General Terms and Conditions

1. Scope

These General Terms and Conditions (Allgemeine Geschäftsbedingungen, “AGB”) apply to the use of the DebtFlow platform, which is operated by OnlineBuilders LLC, Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States. By registering on the platform, you accept these terms in full and without restriction. These AGB govern the contractual relationship between the operator of the DebtFlow platform and you as a user.

The offering is directed exclusively at businesses (Unternehmer) within the meaning of § 14 BGB (German Civil Code, Bürgerliches Gesetzbuch), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or independent professional activity. By registering and taking out a subscription, you confirm that you are acting as a business (Unternehmer).

2. Description of services

DebtFlow is a platform for managing receivables and debts. The platform offers various functions such as debtor management, payment tracking, document management, generation of recommendations by artificial intelligence (GläubigerKI, “creditor AI”) and other analysis tools. The exact scope of functions depends on the selected subscription plan. A detailed description of services can be found on our website.

3. Right of use and terms of use

Upon registration, you receive a simple (non-exclusive), non-transferable right to use the platform (einfaches Nutzungsrecht). This right is tied to your user ID and is not transferable.

You undertake:

• to use the platform only for lawful purposes within the framework of applicable law
• not to upload any content that violates applicable law or infringes the rights of third parties
• not to introduce any malware or code that impairs the functionality of the platform
• not to use any automated tools or scripts to access the platform
• to keep your access credentials secure and not to pass them on to third parties
• to use the platform only within the scope of its intended purpose

4. Suspension of user accounts

We expressly reserve the right to suspend user accounts temporarily or permanently and to exclude users from using our services, without stating reasons and without prior notice. This right will be exercised in particular, but not exclusively, in the following cases:

• in the event of breaches of these AGB
• in the event of suspected or actual violations of applicable law
• in the event of misuse of the platform or use for purposes other than those intended
• in the event of late payment or failed payments
• where it appears that the platform is being used for purposes contrary to debt collection rules (inkassowidrig) or for unlawful purposes
• in the event of actions that impair or endanger the operation of the platform
• at the platform operator’s own discretion to protect the platform and its users

In the event of suspension, there is no entitlement to reactivation of the account or to a refund of fees already paid. The decision on suspension and exclusion lies solely at the discretion of the platform operator and cannot be challenged.

5. Data and content

You retain all rights to the data and content you store on the platform. However, you grant us a non-exclusive, worldwide, royalty-free right to store, process and display this data and content within the scope of the use of the platform.

You yourself are responsible for the lawfulness of your stored data. We reserve the right to delete unlawful content without prior notice. Responsibility for regular backups of your data lies with you.

Special provisions apply to the use of the AI services offered on the platform (GläubigerKI, SchuldnerKI). These services are used at your own risk, and we give no warranty as to the accuracy or completeness of the automatically generated recommendations or analysis results.

6. External services and third-party providers

Our platform uses various external services and third-party providers for certain functions. By using our platform, you also accept the terms of use and privacy policies of these external services insofar as they are required for the use of the respective function.

6.1 Cloudflare Turnstile

On the login, registration and password reset pages, we use Cloudflare Turnstile to protect ourselves against spam and abuse. Turnstile checks the browser in the background, without picture puzzles, and thus distinguishes humans from automated bots. Details of the data processing can be found in our privacy policy.

6.2 Cloudflare

We use services of Cloudflare, Inc. to provide our website and to protect against malicious attacks. By using our platform, you consent to the processing of your data by Cloudflare within the framework of Cloudflare’s privacy provisions. The use of Cloudflare is necessary for the secure and efficient operation of our platform.

6.3 Payment services (Stripe)

We bill subscriptions via the payment service provider Stripe. When you take out a paid subscription, your payment-related data is transmitted to Stripe. You are obliged to provide truthful information in this context and to comply with the terms of the payment service provider. We are not liable for damage caused by malfunctions or outages of the payment service unless we are at fault.

6.3a Letters by post

DebtFlow sends letters by post via Briefdiener (briefdiener.de). The subscription includes a monthly quota of letters; the number is stated on the pricing page and in the settings under “Briefversand” (letter dispatch). Unused letters expire at the end of the month and are not refunded. Once the quota has been used up, you can send further letters via your own Briefdiener account; Briefdiener bills you directly for the costs. You are responsible for the content and accuracy of the letters and of the recipient address. Letters that cannot be delivered because of an incorrect or incomplete address count towards the quota.

6.4 Residents’ registration office enquiries

Our platform offers the option of carrying out residents’ registration office enquiries (Einwohnermeldeamtabfragen). By using this function, you confirm that you have a legitimate interest in accordance with the statutory provisions. You undertake to use this function exclusively within the legally permissible framework and are yourself responsible for the lawfulness of the enquiries.

You shall indemnify us against any third-party claims resulting from unlawful use of this function. We reserve the right to monitor the use of this function and to restrict or block it in the event of suspected misuse.

6.5 Social media research (SocialChecker)

The platform provides access to services that can search publicly accessible information on social media. You may use this function exclusively for legitimate purposes in the context of receivables management. The use of this function for harassment, intimidation or any other unlawful purposes is strictly prohibited.

You are obliged to observe the terms of use and privacy policies of the respective social networks. You alone are responsible for compliance with these provisions. We reserve the right to block access to this function in the event of suspected misuse.

6.6 Credit reports and SCHUFA

Our platform enables access to credit reports (Bonitätsauskünfte), including reports from SCHUFA (a German credit reference agency) and other credit reference agencies. The use of this function is only permitted if you have a legitimate interest within the meaning of the GDPR and the relevant laws.

You are obliged to check and document the existence of a legitimate interest before each enquiry. Retrieving credit reports without a legitimate interest is unlawful and may result in criminal and civil law consequences.

We are entitled to monitor your use of this function and, in the event of suspected misuse, to block access. You shall indemnify us against all third-party claims arising from unlawful use of this function.

7. Prices and payment terms

The use of the platform is subject to a fee. The exact prices can be viewed on our website. All prices are net prices. As the provider has its registered office outside the European Union, for services to businesses in the EU the recipient of the service owes the VAT (reverse charge procedure; in Germany pursuant to § 13b UStG, German VAT Act). When taking out a subscription, a valid VAT identification number must therefore be provided, insofar as such a number exists for the country of the billing address.

Billing is generally monthly in advance. We reserve the right to change the payment method and payment terms at any time. Payments are made via our payment service provider Stripe.

In the event of late payment, we are entitled to block access to the platform. This does not release you from the obligation to pay the outstanding amounts. In the event of late payment, dunning fees and default interest will be charged.

We reserve the right to change prices with 30 days’ notice. In the event of price increases, you have a special right of termination within 14 days of the announcement.

8. Right of withdrawal and refund

You have the right to withdraw from the contract within 14 days without giving any reason (right of withdrawal, Widerrufsrecht). The withdrawal period is 14 days from the day the contract is concluded. To exercise your right of withdrawal, you must send us a clear statement of your decision to withdraw from the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. The notice of withdrawal is to be addressed to:

In the event of an effective withdrawal, the performances received by both parties must be returned and any benefits derived (Nutzungen) must be surrendered. If you have provided the consideration or parts of it, we will refund it to you without undue delay and at the latest within 14 days from the day on which we received notice of your withdrawal.

The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this refund.

9. Data protection

We process your data in accordance with our privacy policy and the applicable data protection laws. The privacy policy forms part of these AGB. By using our services, you consent to the data processing in accordance with our privacy policy.

10. Availability and maintenance

We endeavour to ensure that the platform can be used with as few interruptions as possible. However, technical faults, maintenance work or updates may result in restrictions or interruptions.

We do not guarantee constant availability of the platform. Regular maintenance work that may lead to downtime will be announced where possible. We accept no liability for technical faults, in particular those beyond our control (e.g. internet outages, force majeure).

We reserve the right to change, extend or restrict the functionality of the platform at any time, insofar as this is necessary for the further development and improvement of the platform.

11. Use of the AI functions

Our platform offers AI-supported functions such as GläubigerKI (creditor AI) and SchuldnerKI (debtor AI) (beta). These functions serve the automated analysis of data and the generation of recommendations. The following conditions apply to the use of these functions:

• The AI functions are tools and do not replace legal or business advice from qualified professionals
• The recommendations and analyses are generated on the basis of the data you provide
• The accuracy and usefulness of the recommendations depend on the completeness and accuracy of the data provided
• We give no guarantee as to the accuracy, completeness or timeliness of the AI-generated recommendations
• The use of the AI functions and the implementation of the generated recommendations are at your own risk
• We are not liable for damage arising from the use or non-use of the AI-generated recommendations

The use of the AI functions may be subject to separate terms of use and privacy provisions that apply in addition to these AGB.

12. Liability and warranty

We are liable only for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). In the event of slight negligence (leichte Fahrlässigkeit), we are liable only for breach of a material contractual obligation (wesentliche Vertragspflicht) and only for foreseeable damage. Liability for indirect and unforeseeable damage, loss of profit, lost savings and financial losses due to third-party claims is excluded.

The platform is provided in its current condition (“as is”) without any warranty. We do not guarantee that the platform will function without interruption, error-free or securely.

No warranty is given for the accuracy, completeness and timeliness of the data stored on the platform and of the content generated. The platform and its functions are used at your own risk.

In particular, we accept no liability for damage arising from the use of third-party services such as residents’ registration office enquiries, social media research or credit reports. These services are used at the user’s own risk and under the user’s own legal responsibility.

13. Termination and end of use

The contractual relationship may be terminated by either party with a notice period of 30 days to the end of a month. Termination must be in text form (Textform: email, contact form or letter).

In the event of serious breaches of these AGB or of late payment, we are entitled to terminate the contractual relationship without notice.

After the end of the contractual relationship, your data will be retained for a period of 30 days and can be exported on request. After this period has expired, all data will be irrevocably deleted.

We reserve the right to discontinue the platform or individual functions. In this case, we will inform users with reasonable notice.

14. Amendments to the AGB

We reserve the right to amend these AGB at any time. You will be informed of amendments in good time. If you do not object to the validity of the new AGB within four weeks of the notification, the amended AGB shall be deemed accepted. In the event of an objection, we reserve the right to terminate the contractual relationship.

15. EU online dispute resolution (ODR)

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent permitted by law, Delaware, US. For consumers within the meaning of § 13 BGB, their statutory place of jurisdiction also applies.

Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions shall remain unaffected (severability clause, salvatorische Klausel). The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

These AGB constitute the entire agreement between you and us with regard to the use of the platform. There are no oral collateral agreements.