Terms and Conditions

Last updated: 6 May 2026 (v8.1 — trial period shortened to 7 days)

§ 1 Scope

(1) These Terms and Conditions (hereinafter “Terms”) apply to all contracts between

Rafik Halabi
Esmarchstr. 5
40223 Düsseldorf, Germany
(hereinafter “Provider”)

and the user (hereinafter “Customer”) regarding the use of the Software-as-a-Service platform “flintery” (hereinafter “Service”).

(2) flintery is exclusively directed at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. By registering, the Customer confirms that they use the Service exclusively for commercial or independent professional purposes.

(3) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

§ 2 Subject matter of the contract

(1) The Provider makes a web-based software application available to the Customer via the Internet, comprising the following features:

• Calculation of fees and usage rights for photo, video and content productions (including UGC)
• Project management and calculation export (Excel/CSV)
• Management of recurring contracts and retainer agreements
• Financial planning, cashflow management and financial routines
• Management of usage rights including license activation and renewal
• Benchmark data for market comparison (anonymised)
• Integration with accounting software (sevDesk, lexoffice)
• Optional bank account synchronisation
• Task management and business unit planning
• Automated email notifications (license warnings, financial reports)

(2) The exact scope of features depends on the plan selected by the Customer (see § 5). The Provider reserves the right to expand and improve the scope of features, provided that the essential functions of the booked plan are retained.

(3) The Service is intended for calculation and planning. flintery does not generate invoices, offers or other business documents in the legal sense. Calculations and analyses created via the software — unless expressly stated otherwise — do not necessarily comply with the respective current tax or financial regulations and in no case replace individual tax advice. Calculation results can be exported as an Excel or CSV file and further processed in external accounting software.

(4) The Service is provided as Software-as-a-Service (SaaS). The Customer is granted a non-exclusive, non-transferable right to use the Service via a web browser. Installation on Customer devices is neither required nor intended.

(5) The Provider owes the provision of the platform but not any specific commercial success of the Customer. In particular, the calculation and benchmark features do not constitute legal, tax or business advice.

§ 3 Contract conclusion and registration

(1) The presentation of the Service on the website does not constitute a legally binding offer but rather an invitation to submit an offer (invitatio ad offerendum).

(2) By submitting the registration form, the Customer makes a binding offer to conclude a usage agreement. The contract is concluded when the Provider accepts the offer by activating the customer account or by express confirmation via email.

(3) When registering, the Customer must provide the following information truthfully:

• Full name
• Email address
• Password
• Confirmation of commercial/freelance use

The Provider reserves the right to request specific evidence of entrepreneurial activity from the Customer in individual cases (e.g. trade registration, VAT ID).

(4) The Customer is obliged to keep their access credentials confidential and to protect them from third-party access. The Customer is liable for all activities carried out using their access credentials, except where they are not responsible for the unauthorised use.

(5) The Customer is obliged to inform the Provider without undue delay if they become aware that third parties are using their access credentials without authorisation.

(6) Each user account is intended exclusively for use by a single user. Shared use of a user account by multiple persons (“account sharing”) is not permitted. The Customer may purchase additional user accounts according to the selected plan as needed.

§ 4 Trial period

(1) The Provider may grant the Customer a free trial period (“Trial”). During the trial period, the Customer has access to the features of the Premium plan.

(2) The trial period is 7 days from registration, unless stated otherwise.

(3) The trial period ends automatically. No cancellation is required. There is no automatic conversion into a paid subscription.

(4) After the trial period ends, the account is placed in a restricted read-only mode. The Customer can continue to view and export their data but cannot create new projects or edit existing ones until a paid plan is selected.

(5) The Provider reserves the right to modify, shorten or discontinue the trial period at any time. Trial periods already in progress remain unaffected.

§ 5 Plans and pricing

(1) The Service is offered in various plan tiers. The current scope of features and prices for each plan are available on the Provider's website.

(2) All prices stated are net prices, plus the applicable statutory value-added tax (VAT) if the Customer is liable for VAT.

(3) The Provider reserves the right to adjust prices for future billing periods. Price changes will be communicated to the Customer by email at least 30 days before they take effect. If the Customer does not object to the price change within 14 days of receiving the notification, the price change is deemed approved. The Provider will inform the Customer in the notification of the right to object and the consequences of remaining silent. In case of an objection, the Customer has the right to terminate the contract as of the date the price change takes effect.

(4) Special conditions (e.g. Founder discounts, promotional prices) apply exclusively under the conditions communicated at the time of contract conclusion and may be limited in time or tied to certain requirements.

§ 6 Payment and billing

(1) Billing takes place monthly or annually in advance, depending on the plan selected.

(2) Payment is processed via the payment service provider Stripe. Accepted payment methods are credit card and SEPA direct debit. The Customer agrees to Stripe's terms of use. The Provider itself does not store any credit card or bank data.

(3) The Customer authorises the Provider to collect the amounts due from the payment method registered by the Customer.

(4) If a payment fails, the Customer will be notified by email. The Customer has 7 days to settle the payment or register an alternative payment method. After this period expires, the Provider is entitled to suspend access to the Service until the outstanding payments are settled.

(5) In the event of late payment, the Provider is entitled to charge default interest at 9 percentage points above the base interest rate. The right to claim further damages caused by the delay remains reserved.

(6) The Customer receives an invoice by email for each payment. Invoices can also be accessed in the customer area.

§ 7 Term and termination

(1) The contract is concluded for an indefinite period and may be terminated by either party with ordinary notice.

(2) The notice period is:

• For monthly billing: to the end of the respective billing month
• For annual billing: to the end of the respective billing year, with a notice period of 30 days

(3) Termination may be effected via account management in the customer area, by email to legal@flintery.com, or in text form.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• the Customer is in default of payment of at least two monthly amounts despite a reminder
• the Customer breaches material provisions of these Terms
• the Customer misuses the Service

(5) Upon termination of the contract, the customer account will be deactivated. The Customer has the option to export their data within 30 days after the end of the contract. After this period expires, the data will be deleted, unless statutory retention obligations apply.

§ 8 Availability and maintenance

(1) The Provider endeavours to achieve a Service availability of 99% on annual average. The following are excluded:

• Planned maintenance work, which will be announced to the Customer at least 48 hours in advance
• Disruptions outside the Provider's sphere of influence (force majeure, disruptions at third-party providers, cyberattacks)
• Disruptions caused by the Customer

(2) The Provider is entitled to temporarily restrict the Service if this is necessary with regard to capacity limits, the security or integrity of the servers, or to carry out technical measures.

(3) The Provider will, where possible, schedule maintenance work during off-peak hours (at night or on weekends).

(4) The Customer has no claim to the maintenance of a specific software version or a specific scope of features. The Provider is entitled to further develop and modify the Service, provided that the essential functions of the booked plan are retained.

§ 9 Usage rights and intellectual property

(1) For the duration of the contract, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Service within the scope of these Terms.

(2) All rights to the software, design, texts, graphics and other content of the Service remain with the Provider or the respective rights holders. The Customer acquires no ownership rights in the software.

(3) The Customer may not:

• copy, modify, decompile or reverse engineer the Service
• pass it on to third parties, rent, lend or sublicense it
• use it for illegal purposes
• use it in a manner that impairs the operation of the Service or other users

(4) The data entered by the Customer (projects, calculations, customer data etc.) remains the property of the Customer. The Provider acquires only those rights to this data that are necessary to provide the Service.

(5) Insofar as the Customer has consented to participation in the benchmark feature pursuant to § 11, they grant the Provider a non-exclusive, transferable right to anonymise and aggregate the project data entered by the Customer and to use it for the creation and provision of benchmark data within the scope of the Service. This right also continues after termination of the contract but is limited to data already anonymised. Re-identification of individual customers or projects from the anonymised data is excluded.

§ 10 Customer obligations

(1) The Customer undertakes to:

• provide truthful and complete information when registering
• keep their access credentials confidential
• inform the Provider without undue delay of any changes to their contact details
• use the Service only within the framework of applicable law
• not upload any content that violates applicable law or infringes the rights of third parties

(2) The Customer is responsible for backing up their own data. While the Provider creates regular backups, no guarantee is given for the complete recoverability of the data.

(3) The Customer indemnifies the Provider against all claims by third parties that are based on a culpable unlawful use of the Service by the Customer or with their approval, or that arise from data protection, copyright or other legal disputes connected with the Customer's use of the Service.

§ 11 Benchmark feature and data use

(1) flintery offers a benchmark feature that provides anonymised market data on fees and project conditions.

(2) By using the benchmark feature, the Customer agrees that their project data will be incorporated into the benchmark statistics in anonymised form. Anonymisation is carried out in such a way that no inferences can be drawn about individual customers or projects.

(3) The Customer can deactivate participation in the benchmark feature at any time in the settings. In that case, no further Customer data will be used for the benchmark statistics. Data that has already been anonymised cannot be removed.

(4) The benchmark data constitutes statistical analysis and does not represent recommendations or guarantees for specific prices or conditions. The Provider gives no warranty as to the accuracy, completeness or up-to-dateness of the benchmark data.

§ 11a Protection of benchmark data and prohibition of automated data scraping

(1) The benchmark data constitutes a database within the meaning of §§ 87a et seq. of the German Copyright Act (UrhG). All rights to the benchmark data — including the aggregated, anonymised and statistically processed data, comparative values, analyses and any insights derived therefrom — remain exclusively with the Provider. The benchmark data also constitutes a trade secret of the Provider within the meaning of the German Trade Secrets Act (Geschäftsgeheimnisgesetz, GeschGehG).

(2) The Customer may use the software and the data it contains only within the scope of contractual manual use via the provided user interface.

Any use of the software and the data it contains that deviates from the contractual purpose is prohibited without the Provider's express prior written consent. The following actions are prohibited in particular, but not exhaustively:

• a) The systematic or automated extraction of data from the Service (“scraping”), including the use of bots, crawlers, scripts or other automated procedures
• b) The bulk manual extraction of benchmark data or other data from the Service
• c) The circumvention of the Provider's technical protective measures (rate limiting, CAPTCHAs, access restrictions or similar security measures)
• d) The disclosure, publication, sale or other commercial exploitation of benchmark data to or for third parties
• e) The use of benchmark data to create competing products or services
• f) The extraction of substantial parts of the database, as well as repeated and systematic extraction of insubstantial parts of the database

(4) The use of benchmark data is permitted exclusively for the Customer's own business purposes within the scope of their activity as a photographer, videographer, content creator or other creative service provider. Any publication of benchmark data by the Customer requires the Provider's prior written consent.

(5) The Provider is entitled to deploy technical measures to detect and prevent automated access and to suspend access temporarily or permanently in case of suspected misuse.

(6) In the event of breaches of paragraphs 1 to 4, the Provider is entitled, depending on the nature and severity of the breach, to take the following measures:

• a) For first-time or minor breaches: a warning notice (Abmahnung) with a deadline to cease and desist
• b) For repeated or serious breaches: temporary suspension of the customer account
• c) For continued or particularly serious breaches, in particular commercial exploitation or systematic data extraction: extraordinary termination without observing a notice period

(7) In the event of culpable breaches, the Provider reserves the right to claim damages as well as reimbursement of reasonable legal costs.

§ 12 Third-party integrations

(1) The Service offers integrations with third-party providers (e.g. sevDesk, lexoffice, banks via finAPI). The use of these integrations is optional.

(2) The terms of use of the respective third-party providers apply additionally to the use of the integrations. The Customer is themselves responsible for complying with these terms.

(3) The Provider gives no warranty as to the availability, functionality or security of third-party services. Changes to or discontinuation of third-party services lie outside the Provider's sphere of influence.

(4) When using the bank connection (finAPI), access credentials are transmitted directly to the licensed payment service provider. The Provider does not store any bank access credentials.

§ 13 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health based on a negligent or intentional breach of duty by the Provider or its vicarious agents.

(2) The Provider is liable without limitation for damages caused by intent or gross negligence on the part of the Provider or its vicarious agents.

(3) In the event of slightly negligent breach of material contractual obligations (Kardinalpflichten), the Provider's liability is limited in amount to the sum of the remuneration paid by the Customer in the 12 months preceding the damaging event, but in any case no more than EUR 2,500 (two thousand five hundred euros). Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

(4) Liability for slightly negligent breach of non-material contractual obligations is excluded.

(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(6) The foregoing limitations of liability also apply for the benefit of the Provider's vicarious agents.

(7) The Provider is not liable for:

• damage caused by incorrect input or operation by the Customer
• damage resulting from the use of benchmark data
• lost profits or consequential damages
• data loss, insofar as the Customer has not backed up their data at reasonable intervals

(8) The Provider's maximum liability is limited to the sum of the remuneration paid by the Customer in the last 12 months, unless intent or gross negligence applies.

§ 14 Data protection

(1) The Provider processes the Customer's personal data in accordance with applicable data protection laws, in particular the GDPR and the German Federal Data Protection Act (BDSG).

(2) Details of data processing are set out in the privacy policy, available at https://flintery.com/datenschutz, which forms part of these Terms.

(3) Insofar as the Customer enters personal data of their own customers or business partners in the course of using the Service (e.g. customer names, contact details), the Provider acts as a processor within the meaning of Art. 28 GDPR. The Customer remains the controller under data protection law for this data.

(4) Upon request, the Provider will conclude a data processing agreement (DPA) with the Customer pursuant to Art. 28 GDPR.

§ 15 Confidentiality

(1) The parties undertake to treat as confidential all information about the other party obtained in the course of preparing and performing the contract, and to use it only for the purposes of the contract.

(2) This obligation does not apply to information that:

• is or becomes publicly known without breach of this clause
• was already known to the receiving party prior to receipt
• was lawfully transmitted to the receiving party by a third party
• must be disclosed due to a statutory obligation

(3) The confidentiality obligation continues beyond termination of the contract.

(4) A contracting party may request the other contracting party in writing or in text form, with a comprehensible explanation of the reasons and scope of the intended use, to grant consent to release from the confidentiality obligation. The requested contracting party is obliged to grant consent to release from the confidentiality obligation if, weighing all circumstances of the individual case, the requested contracting party's particular legitimate interests do not outweigh the requesting contracting party's interests, and the requesting contracting party would suffer disproportionate disadvantages from a refusal to consent.

§ 16 Changes to these Terms

(1) The Provider is entitled to amend these Terms with effect for the future, insofar as this is necessary for valid reasons and the Customer is not unreasonably disadvantaged thereby.

(2) Valid reasons for an amendment include in particular:

• changes in the legal situation or case law
• changes in the technical framework
• introduction of new features or services
• closing regulatory gaps

(3) The Provider will inform the Customer about changes to these Terms by email at least 30 days before they take effect. If the Customer does not object to the changes within 30 days of receiving the notification, the amended Terms are deemed accepted. The Provider will inform the Customer in the change notification of the right to object and the consequences of remaining silent.

(4) In case of an objection, the Customer has the right to terminate the contract as of the date the amendments take effect. The Provider is also entitled to terminate in this case.

§ 17 Final provisions

(1) German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, Düsseldorf.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.

(4) There are no verbal side agreements. Changes and additions to this contract require text form.

(5) The Provider is entitled to transfer its rights and obligations under this contract in whole or in part to third parties. The Customer will be informed of this in due time and shall have a special right of termination in such case.

§ 18 Contact

For questions about these Terms, you can reach us at:

Email: legal@flintery.com

These Terms were drafted in January 2026 and finalised on 28 January 2026 following legal review (v6). v7 (9 February 2026): hosting migration to Hetzner (Germany) — no substantive changes to contractual conditions. v8 (24 March 2026): company address updated (Esmarchstr. 5, 40223 Düsseldorf) — no substantive changes to contractual conditions. v8.1 (6 May 2026): trial period shortened from 30 to 7 days under § 4 (2). Trials already in progress remain unaffected per § 4 (5). For data-protection-related adjustments, see the privacy policy.