Terms of Service

1. Definitions

1.1 TOS – the General Terms of Service for Flowgres — the rules for providing and using the Services that apply to Agreements concluded by the Service Provider with the Client. The TOS is available at https://flowgres.pl/en/terms-of-service. Placing an Order means acceptance of the TOS without reservations.

1.2 Service Provider – ITMORE sp. z o.o., ul. Jana Kochanowskiego 6A/4, 83-000 Pruszcz Gdański, Poland; KRS: 0000600881, NIP: 6040169091, REGON: 363691046.

1.3 Client – an entrepreneur within the meaning of the Entrepreneurs’ Law; concluding the Agreement is an act related to business or professional activity.

1.4 Parties – the Service Provider and the Client.

1.5 Flowgres Service – a service including:

  1.5.1 providing the Client with cloud space,

  1.5.2 providing access to the services/Version of the Flowgres Application indicated in the Order (excluding cases specified in sec. 5.2 of the TOS),

  1.5.3 storing and securing on the Service Provider’s servers the data entered by the Client into the Service,

  1.5.4 for information: support and other services are subject to a separate order.

1.6 Flowgres Application – software in an online version: https://flowgres.com/products/.

1.7 Version – a defined version of the application; limits and fees: https://flowgres.com/pricing/.

1.8 Additional service – a service other than the Flowgres Service (e.g., training).

1.9 Agreement – an agreement for the provision of Services and a license for the Flowgres Application.

1.10 Order – an order for the Service Provider to perform the Service.

1.11 Access Address – an individual URL enabling access to the Flowgres Application.

1.12 User – a natural person for whom the Client has created a User Account.

1.13 User Account – an account with a unique access code and password.

1.14 Client Administrator – a defined User with elevated permissions (details in sec. 3.7).

1.15 Subscription Fee – a fee for using the Service.

1.16 Installation Fee – a one-time, non-refundable fee for preparing the cloud environment.

1.17 Billing Period – a period (monthly or annual) during which Services are performed and settled.

1.18 Error – improper operation of the Flowgres Application.

1.19 Maintenance Break – a break in access to the Service announced by e-mail.

1.20 Failure – complete lack of access to the Service.

1.21 Force majeure – events beyond the Service Provider’s control, impossible to predict and serious in their effects.

2. General provisions

2.1 Services are provided based on the Order and the TOS.

2.2 An Agreement is concluded upon the joint fulfillment of the following conditions:

  2.2.1 the Client places an Order and it is accepted (sec. 2.3),

  2.2.2 acceptance of the TOS,

  2.2.3 advance payment of the Installation Fee and the Subscription Fee for the first Billing Period.

2.3 The Order is placed by e-mail to office@flowgres.com; it should include, among others: Client details, number of Users, accounts with Administrator permissions, Billing Period, selected Version, and a statement confirming familiarity with the TOS.

2.4 The Order is accepted by e-mail together with the invoice; the Service Provider may propose other terms for the Client’s acceptance.

2.5 Failure to pay the fees in sec. 2.2.3 by the invoice due date entitles the Service Provider to cancel the Order.

3. Terms of Service provision

3.1 Internet access and a web browser are required (recommended: Google Chrome).

3.2 The Service Provider may request identification data; the Client is responsible for their truthfulness and timeliness.

3.3 After the Services start, the Client receives the Access Address, login, and password; access only via the indicated address; automated access is prohibited.

3.4 The Client may have one or more User Accounts as specified in the Order.

3.5 Each User Account is personal; sharing is prohibited. An unused account may be reassigned to a new User.

3.6 For violation of sec. 3.5 the Service Provider may charge a penalty equal to three months of the Subscription Fee.

3.7 The Client Administrator has permissions including:

  3.7.1 adding, editing, and deleting User Accounts and defining the scope of Services and data,

  3.7.2 access to all Client data,

  3.7.3 granting administrator permissions to another User.

3.8 The Client ensures Users’ compliance with the TOS and is liable for their actions.

3.9 Short-term unavailability may occur; the Client maintains its own data archives in another location.

4. Payments

4.1 The Subscription Fee is according to the price list: flowgres.com/pricing (subject to sec. 4.3).

4.2 Prices are net + VAT.

4.3 Price list changes are announced by e-mail; they apply after the current period. The Client may object and terminate the Agreement.

4.4 Invoicing: monthly (payment term ≥14 days) or annually — payment before the end of the period, invoice ≥14 days earlier.

4.5 Acceptance of e-invoices (PDF) in accordance with the VAT Act.

4.6 Payment to the bank account stated on the invoice; the payment date is the date funds are credited.

4.7 Invoice complaints as per sec. 7.

4.8 Delays — statutory interest; a reminder may be sent after 7 days.

4.9 After 30 days in arrears: access suspension; after another 30 days — Agreement termination. Fees accrue until the Service is disabled.

4.10 Resumption is possible after settling arrears and paying a reactivation fee equal to one monthly Subscription Fee.

5. Rights and obligations of the Service Provider

5.1 Providing the Services and ensuring their availability and functionality.

5.2 The right to limit/suspend the Services in particular in case of:

  5.2.1 Error, Maintenance Break, Failure,

  5.2.2 the Client’s breach of the TOS,

  5.2.3 non-payment of the Subscription Fee for an annual Billing Period,

  5.2.4 security or integrity risks to the Service. The Service Provider will notify the Client and, where applicable, indicate the expected restoration time.

5.3 The right to refuse the Services in case of excessive server load caused by the Client.

5.4 Applying security measures and daily backups (every 24 hours); the data may be restored to the last backup.

5.5 The right to modify and update the Services/Application (with e-mail notice where it affects service conditions).

5.6 The right to send important information and commercial communication to the e-mail address from the Order.

6. Rights and obligations of the Client

6.1 Use of the Service in accordance with the Order, the TOS, and applicable law.

6.2 Use only within the Client’s own business; reselling/providing the Services for profit is prohibited.

6.3 Obligation to inform about changes to details and authorized persons.

6.4 Changes to the scope of Services/number of Users by e-mail:

  6.4.1 increase — pay the difference for the remainder of the paid period,

  6.4.2 decrease/termination — effective at the end of the Billing Period.

6.5 The right to information about new versions, breaks, failures, changes to the TOS/price list.

6.6 The right to submit complaints as per sec. 7.

6.7 Cooperation in fixing errors and adjustments.

6.8 Protecting access data; securing own equipment.

6.9 Immediate notification of unauthorized access: support@flowgres.com.

6.10 The Service Provider is not liable for damages arising from breach of sec. 6.8; the Client is liable for damages to the Service Provider/third parties.

6.11 Prohibition on introducing/storing unlawful content (viruses, IP infringements, spam, access attempts, etc.). A contractual penalty of EUR 100,000 for each case.

6.12 The Client is liable for third-party claims and the Service Provider’s related costs.

6.13 No assignment/transfer of rights/obligations without the Service Provider’s written consent.

6.14 Consent to publish information about Agreement performance in the Service Provider’s promotional materials.

7. Complaint procedure

7.1 Report immediately, no later than 7 days from the event — e-mail: support@flowgres.com.

7.2 The Client Administrator submits complaints.

7.3 The complaint must include a problem description; minor errors not causing data loss/damage are not subject to complaint.

7.4 Complaints are handled on business days 9:00–15:00.

7.5 If justified — the deadline and method of resolution are agreed.

7.6 Liability for damages as per sec. 10.

7.7 Irregularities caused by the Client are not the Service Provider’s duty to repair; if fixed, they are treated as an Additional Service.

8. Intellectual property rights

8.1 Rights to the Flowgres Application belong to the Service Provider; use only within the license.

8.2 No removal/modification of legal notices.

8.3 No reverse engineering, decompilation, or disassembly of the Services.

8.4 License: non-exclusive, temporary (for the term of the Agreement), non-transferable, territorially unlimited — for the number of Users in the Order — covering the following fields of exploitation:

  8.4.1 use according to functionalities for the Client’s business needs,

  8.4.2 running on devices and making available online,

  8.4.3 enabling Users to use it (at a place/time of their choice),

  8.4.4 creating databases, reports, analyses, and documents and using them.

The license includes updates and corrections to the Service.

8.5 No sublicensing or making available to third parties without prior written consent.

8.6 No redistribution/modification/distribution of resources (CSS/JS/HTML, etc.) without consent.

8.7 A contractual penalty of EUR 200,000 for each license breach.

9. Term and termination of the Agreement

9.1 The Agreement is for a fixed term equal to the paid Billing Period.

9.2 Automatic renewal for the next period if no resignation at least 14 days before the end.

9.3 Upon termination — fees accrue until the end of the current period.

9.4 Termination at any time by mutual agreement is possible.

9.5 The Client may terminate with immediate effect in cases under sec. 4.3 and 12.6; fees accrue until the termination date.

9.6 The Service Provider may terminate with immediate effect, e.g., for breaches of secs. 3.5, 6.8, 6.10, 6.13, 8.2, 8.5, 8.6; other breaches not remedied within 14 days; liquidation/insolvency.

9.7 Notice must be in writing, at least by e-mail.

9.8 If the Service is blocked for more than 60 days — the Agreement expires automatically; fees accrue until expiry.

9.9 After termination/expiry — user accounts and data are deleted within 14 days; before that, the Client makes its own backup.

10. Liability of the Service Provider

10.1 Liability limited to actual losses up to 12 times the net amount of the last monthly Subscription Fee.

10.2 No liability for lost profits or indirect/consequential damages.

10.3 No liability for damages resulting from the Client’s breach of the Order/TOS (including data loss and recovery costs).

10.4 No liability for improper use of the Application/Services.

10.5 No liability for disruptions due to causes beyond control (Client equipment, Internet, third-party interference, failures, force majeure, DOS/DNS attacks, incompatibilities).

10.6 The Service Provider is not responsible for the content of data entered by the Client nor for monitoring it.

11. Privacy policy and personal data protection

11.1 Data entered by the Client are owned by the Client; the Service Provider promptly informs about personal data breaches.

11.2 Processing is in accordance with the Personal Data Protection Act and GDPR.

11.3 Data will not be used beyond what is necessary to deliver the Service.

11.4 Persons with access to data are obliged to confidentiality.

11.5 Data are protected and secured; backups for the last 14 days are kept.

11.6 Communication is encrypted with SSL; the Client deems this method sufficiently secure.

11.7 Personal data processing is entrusted for the purpose of performing the Agreement.

11.8 GDPR information:

  11.8.1 Controller: ITMORE sp. z o.o., ul. Jana Kochanowskiego 6A/4, 83-000 Pruszcz Gdański, Poland; KRS 0000600881; NIP 6040169091; REGON 36369104600000. DPO contact: office@flowgres.com.

  11.8.2 Processing rules: data processed to perform the Agreement; categories include, among others: first name, last name, billing address, e-mail, phone, information on use of the Service, IP address, device technical data; additionally collected automatically: IP, browser type, operating system.

  11.8.3 Legal basis: Art. 6(1)(b) GDPR (Agreement). Data processed for the term of the Service and longer for settlements/claims. Marketing based on consent (revocable).

  11.8.4 Recipients: server/IT support providers; banks and payment operators; law/tax firms; marketing companies (upon consent).

  11.8.5 Data subject rights: access, rectification, erasure, restriction, portability, objection, withdrawal of consent; complaint to the Data Protection Authority.

  11.8.6 Transfers outside the EEA: none; data may be stored in the EU with third-party hosting/security providers.

  11.8.7 Automated decisions/profiling: possible upon consent.

12. Final provisions

12.1 The Parties keep the other Party’s trade secrets confidential.

12.2 Contractual penalties are independent; the Service Provider may seek damages exceeding penalties.

12.3 Written form is deemed met in the case of a personally signed e-mail.

12.4 Changes/exclusions to the TOS require a written agreement (unless the Parties decide otherwise).

12.5 Invalidity of any provision does not affect the others; the Parties will endeavor to replace them with equivalent ones.

12.6 The Service Provider may amend the TOS — effective on the date of publication; lack of Client’s consent entitles termination within 14 days of receiving the e-mail.

12.7 Disputes: negotiations (30 days), then the court competent for the Service Provider’s registered office.

12.8 Governing law: Polish law, in particular the Civil Code.

12.9 The TOS has been in force since 1 May 2019.