Postfluss

General Terms and Conditions

Version of 5 November 2026 · for businesses only · This translation is for information. Only the German version is binding.

§ 1 Scope, businesses only

  1. These terms apply to all contracts for the Postfluss service between Saimon Misiaki (Simon Misiak), individual entrepreneur under Georgian law, Tbilisi, Georgia (address as in the imprint) (“Provider”) and the customer.
  2. Postfluss is offered only to businesses, i.e. natural or legal persons acting in the course of their trade, business or profession when concluding the contract, as well as legal entities under public law and special funds under public law. When registering, the customer confirms that it uses Postfluss as a business. The Provider may ask for proof, such as the VAT identification number. If the customer turns out to be a consumer, the Provider may terminate the contract without notice.
  3. Deviating terms of the customer do not apply, even if the Provider does not object to them.
  4. The data processing agreement (DPA) is part of the contract. Where it conflicts with these terms on the protection of personal data, it takes precedence.

§ 2 Conclusion of the contract

  1. By registering on the website, the customer makes an offer for a usage contract. The contract is concluded when the first admin sets a password via the link in the confirmation email. At first, the account is in setup (§ 4).
  2. The paid subscription is concluded when an admin of the customer chooses a plan under “Billing” and clicks “Start subscription” or, with the PayPal subscription (§ 6 (4)), approves the subscription at PayPal. Yearly payment is agreed separately (§ 6 (10)).
  3. Whoever creates the account or starts the subscription warrants that they are authorised to represent the customer in doing so.

§ 3 Services

  1. Postfluss is software provided over the internet (software as a service). It reads customer enquiries from the channels the customer connects, such as mailboxes and helpdesks. When a user clicks, it writes reply drafts from the customer’s knowledge base. It learns only within the customer’s account. A reply is always sent by a user of the customer.
  2. The exception is the AI assistant in the website chat. If the customer switches it on, it answers questions from visitors to the customer’s website itself, and only from knowledge the customer has approved. It is labelled as AI and does not trigger any actions.
  3. The scope of each plan follows from the price overview on the website and the details under “Billing” in the app at the time the subscription starts. This includes enquiries per month, seats, channels and storage.
  4. Drafts are produced with a language model. They may be wrong, incomplete or unsuitable. The customer checks every draft before sending it. Postfluss does not provide legal, tax or other professional advice.
  5. Technical safeguards are part of the service, such as a daily cap on model costs or limits for imports. If the customer reaches such a limit, a function may pause temporarily. The limits are not a fee.
  6. The Provider develops Postfluss further. It may change, replace or discontinue functions as long as the core of the contract (drafts from the customer’s own knowledge base for the connected channels) is preserved and the change is reasonable for the customer. If an essential function is removed, the Provider announces this in text form at least 6 weeks in advance. The customer may then terminate with effect from the date of the change.
  7. The Provider owes a specific availability only if separately agreed. It strives for trouble-free operation and announces planned maintenance in advance.
  8. Connected third-party services (mailboxes, helpdesks, shops, shipment tracking) are subject to their own terms. The customer needs its own access to them. If such a service fails or changes its interface, this is not a defect of Postfluss.

§ 4 Setup at no cost

  1. Until the subscription starts, the account is in setup. The customer can connect mailboxes, invite users, add knowledge by hand and change settings. Functions with model costs are locked, such as drafts, import, website scan and chat assistant. There is no free quota. Setup costs nothing.
  2. If nobody sets a password within 7 days of registration, the Provider deletes the account and its details.
  3. Either party may end an account in setup at any time without notice. The customer deletes it themselves in the app under “Settings” as long as no credit is outstanding; with outstanding credit by email, in which case the Provider pays out the credit and then deletes. Deletion removes all customer data immediately and permanently (§ 8 (3) does not apply); access at third parties that the Provider cannot revoke is revoked by the customer.

§ 5 Help with setup

The Provider helps every customer with setup free of charge, by email. This is a voluntary service, provided as time allows. There is no entitlement to particular response times or results. The customer enters the access data for its services itself. The Provider never asks for passwords.

§ 6 Prices, credit and payment

  1. The prices in the price overview at the start of the subscription or at the time of the booking apply. All prices are net prices plus statutory VAT where applicable. Postfluss counts months and days in Coordinated Universal Time (UTC).
  2. Credit. The customer pays from a credit balance in its account. It tops it up by bank transfer with its fixed reference or via PayPal (10 to 2,000 € per payment). The Provider credits a transfer once it has been received and matched. PayPal payments are usually available immediately. There is no surcharge for PayPal. The credit is a prepayment towards future fees. It is not e-money and bears no interest.
  3. Start of the subscription. When the subscription starts, the rest of the current calendar month is debited pro rata by days. This applies to the plan, extra seats and extra storage. The subscription starts only if the credit covers it or the customer pays through a PayPal subscription (para. 4).
  4. PayPal subscription as payment method. Instead of paying from the credit, the customer may pay the monthly fee for the plan through a PayPal subscription. An admin approves a subscription at PayPal. PayPal then collects the plan price for the rest of the current calendar month pro rata by days at the start of the subscription and, after that, the plan price on the first day of each month from the customer’s PayPal account. If the customer switches a running subscription to the PayPal subscription, no pro-rata amount is charged; PayPal collects for the first time on the next first of the month. Extra seats, extra storage, enquiries above the quota, the AI assistant and all other fees continue to be paid from the credit. The customer may switch the payment method or end the PayPal subscription in the app at any time; from the next first of the month the debit from the credit then applies again. With the PayPal subscription, the customer approves a plan change itself at PayPal; a higher plan costs the rest of the month pro rata from the credit (para. 8), and PayPal collects the new plan price from the next first of the month. If a PayPal payment is not received, the Provider debits the fee from the credit no earlier than 7 days after the first of the month and informs the customer; a later PayPal payment is credited to the credit balance. If PayPal suspends or ends the subscription, the debit from the credit applies again from the next first of the month (para. 5); the Provider informs the customer. A termination also ends the PayPal subscription at PayPal; the current month is paid and is not refunded, and no further collection takes place. Refunds are made only under para. 9.
  5. Monthly debit. After the start of the subscription, the Provider debits the monthly fee from the credit on the first day of each month; with the PayPal subscription (para. 4), only the part above the plan price. This happens even if the credit does not cover it. A negative balance is due immediately and must be settled. The app shows it clearly. 7 days after the balance turns negative, new AI functions such as drafts, summaries and the knowledge chat pause until the balance is settled. Reading and sending continue.
  6. Enquiries. Each plan includes a quota of enquiries per calendar month. An enquiry counts when a user creates an AI draft for it. Up to three regenerations or adjustments per enquiry are included. Each summary of a conversation and each question to the knowledge chat also counts as one enquiry. The app says so before the click. Unused quota expires at the end of the month. Above the quota, enquiry credit from purchased packs is used first; after that, each enquiry costs the single price from the money credit. The AI assistant in the website chat costs a monthly fee with a number of conversations, at the prices the app states before it is switched on. Extra packs of conversations apply only in the calendar month of purchase.
  7. Packs. Purchased enquiry packs do not expire during the contract. They are not paid out and lapse when the contract ends.
  8. Booking more or less. Booking more during the current month (extra seats, extra storage, a higher plan) costs the rest of the month pro rata by days, debited from the credit immediately. Booking less or cancelling something gives no refund. Less extra storage applies from the next first of the month. The Provider switches to a smaller plan or fewer seats on request with effect from the next first of the month.
  9. Payout. The Provider pays out the money credit without a fee at the end of the contract or in justified individual cases, less any outstanding claims. Transfers go only to an account from which the customer has paid in. The Provider refunds PayPal payments via PayPal. There is no payout at any time on request.
  10. Yearly payment. On request, the Provider bills the plan yearly by invoice, at the price of 11 months for 12 months. The quota still applies per calendar month. If the customer moves to a larger plan during the year, it pays the difference for the remaining months pro rata. Extra seats and extra storage are then charged with the yearly invoice. Enquiries above the quota continue to be paid from the credit.
  11. The Provider issues invoices electronically.
  12. Price changes. The Provider may change the prices for running subscriptions with at least 6 weeks’ notice in text form. The customer may then terminate with effect from the date the change takes effect. The notice points this out. During a paid yearly term, the plan price does not change.
  13. The customer may set off against the Provider’s claims only with undisputed or legally established claims.

§ 7 Term, termination, switching

  1. Monthly: The subscription runs for an indefinite period. Either party may terminate it at any time with effect from the end of a calendar month.
  2. Yearly: The subscription runs for 12 months and renews for a further 12 months each time unless it is terminated by the end of the term.
  3. Switching to another provider (Data Act): The customer may terminate at any time with 2 months’ notice in order to switch to another provider or to its own systems, or to have its data deleted. In the notice, it states what it wants, and when switching, it names the new provider. This also applies during a yearly term. With yearly payment, months already paid are not refunded in that case. The procedure is set out in § 8.
  4. The right to terminate for good cause remains. For the Provider, good cause exists in particular if the credit has been negative for more than 30 days, if the customer uses Postfluss for spam or unlawful content, or if it endangers the security of the service.
  5. Terminations require text form; an email to info@nighthopper.de is sufficient. If the customer terminates, the Provider confirms this in text form.

§ 8 Data at the end of the contract

  1. Export. The customer can export its data itself at any time. The following can be exported:
    • as JSON: settings, users with names and signatures (without passwords), channels (without access data), knowledge base, style rules, corrections, text snippets, tags, block list, pages from the website scan, bookings, search vectors and the log; the knowledge base also as CSV,
    • as JSON Lines: enquiries with subject, text, history, drafts, sent replies, notes and return suggestions, as well as website chats,
    • as files: attachments and images of the enquiries.
    Security data cannot be exported: keys, password hashes, access data for connected services and counters against misuse. The Provider describes the data formats at [link to the description of the data formats].
  2. Transition period when switching. If the customer terminates under § 7 (3), a transition period of no more than 30 days begins after the notice period. During it, the contract continues with all services and the Provider supports the switch: it provides all information needed for it, names known risks to continuity of service and protects the data during transfer and retrieval. The customer may extend the transition period once by a period it considers appropriate. If the switch is technically not possible within 30 days, the Provider says so within 14 working days and states a transition period of no more than 7 months. The contract ends when the switch is completed, at the latest at the end of the transition period. If the customer chooses deletion, it ends with the notice period.
  3. Retrieval and deletion. After the end of the contract, the customer has 30 days to retrieve its data. On request, the Provider extends this period appropriately. After that, the Provider deletes all of the customer’s data together with its keys. Backup copies expire no later than 30 days after that.
  4. The Provider charges nothing for export, switching and retrieval. The Provider’s statutory retention obligations for billing data remain unaffected.

§ 9 Obligations of the customer

  1. The customer connects only mailboxes, helpdesks, shops and websites it is entitled to use. It keeps access data secret, gives user accounts only to its own employees or agents, and reports any suspected misuse immediately.
  2. The customer is responsible for the content it adds and for the replies it sends, including the knowledge the website chat answers from. It does not remove the labelling of the chat assistant as AI.
  3. Towards its own customers, the customer is the controller under data protection law. It informs them where necessary, for example in its privacy policy.
  4. The customer does not use Postfluss for spam, mass advertising, unlawful content or attempts to attack the service, its safeguards or other customers.

§ 10 Suspension

In the event of a serious breach of § 9 or an acute danger to the service or to third parties, the Provider may suspend the account in whole or in part. The suspension lasts only as long and goes only as far as necessary. The Provider informs the customer without undue delay, if possible in advance. The obligation to pay remains if the customer is responsible for the suspension.

§ 11 Rights to data and software

  1. All of the customer’s content remains the customer’s, including the knowledge base built up in its account. The Provider uses it only to perform the contract. It never uses it to train models and never for other customers. The only exception is Swarm Knowledge: only if the customer switches it on are anonymous categories without content counted. Details and how to opt out are in DPA § 11.
  2. For billing, operation and improvement of the service, the Provider uses counts and totals without content, such as the number of enquiries or model costs per account.
  3. For the term of the contract, the customer receives the simple, non-transferable right to use Postfluss to the agreed extent. All rights to the software remain with the Provider.

§ 12 Defects

  1. The customer reports defects as precisely as possible in text form. The Provider remedies them within a reasonable time.
  2. Strict liability for defects that already existed when the contract was concluded is excluded.
  3. Deviations of an AI draft from the desired content are not a defect as long as Postfluss otherwise works as described (§ 3 (4)).

§ 13 Liability

  1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where it has given a guarantee.
  2. In the case of simple negligence, the Provider is liable only if it breaches an obligation whose fulfilment makes the contract possible in the first place and on which the customer may rely (cardinal obligation). Liability is then limited to the foreseeable damage typical for the contract, and per year of damage to no more than the fees the customer paid or owes for the 12 months before the event causing the damage, but at least €1,000.
  3. In the case of simple negligence, the Provider is liable for loss of data only up to the effort that restoring it from the Provider’s backups would have cost. The original emails remain in the customer’s mailboxes and helpdesks.
  4. These limits also apply to the Provider’s employees and agents. Liability under Art. 82 GDPR follows the law and the DPA.

§ 14 Confidentiality

Both parties treat confidential information of the other party confidentially, also after the end of the contract. This does not apply to information that is publicly known or that a party must disclose. The Provider names the customer as a reference only with its consent.

§ 15 Changes to these terms

  1. The Provider may change these terms if the law, case law or the service changes and the change is reasonable for the customer. It announces the change in text form at least 6 weeks in advance and sends the new text.
  2. If the customer does not object before the change takes effect, the change is deemed accepted. The notice expressly points this out, together with the deadline and the right to terminate. If the customer objects, the contract continues on the previous terms. Either party may then terminate it with effect from the end of the calendar month.
  3. Prices and the core of the services change only under § 6 (12) and § 3 (6).

§ 16 Final provisions

  1. Georgian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The DPA and the standard contractual clauses are governed by their own provisions on law and jurisdiction (DPA, Annex 4).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Tbilisi, Georgia.
  3. The German version is binding. The English version is for understanding only.
  4. If a provision is invalid, the rest of the contract remains valid. The statutory provision takes the place of the invalid one.