Terms of service.

These Terms of Service ("Terms") govern your use of validant.ai , the website at validant.ai, the platform at platform.validant.ai, the validant.ai library, and any advisory or audit engagement we deliver to you. By accessing or using any of the above you agree to be bound by these Terms. If you are entering into them on behalf of an organisation, you confirm you have authority to bind that organisation.

Paid engagements are governed by these Terms together with a separately signed Order Form, Statement of Work or Master Services Agreement (an "Engagement Contract"). Where the Engagement Contract conflicts with these Terms, the Engagement Contract wins.

The defined terms used in this document have the meanings below.

• "validant.ai", "we", "us", "our": the Swiss legal entity operating the validant.ai services .
• "Customer", "you", "your" , the organisation or individual using the services.
• "Services": the website, the platform, the library, and any audit, advisory or implementation engagement we deliver.
• "Customer Content": data, documents, models, datasets, credentials, and any other material you upload to or generate within the Services.
• "Output": reports, model cards, fairness audit findings, signed agent mandates, dashboards and other deliverables produced by us using the Services for you.
• "Authorised User": an individual to whom you have granted access under your account.

The Services are designed for organisations and professional users. You must be at least 18 years old and legally capable of entering into a binding contract. You agree to:

• Provide accurate, current and complete information when creating an account
• Keep your credentials confidential and use multi-factor authentication where offered
• Be responsible for the acts and omissions of your Authorised Users as if they were your own
• Notify us promptly at security [at] validant [dot] ai of any actual or suspected unauthorised access

The Services exist to build trust on the internet. They are not for the opposite. You will not, and will not permit anyone else to:

• Use the Services for any unlawful, infringing, defamatory, fraudulent or harmful purpose
• Use the Services to produce or distribute content that violates fundamental rights, in particular content prohibited under Article 5 of the EU AI Act (manipulative or exploitative AI systems, social scoring by public authorities, real-time biometric identification in public spaces save for narrow exceptions, etc.)
• Reverse engineer, decompile, scrape or attempt to derive source code from the Services, except to the extent expressly permitted by mandatory law (Swiss Copyright Act Art. 21, EU Software Directive Art. 6)
• Use the Services or our Output to train a competing model, foundation model or substitute service
• Upload Customer Content for which you do not have all necessary rights and lawful bases, including any consents required from data subjects
• Probe, scan or test the vulnerability of any system or network without our explicit written authorisation. Coordinated security disclosure is welcome at security [at] validant [dot] ai
• Circumvent technical or contractual usage limits, rate limits or access controls

We may suspend or terminate access without notice for material breaches of this section. Where the breach is curable, we will give you a reasonable opportunity to cure it first.

Website and library

The website and the validant.ai library are provided on an "as is" informational basis. They do not create an advisory relationship until we sign an Engagement Contract.

Platform

The platform at platform.validant.ai is a software-as-a-service that helps you implement, monitor and prove digital trust controls: identity wallets, verifiable credentials, signed agent mandates, and fairness-audit infrastructure. The platform is provided under an Order Form referencing these Terms. Service levels, support response times and uptime commitments are set out in the applicable Order Form.

Advisory and audit engagements

Fairness audits, AI Act gap analyses and digital trust advisory are delivered under a signed Statement of Work that sets scope, deliverables, methodology, timeline and price. Our methodology is documented and, on request, we share a methodology summary so customers can review our approach before signing.

Our IP

We retain all right, title and interest in the Services, the platform, its underlying code, our methodologies, templates and any improvements to them. No licence is granted except the limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms and your Engagement Contract.

Your Customer Content

You retain all right, title and interest in Customer Content. You grant us a limited licence to host, process and display Customer Content solely to deliver the Services and produce the Output you have asked for. The licence ends when the Engagement Contract ends, save for the retention periods set out in our privacy notice.

Outputs

On payment of the applicable fees, we assign or licence to you the Output produced specifically for you under an Engagement Contract, on the terms set out there. We retain the right to use generic learnings (skills, know-how, abstract patterns) for the benefit of all customers, provided we never reveal your Customer Content or its identifying features.

Feedback

If you give us suggestions, you grant us a perpetual, royalty-free, irrevocable right to use them without obligation.

validant.ai is, by its nature, a partner for AI compliance. To make our part of the obligation chain explicit:

• Risk classification. Where we provide an AI system, we identify its risk class under the EU AI Act (Reg. 2024/1689) and disclose it before you decide to deploy.
• Transparency. Outputs that interact with natural persons, generate synthetic media or perform emotion or biometric inference are labelled in machine-readable form.
• Documentation. We maintain the technical documentation, risk management records and post-market monitoring records that any AI Act-relevant component requires.
• Provider / deployer roles. Roles are explicit in each Engagement Contract. Where you are a deployer, you are responsible for the deployer obligations (Art. 26). We support you with templates and evidence.
• Prohibited practices. The Services may not be used for the practices prohibited by Art. 5 of the AI Act. We reserve the right to refuse or terminate any engagement that would.

The Services, including any analyses, scores, audit findings, recommendations, drafts, suggested actions, generated text, summaries, classifications, risk indicators or other outputs produced by validant.ai or by AI systems integrated into the Services ("AI Output"), are provided for informational and decision-support purposes only. They do not constitute legal, regulatory, financial, tax, medical, investment or other professional advice, and they are not a substitute for the judgement of a qualified human decision-maker.

You acknowledge and agree that:

• Every decision you take based on the Services, the Output or any AI Output is your own decision and your sole responsibility. You must independently review, verify and validate any Output before relying on it, and consult qualified advisers where appropriate.
• AI Output can be incomplete, outdated, biased, fabricated ("hallucinated") or otherwise incorrect. AI systems, including those provided by third-party model vendors, are probabilistic and do not guarantee accuracy, completeness, currency, fitness for a specific purpose or compliance with the law applicable to your situation.
• We provide the Services on a best-effort basis. We do not guarantee any specific result, outcome, certification, regulatory approval, audit pass, score or decision, and no statement on the website, the platform, in our documentation, in marketing materials, or in any Output should be read as such a guarantee.
• Where the Services rely on third-party AI models, APIs, datasets, knowledge bases or other components, we have no control over and make no representation about their availability, accuracy, behaviour, training data or absence of bias. We disclaim, to the maximum extent permitted by law, any liability arising from third-party AI systems and third-party content.
• You are responsible for ensuring that your use of the Services and of any Output is lawful in your jurisdiction, suitable for your context, and consistent with your own professional, fiduciary, regulatory and contractual duties to others.
• A human must remain in the loop for any decision that has legal, financial, safety, employment, health or similarly significant effects on a person. The Services are not designed for, and must not be used as, the sole basis for such decisions.

To the maximum extent permitted by law, we accept no liability for any decision, action or omission taken by you or by any third party in reliance on the Services, the Output or any AI Output, nor for any loss, damage or consequence arising from such reliance. If you do not accept this allocation of risk, you must not use the Services.

Where we process personal data on your behalf in the course of an Engagement, we do so as your processor under a Data Processing Agreement that mirrors the requirements of GDPR Art. 28 and Art. 9 revFADP. Our standard DPA, including our subprocessor register and the technical and organisational measures, is available on request and incorporated by reference into every Engagement Contract.

Our privacy practices for personal data we collect as a controller are set out in our privacy notice.

Fees are set out in the applicable Order Form or Statement of Work. Unless stated otherwise:

• Subscription fees are billed in advance for the agreed term
• Time-and-materials fees are billed monthly in arrears
• Invoices are payable within 30 days of issue (net 30)
• All fees are exclusive of VAT and equivalent taxes; you pay any such taxes lawfully due
• Late payment accrues interest at 5% per annum (Swiss Code of Obligations Art. 104) or the maximum rate permitted, whichever is lower

Fees are non-refundable except where these Terms or the Engagement Contract expressly say otherwise.

Our warranties

We warrant that:

• The Services will be provided with professional skill and care
• We will perform our obligations in compliance with applicable law including data protection law
• Output produced for you under an Engagement Contract will substantially conform to the scope of work

What we do not warrant

To the maximum extent permitted by law, the Services are otherwise provided "as is" and "as available" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free operation of the website or platform outside contracted SLAs.

In particular, and without limiting the section No advice, no reliance, your decision, we do not warrant that any Output, recommendation, analysis, score, draft, generated content or other AI Output is accurate, complete, current, unbiased, free of errors or hallucinations, fit for your specific purpose, or compliant with the law applicable to your situation. We do not warrant the availability, accuracy or behaviour of any third-party AI model, API or dataset used by the Services, and we disclaim any liability for their malfunction, withdrawal or change. All Output is advisory and any decision based on it remains your sole responsibility.

Consumer rights

Nothing in these Terms excludes or limits any non-waivable consumer rights you may have under the mandatory law of your jurisdiction.

To the maximum extent permitted by law:

• Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost goodwill, arising out of or in connection with these Terms
• Each party's aggregate liability arising out of or in connection with these Terms in any 12-month period is capped at the fees paid or payable by you to us in the 12 months preceding the event giving rise to the claim

The caps in this section do not apply to: liability that cannot be limited by law; liability for death or personal injury caused by negligence; gross negligence or wilful misconduct; payment obligations; or breach of confidentiality.

Each party will indemnify the other against third-party claims arising out of: (i) breach of these Terms; (ii) infringement of the other party's intellectual property rights; or (iii) violation of applicable law in the indemnifying party's performance of these Terms. The detail and procedure (notice, control of defence, mitigation) is set out in the Engagement Contract.

These Terms apply from your first use of the Services and continue until terminated. Each Engagement Contract has its own term. Either party may terminate for material breach if the other does not cure the breach within 30 days of written notice. Either party may terminate immediately on written notice in the event of the other's insolvency, bankruptcy or comparable event.

On termination: we will stop providing the Services; we will give you a reasonable period (default 30 days) to export Customer Content; thereafter, Customer Content will be deleted in line with our retention schedule, subject to mandatory legal retention. Sections of these Terms that by their nature should survive termination will survive.

These Terms are governed by the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods. The ordinary courts of Zurich, Switzerland, have exclusive jurisdiction subject to mandatory law and to any arbitration clause in the Engagement Contract.

Where you are a consumer domiciled in the EU/EEA, you also benefit from the protection of the mandatory provisions of the law of your country of residence and may bring proceedings before its courts. Nothing in these Terms removes that protection.

• Entire agreement. These Terms together with the Engagement Contract and the documents they reference constitute the entire agreement between us.
• Assignment. You may not assign these Terms without our prior written consent (such consent not unreasonably withheld). We may assign to a successor in connection with a corporate transaction.
• Severability. If a provision is held unenforceable, the rest remains in force.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for failure or delay due to events outside its reasonable control.
• Notices. Notices to us must be sent to legal [at] validant [dot] ai with a copy to our registered address. Notices to you may be sent to your account contact email.
• Changes. We may update these Terms for legal, regulatory or business reasons. Material changes will be notified at least 30 days before they take effect via the platform, email and a banner on the site. Continued use after the effective date constitutes acceptance.