This translation is provided for convenience; the German version is legally binding.
These terms apply to the use of the software “Floowa” (the “Service”) provided by LBY IT UG (haftungsbeschränkt) (the “Provider”). The Service is offered exclusively to businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law (the “Customer”). No contracts are concluded with consumers within the meaning of § 13 BGB; on registration the Customer confirms that it uses the Service for its commercial or independent professional activity.
Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.
Registration creates a contract for a free 30-day trial for up to ten employees, all of whom may have their own login. The trial ends automatically and does not turn into a paid plan. A paid contract only arises when the Customer books a plan and completes the payment process. Without a booked plan the data remains readable for 90 days after the end of the trial but can no longer be changed; afterwards the company account is deleted with all data.
The Provider makes the Service available as software-as-a-service over the internet. The scope of services follows from the booked plan and add-on modules. The Provider may further develop the Service as long as the essential features of the booked plan are preserved. The Provider strives for high availability; maintenance is carried out outside normal business hours where possible.
Fees depend on the number of active employees and the booked plan according to the current price list, but at least the monthly minimum stated there. All prices are exclusive of statutory VAT. Billing is monthly or yearly in advance via the payment provider Stripe. Changes in the number of employees are prorated.
Monthly subscriptions can be cancelled at any time to the end of the current billing month, yearly subscriptions to the end of the current billing year. The Provider may terminate the contract with six months' notice to the end of a month, in particular if it discontinues the Service. The right to terminate for cause remains unaffected. The Customer can delete its company account at any time; amounts already paid are not refunded. Before deletion the Customer can export its data in the Service. After the end of a paid contract the data remains readable for 30 days and is deleted afterwards. Before any deletion not ordered by the Customer, the Provider informs the Customer's administrators by email 30 and 7 days in advance; deletion takes place no earlier than 7 days after the last message.
The Customer keeps login credentials secret, grants permissions only to authorised persons and uses the Service only in accordance with applicable law. The Customer remains responsible for complying with employment and data protection obligations towards its employees, in particular for informing employees, involving a works council and for the accuracy of the recorded data. Hints in the Service on working time law do not replace legal advice.
The Customer cooperates appropriately in the provision of the Service, in particular by providing the information required for use completely and correctly, reporting faults promptly and comprehensibly and regularly backing up data important to it using the export functions.
The Customer indemnifies the Provider against third-party claims based on unlawful use of the Service by the Customer or its users or on content uploaded by the Customer, including reasonable costs of legal defence. This does not apply where the Customer is not responsible for the infringement.
The Service may not be used to develop, improve or market a competing product – in particular not for competitive analysis, comparative tests for competitive purposes or copying features, interfaces or content by or on behalf of providers of comparable software. The Provider may terminate trial accounts that evidently serve this purpose at any time without notice.
Both parties comply with the applicable data protection law, in particular the GDPR and the German Federal Data Protection Act (BDSG). Where the Provider processes personal data on behalf of the Customer, the data processing agreement concluded by the Customer in the Service under “Company → Data protection” applies. Otherwise the privacy policy applies.
The parties treat all confidential information of the other party that becomes known to them under the contract, in particular trade and business secrets, as confidential and use it only to perform the contract. This does not apply to information that is generally known, was already known to the receiving party or must be disclosed due to legal or regulatory obligations. This obligation survives the end of the contract.
The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slight negligence the Provider is only liable for breach of an essential contractual obligation, limited to the typical, foreseeable damage. For loss of data the Provider is only liable for the effort that would have been required to restore the data had the Customer backed it up properly.
The Provider may change these terms with at least six weeks' notice. If the Customer does not object within this period, the changes are deemed accepted; the notice will point out this consequence. In the event of an objection, either party may terminate the contract as of the effective date.
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.
Last updated: October 29, 2026