Terms and conditions

Thank you for using FlyingForms. By using FlyingForms, you agree to our Terms of Service, which is a legal agreement. If you are using FlyingForms for an organization, you are agreeing on behalf of that organization.

Our Terms of Service apply to your use of our Websites and Services.

1. General, contracting parties, applicability

1.1 The following terms and conditions apply exclusively to entrepreneurs in the sense of § 14 BGB (German Civil Code). The contracting party in the context of the following terms and conditions is the EWS Elb Webservices UG (haftungsbeschränkt), Tempowerkring 3, 21079 Hamburg (hereinafter referred to as: “FlyingsForms”) and the customer. The general terms and conditions apply in particular to contracts for the provision and use of FlyingsForms’s online-based service (hereinafter referred to as “Services”).

1.2FlyingsForms’s services are governed exclusively by these general terms and conditions. Conflicting conditions or conditions differing from the present terms of the customer are accepted by FlyingsForms only to the extent that FlyingsForms has expressly agreed to them in writing. They do not have any effect if FlyingsForms has not contradicted them in individual cases. The contract language is German.

1.3These general terms and conditions apply in the version valid at the time of conclusion of the contract or at least in the version communicated to the customer in text form as framework agreement, also for similar future contracts, without having to refer to the general terms and conditions in each individual case.

1.4FlyingsForms reserves the right to modify the present terms and conditions at any time. The customer will be noticed of these modifications in written form. If the customer does not object to these modifications in the form of a written notice within 6 weeks from the date on which he received the notification of change, the revised terms and conditions will be deemed accepted. If unpredictable and unalterable changes occur after the conclusion of the contract (e.g changes in the law) or if loopholes are revealed, which significantly disturbs the relationship between performance and consideration, FlyingsForms has the right to modify the general terms and conditions without the customer’s consent. The customer must also be informed about this in text form.

1.5The assignment of claims against us to third parties is excluded. § 354 a HGB (German Commercial Code) remains unaffected.

2. Offer / Scope of service / Conclusion of the contract

2.1The services offered by FlyingsForms on its website or in advertisements, catalogs or brochures are non-binding. They are a non-binding invitation to the customer to select appropriate plans on FlyingsForms.

2.2With the customer’s registration at flyingforms.io and the selection of the respective plan, the customer makes a non-binding offer to conclude a contract.

2.3After receipt of this request, FlyingsForms informs the customer immediately by email about the receipt of the order and sends a confirmation link. This order confirmation by FlyingsForms is not an acceptance of the order, but merely a confirmation that the order has been received.

2.4The contract between FlyingsForms and the customer only comes into effect when the customer clicks on the confirmation link sent by email and when FlyingsForms sends the access data to the customer. FlyingsForms reserves the right to refuse the conclusion of the contract without stating reasons.

2.5After the conclusion of the contract, the customer immediately has the opportunity to access his account, within which he can manage his settings and use the selected FlyingsForms services.

2.6Insofar as the customer does not call up the confirmation link within one week of receipt, FlyingsForms is entitled to delete the account created by the customer.

2.7The performance owed by FlyingsForms results from the present license agreement. Statements and explanations given by FlyingsForms in promotional materials and on websites are intended as a description of the quality and not as a guarantee or warranty of a property.

3. Registration

3.1With the registration, the customer assures that all data concerning his person or company, which has been provided during the registration process as well as within the account created subsequently, are accurate and complete. The use of pseudonyms is forbidden.

3.2The customer is obliged to keep the address and contact data provided at the time of registration up to date and to immediately proceed to modifications in case of any changes. Furthermore, the customer is obliged to provide a permanent contact person as representative, along with their email address and postal address (in case the latter differs from the general address of the customer) within the account that has been created during the registration. In addition, the customer must name any qualified person along with their contact data (name, email address, phone number) who is authorized to make use of the FlyingsForms services (“other authorized users”) too. The other authorized users will receive individual access data, which will be pre-determined by the customer.

3.3The customer as well as the other authorized users are bound to exercise the best possible care regarding their own access data. FlyingsForms is not liable for the misuse or loss of access data. If the customer becomes aware of a misuse, he must immediately notify FlyingsForms in writing.

3.4Subject to the terms of the contract and the following provisions, and on the condition of payment of the owned and due compensation, the customer shall be entitled to the simple, non-exclusive, non-transferable right, limited to the term of the contract, to use the subscribed services for himself and for the authorized users.

4. Pricing / Due date of the payment

4.1The compensation to be paid by the customer for the use of the selected plan is specified in the respective license agreement.

4.2All prices are exclusive of VAT for business customer at the relevant time. For private customer all prices are inclusive of VAT at the relevant time.

4.3Discount deductions are not granted.

4.4The compensation must be paid in advance for the agreed reference period and the subsequent extension periods. The duration of the reference period and subsequent extension periods is specified in the license agreement.

4.5Invoices from FlyingsForms are due for payment immediately upon receipt by the customer without deductions. The customer can pay by credit card or PayPal.

4.6In case the customer comes into default with his payments, FlyingsForms is authorized to deny the customer due services and to block the access to his account. In this case, FlyingsForms is going to notify the customer in time about the blocking of his account and the setting of a deadline to settle the debt. Furthermore, FlyingsForms is entitled to charge interests at the rate of nine percentage points above the base rate. These are in particular the fees charged by the bank and the costs of the notification.

4.7The withholding of payments due to counterclaims or the offsetting against counterclaims by the customer is only permissible if these counterclaims are undisputed or legally established.

4.8FlyingsForms is entitled to increase the fee for subscriptions with a written notice of three months until the end of the month, as far as, after the conclusion of the contract, either the necessary costs for the provision of the services, in particular the costs of maintenance and further development of the technical infrastructure or the costs of customer service and general administration have increased overall – even when taking into account any cost savings incurred.

5. Start of the contract and termination

5.1The duration of the contract is determined by the chosen plan. The contract extends by the duration corresponding to the plan if the contract is not terminated in written form vis-à-vis FlyingsForms within the period of cancellation of 14 days until the end of the contract term. It is sufficient that the termination is made in the account settings.

5.2The right to terminate the contract without notice for good cause remains unaffected. This is especially true if:

  • the customer is in default of payment for the upcoming period;
  • the customer repeatedly violates the provisions of these General Terms and Conditions;
  • an application for the opening of insolvency proceedings has been filed against the customer and such proceedings have been opened or refused for lack of assets.

6. Responsibilities and obligations of the customer

6.1The customer bears full responsibility for the use of the services, the correct processing of his data as well as the obtained results.

6.2The customer is obliged to always use the latest version of the services provided by FlyingsForms. Software updates are carried out automatically. This does not include apps, plugins and add-ons. The customer bears full responsibility for the adjustment and updating of individual settings.

6.3The customer is obliged to create, at his own expense and risk. This concerns, above all, the system requirements, the infrastructure as well as the telecommunications connection between the customer and FlyingsForms.

6.4The customer agrees to use the FlyingsForms services solely for the purposes defined by the contract. The access to the FlyingsForms services is to be made exclusively via the agreed ways. The customer is not authorized to avoid, remove, switch off or render inoperable any security measures established by FlyingsForms.

6.5The customer agrees to maintain appropriate technical and organizational security standards and ensures that no virus gets from his system into the FlyingsForms systems. Furthermore, the customer is obliged to control the proper use of the contractual services of his employees and especially of those employees defined as other authorized users in his profile. He agrees to bind the authorized users selected by him to the provisions of these terms and conditions. The customer bears liability for the use of his access to the FlyingsForms services through the passwords chosen by him or his infrastructure, unless he proves to FlyingsForms that he is not the one who used the services.

6.6The customer agrees to ensure that the contractual use of the information, data and materials provided by him does not infringe any rights of a third party. Before transferring any information, data or material to FlyingsForms, the customer is obliged to check if FlyingsForms is authorized to use the information, data and materials in question within the contractual services and, if needed, to grant the necessary rights of use and to seek the consent of third parties. The customer indemnifies and holds FlyingsForms harmless from and against third parties’ claims which result from the infringement of the obligations mentioned above. The indemnification also includes the costs of a required legal defense.

6.7Furthermore, the customer is obliged to refrain from the following usage behavior:

  • sending mass text messages, text message bombing, junk mails, spamming or comparable behavior
  • trying to translate, decompile or disassemble the software codes of the contractual partner
  • the distribution and reproduction of copyrighted works (e.g. performing art, music, literature, software, etc.), the making available through links or the use of these works, whether in return of payment or not, if and as far as there is no legal allowance or consent of the copyrighted authorized user.
  • the use of programs, program functions or comparable technical equipment to allow the use of the program by avoiding the user interface, e.g. by using scripts, robots, posting automatisms, etc.
  • the use of any applications that lead to a modification of the physical or logical structures of the used networks
  • invitations to participate at so-called snowball systems, multilevel marketing or comparable competitions
  • measures to hide manually or automatically the advertisement placed or presented under flyingforms.io

6.8Furthermore, the customer agrees to respect the following provisions while using the services provided by FlyingsForms, and especially when creating content:

  • all content presented by the customer must comply with the facts and must be the most objective and accurate possible. The content must neither infringe any patent laws, copyrights, trademark law or personal rights, nor any other legal positions of third parties.
  • the publication, sending or making available of content is prohibited if it represents or contains the following:
    • intentional misinformation, insults, defamation, obscenities or lies;
    • threats against other users, providers or third parties;
    • commercial self-promotion through email addresses, URL or phone numbers
    • information by hearsay and unconfirmed statements by third parties;
    • logos, titles, brand names or material with commercial purposes
    • overt or covert advertisement
    • announcement of irrelevant facts
  • Furthermore, it is prohibited to post any content that:
    • was copied from or posted somewhere else;
    • contains hurtful statements or comments;
    • are pornographic, obscene, insulting, vulgar or in any way offensive;
    • is a carrier of viruses, Trojans or any other kind of harmful programs that represent a potential security risk;
    • is undesired, especially those of discriminating, racist, inhuman, radical, religious, xenophobic, nazi, pornographic or in any way sexually degrading character
    • statements and behavior of any kind that infringe legal provisions, especially those against the Strafgesetzbuch (StGB; German Penal Code), the German narcotics law and Medicines Law, the Jugendschutzgesetz (JschG; German Youth Protection Legislation), the Wettbewerbsrecht (UWG; German Competition Law), the copyright and the trademark law as well as any other property rights and individual rights of third parties.

6.9If the contractual obligations defined by the terms and conditions become subject of infringement, FlyingsForms is authorized to block the access to the services provided, to delete the customer’s account and/or to delete or replace any content that is contrary to agreement or illegal, to terminate the contractual relationship and/or to deny a renewed registration by the customer. Any claims against FlyingsForms, that may arise from such measures are excluded.

7. Service modifications and availability

7.1FlyingsForms reserves the right to extend, modify or limit certain functions, as far as it serves the purpose of technical progress, in order to avoid any kind of infringement or if FlyingsForms is obliged to do so because of legal provisions. In case the contractual use of the service by the customer is affected significantly by the modification of the services, the customer has the right to change the plan or to terminate the contract.

7.2FlyingsForms will make efforts to keep the online-based invoicing service operational 99% of the time in annual/monthly average. This does not apply to:

  • the times of unavailability, which are based on disturbances of the Internet that can not be influenced by FlyingsForms or on other circumstances for which FlyingsForms is not responsible, in particular for force majeure;
  • the times of unavailability due to scheduled maintenance of the database system, which are performed regularly;
  • the times due to mandatory unscheduled maintenance required to eliminate malfunctions; the customer is informed of this by an indication on the website if possible;
  • the times of unavailability, which are based on the fact that the necessary technical prerequisites for the use of the services created by the customer are not met.

8. Liability

8.1The liability of FlyingsForms is conform to the statutory provisions, unless deviations result from the following regulations.

8.2FlyingsForms is only liable for intent and gross negligence. This also applies to intentional or grossly negligent conduct of the salesman’s agents and / or vicarious agents. This limitation of liability does not apply to cases of breach of essential contractual obligations as well as in cases of injury to life, limb and health and to mandatory liability under the Product Liability Act.

8.3The liability for damages is limited to the predictable, typically occurring damage.

8.4Unless otherwise stipulated above, liability is excluded. This applies in particular to damages that are caused by reasons that are not the responsibility of FlyingsForms, such as force majeure, strikes, official measures, loss of funds or other disturbances.

8.5The period of limitation is 12 months, calculated from the time of the conclusion of the contract.

9. Confidentiality and data protection

9.1The data processing takes place in accordance with the applicable German Federal Data Protection Act (BDSG), the General Data Protection Regulation of the EU (EU-DSGVO) and the German Telemedia Act (TMG).

9.2FlyingsForms considers the proper processing of personal data to be very important; the privacy policy can be viewed at http://flyingforms.io/Service/DataPrivacy.

9.3To the extent that the customer publishes or orders somebody else to publish personal data of third parties in FlyingsForms’s online forms service, he is held responsible vis-à-vis FlyingsForms and shall ensure that this is permitted under applicable data protection law.

9.4The parties are obliged to treat as confidential all confidential information that becomes known to them during the execution of this contract and to use it exclusively for contractually agreed purposes and not to pass it on to third parties or to exploit it. The parties are obliged to bind their employees and co-workers as well as other parties accordingly.

9.5Confidential information within the meaning of this provision is information, documents, statements and details that are designated as such or are to be regarded as confidential by their nature.

10. Miscellaneous; Jurisdiction; Governing Law

10.1Should any of the above provisions be ineffective, the validity of the concluded contract shall not be affected. The parties will conclude a loophole resulting from ineffectiveness through a joint agreement that gets as close as possible to the ineffective provision, both economically as legally.

10.2If the customer is a merchant, a legal entity under public law or a special fund under public law, the seat of FlyingsForms shall be the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies if the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code).

10.3Place of performance is also the domicile of FlyingsForms.

10.4German law applies for the conclusion and the completion of all contracts. The validity of the UN Sales Law (CISG) is excluded.

last revised 2020