Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between the Customer and Chirill Cebotari, Neue Roßstraße 20, 10179 Berlin, Germany, operating the Flamekeeper service (“Flamekeeper,” “we,” “us,” or “our”). They govern access to and use of our websites, application, documentation, support, and related services (together, the “Service”).

Please read these Terms before using the Service. By creating an account, accepting an invitation, purchasing case credits, or accessing or using the Service, you agree to these Terms. If you use the Service for an organization, you confirm that you have authority to bind that organization.

1. Agreement and scope

Customer means the business, public-sector body, nonprofit, or other organization for whose benefit the Service is used. If an individual uses the Service in an independent professional capacity and not for an organization, that individual is the Customer. User means an individual whom the Customer authorizes to use the Service. “You” means the Customer and, where the context requires, a User.

The Service is intended for business and professional use only. It is not offered to consumers acting primarily outside their trade, business, or profession. Users must be at least 18 years old and legally able to enter into these Terms.

If the Customer has a separately signed order form, master agreement, data processing agreement, or other written agreement with us covering the Service, that agreement forms part of the contract. If there is a conflict, the separately signed terms control to the extent of that conflict, followed by any applicable order form, data processing agreement for data-protection matters, and then these Terms.

2. The Service

Flamekeeper helps organizations collect role-specific knowledge, coordinate workplace handovers, review handover materials, identify possible gaps, and generate suggested follow-up questions. Features may include guided prompts, document and text uploads, collaboration, integrations, and AI-assisted analysis.

Subject to these Terms and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the contract term to permit its Users to access and use the Service for the Customer’s internal business purposes.

Documentation, plan descriptions, and in-product notices may set reasonable technical, usage, storage, or feature limits. We may offer free, trial, beta, preview, or early-access features. Those features may be changed or withdrawn at any time and may be less reliable or complete than generally available features.

3. Accounts, administrators, and SSO

Account creation

Users must provide accurate, current, and complete registration information and keep it updated. Accounts are personal to the named User and may not be shared. You must keep credentials confidential, use reasonable security measures, and notify us promptly at hello@useflamekeeper.com if you suspect unauthorized access.

Flamekeeper does not currently offer social or consumer third-party login. Customers may configure enterprise single sign-on through Okta or Microsoft Entra ID. When SSO is enabled, the Customer is responsible for configuring and securing its identity provider, assigning access correctly, and promptly disabling access for Users who should no longer use the Service. Use of an identity provider is also subject to that provider’s terms.

Organization administrators

The Customer may appoint administrators who can invite, remove, suspend, and manage Users; configure integrations and SSO; control roles and permissions; purchase credits; and access or manage Customer Content according to their assigned permissions. Users acknowledge that the Customer controls their organizational account and may access, restrict, export, or delete content associated with it. We may rely on instructions from the Customer’s authorized administrators.

The Customer is responsible for all activity under its accounts except to the extent caused by our breach of these Terms. It must ensure that its Users comply with the agreement.

4. Customer responsibilities

The Customer decides what information to collect and upload, who may access it, how long it should be retained, and how outputs will be used. The Customer is responsible for:

• obtaining all necessary rights, permissions, notices, and lawful bases for Customer Content, including employee and third-party personal data;
• complying with employment, labor, privacy, data-protection, intellectual-property, records-management, and works-council requirements that apply to its use of the Service;
• configuring roles, permissions, integrations, and SSO appropriately and reviewing them regularly;
• maintaining its own systems, connectivity, and any reasonable copies or exports needed for business continuity; and
• reviewing handover materials and outputs before relying on or sharing them.

The Service is not designed as a system of record for payroll, medical information, government identification numbers, payment-card data, account passwords, or other credentials. Do not upload that information unless a feature expressly requires it and the Customer has confirmed an appropriate lawful basis and safeguards. The Customer must not upload information subject to heightened legal restrictions unless its use is necessary, lawful, and covered by an appropriate written agreement with us.

5. Customer Content

Customer Content means information, files, text, prompts, answers, comments, configuration, and other material submitted to or created in the Service by or for the Customer, including handover documents and content imported through integrations. As between the parties, the Customer retains its rights in Customer Content. These Terms do not transfer ownership of Customer Content to us.

The Customer grants us and our approved subprocessors a non-exclusive, worldwide right to host, copy, transmit, display, modify, and otherwise process Customer Content only as reasonably necessary to provide, secure, maintain, troubleshoot, and support the Service; comply with law and valid legal process; and enforce the agreement. This right ends when the relevant Customer Content is deleted from our active systems, subject to backup cycles, legal retention duties, and the Privacy Policy or applicable data processing agreement.

The Customer represents that it has the rights necessary for us to process Customer Content as described in the agreement and that Customer Content and its use of the Service will not violate law, confidentiality duties, or third-party rights.

We may remove or restrict access to Customer Content if we reasonably believe it is unlawful, infringes third-party rights, threatens the Service or others, or violates these Terms. Where legally and practically possible, we will notify the Customer and give it a reasonable opportunity to address the issue.

6. AI-assisted features and human review

Some features use artificial intelligence to generate prompts, summaries, quality indicators, missing-information suggestions, follow-up questions, or other outputs. AI-generated outputs may be incomplete, inaccurate, inconsistent, or unsuitable for a particular situation. Similar inputs may produce similar outputs for different customers.

The Customer must apply appropriate human review and professional judgment before relying on an output. Flamekeeper does not provide legal, employment, compliance, financial, tax, or professional advice, and outputs are not a substitute for such advice. The Customer must not use the Service or its outputs as the sole basis for hiring, dismissal, promotion, performance management, disciplinary action, or another decision that produces legal or similarly significant effects for an individual.

To the extent permitted by law, the Customer may use outputs generated for it for its internal business purposes. The Customer remains responsible for verifying outputs and for the decisions, communications, and actions it takes based on them.

We will not use Customer Content to train third-party general-purpose AI models without the Customer’s express written permission. Information about our handling of personal data and AI providers is governed by the Privacy Policy and any applicable data processing agreement.

7. Purchases, fees, and handover case credits

Orders and payment

The Customer may buy packs of handover case credits and any other paid offering shown at checkout or in an order form. The checkout page or order form states the quantity, price, currency, taxes, and any product-specific conditions. An order is binding when the Customer confirms the purchase and payment is accepted. We may reject or cancel an order affected by an obvious pricing error, suspected fraud, legal restriction, or product unavailability; if we do, we will refund amounts paid for that order.

Payments are processed by a third-party payment provider. The Customer authorizes us and that provider to charge the selected payment method for the displayed amount. The Customer must provide accurate billing details and is responsible for applicable taxes, duties, and similar charges, excluding taxes on our net income. Prices may change prospectively, but a change will not reduce case credits already purchased.

Case credits

Unless checkout or an order form says otherwise, case packs are one-time purchases and do not renew automatically. One case credit is consumed when the Customer creates a handover case. Unused credits remain associated with the Customer’s organization while its account remains active, are not legal tender or stored value, and cannot be redeemed for cash, transferred to another organization, or resold.

Paid fees are non-refundable except where required by law, expressly stated at checkout, or agreed by us in writing. If we permanently discontinue the paid Service and do not offer a substantially equivalent way to use purchased credits, the Customer may request a pro-rata refund for affected unused paid credits. Promotional, complimentary, or free credits have no cash value and are not refundable.

If we later offer a recurring plan, its price, billing interval, renewal, and cancellation terms will be shown before purchase or in an order form. A recurring plan will not apply merely because the Customer has bought a one-time case pack.

8. Promotions, contests, and sweepstakes

We may offer promotions, referral programs, contests, prize draws, or sweepstakes. They may be governed by additional official rules describing eligibility, entry periods, prizes, selection, publicity permissions, and other conditions. If those rules conflict with these Terms for a promotion, the official rules control. Promotions are void where prohibited and are subject to applicable law. We may modify, suspend, or cancel a promotion where reasonably necessary to address fraud, technical failure, legal requirements, or circumstances outside our reasonable control.

9. Acceptable use

You must not, and must not help anyone else to:

• use the Service unlawfully, fraudulently, deceptively, or to violate another person’s rights;
• upload malicious code or content that is unlawful, infringing, discriminatory, harassing, defamatory, or intended to facilitate harm;
• gain unauthorized access to accounts, data, systems, or networks, or bypass security, access, or usage controls;
• probe, scan, overload, disrupt, or interfere with the Service or another customer’s use;
• reverse engineer, decompile, copy, frame, scrape, or create derivative works from the Service except to the limited extent that applicable law does not permit the restriction;
• use the Service to develop or benchmark a competing product, or extract data or outputs at scale using automated means, without our written permission;
• sell, sublicense, rent, or make the Service available to third parties other than authorized Users; or
• remove proprietary notices or misrepresent the source of content or outputs.

Reasonable rate limits and technical safeguards may apply. If we believe an account is being misused, we may investigate and take proportionate protective action.

10. Third-party services and integrations

The Service may interoperate with third-party products such as identity providers, HR systems, collaboration tools, payment processors, hosting providers, and AI providers. If the Customer enables an integration, it instructs us to exchange the information necessary to provide that integration. The Customer is responsible for its relationship with the third party, its configuration, and its compliance with the third party’s terms.

We do not control and are not responsible for third-party services. Their availability, functionality, and data practices may change. We may suspend or discontinue an integration if the third party changes or withdraws its service, or where continuing it would create security, legal, or operational risk. This does not limit our responsibility for subprocessors acting on our behalf under applicable data-protection law.

11. Privacy, data protection, and confidentiality

Our Privacy Policy explains how we handle personal data for our own purposes. Where we process personal data in Customer Content on the Customer’s behalf, the Customer is the controller and we act as its processor, unless applicable law provides otherwise. A data processing agreement may be made available for Customers that require one.

Each party must protect the other party’s non-public information that is identified as confidential or that reasonably should be understood to be confidential. Confidential information may be used only to perform or exercise rights under the agreement and disclosed only to personnel, professional advisers, and service providers who need to know it and are bound by confidentiality duties, or where disclosure is required by law. These duties do not apply to information that the receiving party can show was lawfully known without restriction, independently developed, received lawfully from another source, or made public through no breach of the agreement.

Each party will use reasonable care to protect confidential information and will notify the other without undue delay of a confirmed unauthorized disclosure that materially affects that party. Trade secrets remain protected for as long as they qualify as trade secrets; other confidentiality duties continue for three years after the agreement ends.

12. Our intellectual property

We and our licensors retain all rights, title, and interest in the Service, including its software, workflows, designs, documentation, trademarks, and improvements. Except for the limited right to use the Service stated in these Terms, no rights are granted to the Customer by implication or otherwise.

Third-party or open-source components included in the Service remain subject to their applicable license terms. If those license terms conflict with these Terms solely for that component, the component’s license controls.

13. Feedback and suggestions

If you send us ideas, suggestions, requests, evaluations, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, modify, commercialize, and otherwise exploit that Feedback for any purpose without restriction or compensation. You are not required to provide Feedback. Feedback does not include Customer Content or the Customer’s confidential information, and this section does not give us a right to identify the Customer publicly.

14. Availability, support, and changes to the Service

We use reasonable skill and care to operate the Service, but do not promise uninterrupted or error-free availability unless a separate service level agreement says otherwise. Planned maintenance, emergency work, Internet or provider outages, security incidents, and events outside our reasonable control may affect availability.

We may improve, add, change, or retire features to keep the Service secure, compliant, useful, and commercially sustainable. We will not materially reduce the core functionality needed to use paid case credits without reasonable advance notice, except where immediate action is required for security, legal, or third-party dependency reasons. If a change materially prevents the Customer from using purchased credits, the remedy in Section 7 applies.

Support is available through hello@useflamekeeper.com and the contact page. Unless separately agreed, support is provided on a reasonable-efforts basis without guaranteed response or resolution times.

15. Suspension, account closure, and termination

These Terms begin when the Customer first accepts them and continue until the Customer’s account is closed and all applicable orders have ended. The Customer may stop using the Service at any time and may request account closure through an administrator or by contacting us. Closing an account does not create a right to a refund except as stated in Section 7 or required by law.

We may suspend access immediately where reasonably necessary to prevent harm, address a security risk, comply with law, respond to non-payment, or stop a material breach. Where practical, we will notify the Customer and limit the suspension to the affected account, User, content, or feature. We may terminate the agreement for a material breach that is not cured within 14 days after notice, or immediately if the breach cannot be cured, the Customer becomes insolvent, or continued service would be unlawful.

Before closing an account, the Customer should export information it needs to retain. The Customer may contact us before closure for available export options. After termination, we may delete Customer Content according to the Privacy Policy, applicable data processing agreement, backup cycles, and legal retention duties.

Sections that by their nature should survive will survive termination, including payment obligations, confidentiality, intellectual-property provisions, Feedback, liability, third-party claims, and general terms.

16. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and substantially in accordance with applicable documentation. If the Customer reports a reproducible material failure, we will use reasonable efforts to correct it. This is the Customer’s primary remedy for a breach of this warranty, without limiting mandatory statutory rights.

Descriptions, demonstrations, roadmaps, previews, and statements about future functionality are informational and do not constitute a guarantee unless expressly identified as one in writing. To the extent permitted by law, we do not warrant that the Service or any AI-generated output will be uninterrupted, error-free, complete, accurate, or fit for a particular business outcome.

17. Limitation of liability

Nothing in the agreement excludes or limits liability where doing so is prohibited by law. In particular, each party remains liable without limitation for intent and gross negligence; injury to life, body, or health; fraud; liability under the German Product Liability Act; breach of an expressly assumed guarantee; and any other liability that cannot legally be limited.

For slight negligence, a party is liable only for breach of an essential contractual obligation whose performance is necessary for the agreement and on which the other party may ordinarily rely. That liability is limited to the damage that was foreseeable and typical for this type of agreement when the parties entered into it.

Subject to the preceding paragraphs, neither party is liable for indirect or consequential loss, lost profits, loss of anticipated savings, or business interruption that was not foreseeable and typical. Liability for loss of data is limited to the reasonable cost of restoring data from backups or exports that the Customer maintained or could reasonably have maintained using available functionality.

The limitations in this section also apply to the parties’ officers, employees, agents, and subcontractors.

18. Third-party claims

The Customer will defend us against and reimburse us for reasonable losses, damages, and costs finally awarded by a court or agreed in settlement arising from a third-party claim that Customer Content or the Customer’s use of the Service in breach of these Terms violates that third party’s rights or applicable law. This obligation applies only to the extent the claim was caused by the Customer’s breach and does not apply to the extent caused by us.

We will notify the Customer promptly, provide reasonable cooperation at the Customer’s expense, and allow the Customer to control the defense and settlement. The Customer may not settle a claim in a way that admits fault by us, imposes an obligation on us, or fails to release us, without our written consent, not to be unreasonably withheld.

19. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security requirements, or our business. We will post the updated version and update the date above. For material changes, we will provide reasonable advance notice by email, in-product notice, or another appropriate method.

Changes apply to new Customers and new purchases from their effective date. For an existing agreement, material changes apply when the Customer accepts them or as otherwise permitted by law. Changes required by law or needed to address an urgent security risk may take effect on notice. If the Customer does not agree to a proposed change, it must stop making new purchases and may close its account; existing paid rights remain subject to the version accepted when they were purchased unless law requires otherwise.

20. General terms

Governing law and courts

The agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the courts of Berlin, Germany have exclusive jurisdiction. Any mandatory statutory venue remains unaffected.

Notices

We may send operational and legal notices to the main email address associated with the Customer’s account or through the Service. The Customer must keep that address current. Formal notices to us must be sent to hello@useflamekeeper.com and should identify the Customer and the subject of the notice.

Assignment and subcontracting

The Customer may not assign the agreement without our prior written consent, not to be unreasonably withheld. We may assign it in connection with a reorganization, merger, financing, or sale of all or substantially all of the business or assets relating to the Service, provided the assignee assumes our obligations. We may use subcontractors to provide the Service and remain responsible for their performance as required by the agreement and applicable law.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, civil unrest, labor disputes, epidemics, utility or Internet failures, government action, or widespread failure of a third-party platform, provided it takes reasonable steps to mitigate the effects. This does not excuse payment obligations already due.

Entire agreement; severability; no waiver

The agreement is the entire agreement about the Service and replaces prior discussions or understandings on that subject. A failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, the remaining provisions remain effective, and the invalid provision will be replaced only to the extent permitted by applicable law. Headings are for convenience and do not affect interpretation. The English version governs unless mandatory law requires otherwise.

21. Contact us

Questions about these Terms, purchases, or the Service can be sent by email or through our contact page.