not-Call: You maintain and honor do-not-call lists, opt-outs, and similar suppression obligations.

Unsolicited robocalling, automated telephone marketing without valid consent, and recording without the required consent are prohibited.

AI disclosure is provided as a non-disableable notice at the start of voice conversations in accordance with Article 50 of the EU AI Act. You must not circumvent this disclosure.

6. AI-Generated Content

The Service provides AI-assisted tools (“AI agents”) based on third-party language models. The AI agents are a tool only and do not replace professional advice. AI Output may be inaccurate, incomplete, outdated, or fabricated (so-called “hallucinations”).

No professional advice. AI Output does not constitute legal, tax, financial, medical, or other professional advice. You must not rely on AI Output as a substitute for advice from a qualified professional.

Human review required. You are responsible for independently reviewing all AI Output for accuracy, completeness, and suitability before using it – in particular for texts, analyses, code, contract drafts, and strategic recommendations. You bear sole responsibility for approving, monitoring, and controlling automated processes (pipelines) on the Service, and we strongly recommend using the built-in approval mechanisms (human-in-the-loop, approval nodes) for business-critical workflows.

AI provider routing. In the voice path (telephony), LLM inference and post-call summarization run exclusively via Anthropic through AWS Bedrock EU (eu-central-1, Frankfurt). For the text-chat agents on the web, OpenAI, Inc. (USA, EU-US DPF + SCC) is used; OpenAI is NOT used in the voice path. Customer data is not used to train the underlying AI models; data is processed solely to perform the contracted service (inference).

To the maximum extent permitted by law, Flowent assumes no liability for factual errors, inaccuracies, or hallucinations in AI Output; for outdated or incomplete information in AI agent responses; for damage caused by the uncontrolled execution of automated workflows; or for decisions you make on the basis of AI Output. Flowent does not warrant that AI Output is free of third-party rights (in particular copyright or trademark rights); you are responsible for checking and respecting such rights before reusing AI Output.

7. Fees, Auto-Renewal, and Cancellation

Paid plans are billed monthly or annually depending on the selected plan. Current prices are available on our website. All prices are net, exclusive of statutory VAT. Unless otherwise agreed:

• Fees are payable in advance for the applicable billing term
• Payment is processed via our payment service provider Stripe (credit card, SEPA direct debit, or bank transfer)
• In the event of payment default, Flowent may restrict access to the Service after a reminder

Automatic renewal. Monthly plans renew monthly and may be cancelled with effect to the end of the calendar month. Annual plans have a 12-month term and renew automatically for successive 12-month terms unless cancelled with 30 days’ notice before the end of the then-current term. As this is a B2B contract with entrepreneurs (§ 14 BGB), § 309 No. 9 BGB does not apply.

Cancel anytime. You can cancel at any time in your account settings; cancellation in text form (email is sufficient) is also accepted. Your subscription will then not renew at the end of the current billing term. The right to extraordinary termination for good cause remains unaffected.

Flowent may adjust prices with at least four (4) weeks’ notice effective from the next billing period, in particular due to increased costs for AI model API usage, infrastructure, or legal requirements. Price increases of more than 10% entitle you to extraordinary cancellation effective as of the date the increase takes effect. Account and contract data are deleted no later than 30 days after the contract ends; call recordings and transcripts are deleted automatically per the configured retention period (default 90 days). Statutory retention obligations remain unaffected. You may request an export of your data before the contract ends.

8. Warranty Disclaimer

Some jurisdictions do not allow the exclusion of certain warranties or implied terms. Nothing in this section excludes or limits any warranty, right, or remedy that may not be excluded or limited under applicable mandatory law.

9. Limitation of Liability

Carve-outs. The limitations and exclusions above do not apply to, and nothing in these Terms excludes or limits, liability that cannot be excluded or limited under applicable mandatory law. Under German law, Flowent remains liable without limitation for damages arising from injury to life, body, or health, and for intent and gross negligence (§ 309 No. 7 lit. a and lit. b BGB). For ordinary (slight) negligence, Flowent is liable only for the breach of essential contractual obligations (cardinal obligations), and in that case liability is limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

Liability for the availability of the Service follows the service-level provisions set out in our AGB. The liability limitations for AI-generated content under Section 6 of these Terms remain unaffected.

10. Indemnification by the Customer

You will defend, indemnify, and hold harmless Flowent and its affiliates from and against any and all third-party claims, regulatory actions, fines, penalties, damages, losses, and reasonable legal-defense costs arising out of or related to:

• Your outbound calls, messaging, or recordings, including any missing or invalid consents (TCPA, all-party recording consent, § 7 UWG, § 201 StGB, GDPR) and unlawful cold-calling or robocalling
• Your violation of personality, voice, likeness, name, trademark, or copyright rights, or any misuse of voice synthesis (voice impersonation)
• Your use of the Service for prohibited high-risk applications under Section 4, or any misuse of biometric, voice, or likeness data
• Your Customer Data or content, including any claim that it infringes or misappropriates the rights of a third party or violates applicable law
• Your breach of these Terms or of applicable law

This indemnity applies to the maximum extent permitted by applicable law and does not limit any other remedy available to Flowent.

11. Export Control and Sanctions

The Service may be subject to export-control and economic-sanctions laws, including those administered by the European Union and by the U.S. Office of Foreign Assets Control (OFAC). By using the Service, you represent and warrant that:

• You, your affiliates, and your beneficial owners are not the subject or target of any sanctions and are not listed on any applicable restricted-party or denied-persons list (including OFAC’s SDN list or EU consolidated sanctions lists)
• You are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive embargoes or sanctions
• You will not use, export, re-export, or transfer the Service in violation of any applicable export-control or sanctions law

You will not use the Service for any purpose prohibited by applicable export-control or sanctions law. We may suspend or terminate access where required to comply with such laws.

12. Data Protection and Privacy

Processing of personal data is governed by our Privacy Policy. Primary data and the database are hosted in the EU (Ireland – Supabase), with call audio stored in the EU (Cloudflare R2). Where Flowent processes personal data on the Customer’s behalf, the parties enter into a data processing agreement under Article 28 GDPR, available at flowent.de/avv. Voice STT is provided by Deepgram (EU endpoint); voice TTS by Fish Audio (Singapore, SCC) as primary and ElevenLabs/Cartesia (USA, SCC) as fallback; telephony transport by Telnyx (USA, SCC). Optional, user-connected integration subprocessors include HubSpot, Notion, Dropbox, Airtable, Intercom, Microsoft 365, Google Workspace, and Slack.

CCPA/CPRA. We do not sell or share personal information, and we do not use personal information for cross-context behavioral advertising. We honor the Global Privacy Control (GPC) browser signal as a valid opt-out request. You can review and exercise these choices on our Your Privacy Choices page.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is Freiburg im Breisgau, Germany.

Where mandatory consumer-protection rules or other mandatory provisions of the law of the Customer’s habitual residence would apply and may not be derogated from by agreement, those protections remain unaffected. If any provision of these Terms is or becomes invalid in whole or in part, the validity of the remaining provisions is not affected; the invalid provision is replaced by a valid provision that most closely reflects its economic purpose.

14. Changes to These Terms

Flowent may amend these Terms with at least six (6) weeks’ notice before the intended effective date. You will be notified of changes by email. Your continued use of the Service after the changes take effect constitutes acceptance. If you object within the notice period, both parties have a right of extraordinary termination effective as of the date the change takes effect. Amendments must be in text form.

15. Contact

Luis Ens – Flowent (sole proprietorship)
Am Neugraben 9, 79112 Freiburg, Germany
Email: anfrage@flowent.de
See also our Impressum (legal notice).