Terms of Service / AGB
Planning-stage document. Final AGB to be drafted by German legal counsel in German before launch.
1. Service Description
BuildFlow provides a Software-as-a-Service (SaaS) platform for workflow management, execution tracking, and audit trail generation for service businesses. The service is operated by [BuildFlow legal entity — to be incorporated in Germany as UG or GmbH].
2. Subscription Plans and Pricing
| Plan | Price | Availability |
|---|---|---|
| Starter | €249/month (flat-team) | Phase 1 MVP launch |
| Growth | €349/month (flat-team) | Month 18+ (GoBD tier) |
| Enterprise | Custom (annual contract) | Month 24+ |
| Annual Starter | €2,490/year (~€207.50/month) | Phase 1 MVP launch |
All prices exclude German VAT (Umsatzsteuer/MwSt) where applicable. VAT is added at the applicable rate at checkout.
3. Free Trial
BuildFlow offers a 30-day free trial of the Starter plan. The trial includes full access to all Starter plan features for an unlimited number of team members. No credit card is required to start the trial. At the end of the trial period, the account is automatically downgraded to a read-only state unless a paid subscription is activated.
4. Cancellation and Refunds
- Monthly subscriptions: cancel at any time; access continues until the end of the billing period; no refund for partial months
- Annual subscriptions: cancel at any time; no refund for the remaining annual term unless required by applicable German consumer law
- Pro-rated refunds for annual subscriptions may be offered at BuildFlow's discretion for exceptional circumstances
5. Data Processing Agreement (AVV)
BuildFlow acts as a data processor (Auftragsverarbeiter) for customer data in accordance with Art. 28 DSGVO. A ready-to-sign Auftragsverarbeitungsvertrag (AVV) is provided to every customer and must be countersigned before the account is activated for paid use.
Customer data is processed exclusively in Germany (Hetzner Cloud, Frankfurt). A current sub-processor list is maintained and available to customers on request.
6. Acceptable Use
BuildFlow may not be used for:
- Purposes that constitute high-risk AI applications under EU AI Act Annex III, including real-time employee monitoring or performance scoring that determines employment outcomes
- Processing of special category personal data (Art. 9 DSGVO) without explicit consent and documented legal basis
- Any purpose that violates applicable German or EU law
- Reverse engineering or extracting proprietary workflow algorithms
Customers using AI features must implement AI Act Art. 52 transparency notices toward their own employees as required.
7. Service Level and Uptime
| Plan | Target Uptime | Support Response |
|---|---|---|
| Starter | 99.5% monthly | 24 business hours |
| Growth | 99.5% monthly | 4 business hours |
| Enterprise | 99.9% monthly (SLA) | 2 hours (critical) |
8. Limitation of Liability
BuildFlow's total liability for any claim arising out of or related to these Terms is limited to the total subscription fees paid by the customer in the 12 months preceding the claim. BuildFlow is not liable for indirect, consequential, or incidental damages.
German consumer protection laws (BGB) may provide additional rights that cannot be waived by contract. These terms do not limit any rights that cannot legally be excluded under German law.
9. Governing Law and Jurisdiction
These Terms are governed by German law. The courts of Berlin, Germany have exclusive jurisdiction for all disputes arising from or related to these Terms, to the extent permitted by applicable law.
10. Contact
Legal and contractual matters: legal@buildflow.de (planning stage)
This document will be replaced by a legally verified AGB in German drafted by qualified German legal counsel before any customer agreements are signed.