Terms of Business and Operating Conditions

Effective from: 1 February 2026


1. Introductory Provisions


These Terms of Business govern the relationship between the service provider SmartflowAI, with its registered office in Sweden: Viksberg 101, 73397 Sala, e-mail: info@smartflowai.eu (hereinafter the “Provider”), and the ordering party (hereinafter the “Client”), in the area of consulting, audit and support in the field of artificial intelligence, digital automation and implementation of generative AI tools.

The Provider operates as a self-employed person established in Sweden and provides services primarily online to clients from the Czech Republic and the European Union.


2. Scope of Services


SmartflowAI offers services focused particularly on:

  • strategic consulting regarding the use of AI within an organisation,
  • mapping and auditing of internal processes,
  • proposal of solutions and selection of suitable tools (Google Workspace, Make, generative AI, etc.),
  • training, mentoring and education of employees,
  • creation of internal company rules for the use of AI in compliance with legislation (AI Act),
  • implementation and testing of solutions, including support during change management.

Services are always tailored to the Client’s specific needs and specified by mutual agreement.


3. Order and Conclusion of Contract

The contractual relationship arises upon confirmation of the order by the Provider. The order is considered bindingly concluded in one of the following ways:

  • by confirmation of the offer by the Client via e-mail,
  • by signing a cooperation agreement,
  • by completing and submitting an order form together with acceptance of these Terms.

Oral consultations and non-binding enquiries shall not be considered conclusion of a contract until confirmed by e-mail.

By submitting an order or confirming an offer, the Client confirms that they have familiarised themselves with these Terms of Business and agree to them.

4. Prices and Invoicing


The price of services is agreed individually according to the type and scope of the service.

Unless agreed otherwise, payments are made on the basis of an invoice with a due date of 14 days.

The Provider is not VAT registered.


5. Cancellation of Agreed Services


Cancellation of a scheduled consultation, audit or training is possible free of charge no later than 24 hours in advance.

In the event of later cancellation, the Provider reserves the right to charge a cancellation fee of up to 50% of the agreed price.


6. Withdrawal from Contract (Consumers)


This article applies only to Clients acting as consumers (natural persons not carrying on business).

  • Period: The consumer has the right to withdraw from the contract without stating any reason within 14 days from its conclusion. To withdraw, it is sufficient to send an unequivocal notice by e-mail to the Provider’s address.
  • Refunds: In the event of withdrawal, the Provider shall return all payments received to the Clien without undue delay, no later than within 14 days.
  • Exceptions to the right of withdrawal: The consumer has no right to withdraw if:
    ◦ the service has already been fully provided,
    ◦ provision of the service began before expiry of the withdrawal period with the consumer’s express consent and the consumer was informed that by giving such consent they lose the right of withdrawal.

7. Confidentiality (NDA)

7.1 Confidentiality Obligation


Both parties undertake to maintain confidentiality regarding all confidential information learned during cooperation. Confidential information means all non-public business, technical and strategic information, client data and know-how of the other party.


7.2 Scope


The parties may not disclose such information to any third party without the consent of the other party, except where required by law. This obligation continues after termination of cooperation.


7.3 Sharing with Other Suppliers


The Client is entitled to disclose the Provider’s confidential information to third parties (e.g. other agencies, IT suppliers) only if necessary for the project and if the third party is bound by confidentiality (NDA) to the same extent.


7.4 Contractual Penalty


In the event of breach of confidentiality by the Client or by a third party to whom the Client disclosed the information (under Clause 7.3), the Client shall pay the Provider a contractual penalty of EUR 2,000 (in words: two thousand euros) for each individual breach.

The contractual penalty is payable within 14 days from delivery of a written request for payment.

Payment of the contractual penalty does not affect the Provider’s right to claim damages in full exceeding such penalty.


8. Intellectual Property and Use of Deliverables

8.1 Ownership

All deliverables created by the Provider within the assignment (in particular strategies, process maps, automation settings, prompt engineering and training materials) remain the intellectual property of the Provider.


8.2 Licence for the Client


The Provider grants the Client a non-exclusive, unlimited-term licence to use these deliverables exclusively for its own internal needs.

Definition of internal needs: includes use by the Client’s employees and external contractors (e.g. marketing agencies, freelancers), provided they are bound by confidentiality and use the deliverables solely to support the Client’s business.


8.3 Exception for External Contractors (Subcontracting)


“Internal needs” also includes making deliverables available to the Client’s external collaborators (e.g. external IT administrators, developers, marketing agencies) under the conditions set out in Clause 7.3 and provided that the external contractor does not use the know-how for its own business.


8.4 Responsibility


The Client is fully responsible for ensuring that its employees and authorised third parties comply with the licence conditions and confidentiality obligations. Breach by an employee or third party shall be deemed a breach by the Client.


8.5 Prohibition of Distribution


Without the Provider’s prior written consent, it is not permitted to publish, sell, license to third parties, or use the deliverables to create competing products.


9. Liability

9.1 Professional Care


The Provider is responsible for the professional correctness of procedures and settings, but not for the Client’s specific business result.


9.2 Specific Nature of Generative AI


The Client acknowledges that outputs generated by artificial intelligence tools (LLMs) may contain errors or so-called hallucinations.

The Client is obliged to verify all AI outputs through human review before commercial use.

The Provider shall not be liable for damage caused by uncritical reliance on generated content.

9.3 Dependence on Third Parties


The Provider shall not be liable for temporary outages, API changes, or termination of third-party services (e.g. OpenAI, Google, Make).


9.4 Training


For educational activities, the Provider shall not be liable for the subjective degree of knowledge acquired by individual participants.


9.5 Limitation of Damages


Except in cases of wilful misconduct or gross negligence, the Provider’s total liability for any damage arisingin connection with the provision of services shall be limited to the amount paid by the Client for the specific service from which the damage arose.

The Provider shall not be liable for loss of profit or indirect or consequential damages.


10. Final Provisions

10.1 Validity and Amendments


These Terms of Business are published on the Provider’s website and become effective on the date stated in the heading.

The Provider reserves the right to amend them.

The Client shall be informed of amendments by e-mail or notice on the website at least 14 days before they become effective.

If the Client does not agree with the amendments, the Client has the right to terminate the cooperation as of the effective date of the amendments without sanctions.


10.2 Governing Law


Relations between the Provider and the Client shall be governed by the laws of the Kingdom of Sweden.


10.3 Dispute Resolution


The parties undertake to resolve any disputes primarily amicably or through mediation.

If no agreement is reached within 6 weeks from delivery of a written request to resolve the dispute, the dispute shall be settled before the competent court in Sweden.

Complains Policy Smartflow AI


This Complaints Policy supplements the Terms of Business of Smartflow AI and regulates the procedure for exercising rights arising from defective performance in consulting, implementation and training services.


1. Subject of Complaint (What May Be Complained About)


The Provider undertakes to provide services conscientiously and in accordance with its professional qualifications.

However, services are provided on a best effort basis.

Only demonstrable factual or procedural defects may be complained about, in particular:

  • failure to comply with the agreed scope of services or timetable (e.g. consultation not held),
  • technical errors and non-functionality of the implemented solution on the Provider’s side.

2. Exclusions from Complaints (What May Not Be Complained About)


Given the nature of consulting services and artificial intelligence technologies, complaints do not apply to:

  • failure to achieve a business result: recommendations and solutions are not a guaranteed method of achieving a specific business objective (e.g. increased profit). Responsibility for business decisions rests solely with the Client,
  • AI model errors (hallucinations): the Provider is not responsible for factual inaccuracies or errors in outputs generated by third-party tools (e.g. ChatGPT). The Client is obliged to review such outputs,
  • outages of third-party tools: unavailability of services or API changes by platforms such as OpenAI, Google Workspace or Make.

3. Method of Submitting a Complaint


The Client is obliged to submit a complaint in writing without undue delay after discovering the defect to the e-mail: info@smartflowai.se.

The notice must contain a description of the defect (how the service does not correspond to the agreement) and ideally supporting materials for assessment (e.g. screenshot of non-functioning automation).


4. Handling of Complaints


The Provider shall assess the complaint and decide on the method of settlement without undue delay, no later than within 30 days of receipt.

In the event of a justified complaint, the Client is primarily entitled to free remedy of the defect (e.g. correction of settings, replacement consultation date).

If remedy is not possible or purposeful, the Client is entitled to an appropriate discount on the price of the service.

Refund of the full price is possible only in cases of fatal defects.

The Provider’s liability for damages is always limited to a maximum of the amount paid by the Client for the complained service.


5. Dispute Resolution


If the Client disagrees with the manner in which the complaint has been handled, both parties undertake to resolve the dispute primarily amicably or through independent mediation.