Welcome to AIComply. These Terms of Service constitute a legally binding agreement between you and AIComply governing your access to and use of the AIComply platform, including our website, applications, and related services.
1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting.
2. Description of Services
AIComply provides a software-as-a-service platform designed to assist organizations with European Union Artificial Intelligence Act (EU AI Act, Regulation (EU) 2024/1689) compliance management. Our Services include:
AI system inventory management and risk classification tools
Compliance task tracking and workflow management
AI-assisted documentation generation
Fundamental Rights Impact Assessment (FRIA) and DPIA templates
Human oversight and governance configuration
Post-market monitoring and incident tracking
Compliance reporting and audit export functionality
Educational resources and regulatory guidance
3. User Accounts
3.1 Account Registration
To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
3.3 Organizational Accounts
If you create an account on behalf of an organization, you represent that you have the authority to bind that organization and agree that we may share account and usage information with designated administrators within your organization.
4. Subscriptions and Payments
4.1 Subscription Plans
We offer various subscription plans, including free and paid tiers. The features, limitations, and pricing of each plan are described on our website and may change from time to time.
4.2 Billing and Payment
Paid subscriptions are billed in advance on a monthly or annual basis. Payment is processed through our third-party payment processor (Stripe). You authorize us to charge your payment method for all applicable fees.
4.3 Cancellation and Refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Except as required by law, fees are non-refundable.
5. Acceptable Use Policy
You agree not to use the Services to:
Violate any applicable laws or regulations
Infringe on the intellectual property rights of others
Transmit any malicious code, viruses, or harmful content
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the integrity or performance of the Services
Engage in any activity that could damage, disable, or impair the Services
Use the Services for any fraudulent or misleading purpose
Reverse engineer, decompile, or disassemble any aspect of the Services
6. User Content and Data
6.1 Your Content
You retain all ownership rights to the content and data you submit to the Services ("Your Content"). By submitting Your Content, you grant us a limited license to use, store, and process it solely to provide the Services to you.
6.2 Data Protection
We process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the GDPR. You are responsible for ensuring that your use of the Services complies with applicable data protection requirements.
7. Intellectual Property Rights
The Services, including all software, content, designs, logos, and documentation, are owned by AIComply or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited license to use the Services as permitted by these Terms.
8. AI-Assisted Features
8.1 Nature of AI Outputs
Certain features use artificial intelligence to generate suggestions, document drafts, and risk classifications. These AI outputs are provided as starting points for your review and should not be considered legal, regulatory, or professional advice.
8.2 Human Oversight Required
You are solely responsible for reviewing, verifying, and approving all AI-generated content before use. We do not guarantee the accuracy, completeness, or suitability of any AI-generated outputs.
9. Regulatory Information Disclaimer
IMPORTANT:
AIComply is a compliance management tool, not a legal or regulatory advisory service. The information, guidance, and tools provided through the Services are for general informational purposes only and do not constitute legal, regulatory, or professional advice. You should consult with qualified legal and compliance professionals regarding your specific obligations under the EU AI Act and other applicable regulations. We do not guarantee that use of the Services will result in regulatory compliance.
9.1 EU AI Act Provider and Deployer Obligations
Under the EU AI Act (Regulation (EU) 2024/1689), different obligations apply depending on whether you are acting as a Provider or Deployer of AI systems:
Providers (Article 16)
If you develop AI systems placed on the EU market, you bear primary compliance obligations including conformity assessment, CE marking, and technical documentation.
Deployers (Article 26)
If you use AI systems developed by others, you must ensure appropriate use, maintain human oversight, and monitor for incidents.
AIComply helps you track and document compliance for both roles. However, ultimate responsibility for EU AI Act compliance remains with you as the Provider or Deployer.
9.2 Your Compliance Responsibilities
By using AIComply, you acknowledge and agree that:
You are solely responsible for determining the correct risk classification of your AI systems
You must verify all AI-generated compliance documentation before submission to authorities
You must maintain your own records as required by the EU AI Act
You must implement actual technical and organizational measures; AIComply only helps track them
You must engage with Notified Bodies independently for conformity assessments where required
You are responsible for registering high-risk AI systems in the EU Database as required
9.3 Scope of Platform Assistance
AIComply provides workflow tools, templates, and tracking features to assist with EU AI Act compliance management. The platform does not: (a) guarantee regulatory compliance; (b) provide legal advice; (c) act as a Notified Body or authorized representative; (d) submit filings to regulatory authorities on your behalf; or (e) substitute for professional legal counsel.
10. Disclaimers and Limitations of Liability
10.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS OF ANY INFORMATION, CONTENT, OR OUTPUTS PROVIDED THROUGH THE SERVICES.
10.2 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AICOMPLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, OR GOODWILL; (C) REGULATORY FINES, PENALTIES, OR SANCTIONS INCURRED BY CUSTOMER; (D) LOSS OR CORRUPTION OF DATA; (E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (F) ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF AICOMPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Aggregate Liability Cap
AICOMPLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO AICOMPLY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
10.4 No Legal Advice
IMPORTANT — PLATFORM IS NOT LEGAL COUNSEL:
The Platform provides compliance workflow automation tools, risk classification utilities, document templates, and AI-assisted suggestions. It does not constitute, and shall not be construed as, professional legal, regulatory, or compliance advice. No output of the Platform — including AI-generated suggestions, risk classifications, compliance scores, obligation mappings, or document drafts — constitutes a legal determination, regulatory certification, or professional opinion.
Customer remains solely and exclusively responsible for: (a) all regulatory compliance decisions; (b) the accuracy of conformity assessments; (c) CE marking determinations; (d) EU database registrations; (e) AI system deployment; and (f) engaging qualified legal counsel where appropriate.
10A. Product Liability
Under the revised Product Liability Directive (Directive 85/374/EEC as amended), software — including SaaS and cloud-based services — may be classified as a "product." The parties acknowledge and agree:
Platform as a Tool: The Platform is provided as a compliance management tool. Any compliance determination, risk classification, or regulatory decision made using the Platform remains the sole responsibility of the Customer. The Platform does not make autonomous compliance determinations on behalf of the Customer.
AI-Assisted Outputs: All AI-assisted features (including document generation, risk suggestions, and compliance scoring) produce advisory outputs only. These outputs require human review, validation, and approval before any reliance or submission to regulatory authorities. AIComply shall not be liable for any harm resulting from Customer's reliance on AI-generated outputs without appropriate human oversight.
Reasonable Care: AIComply exercises reasonable care in the design, development, testing, and maintenance of the Platform, including regular security updates and vulnerability remediation in accordance with the Cyber Resilience Act (EU) 2024/2847.
Limitation: To the maximum extent permitted by applicable law, any liability of AIComply under the Product Liability Directive or equivalent national legislation shall be subject to the aggregate liability cap set forth in Section 10.3.
11. Indemnification
You agree to indemnify and hold harmless AIComply and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of another.
12. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your access to the Services immediately if you violate these Terms. Upon termination, your right to use the Services will cease, though certain provisions of these Terms will survive termination.
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
14. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on the Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.