Terms

1. Identity and definitions

1.1 WebsiteFlow is a trade name of Flowstate Capital GmbH, hereinafter: "WebsiteFlow".

1.2 "Client" means any natural person or legal entity that negotiates with, places an order with or enters into an agreement with WebsiteFlow regarding services of WebsiteFlow.

1.3 "Business Client" means a Client acting in the exercise of a profession or business. "Consumer" means a natural person acting primarily for purposes outside their profession or business.

1.4 "Agreement" means any agreement between WebsiteFlow and the Client, including the applicable quotation, order confirmation, written confirmed scope and these general terms and conditions.

1.5 "Website" means the website, landing page, webshop, digital interface or other digital deliverable that WebsiteFlow develops or adapts for the Client.

1.6 "Preview" means a private, temporary or otherwise restricted demonstration of an intended Website that the Client may evaluate prior to purchase.

1.7 "Delivery" means the moment at which WebsiteFlow makes the agreed Website, files, access or other results available, or notifies the Client in writing that these are ready for review or use.

1.8 "In writing" also includes communication by e-mail and other electronic means of communication used by the parties, provided that the content thereof can be stored durably.

2. Applicability and order of precedence

2.1 These general terms and conditions apply to all offers, Previews, quotations, orders, agreements and follow-up work of WebsiteFlow, to the extent that they have been made available to the Client before or at the time of entering into the Agreement.

2.2 Deviations from these terms and conditions are only valid when WebsiteFlow has agreed to them in writing.

2.3 In the event of a conflict, the following order of precedence applies: first an individual written agreement expressly accepted by both parties, then the quotation or order confirmation, then a written confirmed project scope, and then these general terms and conditions.

2.4 General terms and conditions of the Client are expressly rejected, unless WebsiteFlow has accepted them in writing and explicitly.

2.5 If the Client qualifies as a Consumer, provisions that apply exclusively to Business Clients shall not be applied and all mandatory consumer rights remain unaffected.

3. Offers, information and formation of agreement

3.1 Unless expressly stated otherwise, offers and price indications are non-binding and may be withdrawn or adjusted by WebsiteFlow as long as the Client has not expressly confirmed the purchase.

3.2 An Agreement is formed as soon as the Client expressly accepts an offer, quotation, purchase button or other clear purchase confirmation from WebsiteFlow and WebsiteFlow receives that acceptance, or as soon as WebsiteFlow begins the agreed performance at the Client's explicit request after purchase.

3.3 Silence, opening a link, viewing a Preview, providing feedback on a Preview or participating in an exploratory conversation does not constitute a purchase confirmation and does not in itself create a payment obligation.

3.4 WebsiteFlow may withdraw an offer prior to acceptance where there is a manifest error, incorrect price, technical error, incorrect information from the Client or another circumstance that makes it unreasonable to require WebsiteFlow to honour the offer.

3.5 Manifest typographical, calculation, programming, pricing or publication errors do not bind WebsiteFlow. WebsiteFlow will correct such an error as soon as possible and, where relevant, make a corrected offer to the Client.

4. Preview prior to purchase

4.1 WebsiteFlow makes a private Preview of the full agreed Website available prior to purchase, including texts, mobile display and agreed functionalities. The Preview is intended solely to enable the Client to assess whether they wish to purchase the Website.

4.2 Unless agreed otherwise in writing, the Preview does not grant the Client any ownership right, copyright, licence or other right of use. All rights to the Preview remain with WebsiteFlow or its licensors until full payment.

4.3 The Client may share the Preview internally with persons who are reasonably involved in the purchase decision, provided that those persons do not publish, exploit, copy or provide the Preview to third parties for other purposes.

4.4 Without prior written consent from WebsiteFlow, the Client may not publish, go live with, use commercially, reproduce, have replicated by a third party, reverse-engineer, export or use the Preview or any part thereof as the basis for another website or digital service.

4.5 Providing feedback on the Preview does not mean that WebsiteFlow is obliged to implement all proposed changes. Only changes that fall within the agreed scope and feedback rounds are included.

4.6 WebsiteFlow may secure a Preview, apply technical restrictions or make it inaccessible after the decision period has expired. The Client has no entitlement to continued availability of the Preview prior to purchase.

4.7 If the Client decides not to purchase, no purchase price is owed, unless separately agreed paid work has been expressly agreed in advance. In that case the Client does not acquire any right to transfer or use of the Preview.

4.8 Unauthorised use of a Preview does not affect the intellectual property rights and other legal remedies of WebsiteFlow. WebsiteFlow may demand cessation of use, removal, compensation for actual damages suffered and reasonable enforcement costs, to the extent permitted by law.

5. Packages, prices and taxes

5.1 WebsiteFlow offers various packages and custom services. The current content and price are confirmed in the quotation, purchase confirmation or on the pricing page applicable at that time.

5.2 As of 24 September 2026, unless agreed otherwise in writing, the following starting prices apply: Upgrade EUR 650, New Website EUR 995 and Signature Website EUR 1,445.

5.3 The prices referred to in article 5.2 do not entitle the Client to the same price for future orders, extensions or new purchases. WebsiteFlow may change its prices for future agreements.

5.4 Costs of external suppliers, hosting, domain names, payment providers, premium plug-ins, fonts, stock material, APIs, software subscriptions and other third-party services are only included when this is expressly stated in writing.

5.5 If a price depends on information from the Client and that information proves to be incorrect or incomplete, WebsiteFlow may adjust the scope and price before additional work is carried out.

6. Scope of the assignment

6.1 The agreed scope is determined by the quotation, the order confirmation and the written specifications. Only pages, functions, languages, integrations, migrations, texts, designs and other elements expressly mentioned therein are included.

6.2 Work that does not reasonably follow from the agreed scope constitutes additional work. WebsiteFlow is not obliged to carry out additional work without a separate order.

6.3 WebsiteFlow may independently make minor technical choices that are necessary to realise the Website in a sound and efficient manner, as long as the agreed functional result is not materially changed as a result.

6.4 WebsiteFlow may choose the technical architecture, development method, software, programming language, hosting workflow and internal tools at its own professional discretion, unless the parties have expressly agreed otherwise in advance.

7. Feedback rounds and changes prior to delivery

7.1 Unless agreed otherwise in writing, the Upgrade includes one consolidated feedback round, the New Website includes one consolidated feedback round and the Signature Website includes two consolidated feedback rounds.

7.2 A feedback round is a consolidated and sufficiently concrete set of comments from the Client on the version currently under review. Individual comments submitted at different times may be treated by WebsiteFlow as separate feedback rounds when this results in additional work.

7.3 The Client preferably provides feedback in a summary and within the response period specified by WebsiteFlow. Late, contradictory or incomplete feedback may shift the schedule.

7.4 A feedback round is intended for adjustments within the agreed scope. All packages include as many languages as needed for the agreed Website. The Signature Website includes as many content pages as needed for the agreed Website, without a fixed quantity limit. The parties determine in advance which content and language versions are required. Wishes outside that agreed Website, such as new functionality, a different concept or a structural redesign wish, are discussed in advance and constitute additional work where necessary.

7.5 WebsiteFlow will notify the Client in advance when a request is in its opinion additional work. Additional work prior to Delivery will only be carried out after the Client has accepted a supplementary fixed price or revised quotation. An hourly rate applies exclusively to new work after Delivery.

7.6 Unused feedback rounds do not entitle the Client to a refund, discount or set-off.

8. Client cooperation

8.1 The Client provides in a timely manner all information, texts, images, logos, house style files, technical data, accounts, permissions, decisions and access rights that WebsiteFlow reasonably requires.

8.2 The Client warrants the accuracy, completeness and lawfulness of the information and materials supplied by them and is responsible for timely verification of names, prices, contact details, company information, product information, legal texts and other content.

8.3 The Client warrants that they hold sufficient rights and permissions for all texts, images, trademarks, data files, music, videos, software and other materials supplied by them.

8.4 WebsiteFlow may rely on information and instructions from the Client and is not obliged to independently investigate the factual or legal accuracy thereof, unless this is expressly part of the assignment.

8.5 If the Client fails to cooperate in a timely manner, WebsiteFlow may suspend performance and adjust the schedule without being liable for the resulting delay.

8.6 If required input, access or approval is absent for more than thirty days, WebsiteFlow may administratively pause the project. Resumption takes place based on the capacity available at that time. Additional work that is solely necessitated by the interruption may, after prior notice, be charged as additional work.

9. Schedule and deadlines

9.1 All stated execution and delivery deadlines are estimates, unless it has been expressly agreed in writing that a specific date is binding and final.

9.2 A deadline only commences after WebsiteFlow has received all reasonably necessary information and cooperation.

9.3 Delay caused by changes, additional requests, third parties, technical limitations, missing access, late feedback or other circumstances on the Client's side extends the schedule by at least the duration and reasonable consequences of that delay.

9.4 WebsiteFlow is not in default due to exceeding a non-binding schedule. If performance threatens to be demonstrably late, the parties will discuss a revised schedule in good faith.

10. Purchase after Preview

10.1 After the Client has reviewed the Preview, they may expressly purchase the Website. From that purchase confirmation, the agreed purchase price is owed, subject to mandatory Consumer rights.

10.2 The Client acknowledges that the Preview specifically gives them the opportunity to thoroughly evaluate the intended Website prior to purchase. After purchase, the Client may therefore not cancel free of charge or demand a refund solely on the grounds of a change in taste, internal preference or strategy.

10.3 A purchase is not conditional on internal approvals of the Client that have not been included in writing as a condition in advance. The person who confirms the purchase on behalf of a Business Client is deemed to be authorised to bind that Client, unless WebsiteFlow knew or should reasonably have understood that such authority was lacking.

11. Invoicing and payment

11.1 After the explicit purchase confirmation, the Client receives an invoice. Unless stated otherwise, the payment term is fourteen days after the invoice date.

11.2 WebsiteFlow may require that full payment has been received before the Website is made live, production data is transferred, source files are provided or administrator rights are definitively transferred to the Client.

11.3 The Client bears bank charges and other costs of their own payment method, unless mandatory law provides otherwise.

11.4 In the event of late payment, WebsiteFlow may, after default has occurred under applicable law, charge statutory or agreed late payment interest and reasonable collection costs.

11.5 To the extent that Swiss law is applicable, the late payment interest rate is at least the legally applicable percentage, unless a different percentage has been validly agreed.

11.6 A Business Client may not suspend a payment obligation or set it off against a counterclaim, unless that counterclaim has been acknowledged in writing by WebsiteFlow or has been established by a final and binding decision.

11.7 If an invoice remains due and unpaid, WebsiteFlow may suspend further work, launch, support, access to staging environments and transfer until full payment has been received. Such suspension extends the schedule and does not constitute a failure on the part of WebsiteFlow.

12. Delivery, inspection and acceptance

12.1 WebsiteFlow delivers the Website in the agreed manner. This may take place, among other ways, via a staging environment, live publication, transfer of files, repository, account access or a written notification of completion.

12.2 The Client carefully inspects the Delivery and reports concrete deviations from the written agreed scope as soon as possible, with sufficient information to reproduce the issue.

12.3 For Business Clients, visible deviations must be reported in writing and with sufficient specification no later than five working days after Delivery. A defect discovered later must be reported within five working days of discovery. To the extent permitted by law, failure to report in time constitutes acceptance of the relevant performance.

12.4 Without prejudice to mandatory law, a Website is in any event deemed accepted by a Business Client as soon as it is put into public use by or on behalf of the Client, materially modified, transferred to another supplier or used commercially without a prior concrete report of a material defect.

12.5 Minor deviations that do not materially impede normal use do not entitle the Client to refuse the entire Delivery or payment.

13. Remedy of defects

13.1 If the Delivery demonstrably does not conform to the agreed scope, WebsiteFlow is first given a reasonable opportunity to investigate and remedy the attributable deviation.

13.2 Remedying a deviation within the original scope caused by WebsiteFlow does not constitute paid additional work.

13.3 A request does not constitute free-of-charge remedy if the issue was wholly or primarily caused by changes made by the Client or third parties, outdated or modified external software, hosting issues, domain or DNS changes, modified APIs, plug-ins, updates, malware, misuse, missing licences or other circumstances outside WebsiteFlow's sphere of influence.

13.4 For Business Clients, unless agreed otherwise in writing, free-of-charge correction of reproducible technical errors in the original Delivery is limited to errors reported within thirty days of Delivery. Thereafter, work is classified as maintenance or new work, except for latent defects for which mandatory law provides otherwise.

14. Changes after delivery

14.1 Changes, extensions, maintenance, new content, technical migrations and other work after Delivery are not covered by the original price, unless agreed otherwise in writing.

14.2 New work after Delivery is, where no fixed price has been agreed, carried out at EUR 65 per hour.

14.3 WebsiteFlow will, where reasonably possible, provide an indication of the work required in advance. An estimate is not a fixed price unless it has been expressly confirmed as a fixed price.

14.4 WebsiteFlow is not obliged to accept follow-up work and may apply a new schedule, scope or price for such work.

15. Hosting, domain, e-mail and infrastructure

15.1 Unless expressly included in the Agreement, the Client manages their own hosting, domain registration, e-mail, DNS, cloud accounts and other infrastructure.

15.2 WebsiteFlow may assist the Client in setting these up, but is not responsible for outages, limitations, price changes, policy changes, blocks or terminations by external suppliers.

15.3 If WebsiteFlow makes changes in third-party accounts on behalf of the Client, it does so on the basis of the access and instructions provided by the Client. The Client remains responsible for the contract with the relevant external supplier.

15.4 After Delivery, the Client ensures secure storage of passwords, recovery codes and administrative access credentials and changes temporary or shared passwords when this is reasonably appropriate.

15.5 WebsiteFlow does not guarantee uninterrupted availability, response time or uptime of external hosting, domain, e-mail, CDN, analytics, payment, AI, API or other third-party services.

16. CMS, management and maintenance

16.1 A content management system or independent administration panel enabling the Client to modify all components without technical knowledge is only included if this is expressly stated in the scope.

16.2 The absence of a CMS is not a defect when no CMS has been agreed.

16.3 There is no mandatory WebsiteFlow subscription after Delivery. The Client may engage WebsiteFlow or another developer, subject to the rights and licences of WebsiteFlow and third parties.

16.4 Security updates, platform updates, plug-in updates, back-ups, monitoring, error tracking, compatibility adjustments and ongoing technical management are not included unless a separate maintenance or service agreement has been concluded for this purpose.

17. Third parties and licences

17.1 Websites may contain or use components from third parties, including open-source software, frameworks, plug-ins, fonts, stock material, map services, analytics, video hosting, payment providers, APIs and other external services.

17.2 The terms and licences of the relevant rights holders apply to third-party components. WebsiteFlow cannot transfer broader rights than it itself holds.

17.3 The Client accepts that external suppliers may change or discontinue their products, prices, terms, APIs, functionality or availability. WebsiteFlow is not liable for such changes, but may, if desired, provide support for adaptation or replacement against payment.

17.4 If an external licence involves periodic costs, the Client bears those costs from the moment and in the manner indicated in the quotation or with the relevant supplier.

18. Artificial intelligence and automated tools

18.1 WebsiteFlow may use artificial intelligence, code assistants and other automated tools in design, development, text production, translation, image editing, quality control, prototyping and other work, unless agreed otherwise in writing.

18.2 WebsiteFlow remains responsible for its own agreed services, but does not guarantee that elements generated by external AI or automation services are unique, exclusive, error-free or free from similarity to third-party work.

18.3 The Client verifies, prior to publication, business-critical facts, prices, legal notices, product claims, technical specifications and other content where errors may have particular consequences.

18.4 If the Client requires that certain confidential information is not processed via specific external tools, this must be communicated in writing before that information is provided so that the parties can make appropriate arrangements.

19. Intellectual property and transfer

19.1 All intellectual property rights remain with the original rights holder until and to the extent that a transfer or licence is arranged in these terms and conditions or the Agreement.

19.2 After full payment, the Client obtains the agreed source files and a permanent right to use, publish and modify the Website delivered to them, to the extent that WebsiteFlow is authorised to grant that right.

19.3 To the extent that WebsiteFlow itself owns copyrighted components developed exclusively for the Client and transfer is expressly part of the Agreement, that transfer only takes place after full payment and exclusively for the specifically agreed client-specific components.

19.4 WebsiteFlow retains all rights to pre-existing and generic components, libraries, frameworks, components, layouts, development methods, automations, templates, scripts, prompts, know-how, design principles, processes and other reusable elements. The Client receives only the right of use necessary to use and modify the delivered Website in the normal manner.

19.5 The transfer of source files does not automatically include internal development environments, WebsiteFlow's account credentials, licences not purchased for the Client, generic libraries, internal documentation, prompts, build systems, deployment infrastructure or other internal business assets of WebsiteFlow.

19.6 Rights to open-source code, fonts, stock material, music, images and other external materials remain subject to the applicable licence terms. The Client is responsible for compliance therewith after taking over management.

19.7 Payment for a Website does not grant exclusivity over general ideas, style elements, functions, methods or techniques that have not been specifically agreed as exclusive.

20. Portfolio and reference use

20.1 Unless the Client objects in writing prior to public launch, WebsiteFlow may, after publication, use the name, logo, URL and public screenshots of the Website to showcase the work performed in its portfolio, case studies, pitches and own marketing.

20.2 WebsiteFlow will not publish non-public business information or confidential data in doing so.

20.3 WebsiteFlow will reasonably respect a later objection from the Client for future new use, but is not obliged to retrieve already lawfully distributed physical material or to delete historical public publications to the extent that this is not reasonably practicable.

21. Content and legal responsibility

21.1 The Client remains responsible for the content and operation of their Website, including business information, offers, prices, product claims, intellectual property, consumer information, privacy information, cookie use, general terms and conditions, accessibility obligations and sector-specific rules, unless a specific component thereof has been expressly assigned to WebsiteFlow.

21.2 Texts, examples, models or technical configurations supplied by WebsiteFlow that contain a legal, tax or compliance element do not constitute individual legal, tax or regulated professional advice, unless expressly agreed otherwise in writing.

21.3 The Client ultimately decides which content is published and verifies it prior to going live. Approval by the Client of content or a Preview constitutes confirmation that the Client has verified that content for publication, except for errors that were not reasonably identifiable.

22. SEO, performance, revenue and results

22.1 WebsiteFlow endeavours to realise the Website professionally, but does not guarantee specific revenue, conversion, profit, visitor numbers, advertising results, search engine positions, indexing, Core Web Vitals scores, load times, sales results or any other commercial result.

22.2 Search engines, advertising platforms, browsers, devices and external software may change their algorithms, requirements and behaviour. WebsiteFlow is not responsible for changes in results arising from this.

22.3 Technical optimisation, SEO work, analytics, accessibility audits, advertising management and conversion optimisation are only included to the extent that they are expressly included in the scope.

23. Browser, device and accessibility compatibility

23.1 WebsiteFlow aims for proper functioning on common modern browsers and devices at the time of Delivery, to the extent that this is reasonable within the agreed scope.

23.2 WebsiteFlow does not guarantee identical display on every device, screen size, operating system or browser version. Minor visual differences are not a defect when the core functionality remains usable.

23.3 Support for outdated browsers, specific business environments, particular assistive technologies or formal accessibility standards is only included if this has been expressly agreed.

24. Changes by the Client or third parties

24.1 From the moment the Client or a third party modifies the Website, code, configuration, hosting or integrations, WebsiteFlow is not responsible for issues arising from this or that can no longer reasonably be distinguished from the original Delivery as a result.

24.2 If WebsiteFlow is asked to investigate an issue that ultimately proves to have been caused by the Client, a third party or an external service, WebsiteFlow may charge the reasonable investigation time as additional work, provided it informs the Client of this in advance or as soon as possible.

25. Confidentiality

25.1 The parties treat non-public information that they reasonably understand to be confidential as confidential and use it solely for the performance of the Agreement.

25.2 The duty of confidentiality does not apply to information that was already lawfully public, was independently developed, was lawfully obtained from a third party or must be disclosed pursuant to law, court order or competent authority.

25.3 WebsiteFlow may continue to use general knowledge, skills, ideas, methods and experience acquired during an assignment, as long as no confidential information of the Client is disclosed in doing so.

26. Personal data

26.1 Each party is responsible for compliance with the privacy legislation applicable to it.

26.2 To the extent that WebsiteFlow processes personal data solely on behalf of the Client and a data processing agreement is required by law, the parties will make appropriate additional arrangements in this regard.

26.3 WebsiteFlow may use carefully selected external service providers for the performance of the assignment, to the extent that this is consistent with the applicable privacy arrangements.

26.4 The Client does not provide WebsiteFlow with more personal data than is reasonably necessary and ensures a lawful basis for data that they have processed by WebsiteFlow.

27. Liability

27.1 WebsiteFlow is only liable for damage that can be attributed to it under applicable law and to the extent that such liability has not been validly excluded or limited.

27.2 To the extent permitted by law, WebsiteFlow's liability for ordinary negligence is limited to direct, reasonably foreseeable damage and at most to the amount that the Client has actually paid to WebsiteFlow for the specific assignment to which the damage relates, excluding taxes and third-party costs.

27.3 In the case of an ongoing paid service, liability is, to the extent permitted by law, limited to the amount that the Client has actually paid to WebsiteFlow for that specific service in the twelve months preceding the event causing the damage.

27.4 To the extent permitted by law, WebsiteFlow is not liable for indirect damage, consequential damage, loss of profit, lost revenue, missed savings, loss of goodwill, missed opportunities, business interruption, loss or corruption of data or third-party claims.

27.5 The limitations in this article do not apply to liability that cannot be excluded or limited under mandatory law, including liability for intent or gross negligence to the extent that a prior exclusion thereof is invalid, nor to liability for death or personal injury to the extent that exclusion is not permitted by law.

27.6 Any liability presupposes that the Client provides WebsiteFlow in a timely manner with sufficient information to investigate the cause and limit the damage.

27.7 The Client takes reasonable measures to prevent and limit damage. Damage that could reasonably have been prevented or limited is not eligible for compensation to the extent that applicable law permits this.

28. Indemnification by Business Clients

28.1 A Business Client indemnifies WebsiteFlow, to the extent permitted by law, against reasonable third-party claims that arise directly from materials or instructions supplied by the Client, unlawful content, infringement of third-party rights, use of the Website in violation of the law or changes made after Delivery by or on behalf of the Client.

28.2 The indemnification does not apply to the extent that the claim is demonstrably caused by intent or gross negligence on the part of WebsiteFlow or by material that WebsiteFlow knew to be unlawful.

28.3 WebsiteFlow informs the Business Client within a reasonable period of a relevant claim and will not unnecessarily impede the defence. The Business Client may not enter into a settlement that involves an admission, publication obligation or non-monetary obligation for WebsiteFlow without WebsiteFlow's prior written consent.

29. Force majeure

29.1 WebsiteFlow is not liable for delay or failure resulting from a circumstance beyond its reasonable control, including prolonged internet or power outages, outages at hosting or cloud providers, cyber incidents, failure of essential software or APIs, government measures, war, serious social disruption, natural disasters, epidemics, strikes or sudden unavailability of essential external suppliers.

29.2 During force majeure, obligations that cannot be performed as a result are suspended. The parties will, where reasonably possible, discuss an alternative working method or schedule.

29.3 If the force majeure continues for more than sixty days and further performance cannot reasonably be required, either party may terminate the part of the Agreement not yet performed. Work already properly performed and non-refundable external costs already incurred remain owed, to the extent permitted by law.

30. Suspension and termination due to failure

30.1 If a party materially fails in its obligations, the other party, where the nature of the failure permits, first gives it a reasonable period to still perform.

30.2 WebsiteFlow may immediately suspend its work if the Client fails to pay a due invoice, structurally refuses necessary cooperation, asks WebsiteFlow to act unlawfully, causes security risks or uses the Preview or Website in violation of the agreed rights.

30.3 WebsiteFlow may terminate the Agreement if a serious failure has not been remedied within the set reasonable period or if continuation cannot reasonably be required of WebsiteFlow.

30.4 Upon termination due to an attributable failure of a Business Client, work already performed, external costs already incurred and amounts already due remain owed. The part not yet performed is settled to the extent that this follows from the Agreement and applicable law.

31. Cancellation after purchase

31.1 Prior to the explicit purchase of a Preview, the Client may decline the Website without incurring purchase costs, except for separately agreed paid work.

31.2 After explicit purchase, a Business Client has no contractual right to cancel the assignment free of charge due to a change of mind, priority, budget or internal decision-making. The agreed price remains owed, unless WebsiteFlow agrees to a different arrangement in writing.

31.3 If WebsiteFlow voluntarily agrees to a termination or modification, it may attach reasonable conditions to this, including compensation for work already performed, reserved capacity, costs incurred and non-cancellable obligations to third parties.

31.4 For Consumers, the mandatory statutory rights of withdrawal and termination apply exclusively to the extent applicable. If the Consumer requires WebsiteFlow to commence services during an applicable withdrawal period, WebsiteFlow may request the legally required explicit consent and acknowledgement and, upon valid withdrawal after performance has commenced, claim the proportionate compensation permitted by law.

32. No right of withdrawal under Swiss law outside mandatory cases

32.1 To the extent that Swiss law exclusively applies, WebsiteFlow does not grant a voluntary general right of withdrawal or cooling-off period after the explicit purchase, unless this is stated in writing in the specific offer.

32.2 Article 32.1 does not affect a mandatory statutory right of withdrawal that applies in a specific case, including mandatory protection that may arise from the law of a Consumer's country.

33. Services for Consumers in the European Economic Area

33.1 If WebsiteFlow directs its services at a Consumer in a country where mandatory consumer legislation applies, that Consumer retains the protection to which they are entitled under applicable mandatory law.

33.2 A choice of Swiss law is not intended to deprive a Consumer of protection that cannot be contractually excluded under applicable rules of private international law.

33.3 If a mandatory right of withdrawal applies, WebsiteFlow provides the legally required information separately or during the ordering process. A waiver of or loss of a right of withdrawal is only assumed if the statutory conditions for this have been met.

34. Subcontractors and transfer of work

34.1 WebsiteFlow may engage employees, freelancers, subcontractors and specialised external service providers for the performance of work without requiring separate consent from the Client, unless agreed otherwise in writing.

34.2 WebsiteFlow may transfer its rights to payment or have them collected by a third party. The Client may not transfer their rights and obligations under the Agreement to a third party without WebsiteFlow's prior written consent, except to the extent that mandatory law provides otherwise.

35. Communication and approvals

35.1 The parties may use e-mail and other agreed digital means of communication for operational arrangements.

35.2 Approvals, feedback, change requests and purchase confirmations sent via the Client's usual contact channel may be treated by WebsiteFlow as originating from the Client, unless it has concrete reasons to doubt this.

35.3 The Client is responsible for keeping their contact details up to date and for internal forwarding of relevant messages.

36. Evidence and records

36.1 For Business Clients, WebsiteFlow's records, electronic communications, project logs, version history, invoicing data and digital registrations serve as evidence of the agreements made and actions performed, subject to proof to the contrary.

36.2 The parties acknowledge that electronic copies and digital confirmations may serve the same practical evidentiary function as paper communications, to the extent that applicable law permits this.

37. Amendment of these terms and conditions

37.1 WebsiteFlow may amend these general terms and conditions for future agreements.

37.2 The version accepted at the time of entering into a one-off assignment already concluded continues in principle to apply to that assignment.

37.3 For ongoing services, WebsiteFlow may implement reasonable changes when this is necessary due to legislation, security, changed external services or the nature of the services. If a change materially worsens the position of a Consumer, the applicable mandatory information and termination rights apply.

38. Severability and waiver

38.1 If a provision proves to be wholly or partially invalid, void or unenforceable, the remaining provisions remain in force.

38.2 The parties will, where necessary, replace or interpret an invalid provision in a manner that is legally valid and approximates the purpose and economic intent of the original provision as closely as possible, without violating mandatory law.

38.3 Failure to immediately exercise a right does not constitute a waiver of that right.

39. Entire agreement

39.1 The Agreement, together with the applicable quotation, order confirmation, written confirmed scope and these terms and conditions, contains the arrangements between the parties regarding the subject matter of the assignment.

39.2 Earlier oral or written statements not incorporated in the final Agreement do not constitute an additional guarantee or obligation of result, unless WebsiteFlow has expressly confirmed them in writing.

40. Applicable law

40.1 To the extent that it can be validly agreed, Swiss law applies to the Agreement, to the exclusion of conflict-of-law rules that would lead to the application of another law.

40.2 Article 40.1 does not apply to the extent that mandatory rules of private international law or mandatory consumer protection provide that another law applies in whole or in part or cannot be validly excluded.

41. Disputes and competent court

41.1 The parties first attempt to resolve a dispute through amicable consultation. This does not prevent a party from taking interim, protective or other necessary legal measures in a timely manner.

41.2 For disputes with a Business Client, to the extent valid, the competent court at the registered place of business of Flowstate Capital GmbH has exclusive jurisdiction.

41.3 For Consumers, the mandatory rules on judicial jurisdiction apply. No provision in these terms and conditions restricts a Consumer in a jurisdiction from which they cannot waive in advance under mandatory law.

42. Final provision

42.1 By entering into the Agreement, the Client confirms that they have had the opportunity to consult and save these general terms and conditions prior to entering into it.

42.2 If WebsiteFlow makes a translation of these terms and conditions available and a discrepancy arises between language versions, the Dutch version serves as the point of reference to the extent that this can be validly agreed and mandatory law does not provide otherwise.