Terms of Service

Effective Date: October 2023

These Terms of Service ("Terms") govern your access to and use of the products, software, hardware, and services (collectively, the "Services") provided by FuMind ("Company," "we," "us," or "our"), headquartered at Zollhof 7, 90443 Nuremberg, Germany.

By accessing our Portal or using our EdgeIoT devices, you agree to be bound by these Terms.

1. Scope of Services

FuMind provides an Industrial AI suite consisting of:

  • Software (SaaS): Including but not limited to Orbit (Decision Engine), Fusion (Data Orchestration), and GenMES (Next-Gen Execution).
  • Hardware: EdgeIoT devices designed for legacy machine connectivity.
  • Insights: AI-generated reports, predictive quality metrics, and root cause analysis.

2. User Accounts and Access

To access the FuMind Portal, you must register for an account. You are responsible for:

  • Maintaining the confidentiality of your credentials.
  • All activities that occur under your account.
  • Ensuring that only authorized personnel operate the Services within your industrial facility.

3. License and Restrictions

We grant you a non-exclusive, non-transferable, revocable license to use the FuMind software suite for your internal business operations.

You shall not:

  • Reverse-engineer, decompile, or attempt to extract the source code of our AI models.
  • Use the Services to build a competing product.
  • Bypass any security measures or "System Online" status protocols.

4. Hardware (EdgeIoT) Usage

  • Installation: EdgeIoT is designed for "Plug and Play" connectivity. However, FuMind is not liable for damages caused by improper physical installation on legacy machinery.
  • Ownership: Unless otherwise stated in a separate Sales Agreement, hardware titles transfer upon full payment, but the software firmware remains the intellectual property of FuMind.

5. Industrial Data & Intellectual Property

  • Client Data: You retain all rights to the raw data generated by your machines. You grant FuMind a license to process this data solely to provide and improve the Services.
  • AI Models: FuMind retains all ownership of the underlying AI architectures, "Guided Intelligence" pipelines, and any improvements made to the general models through the aggregation of anonymized data.

6. Disclaimers and Limitation of Liability

  • "As-Is" Basis: Services are provided "as-is." While we aim for high accuracy in Predictive Quality and Root Cause Analysis, we do not guarantee 100% error-free predictions.
  • Operational Decisions: FuMind provides recommendations. The final decision to stop a production line or adjust machine parameters rests solely with the human operator.
  • Liability Cap: To the maximum extent permitted by German law, FuMind’s total liability for any claim arising out of these Terms shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

7. Service Level Agreement (SLA) & Uptime

We strive for enterprise-grade availability. Specific uptime guarantees and support response times are governed by your individual Enterprise Service Agreement. Maintenance windows will be communicated in advance via the Portal.

8. Termination

We reserve the right to suspend or terminate your access if you violate these Terms or fail to pay subscription fees. Upon termination, your right to use the software ceases immediately, and you must return or destroy any proprietary FuMind documentation.

9. Governing Law and Jurisdiction

  • Primary Jurisdiction: These Terms are governed by the laws of the Federal Republic of Germany.
  • Dispute Resolution: Any disputes shall be settled in the courts of Nuremberg, Germany. For clients in India, we may agree to alternative arbitration paths as defined in specific localized contracts.

10. Modifications

FuMind may update these Terms from time to time. We will notify you of significant changes via email or through a notice on our website.

11. Contact Information

For legal inquiries, please contact:

FuMind Legal Department
Zollhof 7, 90443 Nuremberg, Germany
Email: support@fumind.ai