Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Creative Digital BV, a private limited company (besloten vennootschap) incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 94498156, with its registered office in Amsterdam, the Netherlands ("Creative Digital," "Company," "we," "us," or "our").

By accessing or using the LetWorkFlow.io platform and any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable Data Processing Agreement ("DPA"). If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree with any provision of these Terms, you must not access or use the Service.

2. Definitions

The following definitions apply throughout these Terms:

• "Account" means the account created by the Customer to access and use the Service, including all associated data, configurations, and Authorized Users.
• "Authorized User" means any individual who is granted access to the Service by the Customer, including employees, contractors, and clients with portal access.
• "Client Data" means any data relating to the Customer's own clients that is entered into, uploaded to, or generated through the Service, including client names, contact information, project details, and financial records.
• "Confidential Information" means any non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
• "Customer Data" means all data, content, and information that the Customer or its Authorized Users submit, upload, or transmit to or through the Service, including Client Data, User Content, financial records, project data, and documents.
• "DPA" means the Data Processing Agreement governing the processing of Personal Data, available upon request at legal@letworkflow.io.
• "Effective Date" means the date on which the Customer first accesses or uses the Service or creates an Account, whichever occurs first.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, design rights, and any other intellectual property rights, whether registered or unregistered, anywhere in the world.
• "Personal Data" has the meaning given to it under the General Data Protection Regulation (EU) 2016/679 ("GDPR") and includes any information relating to an identified or identifiable natural person.
• "Service" means the LetWorkFlow.io cloud-based work management platform, including all features, functionality, APIs, integrations, updates, and related documentation provided by Creative Digital.
• "Subscription" means the Customer's right to access and use the Service during the Subscription Term pursuant to the selected Subscription Plan.
• "Subscription Plan" means the specific tier of Service selected by the Customer (Starter, Growth, Scale, or Enterprise), as described on the pricing page and in Section 5 of these Terms.
• "Subscription Term" means the period during which the Customer has an active Subscription, whether monthly, annual, or as otherwise agreed.

3. Description of Service

LetWorkFlow.io is a cloud-based work management platform designed for service-based businesses, including agencies, consultancies, and professional service firms. The Service provides tools for managing the operational and financial aspects of service delivery.

3.1 Core Features

Subject to the applicable Subscription Plan, the Service may include the following features:

• Project and Work Management: Hierarchical project organization (projects, jobs, activities, tasks), status tracking, timelines, and deliverable management.
• Client Management: Client profiles, relationship tracking, client health monitoring, and a dedicated client portal for external stakeholders.
• Financial Tracking: Revenue tracking, expense management, cost aggregation, profit margin analysis, budgeting, and invoicing capabilities.
• Team and Resource Management: Team member profiles, role-based access control, workload allocation, weekly scheduling, and resource utilization tracking.
• Analytics and Reporting: Customizable dashboards, performance metrics, financial reports, utilization analytics, and business intelligence features.
• Document Management: File upload, storage, sharing, version tracking, and role-based access control for project documents.
• Collaboration: Comments, notifications, activity feeds, and real-time updates across projects and teams.
• Team Wellbeing: Optional wellbeing check-ins and team health monitoring tools.

3.2 Service Modifications

Creative Digital reserves the right to modify, enhance, or update the Service at any time. We will use commercially reasonable efforts to notify Customers of material changes that adversely affect existing functionality. New features or enhancements may be subject to additional terms or fees.

4. Account Registration and Security

4.1 Eligibility

To use the Service, you must be at least sixteen (16) years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you must have the authority to bind that organization to these Terms.

4.2 Account Creation

To access the Service, you must create an Account by providing accurate, current, and complete registration information. You agree to:

• Provide truthful, accurate, and complete information during registration and at all times thereafter;
• Maintain and promptly update your Account information to keep it accurate and complete;
• Maintain the confidentiality and security of your Account credentials, including your password;
• Not share your Account credentials with any unauthorized third party;
• Immediately notify Creative Digital at security@letworkflow.io of any unauthorized access to or use of your Account;
• Accept full responsibility for all activities that occur under your Account.

4.3 Multi-User Accounts

If your Subscription Plan permits multiple Authorized Users, the Account administrator is responsible for managing user access, assigning appropriate roles and permissions, and ensuring all Authorized Users comply with these Terms. Each Authorized User must have a unique login; credential sharing between individuals is prohibited.

4.4 Account Security

Creative Digital implements industry-standard security measures to protect your Account. However, you are solely responsible for maintaining the security of your login credentials. Creative Digital shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account credentials.

5. Subscription Plans and Fees

5.1 Subscription Plans

The Service is offered under the following Subscription Plans, each with defined features, user limits, and pricing:

• Starter: €199 per month or €1,999 per year. Includes one (1) member account plus five (5) team member seats. Additional users: €20 per user per month.
• Growth: €399 per month or €3,999 per year. Includes one (1) member account plus twenty-five (25) team member seats. Additional users: €15 per user per month.
• Scale: €699 per month or €6,999 per year. Includes one (1) member account plus sixty (60) team member seats. Additional users: €10 per user per month.
• Enterprise: Custom pricing with unlimited team members. Contact us for details.

All prices are stated in euros (EUR) and are exclusive of applicable taxes (including VAT) unless otherwise indicated. Annual billing provides a discount equivalent to two (2) months of the monthly subscription fee.

5.2 Price Changes

Creative Digital may adjust Subscription fees from time to time. We will provide at least thirty (30) days' prior written notice of any price increase. Price changes for monthly Subscriptions take effect at the start of the next billing cycle following the notice period. Price changes for annual Subscriptions take effect at the start of the next renewal term. If you do not agree to a price change, you may cancel your Subscription before the new pricing takes effect.

6. Free Trial

Creative Digital may offer a free trial period of fourteen (14) days for new Customers ("Free Trial"). During the Free Trial:

• You will have access to the full features of the selected Subscription Plan;
• No payment information is required to begin the Free Trial;
• The Free Trial will automatically expire at the end of the fourteen-day period unless you subscribe to a paid Subscription Plan;
• Creative Digital reserves the right to modify, limit, or discontinue the Free Trial at any time without prior notice;
• The Service is provided during the Free Trial "as is" and all disclaimers and limitations of liability in these Terms apply.

At the end of the Free Trial, if you do not subscribe to a paid Subscription Plan, your access to the Service will be suspended. Your data will be retained for thirty (30) days following the end of the Free Trial, after which it may be permanently deleted.

7. Payment and Billing

7.1 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe, Inc. ("Stripe"). By providing payment information, you agree to Stripe's Terms of Service and Privacy Policy. Creative Digital does not store your full credit card number, CVV, or other sensitive payment card information on our servers.

7.2 Billing Cycles

Subscription fees are billed in advance on a recurring basis according to your selected billing cycle (monthly or annually). Your billing cycle begins on the date you subscribe to a paid Subscription Plan and recurs on the same date each month or year, as applicable.

7.3 Payment Methods

We accept major credit and debit cards (Visa, MasterCard, American Express). Invoicing may be available for annual Subscriptions on the Scale and Enterprise plans. You authorize Creative Digital (through Stripe) to charge your designated payment method for all applicable fees.

7.4 Failed Payments

If a payment fails, we will attempt to process the payment using the payment method on file. We will notify you of the failed payment and provide a reasonable grace period to update your payment information. If payment is not received within fourteen (14) days of the original due date, we may suspend your access to the Service until payment is received.

7.5 Taxes

All fees are exclusive of applicable taxes, levies, and duties, including value-added tax (VAT). You are responsible for paying all taxes associated with your Subscription, except for taxes based on Creative Digital's net income. If Creative Digital is required to collect or remit taxes on your behalf, such taxes will be added to your invoice. Customers with a valid EU VAT identification number may be eligible for the reverse charge mechanism where applicable.

8. Cancellation and Refunds

8.1 Cancellation by Customer

You may cancel your Subscription at any time through your Account settings or by contacting us at billing@letworkflow.io. In accordance with applicable European Union legislation, including the EU Data Act (Regulation (EU) 2023/2854):

• Cancellation requires no more than two (2) months' prior notice before the end of the current billing period;
• Automatic renewal clauses do not prevent you from terminating the agreement in accordance with this Section;
• Upon cancellation, your Subscription will remain active until the end of the current paid billing period;
• You will not be charged for subsequent billing periods after cancellation takes effect.

8.2 Refunds

Monthly Subscriptions are non-refundable, and no partial refunds will be issued for unused portions of a monthly billing period. For annual Subscriptions cancelled before the end of the annual term, Creative Digital will issue a pro-rated refund for the remaining full months of the Subscription, calculated from the effective cancellation date. This refund policy does not affect your statutory rights under applicable law, including any cooling-off period that may apply under the Dutch Civil Code or EU consumer protection legislation.

8.3 Downgrade

You may downgrade your Subscription Plan at any time. Downgrades take effect at the start of the next billing cycle. If the downgraded plan has a lower user limit than the number of active Authorized Users on your Account, you must reduce the number of Authorized Users before the downgrade takes effect.

9. Acceptable Use Policy

You agree to use the Service only for its intended purpose and in compliance with all applicable laws, regulations, and these Terms. You shall not, and shall not permit any Authorized User or third party to:

• Use the Service in violation of any applicable local, national, or international law or regulation, including data protection, privacy, and anti-spam legislation;
• Upload, transmit, or store any content that is unlawful, defamatory, fraudulent, obscene, or otherwise objectionable;
• Infringe upon the Intellectual Property Rights or other proprietary rights of any third party;
• Transmit any viruses, malware, worms, Trojan horses, or other harmful or destructive code;
• Attempt to gain unauthorized access to the Service, other Accounts, computer systems, or networks connected to the Service;
• Interfere with, disrupt, or create an undue burden on the Service or the networks and infrastructure connected to the Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law;
• Use any automated means, including bots, crawlers, or scrapers, to access the Service without prior written authorization from Creative Digital;
• Resell, sublicense, redistribute, or make the Service available to any third party other than Authorized Users, unless expressly authorized under your Subscription Plan;
• Use the Service to store or transmit any data in violation of applicable data protection laws, including the GDPR;
• Circumvent or disable any security, authentication, or access control features of the Service;
• Use the Service to send unsolicited communications (spam) or for any form of unauthorized advertising;
• Use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

Creative Digital reserves the right to investigate and take appropriate action against any violation of this Section, including suspending or terminating your access to the Service and reporting violations to law enforcement authorities.

10. Intellectual Property

10.1 Company Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, icons, images, and the arrangement thereof, is owned by Creative Digital BV and is protected by international copyright, trademark, patent, trade secret, and other Intellectual Property Rights. These Terms do not grant you any right, title, or interest in or to the Service, except for the limited right to use the Service as expressly set forth herein.

10.2 Trademarks

"LetWorkFlow," "LetWorkFlow.io," and the LetWorkFlow logo are trademarks of Creative Digital BV. You may not use these trademarks without the prior written consent of Creative Digital, except as reasonably necessary to refer to our Service in a factual and non-misleading manner.

10.3 Feedback

If you provide Creative Digital with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Creative Digital a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose, without any obligation of compensation or attribution to you.

11. Customer Data and Content

11.1 Ownership

You retain all right, title, and interest in and to your Customer Data. Nothing in these Terms transfers ownership of your Customer Data to Creative Digital. As between you and Creative Digital, all Customer Data is and shall remain your sole and exclusive property.

11.2 License Grant

By submitting Customer Data to the Service, you grant Creative Digital a limited, non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, modify, display, and transmit your Customer Data solely as necessary to: (a) provide, maintain, and improve the Service; (b) comply with your instructions and these Terms; and (c) comply with applicable law. This license terminates when you delete your Customer Data or when your Account is terminated, subject to any applicable data retention obligations.

11.3 Customer Responsibilities

You are solely responsible for:

• The accuracy, quality, integrity, and legality of your Customer Data;
• The means by which you acquire Customer Data, including obtaining all necessary consents and authorizations;
• Ensuring that your use of the Service and your Customer Data does not violate any applicable law or third-party rights;
• Maintaining appropriate backups of your Customer Data where practicable.

11.4 Aggregate and Anonymized Data

Creative Digital may collect, use, and disclose aggregate or anonymized data derived from your use of the Service for purposes such as product improvement, benchmarking, and analytics, provided that such data does not identify you, your Authorized Users, or your clients. This aggregated data will not be considered Customer Data or Confidential Information.

12. Data Processing and GDPR Compliance

12.1 Roles and Responsibilities

For the purposes of the GDPR and other applicable data protection legislation:

• Where you use the Service to process Personal Data of your clients, employees, or other individuals, you are the Data Controller and Creative Digital is the Data Processor, acting on your instructions;
• Where Creative Digital collects and processes your Personal Data (e.g., your account registration information, billing data) for our own purposes, Creative Digital is the Data Controller.

12.2 Data Processing Agreement

Where Creative Digital processes Personal Data on your behalf as a Data Processor, the terms of our Data Processing Agreement (DPA) shall apply in addition to these Terms. The DPA sets out the scope, nature, and purpose of processing, the types of Personal Data processed, and the rights and obligations of both parties. You may request a copy of the DPA by contacting legal@letworkflow.io.

12.3 Data Subject Requests

Creative Digital will provide reasonable assistance to you in responding to data subject requests (including access, rectification, erasure, restriction, portability, and objection requests) to the extent that such requests relate to Personal Data processed through the Service. Creative Digital provides tools within the Service to facilitate data export and deletion requests.

12.4 Security Measures

Creative Digital implements and maintains appropriate technical and organizational security measures in accordance with industry standards, including SOC 2 Type II compliance. These measures are designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. Details of our security practices are available upon request.

12.5 Sub-Processors

Creative Digital engages certain third-party sub-processors to assist in providing the Service. A current list of sub-processors is maintained and available upon request. Creative Digital will notify you of any intended changes to sub-processors, and you may object to such changes in accordance with the DPA.

13. Confidentiality

13.1 Obligations

Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, and advisors who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those set forth herein; and (c) use Confidential Information solely for the purposes of performing obligations or exercising rights under these Terms.

13.2 Exceptions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without obligation of confidentiality; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is rightfully received from a third party without obligation of confidentiality. A party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the disclosing party is given prompt written notice (to the extent legally permitted) and reasonable assistance to contest or limit such disclosure.

13.3 Return or Destruction

Upon termination of these Terms or upon written request, each party shall promptly return or destroy all Confidential Information of the other party in its possession, except as required by applicable law or regulation, or where retention is necessary for legitimate business purposes (e.g., compliance with legal obligations or backup retention policies).

14. Third-Party Services

The Service integrates with or relies upon certain third-party services to deliver its functionality. By using the Service, you acknowledge and agree that:

• Stripe, Inc.: Provides payment processing, subscription management, and invoicing services. Your use of Stripe is subject to Stripe's own terms of service and privacy policy.
• Google Cloud Platform / Firebase: Provides cloud infrastructure, database hosting (Firestore), file storage, authentication services, and serverless computing (Cloud Functions). Data is hosted in the European Union (europe-west1 region).
• Google Analytics: Provides website and usage analytics, subject to your consent preferences. See our Privacy Policy for details.

Creative Digital is not responsible for the availability, security, or performance of third-party services. We will use commercially reasonable efforts to select and maintain reliable third-party service providers. In the event of a material change to a third-party service that adversely affects the Service, Creative Digital will use commercially reasonable efforts to mitigate the impact or provide alternative solutions.

15. Service Availability and Support

15.1 Availability

Creative Digital will use commercially reasonable efforts to maintain the availability of the Service. However, the Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or circumstances beyond our reasonable control. We will endeavor to provide advance notice of scheduled maintenance when practicable.

15.2 Support

Creative Digital provides customer support as described in the applicable Subscription Plan. Support is available via email at support@letworkflow.io. Response times and support levels vary by Subscription Plan, as described on our pricing page.

15.3 Service Level Agreement

Enterprise customers may be eligible for a separate Service Level Agreement (SLA) with defined uptime commitments and service credits. Contact us at sales@letworkflow.io for details.

16. Suspension and Termination

16.1 Suspension by Creative Digital

Creative Digital may suspend your access to the Service, in whole or in part, immediately and without prior notice if:

• You breach any material provision of these Terms, including the Acceptable Use Policy;
• Your Account is overdue for payment for more than fourteen (14) days;
• Your use of the Service poses a security risk to the Service or any third party;
• Your use of the Service may subject Creative Digital, our affiliates, or any third party to liability;
• Suspension is required by law, regulation, or a government order.

Where practicable, Creative Digital will provide notice prior to or promptly following suspension and will use reasonable efforts to limit the scope and duration of the suspension. Suspension does not relieve you of your payment obligations during the suspension period.

16.2 Termination by Customer

You may terminate these Terms and your Subscription at any time by following the cancellation procedures in Section 8. Termination is effective at the end of the current billing period.

16.3 Termination by Creative Digital

Creative Digital may terminate these Terms and your Account: (a) upon thirty (30) days' written notice for any reason or no reason; (b) immediately upon written notice if you materially breach these Terms and fail to cure such breach within fifteen (15) days of receiving written notice; or (c) immediately if you become subject to bankruptcy, insolvency, receivership, or similar proceedings.

16.4 Effects of Termination

Upon termination:

• Your right to access and use the Service will cease immediately (or at the end of the current billing period, as applicable);
• You will have thirty (30) days from the effective date of termination to export your Customer Data using the Service's data export functionality;
• After the thirty (30) day data retrieval period, Creative Digital may permanently delete your Customer Data from our systems, except where retention is required by applicable law;
• Sections that by their nature should survive termination (including Sections 10, 11, 13, 18, 19, 20, 21, 23, and 25) shall survive termination of these Terms.

17. Data Export and Portability

In accordance with the GDPR and the EU Data Act, Creative Digital provides you with the ability to export your Customer Data from the Service:

• Data export functionality is available within the Service at any time during your active Subscription;
• Customer Data will be made available in a structured, commonly used, and machine-readable format;
• Upon termination or cancellation of your Subscription, you will have thirty (30) days to export your Customer Data;
• Creative Digital will not impose unreasonable barriers, fees, or delays on data export requests;
• Creative Digital will provide reasonable assistance for data migration upon request, which may be subject to additional fees for Enterprise customers.

To request a data export or for assistance with data portability, contact support@letworkflow.io.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING DUTCH LAW:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CREATIVE DIGITAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CREATIVE DIGITAL DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Nothing in this Section excludes or limits warranties that cannot be excluded or limited under applicable mandatory law, including the provisions of Book 7 of the Dutch Civil Code relating to the supply of digital content and digital services.

19. Limitation of Liability

19.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATIVE DIGITAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CREATIVE DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 Aggregate Liability Cap

CREATIVE DIGITAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CREATIVE DIGITAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE TRIAL USERS WHO HAVE NOT PAID ANY FEES, CREATIVE DIGITAL'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED EUROS (€100).

19.3 Mandatory Law Exceptions

Nothing in these Terms shall exclude or limit Creative Digital's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct (opzet) or gross negligence (grove schuld) as defined under Dutch law; or (d) any other liability that cannot be excluded or limited under applicable mandatory law.

19.4 Time Limitation on Claims

Any claim arising under or relating to these Terms must be brought within twelve (12) months after the cause of action arises, unless a longer period is required by applicable mandatory law. This provision does not affect statutes of limitations that cannot be contractually shortened under Dutch law.

20. Indemnification

20.1 Indemnification by Customer

You agree to defend, indemnify, and hold harmless Creative Digital BV and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service in violation of these Terms;
• Your Customer Data or any allegation that your Customer Data infringes the rights of a third party;
• Your violation of any applicable law or regulation;
• Your negligence, willful misconduct, or breach of your obligations under these Terms;
• Any dispute between you and your Authorized Users or between you and your clients.

Creative Digital will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation in the defense of such claim at your expense. Creative Digital reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.

20.2 Indemnification by Creative Digital

Creative Digital will defend, indemnify, and hold harmless you and your directors, officers, and employees from and against any third-party claim that the Service, as provided by Creative Digital and used in accordance with these Terms, infringes any third-party intellectual property right enforceable in the Netherlands or the European Union. This obligation does not apply to the extent the claim arises from: (a) your modifications to the Service; (b) your combination of the Service with products, services, or data not provided by Creative Digital; (c) your use of the Service in violation of these Terms; or (d) your continued use of a version of the Service after Creative Digital has provided a non-infringing replacement. Creative Digital's sole obligation under this section is, at its option: (i) to modify the Service so that it is no longer infringing; (ii) to replace the Service with a non-infringing equivalent; or (iii) if neither (i) nor (ii) is commercially feasible, to terminate the affected Subscription and refund any prepaid fees for the unused portion of the then-current term.

21. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, civil unrest, government actions or sanctions, embargoes, labor disputes, failures of third-party telecommunications or power supply, cyberattacks, or failures of internet service providers ("Force Majeure Event").

The affected party shall promptly notify the other party of the Force Majeure Event and use commercially reasonable efforts to mitigate its impact. If a Force Majeure Event continues for more than ninety (90) consecutive days, either party may terminate these Terms upon thirty (30) days' written notice without liability, except for fees accrued prior to the termination date.

22. International Use and Data Transfers

22.1 Global Availability

The Service is offered globally from the Netherlands. Creative Digital makes no representation that the Service is appropriate or available for use in all jurisdictions. You are responsible for compliance with all local laws and regulations applicable to your use of the Service in your jurisdiction.

22.2 International Data Transfers

Your Customer Data is primarily hosted within the European Economic Area (EEA). In certain cases, data may be transferred to or accessed from countries outside the EEA in connection with the provision of the Service (for example, when using sub-processors located outside the EEA). Where such transfers occur, Creative Digital ensures that appropriate safeguards are in place in accordance with Chapter V of the GDPR, including:

• Transfers to countries that have received an adequacy decision from the European Commission;
• The EU-U.S. Data Privacy Framework for transfers to certified US-based sub-processors (e.g., Google, Stripe);
• Standard Contractual Clauses (SCCs) approved by the European Commission;
• Other legally recognized transfer mechanisms as applicable.

22.3 Export Controls

The Service may be subject to export control and sanctions laws of the Netherlands, the European Union, and other applicable jurisdictions. You agree not to use, export, re-export, or transfer the Service in violation of any applicable export control or sanctions laws.

23. Governing Law and Jurisdiction

23.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

23.2 Jurisdiction

Subject to Section 24 (Dispute Resolution), the courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these Terms.

23.3 Consumer Rights

If you are a consumer within the meaning of EU consumer protection legislation, nothing in this Section shall affect your right to bring proceedings in the courts of the EU member state in which you are domiciled, or any mandatory consumer protection provisions of the laws of your country of residence that cannot be waived by agreement.

24. Dispute Resolution

24.1 Good Faith Negotiation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties shall first attempt to resolve the dispute through good faith negotiation. Either party may initiate negotiation by sending written notice to the other party describing the dispute in reasonable detail. The parties shall engage in good faith negotiations for a period of at least thirty (30) days from the date of such notice.

24.2 Mediation

If the dispute is not resolved through negotiation, either party may submit the dispute to mediation administered by the Netherlands Arbitration Institute (NAI) or the Netherlands Mediation Institute (NMI) in accordance with their applicable mediation rules. The mediation shall take place in Amsterdam, the Netherlands, unless the parties agree otherwise.

24.3 Litigation

If the dispute is not resolved through mediation within sixty (60) days of the mediation request (or such longer period as the parties may agree), either party may submit the dispute to the competent courts of Amsterdam, the Netherlands, in accordance with Section 23.2.

24.4 Injunctive Relief

Nothing in this Section shall prevent either party from seeking injunctive relief or other equitable remedies from any court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

25. Changes to Terms

Creative Digital reserves the right to modify these Terms at any time. We will handle changes as follows:

• Material Changes: For material changes that adversely affect your rights or obligations, we will provide at least thirty (30) days' prior written notice via email to the address associated with your Account and by posting the updated Terms on this page. Material changes include changes to pricing, liability limitations, data processing, or governing law.
• Non-Material Changes: For non-material changes (e.g., formatting, clarifications, or corrections that do not alter the substance of the Terms), we will update the Terms on this page and update the "Last updated" date.
• Continued Use: Your continued use of the Service after the effective date of any change constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your Subscription before the changes take effect.

26. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not invalidate that provision in any other jurisdiction.

27. Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right shall preclude any other or further exercise of that right or any other right. Any waiver must be in writing and signed by the waiving party to be effective.

28. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Creative Digital. Creative Digital may assign these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms. Any purported assignment in violation of this Section shall be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties' successors and permitted assigns.

29. Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement (where applicable), and any applicable order forms or Subscription confirmations, constitute the entire agreement between you and Creative Digital BV with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, agreements, and understandings, whether written or oral, relating to such subject matter. In the event of any conflict between these Terms and any other agreement between the parties, these Terms shall prevail unless the other agreement expressly states that it overrides specific provisions of these Terms.

30. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by registered or certified mail, return receipt requested, postage prepaid. Notices to Creative Digital shall be sent to:

Creative Digital BV
Attn: Legal Department
Amsterdam, the Netherlands
KvK: 94498156
Email: legal@letworkflow.io

Notices to you will be sent to the email address associated with your Account. It is your responsibility to keep your email address current.

31. Contact Us

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

Creative Digital BV
Amsterdam, the Netherlands
Chamber of Commerce (KvK): 94498156

• General Legal: legal@letworkflow.io
• Billing: billing@letworkflow.io
• Support: support@letworkflow.io
• Security: security@letworkflow.io
• Data Protection: privacy@letworkflow.io