Terms & Conditions
Flak
1. Definitions
In these Terms:
“Flak” means Flak, CVR 46260171.
“Customer” means the business entity (B2B), or for Open Source a natural person (B2C), accepting these Terms.
“Software” means Flak’s proprietary software made available for download, including any updates and documentation provided by Flak, and includes any online components made available via Flak’s website, web application, or user portal.
“License” means the limited right to install and use the Software as set out in these Terms and the selected Package.
“Package(s)” means the Minimum, Business, or Open-Source package described in Section 3.
“Order” means the online order flow confirmed by Flak (including package, price, and billing term).
2. Formation of Contract
2.1. These Terms govern all B2B supplies of the Software. By placing an Order, downloading, installing, or using the Software, the Customer accepts these Terms.
2.2. Any Customer terms are excluded unless expressly accepted in writing by Flak.
3. Packages, Fees, Billing and Payment
3.1. Packages and scope:
Minimum: for teams starting API test automation and confidence.
• Price: As stated on pricing page on Flak’s website per user per month, billed either monthly or annually. Includes up to 3 users, access to Flak Desktop, unlimited workspaces, unlimited automated tests, unlimited requests, basic email support, and a 30‑day free trial.
Business: for organisations at scale.
• Price: As stated on pricing page on Flak’s website per user per month, billed either monthly or annually. Includes everything in Minimum plus unlimited users and priority email support.
Open Source:
• Free access for open-source projects (by application and Flak’s discretion). Includes unlimited users, access to Flak Desktop, unlimited workspaces, unlimited automated tests, unlimited requests, and community support.
3.2. Billing, taxes and due date:
3.2.1. Subscriptions are either i) billed annually in advance based on the number of users under the selected Package, or ii) billed monthly based on the number of users under the selected Package,
3.2.2. Prices are exclusive of VAT, sales taxes, duties, or similar charges unless stated otherwise.
3.2.2.1. Flak handles VAT where applicable; amounts may vary by jurisdiction due to tax, levy, exchange rate or regulatory changes. Any such changes may be added to or adjusted in the Customer’s invoice at Flak’s sole discretion and at any time.
3.2.3. Invoices are due upon receipt unless otherwise stated in the Order.
3.3. Late payment & Suspension for non‑payment:
3.3.1. Late amounts accrue interest at 8 % per month (or the maximum rate permitted by applicable law, if lower) from due date until paid.
3.3.2. Flak may charge reasonable reminder/dunning fees and recover collection costs.
3.3.3. If any amount remains unpaid 24 hours after due date, Flak may suspend access to the Software with immediate effect until all overdue amounts (including interest and fees) are paid. Suspension does not relieve the Customer of payment obligations for the remaining term.
3.4. Changes in users and packages:
3.4.1. Additional users or upgrades during a term are charged pro‑rata for the remaining term.
3.4.2. Downgrades take effect from the next renewal.
3.5. Price changes:
3.5.1. Flak may adjust prices on 14 days’ notice. If the Customer does not accept a change, the Customer may terminate with effect from the end of the then‑current prepaid term, no refunds for prepaid periods.
3.5.2. For multi‑year prepayments (if offered and purchased), price changes apply only from the next renewal unless expressly stated otherwise at purchase.
4. Delivery and Installation
4.1. The Software is delivered by download from Flak’s website. Following download, the Software runs in the Customer’s own IT environment and systems.
4.2. The Customer is solely responsible for installation, configuration, testing, security hardening, integrations, and ongoing operation.
5. License Grant and Restrictions
5.1. Subject to payment of applicable fees and continued compliance with these Terms, Flak grants the Customer a limited, non‑exclusive, non‑transferable, non‑sublicensable license to install and use the Software within the Customer’s organisation, in accordance with the selected Package and user limits.
5.2. Except to the extent mandatorily permitted by applicable law, the Customer must not: copy (beyond necessary backup), distribute, sell, rent, lease, lend, sublicense, make available or provide the Software to third parties; modify, adapt, translate, reverse engineer, decompile, or disassemble the Software; remove or alter proprietary notices; use the Software to develop a competing product; or use the Software in violation of export, sanctions or other applicable laws.
6. Intellectual Property
6.1. All intellectual property rights in and to the Software, documentation and any updates or modifications are and remain exclusively with Flak and its potential licensors. No ownership is transferred.
6.2. The Customer obtains only the limited, non‑exclusive, non‑transferable and non‑sublicensable license expressly granted in Section 5. All other rights are reserved.
6.3. Except as mandatorily permitted by law, the Customer must not: i) copy, distribute or make the Software available to third parties, ii) modify, adapt, create derivatives or merge, iii) reverse engineer, decompile or disassemble, iv) remove or alter proprietary notices, v) use the Software to develop or train a competing product or model, or vi) sublicense, assign or transfer rights.
6.4. Configurations, scripts, adapters or other changes based on or incorporating the Software are deemed part of the Software and owned by Flak; to the extent rights do not vest, the Customer assigns them to Flak. Feedback may be used freely by Flak without restriction or compensation.
6.5. Any third‑party open source-components are licensed under their own terms; nothing herein limits the Customer’s rights under those licenses.
6.6. Flak names and logos are trademarks of Flak. No rights are granted except as expressly permitted in Section 20 or with Flak’s prior written consent.
6.7. The Customer must not circumvent technical protection measures. Unauthorised use may cause irreparable harm, and Flak may seek injunctive relief in addition to other remedies.
6.8. Third‑party IP claims are governed by Section 15; limitations in Section 14 apply. This Section 6 survives termination.
7. Open Source / Non‑Commercial Free License
7.1. Flak may, at its sole discretion, grant a free, limited, non‑exclusive, non‑transferable, non‑sublicensable and revocable license for non‑commercial use, including for private users or non‑profit entities, and for open-source projects. Access is by application and subject to Flak’s eligibility criteria.
7.2. Non‑commercial scope and revocation:
7.2.1. Use must be exclusively non‑commercial and must not directly or indirectly support revenue‑generating or commercial activities.
7.2.2. Flak may modify, suspend, or revoke such free access or special terms at any time, without notice, reason, compensation, or liability. Upon revocation or suspension, the Customer must cease all use and uninstall the Software.
7.2.3. Any free or specially granted license does not affect Flak’s ownership of IP.
8. Trial and Auto‑Conversion
8.1. Minimum includes a 30‑day free trial. Trials are “as‑is” and may be changed, suspended, or discontinued at any time.
8.2. Unless the Customer cancels before the end of the trial, the subscription will automatically convert as follow: i) if more than three users are configured at the time of conversion, to the Business Package, ii) if three or fewer users are configured, to the Minimum Package. In both cases, fees will apply at the then‑current subscription price and will be billed monthly based on the number of users configured at conversion. After conversion, continued use is subject to payment in accordance with Section 3.
9. Support and Service Levels
9.1. For the different Packages, the following support and service levels apply:
Minimum: basic email support.
Business: priority email support.
Open Source: community support only. Unless expressly and specifically agreed in a separate written SLA signed by Flak, i) no uptime or availability commitment applies, ii) no response or resolution times are guaranteed, and iii) Flak has no obligation to provide updates, upgrades, new features, patches, or maintenance. Flak may, at its discretion, provide updates or changes from time to time.
10. Customer’s Environment, Implementation and Compatibility
10.1. The Software is provided solely for installation and operation in the Customer’s own IT environment and under the Customer’s exclusive control. The Customer is responsible for all hardware, operating systems, networks, runtimes, libraries, databases, middleware, identity and access management, certificates/keys, and any other dependencies required to install and operate the Software.
10.2. Before any production use, the Customer must independently evaluate and validate the Software’s suitability for the Customer’s intended purpose and environment, including by conducting due diligence, security reviews, compatibility checks, and comprehensive testing in a separate non‑production sandbox reflecting the target production environment.
10.3. The Customer bears full and sole responsibility for installation, configuration, parameterisation, customisation, scripting, automation, integrations, pipeline/CI‑CD setup, version management, and change management (including roll‑back plans). Flak has no obligation to perform, verify, or warrant any of the foregoing unless expressly agreed in a separate signed statement of work.
10.4. Flak does not warrant or ensure interoperability with the Customer’s or any third party’s systems, software, APIs, SDKs, plugins, services, infrastructure, or data formats. The Customer is responsible for all third‑party licenses, subscriptions, and consents. Any failure, modification, deprecation, rate‑limit, outage, or incompatibility in third‑party systems or services is at the Customer’s risk and cost.
10.5. The Customer is solely responsible for managing and testing all changes in its environment (including but not limited to OS/kernel patches, runtime/library updates, infrastructure changes, security controls, and new versions of the Software) prior to deployment in production. The Customer acknowledges that changes in its environment may impact operation or performance of the Software, and such impact is at the Customer’s sole risk.
10.6. The Customer is solely responsible for securing its environment and use of the Software, including secure configurations, least‑privilege access controls, MFA, key and secret management, network segmentation, logging/monitoring, and timely application of security patches. The Customer must prevent and is responsible for any unauthorised access or use of the Software via the Customer’s systems or credentials.
10.7. The Customer is solely responsible for the accuracy, quality, legality, and integrity of Customer data processed by or in connection with the Software, and for implementing appropriate backup, redundancy, business continuity, and disaster recovery measures. Flak has no responsibility for data loss, corruption, recovery, or reconstruction, regardless of cause.
10.8. Unless expressly agreed in a separate signed agreement, the Software is not designed for and must not be used in high‑risk environments requiring fail‑safe performance (including but not limited to life‑support systems, medical devices, aviation, nuclear facilities, critical infrastructure, or real‑time control systems). Any such use is strictly at the Customer’s own risk.
10.9. Any beta, preview, experimental, or trial features are provided “as‑is”, may be modified or withdrawn at any time, and are subject to heightened risks of defects, instability, and incompatibility. The Customer must not rely on such features for production use unless independently validated and controlled by the Customer.
10.10. The Customer shall provide timely cooperation, accurate information, and qualified personnel to implement and operate the Software. The Customer must promptly notify Flak of any material issues, security incidents related to the Software, or suspected non‑compliance with these Terms, and implement reasonable mitigations as instructed by Flak.
10.11. The Customer acknowledges it has not relied on any statement, warranty, or commitment not expressly set out in these Terms. Without limiting Sections 13–15, Flak has no responsibility for the Customer’s environment, implementation, or interoperability. To the extent legally permissible, the Customer’s exclusive remedy for issues arising from the Customer’s environment, implementation, or compatibility is reasonable support guidance (if included in the applicable Package); Flak has no obligation to modify the Software to achieve interoperability.
10.12. The allocations of responsibility and risk in this Section 10 are fundamental to the commercial basis of these Terms and apply regardless of any advice, recommendations, examples, or assistance (whether paid or unpaid) that Flak may provide. Nothing in this Section limits mandatory rights that cannot be excluded under applicable law.
11. Compliance, Audit and Export
11.1. The Customer must comply with all applicable laws, including export control and sanctions.
11.2. Flak may, on reasonable notice, audit the Customer’s compliance with user limits and license scope by requesting written confirmations and relevant logs; where material non‑compliance is identified, the Customer must promptly procure the required licenses and pay underpayments plus reasonable audit costs.
12. Data and Confidentiality
12.1. The Software is delivered by download, and Flak does not process personal data on behalf of the Customer in connection with the License.
12.2. Each party shall keep confidential non‑public information received from the other in connection with these Terms, using at least reasonable care.
13. Warranties and Disclaimers
13.1. The Software is provided “as is” and “as available”. To the maximum extent permitted by law, Flak disclaims all warranties, conditions, and representations, express or implied, including merchantability, fitness for a particular purpose, satisfactory quality, accuracy, and non‑infringement.
13.2. Customer responsibility:
i) The Customer is solely responsible for assessing and managing risks arising from its specific setup and system landscape before deploying the Software.
ii) If the Software does not function with the Customer’s systems, software, integrations, or infrastructure, this is the Customer’s responsibility.
iii) The Customer is solely responsible for maintaining appropriate backups, redundancy, business continuity and disaster recovery arrangements.
14. Liability and Limitations
14.1. Flak is liable only for damages caused by intent or gross negligence. Flak is not liable for simple negligence, except where mandatory law provides otherwise and only for typical, foreseeable damages.
14.2. To the maximum extent permitted by law, Flak is not and can never be liable for:
i) indirect, special, exemplary, punitive or consequential losses,
ii) loss of profit, revenue, business, goodwill, or opportunity,
iii) loss, corruption or recovery of data,
iv) losses caused by outages, downtime, or service interruptions,
v) losses due to incompatibility or interoperability issues,
vi) losses caused by third‑party systems or services,
vii) losses arising from the Customer’s misuse, misconfiguration, or failure to test,
viii) losses caused by unauthorised changes to the Software or the Customer’s environment and/or
ix) any losses arising out of or related to the Customer’s environment, configuration, integrations, third‑party systems or services, change management, security controls, access management, backups, or data (as further described in Section 10).
14.3. Subject to Section 14.4., Flak’s aggregate liability arising out of or in connection with the Agreement is capped at an amount equal to the fees paid by the Customer to Flak for the Software in the 12 months preceding the event giving rise to liability. For free licenses or trials, Flak shall have no liability of any kind (whether in contract, tort, strict liability or otherwise), including for any direct, indirect, incidental, consequential, special, exemplary or punitive damages.
14.4. The exclusions and cap do not apply to liability that cannot be limited under mandatory law.
14.5. The allocations of responsibility and risk in this Section 14 are integral to the Parties’ agreement and shall apply together with, and be interpreted consistently with, the exclusions, limitations and caps set out in Section 14 (Liability and Limitations). Without limiting the generality of the foregoing, any losses arising from the Customer’s environment, implementation, interoperability or data (including as described in Sections 10.1–10.12) fall within the exclusions in Section 14.2 and the cap in Section 14.3.
15. IP Infringement
15.1. Flak provides no indemnity. If the unmodified Software, when used in accordance with these Terms, is finally held to infringe a third-party IP right in a competent jurisdiction, Flak may, at its sole option and as the Customer’s exclusive remedy:
i) procure the right for the Customer to continue using the Software,
ii) modify or replace the Software so it becomes non‑infringing, or
iii) terminate the License for the affected Software and refund prepaid fees for the remaining term for the affected portion (if any). Flak has no responsibility for claims arising from use with or in the Customer’s specific environment, modifications, or combinations not provided by Flak.
15.2. The Customer shall promptly notify Flak of any alleged infringement, cease use if instructed, and cooperate in mitigation. Flak may control the defense and settlement of any claim relating to the Software as delivered.
16. Term, Termination and Suspension
16.1. Subscriptions commence on the Order date and renew automatically for either i) successive annual periods, or ii) monthly, depending on chosen Package, unless terminated by either party effective at the end of the then‑current term, with at least 30 days’ prior written notice.
16.2. Flak may suspend or terminate with immediate effect for the Customer’s material breach, including non‑payment, license misuse, or violation of Section 5. In case of termination for breach, prepaid fees are forfeited and the Customer must immediately cease use and uninstall.
16.3. Flak may at any time, without reason or liability, suspend or terminate any free, trial, or specially granted non‑commercial license.
16.4. Upon termination or expiry, the Customer must cease all use and uninstall. Sections that by nature should survive (including Sections 6, 10, 11, 12, 13, 14, 15, 16.4, 17, 18, 19, 21, 22) shall survive.
16.5. If the Customer deletes its account, user profile, or access to the Software before the end of the then-current subscription term, such deletion takes effect immediately for access purposes only. Account deletion does not constitute termination of the subscription before the end of the then-current term and does not entitle the Customer to any refund, credit, or reduction of fees already paid or payable for that term.
17. Changes to Terms and Services
17.1. Flak may update these Terms and/or features of the Software from time to time. Material adverse changes to commercial terms for paid subscriptions will take effect on 14 days’ notice and from the next renewal. Continued use after changes take effect constitutes acceptance.
18. Governing Law and Venue
18.1. These Terms and any non‑contractual obligations are governed by Danish law.
18.2. The exclusive venue is the District Court in Aalborg, Denmark (Retten i Aalborg). The UN CISG does not apply.
19. Notices
19.1. Notices may be given by email to the contact specified in the Order or the Customer’s account and are deemed received upon dispatch, unless a bounce‑back is received.
20. Marketing and Publicity
20.1. Unless the Customer opts out by written notice, Flak may identify the Customer as a customer and use the Customer’s name and logo in customer lists, websites, pitch materials, and marketing collateral, provided that any use respects the Customer’s reasonable brand guidelines supplied in advance.
21. Governing Language
21.1. These Terms are drafted in English. If translated, the English version controls and prevails to the extent of any inconsistency.
22. Miscellaneous
22.1. These Terms together with the Order constitute the entire agreement. In case of conflict, the Order prevails over these Terms.
22.2. The Customer may not assign without Flak’s prior written consent; Flak may assign to an affiliate or in connection with a corporate transaction.
22.3. If any provision is invalid, the remainder remains effective; no waiver is implied by delay or partial exercise.
22.4. No third party obtains rights under these Terms.
These Terms were last updated on 4 of May 2026.
These Terms have been drafted by Skafsgaard Law ApS.
© 2026 Flak, CVR no. 46260171
