Terms of use

1. Scope

These terms govern the use of jumoca FLOW, the add-in for Microsoft Excel, and the online service behind it. jumoca FLOW is provided by jumoca, Julian Caspary, Am Waldangelbach 67, 69168 Wiesloch, Germany (“we”).

jumoca FLOW is for businesses within the meaning of Section 14 of the German Civil Code, not for consumers. By signing in and with every order, the customer confirms that it is acting as a business. Terms of the customer that differ from these do not apply, even if we do not expressly object to them.

2. The contract

The customer, and so our contracting party, is the organisation that owns the Microsoft work or school account a user signs in with. The first sign-in creates a contract for free use, and taking out a subscription creates a contract for paid use. The obligations under Section 312i (1) sentence 1 nos. 1 to 3 of the German Civil Code do not apply.

3. The service

The scope of the service is set out in the description on our website and when ordering. The results of jumoca FLOW are produced with the help of AI models and can be wrong. The customer checks them before using them and is responsible for how they are used.

4. Prices and payment

The scope of free use is set out on our website. For paid subscriptions, the price shown when ordering applies. All prices are exclusive of statutory VAT.

If a payment due is not made, we may suspend the paid features until the amount is settled.

5. Provider mode

Provider mode is for passing maps on to independent third parties. Its prices are shown when ordering. A provider may not add its own organisation, or a company it controls or is controlled by, as a client, and may not give its own staff access through provider mode. In case of a breach, we may charge the users concerned at the seat price from the start of the breach and end provider mode.

6. Term and termination

The term and notice period of a subscription are set out in the order. Unless the order says otherwise, the customer can cancel at any time, effective at the end of the current billing period, and keeps access until then. The customer can end free use at any time by closing its account.

We can terminate the contract with 30 days’ notice. The right of either party to terminate for good cause remains unaffected.

7. Rules of use

A seat is tied to one person. The customer may not use jumoca FLOW to build a competing product or put an excessive load on the service, for example through automated mass processing. The customer makes sure its users keep their sign-in secure and tells us without delay about any misuse.

If the customer breaks these rules, we may suspend access, in serious cases without prior notice.

8. Availability and development

We do not owe uninterrupted availability. Maintenance and events outside our control can cause interruptions.

We develop jumoca FLOW further and may change features, provided the essential scope of the service is preserved and the change is reasonable for the customer.

9. Rights of use

For the term of the contract, the customer receives the non-exclusive, non-transferable right to use jumoca FLOW within these terms. All other rights remain with us.

10. Data protection

Where we process personal data on behalf of the customer, the data processing agreement applies. It is part of these terms. Otherwise, the privacy policy applies.

11. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.

For slight negligence, we are liable for breach of essential contractual obligations, meaning obligations whose fulfilment makes proper performance of the contract possible in the first place and on which the customer may regularly rely. Liability is then limited to the foreseeable damage typical for this kind of contract. Otherwise, liability for slight negligence is excluded.

Strict liability for defects that already existed when the contract was concluded (Section 536a (1) of the German Civil Code) is excluded. For free use, we are not liable for slight negligence, except for injury to life, body or health.

12. Changes to these terms

We notify the customer of changes to these terms in text form at least six weeks before they take effect. They take effect if the customer agrees. If the customer does not agree, the existing terms continue to apply, and either party may terminate the contract at the end of the current month.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Heidelberg, Germany. If the language versions differ, the German version prevails.