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Terms of Service

Last updated: April 2026

Terms of Service for the Social Commerce Platform Social Flows

1. Preamble

The web-based platform “Social Flows” is a social commerce management solution that helps sellers in Tunisia and the MENA region manage orders from social media, automate workflows, and grow their business. The Customer (hereinafter: Customer) wishes to use this platform for internal use. The following terms of service apply to the use of Social Flows.

2. Subject Matter of the Agreement

2.1. Social Flows provides its services based on an offer, which may include deviating provisions to these Terms of Service. Deviating provisions in the offer take precedence. Social Flows provides SaaS services in the area of social commerce management. The subject matter of the Agreement is the provision of the platform “Social Flows” for use via the internet and the storage of Customer data (hereinafter: Hosting). The functional range of the contractual platform results from the functions mentioned in the offer and described on the Social Flows website.

2.2. The elimination of malfunctions and damages caused by improper handling on the part of the Customer, by the influence of third parties, or by force majeure is not the subject matter of this Agreement, but can be agreed in individual cases against separate remuneration.

3. Definitions

  • 3.1. “Agreement” means this Agreement, which includes any Order Form and/or the Product Documentation and/or conditions mentioned on the Social Flows website.
  • 3.2. “Affiliated Companies” means any company or business entity that is controlled by or controls a party of this Agreement or is subject to joint control with a party to this Agreement.
  • 3.3. “Content” means all content that the Customer and an Authorized User processes in the platform, including but not limited to data in the form of text, orders, customer information, or other content.
  • 3.4. “Authorized User” means a person who is authorized to have access to the platform and to view and/or edit Content, including employees or agents of the Customer.
  • 3.5. “Order Form” means an order form provided by Social Flows to the Customer that contains a binding offer to enter into a contract.
  • 3.6. “Product Documentation” means a document or website on which Social Flows describes the features and system requirements of the platform.
  • 3.7. “Platform”means the software “Social Flows” with the characteristics defined in the Product Documentation and in this Agreement.

4. Scope of Services

4.1. The Agreement applies to the number of Authorized Users and channels specified in the offer. Social Flows shall have the right to carry out an audit to determine whether the agreed scope of use is being complied with.

4.2. Social Flows will set up the number of user accounts owed to the Customer immediately after conclusion of the Agreement. The commissioning of the platform and the connection to the respective channels of the Customer in social networks is carried out by the Customer, if necessary, with the support of Social Flows.

4.3. The Customer is given the opportunity to connect channels from at least the following social networks: Facebook, Instagram, TikTok. Further channels may be added as part of updates or can be added after consultation for an additional fee.

4.4. In addition to the provision of the platform, Social Flows also provides services in the areas of updates/enhancements, troubleshooting/error correction, and support.

4.5. Additional services not covered by the Agreement shall be provided by Social Flows at the request of the Customer against separate payment if sufficient personnel are available. The calculation is based on Social Flows's hourly rates valid at the time.

5. Customer's Cooperation Obligations

5.1. The Customer may only use the platform for the purpose defined in this Agreement. In particular, no programming code may be entered in the input fields of the platform.

5.2. The Customer must keep access data secret, may not disclose it to third parties, and must ensure that Authorized Users do not disclose their access data to third parties.

5.3. The Customer shall immediately notify Social Flows of any errors that occur and support the investigation and correction within the scope of what is reasonable.

6. Hosting, Availability and Service Level

6.1. Social Flows strives to ensure high availability of the contractual platform. Scheduled maintenance and data backups will be announced to the Customer in advance where possible.

6.2. The connection to the platform is encrypted by an SSL certificate.

6.3. Troubleshooting is prioritized as follows:

  • Error class 1 (Fatal Error): Use of the platform is no longer possible — response time: 2 hours
  • Error class 2 (Medium Error): Use is severely restricted — response time: 24 hours
  • Error class 3 (Slight Error): Minor issues — resolved as part of the next update cycle

7. Remuneration

7.1. The Customer undertakes to pay the fee agreed in the offer plus the applicable statutory VAT to Social Flows for platform access and hosting.

7.2. Social Flows will send the Customer an invoice with the agreed license fee. Invoices may be sent electronically.

7.3. The license fee does not include maintenance work that has arisen due to incorrect operation or negligent or intentional damage or modification of the platform. Such services are invoiced separately.

8. Data Protection & Confidentiality

8.1. Both parties must maintain secrecy about all business and operational matters that have become known to them and treat all information in connection with the fulfillment of this Agreement as strictly confidential even beyond its expiration.

8.2. Social Flows undertakes to instruct its staff accordingly and to oblige them to comply with data protection regulations.

8.3. Content posted via the platform is the sole property of the Customer and will be deleted at the end of the Agreement at the Customer's request. This includes user profiles, orders, comments, and their containing media elements.

9. Social Media Platforms

If you use Social Flows to manage interactions on social media platforms or to create posts, you automatically agree to the general terms and conditions and data protection notices of the respective platforms. Social Flows is not responsible for the availability or policies of third-party social media platforms.

10. Rights of Use

10.1. For the term of this Agreement, Social Flows grants the Customer a non-exclusive, non-transferable right to use the contractual platform on Social Flows's systems. The platform will not be conveyed to the Customer.

10.2. The Customer shall also receive a right of use to contractual objects which Social Flows provides as part of maintenance obligations (e.g., updates, supplementary manuals).

10.3. If the Customer uses contractual objects that are intended to replace earlier ones, the right of use to the replaced contractual object expires.

11. Defects Liability

11.1. Liability regardless of negligence or fault for initial defects in the platform is excluded. In all other respects, the Customer's warranty claims shall be governed by the statutory provisions.

11.2. Warranty claims for defect of the Customer are subject to the statute of limitations within a period of two years from receipt of the notice of defects.

12. Liability of Social Flows

12.1. Social Flows shall only be liable for damages (a) caused intentionally or through gross negligence by Social Flows or its legal representatives or vicarious agents, (b) resulting from injury to life, body, or health, or (c) if the damage is caused by the breach of a cardinal obligation.

12.2. In the cases referred to in paragraph 1, letters (a) and (b), Social Flows shall be liable within the scope of statutory liability. In all other cases, the claim for damages shall be limited to the damage foreseeable and typical for this type of Agreement.

12.3. In cases other than those referred to in paragraph 1, the liability of Social Flows shall be excluded.

13. Term of the Agreement

13.1. This Agreement has the term specified in the offer.

13.2. The contract term is automatically extended by 12 months at the end of the term at Social Flows standard conditions if the contract is not cancelled in due form and time.

13.3. The contractual relationship can be terminated by both parties, after expiry of the minimum contract period, with a notice period of three months, at the end of the respective term.

13.4. The right to terminate for good cause remains unaffected. Any termination must be in writing or in text form.

14. Miscellaneous

14.1. Social Flows shall only make a binding offer to conclude this Agreement if the Customer is a company or a person acting in the course of their trade or profession.

14.2. This Agreement and its attachments regulate the relevant agreements between the parties conclusively and completely.

14.3. Social Flows does not accept deviating, conflicting, or supplementary general terms and conditions of the Customer.

14.4. If any provision of this Agreement is invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with an appropriate provision which comes as close as possible to what the parties intended.

14.5. Changes and additions to this Agreement are only effective in writing or in text form and must be signed by both parties.

14.6. The laws of Tunisia shall apply. The place of jurisdiction is Tunis, Tunisia.

Questions?

If you have any questions about these Terms of Service, please contact us at legal@socialflows.app.