1. Preamble and Definitions

These Terms and Conditions (T&C) govern the contractual relationships between fluado UG (haftungsbeschränkt), Streckfußstraße 58c, 13125 Berlin, Germany (hereinafter “fluado”, “we” or “Provider”) and its customers (hereinafter “Customer”).

Definitions:

  • “Service(s)” are the Software-as-a-Service (SaaS) services offered by fluado. Currently, fluado is in stealth mode and exploring AI possibilities.
  • “Consumer” is any natural person who enters into the contract for purposes that are predominantly neither commercial nor self-employed professional activity (B2C) within the meaning of § 13 BGB.
  • “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their commercial or self-employed professional activity (B2B) within the meaning of § 14 BGB.

2. Contracting Party, Scope, Contract Language

Contracting Party is:

fluado UG (haftungsbeschränkt)
Streckfußstraße 58c
13125 Berlin
Germany

Commercial Register: HRB 280416 B – Charlottenburg District Court (Berlin)
Email: support@fluado.com

These T&C apply to contracts with consumers (B2C) and entrepreneurs (B2B). The contract language is English. Conflicting or deviating conditions of the customer do not become part of the contract unless fluado expressly agrees to their validity in writing.

3. Services of fluado

3.1 Service Scope

fluado is currently in stealth mode, exploring what’s possible with artificial intelligence. Specific services will be announced in due course.

3.2 Platform and Technical Infrastructure

The technical infrastructure is based on cloud services with server locations within the European Union. Details about the service providers used can be found in our Privacy Policy.

4. Registration, Minimum Age, Accounts and Usage Rules

4.1 Registration and Minimum Age

Registration and use of any future service is only permitted from the age of 18. By registering, the customer confirms that they have reached the required minimum age.

4.2 Account Security

The customer is obliged to:

  • keep their access credentials secure and protect them from unauthorized access
  • inform fluado immediately if they become aware of unauthorized access to their account
  • use a secure password

Account sharing (sharing access credentials with third parties) is prohibited. Access is personal and non-transferable.

4.3 Usage Rules and Prohibited Actions

The customer undertakes to use any future service exclusively within the framework of these T&C and applicable laws. In particular, the following is prohibited:

  • use for illegal, fraudulent or human rights violating purposes
  • input or distribution of offensive, defamatory, pornographic, violence-glorifying or otherwise illegal content
  • automated data extraction (scraping) or unauthorized use of interfaces
  • sharing access credentials with automated systems, AI agents or bots
  • actions that could affect the security, stability or availability of the service
  • circumvention of technical protective measures

5. Prices, Billing, Taxes and Payments

Pricing for future services will be announced when services become available.

6. Liability and Warranty

6.1 Unlimited Liability

fluado is liable without limitation:

  • for intent and gross negligence
  • for damages from injury to life, body or health
  • under the Product Liability Act
  • insofar as a guarantee has been assumed

6.2 Liability for Simple Negligence

In case of simple negligence, fluado is only liable for breach of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely.

In this case, liability is limited in amount to the contract-typical, foreseeable damage.

7. Applicable Law, Jurisdiction, Final Provisions

7.1 Applicable Law

German law applies exclusively to the contractual relationship, excluding the UN Sales Law (CISG).

For Consumers (B2C): This choice of law applies only insofar as mandatory consumer protection provisions of the state in which the consumer has their habitual residence do not conflict.

7.2 Jurisdiction

For entrepreneurs, legal entities under public law or special funds under public law, the exclusive place of jurisdiction - insofar as legally permissible - is Berlin.

For Consumers (B2C): The statutory place of jurisdiction applies. Consumers can sue at their place of residence or at the seat of fluado. fluado can only sue consumers at their place of residence.

7.3 Online Dispute Resolution (ODR Platform)

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

fluado is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

7.4 Severability Clause

Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions remains unaffected. The statutory regulation replaces the invalid provision. The same applies to regulatory gaps.

Contact

For questions, complaints or concerns, you can contact us at any time:

fluado UG (haftungsbeschränkt)
Streckfußstraße 58c
13125 Berlin
Germany

Email: support@fluado.com
Website: www.fluado.com

Last updated: January 22, 2025