1) Who We Are

Flowmesh.net, Romania, Bucharest

Hosting: The Website is hosted in Germany (EU).

2) Scope of the Website

• The Website provides information about Services, educational content, and a way to contact us/subscribe to the newsletter.
• We may update or remove content at any time.
• We use reasonable care to keep the Website available and accurate, but we do not guarantee uninterrupted or error-free operation.

For how we handle personal data and cookies, see our Privacy Policy and Cookie Policy.

3) Services (Consulting, Implementation, Support)

• Services consist of analysis, design and implementation of workflow automation that runs on your infrastructure (your apps, cloud accounts, servers).
• Services are described in an order, proposal, email confirmation, or statement of work (“SOW”). If these Terms conflict with an executed SOW, the SOW prevails.
• Unless otherwise agreed, we do not provide 24/7 monitoring, hosting, or managed operations.

4) Your Responsibilities

• Provide accurate information, timely access, and a designated contact person.
• Maintain valid licenses for third-party tools used in your workflows.
• Own and control access to your systems; create and disable accounts as needed.
• Test and accept deliverables without undue delay; report issues with sufficient detail.
• Use the workflows in compliance with applicable law (including data protection).

5) Fees, Payments, Merchant of Record

• Fees are as stated in the order/SOW. Unless noted otherwise, prices exclude taxes.
• We may use third-party payment platforms (e.g., Stripe, PayPal) or marketplaces/Merchant-of-Record (e.g., Gumroad, Deel, Upwork, etc.). In those cases, you agree to their terms and fees, and they may issue the receipt/invoice in their name.
• For direct invoicing, payments are due within 7 days from invoice date. Late payments may pause work and accrue late fees as permitted by law.
• Deposits/retainers are non-refundable unless stated otherwise.

6) Intellectual Property & Licensing

Background IP. All pre-existing materials, templates, connectors, scripts, workflow blocks, documentation and know-how developed by or for Flowmesh before or outside the project (“Background IP”) remain our exclusive property.

Developed Materials (Workflows). Any workflows/automations, configurations, scripts, playbooks and documentation created by Flowmesh while delivering the Services (“Developed Materials”) remain the property of Flowmesh. Upon full payment, you receive a non-exclusive, non-transferable, perpetual, worldwide license to use the Developed Materials internally within your organization. You may not resell, publish, sublicense, or disclose the Developed Materials to third parties, except to your contractors who work for you and are bound by confidentiality.

Client Data. All data and materials you supply (“Client Data”) remain yours. We do not obtain ownership of Client Data.

Reuse of Know-How. We may reuse general concepts, methods, and generic components learned or created during the project, provided we do not disclose your confidential information or personal data.

Third-Party Software. Third-party software used in workflows is licensed separately by its provider; you must hold appropriate licenses.

7) Confidentiality

Each party will keep the other’s non-public information confidential, use it only to perform the contract, and protect it with reasonable measures. Exceptions include information that is public, independently developed, or obtained from a third party without breach. We may disclose if required by law, after giving notice when legally permitted.

8) Data Protection

• Website and marketing activities are covered in our Privacy Policy. The Website is hosted in Germany (EU) and we strive for GDPR compliance.
• If we process personal data on your behalf while providing Services (e.g., during support), we will do so under a separate Data Processing Addendum (DPA).
• We do not routinely host or store Client Data; your workflows run on your systems.

9) Third-Party Services & Integrations

• Workflows can interact with your third-party apps (forms, email, files, spreadsheets, messaging, etc.). Their availability, API limits, and pricing are outside our control.
• Website protections and analytics may include services like Google reCAPTCHA and Site Kit by Google. reCAPTCHA is used for security and is subject to Google’s Privacy Policy and Terms.
• We are not liable for third-party outages, rate limits, policy changes, or data loss on third-party platforms.

10) Changes, Out-of-Scope & Acceptance

• Requests outside the agreed scope may require a change order and additional fees.
• Deliverables are deemed accepted upon the earliest of: (i) your written acceptance; (ii) first productive use; or (iii) 7 days after delivery if no material issues are reported.

11) Warranties & Disclaimers

• We warrant that we will provide Services with reasonable skill and care.
• Except as stated, the Website and Services are provided “as is”. We disclaim all other warranties, express or implied, including fitness for a particular purpose and non-infringement.
• We do not warrant uninterrupted or error-free operation, or compatibility with every environment.

12) Limitation of Liability

• To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages; or loss of profits, revenue, data, or business.
• Each party’s total liability arising out of or related to the Services or these Terms is limited to the amounts paid by you for the specific Services giving rise to the claim in the 6 months preceding the event. This cap does not apply to unpaid fees, confidentiality breaches, or infringement of the IP license restrictions.

13) Indemnity

You shall defend and indemnify Flowmesh from third-party claims arising from your unlawful use of the Services, violation of these Terms, or infringement caused by your configurations, data, or instructions.

14) Suspension & Termination

• We may suspend the Website or Services to address security risks, legal requirements, or non-payment.
• Either party may terminate for material breach if not cured within 10 days of written notice.
• On termination, accrued fees remain due. Your license to Developed Materials survives if fees are fully paid.

15) Acceptable Use

You agree not to misuse the Website or Services (e.g., introducing malware, attempting unauthorized access, sending unlawful content, or violating third-party rights). We may block or remove content that violates law or these Terms.

16) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., internet or hosting outages, acts of God, war, government action, labor disputes), provided the affected party uses reasonable efforts to mitigate.

17) Publicity

We may list your company name and logo as a client (no confidential details) unless you object in writing. Case studies require your prior approval.

18) Changes to These Terms

We may update these Terms. The “Last updated” date indicates the latest version. For material changes, we will provide reasonable notice (e.g., on the Website). Continued use of the Website or Services after changes constitutes acceptance.

19) Governing Law & Disputes

These Terms are governed by the laws of Romania, without regard to conflict of laws. The courts of Bucharest shall have exclusive jurisdiction. If you are a consumer and mandatory local law provides otherwise, those rights are not affected.

20) Contact

For questions about these Terms, please use our contact form: Contact.