Terms of Service for the Provision of Electronic Services of the Flows Forge Website

Version date: 4 February 2025

§1. General Provisions

1. The owner and operator of the website www.flowsforge.com (the “Website”) is [Flows Forge – full legal name], with its registered office at Sucha 2 Kraków,  e-mail: [tomasz.rogala@flowsforge.com] (the “Service Provider”, “we”).

2. These Terms set out the rules for using the Website, the types and scope of electronic services provided, and the rules for entering into agreements for professional RPA/AI services.

3. The Website is primarily B2B and intended mainly for business users. Consumers may use the Website; their statutory consumer rights apply.

4. By accepting these Terms, the User confirms having read the Privacy Policy (GDPR) available on the Website.

§2. Definitions

• User – any entity that uses the functionalities of the Website.

• Electronic Services – including, without limitation, the contact/brief form, newsletter sign-up, and informational content.

• Professional Services – paid RPA/AI services (analysis, design, implementations in Make/Power Automate/UiPath, maintenance, support, audits) provided under a separate agreement/Statement of Work (SOW).

§3. Scope and Nature of Services

1. Via the Website we provide Electronic Services:
   a) a contact/brief inquiry form,
   b) the option to sign up for a newsletter (optional),
   c) publication of informational content.

2. Professional Services are delivered only after a separate agreement/offer/SOW is concluded, which defines scope, schedule, remuneration, IP rights, DPA/SLA, and other arrangements. Content on the Website is for information purposes only and does not constitute an offer within the meaning of the Polish Civil Code.

§4. Technical Requirements

1. Using the Website requires: an Internet-enabled device, a current web browser (e.g., Chrome/Firefox/Safari/Edge), JavaScript enabled, and cookies enabled.

2. Restrictions or blocks on the User’s side may limit the Website’s functionality.

§5. Rules of Use and Unlawful Content

1. Providing unlawful content (violating law, personal rights, IP; spam/malware) is prohibited.

2. We reserve the right to block access to or remove content that violates the law or these Terms.

3. The User agrees to use the Website in accordance with the law, good practice, and these Terms.

§6. Newsletter and Marketing Communications

1. Newsletter/marketing messages are sent only upon prior, voluntary consent (checkbox).

2. Consent can be withdrawn at any time via the “Unsubscribe” link in the message or by contacting us.

3. Lack of consent does not affect access to the Website (except for the newsletter service).

§7. Submitting Enquiries and Concluding Agreements

1. Sending an inquiry via the form/brief is preliminary and does not oblige either party to conclude an agreement.

2. An agreement for Professional Services is concluded upon acceptance of the offer/SOW or signature of a framework agreement.

3. When processing client data, we may act as a processor on behalf of the Client (controller). Execution of a Data Processing Agreement (DPA, Art. 28 GDPR) is part of the cooperation.

§8. Payments and Settlements (B2B)

1. Fees are specified in the offer/SOW: fixed price, time & materials, maintenance subscription, or a hybrid model.

2. Prices are quoted net; Polish VAT is added at the applicable rates. For services to EU counterparties, the reverse charge mechanism may apply—per offer/invoice.

3. Standard payment term: [7/14/21/30] days from the invoice date. Statutory interest for late payment in commercial transactions and recovery costs may be charged in accordance with applicable law.

4. Access to third-party environments/licences (e.g., Microsoft Power Automate, UiPath, Make) is provided and funded by the Client unless the SOW states otherwise.

§9. Intellectual Property Rights

1. The entire content of the Website (texts, graphics, logos, layout, code) is our and/or our licensors’ intellectual property, protected by law. Copying, modifying, or distributing without our consent is prohibited unless permitted by law.

2. Project outputs (scripts, scenarios, flows, configurations) created under Professional Services:
   a) by default, we grant a non-exclusive licence, unlimited territorially for a perpetual term/[insert term], in the fields of exploitation necessary to use the solution at the Client;
   b) alternatively, assignment of economic copyrights in fields of exploitation specified in the SOW is possible—after full payment;
   c) third-party components/libraries and open-source are subject to their respective licences;
   d) we reserve the right to use our know-how (excluding the Client’s trade secrets).

3. Trademarks (including “Flows Forge”) may not be used without our consent.

§10. Liability and Disclaimers

1. We perform services with professional due care. We do not guarantee uninterrupted operation of third-party services (Microsoft, UiPath, Make, API integrations) nor specific business outcomes/ROI, unless the SOW provides otherwise.

2. To the maximum extent permitted by law, our aggregate liability arising from or in connection with an agreement is limited to the total net fees paid to us by the Client in the 12 months preceding the event giving rise to liability.

3. We shall not be liable for indirect damages, loss of profits, business interruption, or data loss, unless mandatory law provides otherwise.

4. Force majeure: we are not liable for non-performance/improper performance caused by events beyond our control (including provider outages, war, natural disasters, DDoS attacks).

§11. Complaints

1. Please submit complaints regarding Electronic Services and cooperation to: [support@flowsforge.com], including a description, contact details, and (if applicable) agreement/invoice number.

2. We will handle complaints without undue delay, no later than 14 days after receipt. If more time is required, we will inform you of the new deadline and reasons for the delay.

3. Response times/specific KPIs may be set out in an individual SLA.

§12. Data Protection and Confidentiality

1. Personal data processing rules are governed by the Privacy Policy (GDPR) available on the Website.

2. B2B cooperation may require a DPA (processing agreement under Art. 28 GDPR).

3. Both parties shall maintain confidentiality of information obtained in connection with contract performance; exceptions arise from law or written consent.

§13. Amendments to the Terms

1. We may amend these Terms for legal, technical, or organizational reasons. Material changes will be announced on the Website (and for ongoing services—by e-mail if appropriate).

2. Changes take effect on the date of publication on the Website unless another date is indicated. Continued use of the Website after changes constitutes acceptance of the new Terms.

§14. Governing Law and Disputes

1. These Terms are governed by Polish law.

2. B2B disputes shall be submitted to the common court having jurisdiction over the Service Provider’s registered office.

3. In consumer relations, court jurisdiction and consumer rights are determined by mandatory provisions of law.

§15. Contact

E-mail: [tomasz.rogala@flowsforge.com] | Address: [Sucha 2 , Kraków] | Contact hours: [e.g., Mon–Fri 9:00–17:00 CET].