Terms and Conditions

§ 1 Scope and Provider

(1) These General Terms and Conditions (“Terms”) apply to all contracts between Panthera Media GmbH, Kolonnenstraße 8, 10827 Berlin (Local Court Charlottenburg, HRB 222067 B; VAT ID DE335867478; Managing Director: Marc Wendland; phone: +49 30 76687955; email: info@panthera-media.de) – the “Provider”, “we” or “us” – and its customers regarding the use of the “FlowCoding” platform and the free and paid services offered there.

(2) A consumer is any natural person who enters into a transaction for purposes predominantly outside their trade or profession (§ 13 German Civil Code). An entrepreneur acts in the exercise of their trade or profession (§ 14 German Civil Code).

(3) The version of these Terms valid at the time of contract conclusion applies. Conflicting customer terms do not become part of the contract unless we expressly agree in writing.

§ 2 Definitions

Platform – the online tool at flow-coding.de for visualization-based estimation of software development projects.

Estimate – the result generated by a deterministic calculation model based on customer input.

Quick Estimate – the free baseline estimate (timeline, complexity and risk indicators, summary module overview).

Detailed Estimate – the paid detailed estimate with full cost breakdown, module detail, discipline allocation and explanations, provided as a digital product.

Multi-Estimate Bundle – a paid package of five (5) Detailed Estimate credits.

Credit – an entitlement to create one Detailed Estimate.

Enterprise – an individual offering arranged on request, not processed via the platform.

Fee Credit Guarantee – the crediting of paid fees pursuant to § 8.

§ 3 Subject Matter and Service Description

(1) The platform lets the customer create an automated estimate by selecting visually presented features and modules.

(2) Quick Estimate (free): After registration the customer receives a free baseline estimate. It is permanently free; there is no claim to permanent availability.

(3) Detailed Estimate (paid): Against payment of the displayed fee the customer receives a detailed estimate as a digital product within the meaning of §§ 327 et seq. German Civil Code, provided via unlock in the user account and/or as a downloadable document.

(4) Multi-Estimate Bundle (paid): Against payment the customer receives five (5) credits, each entitling them to one Detailed Estimate. § 7 applies.

(5) Enterprise: Enterprise services are not concluded via the platform but on the basis of a separate individual agreement. § 16 applies.

(6) All estimates are based solely on customer input and the assumptions in the calculation model. They are non-binding guidance values; § 10 applies.

(7) The Provider may continuously develop the platform and calculation model, provided this is reasonable for the customer and the agreed scope is not materially reduced.

§ 4 Registration and User Account

(1) Use of paid and certain free services requires a user account. Registration constitutes an offer to conclude a free account agreement, which the Provider accepts by activation.

(2) The customer provides the requested data truthfully and completely and keeps it up to date.

(3) Access credentials must be kept confidential. The customer notifies the Provider immediately of any indication of misuse.

(4) The free account agreement may be terminated by either party at any time without notice. Credits already purchased and valid, and ongoing paid contracts, remain unaffected.

§ 5 Conclusion of Contract

(1) The presentation of services on the platform is not a binding offer but an invitation to submit an offer.

(2) During checkout the customer selects the desired paid service and reaches the order summary showing all essential details (service, price incl. VAT). Input errors can be corrected before submitting.

(3) By clicking the button labelled “order with obligation to pay” the customer submits a binding offer (§ 312j(3) German Civil Code).

(4) The contract is concluded once the Provider confirms the order in text form or provides the service / begins its performance.

(5) The contract text is stored and sent to the customer with the text-form confirmation. The Terms can be retrieved and saved on the platform.

(6) The contract is concluded in German.

§ 6 Prices and Payment

(1) The prices displayed at the time of order apply. All prices are final prices including statutory VAT.

(2) Time-limited promotional prices (e.g. “Launch Offer”) apply only within the stated promotional period.

(3) Payment is processed via the payment service provider Stripe. The payment methods shown during checkout are available, in particular Visa, Mastercard and PayPal. The payment provider’s terms apply additionally.

(4) The fee is due for payment immediately upon conclusion of the contract.

(5) The customer receives an invoice in electronic form.

§ 7 Provision and Validity of Credits

(1) The Detailed Estimate is unlocked in the user account / made available immediately after successful receipt of payment.

(2) For the Multi-Estimate Bundle, five (5) credits are credited after receipt of payment. Each credit entitles to one Detailed Estimate. Credits are valid for twelve (12) months from the date of purchase. After expiry, unused credits lapse; a refund of unused credits is excluded unless mandatory statutory provisions require otherwise.

(3) The customer is responsible for saving provided digital products.

§ 8 Fee Credit Guarantee (Crediting on Project Placement)

(1) If, within six (6) months of purchasing a paid service, the customer commissions Panthera Media GmbH to implement the project that was the subject of the purchased estimate, we credit 100 % of the fees paid for that estimate against the agreed project fee.

(2) This requires the valid conclusion of a separate project contract. The crediting relates exclusively to the same project underlying the purchased estimate.

(3) The period runs from the purchase date of the respective service. After it expires there is no claim to crediting.

(4) The Fee Credit Guarantee grants only an offset against the project fee. A cash payout of the fees paid is excluded.

§ 9 Right of Withdrawal for Consumers

(1) Consumers have a statutory right of withdrawal in accordance with the withdrawal policy (see below).

(2) Early expiry (§ 356(5) German Civil Code): For digital content not supplied on a tangible medium (e.g. the Detailed Estimate), the right of withdrawal expires if the consumer has expressly consented to us beginning performance before the withdrawal period ends, has confirmed their knowledge that they thereby lose the right of withdrawal, and we have provided a confirmation pursuant to § 312f German Civil Code. The consumer gives this consent and confirmation during checkout by ticking the relevant box.

(3) Entrepreneurs have no right of withdrawal.

§ 10 Non-binding Nature of Estimates

(1) All estimates are non-binding, automatically generated guidance values based solely on customer input and the assumptions in the calculation model.

(2) The Provider does not warrant or guarantee that actual costs, effort or duration of a project will match the estimated values. Deviations are inherent.

(3) The estimates do not constitute legal, tax, financial or investment advice and replace neither an individual quote nor a professional project assessment.

(4) The customer is responsible for the accuracy and completeness of the data entered.

§ 11 Liability for Defects in Digital Products

(1) §§ 327 et seq. German Civil Code apply to the provision of digital products to consumers.

(2) The owed conformity relates to the proper, complete and retrievable provision of the digital product, not to the agreement of the estimated values with the project costs or times actually incurred later (§ 10).

(3) Towards entrepreneurs, the limitation period for defect claims is one (1) year from provision, unless mandatory statutory provisions require longer periods.

§ 12 Liability and Limitation of Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of a guarantee assumed.

(2) For simple negligence the Provider is liable only for breach of a material contractual obligation (cardinal obligation) whose fulfilment makes proper performance possible and on which the customer regularly relies. Liability is then limited to the foreseeable damage typical for the contract.

(3) Otherwise liability is excluded.

(4) In particular, the Provider is not liable for decisions or financial disadvantages the customer makes on the basis of the non-binding estimates (§ 10).

(5) The limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.

§ 13 Rights of Use

(1) The customer receives a simple, non-exclusive, non-transferable right to use the provided estimates for their own purposes. Transfer for a fee or making them publicly available is not permitted.

(2) All rights in the platform, software, calculation model, content and design remain with the Provider or the respective rights holders.

§ 14 Customer Obligations

(1) The customer provides the information required for the estimate to the best of their knowledge.

(2) The customer refrains from any misuse, in particular automated scraping, circumvention of technical protective measures, and acts that may impair the availability or integrity of the platform.

§ 15 Availability of the Platform

(1) The Provider endeavours to keep the platform available without interruption but does not owe any specific availability.

(2) Maintenance, disruptions or force majeure may lead to temporary restrictions.

§ 16 Enterprise Services

(1) Enterprise services are provided on individual request and on the basis of a separate agreement in text or written form.

(2) Where the Enterprise agreement deviates from these Terms, its provisions prevail.

§ 17 Data Protection

Information on the processing of personal data is set out in our privacy policy.

§ 18 Dispute Resolution

(1) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(2) The former European Online Dispute Resolution platform was discontinued on 20 July 2025.

§ 19 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this applies only insofar as the consumer is not deprived of protection granted by mandatory provisions of their state of residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office (Berlin).

(3) The Provider may amend these Terms with effect for the future where required for good cause and the customer is not unreasonably disadvantaged. Amended Terms are communicated in text form and are deemed approved if the customer does not object in text form within six (6) weeks of receipt; the significance of silence is pointed out separately. This does not apply to changes to the main performance obligations or the fee.

(4) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. Statutory provisions take the place of invalid provisions.