Terms and Conditions
Status: August 2026
1. Scope of Application
These Terms and Conditions govern the booking and utilization, including trial usage, of services offered by Heyflow GmbH, Jungfernstieg 49, 20354 Hamburg, Germany, registered with the Commercial Register under HRB 161040, hereinafter referred to as "Heyflow," "we," or "us." For all correspondence, please contact: [email protected].
Our services are exclusively intended for enterprises or individuals acting in a commercial or professional capacity.
2. Definitions
2.1. Funnel: A web-based interactive form used to capture preferences or interests in specific products and services.
2.2. Customer: Any individual or entity utilizing Heyflow's services.
2.3. End User: Refers to an individual who interacts with or uses a Funnel provided by a Heyflow customer as part of that customer’s communication or services.
2.4. Visit: An instance in which an End User accesses a Funnel.
2.5. Response: A Response is defined as information provided by an End User and actively submitted through a Funnel. Each submission is counted as one response.
2.6. Partial Submits: An optional functionality which, when activated for a Funnel, causes multiple submissions made by the same End User within a single Funnel session to be combined and counted as a single Response, rather than being counted separately.
2.7. Response Handler: An optional integration which a Customer may configure and activate and which, when active, forwards Responses to the configured target system.
2.8. First-in First-out (FIFO): Means a procedure under which additional or stored responses are processed or forwarded in the order of their original receipt.
2.9. Traffic: Refers to the number of Visits to one or more Funnels.
2.10. Trial Period: Refers to a free testing period for the Heyflow product, which may be limited by time, usage and/or functionality. During the Trial Period, users can access and use Heyflow features; however, certain features may be restricted or unavailable for security or technical reasons.
2.11. Service Contract: The paid contractual agreement between Heyflow and a Customer for the use of Heyflow's services, whether entered into directly or following a Trial Period.
2.12. Contract Month: Also referred to as a "Monthly" contract term. Refers to the period from the date and time of the contract conclusion until the same calendar day in the following month (e.g., 15 March to 15 April). If that day does not exist in the next month (e.g., 31 March), the period ends on the last calendar day of that month (e.g., 30 April). The original time of day applies (e.g., from 15 March at 15:30 to 15 April at 15:29).
2.13. Contract Quarter: Also referred to as a "Quarterly" contract term. Refers to a period of three consecutive Contract Months, calculated on the same principle set out in the Contract Month definition (e.g., from 15 March to 15 June; if the corresponding calendar day does not exist in the third month, the period ends on the last calendar day of that month).
2.14. Contract Half-Year: Also referred to as a "Semi-Annual" contract term. Refers to a period of six consecutive Contract Months, calculated on the same principle set out in the Contract Month definition (e.g., from 15 March to 15 September; if the corresponding calendar day does not exist in the sixth month, the period ends on the last calendar day of that month).
2.15. Contract Year: Also referred to as an "Annual" or "Yearly" contract term. Refers to the period from the date and time of contract conclusion until the same calendar date one year later (e.g., from 15 March 2025 at 15:30 to 15 March 2026 at 15:29), calculated on the same principle set out in the Contract Month definition. If a Contract Year commences on 29 February, the following Contract Year ends on the last day of February, in accordance with that same principle.
2.16. Contract Period: Refers to a Contract Month, Contract Quarter, Contract Half-Year, or Contract Year, depending on the agreed upon modalities in the Service Contract.
2.17. Plan: Refers to the set of features and usage volumes to which the customer has access. Heyflow offers multiple plans with varying levels of functionality, limits and prices. An up-to-date overview of all available plans can be found at https://heyflow.com/pricing/.
2.18. Bundle: A feature or set of features that can be added to a Heyflow plan to extend its functionality.
2.19. Upgrade: A change to a higher-tier plan or increased scope of service, effective immediately.
2.20. Downgrade: A change to a lower-tier plan or reduced scope of service, effective only at the end of the current Contract Period.
2.21. Heyflow Credits: A unit of consumption used to measure and limit the use of Heyflow’s features. Every interaction with Heyflow functionality can consume a certain number of Heyflow Credits. Each Plan and the free Trial Period include a specific amount of Heyflow Credits. For the current allocation per Plan, see https://heyflow.com/pricing.
2.22. Programmatic Interface: Any interface, other than the standard Heyflow web application GUI, through which a Customer or a tool acting on the Customer's instruction may access, configure, or manage the Customer's Heyflow account, including an Application Programming Interface (API), a Command Line Interface (CLI), and an MCP Integration.
2.23. MCP Integration: A Programmatic Interface established via the Model Context Protocol (MCP) or a functionally equivalent protocol, through which a third-party AI assistant (e.g., Claude or ChatGPT), operated by the Customer under the Customer's own arrangement with the relevant provider, may access the Customer's Heyflow account to view, create, edit, publish, or otherwise manage Funnels on the Customer's instruction.
2.24. AI Output: Content, design, structure, conditional logic, routing, and other configuration of a Funnel that is generated, suggested, or modified using Heyflow's own AI assistant, or a third-party AI assistant accessed via an MCP Integration or other Programmatic Interface.
2.25. Organisation: An entity within Heyflow that contains all of a Customer’s Funnels, campaigns, and team members. An Organisation allows multiple users to collaborate under a single account, with access governed by role-based permissions.
2.26. Organisation Role: The permission level assigned to a user within an Organisation, determining the user's scope of access and functionality. Each Organisation must have at least one user assigned the Owner role, which includes management of members, settings, and billing. Heyflow may define, modify, and offer additional Organisation Roles with varying functionality scopes from time to time, which will be applied in the Heyflow application.
2.27. Consumption-Based Pricing: A billing model under which a Customer's use of a metered resource (Responses, Visits/Traffic, or Heyflow Credits) in excess of the volume included in the Customer's Plan or additionally purchased Bundles within a given Contract Period is billed automatically at the applicable per-unit rate, in accordance with Section 7.15, unless additional Bundles are purchased.
3. Scope of Services, Plans, Bundles, and Additional Bookings
3.1. Heyflow offers a range of plans, each with distinct feature sets and volume limits. An up-to-date overview of all available plans and their respective limits is available at https://heyflow.com/pricing.
3.2. Certain plans allow for the optional addition of Bundles. Bundles must be explicitly added by the Customer and are not transferred automatically upon a plan change. Customers will be informed of any Bundle removal when initiating a plan change and will be prompted to reselect applicable Bundles.
3.3. Responses, Visits, and Funnels are available as additional volume bookings. Response and Visit volumes are limited per Contract Month in accordance with the selected plan or contractual agreement and may be booked as Bundles – either at the start of a subscription or during an active Service Contract. Once purchased, additional Response or Visit Bundles increase the Customer's included quota for the remainder of the current Contract Period and automatically continue to apply in each subsequent Contract Period, thereby permanently increasing the Customer's included quota, until removed. Removal of a Bundle constitutes a Downgrade and takes effect accordingly. The number of Funnels refers to the number of simultaneously published and active Funnels available under the Customer's account, which may also be increased through additional volume bookings.
3.4. Customers may choose – where offered by Heyflow – from Monthly, Quarterly, Semi-Annual, or Annual contract terms. For monthly terms, billing occurs monthly. For Quarterly, Semi-Annual, or Annual terms, the fee for the respective contract period is due in advance in a single lump sum and is settled upon payment. Monthly, Quarterly, and Semi-Annual payment options may be made available by Heyflow as time-limited promotions and do not create any continuing entitlement. Pricing is governed solely by the then-current prices at https://heyflow.com/pricing.
A change from a shorter to a longer contract term (e.g., from Monthly to Quarterly, Semi-Annual, or Annual) takes immediate effect. A change from a longer to a shorter contract term (e.g., from Annual, Semi-Annual, or Quarterly to Monthly) takes effect only after the end of the then-current contract period.
Plan Modifications and Billing
3.5. Upgrades take immediate effect if not otherwise agreed and trigger a reset of the billing cycle.
3.6. Downgrades and Bundle removals take effect at the end of the current Contract Period.
3.7. Downgrading a plan and adding Bundles simultaneously does not reset the billing cycle; bundles added are charged pro rata.
3.8. A change from a shorter to a longer contract term (e.g., from Monthly to Semi-Annual or Annual) always results in the contract period being reset, with a new contract period commencing.
3.9. When changing a plan, any previously subscribed Bundles are automatically removed. Customers must re-add desired Bundles manually.
Availability
3.10. Published flows have an average monthly uptime of at least 99.5% per contract month. The reference value is 24-hour operation. Downtimes are taken into account in full minutes when calculating availability.
3.11. If the Customer is not subject to Consumption-Based Pricing under Section 7:: further responses will not be forwarded to the defined Response Handler but will be stored in Heyflow's database. Once additional response quota is purchased, retrieval of the additional responses will occur on a First-in-First-out (FIFO) basis.
3.12. If the Customer is subject to Consumption-Based Pricing under Section 7, responses above the plan or Bundle limit continue to be forwarded and processed as configured, and are billed in accordance with Section 7.
3.13. Quota Enforcement – Temporary Unpublishing: Where a Customer's consumption of any metered resource (Responses, Visits, or Heyflow Credits) within a Contract Month exceeds their included quota by more than five precent (5%), and the Customer has neither purchased additional volume Bundles nor is subject to Consumption-Based Pricing per Section 7, Heyflow reserves the right to temporary unpublish one or more of the Customer's Funnels. Such action is a proportionate and reversible quota-enforcement measure and shall not constitute a breach of contract by Heyflow. Heyflow shall provide the Customer with prior written notice before exercising this right, except where immediate action is required to prevent disproportionate harm to the platform or other customers. Affected Funnels will be reinstated automatically at the start of the next billing cycle or immediately upon purchase of sufficient additional quota, whichever is earlier. The Customer may contest the measure in writing, and Heyflow will evaluate such submissions in good faith.
4. Customer Account, Order Process, and Contract Formation
4.1. To access our services, customers must register an account via https://app.heyflow.com/signup or another registration channel made available by Heyflow, including via a Programmatic Interface (e.g., an API, CLI, or MCP Integration), providing the information required by the applicable registration channel, which may include the customer's name, business email address, and a secure password or equivalent credential (e.g., an API key or authentication token). Acceptance of these Terms and Conditions and our Privacy Policy is mandatory regardless of the registration channel used, and must be affirmatively confirmed through the acceptance mechanism presented by that channel (e.g., a checkbox, an API parameter, or a CLI confirmation prompt). For the avoidance of doubt, acceptance confirmed through a Programmatic Interface initiated on the Customer's behalf is deemed the Customer's own acceptance, in accordance with the Customer Account section.
4.2. The contractual relationship commences with a free Trial Period, unless otherwise agreed. Following or during this period, the customer may enter into a Service Contract by selecting a plan and a desired term. The customer is required to provide billing and payment information and reconfirm acceptance of all relevant terms and policies.
5. Customer Account
5.1. Organisations and Team Access. Customers may invite additional users to collaborate within their Organisation. Each invited user is automatically assigned an Organisation Role as defined in Section 2 when accepting their invitation. The following rules apply to all Organisations:
Each Organisation must have at least one Owner. Ownership may be transferred to another user within the Organisation.
Login credentials remain strictly personal.
The Owner controls which team members may access End User data gathered through specific Funnels. Access to End User data may be restricted on a per-Funnel basis, independent of the user’s Organisation Role.
Multiple accounts created for the purpose of circumventing usage limits or accessing additional trial credits are prohibited.
5.2. Any suspicion of unauthorized access must be promptly reported to [email protected].
5.3. Customers may authorize a Programmatic Interface to access their account. Any credential or token issued for this purpose is subject to the same confidentiality obligations as account login credentials. Actions performed through a Programmatic Interface – including the creation, modification, publication, or deletion of Funnels – utilizing the Customer’s credentials, tokens, or other form of authentication, are deemed to be actions of the Customer, regardless of whether initiated directly by a Customer user, by a script or tool, or by an AI assistant acting on that user's instruction.
6. Term and Termination
6.1. Annual, Semi-Annual, and Quarterly contracts may be terminated by either party with 30 days’ notice effective at the end of the respective contract period. If timely notice of termination is not given, the contract automatically renews for the respective contract period (for Annual contracts, one year; for Semi-Annual contracts, six months; for Quarterly contracts, three months) under the then-current conditions.
6.2. Monthly contracts renew automatically unless terminated by the last day of the current Contract Month.
6.3. The right to extraordinary termination for good cause without notice shall remain unaffected.
6.4. Customers may cancel their contracts either through the account interface or in writing; cancellations by Heyflow will be issued in writing.
7. Pricing, Payment, and Payment Default
7.1. Applicable fees are specified at https://heyflow.com/pricing or per individual agreement.
7.2. Heyflow reserves the right to adjust its pricing annually. Such adjustments shall not exceed five percent (5%) of the then-current fees for the applicable service or subscription tier. Any such increase will take effect at the beginning of the next billing cycle following written notice to the customer, provided at least 30 days in advance. This adjustment reflects potential cost increases, continued product development, and increased value provided by the service.
7.3. Prices are exclusive of VAT unless otherwise stated.
7.4. Discounts may be revoked if contractual obligations or usage policies (see Section 11) are violated.
7.5. For Monthly contracts, billing occurs monthly in advance; for Quarterly contracts, quarterly in advance; for Semi-Annual contracts, semi-annually in advance; and for Annual contracts, annually in advance.
7.6. Prorated billing applies to added Bundles and volume bookings during an ongoing billing cycle.
7.7. The use of features for which the Customer pays only upon activation and per use (e.g., phone number verification) is billed monthly in arrears.
7.8. Payment methods include credit/debit card, bank transfer, or SEPA direct debit. A third-party PCI DSS Level 1 certified provider processes payments.
7.9. Failed SEPA debits incur a fee of EUR 15.
7.10. Invoices are issued electronically and made available via email or the Heyflow application interface.
7.11. Non-utilization of services does not waive the payment obligation.
7.12. If the service availability of published Funnels (see Section 3.10) is not met and the resulting shortfall is attributable to Heyflow, the Customer may deduct 5% of the monthly fee for each full percentage point of unavailability. Claims for service credit must be submitted in writing within 30 days of the affected billing period, and any approved compensation will be issued as a credit toward the subsequent billing cycle. This provision does not apply if the downtime results from failures or delays caused by third-party services or providers, or from circumstances constituting force majeure as defined in Section 16.
7.13. Non-payment may result in account suspension or deletion. If payment remains outstanding for more than two consecutive months, Heyflow reserves the right to terminate the contract entirely. Any data loss resulting from access restrictions or account termination due to non-payment is non-recoverable and shall not give rise to any claim for compensation.
7.14. All fees paid are non-refundable, including early contract terminations.
7.15. Consumption-Based Pricing. Where a Customer's use of Responses, Visits (Traffic), or Heyflow Credits exceeds the volume included in their Plan or additionally purchased Bundles within a given Contract Period, the following applies:
Customers may at any time purchase additional volume Bundles through the Heyflow application or via written agreement. Once purchased, a Bundle increases the Customer's included quota for the remainder of the current Contract Period and automatically continues to apply in each subsequent Contract Period, thereby permanently increasing the Customer's included quota, until removed. Removal of a Bundle constitutes a Downgrade and takes effect accordingly.
If no additional Bundles are purchased, such usage will be billed automatically under Consumption-Based Pricing, at the applicable per-unit rate published at https://heyflow.com/pricing.
Consumption under this Section is calculated on a Contract Month basis, regardless of the length of the Customer's Plan (e.g., Monthly, Quarterly, Semi-Annual, or Annual). Charges billed under Consumption-Based Pricing are billed in arrears (post-paid) at the end of each Contract Month in which the usage occurred, and are issued as a separate, standalone invoice independent of the invoicing cycle for the Customer's base subscription fee. Such charges are subject to the same payment terms as the base subscription fee.
All charges billed under Consumption-Based Pricing are non-refundable.
Heyflow will use commercially reasonable efforts to provide notifications when a Customer approaches or reaches their included quota.
8. Intellectual Property and Licensing
8.1. Heyflow retains full ownership of all intellectual property associated with its services. Customers are granted a limited, non-exclusive, non-sublicensable license to use the services within the agreed contractual scope and duration.
8.2. Heyflow may use customer-generated Funnels – including their structure, design, configuration, and content – for development, optimization, and AI model training and improvement purposes. Heyflow does not claim ownership over customer-uploaded content or user-generated data. For the avoidance of doubt, this does not include, and Heyflow will not under any circumstances use, personal data submitted by End Users through a Funnel (Responses) for the training, fine-tuning, or improvement of any AI model.
8.3. AI features rely on third-party model providers. Heyflow does not warrant the continuous availability, accuracy or output of these providers and is not liable for interruptions, changes or discontinuation attributable to them. This applies equally to AI Output. Processing by such providers is governed by the Data Processing Addendum, including applicable Standard Contractual Clauses, and the relevant provider(s) are listed among the sub-processors in Annex 3 of the Data Processing Addendum.
9. Liability Disclaimer and Limitation
9.1. Heyflow's liability for damages, where fault is relevant, is subject to the limitations set out in this Section 9.
9.2. Heyflow is not liable for simple negligence by its executive bodies, legal representatives, employees, or agents unless such negligence results in a breach of essential contractual obligations. These essential obligations include:
Timely provision of Heyflow’s services,
Freedom from legal defects,
Functional and usable service performance, and
Duties of care intended to protect the Customer’s personnel or property or ensure proper contractual use of the services.
9.3. Where Heyflow is found liable under Section 9.2, such liability is limited to damages that were foreseeable at the time the contract was concluded, or that could have been reasonably foreseen through the exercise of ordinary care, and is capped at an amount equal to the net fees actually paid by the Customer to Heyflow under the applicable Service Contract in the twelve (12) months immediately preceding the event giving rise to the claim. Heyflow shall not be liable for indirect or consequential damages – including but not limited to loss of profits, lost business opportunities, loss of data, or reputational harm – unless such damages were both typical for the type of contract and objectively foreseeable in the specific case. In no event shall Heyflow be liable for remote, incidental, or speculative damages.
9.4. The limitations and exclusions set out in this Section 9 do not apply in cases of intentional misconduct or gross negligence by Heyflow's directors or senior managers, or to the extent such limitation is not permitted under applicable mandatory law.
9.5. All liability exclusions and limitations also apply to Heyflow’s corporate bodies, representatives, employees, and agents.
9.6. This clause does not affect any statutory rights the Customer may have in case of defects.
9.7. Heyflow is not liable for content created by Customers.
9.8. If Customers incorporate third-party copyrighted materials – such as images, fonts, templates, audio, or video – into their Funnels, they are solely responsible for compliance with the applicable license terms and notices. Heyflow disclaims all liability for any Customer breach of such license conditions.
9.9. AI Output may contain errors, inaccuracies, or unintended changes — including to content, conditional logic, routing, or Funnel behavior — and should not be relied upon without human review and testing. Heyflow does not guarantee that AI Output will be error-free, unique, or suitable for any particular purpose, or that it will achieve any particular result.
9.10. Heyflow Credits consumed in generating AI Output are non-refundable and non-restorable, including where the AI Output is erroneous, incomplete, or must be regenerated, except where applicable law requires otherwise.
9.11. Heyflow is not liable for actions, errors, or omissions of a third-party AI assistant connected via an MCP Integration or similar means, as the assistant's interpretation and execution of the Customer's instructions occur outside Heyflow's control. More generally, Heyflow is not liable for errors or unintended actions resulting from a Customer's own use, configuration, or scripting of any Programmatic Interface. This includes sensitive actions such as publishing a Funnel. While AI systems are instructed to seek user confirmation before executing sensitive actions, the non-deterministic nature of AI systems does not guarantee adherence. Heyflow does not assume liability for any action – deliberate or not – performed by such non-deterministic systems.
9.12. The Customer is responsible to ensure rightful use of the content uploaded or otherwise generated by AI.
10. Use of Logos and Case Studies
10.1. Where contractually agreed, Heyflow may use the Customer’s current company logo for reference purposes across all Heyflow-affiliated online platforms, including but not limited to the website, ads, and video advertisements. This usage right remains valid for up to 24 months following termination of the agreement, unless otherwise agreed in writing.
10.2. Where contractually agreed, Heyflow may also create and publish a case study featuring the Customer. The case study may include the Customer’s use case, reasons for choosing Heyflow, and the initial situation prior to engagement. It may be published in print or video format. This right remains valid for up to 24 months after contract termination. The Customer’s duties regarding support and approval of the case study will be set out separately.
11. Lawful Usage Requirements
Customers must comply with all applicable laws and Heyflow's usage policies. In particular, Customers must not:
Infringe the rights of third parties, including intellectual property and personal rights;
Create or upload unlawful content;
Access Heyflow’s services using unauthorized or illegal methods;
Bypass, disable, or interfere with security, access controls, or other protective measures provided by Heyflow, its partners, or third parties;
Access or manipulate non-public areas of Heyflow’s services, website, or infrastructure;
Falsify or tamper with metadata, metatags, hidden text, or other website information;
Obscure the origin of any content;
Copy, mirror, embed, duplicate, resell, display, or otherwise use individual elements of Heyflow’s website or services in an unauthorized manner;
Use automated scripts, bots, crawlers, or data mining tools to scrape, crawl, download, or otherwise extract or interact with Heyflow content or systems, except where such access occurs through a Programmatic Interface expressly made available by Heyflow for that purpose, and subject, in each such case, to the applicable volume limits and this Fair Use Policy;
Impersonate others or misrepresent affiliations with persons, companies, or organizations, or harass or stalk other users or third parties;
Engage in fraudulent, deceptive, or malicious activities, including phishing, scamming, or attempting to obtain sensitive information under false pretenses;
Send unsolicited or unauthorized commercial messages, chain letters, or other forms of spam;
Conduct vulnerability scans, load tests, or penetration tests on Heyflow’s website or platform without prior written consent.
Heyflow reserves the right to terminate the Customer’s contract with immediate effect in the event of any breach of the above provisions.
12. Fair Use Policy
12.1. Customers must not use the Heyflow platform in ways that deliberately circumvent usage limits or artificially distort consumption metrics through automated or deceptive means. This policy applies regardless of the plan or quota level.
12.2. Customers must not artificially inflate traffic or circumvent limits through automated means, including but not limited to bots, scripts, or repeated triggering mechanisms.
12.3. Repeated or egregious violations of this Fair Use Policy may result in suspension or termination of the Service Contract, without refund of previously paid fees.
13. Data Protection and Processing
13.1. The Customer is solely responsible for ensuring full compliance with all applicable data protection and privacy laws – including, but not limited to, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant international, national, or local regulations – when processing End User data collected via Funnels.
13.2. This includes the proper integration and use of Funnels, as well as informing End Users where required. Heyflow does not provide legal guidance on data protection compliance. Any such guidance is non-binding and does not constitute liability. This does not affect statutory liability under tort or other laws.
13.3. If Heyflow processes personal data on the Customer’s behalf, it does so under its Data Processing Addendum, attached as Addendum.
13.4. Heyflow may engage sub-processors listed in Annex 3 of the Data Processing Addendum. Any changes to sub-processors will be communicated to the Customer. Objections must be raised in writing within two (2) weeks, with justification based on material grounds. If the objection is valid, Heyflow may:
Refrain from implementing the proposed change for that specific Customer and exclude them from functionalities involving the newly added sub-processor; or
Address the objection, inform the Customer, and allow a new objection period. If no further objection is raised, or only the Customer's proposed changes are implemented, the change is accepted.
If no resolution is found, the Customer may terminate the contract within 14 days of the objection deadline.
13.5. Where a Customer connects Heyflow to a third-party AI assistant (such as Claude or ChatGPT), operated under the Customer's own account and arrangement with the relevant provider, e.g. via an MCP Integration, Heyflow does not act as a sub-processor; the assistant acts on the Customer's own instruction under the Customer's own arrangement with its provider.
13.6. Heyflow uses third-party AI providers (such as Anthropic and OpenAI) to process data as part of delivering the Service. Such providers act as sub-processors of Heyflow in that context and are, or will be, listed as such in Annex 3 of the Data Processing Addendum, subject to the sub-processor notification and objection procedure set out above. Heyflow may collect and analyze anonymized usage data (e.g., visit counts, bounce rates, device types) for service optimization. No personal data is processed in this context.
13.7. The Customer chooses where to direct Responses (via Response Handlers).
13.8. Heyflow relies on the services of the external data protection service provider Proliance GmbH
PROLIANCE GmbH
Dominik Fünkner
www.datenschutzexperte.de
Leopoldstr. 21
80802 München
[email protected]
14. Governing Law and Jurisdiction
These Terms and any related agreements are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For international contracts, the parties agree that the exclusive venue shall remain Hamburg, Germany, and that German law shall apply, excluding conflict of laws and the UN CISG.
15. Amendments
We reserve the right to amend these Terms and Conditions. Where changes are not solely to the benefit of the Customer, Heyflow will inform the Customer of the change and its effective date at least 14 days in advance. The Customer may object in writing within that period, stating their reasons. If a legitimate objection is raised and Heyflow does not resolve it, the Customer may terminate the affected Service Contract without penalty within 14 days after the objection period ends. Absent a timely objection, the amended Terms take effect as stated.
16. Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (except for payment obligations) to the extent such failure or delay is caused by events or circumstances beyond its reasonable control (“Force Majeure Event”). Such events include, but are not limited to: acts of God, natural disasters (such as floods, earthquakes, storms, or fires), war, armed conflict, terrorism, civil unrest, labor disputes or strikes, pandemics or epidemics, government actions or restrictions, embargoes, failure or delay of suppliers or subcontractors, widespread internet outages, denial-of-service attacks, cybersecurity breaches, or power or utility failures.
The party affected by a Force Majeure Event shall promptly notify the other party in writing upon becoming aware of the event and shall use commercially reasonable efforts to mitigate its effects. The suspension of performance is limited to the duration of the Force Majeure Event and the time reasonably required to resume performance.
If the Force Majeure Event continues for more than thirty (30) consecutive days and materially impairs the affected party’s ability to perform its obligations under this Agreement, either party may terminate the Agreement upon written notice to the other party, without liability for such termination.