Draft of 18 October 2026. This text does not apply yet and will first be reviewed by a lawyer. The details in square brackets are still to be completed.
1. Definitions
- FlowCAD3D: the trade name of [legal entity], established at [address], registered under number [company registration number], VAT number [VAT number].
- Customer: the company or organisation that takes out a subscription to FlowCAD3D.
- Service: the browser application FlowCAD3D as described on flowcad3d.com, with its cloud storage, the manual and support.
- Licence: the right to give one User access to the Service in the role Engineer or Fitter.
- User: an employee of the Customer with an account of their own.
- Customer Data: all projects, drawings, models, files and other data that the Customer or its Users place in the Service.
- Agreement: the subscription to the Service, including these terms.
2. Applicability
- These terms apply to every subscription to the Service and to every offer for one.
- The Service is intended for companies and organisations. No agreements are concluded with consumers.
- Purchasing or other terms of the Customer do not apply unless FlowCAD3D has accepted them in writing.
- Deviations from these terms apply only when agreed in writing.
3. Conclusion of the Agreement
- The Agreement is concluded when the order on flowcad3d.com has been completed and the first payment has been confirmed, or when FlowCAD3D has confirmed an order on invoice in writing.
- The person placing the order declares to be authorised to represent the Customer.
- The subscription starts on the day of the order. The first User receives an e-mail invitation to activate the account.
4. The Service
- FlowCAD3D provides the Service as described on flowcad3d.com at the time of the order. New versions are made available without interruption of the subscription.
- FlowCAD3D may change and improve the Service. A change that materially limits the core of the Service for the Customer is announced at least thirty days in advance. In that case the Customer may cancel the Agreement as of the date of the change.
- Custom implementation, such as setting up the Customer's own component libraries and piping specifications, is not part of the subscription and is agreed separately.
- Drawings, lists and calculations from the Service are engineering aids. The Customer checks them before use and remains responsible for the design, the execution and compliance with the applicable standards and regulations.
5. Licences and Users
- The subscription consists of a number of Licences per role. One Licence is assigned to each User.
- A User added beyond the number of Licences results in an additional Licence from that day. Additional Licences are invoiced pro rata until the next invoice date.
- A reduction in Licences takes effect from the next monthly invoice for a monthly subscription and at the renewal for an annual subscription. Amounts already paid are not refunded.
- An account is personal. Users do not share their sign-in details. The Customer ensures that its Users comply with these terms and is liable for their use of the Service.
- The Customer manages its Users in the Service and deactivates a departed employee without delay.
6. Prices and payment
- The prices are published on flowcad3d.com/pricing and exclude VAT. A monthly subscription is invoiced monthly in advance; an annual subscription is invoiced for the whole year in advance.
- Payment is made by SEPA direct debit, iDEAL, Bancontact or credit card. Payment on invoice is possible by arrangement, with a payment term of [fourteen] days from the invoice date.
- For a Customer outside the Netherlands with a valid VAT number, the VAT is reverse-charged. The Customer is responsible for the correctness of the VAT number provided.
- FlowCAD3D may change its prices. A price change is announced at least thirty days before the next renewal and applies from that renewal. The Customer may cancel as of that date.
- After a failed direct debit or an unpaid invoice, the Customer receives a reminder. If payment is still not made, FlowCAD3D may suspend access to the Service until the outstanding amount has been paid. The Customer Data are retained during that period.
7. Term and cancellation
- A monthly subscription runs per calendar month and is renewed by one month at a time. It can be cancelled as of the end of any month.
- An annual subscription runs for one year from the day of the order and is renewed by one year at a time, unless it is cancelled no later than the day before the renewal.
- Cancellation is done [in the admin portal or by e-mail to info@flowcad3d.com] by an authorised person. FlowCAD3D confirms the cancellation by e-mail.
- When the Agreement ends, access to the Service ends at the end of the paid period. No refund is made for the remaining period.
- FlowCAD3D may terminate the Agreement with immediate effect if the Customer acts in breach of article 8 or fails to pay after a reminder.
8. Use of the Service
- The Customer uses the Service for its own business operations. Reselling, renting out or making the Service available to third parties is not permitted.
- It is not permitted to derive the source code, copy the Service, circumvent security measures, load the Service in a way that hinders its use by others, or place unlawful content in the Service.
- The Customer protects the sign-in details of its Users and reports any suspected misuse to FlowCAD3D without delay.
9. Customer Data and privacy
- The Customer Data are and remain the property of the Customer. FlowCAD3D uses them only to provide and maintain the Service.
- The Customer can export its data from the Service at any time in the formats available for that purpose, such as DXF, STEP, PCF, XLSX, CSV, PDF and ZIP.
- The Customer Data are stored with Supabase in Frankfurt (European Union). Notification e-mails are sent through Resend, which processes data in the United States under the applicable arrangements.
- Where FlowCAD3D processes personal data on behalf of the Customer, a data processing agreement is concluded that forms part of the Agreement. [Data processing agreement: to follow.]
- After the end of the Agreement, the Customer Data remain available for export for [thirty] days. They are deleted after that, unless a statutory retention obligation applies.
- The Customer keeps its own copy of any data it wishes to retain outside the Service.
10. Availability, maintenance and support
- FlowCAD3D makes every reasonable effort to keep the Service continuously available. Maintenance that interrupts the Service is announced in advance where possible and carried out outside office hours.
- Faults and questions can be reported in the Service (Help → Submit a help request…) or by e-mail to info@flowcad3d.com. FlowCAD3D handles a report as soon as reasonably possible.
- Support, new versions and the manual are included in the subscription. Training and custom implementation are agreed separately.
11. Intellectual property
- All rights to the Service, the software, the documentation and the FlowCAD3D name rest with FlowCAD3D or its licensors. The Customer receives only the right of use that follows from the Agreement.
- All rights to the Customer Data rest with the Customer.
- FlowCAD3D may use suggestions and improvements put forward by the Customer without compensation.
12. Liability
- The liability of FlowCAD3D for damage arising from or in connection with the Agreement is limited, per event, to the amount the Customer paid for the Service in the twelve months before the event. A series of related events counts as one event.
- FlowCAD3D is not liable for indirect damage, including lost profit, missed savings, loss of data caused by the Customer, and damage caused by incorrect use of drawings, lists or calculations from the Service.
- These limitations do not apply in the case of intent or deliberate recklessness on the part of FlowCAD3D.
- A claim lapses if the Customer has not reported it to FlowCAD3D in writing within twelve months of discovery.
13. Force majeure
FlowCAD3D is not required to fulfil an obligation for as long as fulfilment is prevented by a circumstance beyond its control, such as a failure at a hosting provider, a network failure, a cyberattack, a power outage or government measures. If such a circumstance lasts longer than thirty days, either party may cancel the Agreement without being liable for damages.
14. Changes to these terms
FlowCAD3D may change these terms. A change is announced by e-mail at least thirty days before it takes effect and is published on flowcad3d.com. A Customer who does not accept the change may cancel the Agreement as of the effective date.
15. Governing law and disputes
- The Agreement is governed by Dutch law.
- The parties first put a dispute to each other and seek a solution in consultation. If that does not succeed within thirty days, the competent court of the district in which FlowCAD3D is established has jurisdiction.
16. Contact
Questions about these terms can be sent to info@flowcad3d.com. The company details of FlowCAD3D are listed in article 1.
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