Commercial terms of service

1. Parties, scope and order of precedence

This agreement is between FlowFinds Solutions Kft., a company registered in Hungary (company registration number 13-09-242910, VAT number HU32903081) — “FlowFinds”, “we”, “us” — and the organisation identified on the account, and any person accepting these terms on its behalf (“you”).

1.1 By accepting these terms you confirm that you have authority to bind the organisation. If you use FlowFinds as an individual outside a trade or profession, the consumer terms apply instead.

1.2 This agreement comprises these terms, the acceptable use policy, the service-specific terms, the billing and refund terms and, where we process personal data on your behalf, the data processing addendum.

1.3 In a conflict, the order of precedence is: a signed order form, the data processing addendum, the service-specific terms, these terms, then any other document. Purchase-order terms you send us have no effect unless we sign them.

2. The service and access

2.1 We grant you a non-exclusive, non-transferable right, for the subscription term, to access FlowFinds at FlowFinds and its API for your own business purposes.

2.2 Named users are individuals within your organisation. You are responsible for their acts and omissions, for the security of API keys issued to you, and for revoking access when a person leaves.

2.3 Usage is metered per tool on a rolling window, and the API additionally under the published rate limits. We may throttle usage that threatens the stability of the service, and will tell you when we do.

2.4 We may change the service. Where a change materially and adversely reduces core functionality of a plan you pay for, you may terminate on notice within 30 days and receive a refund of the unused period.

3. Your obligations as the seller

3.1 You are the merchant of record for everything you sell. FlowFinds generates a storefront and operates agents for you; it does not sell your goods, does not contract with your buyers, and is not a party to any sale.

3.2 You are responsible for product safety and compliance, labelling, import duties, consumer information and withdrawal rights owed to your buyers, VAT and other taxes, and your own privacy notice and cookie disclosures on the storefront.

3.3 You are responsible for verifying supplier terms before you rely on them. Sourcing figures the agent reports — observed listing prices, margin basis, expected unit economics — are observations at a point in time, not warranted prices.

3.4 You will review generated advertising and campaign material for compliance with the rules of the platform on which you publish it. FlowFinds drafts campaign material; the decision to publish is always yours.

4. Data protection

4.1 Where FlowFinds processes personal data of your buyers, staff or contacts on your behalf, you are the controller and we are the processor, and the data processing addendum applies automatically. It does not need to be separately signed.

4.2 Where we process personal data about your account and its users for our own purposes — billing, security, service improvement — we are the controller and the privacy policy applies.

4.3 Our current sub-processors are listed at sub-processors, and you may subscribe to notice of changes there.

5. Confidentiality

5.1 Each party will keep the other’s non-public information confidential, use it only to perform this agreement, and protect it with at least the care it uses for its own confidential information.

5.2 This does not cover information that is public through no breach, was already known, is independently developed, or must be disclosed by law — in which case the disclosing party is told first where that is lawful.

5.3 Obligations continue for three years after termination, and indefinitely for material that is a trade secret.

6. Intellectual property

6.1 We own FlowFinds, its models, prompts, evaluation suites and the software. You own your content and, as between us, the generated output for your account.

6.2 You grant us a licence to host, process and display your content for the purpose of providing the service, and to retain aggregated, de-identified statistics that cannot identify you or your buyers.

6.3 We may name you as a customer only with your written consent. Use of our marks is governed by the trademark guidelines.

7. Fees, invoicing and taxes

7.1 Fees are those on pricing or on a signed order form, billed monthly in advance and payable by card through our payment provider, or by invoice where we have agreed one.

7.2 Prices are exclusive of VAT. Where the reverse charge applies to an EU business customer with a valid VAT number, you are responsible for accounting for the tax.

7.3 Invoiced amounts are due within 15 days. Overdue amounts carry statutory late payment interest, and we may suspend the service after written notice.

7.4 Advertising balances, top-ups and refunds are governed by the billing and refund terms.

8. Warranties and disclaimers

8.1 We warrant that we will provide the service with reasonable skill and care, and in accordance with the security practices described at security.

8.2 We do not warrant that agent output is accurate, complete, or commercially successful. Product research, price recommendations and campaign drafts are probabilistic outputs. Our measured performance on a fixed benchmark, including the runs it fails, is published at research.

8.3 Beyond the express warranty above, and to the extent permitted by law, all implied warranties are excluded.

9. Indemnity

9.1 You will indemnify us against third-party claims arising from goods you sell, content you publish, your breach of the acceptable use policy, or your infringement of a third party’s rights.

9.2 We will indemnify you against a third-party claim that the service, as provided by us and used in accordance with this agreement, infringes that party’s intellectual property rights, provided you notify us promptly, let us conduct the defence and cooperate reasonably.

10. Limitation of liability

10.1 Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

10.2 Neither party is liable for indirect or consequential loss, or for lost profit, lost revenue, lost sales, lost data or lost goodwill, however arising.

10.3 Each party’s total aggregate liability is limited to the fees you paid us in the twelve months before the event giving rise to the claim. The indemnity in clause 9 and your obligation to pay fees are outside this cap.

11. Term, suspension and termination

11.1 The term runs month to month unless an order form states otherwise, renewing until either party gives notice before the next renewal date.

11.2 Either party may terminate for material breach that is not remedied within 15 days of written notice, or immediately on the other’s insolvency.

11.3 We may suspend immediately for unlawful use, a security threat, or non-payment after notice. Suspension is limited to what is necessary and is lifted once the cause is resolved.

11.4 On termination, access ends, and data is exported or deleted on the schedule in data handling and retention and clause 6 of the data processing addendum.

12. General

12.1 Neither party is liable for failure caused by an event beyond its reasonable control, provided it tells the other and works to resume performance.

12.2 You may not assign this agreement without our consent, not to be unreasonably withheld. We may assign it to a successor of our business.

12.3 Notices to us go to [email protected]; notices to you go to the email address on the account.

12.4 This agreement is governed by Hungarian law, and the courts of Hungary have exclusive jurisdiction. It is the entire agreement between us on its subject matter.