General Terms and Conditions

1. Scope and Subject Matter of the Contract

1.1 General. SaI Solutions and Innovations GmbH ("Tymflow") provides a web-based software as a service (SaaS) for time management and other related features ("Software"), accessible through the websites https://tymflow.com and https://tymflow.de.
1.2 Scope. These General Terms and Conditions (GTC) apply to all contracts between Tymflow and customers (hereafter referred to as "Customer") that register to use the Software.
1.3 No Validity of Third-Party Terms. Any deviating terms and conditions of the Customer are not valid unless expressly agreed to in writing by Tymflow.
1.4 Contract Content. The content of the contract consists of the registration confirmation email, the description of the service, and these Terms and Conditions.

2. Conclusion of the Contract

2.1 Contract Conclusion. A contract between the Customer and Tymflow is established when the Customer successfully completes the registration process and creates a customer account. The required information for registration includes first name, last name, email, company name, position, and tax ID. The Customer accepts the contract by clicking the "Signup" button.
2.2 No Consumers. Tymflow’s services are explicitly intended for commercial and professional customers, and not for consumers.
2.3 No Right of Revocation. Since Tymflow’s services are not directed at consumers, the Customer is not entitled to a legal right of revocation.
2.4 Duties in E-Commerce. The application of Section 312i (1) nos. 1, 2, and 3 as well as Section 312i (1) sentence 2 of the German Civil Code (BGB) concerning duties in e-commerce is waived.

3. Demo Website Instead of Trial Period

3.1 Demo Website. Tymflow offers a demo website to allow prospective Customers to experience all features of the Software as part of a demonstration before deciding to subscribe. This demo does not grant any rights to continue using the platform after the demonstration period or to data used during the demo.

4. Services of Tymflow

4.1 Service Scope. Tymflow provides access to the Software over the internet for the duration of the contract term, as detailed in the service description.
4.2 License. The Customer receives a simple, non-transferable, non-sublicensable right to use the Software for the duration of the contract.
4.3 Availability. Tymflow ensures at least 95% average annual availability of the service.
4.4 Service Transfer Point. Services are delivered at the connection point of Tymflow's data center to the internet. The Customer is responsible for the internet connection on their end.

5. Customer Responsibilities

5.1 Data Responsibility. If the Customer processes personal data using the Tymflow platform, Tymflow acts as a data processor in accordance with Article 28 of the GDPR. The Customer is solely responsible for compliance with all applicable data protection laws regarding the personal data they process on the platform.
5.2 Misuse. The Customer is prohibited from publishing illegal, defamatory, or offensive content on Tymflow’s platform. Misuse may lead to immediate termination of the contract by Tymflow.
5.3 Access Protection. The Customer is responsible for protecting the access credentials of their account from unauthorized use.
5.4 Cooperation. The Customer must provide accurate information during the registration process and update it when necessary.

6. Payment and Default

6.1 Usage Fee. The Customer is obligated to pay the agreed usage fee based on the number of users. The current pricing is available at https://tymflow.com/pricing.
6.2 Billing and Payment. Tymflow invoices the Customer at the start of the subscription period. Payment can be made by credit card or direct debit. All invoices are due at the beginning of each billing cycle.
6.3 Price Changes. Tymflow reserves the right to adjust the prices for any renewal period, provided the Customer is notified of the change at least four weeks in advance.
6.4 Default in Payment. If the Customer fails to pay on time, Tymflow is entitled to charge default interest and may terminate the contract if the Customer is in arrears for more than four weeks.

7. Data Protection and GDPR Compliance

7.1 Tymflow as Data Processor. If the Customer processes personal data on Tymflow’s platform, Tymflow acts as a data processor in accordance with Article 28 of the GDPR. As a data processor:
- - Tymflow processes personal data solely on behalf of the Customer and according to the Customer’s documented instructions in line with the Data Processing Agreement (DPA) and the functionalities of Tymflow’s platform.
- - Tymflow implements appropriate technical and organizational measures, in compliance with Article 32 of the GDPR, to protect the confidentiality, integrity, and availability of the personal data processed on the platform.
- - Tymflow assists the Customer, where applicable, in fulfilling data subject rights (e.g., access, rectification, or erasure requests) and in reporting any data breaches to the relevant supervisory authority.
7.2 Customer as Data Controller. The Customer, as the data controller under Article 4(7) of the GDPR, is responsible for:
- - Determining the purposes and means of processing personal data using Tymflow’s platform.
- - Ensuring that the processing of personal data is conducted lawfully and in compliance with the GDPR, particularly with respect to obtaining valid legal bases under Article 6 of the GDPR (such as consent, legitimate interest, or contractual necessity).
- - Implementing appropriate organizational and technical security measures, as required under Article 32 of the GDPR, to protect personal data processed through Tymflow’s services.
- - Managing all legal responsibilities related to personal data, including responding to data subject requests and ensuring that the data processing complies with all relevant privacy principles under Article 5 of the GDPR (data minimization, purpose limitation, etc.).
7.3 Data Processing Agreement (DPA). Tymflow’s processing of personal data is governed by a Data Processing Agreement (DPA), which both parties agree to as part of the service. This agreement includes:
- - Tymflow’s obligation to process data exclusively on the Customer’s documented instructions.
- - The Customer’s obligation to approve any sub-processors Tymflow might use, ensuring those sub-processors comply with GDPR regulations.
- - Assistance from Tymflow in performing tasks required by the GDPR, such as conducting data protection impact assessments (DPIAs) and responding to data subject rights requests.
- - Tymflow’s obligation to delete or return personal data upon termination of the service, subject to statutory retention requirements.
7.4 Customer's Data Protection Responsibilities. The Customer, as the data controller, is responsible for ensuring compliance with GDPR when using Tymflow’s platform. The Customer is specifically responsible for:
- - Informing data subjects and maintaining transparent privacy policies as required under Articles 13 and 14 of the GDPR.
- - Ensuring lawful international transfers of personal data, if applicable, and utilizing legal transfer mechanisms such as standard contractual clauses (SCCs) when required by the GDPR.
- - Implementing their own internal security measures and ensuring that their personnel are trained and compliant with data protection obligations.
7.5 Breach Notification. In the event of a data breach, Tymflow will notify the Customer without undue delay after becoming aware of the breach. The Customer, as the data controller, holds the responsibility for:
- - Determining whether the breach must be reported to the relevant supervisory authority and/or the affected data subjects, following Articles 33 and 34 of the GDPR.
- - Taking appropriate steps to mitigate the breach’s impact and comply with the required legal obligations in case of a breach.

8. Limitation of Liability

8.1 Unlimited Liability. Tymflow is fully liable for damages arising from injury to life, limb, or health due to intentional or negligent acts, or any other damages caused by gross negligence or willful misconduct.
8.2 Limited Liability. For other damages caused by negligence, Tymflow's liability is limited to foreseeable, contractually typical damages.

9. Contract Term and Termination

9.1 Subscription Terms. Tymflow offers subscription models of 3 months, 6 months, or 12 months. The contract will automatically renew for the originally selected term unless terminated in writing or through the Tymflow platform.
9.2 Termination Notice. The contract can be terminated at least one week before the renewal date by either:

- Cancelling via the "Billing/Seats" menu on the Tymflow platform.
- No refunds will be issued for early termination, but services will remain available until the end of the subscription term.

9.3 Non-renewal. If the Customer cancels the contract before the renewal date, the contract will expire at the end of the current subscription period.

10. Final Provisions

10.1 Changes to Terms and Conditions. Tymflow reserves the right to modify these terms and conditions or introduce new features with appropriate notice to the Customer. If the Customer does not object within two weeks, the changes will be considered accepted.
10.2 Applicable Law and Jurisdiction. This contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of SaI Solutions and Innovations GmbH.
10.3 Severability. If any provision of these terms is deemed invalid, the remaining provisions remain in effect. The invalid provision shall be replaced with a valid one that approximates the intended purpose.

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