Terms and Conditions

1. Introduction and Acceptance

1.1 Agreement

These Terms and Conditions ("Agreement" or "Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Proofpudding.ai. Proofpudding is offered by Omni Genesis Zrt, a Hungarian limited company (zártkörűen működő részvénytársaság) with its registration number 01-10-143199 with its registered office in 24 Ady Endre utca, Budapest, 1024, Hungary ("Omni Genesis," "Company," "we," "us," or "our").

1.2 Acceptance

By accessing or using our document processing services, application programming interface ("API"), playground environment, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1.3 Eligibility

The Services are available to businesses and individuals who are at least 18 years of age and capable of forming legally binding contracts. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.4 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Description of Services

2.1 Service Overview

Omni Genesis provides intelligent document processing and extraction services, including:

• API Access: Programmatic access to our document processing capabilities
• Playground Environment: Interactive interface for testing and development
• Top-Up Credits: Pre-purchased credits for service usage

2.2 Service Availability

The Services are provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation of the Services.

2.3 Private Cloud and Enterprise Deployments

Private cloud deployments, dedicated infrastructure, and enterprise-specific configurations are not included in standard service offerings. Customers requiring such arrangements must contact us directly to negotiate separate terms.

2.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, 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, current, and complete.

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:

• Use strong, unique passwords
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account or any other breach of security

3.3 Account Suspension

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for suspension may include, but are not limited to, violation of these Terms, suspected fraudulent activity, or non-payment.

4. Fees and Payment

4.1 Pricing Structure

The Services operate on a usage-based pricing model:

• Base Rate: $0.05 (USD) per task
• AI Processing Costs: Dynamic pricing based on task complexity, computational requirements, and AI inference costs

4.2 Top-Up Credits

Customers purchase credits in advance ("Top-Ups") to use the Services. Credits are non-refundable except as required by applicable law. Unused credits do not expire unless your account is terminated for cause.

4.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes take effect immediately upon posting to our website or notification to you. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

4.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, excluding taxes based on our net income. If we are required to collect or pay taxes on your behalf, such taxes will be invoiced to you.

4.5 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method. You agree to comply with any terms and conditions imposed by such payment processors.

4.6 Disputed Charges

Any disputes regarding charges must be submitted in writing within thirty (30) days of the charge date. Failure to dispute charges within this period constitutes acceptance of such charges.

5. Customer Data and Content

5.1 Definitions

• "Customer Data" means any documents, files, images, text, or other content that you upload, submit, or transmit to the Services for processing.
• "Processed Output" means the extracted data, structured information, or other results generated by the Services from your Customer Data.

5.2 Ownership

You retain all right, title, and interest in and to your Customer Data and Processed Output. Nothing in these Terms transfers ownership of your Customer Data or Processed Output to Omni Genesis.

5.3 License Grant to Omni Genesis

By submitting Customer Data to the Services, you grant Omni Genesis a limited, non-exclusive, worldwide license to access, use, process, and store your Customer Data solely for the purpose of providing the Services to you.

5.4 Data Storage and Retention

• Document Storage: We store uploaded documents (e.g., PDFs) to enable on-demand access and re-processing at your request.
• Processed Data: We retain processed extraction results. After processing is finished we store the results on our servers securely.
• Customer Control: You may delete your uploaded documents at any time through your account interface. Upon deletion, we will remove the documents from our active systems within a commercially reasonable timeframe.

5.5 Residual Knowledge

Notwithstanding the foregoing, Omni Genesis may retain and use "Residual Knowledge," defined as generalized knowledge, ideas, concepts, know-how, or techniques that are retained in the unaided memory of Omni Genesis personnel who have had access to Customer Data in the course of providing the Services. Such Residual Knowledge does not include any specific Customer Data or personally identifiable information.

5.6 Third-Party AI Providers

The Services utilize third-party artificial intelligence providers to perform certain processing functions. You acknowledge and agree that such third-party providers may have their own data use, retention, and training policies that are outside of Omni Genesis's control. We encourage you to review the terms and policies of such providers. While we endeavor to select providers with appropriate data handling practices, we cannot guarantee that third-party providers will not use data processed through their systems in accordance with their own policies, including for the purpose of training or improving their AI models.

Current third-party AI providers may include, but are not limited to, providers of large language models, optical character recognition systems, and machine learning infrastructure. The specific providers used may change over time without notice.

5.7 Data Location

Customer Data is stored and processed within the European Union. We do not transfer Customer Data outside the EU except as necessary to provide the Services through third-party providers that maintain appropriate data protection safeguards.

5.8 Sub-Processors

We engage sub-processors to assist in providing the Services. A list of sub-processors is available to enterprise customers upon request. For enterprise and compliance-sensitive deployments, please contact us directly.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable local, national, and international laws and regulations.

6.2 Prohibited Conduct

You agree not to:

(a) Illegal Activities

• Use the Services for any illegal purpose or in violation of any applicable law or regulation
• Process documents containing illegal content, including but not limited to child sexual abuse material, content that violates intellectual property rights, or content that facilitates illegal activities

(b) Harmful Activities

• Upload or transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks
• Interfere with or disrupt the integrity or performance of the Services
• Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure

(c) Reverse Engineering and Competitive Use

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Services
• Use the Services to develop a competing product or service
• Benchmark the Services for competitive purposes without our prior written consent
• Scrape, crawl, or use automated means to access the Services except through our published API

(d) Misrepresentation

• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Use the Services to generate fraudulent, misleading, or deceptive content
• Resell, sublicense, or redistribute the Services without our prior written consent

(e) Circumvention

• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Remove, alter, or obscure any proprietary notices or labels on the Services
• Exceed any rate limits or usage restrictions applicable to your account

6.3 Content Restrictions

You are solely responsible for ensuring that your Customer Data does not:

• Violate any third-party rights, including intellectual property rights, privacy rights, or contractual rights
• Contain defamatory, obscene, or offensive material
• Promote hatred, violence, or discrimination against any individual or group

6.4 Fair Use

We reserve the right to implement reasonable rate limits and usage restrictions to ensure fair access to the Services for all customers. Excessive use that degrades service quality for other users may result in temporary throttling or account suspension.

6.5 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. Intellectual Property

7.1 Omni Genesis IP

The Services, including all software, algorithms, models, user interfaces, designs, trademarks, logos, and documentation, are the exclusive property of Omni Genesis or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in such intellectual property except for the limited license to use the Services as expressly set forth herein.

7.2 Customer IP

Subject to the licenses granted herein, you retain all intellectual property rights in your Customer Data and any content you create using the Services.

7.3 Feedback

If you provide any suggestions, ideas, enhancement requests, feedback, or other recommendations regarding the Services ("Feedback"), you hereby assign to Omni Genesis all right, title, and interest in and to such Feedback. We shall be free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction or obligation to you.

7.4 Open Source

Certain components of the Services may include open source software. Such open source software is licensed under the terms of the applicable open source license, and nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open source license.

8. Disclaimers and Warranties

8.1 AS-IS BASIS

8.2 No Accuracy Guarantee

8.3 Third-Party Services

The Services may integrate with or depend upon third-party services, platforms, or providers. We disclaim all warranties with respect to such third-party services and shall not be liable for any acts, omissions, or failures of third-party providers.

8.4 Beta and Experimental Features

Any beta, preview, or experimental features are provided for testing purposes only and are subject to additional disclaimers. Such features may be modified, suspended, or discontinued at any time without notice.

8.5 Regulatory Compliance

We do not warrant that the Services comply with any specific industry regulations, standards, or requirements applicable to your business. You are solely responsible for determining whether the Services are appropriate for your regulatory environment.

9. Limitation of Liability

9.1 Exclusion of Damages

9.2 Aggregate Liability Cap

This limitation applies regardless of:

• The number of claims
• The nature of the cause of action (whether in contract, tort, or otherwise)
• The total fees paid by you to Omni Genesis

9.3 Essential Purpose

You acknowledge that the limitations of liability set forth in this Section 9 reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between the parties. The Services would not be provided without such limitations.

9.4 Exceptions

Nothing in these Terms shall limit or exclude liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded under applicable Hungarian or EU law

9.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

10.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Omni Genesis, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) Your use of the Services or any activity under your account
• (b) Your Customer Data, including any claim that your Customer Data infringes or misappropriates any third-party intellectual property rights, privacy rights, or other rights
• (c) Your violation of these Terms, including but not limited to the Acceptable Use Policy
• (d) Your violation of any applicable law, regulation, or third-party rights
• (e) Reverse engineering, decompilation, disassembly, or any attempt to derive source code or underlying algorithms from the Services
• (f) Unauthorized access to or use of the Services, including sharing account credentials or exceeding authorized scope of use
• (g) Any misuse of the Services, including use for illegal purposes, fraud, or activities that harm third parties
• (h) Any claims brought by third parties arising from your use of the Processed Output
• (i) Your failure to obtain necessary consents, authorizations, or licenses related to your Customer Data

10.2 Indemnification Procedure

We will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby). You shall have sole control over the defense and settlement of such claims, provided that:

• You may not settle any claim in a manner that admits liability or imposes obligations on Omni Genesis without our prior written consent
• We reserve the right to participate in the defense at our own expense
• You shall keep us reasonably informed of the status of the defense

10.3 No Provider IP Indemnification

11. Service Level Agreement

11.1 No Standard SLA

Omni Genesis does not provide a standard service level agreement for uptime, availability, response times, or support. The Services are provided on an "as available" basis.

11.2 Enterprise SLA

Customers requiring service level commitments, guaranteed uptime, dedicated support, or other enhanced service terms may contact us to negotiate a separate enterprise agreement. Such agreements are subject to additional fees and terms.

11.3 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects service availability. We will endeavor to provide reasonable advance notice of scheduled maintenance when practicable, but we are not obligated to do so.

11.4 No Liability for Downtime

Omni Genesis shall not be liable for any service interruptions, downtime, or unavailability of the Services, regardless of cause or duration.

12. Term and Termination

12.1 Term

These Terms are effective upon your acceptance (by creating an account or using the Services) and remain in effect until terminated by either party.

12.2 Termination by Customer

You may terminate your account at any time by:

• Using the account deletion feature in your account settings, or
• Contacting us in writing at support@proofpudding.ai

Upon termination, your right to access the Services will cease immediately.

12.3 Termination by Omni Genesis

We may terminate or suspend your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended period of inactivity
• Request by law enforcement or government agency
• Discontinuation of the Services

12.4 Effect of Termination

Upon termination:

• (a) All licenses granted to you under these Terms immediately terminate
• (b) You must cease all use of the Services
• (c) Any outstanding fees become immediately due and payable
• (d) Unused credits are forfeited and non-refundable (except as required by applicable law)
• (e) We may delete your account data, including uploaded documents, within thirty (30) days following termination. You are responsible for exporting any data you wish to retain prior to termination.

12.5 Survival

The following sections shall survive termination of these Terms: Sections 4 (Fees and Payment, to the extent of outstanding obligations), 5.5 (Residual Knowledge), 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12.4 (Effect of Termination), 12.5 (Survival), 13 (Dispute Resolution), and 14 (General Provisions).

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of laws principles.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@proofpudding.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed with formal dispute resolution.

13.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Vienna International Arbitral Centre (VIAC) in accordance with its Rules of Arbitration.

• Seat of arbitration: Vienna, Austria
• Language of proceedings: English
• Number of arbitrators: One (1)
• Applicable law: Hungarian law

The arbitrator's decision shall be final and binding on both parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.4 Class Action Waiver

13.5 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information pending the outcome of arbitration.

13.6 Time Limitation

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the cause of action arose, or such claim shall be permanently barred.

13.7 EU Consumer Rights

If you are a consumer resident in the European Union, you may also be entitled to bring proceedings before the competent courts of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of local law.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any other documents expressly incorporated by reference, constitute the entire agreement between you and Omni Genesis regarding the Services and supersede all prior and contemporaneous agreements, proposals, and communications, written or oral.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

14.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

14.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

14.7 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (except for payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or failures of third-party telecommunications or power supply.

14.8 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given:

• When delivered personally
• When sent by confirmed email
• Three (3) business days after being sent by registered or certified mail, postage prepaid

Notices to Omni Genesis should be sent to: legal@proofpudding.ai

14.9 Marketing and Publicity

You agree that Omni Genesis may identify you as a customer and use your company name and logo in marketing materials, customer lists, and promotional content. If you do not wish to be identified, please notify us in writing at legal@proofpudding.ai

14.10 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by applicable authorities.

14.11 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

14.12 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Data Protection and Privacy

15.1 Privacy Policy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

15.2 GDPR Compliance

To the extent that we process personal data on your behalf as a data processor under the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the following applies:

• (a) We will process personal data only on your documented instructions
• (b) We will ensure that persons authorized to process personal data have committed to confidentiality
• (c) We will implement appropriate technical and organizational security measures
• (d) We will assist you in responding to data subject requests
• (e) We will delete or return personal data upon termination of the Services, at your election

15.3 Data Processing Agreement

For customers requiring a formal Data Processing Agreement ("DPA") under GDPR or other applicable data protection laws, please contact us at legal@proofpudding.ai. Enterprise customers may request our standard DPA for execution.

15.4 Security Certifications

We are currently pursuing SOC 2 Type I certification. Information regarding our security practices and certifications in progress is available upon request.

15.5 Sensitive Data

If you intend to process sensitive categories of data (including but not limited to health information, financial credentials, biometric data, data concerning children, or government identification numbers), you must notify us in advance and ensure that you have obtained all necessary consents and authorizations. Additional terms may apply to the processing of sensitive data.

16. Contact Information

If you have any questions about these Terms or the Services, please contact us: