Terms and Conditions
Valid for contracts concluded from 08.07.2025 with the Starter, Growth and Scale plans. The following General Terms and Conditions apply to all contracts concluded before 08.07.2025: Link
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 Flow: 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 Flow 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 Flow.
2.5 Response: A Response is defined as information provided by an end user and actively submitted through a Flow. Each submission is counted as one response.
2.6 Service Contract: The paid contractual agreement entered into following a trial phase.
2.7 Contract Month: Refers to the period from the date and time of 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).
2.8 Contract Year: 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).
2.9 Contract Period: Refers to a Contract Month, Contract Quarter, Contract Half-Year, or Contract Year.
2.10 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 and limits. An up-to-date overview of all available plans can be found at https://heyflow.com/pricing/.
2.11 Upgrade: A change to a higher-tier plan or increased scope of service.
2.12 Downgrade: A change to a lower-tier plan or reduced scope of service, effective only at the end of the current Contract Period.
2.13 Bundle: A feature or set of features that can be added to a Heyflow plan to extend its functionality.
2.14 Traffic: Refers to the number of Visits to one or more Flows.
2.15 Trial Period: Refers to a free testing period for the Heyflow product, which may be limited by time or usage. During the Trial Period, users can access and use Heyflow features; however, certain features may be restricted or unavailable for security or technical reasons.
3. Scope of Services, Plans, Bundles, and Additional Bookings
3.1 Heyflow offers a selection of standardized plans: Starter, Growth, Scale, and Enterprise, each comprising distinct feature sets, Flow volumes and monthly Response volumes. Plan details are provided at https://heyflow.com/pricing.
3.2 The Starter and Growth plans allow for the optional addition of feature bundles. These bundles must be explicitly added by the customer and are not transferred automatically when changing plans. Customers will be informed of the removal of existing bundles upon initiating a plan change and prompted to reselect applicable bundles.
3.3 Responses and Flows are available as additional volume bookings. The number of Responses is limited per Contract Month in accordance with the selected plan or contractual agreement. Customers may book additional Response volumes either at the start of their subscription or during the billing period; such volumes will apply for the specific Contract Month or, in the case of yearly plans, for the remaining duration of the Contract Year. Flows refer to the number of simultaneously published and active Flows available under the Customer’s account, which may also be increased through additional volume bookings.
3.4 Customers may switch between monthly and yearly contract durations. Monthly plans are billed on a monthly basis; yearly plans require full upfront payment. A change from a monthly to a yearly contract takes immediate effect. Conversely, a change from a yearly to a monthly contract becomes effective only after the current yearly term has expired.
Plan Modifications and Billing
3.5 Plan 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 monthly to annual billing will always result in a billing cycle reset.
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.
4. Customer Account, Order Process, and Contract Formation
4.1 To access our services, customers must register an account at https://app.heyflow.com/signup, providing their name, business email address, and a secure password. Acceptance of these Terms and Conditions, the Data Processing Addendum (see Annex 1), and our Privacy Policy is mandatory.
4.2 The contractual relationship commences with a free Trial Period. Following or during this period, the customer may enter into a Service Contract by selecting a plan and a desired term (monthly or annual). The customer is required to provide billing and payment information and reconfirm acceptance of all relevant terms and policies.
5. Customer Account
5.1 Accounts are strictly personal and non-transferable.
5.2 Login credentials must not be shared.
5.3 Any suspicion of unauthorized access must be promptly reported to [email protected].
5.4 Multiple accounts under a single Service Contract must be part of the respective contractual terms and require prior approval.
5.5 It is strictly prohibited to create multiple accounts to exploit the free trial offer.
6 Terms and Termination
6.1 Annual contracts may be terminated by either party with 30 days' notice prior to the end of the Contract Year. Otherwise, the contract automatically renews for another year under the then-applicable 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 inflation, 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 §11) are violated.
7.5 Monthly plans are billed monthly in advance; yearly plans are billed annually in advance.
7.6 Prorated billing applies to added bundles and volume bookings during an ongoing billing cycle.
7.7 Usage-based subscription items are 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 customer account.
7.12 Non-utilization of services does not waive the payment obligation.
7.12 If the service availability of published flows (see §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 §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 account 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.
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 Flows for development and optimization purposes. Heyflow does not claim ownership over customer-uploaded content or user-generated data.
9. Liability Disclaimer and Limitation
9.1 Heyflow’s liability for damages, where fault is relevant, is subject to the following limitations:
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.
If Heyflow is found liable under the provisions above, its liability shall be limited to those damages that were foreseeable at the time the contract was concluded, or that could have been reasonably foreseen through the exercise of ordinary care. In such cases, the total liability shall be 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. These limitations do not apply in cases of intentional misconduct or gross negligence by Heyflow’s directors or senior managers.
9.3 All liability exclusions and limitations also apply to Heyflow’s corporate bodies, representatives, employees, and agents.
9.4 This clause does not affect any statutory rights the Customer may have in case of defects.
9.5 Heyflow is not liable for content created by Customers.
9.6 If Customers use open-source libraries in their Flows, they are solely responsible for compliance with the relevant license terms and notices. Heyflow disclaims all liability for any Customer breach of open-source license conditions.
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, display 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. Customer’s obligation of lawful use
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 unless explicitly provided by Heyflow;
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. Traffic Fair Use Policy
12.1 Each Customer agrees to use the Heyflow platform in accordance with fair usage expectations for traffic. Traffic is defined as the number of Visits to one or more Flows; repeated Visits by the same individual are counted as separate Visits.
12.2 Traffic usage is monitored on a monthly basis. If the traffic volume significantly exceeds the thresholds reasonably associated with the selected plan tier or the declared business model – particularly if the account records more than 50,000 Visits per month or if the ratio of 1,000 Visits per 1 Response is exceeded – fair usage can no longer be assumed. In such cases, Heyflow reserves the right to:
Recommend an appropriate upgrade or additional volume booking;
Temporarily restrict or throttle traffic access to preserve platform integrity;
Request clarification regarding the Customer’s traffic sources and usage context.
12.3 Customers must not artificially inflate traffic or circumvent limits through automated means, including but not limited to bots, scripts, or repeated triggering mechanisms.
12.4 Heyflow shall notify the Customer in writing before applying any enforcement measures. In case of dispute, the Customer may demonstrate that their usage falls within expected patterns. Heyflow will evaluate such justifications in good faith.
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 Flows.
13.2 This includes the proper integration and use of Flows, 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 Annex 1.
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 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.
13.6 The Customer chooses where to direct end-user responses. By default, these are sent via email.
14. Governing Law and Jurisdication
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 General Terms and Conditions. Where changes are not solely to the benefit of the Customer, the Customer will be informed accordingly. Any changes that are more than merely minor – particularly those affecting the Customer’s rights – shall only take effect once the Customer has given their consent.
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.