Terms of Service – FairAI Certification

A product of FemAI GmbH

Last updated: 01.09.2025

Preamble

FairAI Certification is an AI observatory platform developed and operated by FemAI GmbH. It supports organizations in ensuring the responsible and human-centered use of artificial intelligence. Our certification process is grounded in transparency, fairness, and alignment with applicable legal frameworks, in particular the EU AI Act.

FemAI commits to conducting independent, objective, and ethically sound certification processes. Customers commit to using the assessments, reports, and certifications provided by FemAI in a lawful, non-misleading, and non-abusive manner.

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1. Scope and Contract Formation

1.1 These Terms apply to all contracts for the use of the FairAI Certification software platform under a subscription model. Any conflicting or deviating terms of the Customer shall not apply.

1.2 A contract is concluded upon registration and subscription on the platform or upon written confirmation by FemAI.

1.3 FemAI may engage third parties to fulfill contractual obligations.

1.4 The Service is exclusively offered to businesses as defined under applicable commercial law, legal entities under public law, and special funds under public law. Consumers are excluded.

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2. Service Description

2.1 FairAI Certification is a Software-as-a-Service (SaaS) platform that enables Customers to evaluate their AI systems against defined criteria. Upon successful evaluation, a certificate and license to use the FairAI seal are granted.

2.2 The scope of services depends on the subscription booked (e.g., number of included certifications, user accounts, reports).

2.3 Certificates apply exclusively to the evaluated system, its specific version, and the point in time of evaluation.

2.4 Certification does not constitute legal advice or a guarantee of compliance. It is an expert assessment within the defined standard.

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3. Term and Termination

3.1 Subscriptions run for a fixed term of 12 months, if not designed differently.

3.2 Subscriptions automatically renew for successive 12-month periods unless terminated in writing at least 3 months before the end of the current term.

3.3 Either party may terminate for cause without notice if the other party materially breaches these Terms. FemAI may terminate immediately in cases of non-payment or misuse of certification.

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4. Fees and Payment

4.1 Use of the platform is subject to an annual subscription fee.

4.2 The applicable fee is determined at the time of contract formation or as otherwise agreed in writing.

4.3 Fees are invoiced annually in advance and payable within 14 days of invoice date without deduction.

4.4 In case of late payment, FemAI may suspend platform access, charge statutory default interest, and withdraw from the contract.

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5. Platform Use

5.1 The Customer is granted a non-exclusive, non-transferable, and non-sublicensable right to use the platform for the subscription term.

5.2 Access credentials must be kept confidential and may not be shared with unauthorized third parties.

5.3 FemAI may update, modify, or enhance the platform at any time, provided the core functionality remains intact.

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6. Use of Certificates and Seal

6.1 Upon successful certification, the Customer is granted a limited, revocable right to use the FairAI seal for the validity period of the certificate.

6.2 The seal may only be used in its original form and exclusively in connection with the certified system.

6.3 Misuse, misleading representation, or continued use after expiry or revocation of the certificate is prohibited. FemAI reserves the right to withdraw the license and claim damages in case of violation.

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7. Customer Obligations

7.1 The Customer must provide all data, models, documentation, and system access necessary for evaluation in a timely and complete manner.

7.2 Delays or additional work caused by insufficient cooperation may be charged separately by FemAI.

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8. Intellectual Property and Data

8.1 All intellectual property rights in methods, software, reports, and trademarks remain with FemAI.

8.2 The Customer retains ownership of the data it provides but grants FemAI a limited license to use such data as necessary for certification.

8.3 Upon termination of the contract, data will be deleted in accordance with legal requirements, unless retention obligations apply.

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9. Liability

9.1 FemAI shall be liable without limitation only for intent and gross negligence as well as for damages resulting from injury to life, body, or health.

9.2 In the event of slight negligence, FemAI shall only be liable for breaches of essential contractual obligations, limited to foreseeable and typical damages, up to the amount of the subscription fee paid for the relevant contract year.

9.3 Any further liability, in particular for indirect or consequential damages, lost profits, or legal consequences of certification use, is excluded.

9.4 FemAI assumes no liability for legal violations by the Customer or the ongoing compliance of the certified system.

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10. Data Protection

FemAI processes personal data in connection with certification in accordance with applicable data protection law (in particular the GDPR). Details are set out in the separate Privacy Policy.

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11. Final Provisions

11.1 Place of jurisdiction is the registered seat of FemAI GmbH. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.