Terms of Use — Flying Research, Flying Upload and FLAI

Version: 4 October 2026. This version applies when it is validly incorporated into your agreement.

Provider: Bavaria2TM UG (haftungsbeschränkt), Rickering 2a, 94577 Winzer, Germany, represented by managing director Thomas Lösl; registered with Amtsgericht Deggendorf under HRB 5115; VAT identification number DE328647516; email info@flyingupload.com (“Flying”, “we”, “us”).

1. Scope and contractual parties

1.1 These Terms govern your access to and use of the Flying Research, Flying Upload and FLAI software, websites, account services, research tools, AI tools and related functionality we supply (together, the “Services”). The Services are designed for print-on-demand research, design, listing and uploading activities, including commercial and self-employed activities. The scope of your entitlement is determined by the product and plan description presented when you enter into the contract, your order confirmation and any individually agreed terms.

1.2 You are a “Business Customer” if you enter into the contract in the course of your trade, business or self-employed profession or on behalf of an entity acting in that capacity. This can include a sole trader, a person operating a side business or a person concluding a transaction to establish a concrete business. You are a “Consumer” if you are a natural person entering into the contract for purposes predominantly outside your trade, business or profession. Your status depends on the actual purpose and circumstances of the transaction. A product label, an intention to earn money or the absence of a company or VAT registration does not alone determine that status. The Business Customer provisions apply only where you legally qualify as a Business Customer.

1.3 Purchases are made through Paddle as authorised reseller and merchant of record. The Paddle entity identified during checkout is your contracting party for the purchase and payment transaction. The Paddle buyer terms disclosed at checkout govern that relationship. These Terms constitute the supplier agreement between you and Flying governing the licence and delivery and use of the Services. Paddle’s purchase terms do not replace our obligations under this supplier agreement. Neither agreement removes mandatory rights against the party responsible under applicable law.

1.4 The product and plan description presented for your order defines the purchased functions and limits. The supplier agreement is formed when you accept these Terms and we activate the relevant account or entitlement. The purchase contract is formed as described by Paddle at checkout. A free account does not create a right to paid features.

1.5 Individually agreed terms take precedence over these Terms. Your purchasing or other standard terms do not become part of our agreement merely because we do not object to them. They apply only where we expressly agree to them.

1.6 The Services are available only to persons aged 18 or over. You must have the legal capacity and authority required to enter into this agreement. A person accepting on behalf of a business must be authorised to bind it. The named purchaser is the licensee.

2. Account and licence

2.1 Subject to this agreement and the applicable entitlement, we grant the licensee a non-exclusive right to install and use the software and access the Services for its own permitted purposes. No ownership of our software, source code, research database, trademarks or other proprietary materials is transferred.

2.2 A licence is for one individual or one purchasing business. An individual licence may not be shared with other individuals. A business licence may be used by the purchaser’s own authorised management and employees solely for that business’s activities and under its control (“authorised personnel”). It does not cover independent contractors, agencies, separate companies, affiliated entities, customers or other independent businesses merely because they have a commercial relationship with the purchaser. Access by any such third party requires our separate agreement. Any seats, devices or concurrent-use limits expressly stated in the purchased plan also apply.

2.3 You must not sell, rent, sublicense, lend or share account credentials or licence keys with persons or businesses outside the permitted licensee and its authorised personnel. Agency, service-bureau, hosted-access and resale arrangements require our separate agreement. These restrictions concern access to the Services; they do not prohibit the permitted commercial use of your own designs and outputs under section 7.

2.4 Keep registration and contact information accurate. Protect your credentials and licence keys against unauthorised access and notify us promptly if they are compromised. You are responsible for ensuring that your authorised personnel comply with these Terms. Responsibility for unauthorised acts is determined by applicable law and is not imposed merely because an account was compromised without fault on your part.

2.5 You are responsible for providing the compatible device, supported operating environment, internet access and third-party accounts stated in the product requirements. Install updates required for security and proper operation when we make them available and provide the necessary information. Statutory rules governing updates and the consequences of failing to install them remain applicable.

3. Permitted use and restrictions

3.1 You may use the Services only lawfully, within the purchased entitlement and for their intended functions. In particular, you must not:

(a) circumvent authentication, licence controls, payment requirements, security measures or disclosed technical limits;

(b) use stolen accounts, payment instruments, marketplace credentials or other information you are not entitled to use;

(c) introduce malicious code, interfere with the Services, undertake unauthorised security testing or intentionally impose excessive load;

(d) use undisclosed interfaces, bots or extraction tools to harvest our research database, or systematically reproduce it or substantial parts of it outside the export functions and licence granted by us;

(e) redistribute or sell our software, research database or other proprietary materials, or provide third parties with substitute access to them;

(f) submit, generate or distribute unlawful material or material infringing intellectual property, privacy, personality or other third-party rights; or

(g) evade a lawful suspension, fabricate entitlements or abuse promotional offers or refunds.

3.2 You must not modify, reverse engineer or decompile our software, except where a statutory right permits this despite a contractual restriction. Rights concerning necessary backup copies, observation, study, testing and interoperability under applicable mandatory software law are unaffected. Open-source components, if supplied, remain subject to their applicable licence terms.

3.3 Research access permits using the information for your own research and purchasing decisions, including the exports expressly provided for that purpose. It does not grant rights in third-party designs, photographs, listings, trademarks or marketplace content. This section does not restrict your ability to export and use your own uploaded content, generated outputs or listing material in accordance with section 7.

3.4 Non-public licence keys, credentials and information identified as confidential, or recognisably confidential from its nature, must be protected against unauthorised disclosure. This does not restrict disclosure required by law, communications with professional advisers under duties of confidentiality, protected reporting or the exercise of legal rights. Publicly available information and information lawfully obtained independently are not confidential under this section.

4. Subscriptions, prices and changes of plan

4.1 The available initial subscription terms are one month and one year. Monthly plans are billed monthly; annual plans are billed annually in advance, with the full annual token allocation credited on renewal. The selected term, price, included features and token allocation are disclosed before purchase. Annual billing does not override the Consumer continuation and termination rule in section 4.3. Payment is handled by Paddle. The applicable currency, taxes, total amount and billing schedule are stated at checkout and in the purchase confirmation. Business Customers must provide accurate business and tax information when claiming a tax treatment for which they qualify.

4.2 Business Customers. Unless cancelled before the end of the current term, the subscription renews for another term of the same length at the agreed subscription price. You may submit cancellation at any time before renewal; it takes effect at the end of the current paid term. Flying does not provide a goodwill refund for forgetting to cancel, stopping use, unused tokens or cancellation after a valid renewal. This applies to both monthly and annual business subscriptions. Mandatory legal rights, applicable Paddle purchase obligations and Annex A, where applicable, remain unaffected.

4.3 Consumers. The initial term is the selected month or year. You may cancel at any time before its expiry with effect from the end of that initial term. If not cancelled, the subscription continues for an indefinite period. During that continuation you may cancel at any time with one month’s notice, or at an earlier date offered by the applicable cancellation process. A recurring annual invoice does not create a new minimum commitment of one year. Any advance payment attributable to a period after the lawful effective cancellation date must be returned by the party responsible for the payment in accordance with applicable law.

4.4 The primary cancellation method is through your Flying account: log in at flyingresearch.net, open Settings in the top-right corner, select Subscriptions, and click the Cancel button for the subscription you want to cancel. You may also cancel through the Paddle buyer portal linked in your purchase confirmation, through Paddle buyer support, or by sending an unequivocal cancellation declaration to info@flyingupload.com. For cancellation by email, include the account email and, if available, the subscription or order identifier. When you cancel through Flying, we coordinate the corresponding Paddle billing change and confirm the effective date; you do not need to submit the same cancellation separately to Paddle. The date we receive a sufficiently identifiable cancellation determines its timeliness through this route. We also coordinate our service entitlement with a cancellation received through Paddle. Statutory cancellation facilities and other legally valid methods remain available. Merely uninstalling software, stopping use or cancelling a payment method does not, by itself, constitute subscription cancellation.

4.5 The recurring base subscription price agreed for an uninterrupted subscription remains unchanged while that subscription continues on the same plan. Taxes imposed by law and any currency conversion charges imposed independently by your payment provider are separate from that base price. A new subscription after termination, or an expressly agreed plan change, is subject to the price agreed for that transaction.

4.6 Upgrades and downgrades are available only on request and subject to agreement. Their effective date, price, credits or additional charges and revised entitlements will be communicated for acceptance before implementation. There is no automatic right to retrospective prorating or a mid-term plan change.

4.7 Payment obligations and failed collection. You must keep payment details accurate and up to date and ensure that payments lawfully due can be made through the agreed payment method, including maintaining sufficient funds or available credit. Removing or disabling a payment method, revoking a payment authorisation, insufficient funds, an expired card or a failed collection does not, by itself, cancel the subscription or discharge a payment obligation. You must arrange payment of amounts lawfully due through the payment routes provided by Paddle. A validly renewed annual Business Customer subscription remains subject to its agreed annual advance-payment obligation; a failed collection does not convert it into a monthly plan. Payment retries remain subject to a valid payment authorisation and applicable payment rules.

4.8 Unpaid entitlements and suspension. Unless a different payment term has been agreed, activation of a new paid entitlement and release of tokens for an unpaid purchase or renewal may be withheld until the corresponding payment is confirmed. For existing access, after notice identifying the overdue payment and a reasonable opportunity to remedy it, we may proportionately suspend the affected paid functions and use of token allocations attributable to that unpaid transaction. An insignificant shortfall does not justify a disproportionate restriction. Earlier action remains possible where legally justified, including a substantiated fraud or security risk. Unrelated paid token allocations are not forfeited because another transaction is unpaid. Mandatory content-retrieval and preservation rights remain unaffected. If the agreement remains in force, we restore affected access without undue delay after the relevant arrears are resolved and any separate lawful ground for restriction has ended.

4.9 Effect of suspension. A lawful suspension caused by your payment default does not, by itself, cancel the agreement, extend the subscription term, create a refund entitlement or waive amounts lawfully payable. Charges during a suspension remain subject to the applicable agreement and law. We do not continue accruing charges after the effective end of the contract merely because the account remains recorded as unpaid. A good-faith payment dispute or the exercise of a statutory remedy is not, by itself, abuse; a lawful right to withhold payment remains available.

4.10 Creditor, interest and recovery costs. For purchases through Paddle, the purchase price is owed to the Paddle entity identified in the transaction. Outstanding amounts may be pursued by the entitled creditor or its lawfully authorised representatives, including qualified collection providers, together with statutory default interest and necessary recovery costs to the extent recoverable under the law governing the claim. This can include legally compensable bank-return, collection and legal costs caused by culpable nonpayment. Where German law governs the claim and its conditions are met, section 288 BGB also permits the entitled creditor to claim the statutory EUR 40 default compensation from a non-consumer debtor, with the required credit against overlapping recovery costs. It is not charged again merely for another reminder or payment retry. Flying may pursue a Paddle purchase-price claim only following a valid assignment or with lawful collection authority. These Terms do not create a duplicate purchase-price debt to Flying, revive a claim that has been validly cancelled or waived, or permit double recovery.

4.11 Persistent nonpayment. Continued material nonpayment may justify termination for cause under the applicable law, after any required warning or reasonable cure opportunity. A payment demand may identify that consequence. Termination does not waive accrued valid claims or legally recoverable damages. A claim for loss following early termination must satisfy the applicable legal requirements, including credit for saved expenditure and other required mitigation; termination does not automatically make every remaining future gross charge payable as a penalty. The effect of any cancellation or adjustment by Paddle on its purchase-price claim is governed by the applicable purchase agreement and law.

5. Withdrawal and refunds

5.1 Flying offers no additional voluntary money-back guarantee under these Terms. Cancellation of future renewals, statutory withdrawal and remedies for defective or undelivered services are different matters. The separate Cancellation, Withdrawal and Refund Policy explains the applicable procedures.

5.2 Business Customers do not receive a contractual right to withdraw or return a purchase merely because they have changed their mind. Consumers retain any statutory withdrawal rights applicable to their transaction. Existing contractual guarantees or promises applicable to an earlier purchase are not retrospectively removed by this clause.

5.3 Starting to use the Services or spending tokens does not, by itself, eliminate a statutory withdrawal right. Any permitted early-performance request or consent concerning digital content must satisfy the applicable legal requirements and be obtained separately where required. Statutory compensation for early performance may be charged only where its legal conditions are satisfied.

5.4 A renewal does not, merely because it is a renewal, establish a new voluntary refund entitlement from Flying. This does not exclude a statutory right to withdraw or terminate where one arises, refunds of advance payments due following effective termination, statutory defect remedies, or any applicable obligation of Paddle as seller. Billing refunds are normally processed through Paddle and the original payment route in accordance with the applicable legal requirements.

5.5 If an effective early termination creates a legal obligation to return an advance payment for the unprovided part of a subscription period, the combined subscription fee is apportioned by time: the amount actually paid for that period, after discounts, is multiplied by the portion of the prepaid period falling after the effective termination date. The same time units are used for the numerator and denominator; the monetary result is rounded to the currency’s smallest unit. A package sold at one combined price is not retrospectively divided into separately priced token, storage or software components. A different or greater refund required by law takes precedence, including refunds for earlier periods of defective performance. This calculation does not itself create an early-termination or refund right where none exists.

5.6 Statutory withdrawal is settled under the applicable withdrawal rules, not automatically under section 5.5. Any legally payable compensation for services supplied before withdrawal is calculated using the agreed total price and the statutory requirements. A refund owed by law is not replaced with account credit without the agreement required by law. We coordinate refunds and corresponding access adjustments with Paddle, without charging a Flying refund-processing fee.

5.7 Token use and refunds. Once any included tokens have been used for a successfully completed action, Flying provides no voluntary refund of the associated subscription payment. This does not create a voluntary refund entitlement before token use. Statutory withdrawal, remedies for defective or undelivered services, other mandatory refund rights and rights under the applicable Paddle purchase agreement remain unaffected. Where applicable law permits compensation for services already supplied, the legally entitled party may retain or recover that compensation only if the required information and consent conditions have been met, using the agreed combined subscription price and the applicable statutory calculation. Spent tokens are not retrospectively priced as separate retail purchases. This provision does not alter the refund calculation or allocation adjustments in sections 5.5 and 6.7, and does not permit double recovery.

5.8 Claims arising from substantiated fraud or other unlawful conduct remain available under applicable law. Token use followed by a refund request does not, by itself, establish such conduct. Any withholding, deduction or set-off must be legally permitted and comply with mandatory refund deadlines.

6. Tokens and metered functionality

6.1 Tokens are account-bound units that may be applied to eligible functions. They are not a currency or general payment instrument, cannot be transferred or sold, bear no interest and have no voluntary cash-redemption right. Statutory monetary claims are unaffected.

6.2 Monthly subscription tokens are allocated monthly. Annual subscription tokens are allocated for the annual period. The quantity included with the selected plan is disclosed before purchase. Release of paid allocations is subject to section 4.8 where the corresponding payment has not been made. Separately purchased and promotional allocations must be identified as such in the account.

6.3 Each token allocation is valid for 12 months from the date it is credited to your account. This validity applies to separately purchased tokens, subscription allocations and promotional allocations. Unused tokens expire at the end of that period. Renewal or cancellation of a subscription does not restart or extend an existing allocation’s validity. You can request the issue date, expiry date and remaining balance of an allocation from info@flyingupload.com. There is no voluntary cash redemption of expired tokens. Statutory monetary claims and any mandatory right to a longer validity period remain unaffected.

6.4 The token cost of an action is displayed before you initiate it. Submitting the action authorises the displayed deduction. Tokens deducted for an action that technically fails are restored. Dissatisfaction with a technically completed result is not itself a technical failure; remedies for a failure to provide the contractually required result remain unaffected.

6.5 New actions may have different token costs where displayed before initiation. A cost change will not apply retrospectively to an action already submitted. An agreed fixed-price token bundle or prepaid entitlement will not be materially devalued by a unilateral cost increase.

6.6 Ordinary cancellation at the end of the paid term does not shorten the remaining valid life of tokens already credited. Their use remains subject to the functions for which they were issued and section 6.3. A token balance does not extend the subscription or paid storage period.

6.7 If an included subscription allocation was credited in advance and the subscription is legally terminated with a time-based refund under section 5.5, the unused tokens attributable to the refunded future period are cancelled. For each affected allocation, that number is the original number of tokens in the allocation multiplied by the fraction of its subscription period falling after effective termination for which the fee is returned, capped at the number of unused tokens remaining in that allocation and rounded down to a whole token. A refund for an earlier defective period, a price reduction or damages does not increase that time fraction. Remaining valid tokens attributable to an unrefunded period are retained. Separately purchased allocations and allocations from other periods are unaffected. Previously spent included tokens are not retrospectively repriced as separate token purchases, and no negative token balance is created by this calculation. Applicable statutory refund or compensation rules take precedence.

6.8 On withdrawal from or full reversal of a token purchase, the unused tokens belonging to that purchase are cancelled. On another partial refund, only unused entitlements covered by the refund are reversed. A refund for a defect does not authorise revocation of entitlements that the customer remains entitled to receive. Account adjustments do not reduce a monetary refund owed by law. We will identify the affected purchase or allocation and explain the adjustment.

7. Your content and generated outputs

7.1 You retain your rights in designs, text, images, prompts and other material you lawfully supply (“Your Content”). Uploading or processing that material does not transfer ownership to Flying.

7.2 You grant us a non-exclusive licence to receive, reproduce, transmit, host, process and technically adapt Your Content only as necessary to perform the functions you request, provide and secure the Services, resolve support matters you submit and comply with legal obligations. We may use service providers for those purposes and grant them the limited permissions required to carry out the processing on our behalf. This permission does not authorise public marketing use of Your Content.

7.3 We do not use Your Content, prompts or generated outputs to train AI models. The Privacy Policy explains any processing of personal data and the providers involved. It is an information notice and does not operate as blanket consent to processing.

7.4 As between you and Flying, Flying does not claim ownership of outputs generated for you through the Services. To the extent any rights held by Flying are needed for their use, Flying grants you a non-exclusive, worldwide licence to download, edit, reproduce, publish, distribute and commercially exploit those outputs, including in print-on-demand products and listings. That permission survives ordinary termination for outputs already lawfully generated. It does not transfer third-party rights, apply to our software or research database, or permit use of another person’s protected material without authorisation.

7.5 AI output may not be exclusive, original, accurate, protectable by copyright or cleared for any particular use. Similar outputs may be generated for others. We do not undertake a legal clearance or register intellectual property rights for you. These limitations describe the scope of the AI function; they do not excuse a failure by us to perform an express contractual obligation or remove applicable defect remedies.

7.6 You must have the rights necessary to submit Your Content and request the processing. Review generated designs, text, translations and listing information before publication, submission or commercial use. In particular, check rights in reference material, trademark and copyright risks, product claims and applicable marketplace requirements. Finding an image or design in research results does not give you a licence to copy or adapt it.

7.7 AI functions currently use OpenAI and models operated by Flying. Some translation functions may require your own DeepL API key and account. You are responsible for the charges and authorised use of that separate DeepL account. Provider-specific technical or use requirements that materially affect an advertised function must be communicated before the relevant purchase or action; we do not incorporate unidentified future third-party policies as a general power to change your paid entitlement.

8. Research, trademarks and marketplace tools

8.1 Research results, estimates, rankings and trademark information are decision-support tools. Unless expressly agreed otherwise, we do not provide a legal opinion, guarantee that a search covers every territory, right or register, predict sales or promise that a design can be used without a claim. Applicable coverage and data limitations form part of the description of the relevant tool.

8.2 Flying does not operate the external marketplaces with which its tools interact. Marketplace accounts, eligibility, upload limits, approvals, removals, suspensions and sales are controlled by the marketplace under its rules. Use of Flying does not override those rules or establish marketplace endorsement or permission for automation.

8.3 You are responsible for holding and lawfully using your marketplace accounts, observing applicable platform limits, reviewing the material to be submitted and choosing the actions the software performs on your behalf. You must not use the software to bypass a platform restriction or submit content without the necessary rights.

8.4 Marketplace interfaces, policies and technical systems may change. Such a change can temporarily affect an integration. We may adapt the integration under section 10. Our responsibility for performing our own contractual obligations and the applicable remedies for non-performance remain governed by these Terms and mandatory law.

8.5 Marketplace login credentials and local files processed exclusively by the locally installed software remain on your device in that local workflow. Licence and account authentication uses our servers. Features you expressly use for cloud storage or online AI processing require transmission of the relevant material; those features are described separately in the product and Privacy Policy. A local-processing statement does not apply to material you choose to upload or send for an online function.

9. Storage, exports and the end of a paid plan

9.1 Cloud storage is hosted using Amazon Web Services (AWS) in Germany, within Europe. The free storage allowance is 2 GB; any larger paid allowance is identified in the purchased plan. Available design export formats include original files and associated XML; listing information can be exported in Excel format. You are responsible for maintaining appropriate independent copies of material you need, proportionate to its importance and the available export functions. This obligation does not exclude our agreed storage or security duties.

9.2 When your paid storage entitlement ends, the account returns to the 2 GB free allowance. The one-month grace period begins when paid access ends, not when you submit a cancellation. During that month, material above 2 GB is temporarily retained. Before it expires, you must export and remove enough material to comply with the allowance or obtain sufficient paid storage. After that period, we may delete designs in reverse order of addition, starting with the newest-added design, deleting only as many whole designs as necessary to reduce the stored volume to 2 GB or less. This is a reduction of excess storage, not a rule requiring deletion of all designs merely because a paid subscription has ended. Section 9.4 applies before any deletion.

9.3 Section 9.2 concerns the ordinary reduction from paid storage to the free allowance. It does not govern a separate request for account deletion or authorise deleting stored material merely because an account has been temporarily restricted for a security or fraud investigation. Such matters are addressed under section 11 and applicable law. Ordinary subscription cancellation does not shorten the valid life of already credited tokens under section 6.

9.4 The preceding storage rule does not shorten any mandatory period for retrieval or override a statutory right to receive qualifying content following termination. Where such a right applies, we provide the content in the legally required form. For cloud services and customers within its statutory scope, Annex A governs switching, termination, export, retrieval and erasure and prevails over conflicting provisions in sections 4 and 9. Personal data access, portability and erasure are governed separately by applicable data protection law and our Privacy Policy.

9.5 Paid-only software functions and access rights end when the relevant entitlement ends. Free-account features, valid token entitlements under section 6 and previously obtained rights to Your Content and generated outputs are dealt with under their respective provisions. The end of a subscription does not require you to destroy your own designs, permitted exports or lawfully obtained outputs.

10. Operation, updates and changes to the Services

10.1 We provide the functions agreed for the purchased plan. No specific availability percentage, individual support response time, custom development or compatibility with an unlisted environment is promised unless expressly agreed. This does not remove the obligation to provide the Services in conformity with the contract.

10.2 Maintenance, security work and updates may require proportionate temporary interruptions. We schedule foreseeable material interruptions reasonably and provide advance information where practicable. Urgent security or integrity work may require immediate action. We take reasonable steps to limit the duration and impact of interruptions.

10.3 We may make changes needed to comply with law, address security risks, maintain interoperability with supported third-party systems, correct errors or preserve the Services’ technical operation. We may also make reasonable technical improvements that do not materially reduce the purchased functionality. A change must be proportionate to its stated reason and does not authorise an arbitrary reduction of a prepaid entitlement.

10.4 Where statutory rules for consumer digital products apply, changes to an ongoing digital product beyond those necessary to maintain conformity will be made only where there is a valid reason stated in section 10.3, at no additional cost, and with clear information. If a change has more than an insignificant adverse effect on access or use, we provide the legally required advance notice on a durable medium describing the change, timing and statutory termination right. Where section 327r BGB applies, the Consumer may terminate without charge within 30 days of the applicable notification or implementation date, unless access to and use of the unchanged conforming product is preserved at no additional cost. Other statutory requirements for such changes remain applicable.

10.5 The preceding change rules also apply to replacements of AI models, providers and external integrations. Their application depends on the agreed functionality and the effect of the replacement on the customer.

11. Suspension and termination

11.1 We may proportionately restrict the affected function or account where there are substantiated grounds to believe it is being used unlawfully, in material breach of these Terms or in a way that creates a material security risk. The restriction must be limited to what is reasonably necessary to address the matter. Where doing so does not frustrate its purpose or conflict with law, we explain the grounds and allow a reasonable opportunity to respond or remedy the issue.

11.2 We may terminate for a material breach where the legal conditions for termination for cause are satisfied. Where required, we first warn you and provide an appropriate opportunity to remedy the breach. Immediate action remains possible in serious cases where continued performance cannot reasonably be required, such as deliberate licence abuse, serious unlawful conduct or a substantial security attack.

11.3 Ordinary discontinuation by Flying will take effect no earlier than the end of the paid commitment and requires at least one month’s notice. An existing binding entitlement to valid purchased tokens must be fulfilled or otherwise settled in accordance with the applicable contract and law. We may terminate a free account on one month’s notice, subject to accrued entitlements and mandatory content-retrieval rights.

11.4 Suspension or termination does not automatically forfeit amounts already paid or permit us to retain remuneration for services the law requires us to refund. Outstanding valid payment claims, statutory damages and rights accrued before termination are preserved.

11.5 Account deletion is separate from ordinary subscription cancellation. When you instruct us to delete the entire account, the account and its stored designs and operational data are deleted when the request is carried out; the one-month excess-storage grace does not apply to your express request for full deletion. Export material you wish to retain first. Account deletion permanently ends account access and access to unused account-bound tokens, and we coordinate the stopping of future subscription renewals. It does not create a voluntary refund right or cancel amounts lawfully due for an existing commitment. A statutory monetary claim survives deletion. Records that must be retained by law are restricted to the required purpose rather than erased contrary to that obligation. Mandatory preservation requirements also remain applicable. You do not have to delete your account to cancel a subscription.

12. Defects and liability

12.1 Mandatory rights concerning defective or undelivered digital products remain available. Notify us of technical problems with sufficient information for investigation and provide reasonable cooperation, without making a particular form of complaint or an artificially short reporting deadline a condition of statutory rights.

12.2 We are liable without contractual limitation for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment of a defect, obligations under an expressly assumed guarantee to the extent of that guarantee, and liability under the German Product Liability Act or other liability that cannot lawfully be limited.

12.3 For slight negligence, we are liable for breach of an essential contractual obligation, limited to damage that was foreseeable and typical for the contract when it was concluded. An essential obligation is one whose performance enables proper execution of the contract and on whose fulfilment the other party may ordinarily rely. Subject to section 12.2 and mandatory law, liability for other slightly negligent breaches is excluded.

12.4 The preceding limitations also protect our legal representatives, employees and persons we engage in performing the contract. They do not alter statutory rights to performance, correction of defects, price reduction, termination or repayment.

12.5 Business Customers only: To the extent the contract is governed by rental law, strict liability for defects existing when the contract was concluded under the first alternative of section 536a(1) BGB is excluded. Liability for fault, fraudulent concealment, an assumed guarantee and the cases in section 12.2 is unaffected.

12.6 Responsibility for loss of data is assessed under the preceding rules, taking account of any legally relevant failure to keep reasonable independent backups. No blanket exclusion applies where loss results from our own breach of an agreed storage or security obligation.

13. Third-party claims against Flying — Business Customers only

13.1 If a third party brings a justified claim against Flying because of a Business Customer’s culpable breach of section 3 or its culpable infringement of third-party rights through content it supplies or an action it directs, that Business Customer must reimburse the reasonable, necessary costs of defending the claim and amounts properly payable to the third party to the extent caused by that breach.

13.2 We will notify the Business Customer promptly, provide reasonable information and permit appropriate participation in the defence. We will not make an admission or settlement binding on the Business Customer without its agreement, which must not be unreasonably withheld. This obligation does not cover claims caused by our own breach or independent infringement and is reduced to reflect any responsibility attributable to us.

13.3 This section does not apply to Consumers. Any consumer liability for harm caused by an unlawful act is determined by law.

14. Communications, privacy and changes to these Terms

14.1 We may send account, security, contractual and service notices to the contact details associated with your account. Promotional messages are handled separately in accordance with applicable law. Declining optional marketing does not, by itself, terminate a paid licence or subscription.

14.2 Personal data processing is explained in the Privacy Policy. Optional device storage and tracking are explained in the Cookie Notice and managed through the applicable consent controls. Acceptance of these Terms is not consent to optional marketing or tracking.

14.3 We may propose changes to these Terms by providing the proposed version, effective date and an explanation in a durable form. Material changes to an existing contract require your agreement where applicable law requires it. Silence, continued use or failure to cancel is not treated as a substitute for consent required by law. Changes required directly by binding law apply according to that law.

14.4 If the proposed change is not agreed, the existing contract continues on its existing terms unless lawfully terminated. We may exercise an existing ordinary termination right for the future, but we will not treat refusal of new terms as a breach or use it to remove prepaid access or accrued rights. Publication of this version does not by itself replace the terms of an existing contract.

15. Governing law and disputes

15.1 This supplier agreement is governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a Consumer, this choice does not deprive you of protection afforded by mandatory rules that would apply in the absence of the choice, including applicable mandatory protections of your country of habitual residence.

15.2 If you are a merchant within the meaning of German commercial law, a legal entity under public law or a special fund under public law, the courts having jurisdiction for Deggendorf, Germany, have exclusive jurisdiction for disputes under this supplier agreement, subject to mandatory exclusive jurisdictions. This clause does not impose that forum on Consumers or on Business Customers who do not fall within those categories.

15.3 For Consumers, jurisdiction is determined by the applicable statutory rules.

15.4 Flying does not voluntarily participate in proceedings before a consumer dispute-resolution body. Any statutory participation or information obligation remains unaffected. Complaints concerning our Services may be sent to info@flyingupload.com. The rights and procedures governing a separate claim against Paddle are governed by the applicable purchase contract and mandatory law.

15.5 If a provision of these Terms is ineffective, the legal consequences and the continued operation of the remaining agreement are determined by applicable law.

Annex A — Switching and exit for covered cloud services

A.1 Scope and precedence

This annex forms part of the Terms of Use. It applies only where Chapter VI of Regulation (EU) 2023/2854 (the “Data Act”) applies to a data processing service supplied by Flying to you, including services supplied to customers in the European Union within Article 1(3)(f). It does not extend the Data Act’s territorial or material scope by contract.

The relevant services are Flying’s online design storage and management and its hosted AI processing, to the extent each meets Article 2(8)’s definition of a data processing service (the “Covered Services”). Qualifying free-tier use is included. Software operations performed exclusively on your own device are not Covered Services merely because they use server-side account or licence authentication. Access to Flying’s independently compiled research content does not, by itself, give you a right to export that database.

For Covered Services, this annex prevails over conflicting notice, termination, access, export and deletion provisions, including the ordinary subscription and excess-storage rules in sections 4 and 9 of the Terms. It does not alter the duration or price of a genuinely separate service that is not included in the affected contract.

A.2 Request and exit choice

Send a switching request to info@flyingupload.com, identifying your account and the Covered Services concerned. We may require proportionate verification of your authority. You may switch to another provider offering the same service type or port the exportable data and relevant digital assets to your own on-premises ICT infrastructure. You may instead choose erasure of those data and assets on service termination. Inform us of the option or combination you choose by expiry of the notice period and provide the destination information necessary to carry it out. We will support your exit strategy for the contracted Covered Services by supplying the relevant information.

The notice period for initiating switching is two months from receipt of your request, unless a shorter mandatory period applies or an earlier start is agreed. This does not remove a separate right to ordinary cancellation on a shorter notice period.

A.3 Transition and cooperation

After the notice period, we will enable switching without undue delay and within a transition of no more than 30 calendar days. If that period is technically unfeasible, we will notify you within 14 working days after your request, explain the technical reasons and specify an alternative transition of no more than seven months. You may extend the transition once for a period you consider more appropriate for your purposes.

The affected service contract continues during transition. We will provide reasonable assistance to you and authorised third parties, exercise due care to maintain continuity and continue the contracted functions, explain known continuity risks attributable to our service, and maintain the legally required level of security during switching, transfer and retrieval. You and the relevant providers must cooperate in good faith, including supplying the information and access reasonably necessary for the transfer.

Our duties concern our own service environment. They do not require us to recreate Flying’s software or models in another provider’s environment, guarantee identical functionality or results there, develop a new category of service, disclose protected technology or compromise security. These limits do not restrict the export, interface, assistance and documentation duties imposed by the Data Act.

A.4 Export categories and technical register

Exportable data include the input and output data, and related metadata, directly or indirectly generated or co-generated by your use of the Covered Services, to the extent within the Data Act’s definition and held by Flying. Relevant digital assets are included where you have a right to use them independently of the Flying service contract. The following register identifies the categories and their export treatment:

The excluded categories are Flying’s software and source code; algorithms, model weights and internal system configurations; independently compiled provider research databases and pre-existing provider datasets; other customers’ data; provider authentication secrets; and internal security assessments, monitoring rules and operational records, only to the extent that the category is outside exportable data or its exclusion is permitted to protect applicable intellectual-property rights, trade secrets, third-party rights or system security. An internal-data or trade-secret exclusion will not be used to impede or delay the lawful switching process. Your own design files, saved outputs or metadata are not excluded merely because they were processed using Flying’s technology. Separate personal-data rights remain governed by applicable data-protection law.

Use the design and listing export functions to retrieve the formats above. For a statutory switch, contact us through A.2 so that required additional data and technical information can be supplied. We will provide the information needed to interpret the export’s XML records, spreadsheet fields and file associations, and disclose known restrictions or technical limitations affecting the requested transfer. An export does not guarantee that a destination product can import every field or reproduce Flying’s functions. Files processed exclusively on your device and not held by Flying must be retrieved from that device.

For the Covered Services, we will provide the open interfaces and sufficient technical information required by Article 30(2) to you and the relevant destination provider without charge. Where Article 30(5) applies, we will export all exportable data on request in a structured, commonly used, machine-readable format. Applicable interoperability specifications and harmonised standards will be supported within their statutory implementation timetable.

This section is the online technical register for the Covered Services and is maintained with the Terms of Use. Service-specific export information supplied for a switch supplements this register; it does not reduce the categories that must be provided by law.

A.5 Termination

The affected service contract is considered terminated, where applicable, when switching is successfully completed. If you choose erasure rather than switching, it is considered terminated at the end of the notice period in A.2. We will notify you of the applicable termination. A remaining annual billing period does not postpone these statutory termination events.

Where Paddle administers the affected subscription and purchase transaction, we will coordinate the resulting entitlement and billing adjustments with Paddle. A technical or administrative delay does not extend an amount legally payable or prevent an effective statutory termination. Fees and any required refund are dealt with under A.8.

A.6 Retrieval and deletion

After the agreed transition ends, we will provide 30 calendar days for retrieval of the exportable data and digital assets. This period starts after any validly extended transition. We will not apply the ordinary excess-storage deletion process to data required for an ongoing switch or this retrieval period. Retrieval includes eligible material above the ordinary free-storage allowance.

Subject to successful switching, we will fully erase the exportable data and digital assets generated directly by you or relating directly to you after the retrieval period, or after a later period separately agreed with you. Data whose retention is specifically required by law will be restricted to that purpose and retained only for the required period. These obligations include the appropriate treatment of retained copies and are not satisfied merely by removing the files from your account view.

This section governs the statutory switching process. An ordinary reduction to a free plan without a switching or erasure request remains governed by section 9 of the Terms, subject to other mandatory rights. A separate account-deletion request is handled under its applicable contractual and data-protection rules; it is not treated as a request for an additional voluntary storage period.

A.7 Infrastructure and international governmental access

Flying’s design-storage infrastructure uses Amazon Web Services in Germany, within Europe. That infrastructure is subject to applicable German and European Union law. Our hosted functions may also depend on international service providers. In particular, standard OpenAI API processing is not represented as confined to Germany or the European Union. The applicable recipients and international personal-data processing are described in the Privacy Policy. A provider group’s foreign legal connections may expose it to foreign legal demands; those connections do not themselves authorise disclosure contrary to applicable law.

To protect EU-stored non-personal customer data against unlawful international governmental access or transfer, we will apply access restrictions, confidentiality and contractual controls with service providers, assess the legal basis and scope of any demand addressed to us, and refuse or challenge demands where required by applicable law. Any authorised disclosure must be limited to what is legally required. We will provide customer notification where required and legally permitted. We will take the additional technical, organisational and legal measures required by Article 32, including seeking the relevant authority’s assessment where appropriate.

This section supplies the information under Article 28 and is maintained at the Terms of Use, together with the linked Privacy Policy. Its obligations do not amount to a guarantee that no government can ever obtain lawful access to data.

A.8 Charges and financial settlement

No charge is made for the open interfaces required by Article 30(2). From 12 January 2027, no switching charge will be imposed for the statutory switching process. Before that date, a switching charge may be applied only if specifically agreed and disclosed before contracting, and only up to the directly related costs allowed by Article 29. This annex does not itself introduce such a fee.

Agreed standard service fees remain applicable while the affected service contract continues. Additional migration work beyond our statutory duties is chargeable only if you separately request it and agree its price in advance. A prohibited switching charge cannot be imposed under another description. This annex introduces no early-termination penalty.

Where repayment of an advance payment for an unused future period is legally required following termination under A.5, the calculation for a combined subscription fee is the price paid for that period multiplied by the unused fraction of the period, unless mandatory law requires a different or larger repayment. No separate price for previously included tokens or other bundled benefits will be introduced retrospectively to reduce that repayment. Any permitted adjustment of an unused included token allocation is governed by section 6 of the Terms and must correspond only to the entitlement lawfully ended and refunded; separately purchased tokens remain unaffected. A price reduction for defective past performance, compensation or another payment that does not end a future entitlement does not by itself justify withdrawing that continuing entitlement.

Genuinely independent continuing services remain governed by their own agreed terms. The party legally responsible for a refund will provide the required monetary payment through the applicable payment process. A credit will not replace a legally required monetary refund without a valid agreement permitting it.

This settlement rule does not create an additional voluntary refund guarantee, alter ordinary cancellation outside this annex, or permit retention of an amount that must be repaid by law.