Terms of service — Omnifact

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Facts read from this source

• Effective date Report an error

  “Effective Date: August 1st, 2024”

• German version controlling Report an error

  “This version of the ToS is a translation of the original German version of the ToS. Only the German version shall be decisive for the legal effects between the Parties.”

• Entity Report an error

  “Omnifact GmbH, Hansaallee 154, 60320 Frankfurt, Germany ("Omnifact")”

• B2b only Report an error

  “All services and offers of Omnifact as well as these ToS are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.”

• DPA mandatory Report an error

  “For the conclusion of the contract, it is imperative that the Omnifact Data Processing Agreement (DPA) is accepted by the customer and that this is effectively agreed between the parties.”

• Delivery model Report an error

  “made available to the customer for use via a remote data connection as a Software-as-a-Service service ("SaaS"), as well as the provision of storage space”

• Trial no support Report an error

  “Omnifact does not assume any maintenance and/or support obligations for the trial version.”

• One account per company Report an error

  “Creating multiple accounts for the same company is not permitted.”

• Llm providers Report an error

  “the Software uses AI systems from third-party providers (e.g. Mistral AI, OpenAI, Microsoft, Anthropic, or Google; hereinafter collectively referred to as "LLM Providers")”

• Llm EU preference Report an error

  “Omnifact will work within the framework of the agreements with the LLM providers to ensure that the AI systems are operated on servers within the European Economic Area. If necessary, technical reasons of the LLM providers may require that server locations in the USA or other countries outside the European Economic Area must be used.”

• Self hosted llm Report an error

  “In consultation with our support team, self-hosted LLMs can also be integrated into Omnifact.”

• Customer llm selection Report an error

  “The customer has the option of approving and activating individual LLM providers for the managed organization.”

• SLA availability Report an error

  “Omnifact guarantees an availability of its services of 99.5% on an annual average. This Service Level Agreement (SLA) refers to the pure network availability of our platform, excluding planned maintenance work and events beyond our control”

• VAT Report an error

  “All prices are subject to the applicable statutory value added tax.”

• Billing cycles Report an error

  “It shall be invoiced for the first time upon conclusion of the contract and subsequently at the beginning of the respective contract month (in the case of monthly invoicing) or contract year (in the case of annual invoicing).”

• Payment period Report an error

  “The payment period for the remuneration is 14 days from receipt of the invoice in each case.”

• Annual adjustment Report an error

  “The agreed remuneration can be appropriately adjusted annually by Omnifact at its reasonable discretion (§ 315 BGB). An adjustment can be made at the earliest after a contract term of 12 months, and then annually. Omnifact will inform the customer of the adjustment at least three months in advance.”

• Adjustment termination right Report an error

  “In the event of an increase of more than 10% in the remuneration applicable up to the time of the adjustment, the customer is entitled to terminate the contract with one month's notice before the increase comes into effect.”

• Per user fee scaling Report an error

  “If the number of users increases, the fee shall increase accordingly.”

• Own business use only Report an error

  “The customer may only use the software within the scope of his own business activities by his own personnel. Any further use of the software by the customer is not permitted.”

• Third party disclosure prohibited Report an error

  “Omnifact is prohibited from transferring the data records to third parties or disclosing them to third parties.”

• Term renewal Report an error

  “In the case of an annual term, the term is automatically extended annually by a further year if the agreement is not terminated by one of the parties subject to a notice period of three months before the end of the respective term. In the case of a monthly term, the contract is automatically extended by one month and can be terminated at any time for the following month.”

• Termination form Report an error

  “Notice of termination must be given in text form, including e-mail.”

• Confidentiality period Report an error

  “The obligation to maintain confidentiality shall apply for the term of the entire agreement and for a period of five years after termination of the last agreement concluded under this framework agreement.”

• GDPR Report an error

  “The parties undertake to comply with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR).”

• DPA art28 Report an error

  “the parties shall conclude a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR. The conclusion of this agreement between the parties is a mandatory prerequisite for the conclusion of the contract.”

• Change notification Report an error

  “Omnifact will inform the customer of the change to the ToS by e-mail at least six weeks before they are scheduled to take effect. The customer is entitled to object to the amendment no later than two weeks before it is scheduled to take effect.”

• Applicable law Report an error

  “German law shall apply to the exclusion of the provisions of the CISG.”

• Subcontractors allowed Report an error

  “Omnifact is also entitled to use third parties as subcontractors for the purpose of contract fulfillment.”

• No source code Report an error

  “The source code of the software is generally not part of the subject matter of the contract and can only become part of the subject matter of the contract if this is expressly agreed between the contracting parties.”

• Deployment options Report an error

  “Managed, own cloud or on-premise”

• ISO 27001 Report an error

  “ISO 27001 Certified Audited & certified”

• GDPR footer Report an error

  “GDPR Compliant EU data residency”

• Germany Report an error

  “Hosted in Germany Built in Frankfurt”

• AI no warranty Report an error

  “The contractual services therefore explicitly do not include the accuracy of the software's evaluations.”

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Scores citing this record

• The Automation Lead Data use, training & retention
• The Automation Lead Models & processing location
• The Automation Lead European sovereignty
• The Automation Lead Pricing transparency
• The Automation Lead Data use, training & retention
• The Automation Lead Models & processing location
• The Automation Lead European sovereignty
• The Automation Lead Pricing transparency
• The Customer-Service Director Data use, training & retention
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• The Customer-Service Director Agent capabilities & guardrails
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• The Data Protection Officer Data use, training & retention
• The Data Protection Officer Models & processing location
• The Data Protection Officer Agent capabilities & guardrails
• The Data Protection Officer Pricing transparency
• The Data Protection Officer Data use, training & retention
• The Data Protection Officer Models & processing location
• The Data Protection Officer Agent capabilities & guardrails
• The Data Protection Officer European sovereignty
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• The Head of IT Data use, training & retention
• The Head of IT Models & processing location
• The Head of IT Agent capabilities & guardrails
• The Head of IT Pricing transparency
• The Head of IT Data use, training & retention
• The Head of IT Models & processing location
• The Head of IT European sovereignty
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• The Skeptic Data use, training & retention
• The Skeptic Models & processing location
• The Skeptic Pricing transparency
• The Skeptic Data use, training & retention
• The Skeptic Models & processing location
• The Skeptic Agent capabilities & guardrails
• The Skeptic European sovereignty
• The Skeptic Pricing transparency
• The Works Council Member Data use, training & retention
• The Works Council Member Models & processing location
• The Works Council Member Agent capabilities & guardrails
• The Works Council Member European sovereignty
• The Works Council Member Pricing transparency
• The Works Council Member Data use, training & retention
• The Works Council Member Models & processing location
• The Works Council Member Agent capabilities & guardrails
• The Works Council Member European sovereignty
• The Works Council Member Pricing transparency