Terms of Service

1. Scope

These Terms are entered into with Flexie CRM e.U., operated by Eriol Gjergji, Fritz-Konzert-Strasse 7, Top 1/3, 6020 Innsbruck, Austria, UID/VAT: ATU81616707, Firmenbuchnummer: FN 679939 k, Firmenbuchgericht: Landesgericht Innsbruck ("Flexie").

These Terms govern access to and use of Flexie CRM, including the CRM platform, workflow automation, reporting, APIs, integration tooling, support services, documentation, and related services (the "Service"). By creating an account, subscribing to the Service, signing an order form, or using the Service, Customer accepts these Terms.

2. Eligibility (B2B Only) and Know Your Customer

The Service, and all other services offered under the Flexie brand, are offered exclusively to businesses (B2B). To access, purchase, or use any Flexie service, Customer must be a registered legal entity, a registered sole proprietorship, or another lawfully registered business (Unternehmer within the meaning of § 1 UGB) acting in the course of its trade, business, or profession. Flexie does not sell to, and the Service is not offered to, consumers, private individuals acting outside a business capacity, or unregistered entities. By accepting these Terms, Customer represents and warrants that it qualifies as a business under this Section.

Flexie applies Know Your Customer (KYC) checks before activating, renewing, or expanding access to the Service. Customer shall provide accurate identification, registration, beneficial ownership, authorized representative, billing, tax, and address information, and shall supply supporting documents on request, such as commercial register extract, VAT registration, identification of authorized signatories, or equivalent. Flexie may verify this information against public registers, sanctions and anti-money-laundering / counter-terrorism financing lists, payment provider checks, and other lawful sources, and may repeat these checks periodically.

Flexie may refuse onboarding, refuse a transaction, suspend access, or terminate the agreement if KYC checks cannot be completed, if the information provided is incorrect, incomplete, or outdated, if Customer no longer qualifies as a business, if Customer or its beneficial owners appear on applicable sanctions or restricted-party lists, or if continuing the relationship would breach applicable law, including AML/CTF, sanctions, export control, or tax regulations. Customer shall notify Flexie without undue delay of material changes to information previously provided.

3. Service Description

Flexie CRM is a CRM and workflow automation platform. The Service provides tools for managing records, entities, users, roles, permissions, dashboards, workflows, APIs, imports, exports, and customer-configured integrations. The exact functionality depends on the subscribed plan, configuration, and enabled features.

4. Accounts and Users

Customer is responsible for maintaining account credentials, managing user access, assigning appropriate roles and permissions, and ensuring that its users comply with these Terms. Customer is responsible for activity performed through its account unless caused by Flexie's breach of these Terms or applicable law.

5. Customer Data

Customer retains all rights in data submitted to, stored in, generated through, or processed by the Service ("Customer Data"). Flexie does not own Customer Data. Flexie processes Customer Data only as necessary to provide, secure, maintain, support, and improve the Service, and as otherwise permitted by the applicable agreement.

Customer is responsible for the accuracy, quality, lawfulness, and permitted use of Customer Data, including ensuring that Customer has the necessary legal basis, notices, consents, permissions, and rights to submit and process such data through the Service.

6. Data Processing Agreement

Where Customer uses Flexie CRM to process Personal Data for which Customer acts as controller, the Flexie Data Processing Agreement forms part of these Terms and governs Flexie's processing of Customer Personal Data as processor.

The Data Processing Agreement (PDF) is available to download. The current DPA is version 2.0, effective 19 May 2026. By creating an account, subscribing to the Service, signing an order form, accepting these Terms, or continuing to use the Service, Customer accepts the DPA.

In case of conflict, the DPA prevails only for the subject matter of processing Customer Personal Data under applicable data protection law.

7. Customer-Configured Integrations

The Service provides tools that allow Customer to configure workflows, API calls, webhooks, email delivery, SMS delivery, telephony actions, database connections, AI/API calls, and other integrations with third-party or customer-owned systems.

Such integrations are selected, configured, authorized, and controlled by Customer. Flexie does not select, contract, appoint, or manage those third-party systems on Customer's behalf unless expressly agreed in writing. Customer is responsible for the third-party service, credentials, endpoint, payload content, legal basis, notices, consents, data processing terms, international transfer compliance, and any sector-specific obligations related to such integrations.

8. AI and Automation

Flexie provides CRM, workflow, automation, permission, and integration tooling. Flexie does not train, fine-tune, own, operate, or run general-purpose AI models or third-party AI models for Customer's use of the Service unless expressly agreed in writing.

Customer may connect external AI vendors, models, APIs, or endpoints through customer-configured integrations. Customer is responsible for selecting and configuring those services, determining the purpose and legal basis, validating outputs, applying human oversight where required, configuring field exclusions, and complying with applicable law, including the GDPR and Regulation (EU) 2024/1689 (EU AI Act).

Roles under the EU AI Act. Within the meaning of Regulation (EU) 2024/1689 (EU AI Act), Flexie is not a provider of an AI system, not a deployer of an AI system, and not a provider of a general-purpose AI model, in respect of Customer's use of the Service. Flexie offers software that allows Customer to configure connections to AI systems and models that Customer selects. Where Customer configures such an AI integration, Customer is the deployer of that AI system within the meaning of Article 3(4) of the EU AI Act and bears the obligations applicable to deployers under Articles 4 and 26 of the EU AI Act and any other obligations imposed on deployers by that Regulation.

Prohibited AI practices. Customer shall not use the Service to engage in any AI practice prohibited under Article 5 of the EU AI Act, including:

1. subliminal, manipulative, or deceptive techniques that materially distort behavior and cause significant harm;
2. exploitation of vulnerabilities of persons due to age, disability, or socio-economic situation that causes significant harm;
3. social scoring of natural persons by public or private actors leading to detrimental or unfavourable treatment;
4. risk assessment of natural persons to predict criminal behaviour based solely on profiling or personality traits;
5. untargeted scraping of facial images from the internet or CCTV footage to build or expand facial-recognition databases;
6. emotion recognition in workplaces or educational institutions, except for safety or medical purposes;
7. biometric categorization to deduce special categories of personal data;
8. real-time remote biometric identification in publicly accessible spaces for law enforcement purposes, outside the narrow exceptions permitted by the EU AI Act.

High-risk AI use cases. If Customer uses the Service in a way that constitutes a high-risk AI system under Article 6 or Annex III of the EU AI Act, including in the areas of biometrics, critical infrastructure, education and vocational training, employment and worker management, access to essential public and private services, law enforcement, migration, asylum and border control, or administration of justice and democratic processes, Customer is responsible for ensuring full compliance with all applicable EU AI Act obligations. These include risk management, data and data governance, technical documentation, record-keeping, transparency, human oversight, accuracy, robustness, and cybersecurity. Flexie's software tooling is not a substitute for the conformity assessment or the obligations that the EU AI Act places on Customer as deployer.

Transparency obligations. Where Customer uses the Service to interact with natural persons by means of an AI system, such as a chatbot, voice agent, emotion recognition feature, biometric categorization feature, or to generate or manipulate image, audio, or text content (including synthetic or deepfake content), Customer is responsible for satisfying the transparency obligations of Article 50 of the EU AI Act. These include informing natural persons that they are interacting with an AI system, disclosing AI-generated or AI-manipulated content where required, and labelling deepfake content. Flexie does not perform these disclosures on Customer's behalf.

AI literacy. Each party shall take measures to ensure, to its best extent, a sufficient level of AI literacy of its staff and other persons dealing with the operation and use of AI systems on its behalf, as required by Article 4 of the EU AI Act, taking into account the technical knowledge, experience, education, and training of those persons and the context in which the AI systems are used.

9. Acceptable Use

Customer shall not use the Service to violate applicable law, infringe rights, send unlawful or unsolicited communications, introduce malware, attempt unauthorized access, interfere with the Service, reverse engineer the Service except where permitted by law, or process data in a way that Customer is not legally entitled to process.

10. Security

Flexie implements reasonable technical and organizational measures designed to protect the Service and Customer Data. Customer remains responsible for configuring user permissions, authentication practices, integration credentials, workflow logic, and field-level controls within its account.

11. Support, Maintenance, and Changes

Flexie may update, improve, modify, or discontinue parts of the Service from time to time. Flexie will use reasonable efforts to avoid materially reducing core functionality without notice where practicable. Support is provided according to the applicable plan, order form, or written arrangement.

12. Fees, Billing, and Taxes

Flexie's main business model is a recurring subscription fee for the Service, billed in advance for the applicable subscription period. Flexie may additionally charge for implementation, configuration, migration, custom workflow, integration, training, or other professional services, scoped, evaluated, and quoted on a per-customer basis according to the requested scenario or project. Fees, payment terms, invoicing, renewal, and cancellation rules are set out in the applicable order form, subscription plan, invoice, or written agreement.

All prices, quotes, and listed fees are exclusive of VAT and any other applicable taxes, duties, levies, or withholdings, which are added at the rate required by law and shown on the invoice.

Payments are processed through Flexie's authorized payment channels: PayPro Global, Stripe, and direct bank account transactions backed by a signed written agreement. Other payment methods may be accepted only where expressly agreed in writing. Customer is responsible for ensuring timely payment through the applicable channel.

Flexie aims to keep pricing stable and will use reasonable efforts to avoid price increases. However, fees may be adjusted where required for reasons outside Flexie's reasonable control, including changes in infrastructure or sub-processor costs, third-party service costs, currency effects, taxes, regulatory or legal changes, or material changes in the scope of the Service. Material price changes affecting Customer's subscription will be communicated by reasonable means in advance and will take effect in accordance with the applicable order form, plan, or written agreement.

Refunds are governed by the Refund Policy in Section 13 and by any rights that cannot be excluded under applicable law.

13. Refund Policy

Flexie offers a 30-day money-back guarantee, no questions asked. If Customer is not satisfied with the Service for any reason, Customer may request a full refund of fees paid for the initial subscription within 30 days of the original purchase date by contacting support@flexie.io. Refunds will be issued to the original payment method within a reasonable period after the request.

The 30-day money-back guarantee applies once per Customer and covers the initial subscription purchase. It does not apply to subsequent renewals, add-on purchases made after the initial 30-day window, one-time implementation or professional services already delivered, or third-party charges incurred through customer-configured integrations (for example external AI providers, telephony, SMS, or email delivery vendors selected by Customer).

After the 30-day window, fees are non-refundable except where required by law or expressly stated in the applicable agreement. Nothing in this Section limits mandatory consumer withdrawal rights where they apply.

14. Suspension and Termination

Flexie may suspend access to the Service where reasonably necessary due to non-payment, security risk, unlawful use, breach of these Terms, or use that may harm the Service or other customers. Either party may terminate according to the applicable order form or subscription terms.

15. Data Export and Deletion

During the subscription term, Customer may export or delete Customer Data using available Service functionality, subject to technical capabilities and applicable retention rules. After termination, Customer Data may be made available for export for a reasonable period and then deleted or made inaccessible, subject to backup rotation and legal retention requirements.

16. Intellectual Property

Flexie and its licensors retain all rights in the Service, software, documentation, designs, workflows, templates, technology, and related intellectual property. Customer receives a limited, non-exclusive, non-transferable right to use the Service during the subscription term in accordance with these Terms.

17. Confidentiality

Each party shall protect confidential information received from the other party using reasonable care and shall use it only for purposes related to the Service, unless disclosure is required by law.

18. Warranty Disclaimer

The Service is provided on a commercially reasonable basis. To the maximum extent permitted by Austrian law, and without prejudice to statutory warranty rights under §§ 922 ff. ABGB, Flexie does not warrant that the Service will be uninterrupted, error-free, secure against every attack, free from delays, free from data loss, or suitable for every Customer use case, business goal, or technical environment. Flexie disclaims all implied warranties to the extent permitted by law, including warranties of merchantability, fitness for a particular purpose, accuracy of results, and non-infringement.

Customer is responsible for testing workflows, integrations, AI settings, automations, prompts, payloads, and outputs before relying on them in production, and for monitoring their continued correctness over time. Where Customer qualifies as a business under Section 2 and § 377 UGB applies, Customer shall inspect the Service or delivered work without undue delay and shall give written notice of any apparent defects without undue delay; failure to give timely notice results in loss of warranty rights to the extent provided by § 377 UGB.

Nothing in this Section limits or excludes rights or liability that cannot be limited or excluded under mandatory Austrian or EU law, including liability for personal injury or death, intent (Vorsatz), gross negligence (grobe Fahrlässigkeit) of Flexie's executive bodies, fraudulent misrepresentation, or claims under the Austrian Product Liability Act (Produkthaftungsgesetz, PHG).

19. Limitation of Liability

Each party is responsible for its own breach of these Terms and applicable law. Subject to the carve-outs set out in this Section, and to the maximum extent permitted by Austrian law, Flexie's aggregate liability to Customer arising out of or in connection with the Service and these Terms is limited to the amounts actually paid by Customer to Flexie for the Service during the twelve (12) months preceding the event giving rise to liability.

To the maximum extent permitted by law, Flexie shall not be liable for indirect, consequential, incidental, or special damages, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, loss or corruption of data, or business interruption, regardless of the legal theory of the claim.

Flexie is not responsible for customer-selected vendors, customer-configured integrations, external AI services selected by Customer, Customer's legal basis, Customer's communications, Customer's recipient lists, Customer's workflow logic, or Customer's compliance decisions.

The limitations and exclusions in this Section do not apply to, and nothing in these Terms limits or excludes, liability for:

1. personal injury or death caused by Flexie's negligent act or omission;
2. intent (Vorsatz);
3. gross negligence (grobe Fahrlässigkeit) of Flexie's executive bodies;
4. liability under the Austrian Product Liability Act (Produkthaftungsgesetz, PHG);
5. fraudulent misrepresentation; or
6. any other liability that cannot be limited or excluded under mandatory Austrian or EU law.

Claims must be brought within the limitation periods prescribed by applicable law. Customer's notification duty under § 377 UGB, where applicable, is preserved.

20. Indemnification

Customer shall indemnify, defend, and hold Flexie and its affiliates, directors, employees, and agents harmless from and against any third-party claims, demands, actions, damages, losses, liabilities, fines, penalties, and reasonable legal costs arising out of or in connection with:

1. Customer Data;
2. Customer-configured integrations, AI endpoints, or third-party services selected and controlled by Customer;
3. Customer's communications, recipient lists, and outreach conducted through the Service;
4. Customer's breach of these Terms or applicable law;
5. Customer's use of the Service in a manner not permitted under these Terms or the applicable agreement; or
6. infringement of third-party rights by Customer Data, content uploaded by Customer, or configurations created by Customer.

Flexie shall indemnify Customer against third-party claims that Customer's authorized use of the Service, as provided by Flexie and used in accordance with these Terms, directly infringes a valid Austrian or EU intellectual property right, subject to Customer:

1. notifying Flexie of the claim without undue delay;
2. giving Flexie sole control of the defence and settlement; and
3. providing reasonable cooperation at Flexie's expense.

This indemnity does not apply to claims arising from Customer Data, Customer-configured integrations, modifications not made by Flexie, combinations of the Service with non-Flexie products or services, or use of the Service contrary to these Terms or applicable law. Flexie's indemnification obligation under this paragraph is subject to the limitations of liability in Section 19, except where Austrian or EU mandatory law does not permit such limitation.

The indemnified party shall notify the indemnifying party in writing of the claim without undue delay, give the indemnifying party reasonable control of the defence, and provide reasonable cooperation. Settlements that impose non-monetary obligations on the indemnified party require its prior written consent.

21. Business Customers Only

The Service is offered to business customers only, as set out in Section 2. The Service is not intended for, marketed to, or sold to consumers, and Flexie does not enter into agreements with consumers. If, despite this restriction, a person is legally treated as a consumer in a specific case, nothing in these Terms excludes rights that cannot be excluded by law in that case.

22. Changes to Terms

Flexie may update these Terms from time to time. Material changes will be communicated to Customer in advance of the effective date by reasonable means, such as email to the address on file, account notice, or in-product notice. Non-material changes, including clarifications, typographical corrections, and changes required by law, take effect on publication. Continued use of the Service after the effective date of updated Terms constitutes acceptance, unless mandatory law requires a different process. If Customer does not accept a material change, Customer may terminate the affected subscription by written notice before the effective date, in which case Flexie shall refund the pro-rated portion of prepaid fees for the unused subscription term.

23. Service Levels

These Terms do not include a fixed service-level agreement (SLA). Service availability targets, response times, support hours, escalation procedures, scheduled maintenance windows, and any remedies for missed targets are agreed individually with each Customer in the applicable order form, plan, or written agreement, and are tailored to and aligned with the pricing and scope of the subscription selected by Customer. In the absence of an agreed SLA, the Service is provided on a commercially reasonable basis as set out in Section 18.

24. Publicity and Customer References

Flexie may use anonymized customer implementations, configurations, workflows, and use cases to illustrate features, capabilities, or example deployments of the Service, including in documentation, marketing materials, demonstrations, sales conversations, and case studies. When doing so, Flexie shall not disclose Customer's name, brand, logo, trademarks, or Customer Personal Data, and shall not expose Customer Data in identifiable form. Customer Data used for such purposes shall be anonymized, pseudonymized, or replaced with synthetic data to the extent necessary to prevent identification of Customer or any data subject.

Public references to Customer as a customer of Flexie, including use of Customer's name or logo on the Flexie website or in marketing collateral, require Customer's prior written consent.

25. Feedback

Customer may submit suggestions, ideas, feature requests, comments, or other feedback about the Service ("Feedback"). Feedback is provided voluntarily and on a non-confidential basis. Flexie may use, modify, and incorporate Feedback into the Service and related products without restriction, attribution, or compensation. Customer shall not submit Feedback that contains Customer Personal Data, third-party confidential information, or third-party intellectual property that Customer is not entitled to disclose.

26. Subcontractors

Flexie may engage subcontractors to support the provision and operation of the Service, including for hosting, infrastructure, payment processing, billing, support, security, and similar operational functions. Subcontractors that process Customer Personal Data on Flexie's behalf are governed by the Data Processing Agreement referenced in Section 6, which sets out the sub-processor regime, authorization process, and notice mechanism for personal data. Engagement of subcontractors that do not process Customer Personal Data is at Flexie's discretion. Flexie remains responsible for the performance of its subcontractors under these Terms.

27. Sanctions, Export Control, and Anti-Corruption

Each party shall comply with applicable economic and trade sanctions, export control laws, and anti-money-laundering / counter-terrorism financing regulations, including those of the European Union, Austria, the United Nations, and, where applicable, the United Kingdom and the United States. Customer represents and warrants that Customer, its beneficial owners, and its authorized users are not subject to applicable sanctions or restricted-party lists and that Customer will not use the Service in a manner that would cause Flexie to violate these laws.

Each party shall comply with applicable anti-corruption and anti-bribery laws, including the Austrian Corruption Criminal Code (Korruptionsstrafrechtsänderungsgesetz) and equivalent rules in other jurisdictions where the party operates. Neither party shall offer, give, or accept any improper benefit, payment, or advantage in connection with these Terms or the Service.

If Flexie reasonably believes that continued provision of the Service would breach this Section, Flexie may suspend or terminate the agreement in accordance with Sections 2 and 14 without liability.

28. Force Majeure

Neither party is liable for failure or delay in performance caused by events outside its reasonable control, including acts of war, armed conflict, terrorism, civil unrest, strikes, labor disputes, natural disasters, fires, floods, pandemics, epidemics, energy or telecommunications outages, internet or cloud-provider disruptions, denial-of-service or other cyberattacks beyond reasonable defensive measures, sanctions, embargoes, government or regulator orders, and acts or omissions of authorities ("Force Majeure"). The affected party shall notify the other party without undue delay and use reasonable efforts to mitigate the impact.

Force Majeure does not relieve Customer of payment obligations for the Service already provided. If a Force Majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected subscription on written notice, without liability for the event itself.

29. Assignment

Customer shall not assign, transfer, sublicense, or otherwise dispose of these Terms, the Service, the account, or any rights or obligations under these Terms, in whole or in part, without Flexie's prior written consent. Any purported assignment in breach of this Section is void.

Flexie may assign or transfer these Terms in whole or in part, including in connection with a merger, acquisition, corporate reorganization, change of control, or sale of all or substantially all of its assets or the business relating to the Service. Flexie shall provide reasonable notice to Customer of such assignment.

30. Severability

If any provision of these Terms is held to be invalid, unenforceable, or void by a court or competent authority of relevant jurisdiction, the remaining provisions remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original economic and legal intent of the parties. The parties acknowledge this is a salvatorische Klausel under Austrian law.

31. Entire Agreement and Order of Precedence

These Terms, together with the Data Processing Agreement, the applicable order form or subscription plan, the Privacy Policy, the Cookie Policy, the Data Retention Policy, and any written agreement between the parties referencing the Service, constitute the entire agreement between Flexie and Customer in relation to the subject matter and supersede all prior agreements, representations, and understandings, whether oral or written.

In case of conflict between documents, the order of precedence is, unless expressly stated otherwise:

1. the executed order form or written agreement for the specific subject matter;
2. the Data Processing Agreement, for the subject matter of processing Customer Personal Data;
3. these Terms;
4. the Privacy Policy, Cookie Policy, and Data Retention Policy.

32. Notices

Legal notices to Flexie shall be sent by email to support@flexie.io or by registered mail to Flexie CRM e.U., Fritz-Konzert-Strasse 7, Top 1/3, 6020 Innsbruck, Austria. Notices to Customer shall be sent to the email address or postal address on file in Customer's account, or delivered through in-product notice. Notices are deemed received on the next business day after dispatch by email or in-product notice and on the third business day after dispatch by registered mail.

33. No Waiver

The failure or delay of either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver is effective only if made in writing and signed by the waiving party, and applies only to the specific matter waived.

34. No Third-Party Beneficiaries

These Terms are made for the benefit of Flexie and Customer only. Except for the indemnitees expressly identified in Section 20, no third party has any right to enforce or rely on these Terms, whether under the doctrine of Vertrag zugunsten Dritter (contract in favor of a third party) under Austrian law or otherwise.

35. Governing Law and Jurisdiction

These Terms are governed by Austrian law, without prejudice to mandatory rights under applicable EU or Member State law. The competent courts are the courts agreed in the order form or, absent such agreement, the competent courts for Innsbruck, Austria, unless mandatory law provides otherwise.

36. Contact

Questions about these Terms may be sent to support@flexie.io.