Terms of Use

Please read these terms of use carefully before using our service.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning whether they appear in the singular or plural.

Definitions

For the purposes of these Terms of Use:

• Application means the software provided by the Company under the name OMVIN, which is used as a Progressive Web App via a web browser and may optionally be installed on an electronic device.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, interests or other securities carrying the right to elect directors or other governing bodies.
• Account means a unique account set up for you that enables you to access our service or parts of our service.
• State refers to: Rhineland-Palatinate, Germany
• Company (also referred to in this agreement as “the Company”, “We”, “Us” or “Our”) refers to flow office GmbH, Beethovenstraße 8, 67098 Bad Dürkheim.
• Content refers to content such as text, images or other information that you may post, upload, link to or otherwise make available, regardless of the form of that content.
• Device means any device that can access the Service, such as a computer, mobile phone or digital tablet.
• Feedback means any feedback, innovations or suggestions submitted by you regarding the characteristics, performance or functions of our service.
• In-app purchase refers to the purchase of a product, service, quota or subscription within the application. In-app purchases are billed via Paddle, rather than through an app store, and are subject to these terms of use.
• Paddle means Paddle.com Market Limited, Judd House, 18–29 Mora Street, London EC1V 8BT, United Kingdom. Paddle acts as the merchant of record (reseller) for all subscription and in-app purchases.
• Goods refer to the items offered for sale on the service.
• Orders means a request from you to purchase goods from us.
• Performance refers to the application.
• Subscriptions refer to the services or access to the service offered by the Company on a subscription basis.
• Terms of Use (also referred to as the “Terms”) means these Terms of Use, which constitute the entire agreement between you and the Company regarding your use of the Service.
• Third-party social media service means any services or content (including data, information, products or services) provided by a third party and which may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is accessing or using the Service, as applicable.

Recognition

These are the Terms of Use governing your use of this service and the agreement between you and the Company. These Terms of Use set out the rights and obligations of all users in relation to their use of the service.

Your access to and use of the service are subject to your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and other persons who access or use the service.

By accessing or using the Service, you agree to be bound by these Terms of Use. If you disagree with any part of these Terms of Use, you must not access the Service.

You confirm that you are over 18 years of age. The Company does not permit persons under 18 to use the service.

Your access to and use of the Service is also subject to your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal data when you use the Application or the Website, and informs you of your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

To the extent that we process personal data on your behalf as a processor, the Data Processing Agreement (DPA) shall apply and form part of these Terms of Use. The DPA is available at: Data Processing Agreement (DPA).

Placing orders for goods

By placing an order for goods through the service, you confirm that you have the legal capacity to enter into binding contracts.

Your information

If you wish to place an order for goods available through the Service, you may be asked to provide certain information relating to your order, including, without limitation, your name, email address, telephone number, credit card number, credit card expiry date, billing address and shipping information.

You represent and warrant that (i) you have the legal right to use one or more credit or debit cards or other payment methods in connection with an order, and that (ii) the information you provide to us is truthful, accurate and complete.

By submitting such information, you grant us the right to pass it on to third parties who process payments in order to complete your order.

Cancellation of orders

We reserve the right to reject or cancel your order at any time for certain reasons, including but not limited to:

• Availability of goods
• Error in the description or prices of the goods
• Error in your order

We reserve the right to reject or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Your right to cancel orders

All goods you purchase may only be returned in accordance with these Terms of Use and our returns policy.

Our returns policy forms part of these Terms of Use. Please read our returns policy to find out more about your right to cancel your order.

Your right to cancel an order only applies to goods returned in the same condition in which you received them. You should also include all product instructions, documents and packaging. Goods that are damaged, are not in the same condition in which you received them, or have been worn beyond merely opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased goods while they are in your possession.

We will refund you no later than 14 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees as a result of such a refund.

You have no right to cancel an order for the delivery of the following goods:

• The supply of goods that have been made to your specifications or are clearly personalised.
• The supply of goods which, by their nature, are not suitable for return, are liable to deteriorate rapidly or have passed their expiry date.
• The supply of goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed after delivery.
• The supply of goods which, after delivery, have by their nature become inseparably mixed with other items.
• The supply of digital content that is not supplied on a tangible medium, where performance has begun with your prior express consent and you have acknowledged that you will lose your right of withdrawal.

Availability, errors and inaccuracies

We are constantly updating our product range on the service. The products available on our service may be incorrectly priced, inaccurately described or unavailable, and we may experience delays in updating information about our products on the service and in our advertising on other websites.

We cannot guarantee, nor do we warrant, the accuracy or completeness of information, including prices, product images, specifications, availability and services. We reserve the right to change or update information at any time without prior notice and to correct errors, inaccuracies or omissions.

Pricing policy

The company reserves the right to revise its prices at any time before accepting an order.

The prices quoted may be revised by the Company after acceptance of an order if an event occurs that affects delivery and is caused by government action, changes in customs duties, increased shipping costs, higher foreign exchange costs or other circumstances beyond the Company’s control. In this case, you have the right to cancel your order.

Payments

Subscriptions and in-app purchases are processed through Paddle. Paddle acts as the Merchant of Record: Paddle is your contractual partner for the purchase, collects the payment, issues the invoice including any applicable VAT, and handles refunds and chargebacks. The Paddle Checkout Buyer Terms also apply to the purchase: https://www.paddle.com/legal/checkout-buyer-terms. The company remains the provider of the service and your contractual partner for your use of the application under these Terms of Use. The available payment methods will be shown to you during checkout. The application is not distributed through an app store.

Payment cards (credit or debit cards) are subject to validation checks and authorisation by your card issuer. If Paddle does not receive the required authorisation, we are not liable for any delay or failure to deliver your order.

Subscriptions

Subscription period

The service or certain parts of the service are only available with a paid subscription. You will be charged in advance on a recurring and periodic basis (e.g. daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

At the end of each period, your subscription will automatically renew on exactly the same terms, unless you cancel it or the Company cancels it.

Cancellation of subscriptions

You can cancel the renewal of your subscription via your account settings page, using the subscription management link provided by Paddle, or by contacting the Company. You will not receive a refund for any fees you have already paid for your current subscription period, and you will be able to access the service until the end of your current subscription period.

Accounting

You provide Paddle with accurate and complete billing information during the checkout process, including your full name, address, state, postcode, telephone number and details of a valid payment method.

Should automatic billing not take place for any reason, Paddle will issue an electronic invoice stating that you must make full payment within a specified period, corresponding to the billing period indicated on the invoice.

Changes to fees

The company may, at its sole discretion and at any time, change the subscription fees. Any change to the subscription fees will take effect at the end of the current subscription period.

The Company will give you reasonable advance notice of any change to the subscription fees, giving you the opportunity to cancel your subscription before the change takes effect.

Your continued use of the service after the change in subscription fees takes effect constitutes your agreement to pay the amended subscription amount.

Refunds

Unless required by law, subscription fees paid are non-refundable.

Certain subscription refund requests may be reviewed by the Company on a case-by-case basis and granted at the Company’s sole discretion.

Refunds are processed through Paddle and returned to the original payment method. You may submit refund requests to the Company or directly to Paddle (https://paddle.net). Consumers’ statutory right of withdrawal remains unaffected.

In-app purchases

The application contains in-app purchases that allow you to purchase additional products, services, quotas or subscriptions.

In-app purchases are billed exclusively through Paddle as the Merchant of Record; no app store is involved. The sections “Payments”, “Billing” and “Refunds” apply accordingly to in-app purchases.

In-app purchases can only be used within the application. They cannot be redeemed for cash or other forms of compensation, or transferred to other accounts.

AI credits

AI credit is a usage credit that you can use to pay for the application's paid AI features, the LLM gateway and media generation. It is denominated in euros and is used up exclusively through the use of these services.

AI credits are not a means of payment, electronic money or a financial instrument. They do not entitle holders to payment, interest or any other benefits of monetary value, and are not a tradable asset. There is no right to exchange them for cash.

AI credits may only be redeemed for the Company’s services within the application. They must not be used outside the application, transferred to third parties outside your organisation or transferred for payment.

Within your organisation, AI credits can be transferred between team members. A team member may transfer credits allocated to them by the organisation to other members of the same organisation. Transfers to people outside your organisation, to other organisations or to third parties are not possible. There is no entitlement to a transfer. This transferability applies exclusively to AI credits, not to subscriptions or other in-app purchases.

Purchased AI credits do not expire for as long as your account exists. If your account or subscription ends, any remaining credits are forfeited without compensation; your statutory rights, particularly your right to cancel and any claims relating to services not being provided properly, remain unaffected.

Some plans include monthly allowances. These expire at the end of the relevant billing period, are used before purchased credit and are non-transferable.

If an in-app purchase does not work, once we become aware of the issue, we will investigate its cause and, at our reasonable discretion, either make the purchase available again or remedy the issue. Your statutory rights remain unaffected.

For payment-related issues with in-app purchases, you can contact the company or Paddle directly.

User accounts

When you create an account with us, you must provide us with information that is accurate, complete and up to date at all times. Otherwise, this constitutes a breach of the terms and may result in the immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service, and for any activities or actions under your password, whether your password is with our service or a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately as soon as you become aware of any security breach or unauthorised use of your account.

You must not use as your username the name of another person or organisation that is not lawfully available for use, a name or trademark subject to the rights of another person or organisation without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Contents

Your right to publish content

Our service enables you to publish content. You are responsible for the content you publish on the service, including its lawfulness, reliability and appropriateness.

By publishing content on the Service, you grant us the right and licence to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Service. You retain all your rights in any content that you submit, post or display on or through the Service, and you are responsible for protecting those rights. You agree that this licence includes the right for us to make your content available to other users of the Service, who may also use your content subject to these terms.

You represent and warrant that (i) the Content is your own (you own it) or that you have the right to use it and grant us the rights and licence as provided for in these Terms, and (ii) the publication of your Content on or through the Service does not infringe any person's privacy rights, publicity rights, copyrights, contractual rights or other rights.

Content restrictions

The company is not responsible for content posted by users of the service. You expressly understand and agree that you are solely responsible for the content and for all activities that take place under your account, whether carried out by you or by a third party using your account.

You must not transmit content that is unlawful, offensive, disturbing, intended to intimidate, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to:

• Content that is unlawful or serves to promote unlawful activities.
• Defamatory, discriminatory or malicious content, including references to or comments about religion, race, sexual orientation, gender, national/ethnic origin or other target groups.
• Spam, machine-generated or randomly generated content that constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• Content that contains or installs viruses, worms, malware, Trojan horses or other content designed or intended to disrupt, damage or limit the functioning of software, hardware or telecommunications equipment, or to damage or gain unauthorised access to the data or other information of third parties.
• Content that infringes a party’s proprietary rights, including patent, trademark, trade secret, copyright, publicity or other rights.
• Content that impersonates a person or organisation, including the company and its employees or representatives.
• Content that violates the privacy of third parties.
• Incorrect information and functionality.

The Company reserves the right, but not the obligation, to decide at its sole discretion whether content is appropriate and complies with these terms, and to reject or remove content. The Company also reserves the right to make formatting and editorial changes and to change the nature of content. The Company may also restrict or revoke your use of the Service if you publish such objectionable content. As the Company cannot control all content posted on the Service by users and/or third parties, you agree to use the Service at your own risk. You understand that, by using the Service, you may be exposed to content that you find offensive, indecent, inaccurate or objectionable, and you agree that under no circumstances shall the Company be liable in any way for any content, including errors or omissions in content, or for any loss or damage of any kind incurred as a result of your use of any content.

Special usage rules for hosting and servers

Where the service includes hosting, cloud or server resources, you must configure, secure and operate them in such a way that neither our infrastructure nor third parties’ networks, systems, servers or data are impaired or put at risk. You are also responsible for use by persons to whom you grant access to these resources.

In particular, the following actions are prohibited:

• the operation of applications for cryptocurrency mining, farming or plotting;
• scanning third-party networks or IP addresses, and searching for open access points without explicit authorisation;
• Attacks on or disruption of third-party systems, in particular hacking, DoS or DDoS attacks, and email bombing;
• the use of spoofed source IP addresses or the concealment or falsification of sender details, email headers or the sender’s identity;
• the operation of open mail relays or similar systems that allow the unauthorised sending of emails;
• the sending of spam, unsolicited advertising or other unauthorised bulk emails;
• providing or distributing phishing content, malware or other illegal content.

Applications created or operated using the service must not, in particular, be used for:

• as a VPN, proxy or anonymisation service for third parties;
• the automated bypassing or solving of CAPTCHAs;
• as spyware, keyloggers or stalkerware, or to unlock other people's devices;
• the unauthorised downloading, recording or streaming of copyrighted content (e.g. IPTV, stream-ripping);
• as a gambling, betting or lottery offering;
• as a pyramid or Ponzi scheme, multi-level marketing, or to artificially generate reach on social networks (e.g. fake followers, bot interactions);
• the production of examination or academic work for the purpose of deception, or the issuing of unauthorised certificates;
• as a financial service requiring authorisation, payment service or crypto exchange without the required authorisation;
• of providing pornographic or sexually explicit content.

Where resources are provided by an infrastructure or data centre provider, that provider’s system and abuse policies applicable to the respective product shall also apply. For resources operated by Hetzner Online GmbH, these include, in particular, the applicable General Terms and Conditions and product-specific system policies, available at https://www.hetzner.com/de/legal/system-policies/.

In the event of a breach or reasonable suspicion of a breach, we may remove the affected content and temporarily suspend access to individual resources or the service, insofar as this is necessary to prevent risks, comply with legal obligations or avoid our infrastructure being blocked. In the case of serious or repeated breaches, we may terminate the account with immediate effect. Where doing so would not jeopardise the purpose of the measure and no immediate action is required, we will notify you in advance and give you the opportunity to remedy the situation.

Special rules for using AI and LLM services

AI features and the LLM gateway must not be used to enter, generate, edit, store or disseminate unlawful content, or to plan, promote or carry out unlawful activities.

Depictions of child or adolescent sexual abuse (CSAM) are strictly prohibited, in particular, as are contents that depict, promote, facilitate or solicit their sexual exploitation. This also applies to fictional, synthetic, AI-generated or otherwise altered depictions, insofar as the handling of such content is prohibited under applicable law.

An image, video or voice of a real person may only be generated, altered or replicated with their explicit, verifiable consent. This applies in particular to face swaps, talking avatars, lip synchronisation and voice cloning. The creation of content that could deceive people about a person’s identity or what they have said (deepfakes) is prohibited.

We label content generated using our AI features in machine-readable form as artificially generated or manipulated, in accordance with Article 50(2) of Regulation (EU) 2024/1689 (the “AI Act”), for example through provenance metadata compliant with the C2PA standard. You are responsible for making the disclosure to the public required when disseminating such content. If you publish or disseminate image, audio or video content depicting persons, objects, places, entities or events that appear realistic (deepfakes within the meaning of Article 3(60) of the AI Act), you must disclose, in accordance with Article 50(4) of the AI Act, that they have been artificially generated or altered. If the content is an evidently artistic, creative, satirical, fictional or comparable work, it is sufficient to make the disclosure in an appropriate manner that does not impair the presentation or enjoyment of the work. The same applies to texts published to inform the public about matters of public interest, provided they have not undergone human review or editorial control.

You must not remove, alter or obscure watermarks, provenance metadata (e.g. in accordance with the C2PA standard) or any other machine-readable labels attached to AI-generated content.

The creation of pornographic or sexually explicit content is also prohibited.

In the event of breaches or reasonable suspicion, we may refuse requests, preserve or remove content to the extent permitted by law, and block access to AI features, the LLM gateway or the account. Statutory reporting, disclosure and retention obligations remain unaffected.

Content backups

Although regular backups of the content are carried out, the company does not guarantee that no data will be lost or corrupted.

Damaged or invalid backup points can be caused, among other things, by content that was damaged before the backup or that changes while a backup is being performed.

The Company will provide support and attempt to resolve any known or discovered issues that may affect content backups. However, you acknowledge that the Company accepts no liability for the integrity of content or for any failure to restore content to a usable state.

You undertake to keep a complete and accurate copy of all content in a location independent of the service.

Copyright Policy

Intellectual property infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content published on the service infringes a person's copyright or other intellectual property rights.

If you are a copyright owner or authorised to act on behalf of one, and believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, you must submit your notice in writing to our Copyright Agent by email at info@omvin.ai and include a detailed description of the alleged infringement in your notice.

You may be liable for damages (including costs and legal fees) if you falsely claim that content infringes your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• An electronic or physical signature of the person acting on behalf of the holder of the copyright interests.
• A description of the copyrighted work that you believe has been infringed, including the URL (i.e. the web address) where the copyrighted work can be found, or a copy of the copyrighted work.
• Identification of the URL or other specific location on the service where the material you believe to be infringing is located.
• Your address, telephone number and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, their agent or the law.
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent by email at dmca@flow-office.eu. Upon receiving a notification, the Company will take any action it deems appropriate in its sole discretion, including removing the allegedly infringing content from the Service.

Intellectual property

The Service and its original content (excluding content provided by you or other users), functionality and features are and shall remain the exclusive property of the Company and its licensors.

The service is protected by copyright, trade mark and other laws in this country and abroad.

Our brands and our corporate identity must not be used in connection with any product or service without the Company's prior written consent.

Your feedback to us

You assign all rights, title and interest in and to any feedback you provide to the Company. If such assignment is ineffective for any reason, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sublicense, distribute, modify and exploit such feedback without restriction.

Links to other websites

Our service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and accepts no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly recommend that you read the terms of use and privacy policies of all third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms of Use.

Upon cancellation, your right to use the service ends immediately. If you wish to cancel your account, you can simply stop using the service.

Limitation of liability

Notwithstanding any damages you may incur, the Company’s and its suppliers’ entire liability under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount you actually paid for the Service or USD 100 if you have not purchased anything through the Service.

To the fullest extent permitted by law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or loss of other information, business interruption, personal injury or loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used in connection with the Service, or otherwise in connection with any provision of these Terms), even if the Company or a supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those states, each party’s liability is limited to the maximum extent permitted by law.

“AS IS” and “AS AVAILABLE” disclaimer

The service is provided to you “AS IS” and “AS AVAILABLE”, with all faults and defects and without warranty of any kind. To the fullest extent permitted by law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, in relation to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company gives no warranty or representation and makes no statement that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any provider to the Company makes any representation or warranty of any kind, whether express or implied: (i) as to the operation or availability of the Service or the information, content and materials or products contained therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, the content or emails sent by or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set out in this section will apply to the maximum extent enforceable by law.

Applicable law

The law of the country, excluding its conflict-of-laws rules, governs these terms and your use of the service. Your use of the application may also be subject to other local, state, national or international laws.

Dispute resolution

If you have any concerns or disputes regarding the performance, you agree to first seek to resolve the dispute informally by contacting the Company.

For users in the European Union (EU)

If you are a consumer in the European Union, you benefit from all mandatory provisions of the law of the country in which you reside.

End-Use Provisions for the United States Federal Government

If you are an end user of the US federal government, our service is a “commercial item” as defined in 48 C.F.R. §2.101.

Legal compliance in the United States

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

Severability and Waiver

Partial invalidity

If any provision of these terms is held to be unenforceable or invalid, that provision shall be amended and construed so as to achieve the objectives of the provision to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

Waiver

Unless otherwise provided herein, failure to exercise a right or enforce an obligation under these Terms shall not affect a party’s ability to exercise such right or require performance at a later date, and a waiver of a breach shall not constitute a waiver of any subsequent breach.

Precedence of the German original text

These Terms of Use may have been translated if we made them available to you through our service. You agree that, in the event of a dispute, the original German text shall prevail.

Changes to these Terms of Use

We reserve the right to amend or replace these Terms at any time at our sole discretion. If a revision is material, we will use our best endeavours to provide at least 30 days’ notice before any new Terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to use or access our service after these revisions take effect, you agree to the revised terms. If you do not agree to the new terms in whole or in part, please stop using the website and service.

Contact

If you have any questions about these Terms of Use, you can contact us as follows:

• By email: info@omvin.ai
• By visiting this page on our website: https://omvin.ai

You can report breaches of these Terms of Use, particularly breaches of the specific usage rules for hosting, server, AI and LLM services, by email to info@flow-office.eu.