Terms and Conditions

These Terms and Conditions apply to the use of the Flocta application and all functions offered through it. The provider and contracting party is the operator named in the Legal notice (hereinafter the “Provider”).

These Terms and Conditions apply to consumers (Section 13 BGB) and businesses (Section 14 BGB). Any conflicting terms submitted by a user do not become part of the contract unless the Provider expressly agrees to them in writing.

Flocta is a web-based application providing access to various open-weight language models and related functions, including chat, a knowledge base, assistants and workflows, through a single interface. The specific scope of functions and services is determined by the applicable product description at the time of use and the plan selected.

The Provider continuously develops the application and may change, add or discontinue individual functions and available models where this is reasonable for the user and does not materially restrict the core contractual service of a paid plan.

A contract for free access is formed when the user accesses the application or creates an account. For paid plans, the contract is formed when the ordering process is completed and confirmed by the Provider.

A user account is required for certain functions. Users must provide accurate information during registration and keep their access credentials confidential. The Provider may offer guest access without registration.

Floctais offered under a free plan and paid plans. The plans and prices currently in effect are shown in the application's pricing overview. Consumer prices are final prices including statutory value-added tax where applicable.

Payments for paid plans are processed by Stripe. By ordering a paid plan, the user authorises the Provider or Stripe to charge the amounts due to the selected payment method. Details about payment-data processing are provided in the Privacy Policy.

Unless otherwise stated, paid plans are concluded as monthly subscriptions. A subscription renews for another billing period unless terminated before the end of the current period. Users may terminate at any time with effect from the end of the current billing period, either through account settings or in text form using the address in the Legal notice.

Both parties retain the right to terminate for cause. Either party may terminate the free plan at any time without notice.

Consumers have a statutory right of withdrawal for paid contracts.

Withdrawal information

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded. To exercise your right of withdrawal, you must inform us (for contact details, see the Legal notice) of your decision to withdraw by means of an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period expires.

Effects of withdrawal. If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than fourteen days after the day on which we receive your withdrawal notice. We will use the same payment method you used for the original transaction unless expressly agreed otherwise with you.

Early expiry. For paid services, the right of withdrawal expires only once we have fully performed the service, provided that you gave your express consent before performance began and acknowledged that you would lose your right of withdrawal upon full performance (Section 356(5) BGB). For digital content not supplied on a tangible medium, the separate requirements of Section 356(6) BGB apply.

Users must not misuse the application. In particular, users must not:

• generate or distribute unlawful, offensive, harmful-to-minors or third-party-rights-infringing content;
• use the application to create malware, attack systems or run automated bulk queries outside the intended interfaces;
• circumvent security or usage limits or impair the application's availability to others;
• enter another person's personal or confidential data without the required legal basis.

In the event of serious or repeated violations, the Provider may temporarily suspend access or terminate the contract for cause.

Content you enter (inputs) remains yours. The Provider uses inputs and outputs solely to provide the service and does not use them to train models. To the extent rights may arise in generated outputs, the Provider grants you the right to use them for your own purposes to the extent legally possible.

Important notice about fallibility. Language-model outputs may be incorrect, incomplete or misleading and do not constitute legal, tax, medical or other professional advice. Users are responsible for reviewing and using the outputs.

The Provider seeks to keep the application available with as little interruption as possible but, unless expressly agreed otherwise, does not guarantee a specific uptime. Maintenance, disruption affecting third-party providers and circumstances outside the Provider's control (force majeure) may temporarily restrict use.

The Provider has unlimited liability for intent and gross negligence and for injury to life, limb or health. In cases of ordinary negligence, the Provider is liable only for a breach of a material contractual obligation whose fulfilment is essential to proper performance of the contract and on which users may regularly rely; in that case, liability is limited to the foreseeable loss typical for this type of contract.

Liability is otherwise excluded. Liability under the German Product Liability Act and for guarantees given remains unaffected. These limitations also apply to the personal liability of the Provider's agents.

Information about the processing of personal data is provided in the Privacy Policy. If a business user processes third-party personal data through the application, the parties will enter into a separate data processing agreement under Article 28 GDPR where required.

The Provider may amend these Terms and Conditions with future effect where a valid reason, such as a change in law or functionality, makes this necessary and the change does not unreasonably disadvantage users. Users will be informed of changes in text form. If a user does not object within the reasonable period stated in the notice, the amended Terms and Conditions will be deemed accepted; the notice will specifically explain this consequence.

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection afforded by mandatory provisions of the law of their country of residence.

If a user is a merchant, a legal entity under public law or a special fund under public law, the Provider's registered place of business is the exclusive place of jurisdiction for all disputes arising from this contract.

The European Commission no longer provides an online dispute-resolution platform. The Provider is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board (Section 36 VSBG).

If any provision of these Terms and Conditions is or becomes invalid, the remaining provisions remain unaffected.