We, NewVariable Digital Solutions Private Limited, India (“NewVariable”; “Flask;
"we"), have developed the application "Flask.io" ("Flask") which can be downloaded at www.flask.io and other
domains or can be used online. Flask is an organizational tool for managing and sharing lists and tasks. Flask
enables users to digitally organize private and business appointments, manage tasks, organize work, communicate
and much more. Flask can be used and operated quickly, fully and easily on devices throughout the world and on
most conventional and current operating systems.
1. Scope: Who and What Do These Conditions Apply to?
services and rules for the contractual relationship between you and us. Your own General Terms and
Conditions of Business will only become part of this agreement if we have explicitly agreed upon this in
applications within Flask. However, we will duly inform you of such additional Terms and Conditions before
at both end users and businesses. End users are persons who conclude legal transactions for a purpose that
can be ascribed neither to their commercial nor self- employed professional activities. Businesses are
either natural persons, legal entities or legally capable partnerships who exercise their commercial or
self- employed professional activities when concluding a legal transaction.
2. Purpose of the Agreement: Scope of Flask's Offer
2.1 The purpose of this agreement is the paid or free of charge use of the Flask
applications, which can be retrieved via www.flask.io as a web application or via desktop applications and
corresponding mobile applications ("apps"). All data are stored in the Cloud and can thus be retrieved at
any time by various types of terminals or a web application. In which form and on which devices you can use
Flask is described at www.flask.io. Flask provides the following for the use of various different
Each user has her own profile.
Each user-profile contains various tools and features as well as pre-installed
lists. You can use these lists, create additional lists and invite other users to those lists. As the
administrator, you are responsible for the lists you have created and are free to decide whom you want
to invite. You can use our predefined colors and motifs to design the background.
You can also be invited to lists created by other users or providers. However,
your are not automatically entitled to be invited. Administrators are free to decide whom they invite to
If you have logged on via your Facebook or Twitter account, you can invite
people who have not yet registered to Flask via your friends' list.
You can also invite unregistered persons to Flask by entering their email
For a fee, you can subscribe to a PRO Account. The exact scope of services can
be seen in the description of services of the PRO Accounts which you can access at /pro
2.2 Flask allows that you connect to other users. We provide the technical
requirements in the form of the applications. We are not involved in the connection or communication
2.3 In the future, external development partners will be able to offer
applications/features via Flask which you can integrate into your Flask profile. The price of these
applications/features will be determined solely by the development partner. You will enter into the
agreement for use for these applications/features solely with the development partner.
2.4 Flask will be available for use ("system uptime") 24 hours a day, 365 days a
year with 97% availability on average ("SLA"). If maintenance work is necessary and if Flask is not
available for maintenance reasons, we will duly inform you. Disruptions to Flask for maintenance reasons
will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes
and, in particular, for downtimes in which Flask cannot be accessed due to technical or other problems
outside our area of influence, e.g. force majeure, fault of third parties.
3. Registration, Concluding Contracts, Use of Flask: Rights and Responsibilities
3.1 Downloading Flask
3.1.1 You can download Flask as a web app or a desktop app or as a mobile app
for various devices whenever released.
3.2 Registration, Conclusion of a Contract
3.2.1 You can use Flask without registering. However, non-registered accounts
may be restricted in terms of time and range of functions.
3.2.2 To be able to use all the functions of Flask, you will need to
3.2.3 We offer you various registration options. You can choose which of these
options you would like to use to register.
3.2.4 To register with Flask you must supply the required data truthfully and
fully if these are not voluntary details. You must choose a user name and an email address at which we
can contact you. After you have registered, we will send you a confirmation of your registration via
email together with these Terms and Conditions. The registration process will not be completed until you
have received this email ("Conclusion of Registration").
3.3 Concluding the Agreement
3.3.1 Web App and Desktop App
In the case of the web and the desktop app, you have concluded an agreement
with us once you have downloaded the app and/or used it for the first time.
3.3.2 Mobile Apps
In the case of the mobile apps, you conclude an agreement for use when you
click on the "Install" button on the product description page of the relevant app store and, where
required, you enter your password.
3.3.3 There is no entitlement to conclude an agreement for use. We can decline
to accept your registration at any time without giving reasons. In this case, we will of course delete
all of your information and data.
3.4 You may use all of the free features of Flask free of charge. Using features
that are not free of charge as a “PRO” user may incur charges.
3.5 You are responsible for keeping your password confidential. This means, that
you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and
that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused
or if you suspect that they have been lost or misused, you must notify us of this immediately via email at:
3.6 Rules for Using Flask
3.6.1 When using Flask you must obey all of the relevant laws and other legal
provisions of India. In particular, you may not enter and/or disseminate unlawful data or data that
infringes copyrights and any other third party rights. Such data includes but is not limited to: text,
images, graphics or links. You are solely responsible for the data and content you provide. We do not
examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is
technically possible to examine it for viruses.
3.6.2 You have the option of uploading a profile picture and, as indicated,
other content in your profile if the feature is available. Before you upload any document, you must
ensure that you are the owner of the exclusive usage rights of the document and that making the document
publicly available is not against any laws, moral standards and/or the rights of third parties.
3.6.3 You may not upload any files depicting violence or pornographic,
discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them
publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to Flask
if you have the consent of each person.
3.6.4 You, as well as we, can delete or replace photos or other pictures at any
time. In particular, we are entitled to remove pictures or files without prior warning if and when there
is good reason to believe that publishing them on Flask violates the law, moral standards and/or the
rights of third parties.
3.6.5 Content and texts posted on Flask may not be copied, disseminated or made
publicly accessible in any other way without the explicit consent of the owner of the rights unless this
is permitted by law.
3.6.6 Acts of harassment such as sending chain letters or communications of a
salacious or sexual nature are not permitted.
3.6.7 You are not allowed to attack the operational capacity of Flask by any
means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using
or sending spy software, viruses or worms.
3.6.8 If you violate these rules, we will be entitled to issue you a warning,
temporarily block your use of Flask or, if appropriate, to fully exclude you from its use. We are
entitled to remove illegal content immediately.
3.7.1 You will indemnify us from all claims, including damages claims, asserted
against us by other users or other third parties, including public authorities, due to violations of
their rights due to content that you have uploaded to Flask. Furthermore, you will indemnify us from all
claims, including damages claims, asserted against us by other users or other third parties, including
public authorities, due to violations of their rights as a result of your use of Flask. You will bear
all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a
result of your violation of the rights of third parties. All of our further rights and damage claims
will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than
3.7.2 The above-mentioned obligations will only apply if you are responsible
for the violation of rights in question; in other words, if you have knowingly or deliberately omitted
to exercise due diligence.
3.8 Data Backup
You will take the necessary measures according to your own risk assessment to
regularly backup the data and content you have entered, uploaded and stored on Flask, and create your own
backup copies in order to guarantee reconstruction of the data and content in case of data loss.
3.9 Identity of Users
Technically, we are not capable to definitively determine whether a registered user
on Flask actually has the identity she claims to have. We therefore cannot guarantee the correct identity of
4. Responsibility for Content
4.1 We accept no responsibility for texts, content, images, data and/or information
uploaded by you or other Flask users. Furthermore, we accept no responsibility for design and/or content of
external websites linked to from Flask. In particular, we give no guarantee that the content showed in Flask
is true, fulfils any particular purpose or can serve any particular purpose.
4.2 If you notice or suspect any illegal or non-contractual use of Flask, you can
report this to us at any time via this email address:
5. PRO Accounts
Certain features are only accessible to users who have registered as PRO users and who
pay for PRO Accounts. You will find all the benefits and features of Flask PRO Accounts on
5.1 Payment and Invoicing
5.1.1 Payment for using Flask PRO Accounts is made in accordance with the
invoicing conditions selected by you. The price and discounts that apply and are accepted by all parties
at the moment of transaction are indicated at: www.flask.io/pro.
5.1.2 Prices of applications of third-party providers or external developers
are determined explicitly by them.
5.1.3 Charges are due at the beginning of each invoicing period. If you have a
subscription, it will renew automatically until you cancel. Every further payment will be due at the
beginning of the new payment cycle.
5.1.4 All charges and prices stated include the applicable value added
5.1.5 You may only offset invoices against legally determined or undisputed
claims or right of retention. You may only assign claims arising from this agreement with our written
5.2 Default of Your Payments
5.2.1 If you are delayed with your payment obligations (including immediately
after the first default), we will be entitled to block access to your Flask PRO Account. If your account
is considerably in arrears, we will be entitled to terminate the agreement without notice. A
“considerably” is defined as the amount of one payment. In this case, you will remain obliged to
reimburse the outstanding amount.
5.2.2 The amount of damage is to be set higher or lower if we or you are able
to prove greater or lesser damage.
5.2.3 We reserve the right to assert further claims for default of
6. Term of Your Licensing Agreement and Termination
6.1 Free Use of Flask
6.1.1 The agreement on free use of Flask apps is for an indefinite
6.1.2 You can terminate the agreement at any time by selecting the "delete your
account" option in the account settings, thereby deleting your account. On termination, unsecured data
will be lost as we will delete your account completely. We will inform you of this again separately
before we delete your account.
6.1.3 We can terminate this agreement in writing with a notice period of two
(2) weeks (email will be sufficient).
6.2 Use of PRO Accounts
6.2.1 Depending on the PRO Account payment method, the agreement is concluded
for an indefinite term or for a given fixed minimum term ("Minimum Term Agreements").
6.2.2 Both parties may terminate the agreement at any time. If you change to
another PRO Account category, this will not constitute termination. We will simply adapt the conditions
of payment and your rights to your new PRO Account category.
6.2.3 Agreements with a minimum term will run until the end of the agreed
period and will be extended automatically by the same period if you do not terminate your Account
beforehand by deleting it in accordance with No. 6.1.2 or by downgrading it to free use. If you
terminate or downgrade a PRO Account, the original agreements will run to the end of the agreed term and
will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
6.3 In addition, the agreement may be terminated for just cause. Just cause, which
would entitle NewVariable to terminate the agreement, would be if you breach your contractual obligations,
in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations
in accordance with Section 5.2.1.
7. Liability for Defects
7.1 We are only liable for defects in Flask in accordance with Section 7 provided
the impairments are not due to the restrictions in availability (SLA) described in Section 2.4.
7.2 A defect will always be deemed to exist if the suitability for contractual use
is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will
be released from paying your charges in accordance with No. 5 until the defect is corrected. If use is
partially available, the charges will be reduced to an appropriate level for the period until the defect is
7.3 You must inform us of the defect in writing or by email immediately.
7.4 You are not entitled to damages due to a defect to Flask due to a circumstance
for which we are not responsible, either existing when you sign the agreement or occurring
7.5 Further claims and rights for defects to Flask—other than those explicitly
named in No. 7—will not be recognized except if we are held liable for them by statutory provisions.
8.1 Free Use of Flask
Our liability for use of the free Flask product is restricted to intention and
gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of
intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be
restricted to typical and foreseeable damage. Any further liability is excluded.
8.2 Use of the PRO Accounts for Payment
We will be liable as follows for use of PRO Accounts made available against
8.2.1 Claims by users for compensation will not be recognized. Exceptions are:
damages claimed by users for death, physical injury, harm to human health, the breach of essential
contractual obligations (cardinal obligations) or liability for other damage resulting from an intently
or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal
obligations within the meaning of these Terms and Conditions are those obligations that make the due
performance of this agreement and the achievement of its objectives possible in the first place, and on
the regular compliance of which the user may therefore rely.
8.2.2 Where essential contractual obligations are violated, we will only be
liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused
negligently, unless the damage claims by the user refer to cases of death or injury to body or
8.2.3 The restrictions of Sections 8.2.1 and 8.2.2 will also apply in favor of
our legal representatives and assistants if claims are asserted against these parties directly.
9. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
9.1 This agreement shall be governed by the laws of India.
9.2 If you have no place of jurisdiction in India or, if you have transferred your
residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes
arising from this agreement will be the location of our registered offices.
the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the
Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in
the case of omissions in these provisions.
9.4 We reserve the right to amend and adapt these Terms and Conditions with effect
or access them at
www.flask.io/terms-of-use/. You will be notified by email no later than one month before new Terms and
suitable form about the significance of the one month's notice period, your right to object and the legal
consequences of non-objection. This amendment mechanism does not apply to amendments to the parties' main