General terms and conditions (AGB)

§ 1 Provider, scope, businesses only

(1) These general terms and conditions (AGB) apply to the use of the CueFlow platform, operated by Valerio Antonelli, Handjerystr. 84, 12159 Berlin, Germany (hereinafter “CueFlow”). They apply to freelancers and to businesses (studios, productions, agencies and other clients) that use CueFlow (hereinafter “users”).

(2) CueFlow concludes contracts exclusively with businesses (Unternehmer) within the meaning of § 14 BGB, i.e. natural or legal persons and partnerships with legal capacity that act in the exercise of their commercial or independent professional activity when using CueFlow. When registering, the user confirms that they use CueFlow as a business and not as a consumer.

(3) Because CueFlow is aimed only at businesses, there is no statutory right of withdrawal for consumers and no withdrawal notice. If someone registers as a consumer contrary to this confirmation, the statutory consumer rights still apply to them, insofar as they are applicable by law.

(4) Deviating terms and conditions of users only apply if CueFlow expressly agrees to them.

§ 2 What CueFlow is: platform and intermediation

(1) CueFlow is an online platform through which businesses find, request and book freelancers, and through which both sides manage dates, messages, documents and invoices. CueFlow provides the software for this.

(2) Contracts for the booked work are concluded exclusively between the booking business and the freelancer. CueFlow is not a party to these contracts, does not owe the booked service and is not liable for its performance, payment or quality. Prices, services and cancellation terms are set by the freelancer; invoices for the booked work are issued by the freelancer, even if they use CueFlow’s invoicing function to do so.

(3) Invoices that freelancers create with CueFlow are their own invoices. The freelancer alone is responsible for their content, the mandatory statutory details and their tax treatment, including the application of the small business rule (Kleinunternehmerregelung, § 19 UStG). CueFlow only provides the software for this; the invoicing function does not replace tax advice.

§ 3 Account

An account is required to use CueFlow. The details given at registration and in the profile must be true and up to date. Access credentials must be kept secret; the user is responsible for actions taken through their account insofar as they are responsible for them. A business can invite further people to its team; it is responsible for ensuring that these people comply with these terms.

§ 4 Bookings and cancellation

A booking request only becomes binding when the freelancer expressly confirms it or when they have enabled instant booking for their service. Unanswered requests expire after the reply deadline shown in CueFlow. Cancellations are governed by the freelancer’s cancellation policy, which is shown at the time of booking and stored with the booking; fees may apply.

§ 5 Plans, free plan and subscriptions

(1) CueFlow can be used with a free plan. The free plan and the paid plans have quotas and feature sets, for example a maximum number of accepted (confirmed or completed) bookings created in the respective calendar month. The quotas and prices according to the pricing page at the time of conclusion, or after a change in accordance with paragraph 5, apply.

(2) Paid plans are subscriptions with a monthly or yearly billing period, depending on the choice made at conclusion. Prices for freelancer plans include statutory VAT; prices for studio and company plans are net, plus statutory VAT. The other amount (net or gross respectively) is shown alongside. Payment is made in advance for the respective billing period via PayPal; other payment methods if offered at conclusion. CueFlow issues an invoice for every payment, which can be retrieved under billing.

(3) The subscription renews automatically for the chosen billing period (one month or one year) unless it is cancelled before that period ends. It can be cancelled at any time, effective at the end of the current billing period: online in the account settings under “Subscription” (Abo), via the page Cancel contracts here or informally by email to support@cueflow.de. The plan remains usable until the end of the paid billing period; after that the free plan applies. Periods already paid for are not refunded pro rata, unless the law provides otherwise.

(4) Switching to another plan is possible under billing. If a payment is not made, CueFlow may downgrade the account to the free plan after a reminder.

(5) CueFlow announces price changes for running subscriptions by email at least 30 days before they take effect. They apply from the next billing period after they take effect. If the user does not agree, they can cancel the subscription before the change takes effect, effective at the end of the current billing period.

(6) CueFlow provides the free plan without any commitment to a particular availability. CueFlow may change the quotas and features of the free plan; CueFlow announces restrictions by email at least 30 days in advance. Liability on the free plan is also governed by § 13.

§ 6 Users’ obligations, content

Users may not post content that is unlawful, misleading or infringes the rights of others, may not harass other users and may not use CueFlow abusively or in a technically disruptive way (for example through automated scraping). Users are themselves responsible for their content (profile, portfolio, messages, documents). They grant CueFlow the rights needed to display this content on the platform and to make it available to their contractual partners.

§ 7 Order of search results (ranking)

(1) Businesses find freelancers through the search. The search term and filters (for example role, skills, location and radius, languages, price, availability, verification, “bookable only”) determine which profiles appear. In the default sort order “Relevance” (Relevanz), the following main parameters determine the order, in this order of priority:

1. Freelancers whom the searching business has itself marked as “preferred” are shown at the top for that business.
2. The freelancer’s plan: profiles on the Premium plan before profiles on the Pro plan, and these before profiles on the free plan.
3. Whether the profile carries the “Verified” badge. CueFlow awards it automatically when the email address is confirmed and the account is active, the profile contains a photo, a description, an active service with a price and working hours, at least one completed booking was rated 4 or more stars by the booking business, and the ratings average at least 4.0. If a requirement is no longer met, the badge is removed. In justified individual cases CueFlow may also award or remove it itself.
4. The rating from completed bookings.
5. The number of completed bookings.
6. The age of the profile (newer first).

(2) The plan therefore affects the order in return for payment; beyond that, there is no payment solely for a better placement. Businesses can instead sort by rating, price, newest or (for a radius search) distance. Profiles that are not public, that are suspended or that the searching business has blocked are not shown.

§ 8 Differentiated treatment

CueFlow does not offer services of its own that compete with those of the freelancers. Differences in treatment arise only from the chosen plan: paid plans have higher quotas and further features, and affect the order of search results as described in § 7. CueFlow does not oblige users not to offer their services elsewhere or not to offer them on other terms.

§ 9 Restriction, suspension and termination by CueFlow

(1) CueFlow may restrict the visibility of a profile or of individual content, temporarily suspend an account or remove content if the user violates these terms or applicable law, provides false information, deceives or endangers other users, if there is a substantiated report of unlawful content, or if an order by an authority or a court requires it.

(2) CueFlow informs the user of the reasons in text form (usually by email) no later than when the measure takes effect, states the underlying facts and gives them the opportunity to clarify the matter.

(3) CueFlow may terminate the user agreement as a whole with 30 days’ notice; the reasons are given with the termination. CueFlow may terminate without notice if there is a legal or regulatory obligation to do so, if there is good cause under applicable law, or if the user has repeatedly violated these terms. The user can end their free access at any time by deleting their account.

§ 10 Access to data

(1) During the contract, every user sees the data they have posted themselves and the data of their bookings, messages and invoices; the other party to a booking sees the data needed for that booking. CueFlow only passes on contact details such as the phone number in the context of a booking. Every user can export a copy of their data in the account settings, even after termination, as long as the account has not been deleted.

(2) After the contract ends, CueFlow deletes the data within the periods described in the privacy policy; data that must be retained by law (for example invoices) remains stored until the end of the retention period. CueFlow does not pass on other users’ data, except to the respective other party to a booking, to service providers that CueFlow uses to run the platform, or where the law requires it.

§ 11 Complaints and mediation

(1) Complaints, including about measures under § 9 or about the ranking, should be sent to support@cueflow.de. CueFlow reviews every complaint and replies in text form. CueFlow is a small enterprise within the meaning of Recommendation 2003/361/EC and is therefore not obliged under Art. 11(5) and Art. 12(7) of Regulation (EU) 2019/1150 to set up an internal complaint-handling system or to designate mediators. CueFlow does not currently offer mediation.

(2) Reports of unlawful content can also be submitted directly via “Report” on profiles and messages; the single point of contact under the Digital Services Act is given in the legal notice (Impressum).

§ 12 Availability

CueFlow strives for uninterrupted operation but does not owe any particular availability. CueFlow carries out maintenance without interruption wherever possible. CueFlow may develop the platform further and change features, provided the contractually agreed core of the paid plans is preserved.

§ 13 Liability

CueFlow is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act (Produkthaftungsgesetz). In the case of slight negligence, CueFlow is only liable for breach of essential contractual obligations (obligations whose fulfilment makes the contract possible in the first place and on whose observance the user may rely), limited to the foreseeable damage typical for the contract. Otherwise liability is excluded. CueFlow is not liable for contracts between businesses and freelancers (§ 2).

§ 14 Data protection

How CueFlow processes personal data is set out in the privacy policy.

§ 15 Changes to these terms

CueFlow notifies users of changes to these terms by email at least 30 days before they take effect. Anyone who does not agree can terminate the contract before then; a running subscription then ends at the end of the paid billing period. Shorter periods only apply if a legal or regulatory obligation requires the change.

§ 16 Applicable law, place of jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is CueFlow’s registered office (Berlin).