v1.5.0 · 08.08.2026
Date: 08.08.2026
Version: 1.5.0
(1) These General Terms and Conditions (AGB) apply to all business relationships between flowgeist, owner Ralf Carsjens (hereinafter “flowgeist” or “provider”) and its customers (hereinafter “customer”) in the version valid at the time of conclusion of the contract.
(2) flowgeist provides its services to entrepreneurs within the meaning of § 14 BGB (German Civil Code) and to consumers within the meaning of § 13 BGB, insofar as the respective product conditions provide for this.
(3) These AGB apply to all contracts for the use of flowgeist products and platforms. The specific scope of services depends on the respective product (flowgeist ZERO, flowgeist KITA, flowgeist TOOL, flowgeist FOOD, CombiJornada) and the selected tariff.
(4) Deviating, conflicting or supplementary General Terms and Conditions of the customer shall not become part of the contract unless flowgeist expressly agrees to their application in text form.
(5) In the event of contradictions between the contractual components, the following order of precedence shall apply: DPA (Art. 28 GDPR) → Individual offer → SLA → Product-specific AGB → These general AGB → Product description.
(1) Offers from flowgeist are non-binding, unless flowgeist states otherwise.
(2) The customer can create a test account via the product website. The test access is limited in time and free of charge. Following the test period, the customer can book a paid subscription. If the customer does not opt for a paid subscription within 30 days after the end of the test, the data will be deleted in accordance with the GDPR.
(3) The application for conclusion of a contract is made by clicking on “Request offer” on the website. flowgeist sends an offer by email. The customer accepts the offer in text form. With acceptance, the customer declares consent to these AGB and to the enclosed DPA.
(4) Prices are based on the price list valid at the time of conclusion of the contract.
(5) flowgeist may increase subscription prices if infrastructure, energy, license or personnel costs increase. The increase will be communicated at least 3 months in advance and no more than once per calendar year. The customer may cancel with one month’s notice.
(1) flowgeist makes the respective platform available to the customer via the Internet for temporary use against payment. The provision is made as Software-as-a-Service (SaaS).
(2) flowgeist guarantees monthly availability of 99% (SLA). Planned maintenance and force majeure are excluded.
(3) The customer obtains a non-exclusive, non-transferable right to use the platform within the agreed scope.
(4) flowgeist reserves the right to further develop the platform through bug fixes and security updates, provided this is reasonable for the customer.
(1) Remuneration for paid subscriptions is due monthly in advance.
(2) Pay-per-use services are billed monthly according to usage.
(3) All prices are in euros. VAT is shown separately where applicable.
(4) Payments are due without deduction within 14 days of invoice receipt.
(5) In case of default, flowgeist may claim default interest of 9 percentage points above the base rate and a default surcharge of 40 euros.
(1) The contract is concluded for an indefinite period. It may be terminated by either party with one month’s notice in text form.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Terminations must be in text form (e.g. email).
(4) Upon termination, the customer is entitled to export their data in a machine-readable format (CSV, JSON) within 30 days. After a further 30 days, flowgeist may delete the data in accordance with the GDPR.
(1) The customer must use the platform only within the agreed scope and in accordance with the law. It is prohibited to: distribute illegal content, distribute malicious software, circumvent security mechanisms, pass on access to unauthorized third parties, and decompile or reverse engineer.
(2) The customer is responsible for the security of their access credentials.
(3) The customer shall indemnify flowgeist against all claims made by third parties due to the customer’s breach of obligations.
(1) flowgeist provides the platform in its current, contractually compliant version.
(2) Non-fault-based liability for initial defects is excluded, except in cases of injury to life, body or health, guarantee violations, and intent or gross negligence.
(3) Defects must be reported immediately in text form.
(4) Claims for defects become time-barred in twelve (12) months, without prejudice to statutory exceptions.
(1) flowgeist is liable without limitation for injury to life, body or health, guarantee violations, and intentional or grossly negligent breaches of duty.
(2) In case of slight negligence, flowgeist is only liable for breach of essential contractual obligations, limited to typically foreseeable damage.
(3) Liability is limited to the subscription remuneration of the previous contract year, maximum 12,000 EUR.
(4) Liability for data loss is limited to the effort required for restoration with proper backup.
(5) Liability for indirect damages is excluded outside the cases of paragraph 1.
(1) flowgeist processes personal data in accordance with the GDPR and the BDSG.
(2) The detailed privacy policy for each product is available at legal.flowgeist.de/{lang}/datenschutz/{product}.
(3) Where flowgeist processes personal data on behalf of the customer, a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR will be concluded.
(1) The parties undertake to maintain confidentiality of confidential information for five (5) years. Trade secrets are kept confidential without time limit.
(1) flowgeist is released from its obligation to perform when fulfillment is prevented by unforeseeable circumstances not attributable to flowgeist.
(1) All content created by flowgeist is the property of flowgeist or its licensors.
(2) The customer obtains a non-exclusive, non-transferable right to use the platform during the contract term.
(3) The customer retains all rights to the data entered. In accordance with Regulation (EU) 2023/2854 (EU Data Act), the customer has the right to access and export their data.
(1) flowgeist provides support via a ticket system.
(1) flowgeist reserves the right to change these AGB with 6 weeks’ notice for non-material changes.
(2) The customer may cancel with one month’s notice if they disagree.
(3) Material changes require the customer’s express consent.
(1) The law of the Federal Republic of Germany applies, excluding the CISG. For customers based in Spain, Spanish law additionally applies where mandatory consumer protection provisions require it.
(2) Exclusive jurisdiction is Mettmann, insofar as legally permissible.
(3) The contract language is German. For customers in Spain, the contract language may be agreed in Spanish.
(4) If a provision is invalid, the remaining provisions remain in effect.
flowgeist
Owner: Ralf Carsjens
Eidamshauser Straße 13
40822 Mettmann
Germany
Contact:
Email: info@flowgeist.de
Phone: +49 155 109 251 22
| Version | Date | Key changes |
|---|---|---|
| 1.5.0 | 08.08.2026 | Modularization for central legal page, scope extended to all products |
Status: 08.08.2026 Version: 1.0
CombiJornada is a SaaS platform for working time and shift planning (Jornada management) for the Spanish market. The platform (built with Next.js 15 + React 19) includes:
(1) The platform is offered in various pricing plans. The specific scope of services and prices are set out in the product description on the website combijornada.es.
(2) There are no pay-per-use services.
(1) Spanish market: The platform is designed for companies based in Spain. The Spanish data protection laws (LOPDGDD — Ley Orgánica de Protección de Datos Personales y Garantía de los Derechos Digitales) and Spanish labor law (Estatuto de los Trabajadores) apply in addition.
(2) Payment processing: Payment processing is handled via Stripe Payments Europe, Ltd. (Ireland).
(3) AWS S3: The platform uses AWS S3 for file storage. AWS S3 processes data in US/EU regions. The transfer to third countries is carried out under the EU-US Data Privacy Framework + Standard Contractual Clauses (SCC).
(4) Authentication: Authentication is handled via NextAuth + JWT.
(1) For contracts with customers based in Spain, Spanish law applies, unless mandatory EU requirements (in particular the GDPR) provide otherwise.
(2) The place of jurisdiction for disputes with Spanish customers is, to the extent legally permissible, the customer’s registered office in Spain or Mettmann (Germany).
The customer is responsible for compliance with Spanish working time laws (Estatuto de los Trabajadores, in particular Art. 34 on the recording of working time). flowgeist merely provides the technical platform.
| Version | Date | Material Changes |
|---|---|---|
| 1.0 | 08.08.2026 | Initial version as a product-specific T&C module |
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