1. Intellectual property rights
Unless otherwise stated, the website is flatrate.design and all source codes, databases, features, software, website designs, audio, video, text, photographs and graphics of any kind and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned and controlled by flatrate.design and are protected by copyright and trademark rights and any other applicable law or the Federal Republic's Intellectual Property Protection Regulation Germany, foreign jurisdictions and international conventions. The content and trademarks are provided “as is” for your information and personal use only. Except as expressly provided herein, no part of the website and no content may be copied, reproduced, summarized, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without the express prior written permission of flatrate.design. flatrate.design reserves all rights to the website, content and trademarks.
2. Ownership of Materials
Notwithstanding flatrate.design's ownership of submissions, as described in paragraph 4 (“Customer Feedback”), all design and original source files (“Projects”) created on behalf of the Customer belong to the Customer, and the Customer is the sole owner of the copyright to all projects, provided that they were completed during the term (subscription). In the event that a law would make flatrate.design the owner of a project, in whole or in part, instead of the customer, flatrate.design irrevocably and permanently transfers its entire interest in the project to the customer, without restriction, insofar as this is figuratively speaking equivalent to the customer's wishes. The customer warrants that all materials made available to flatrate.design as examples or as material to incorporate into a project during the design process are the property of the customer and do not infringe or misuse the rights of third parties, including, but not limited to, all intellectual property rights and every right to publicity. flatrate.design always reserves the right to publicly share the customer's design work (social media, website, etc.), unless in accordance with Section 18 of this Documents differently agreed.
The content and works on these pages created by the site operators are subject to German copyright law. Duplication, editing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. If we become aware of legal violations, we will remove such content immediately.
3. Writings from third parties
In the event that a project contains fonts that are not owned by flatrate.design and for which the customer requires a commercial license to reproduce, distribute or publicly display the project by law (“third-party fonts”), flatrate.design will inform the customer in writing that one or more third-party fonts have been incorporated into the project and that the customer must purchase one or more licenses for third-party fonts from the rights holder of these third-party fonts in order to complete the project by law reproduce, distribute or publicly display. This notice will contain sufficient information to enable the customer to identify which licenses are required and who to contact to purchase these licenses. If flatrate.design has informed the customer of the inclusion of third-party fonts as described above, the customer assumes all responsibility for any consequences resulting from the customer's failure to purchase one or more licenses for any third-party fonts incorporated into a project.
4. User Commitments
By using the website, the customer assures and warrants that:
- The customer has the legal authority and agrees to comply with these terms of use;
- The customer is not a minor in the jurisdiction of his place of residence; the customer will not access the website through automated or non-human means;
- The customer will not use the website for illegal or unauthorized purposes;
- The use of the website by the customer will not violate any applicable law or regulation
5. Prohibited activities
The customer may only use the website for the purpose for which the website is made available to the customer. The website may not be used in connection with commercial ventures unless they are related to the work that flatrate.design performs on behalf of the customer. Furthermore, the customer undertakes to refrain from the following:
- unauthorised use of the website; Retrieve data or content to create or assemble a database or directory.
- bypass security-related functions on the website, disable or otherwise interfere.
- unauthorised embedding or linking to the website; flatrate.design or mislead other users.
- disrupt the website or the networks or servers of flatrate.design, interrupt or exert excessive stress.
- use the website in one attempt to compete with flatrate.design.
- Encrypt, decompile, disassemble or reverse engineer software that forms part of the website or is part of it in any way.
- circumvent measures on the website, which are used to prevent or restrict access to the website or parts of it.
- employees, freelancers or agents from flatrate.design, provide, harass, annoy, intimidate, or threaten the services via the website.
- delete the copyright or other legal notices from content; copy or adapt the website's software.
- Upload viruses, Trojan horses, or other material or transfer, or attempt to do so, including anything that interferes with the use of the website by third parties or alters, impairs or disrupts the use, functions, operation, or maintenance of the website.
- upload or transfer material, or try this, which acts as a passive or active mechanism for collecting or transmitting information.
- Disparage, defame, or otherwise harm flatrate.design
- Use the website in a way that does not comply with applicable laws, regulations or regulations. exploitation of the system, which is apparently being carried out with attempts;
- Pause Function Features (Section 11) to circumvent or exploit in any way.
6. Customer feedback
The customer acknowledges and agrees that all questions, comments, suggestions, other feedback or submissions (each a “Submission”, Submission relating to uploads, postal, etc.) are the exclusive property of flatrate.design, unless otherwise agreed, and flatrate.design is not required to keep a Submission confidential or take steps to ensure the confidentiality of a Submission. flatrate.design is the sole and exclusive owner of all rights with respect to the Submission, except to the extent that rights are granted to the Customer in accordance with paragraph 2 (“Ownership of Materials”), and may, in its sole and absolute discretion, use and distribute a Submission for any purpose permitted by law, without permission, recognition, or compensation for or to the Customer. Customer agrees that he is entitled to articulate and submit the Submission, and Customer hereby waives all claims and remedies against flatrate.design for use of the Submission in accordance with the terms set forth herein and at its sole discretion in the future.
7. Management and Supervision
flatrate.design reserves the right to monitor the website for violations of these terms of use and to take appropriate legal action if these terms of use or applicable laws, regulations or regulations are violated. flatrate.design also reserves the right to restrict or deny access to the website or to deactivate the use of the website by the customer. Any such decision is at the sole discretion of flatrate.design, without notice or liability to the customer. All decisions regarding the management of the website are at the sole discretion of flatrate.design and are intended to protect the rights and property of flatrate.design.
8. Payment
Processing of data (customer and contract data)
We collect, process and use personal data only to the extent necessary to establish, structure or change the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which allows the processing of data to fulfill a contract or pre-contractual measures. We collect, process and use personal data about the use of this website (usage data) only to the extent necessary to enable or bill the user to use the service. The collected customer data will be deleted on our website after the order has been completed or the business relationship has ended. Statutory retention periods remain unaffected.
Payment is due weekly, monthly or quarterly, depending on the chosen term. Payment is always based on the previously selected term and must always be made in advance. The payment date is repeated according to the start date of the respective term.
Data transfer upon conclusion of contract for online shops, retailers and shipping
We only transfer personal data to third parties if this is necessary as part of contract processing, for example to the companies entrusted with the delivery of the goods or the credit institution responsible for processing payments. The data will not be transferred any further or only if you have expressly consented to the transfer. Your data will not be passed on to third parties without express consent, for example for advertising purposes. The basis for data processing is Art. 6 para. 1 lit. b GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures.
Data transfer upon conclusion of contract for services and digital content
We only transfer personal data to third parties if this is necessary as part of contract processing, for example to the bank responsible for payment processing. The data will not be transferred any further or only if you have expressly consented to the transfer. Your data will not be passed on to third parties without express consent, for example for advertising purposes. The basis for data processing is Art. 6 para. 1 lit. b GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures.
We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment details (e.g. name, payment amount, account details, credit card number) will be processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection regulations of the respective providers apply to these transactions. Payment service providers are used on the basis of Art. 6 para. 1 lit. b DSGVO (contract processing) and in the interest of a payment process that is as smooth, convenient and secure as possible (Art. 6 para. 1 lit. f GDPR). Insofar as your consent is requested for certain actions, Article 6 (1) (a) GDPR is the legal basis for data processing; consents can be withdrawn at any time for the future.
Note: Depending on which payment method you choose, you may be redirected to an external payment service provider. These service providers have their own privacy policies and policies. We recommend that you familiarise yourself with the privacy policy of the respective payment service provider before using a particular payment method.
We use the following payment services/payment service providers as part of this website:
PayPal
The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). Data transmission to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found here For details, see Privacy Policy by PayPal
Apple Pay
The provider of the payment service is Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Apple's privacy policy can be found here.
Google Pay
The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. You can find Google's privacy policy here.
Stripe
The provider for customers within the EU is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Data transmission to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here and here. Details can be found in Stripe's privacy policy at the following link read up.
Klarna
The provider is Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Klarna offers various payment options (e.g. installment purchase). If you choose to pay with Klarna (Klarna checkout solution), Klarna will collect various personal data from you. Klarna uses cookies to optimize the use of the Klarna checkout solution. For details on the use of Klarna cookies, please see the following Link. You can find details about this in the Privacy statement Read about Klarna.
Paydirekt
The provider of this payment service is Paydirekt GmbH, Hamburger Allee 26-28, 60486 Frankfurt am Main, Germany (hereinafter “Paydirekt”). If you make the payment using Paydirekt, Paydirekt collects various transaction data and forwards it to the bank where you are registered with Paydirekt. In addition to the data required for payment, Paydirekt may collect other data, such as delivery address or individual items in the shopping cart, as part of transaction processing. Paydirekt then authenticates the transaction using the authentication procedure stored with the bank for this purpose. The payment amount is then transferred from your account to our account. Neither we nor third parties have access to your account details. Details on payment with Paydirekt can be found in the terms and conditions and the privacy policy by Paydirekt.
Instant transfer
The provider of this payment service is Sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “Sofort GmbH”). Using the “Sofortüberweisung” process, we receive a payment confirmation from Sofort GmbH in real time and can immediately begin to fulfill our obligations. If you have opted for the “Sofortüberweisung” payment method, send the PIN and a valid TAN to Sofort GmbH, which it can use to log into your online banking account. After logging in, Sofort GmbH automatically checks your account balance and carries out the transfer to us using the TAN you have provided. She then immediately sends us a transaction confirmation. After logging in, your turnover, the credit line of the overdraft facility and the existence of other accounts and their stocks are also automatically checked. In addition to the PIN and TAN, the payment details you enter and personal data will also be sent to Sofort GmbH. The data about you includes your first and last name, address, telephone number (s), e-mail address, IP address and, if applicable, other data required for payment processing. The transmission of this data is necessary to establish your identity beyond doubt and to prevent fraud attempts. For details on payment with instant bank transfer, please see the following links: Here and here.
Amazon Pay
The provider of this payment service is Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg. Details on how to handle your data can be found in the Amazon Pay privacy policy at the following link read up.
Mollie
The provider of this payment service is Mollie B.V., Keizersgracht 126, 1015CW Amsterdam, the Netherlands (hereinafter “Mollie”). With the help of Mollie, we can integrate various payment methods on our website. For details, see Privacy statement by Mollie.
PayOne
The provider of this payment service is PAYONE GmbH, Lyoner Strasse 9, 60528 Frankfurt am Main (hereinafter referred to as “PayOne”). For details, see Privacy statement by PayOne.
CopeCart
The provider of this payment service is CopeCart GmbH, Ufnaustraße 10, 10553 Berlin (hereinafter “CopeCart”). For details, see Privacy statement by CopeCart.
9. Privacy Policy
By using the website, the customer agrees to be bound by and comply with the privacy policy and the conditions specifically set forth therein. The website is hosted in the United States of America. Accessing the website from the EU, Asia, or any other region of the world may result in laws, regulations, or regulations that are different from those of the United States and govern the collection, use, or disclosure of personal information. Continued use of the website and transfer of data to the United States constitutes express consent by the customer to transfer and process data in the United States. flatrate.design does not knowingly accept any information from anyone under 18 years of age. In accordance with the Children's Online Privacy Protection Act of the United States, flatrate.design will delete this information as quickly as possible if it is actually aware that a person under 13 years of age has submitted personal data to flatrate.design without parental consent.
10. Basic process of our service
a. Payment obligation:
By signing up for our service, you agree to pay the selected rate, regardless of actual use.
b. Processing time:
We aim to deliver within the stated processing time of 2-3 working days. However, this is an estimate and, in some cases, processing may take longer. For more information, there is a list on the main page under FAQs!
c. Unlimited changes:
We offer unlimited changes in accordance with our terms. That means we'll keep making adjustments to a specific design project until you're satisfied. However, this iritation takes more days and should be considered. However, we reserve the right to intervene in case of misuse or unrealistic requests for changes.
d. property rights:
Although the designs created belong to you, we reserve the right to use them for marketing and advertising purposes as long as no confidential information is revealed. More information in paragraph 2
e. Service interruptions:
We cannot be held responsible for delays or interruptions to our services due to force majeure, technical issues, or other circumstances beyond our control.
f. Quality and satisfaction:
We strive for the highest quality, but we cannot guarantee that every design meets the specific expectations or requirements of every customer.
By using our services, you accept these terms and any others listed on our website.
11. Pause function
a. How the pause function works:
Our billing cycles are based on a 30-day period. For example, if you only use our service for 20 days and then decide to take a break, the billing cycle will stop. You can use the remaining 10 days that you have left at a later date whenever it is convenient for you.
b. Activate the pause function in the Trelloboard:
To activate the pause feature, move the “PAUSE” card to the “Ready” column. There shouldn't be a project in the “In Progress” or “For Approval” columns at this time. The activation of the pause function will be confirmed as soon as we move the “PAUSE” card to the “In process” column. This ensures that the pause function is planned and implemented in our work process and procedure. The pause feature only works in Trello. The function of interruption via Stripe's customer portal is not permitted and cannot be performed by us as a result of the processes.
c. Duration and applicability:
The pause function can be activated for a minimum period of 7 days. There is no maximum limit on the duration of the pause function as long as you have the days left over from your current billing cycle. The pause function cannot be activated 7 days before the end of the next cancellation cycle.
d. Resumption of services:
To resume service after a break, remove the “PAUSE” card and place a new or existing task card in the “Ready” column. Your subscription will then resume the following day, taking into account the remaining days from your interrupted billing cycle.
12. Returns and refunds
flatrate.design reserves the right to refuse refunds at its sole discretion and without notice or liability to the customer. Requests for refunds are reviewed on a case-by-case basis. Should the customer request a refund during the first month of use, all materials created by flatrate.design are the property of the company and may not be used by the customer in any way. If a refund is deemed appropriate, a 25% fee will be charged over the remaining billable period. flatrate.design reserves the right to take appropriate legal action against the customer in the event of a violation of this paragraph.
13. Amendments
flatrate.design reserves the right to change, modify, add or remove content on the website for any reason at its own discretion. flatrate.design reserves the right to change, discontinue or modify the website in whole or in part without notice and without liability to the customer. This may include price adjustments, information, services, additional modules or the like.
14. Interruptions in connection
flatrate.design does not guarantee and does not guarantee that the website is available and accessible at all times. Problems with hardware, software, or other elements may cause interruptions, delays, or errors that are beyond the control of pause.design. The customer agrees that flatrate.design is not liable for any loss, damage or inconvenience caused to the customer as a result of the customer's inability to use or access the website or service itself during an interruption of the connection or service.
15. Applicable law
These terms of use are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflict of law principles.
16. Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with § 7 Paragraph 1 TMG. According to §§ 8 to 10 TMG, however, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general laws remain unaffected by this. However, liability in this regard is only possible from the time of knowledge of a specific infringement of the law. If we become aware of corresponding legal violations, we will remove this content immediately.
17. Litigation
Any legal action of any kind must be brought before the competent courts in Kempten, Allgäu, Bavaria or before the competent district court for the federal state of Bavaria. The parties hereby consent to personal jurisdiction in the said courts and waive all objections relating to lack of personal jurisdiction and lack of jurisdiction of the place of jurisdiction with respect to jurisdiction and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these terms of use.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
18. Disclaimer
The website is provided on an “as is” and “as available” basis. The customer agrees that use of the website and services is at their own risk. flatrate.design disclaims all warranties, express or implied, in connection with the website and its use by the customer, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights. flatrate.design makes no warranties or representations as to the accuracy or completeness of the website or any content on it or the content of websites linked to the website and assumes no liability for any errors, inaccuracies or inaccuracies in content and materials, personal injury or property damage of any kind, any unauthorised access to or use of flatrate.design's secure servers and/or any personal information stored thereon and/or Financial information, any interruption or termination of transmission from or to the Site, any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by third parties and/or any errors or omissions in content and materials, or for any loss or damage of any kind arising as a result of the use of any content posted, transmitted, or otherwise made available through the Site. flatrate.design makes no warranty, endorsement, guarantee or responsibility for products or services that are advertised or offered by third parties either via the website, a linked website or a website or mobile application highlighted in any advertisement.
Our website contains links to external websites of third parties, over whose content we have no influence. For this reason, we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time the link was created. Illegal content was not discernible at the time of linking. However, permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement of the law. If we become aware of legal violations, we will immediately remove such links.
19. Limitation of liability and compensation
flatrate.design and its directors, employees, members, independent contractors or agents shall not be liable to the customer or third parties for any direct, indirect, consequential, incidental, special or punitive damages, including lost profits, lost revenue, lost data, legal fees, fines, losses or other damages arising out of the customer's use of the website. The customer agrees, flatrate.design and its affiliated subsidiaries companies and all respective Directors, members, agents, partners, employees, and independent contractors against any loss, damage, liability, claim, or claim, including reasonable attorneys' fees and expenses incurred by third parties due to or in connection with: (1) use of the Site; (2) violation of these terms of use; (3) any breach of Customer's representations and warranties as set forth herein; (4) Customer's infringement of third party rights, including but not limited to intellectual property rights by the customer, to defend, indemnify and hold harmless. Notwithstanding the foregoing, flatrate.design reserves the right, at the customer's expense, to take control and defense of any matter for which the customer must compensate flatrate.design under this agreement. The customer agrees to cooperate in defending such claims.
20. user data
The customer is solely responsible for all data that is transferred or that relates to an activity that the customer has engaged in using the website. flatrate.design is not liable to the customer for any loss or damage to such data, and the customer hereby waives any legal claim against flatrate.design due to such loss or damage.
User data is stored in the Privacy Policy regulated.
21. Electronic Communications, Transactions, and Signatures
The customer hereby agrees to receive electronic communications from flatrate.design and agrees that all contracts, notices, disclosures, and other communications sent by email, via the flatrate.design website or Trello.com meet all legal requirements that such communication must be in writing. The customer hereby agrees to the use of electronic signatures, contracts, orders and other records as well as the electronic delivery of messages, guidelines and records of transactions initiated or completed by flatrate.design or via the website. Customer hereby waives any rights or requirements under laws, regulations, rules, ordinances, or other laws in any jurisdiction that require original signature or delivery or storage of non-electronic records or payments or the granting of credit by any means other than electronic.
22. Presentation of design work
flatrate.design reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed. The customer reserves the right to conclude a confidentiality agreement (NDA) between himself and flatrate.design, which overrides the right of flatrate.design to publicly share or discuss the customer's work.
23. Miscellaneous
These terms of use and all policies published on the website or relating to the website represent the entire agreement and understanding between the customer and flatrate.design. A failure by flatrate.design to enforce any right or provision of these terms of use will not be considered a waiver of that right or provision. If any provision or part of these terms of use is determined to be illegal, void, or unenforceable, that provision will be severed from these terms of use but will not affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website should be interpreted as creating a joint venture, partnership, employment, or agency relationship between the customer and flatrate.design.
24. Contact information
If you have any questions or complaints regarding the website, please contact flatrate.design at: hello@flatrate.design.