1. Services and license
Fusioni provides cloud and/or self-hosted enterprise AI capabilities, including without limitation Fusioni Platform, Fusioni Site Assist, related SDKs, APIs, documentation, and support offerings as described on our website or in an order form. The Services constitute digital content and digital services within the meaning of Directive (EU) 2019/770.
Subject to these Terms and your compliance with them, Fusioni grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the applicable subscription or trial period, unless otherwise agreed in writing.
Fusioni may modify, suspend, or discontinue any part of the Services with at least thirty (30) days’ notice where practicable, or immediately where required for security, legal compliance, or material abuse. In the event of a material reduction in functionality, you are entitled to a proportionate reduction in fees or termination in accordance with applicable law.
Fusioni shall maintain the Services in conformity with the objective and subjective conformity criteria required by Directive (EU) 2019/770, including the provision of necessary security updates throughout the supply period or for a reasonable period, depending on the nature and purpose of the service.
2. Accounts and security
You may need to register an account to use certain features. You agree to provide accurate information and to keep credentials confidential. You are responsible for all activity under your account, except where unauthorized access results from a failure attributable to Fusioni.
You must notify Fusioni without undue delay of any unauthorized access or security incident relating to your account. Fusioni may temporarily suspend access if we reasonably believe there is a risk to the Services, other customers, or third parties, and will notify you without undue delay and restore access once the risk has ceased.
3. Acceptable use
You will not use the Services to violate law, infringe rights, distribute malware, conduct unauthorized penetration testing against Fusioni infrastructure without prior written approval, send unsolicited commercial communications in violation of applicable e-privacy legislation, or scrape or overload our systems in a way that impairs stability.
You will not attempt to reverse engineer, decompile, or circumvent technical limitations except to the extent such restrictions are prohibited by applicable law (in particular Directive 2009/24/EC on the legal protection of computer programs). You will not use the Services to build or train models for the purpose of competing with Fusioni’s core offerings in a manner that breaches a separate agreement.
We may investigate and respond to violations, including suspension or termination, and may cooperate with competent authorities where required by law.
4. Your content and data
You retain ownership of content, prompts, data, and materials you submit to the Services (“Customer Data”). You grant Fusioni a worldwide license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services, in accordance with our Privacy Policy, any applicable data processing terms, and Regulation (EU) 2016/679 (GDPR).
You represent that you have all rights necessary to submit Customer Data and that your use does not violate third-party rights or law. You are responsible for configuring retention, exports, and backups according to your requirements.
Where Customer Data includes personal data, Fusioni acts as a processor within the meaning of Article 28 GDPR. The details of data processing are set out in a separate Data Processing Agreement (DPA), which forms an integral part of these Terms.
5. Intellectual property
Fusioni and its licensors own all intellectual and industrial property rights in the Services, branding, trademarks, documentation, and underlying technology, excluding your Customer Data. No rights are granted except the limited license in Section 1.
Feedback you voluntarily provide may be used by Fusioni to improve the Services without additional obligation or compensation, unless otherwise agreed in writing. This provision does not affect your moral rights under applicable law.
6. Third-party services, AI outputs, and transparency
The Services may integrate with third-party models, APIs, or infrastructure. Your use of those components may be subject to additional provider terms. Fusioni does not control third-party services and is not responsible for their availability or accuracy, without prejudice to its obligations under Directive (EU) 2019/770.
Outputs generated by AI systems may be incorrect, incomplete, or biased. You are responsible for evaluating outputs before relying on them for decisions with legal, medical, financial, safety, or other high-risk implications. Fusioni does not guarantee the accuracy of outputs from third-party models.
In accordance with Article 50 of Regulation (EU) 2024/1689 (Regulation on Artificial Intelligence — EU AI Act), Fusioni informs you that certain features of the Services are powered by artificial intelligence systems. Where required, Fusioni marks artificially generated content in a machine-readable format and informs users that they are interacting with an AI system.
7. Fees, trials, and taxes
Paid plans are billed in euros (EUR) as set forth in your order, quote, or checkout flow. Prices are displayed exclusive and inclusive of VAT where applicable. Unless stated otherwise or required by law (in particular the right of withdrawal in Section 8), fees are non-refundable. You are responsible for applicable taxes, duties, and charges other than Fusioni’s income taxes.
Trials and promotional access may be limited in duration or scope. Fusioni may convert or end trial access in line with the applicable offer terms, notifying you in advance before any charges apply.
8. Right of withdrawal
If you are a consumer within the meaning of applicable consumer protection law, you have the right to withdraw from this contract within fourteen (14) calendar days of its conclusion, without giving any reason and without any charge beyond those provided for by law. To exercise the right of withdrawal, you may send a clear statement to our email or through our contact form.
For digital services supplied electronically: if you wish the supply to begin before the withdrawal period expires, you will be asked for your express consent and acknowledgment that you thereby lose your right of withdrawal, in accordance with applicable consumer protection legislation. This consent is requested on a durable medium before the contract is concluded.
In the event of a lawful withdrawal, Fusioni will refund all amounts you have paid within fourteen (14) days of receiving your withdrawal notice, using the same means of payment you used, unless expressly agreed otherwise.
9. Protection of personal data
Fusioni processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national data protection legislation. The detailed description of processing purposes, legal bases, categories of data, retention periods, and any transfers to third countries is contained in our Privacy Policy.
As a data subject, you have the right of access (Article 15 GDPR), rectification (Article 16), erasure (Article 17), restriction (Article 18), portability (Article 20), and objection (Article 21), as well as the right not to be subject to a decision based solely on automated processing (Article 22). You may also withdraw your consent at any time, without affecting the lawfulness of prior processing.
To exercise your rights or to lodge a complaint, you may contact Fusioni or the competent data protection authority in your jurisdiction.
10. EU AI Act compliance
Fusioni is committed to compliance with Regulation (EU) 2024/1689 (EU AI Act), in particular the transparency, risk management, and documentation obligations applicable to providers and deployers of AI systems.
The AI systems incorporated into the Services are not classified as high-risk. Fusioni maintains documentation of the models used, informs users that they are interacting with AI, and takes reasonable measures to mark artificially generated content as such, where technically feasible.
Should a future assessment classify any Service as high-risk, Fusioni will implement the additional measures required by the Regulation (impact assessment, risk management system, human oversight) and notify you in writing.
11. Disclaimers
Except as expressly provided in a separate signed agreement, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Fusioni does not provide additional warranties beyond those expressly stated in these Terms or required by law.
Fusioni does not warrant that the Services will be uninterrupted or error-free. However, Fusioni is obligated to provide Services in conformity with the criteria required by Directive (EU) 2019/770 for digital services and digital content.
This section does not affect consumers’ mandatory rights under applicable consumer protection and civil law, including the rights to bring digital content or services into conformity, to receive a proportionate price reduction, and to terminate the contract in the event of a defective digital service.
12. Limitation of liability
To the maximum extent permitted by law, Fusioni shall not be liable for indirect, incidental, special, or consequential damages, or for loss of profits, revenue, or data, arising from or related to these Terms or the Services.
Fusioni’s aggregate liability arising out of or related to these Terms shall not exceed the greater of (a) the amounts you paid to Fusioni for the Services in the twelve (12) months before the claim, or (b) one hundred euros (€100), if no fees were paid.
The above limitation does not apply in cases of intentional misconduct or gross negligence, injury to life, body, or health, breach of mandatory consumer protection provisions, or tortious liability under applicable civil law.
13. Indemnity
If you are a business user, you will defend, indemnify, and hold harmless Fusioni and its affiliates, officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your Customer Data, your use of the Services in breach of these Terms, or your violation of law or third-party rights.
The above indemnification obligation does not apply to consumers, as such general indemnification clauses may be considered unfair under applicable consumer protection law. Consumer liability is governed exclusively by the general provisions of applicable law.
14. Term, suspension, and termination
These Terms apply from your first use of the Services until terminated. Subscription terms end as specified in your order or when access is lawfully ended by either party.
Fusioni may suspend or terminate access for material breach, non-payment where applicable, legal requirement, or risk to the Services, upon reasonable notice except in urgent circumstances. You may terminate the contract at any time by written notice, with the effects provided by law and this contract.
Provisions that by nature should survive (in particular liability limitations, indemnity, intellectual property, governing law) will survive termination.
15. Governing law and dispute resolution
These Terms are governed by and construed in accordance with the laws specified in your enterprise agreement, or if none applies, by the laws of the jurisdiction Fusioni designates in writing for your region, excluding conflict-of-law rules that would apply another jurisdiction’s laws. For consumers, the mandatory protective provisions of their Member State of residence under Article 6 of Regulation (EC) 593/2008 (Rome I) apply where they afford a higher level of protection.
Unless you have a separate agreement requiring arbitration or another forum, courts in the designated jurisdiction will have exclusive jurisdiction over disputes, subject to mandatory consumer jurisdiction rules (in particular the consumer’s domicile under Regulation (EU) 1215/2012).
For out-of-court dispute resolution, you may refer to a certified Alternative Dispute Resolution (ADR) body in your jurisdiction, or use the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
16. Changes and notices
Fusioni may update these Terms from time to time. We will post the revised version and update the “Last updated” date. For material changes, we will provide at least thirty (30) days’ notice via email, in-product notification, or other appropriate means.
In the event of a material change that adversely affects you, you have the right to terminate the contract within thirty (30) days of the notice, without charge. Continued use after the expiry of that period constitutes acceptance. If you do not agree and do not exercise your right of termination, you must stop using the Services.