Terms & Conditions

Ominity is a product operated by Connexeon BV, trading under the brands Ominity and Wizzou, with registered office at Emiel Banningstraat 47 / 5, 2000 Antwerp, Belgium (the Provider, we, us, or our).

• Enterprise number: 0867.496.536.
• VAT number: BE0867496536.
• Register of legal entities (RPR/RPM): Antwerp, Antwerp division.
• Email for contracts, support, complaints, and privacy requests: [email protected].
• Contractual and support correspondence is handled by email; no telephone support service is offered.

The contracting entity identified in an accepted Order must match the entity providing the relevant Service. A reseller or implementation partner may have its own agreement with the Customer. That agreement does not bind the Provider unless the Provider expressly accepts it.

These Terms govern Ominity subscriptions, software licences, the administration interface, APIs, MCP interfaces, AI features, official mobile and desktop applications, and hosting, storage, infrastructure, support, and related services supplied by the Provider under an Order.

Appendix A sets out the data processing agreement and forms part of the Agreement where the Provider processes personal data on the Customer's behalf.

They cover official Ominity applications for iOS, Android, macOS, Windows, and Linux where those applications are made available. A reference to an operating system does not promise that a version exists or will remain supported indefinitely.

In these Terms:

• Customer means the person or organisation contracting for the Service.
• Business Customer means a Customer acting for trade, business, craft, or professional purposes.
• Authorised User means an administrator, employee, contractor, or other person the Customer permits to access its Ominity instance.
• Order means an accepted checkout, quotation, subscription confirmation, or signed order describing the purchased Service, term, fees, deployment model, and applicable plan.
• Agreement means the Order, these Terms and their applicable appendices, and any expressly incorporated negotiated agreement or service specification.
• Customer Data means content, files, records, configurations, and other data submitted to or generated for the Customer through its use of the Service, excluding the Provider's software and proprietary internal service information.
• Hosted Service means an Ominity instance or related infrastructure operated by the Provider for the Customer.
• Customer-Managed Deployment means software installed on infrastructure operated by the Customer or its selected third party.
• Credits means contractual units used to meter AI, translation, or other expressly identified usage. Credits are not money, a deposit, electronic money, or a payment instrument.
• SLA means a written service level agreement expressly accepted by both parties.
• Third-Party Service means an external payment, AI, translation, storage, identity, communications, hosting, or other service integrated with or used alongside Ominity.

Ominity is principally a business platform. Authorised Users accept the rules governing their use, but do not personally guarantee their employer's subscription fees merely by signing in. A person placing an Order on an organisation's behalf must have authority to bind that organisation.

Before ordering, the Customer must be given access to the applicable Terms and material subscription information in a form it can retain. The Agreement is formed when the Provider accepts the Order or confirms activation following the Customer's acceptance. Downloading a free app alone does not purchase a paid subscription.

The Customer's purchase terms apply only if expressly accepted in writing. An invoice reference to them is insufficient.

Where provisions conflict, the following priority applies:

1. A specifically negotiated agreement or amendment, for the subject it expressly addresses.
2. The applicable SLA, for availability, recovery, support, and remedies it expressly addresses.
3. The Order and agreed service specification.
4. Appendix A, for processing of personal data on the Customer's behalf.
5. These Terms.

Mandatory law always prevails. The Privacy Policy is a transparency notice, not a waiver of rights or a replacement for a data processing agreement. Cookie consent is separate from acceptance of these Terms.

Statements about future features, roadmaps, demonstrations, example dashboards, and case-study results do not create delivery deadlines or guaranteed business outcomes unless expressly included in the Agreement. Specific statements that form part of the agreed service description remain binding; this provision does not permit misleading advertising.

Subject to the Agreement, the Customer receives a limited, non-exclusive licence to use the purchased Ominity edition and enabled features during its subscription term, within the authorised instance, user, channel, and usage limits. It may grant access to Authorised Users for its own business and use the APIs to operate its websites and applications.

Ownership of Ominity, its source code, infrastructure tooling, documentation, designs, and reusable technology stays with the Provider or its licensors. No transfer of ownership, source-code delivery, perpetual licence, or escrow arrangement arises merely from subscribing, configuring fields, or commissioning an extension. Open-source components remain subject to their own licences, and mandatory interoperability rights are unaffected.

The Customer must maintain accurate account and billing information, use appropriate authentication, assign the minimum necessary permissions, secure API keys and tokens, and remove access when it is no longer justified. Sharing credentials to evade user limits is prohibited. Multiple users within a customer account must use the roles and memberships configured for them.

The Customer is responsible for actions by persons it authorises and for its permission and integration configuration. It must promptly report suspected compromise. It is not automatically responsible for unauthorised activity caused by the Provider's own attributable security failure.

The Order identifies the Content or Commerce edition and the Free, Growth, Scale, Enterprise, or other plan purchased. The plan specification accepted at purchase determines the included features and limits. We do not retroactively reduce agreed limits solely because a public pricing page changes.

Limits may concern channels, administrators, pages, languages, active products, media storage, API or MCP requests, execution workloads, concurrent requests, AI Credits, and other defined resources. An unlimited allowance removes the stated numerical plan cap; it does not authorise abusive traffic, shared resale, security risks, or consumption unrelated to normal use of the purchased Service.

We may apply proportionate technical limits to protect the Service. If legitimate usage persistently exceeds the resources appropriate to the plan, we will normally discuss a suitable plan or capacity adjustment before restricting it. Emergency security measures may be immediate. A higher charge requires the Customer's agreement or a previously accepted, clearly priced usage arrangement.

Reaching a quota may prevent new creation, delay jobs, or limit the relevant feature. We will not automatically delete existing Customer Data merely to enforce a downgrade without advance notice and a reasonable opportunity to export or reduce usage, except where lawful urgent removal is necessary.

Free plans and trials provide limited access without a contractual uptime percentage, response-time commitment, recovery-time commitment, or contractual entitlement to backup restoration or service credits. Enhanced caching, real-time updates, collaboration, AI allowances, and other features are included only to the extent shown in the applicable Free or trial specification.

They are supplied on an available-capacity basis. To the extent lawful, there is no promise of continuous availability, suitability for a particular business workflow, or continuation of a preview feature. Customers requiring operational guarantees must purchase an appropriate plan and, where needed, agree an SLA.

The Provider remains subject to applicable security, confidentiality, data protection, and other mandatory duties. Free status does not remove those duties or permit exclusion of liability for conduct covered by section 23.4.

We may discontinue a Free plan or reclaim a Free instance after 180 consecutive days without authenticated use, with at least 30 calendar days' notice and an opportunity to retrieve data where practicable. Security incidents, unlawful use, and legal orders may justify shorter notice. Applicable data-retrieval rights remain preserved.

A trial does not convert to a paid subscription unless the Customer has separately agreed the price, duration, payment obligation, and conversion mechanism. AI trial Credits expire as disclosed when granted and are not a recurring allowance unless stated.

Beta and preview features may change and should not be the sole basis for critical operations. We will identify materially experimental features rather than retrospectively label contracted core functionality as beta.

The Customer pays the prices and currency shown in the Order. All prices displayed on Ominity's business-facing website, pricing pages, quotations, and other business-facing offers are exclusive of VAT, local sales tax, and other applicable transaction taxes. Any applicable tax is additional to the displayed price and is calculated according to the Customer's billing location, tax status, the nature of the supply, and applicable law. Taxes collected by the Provider are identified in the checkout, Order, or invoice, as applicable. Where the Customer is legally responsible for accounting for tax itself, including under a reverse-charge arrangement, that responsibility remains with the Customer.

For an offer directed to consumers, or in any other situation where mandatory law requires a tax-inclusive displayed price or total-price disclosure, those requirements prevail. This tax-exclusive pricing rule does not authorise the Provider to withhold legally required price information or add undisclosed charges.

Subscriptions are billed in advance monthly or annually unless the Order provides otherwise. An annual price presented as a monthly equivalent is an annual payment obligation where checkout expressly says so. Consumption charges, payment processing fees, storage overages, and third-party costs are additional only when their basis and rates are disclosed and accepted.

Payments are due on the invoice date or other agreed due date. Recurring card or bank-debit authorisation covers the agreed charges and does not waive statutory payment rights. The Customer must keep its payment method valid. Payment retries do not extend the service term or create additional subscription fees for the same period.

We may require an initial payment or reasonable payment security before provisioning paid capacity. A genuine invoice dispute must be notified promptly with sufficient detail. Undisputed sums remain payable; a short administrative objection period does not extinguish legitimate legal claims.

For Business Customers, statutory interest and recovery compensation under the Belgian law on late payment in commercial transactions may apply. We will not impose additional penalties that are disproportionate or not permitted by law. For consumers, the applicable mandatory reminder, waiting-period, interest, and compensation rules govern instead.

We may suspend the affected Service after reasonable notice for an overdue undisputed amount. We will normally give at least seven calendar days to remedy payment default before suspension, subject to urgent fraud risks and mandatory rules, including any longer consumer waiting period. Suspension must be proportionate. Ordinary non-payment suspension follows the access and 30-day lifecycle described in section 19. Reserved resources and unavoidable committed costs may continue to accrue to the extent agreed and actually maintained during suspension. Restoration fees, if any, must reflect reasonable disclosed restoration costs.

Monthly subscriptions renew for one month and annual subscriptions for one year unless cancelled before renewal through the billing interface or by email to [email protected]. Unless a separately agreed commitment provides otherwise, cancellation is accepted at any time before the renewal date and takes effect at the end of the current paid period.

For consumers, the cancellation and renewal provisions in section 24 take precedence wherever they give an earlier exit or another mandatory right.

We will record the cancellation and provide confirmation. If a technical problem prevents cancellation, a timely email identifying the subscription is sufficient. Deleting an app, signing out, deleting a user, or disconnecting an instance does not itself cancel the organisation's subscription.

No further subscription renewal is charged after an effective cancellation. Accrued usage, delivered services, and lawfully committed costs remain payable. Cancellation during an annual term does not ordinarily refund unused months, but this rule is subject to Provider breach, agreed refund rights, mandatory switching rules, and consumer law.

An upgrade takes effect immediately following confirmation and is charged proportionately for the remaining current billing period, as disclosed before confirmation. A downgrade takes effect at the next renewal; the Customer must bring usage within the new limits before then. An edition change or separately ordered capacity adjustment takes effect on its disclosed confirmation date. Any departure from these defaults must be expressly stated in the Order.

The special switching provisions in section 20 may require termination on a different date. An annual term is not used to defeat a mandatory right to switch. Any lawful early-termination charge must be separately disclosed before contract formation, objectively justified, and proportionate; no automatic charge equal to all remaining annual fees is created by these Terms.

Subscription price increases normally apply only at renewal, following at least 30 calendar days' advance notice. The Customer may cancel before the new price takes effect. We may change prices for new Orders at any time.

The reasons for a renewal adjustment may include changes in infrastructure, supplier, labour, regulatory, security, or support costs, or changes in the agreed scope. Any index-linked change must follow the formula accepted in the Order. A fixed paid term is not repriced mid-term without agreement, except an expressly accepted variable charge or legally required tax change.

Voluntary cancellation by the Customer stops renewal and takes effect at the end of the current billing term. It does not create a refund of fees for that term merely because the Customer stops using the Service earlier. Fees for services properly supplied and Credits validly consumed are not otherwise refundable except as expressly agreed or required by law. We correct duplicate billing and charges made in error.

If we end a paid subscription early for our own convenience, rather than because of the Customer's breach or a lawful restriction on the Service, we refund the unused prepaid subscription fees attributable to the days remaining after the effective termination date. This is a proportionate daily refund, not a refund of the entire subscription term.

Where we lawfully terminate because of the Customer's material breach, no voluntary cancellation refund is offered. Amounts may be retained only to the extent permitted by law and proportionate to the enforceable payment obligations, services supplied, unavoidable authorised costs, and any lawful compensation. This rule does not authorise an excessive penalty, double recovery, or retention of money that must lawfully be returned. Termination following a legal restriction is assessed according to its cause and applicable law, rather than treated as an automatic forfeiture of all prepaid fees.

Mandatory consumer withdrawal, conformity and renewal remedies, and any other non-waivable restitution or refund right, remain unaffected. A Customer's valid termination for our material breach is distinct from voluntary cancellation for convenience and is subject to its applicable legal remedies.

Third-party costs are non-refundable only insofar as they were authorised, actually and irreversibly incurred, and cannot reasonably be recovered. We will not describe every cost as non-refundable regardless of its circumstances.

The Order or purchase confirmation states the Credit allocation, covered operations, and top-up price. Recurring included Credits expire at the end of each billing month and do not roll over. Purchased top-up Credits expire 12 months after purchase. These expiry rules must also be disclosed before purchase. Different enterprise rules apply only when agreed, and mandatory consumer rights remain unaffected.

Credit costs can vary by model, task, context size, translation volume, or other disclosed metering basis. We may change future consumption rates following reasonable notice for objective provider or processing-cost changes. Changes do not retrospectively alter completed usage. If the change materially diminishes the value of unused purchased Credits, we will offer a reasonable opportunity to use them under the previous rate or an appropriate refund of the affected unused balance.

At the start of an AI job, we reserve an estimated number of Credits. When the job completes, we charge the exact calculated Credit usage and release the unused reservation. If a job fails or is cancelled, its unused reserved Credits are released. Processing already performed by a running job may nevertheless have consumed Credits; failure or cancellation does not automatically reverse that actual consumption. A job that never processes any chargeable work is not charged merely because a reservation was created.

Customers can purchase manual top-ups, explicitly enable automatic top-ups, or expressly authorise usage beyond their available balance with subsequent invoicing. Automatic top-ups and invoiced overspending must disclose the applicable rates, trigger or billing basis, and any applicable spending threshold or agreed limit before authorisation. They are not enabled merely by accepting these Terms. Without the relevant authorisation, insufficient Credits may prevent a job from starting or continuing. Usage records are evidence that may be challenged, not irrebuttable proof.

AI suggestions, generated content, translations, code, and proposed actions may contain errors. The Customer must review them for accuracy, legality, intellectual property issues, and suitability before relying on them. Ominity is not a legal, tax, medical, financial, or other regulated professional adviser, and using it does not create such an advisory relationship.

Where an assistant proposes changes for approval, it executes them only under the approval and permission configuration applicable to that operation. A Customer may separately configure authorised automation. It remains responsible for deciding which actions can run automatically, selecting approvers, and reviewing consequential changes. We do not promise that every integration, API call, or configured automation requires a manual approval unless expressly specified.

Execution histories, rejection reasons, retries, idempotency controls, and outboxes support traceability. They do not guarantee delivery by an external system or exactly-once behaviour in every third-party environment. Customers should use appropriate safeguards for payments, deployments, and other consequential external operations.

Data sent to AI or translation providers is governed by Appendix A and the applicable provider disclosures. This section is not permission to train general-purpose AI models on Customer Data or bypass restrictions on international transfers.

Only infrastructure expressly listed in the Order is included. A software subscription does not automatically include dedicated hardware, a dedicated cluster, a fixed processing region, disaster recovery, offsite backups, frontend hosting, mail delivery, or a particular resource reservation.

For paid Hosted Services, we will use reasonable professional care to operate the agreed Service and remedy material reproducible defects. Except under an SLA, there is no guaranteed uptime percentage, uninterrupted or error-free operation, maximum latency, recovery time, or fixed incident resolution time.

Maintenance, capacity adjustments, dependency changes, security incidents, and hardware or network faults can affect availability. We will provide reasonable notice of material planned maintenance where practicable and minimise avoidable disruption. Emergency maintenance and protective measures may occur without advance notice.

We may use proportionate traffic filtering, rate limits, workload isolation, and temporary restrictions to protect customers and infrastructure. A foreseeable or preventable failure is not automatically excused merely because a supplier or cyberattack was involved.

For Customer-Managed Deployments, the Customer or its selected operator is responsible for its operating systems, network, databases, capacity, access controls, patching, backups, monitoring, and disaster recovery except tasks expressly delegated to us. Support may require a supported version and reproducible configuration.

A licence does not guarantee that a customer-managed environment will be available or secure. We remain responsible for obligations we actually undertake and attributable defects within that scope.

Bring-your-own S3-compatible storage remains subject to the Customer's storage contract. The Customer must configure permissions, encryption, lifecycle policies, region, capacity, and credentials correctly. Provider storage quotas do not cover third-party charges. Changes to storage policies may delete files or make them inaccessible.

We are not liable for failures caused by a storage service independently selected by the Customer, except to the extent our attributable configuration or integration failure caused the loss. Export and deletion of copies outside our control must be arranged with the relevant operator.

The Order or SLA must identify any included backup or recovery service, its scope, frequency, retention, location, recovery process, exclusions, and any recovery-point or recovery-time commitment. Routine infrastructure snapshots or operational replication are not automatically a customer-addressable archive or a contractual restoration entitlement.

Paid Ominity instances managed and hosted by the Provider include managed backups taken once per day with a standard 30-day retention period, unless the Order or Enterprise agreement specifies another arrangement. This describes the scheduled backup frequency and managed backup history; it does not mean continuous backup of every change or a guarantee that every record can be restored to every instant. A licence deployed on infrastructure independently managed by the Customer does not include Provider-managed backups.

We do not charge restoration fees where restoration is necessary because of a failure attributable to the Provider. Restoration requested for another reason, including a Customer's accidental deletion or requested rollback, may be charged according to the scope and complexity of the request. We disclose the applicable charge or calculation basis and obtain the Customer's agreement before performing chargeable work. The absence of a fixed restoration tariff does not permit an undisclosed fee. Mandatory remedies and any separately agreed included restoration service prevail.

The Free plan does not guarantee that Provider-held backups exist or promise managed backup retention. Where the download function is available, a Free customer may keep its own encrypted recovery artefact, without a contractual recovery guarantee. Separate security and data-protection duties remain applicable.

Unless expressly included, individual record restoration, historical version recovery, legal archiving, migration assistance, and recovery of customer-deleted data are not included services. We may offer them separately if technically possible. We do not guarantee recovery of every record or version.

The Customer should retain independent, appropriately protected copies of business-critical data and verify its own restoration procedures. That obligation does not excuse us from an expressly assumed backup duty or statutory security duty.

We are not responsible for loss caused solely by the Customer's instructions, deletion, unauthorised modifications, insecure external systems, or independently operated infrastructure. Where loss results from our own attributable failure, liability is determined under section 23. A general data-loss disclaimer does not nullify a contracted backup service.

An Enterprise plan permits the parties to negotiate additional capacity, security requirements, implementation support, data location, backups, recovery commitments, incident handling, audit arrangements, and different liability terms.

The Enterprise label alone does not promise a particular uptime, recovery-point objective, recovery-time objective, backup period, support schedule, indemnity, insurance amount, or dedicated infrastructure. These apply only as defined in the signed Order, SLA, or enterprise agreement.

An SLA should define its measurement method, scope, exclusions, maintenance treatment, reporting, claim procedure, service-credit calculation, maximum credits, recovery responsibilities, and remedies for repeated serious failure. Service credits compensate the specifically defined service-level failure only to the extent agreed and lawful. They do not extinguish non-waivable rights or automatically replace remedies for unrelated breaches.

The Customer may enable external identity, payment, AI, analytics, communications, storage, and other integrations. A customer-selected integration authorises the data transfers needed for its disclosed function, within the Customer's permissions and lawful instructions. It does not authorise unrelated sharing.

External services have their own contracts and technical dependencies. We are not responsible for a customer's independent provider's decisions or outages merely because an integration exists. Where we engage a supplier to perform our contractual duties, we remain responsible to the extent required by the Agreement and law, including our obligations concerning subprocessors.

The Customer is the merchant or supplier for its sales, subscriptions, bookings, affiliate programmes, and customer-facing services unless the Order expressly provides otherwise. It remains responsible for product descriptions, prices, eligibility rules, taxes, invoicing, refunds, chargebacks, mandates, consumer rights, and lawful commission arrangements. Ominity supplies software tools, not legal validation of the Customer's business rules or a guarantee of successful payment collection.

A partner directory listing is not a guarantee of a partner's work. Custom design, development, integrations, and extensions require a separate scope and contract. If the Provider contracts to deliver such work, it remains accountable for that agreed work; it cannot disclaim it by calling the developer a partner.

The Customer and Authorised Users must not use the Service to distribute unlawful content, infringe rights, commit fraud, send spam, host malware, attack systems, bypass permission controls, evade usage limits, or materially disrupt other customers. Unauthorised penetration testing, resource-intensive mining, and resale of access are prohibited unless separately authorised. Ordinary agency use for a licensed customer's project is permitted.

The Customer must have lawful rights to its content and personal data and supply required privacy notices and consent mechanisms. Sensitive or regulated workloads, including special-category personal data, criminal-offence data, and safety-critical systems, require prior assessment and any necessary written agreement. These Terms do not claim certification for healthcare, financial regulation, or other specialised compliance regimes.

Reports of illegal content or abuse may be sent to [email protected] with the affected location, reasons, and contact information. We will assess reports and take proportionate action consistent with applicable law. Where required, we will give reasons and a means to contest restrictions. We need not conduct blanket surveillance of all customer content.

The Customer retains its rights in Customer Data. It grants us only the rights needed to host, transmit, process, back up where agreed, and otherwise provide the contracted Service and fulfil lawful instructions. We do not acquire ownership of customer content or a general right to sell it.

Feedback may be used to improve Ominity without an obligation to pay royalties, provided we do not disclose Customer confidential information or personal data unlawfully. Any public case study using non-public results requires approval. Use of a customer's name or logo as an endorsement requires permission or an express contractual authorisation.

Each party must protect the other's non-public information with appropriate care and use it only for the Agreement. Disclosure is limited to personnel, advisers, and suppliers with a need to know and appropriate confidentiality duties. Exceptions concern independently developed information, information lawfully already known, public information not made public through breach, and legally required disclosure. Where lawful, the disclosing party gives advance notice of compulsory disclosure.

Confidentiality survives termination for five years, and longer for trade secrets and personal data to the extent required by their nature or law.

Each party must fulfil the legal obligations applicable to its actual role. Appendix A applies where we process personal data for the Customer. Our own account, billing, security, and business-contact processing is described in the Privacy Policy.

The Customer determines the purposes and lawful basis of its customer-facing processing and is responsible for its notices and configuration. We implement the technical and organisational measures required for our processing role and the risks involved. No system can be guaranteed invulnerable, but this does not reduce mandatory security duties.

Neither payment of a fee nor use of a Free plan changes data subjects' rights. Contractual liability allocations do not bind supervisory authorities or prevent a data subject from exercising statutory compensation rights.

Either party may terminate for a material breach not remedied within 30 calendar days after a written notice describing it. A shorter reasonable period may apply to overdue payment or an urgent operational issue. Termination can be immediate where the breach cannot be remedied, continued service would be unlawful, or a serious security or fraud risk requires it.

Protective suspension must normally be limited to the affected accounts, functions, or workloads, with notice and an explanation where lawful and practicable. We will restore service when the reason is resolved and restoration is safe. Insolvency alone does not confer a termination right beyond what applicable insolvency law permits.

For ordinary suspension caused by an unpaid renewal invoice or other overdue undisputed service debt, licence invalidation restricts access to the administration portal and MCP interfaces while the operational headless API continues to run during the suspension period. This continuity measure is intended to reduce immediate disruption to connected websites, webshops, applications, and integrations. It is not a separate uptime guarantee or permission to use restricted administration features through another route.

If the default remains unresolved for 30 calendar days after suspension, we may terminate the affected Service following the required notices and subject to any longer mandatory period or agreed arrangement. Suspension is not immediate deletion. Once the Service is terminated, the instance and its production data are subject to section 20. Security threats, unlawful use, or legal orders may require a different restriction, including stopping API operation earlier; ordinary payment suspension is not a promise to continue harmful or prohibited activity.

We may discontinue a paid Hosted Service for business reasons with at least 90 calendar days' notice, suitable retrieval arrangements, and a proportionate refund of unused prepaid fees. This right is subject to a binding fixed-term service commitment, an enterprise agreement, and mandatory law. Free-plan discontinuation is governed by section 6.

If prolonged force majeure prevents the material Service for more than 30 consecutive calendar days, either party may terminate the affected Service. Fees for services already provided remain payable; prepaid fees for service that will not be provided are refunded proportionately. An event is force majeure only if the legal conditions are met; ordinary lack of funds, preventable failure, or a supplier problem is not automatically force majeure. The affected party must notify the other and take reasonable mitigation measures.

20.1 Ordinary retrieval

The Customer may retrieve available Customer Data during the active term using supported exports and APIs and should complete any ordinary export before the effective service end date. An ordinary cancellation request leaves the subscription active until the end of its current paid billing term; it is not immediate termination.

At the effective end of a Hosted Service, we may stop the running instance and its operational headless API and administration access. Before deleting the production data, we preserve a secure, usable copy of the Customer Data and customer-related digital assets that must remain retrievable. We provide authenticated, appropriately authorised access to that copy for at least 30 calendar days after the effective end date, or for any longer retrieval period required by section 20.2, mandatory law, or the applicable agreement. This retrieval copy does not include continued production hosting, write access, or operation of the Customer's website or integrations. Residual operational backups can remain for their applicable rotation periods.

Mandatory switching, retrieval, personal-data return, and consumer rights take precedence over that routine deletion policy. Where such a right requires data to remain retrievable, we must postpone final erasure or preserve an appropriate secure and usable retrieval copy for the required period. This does not require free continuation of full production operation merely because a retrieval period remains. A proprietary encrypted backup that the Customer cannot use as a portable export is not substituted for a required retrieval method. Customer-managed data remains under the relevant operator's control.

Access must be authenticated and appropriately authorised. A payment dispute does not justify retaining Customer Data as leverage or blocking a mandatory export right.

20.2 Switching of covered data processing services

Where the EU Data Act's switching provisions apply, the Customer may request a switch to another provider or its own infrastructure by contacting [email protected]. The Provider will not impose a notice period exceeding two months before initiation. The ordinary transitional period is at most 30 calendar days after that notice period, during which the Agreement continues and we provide reasonable assistance, continuity, and appropriate security.

If that transition is technically infeasible within 30 days, we will explain the reasons within the statutory period and identify a lawful alternative transition, not exceeding seven months. The Customer may extend the transition once where entitled to do so. The Agreement for the affected Service ends on successful completion, with confirmation, or on the applicable date when the Customer requests erasure rather than switching.

There is a retrieval period of at least 30 calendar days after the transition. We will securely erase exportable Customer Data and customer-related digital assets after the applicable retrieval period and successful switch, subject to lawful retention of necessary separate compliance records and the controlled deletion treatment in section 20.4. We do not contract around mandatory erasure requirements through indefinite backup retention.

20.3 Export scope and costs

The Service currently provides access to most operational instance data through its documented APIs, subject to the authorised user's permissions, the relevant endpoints, and reasonable technical limits. Operational records available through supported endpoints include products, pages, orders, invoices, customers, and subscriptions. Certain features also offer administrative exports, including customer and product exports. The fields, formats, pagination, and relationships available depend on the particular API endpoint or export function; this is not a representation that every stored field or category has a self-service export.

The current standard Service does not provide raw database files, SQL database dumps, or a complete database-and-files package for migration. Customers may download an encrypted Ominity backup for independent custody through the applicable backup-download function. That backup is a proprietary encrypted recovery artefact, not a customer-readable database dump or an interoperable migration export. Possession of it does not itself grant access to the internal database schema or a means to import its contents into another platform. Its recovery use remains subject to the applicable Ominity recovery process and any separately agreed recovery service; no universal or self-service restoration capability is promised.

Execution-pipeline run records, audit logs, and dashboard configurations currently have no customer export facility. Their absence from the standard export functions is a description of current functionality, not a determination that they are legally exempt from an applicable access, return, or switching obligation. Other feature-specific retrieval options are described in their current documentation; no complete export of every stored field or configuration is promised.

Where mandatory law requires the return or export of additional Customer Data, including qualifying input, output, or metadata, we will fulfil the applicable obligation through a lawful retrieval method. Lack of a standard export button or endpoint does not override that obligation. An encrypted backup that cannot be used at the destination is not treated as satisfying a required portable export. Customer-related data must be distinguished from genuinely proprietary platform internals; protecting an internal schema does not by itself justify withholding data that must lawfully be supplied in another usable format.

Excluded categories are Provider source code, private platform implementation details, cross-customer security information, another customer's data, internal infrastructure secrets, and Provider trade secrets or protected intellectual property to the extent the applicable law permits their exclusion. Exclusions must not obstruct a lawful switch. These Terms do not transfer a software licence or third-party licence beyond its existing scope or promise an identical implementation at the destination.

From 12 January 2027, no switching or data-egress charge is imposed where prohibited by the EU Data Act. Before that date, any permitted switching charge is limited to the legally permitted cost, disclosed before agreement. Separate optional work, such as rebuilding a frontend or developing a new integration, can be quoted separately only if it is not relabelled mandatory switching assistance. Any otherwise lawful early-termination charge is disclosed separately as required in section 8.

20.4 Deletion and retained records

Hosted production data is deleted according to the termination lifecycle in section 20.1, except where a required or separately agreed retrieval period or lawful return process requires later deletion. Paid Provider-managed backups normally retain a 30-day history. Certain other or separately agreed backup classes may be retained for up to 365 calendar days from their creation. This maximum window does not extend the ordinary paid plan's managed-backup history or promise that any particular data can be restored for a year. Free plans have no contractual Provider-held backup guarantee.

Residual copies of deleted data are restricted from normal use and removed as the relevant backups expire, in any event no later than 365 calendar days after production deletion. Where applicable law requires earlier erasure or effective irreversible removal, that requirement prevails over the routine backup cycle and we apply the necessary deletion measures. A backup cycle is not a blanket permission to retain all deleted data for a year. If a backup is restored for necessary disaster recovery before final removal, the relevant deletion restrictions are reapplied before the affected data is returned to ordinary processing.

We may retain separate billing, compliance, dispute, and necessary security records for their lawful retention periods, without retaining the entire tenant merely because one invoice must be preserved. Other authorised users' legitimate organisational records are not automatically deleted when one user's account is removed. We do not guarantee recovery after final deletion.

Official apps provide access to supported Ominity instances and require compatible devices, supported operating systems, and normally a network connection. The app may open customer-controlled instances or external services with their own notices. App availability does not expand the organisation's purchased plan or permissions.

We may release compatibility and security updates, retire unsupported versions with reasonable notice where practicable, and require critical updates to protect access. There is no promise to support every device or operating system indefinitely. Mandatory obligations to provide updates remain unaffected.

Notification and other device permissions are optional except where needed for a function the user chooses. Users can control them in operating-system settings. Privacy consent is not bundled with subscription acceptance.

Users may request account deletion through the routes described in the Privacy Policy. Deletion of a personal user account is distinct from cancellation of a tenant subscription or deletion of organisational data. We will process the request according to applicable law and app-distribution requirements, and explain legitimate retention rather than merely freeze the account.

For an app distributed by Apple, Apple's standard application licence applies to the download unless we expressly supply an accepted custom EULA. These Terms govern the Ominity Service and do not purport to replace that standard app licence. Apple is not the supplier of our hosted business service. Other distribution platforms' applicable download and payment terms remain effective. If subscriptions are sold through an app store, its disclosed billing and refund procedures apply alongside mandatory law.

A Business Customer will reimburse reasonable damages and defence costs arising from a third-party claim to the extent caused by the Customer's unlawful content, infringement of rights, unlawful instructions, or material abusive use of the Service. This does not cover a claim caused by our breach, unauthorised processing, negligence, or misconduct.

We must give prompt notice, permit reasonable participation in the defence, mitigate loss, and not agree a settlement imposing non-monetary obligations on the Customer without its approval. A failure to notify reduces recovery only to the extent it prejudices the defence. No double recovery is allowed.

23.1 Ordinary liability

For Business Customers, and subject to section 23.4, we are liable for proven direct, reasonably foreseeable damage caused by an attributable failure to perform the Agreement. We are not an insurer of the Customer's entire business, and do not guarantee revenue, conversion, profit, rankings, or commercial success.

Subject to section 23.4, liability excludes lost profit, lost revenue, lost opportunity, lost anticipated savings, loss of goodwill, and indirect or consequential business interruption. Consequential losses arising from loss or corruption of data fall within these exclusions. However, reasonable direct costs of restoring data can constitute direct damage where caused by our failure to perform an expressly assumed backup, security, or data-preservation obligation. This distinction preserves the substance of contracted recovery services.

23.2 Aggregate cap

For a paid Service, our aggregate liability for claims arising from the same event or connected series of events is limited to the greater of EUR 500 and the subscription and service fees, excluding taxes and third-party pass-through charges, paid or payable for the affected Service attributable to the six months preceding the event. Annual prepaid fees are allocated proportionately over their service period. If the Service has existed for less than six months, the calculation uses that shorter period.

For a wholly Free Service, the corresponding aggregate cap is EUR 100, subject to section 23.4. No contractual service-credit remedy arises from Free use. An Enterprise agreement may replace these amounts or create separate caps. Credits or compensation already paid for the same damage count towards the applicable cap without permitting double deduction.

23.3 Causation and mitigation

Each party must take reasonable steps to prevent and mitigate damage. Liability is reduced to the extent the Customer's own attributable act caused or aggravated it, including failure to implement an agreed independent backup arrangement. We are not liable for a failure caused solely by a customer-controlled system or independently chosen provider. This does not exclude our responsibility for suppliers performing obligations we undertook.

The Customer should notify us promptly and provide a reasonable opportunity to investigate and remedy a failure. Urgent reasonable measures to prevent further damage need not await our approval. A delay in notification does not automatically extinguish a claim; its actual effect on mitigation or evidence is relevant.

23.4 Exceptions and essential obligations

The exclusions, caps, indemnities, and remedies in these Terms do not exclude or limit liability for fraud, intentional misconduct, gross negligence, death or injury to physical or psychological integrity, or liability that mandatory law prohibits limiting. They do not deprive an essential contractual obligation of its substance or restrict a data subject's statutory rights against a responsible party. Mandatory GDPR liability and recourse rules remain applicable.

23.5 Contract-related claims and auxiliary persons

To the extent permitted by Belgian law, Business Customers agree that claims for ordinary damage arising from performance of the Agreement are pursued against the Provider under the agreed contractual allocation, and not by circumventing it through an equivalent extracontractual claim against the Provider or its directors, employees, or subcontractors acting as auxiliary persons. These persons may invoke this protection as intended third-party beneficiaries.

This provision does not protect intentional misconduct, damage to physical or psychological integrity, or any claim or claimant for which such a restriction is impermissible. It does not bind data subjects or public authorities that are not parties, excuse our own obligations, or remove mandatory employee or other statutory protections.

24.1 Who is a consumer

Ominity is primarily designed for business use, but consumers may purchase a licence. A consumer is a natural person acting for purposes outside their trade, business, craft, or profession. Status depends on the actual purpose of the purchase, not merely the Customer's selection of a checkout label.

Applicable Belgian and EU consumer protections prevail over conflicting provisions throughout the Agreement. The business liability caps and business-specific risk allocation do not automatically apply to consumers. Free access also remains subject to any mandatory rights applicable to the arrangement.

24.2 Information and price before purchase

Before concluding a consumer contract, we provide the applicable features, compatibility and interoperability information, full tax-inclusive price or lawful calculation method, payment frequency, duration, renewal and cancellation rules, and material usage and Credit limitations. The final payment step must unambiguously show the payment obligation. We provide confirmation of the Agreement and required information on a durable medium, such as email.

The tax-exclusive convention for business pricing does not replace mandatory total-price disclosure for consumers. Material terms and any mandatory provider contact information must be supplied before the consumer commits.

24.3 Statutory withdrawal

For a qualifying distance contract for the Ominity Service, the consumer may withdraw without giving a reason within 14 calendar days after the contract is concluded. The consumer must send an unequivocal withdrawal statement before that period expires, by email to [email protected], by post to the registered office in section 1, or through the applicable online withdrawal function. The optional model form below can be used but is not compulsory.

We acknowledge an online withdrawal request on a durable medium and refund the sums required by law without undue delay, ordinarily within 14 calendar days after receiving the request, using the original payment method unless another method is agreed without a charge to the consumer. A longer statutory withdrawal period applies where required information was not properly supplied.

If the consumer expressly requests commencement of an ongoing service during the withdrawal period, we obtain that request separately. If the consumer then withdraws, a proportionate charge for service actually supplied before withdrawal is due only where the statutory conditions and information requirements are met. Starting an ongoing SaaS subscription does not by itself extinguish the withdrawal right or make the entire annual fee immediately non-refundable.

Any exception for non-tangible digital content or a fully performed service applies only where the law actually recognises the exception and all required express consent, acknowledgement, and confirmation conditions have been met. We will not treat all software-related purchases, Credits, or recurring services as automatically exempt.

24.4 Renewal and cancellation

Automatic renewal and its effects must be prominently disclosed in the form required by applicable law before purchase. The consumer may cancel before the renewal deadline through the billing interface or email. After a first tacit renewal of a fixed-term service contract, the consumer may terminate at any time without a termination penalty, with a notice period not exceeding two months; any shorter applicable contractual or statutory period prevails.

Unused prepaid fees after the effective termination date are refunded to the extent required by law. No term requiring payment until the end of an entire renewed year overrides the consumer's mandatory exit right. Charges for valid usage before termination remain payable. Uninstalling an app is not a cancellation request, but a clear timely cancellation received by us is not refused solely because it was sent by email.

24.5 Conformity, updates, and remedies

The Service must conform to the applicable statutory requirements and agreed description, including mandatory security and update duties. Where the Service is non-conforming, the consumer has the applicable rights to have it brought into conformity and, where the conditions are met, to a price reduction or termination and refund. An SLA, a Free-plan disclaimer, a Credit-expiry rule, or the absence of an SLA does not remove those rights.

The statutory rules governing notices, reminders, waiting periods, interest, and recovery charges for consumer debts replace the business late-payment regime. Choice of Belgian law and the Antwerp forum does not deprive consumers of mandatory protection or a competent forum available under applicable law.

24.6 Complaints and model withdrawal form

Complaints may be sent to [email protected]. The consumer may also seek help from the competent consumer dispute-resolution body, including the Belgian Consumer Mediation Service where applicable, at https://www.consumentenombudsdienst.be/. We do not claim mandatory participation in a voluntary scheme unless applicable to us. This does not prevent proceedings before a competent court.

Model withdrawal form, optional:

To: Connexeon BV, Emiel Banningstraat 47 / 5, 2000 Antwerp, Belgium; [email protected].

I/we hereby give notice that I/we withdraw from my/our contract for the following Ominity service: __________.

Contract concluded on: __________.
Consumer name(s): __________.
Consumer address: __________.
Account email or Order reference, if available: __________.
Date: __________.
Signature, only if this form is submitted on paper: __________.

Material changes to these Terms for ongoing subscriptions require at least 30 calendar days' notice, a valid objective reason such as a legal, security, technical, or service-delivery change, and a lawful incorporation mechanism. A Customer may reject a materially adverse change by cancelling before it takes effect, with an appropriate refund if the change must apply during a prepaid period. Urgent mandatory legal or security changes may require shorter notice, with explanation and preservation of statutory rights.

We will not retroactively alter accrued rights or introduce a materially different paid service through a general change clause. Negotiated Enterprise terms change according to their own amendment process. Continued use is not treated as irrebuttable proof of acceptance.

Notices may be delivered by the agreed email address or a durable customer-portal message. Customers must maintain current contacts. Logs, emails, approvals, and electronic records can be used as evidence subject to applicable evidentiary rules and contrary evidence.

Neither party's failure to enforce a right is a general waiver. An invalid clause does not automatically invalidate the entire Agreement if the remainder can lawfully stand; severability does not make an unfair clause valid or necessarily permit judicial rewriting.

The Customer may not transfer a subscription without consent, except as required by law. We may transfer the relevant business or Agreement in a reorganisation or sale if performance capability and the Customer's material rights are maintained, with appropriate notice and lawful data handling. A materially prejudicial transfer requires consent or an appropriate exit right.

The Agreement is governed by Belgian law, including applicable EU rules. For disputes with Business Customers, the competent courts of the judicial district of Antwerp, Antwerp division, have jurisdiction, except where mandatory jurisdiction rules provide otherwise. The parties should first attempt a practical resolution through [email protected], without preventing urgent relief or legal proceedings.

This choice does not deprive consumers of mandatory protections of their habitual residence or lawful forum, or restrict data subjects' rights to complain to a competent supervisory authority.

This Appendix applies where Connexeon BV processes personal data on behalf of the Customer when supplying a Hosted Service, providing authorised remote support, or carrying out another agreed processing task. It does not make us the processor for data we determine to process independently for our own billing, legal compliance, or business administration.

The Customer is the controller, or a processor authorised by its controller to appoint us as subprocessor. The Agreement, service configuration, authorised API and administrator instructions, and separately accepted written instructions define the processing. Instructions are valid only within the authority of the person giving them. A customer instruction does not authorise an unlawful purpose.

We process personal data only on documented instructions, including transfers outside the EEA, unless applicable law requires otherwise. Where lawful, we notify the Customer of a conflicting legal obligation before processing. We notify the Customer if an instruction appears to infringe data protection law and may pause the disputed operation while the parties resolve it.

The Customer must complete any deployment-specific additions needed to make this description accurate, especially for regulated information, integrations, or unusual data subjects. We may not reuse tenant personal data for our unrelated marketing or general-purpose model training on the basis of this Appendix.

The Customer is responsible for lawful collection, transparency, appropriate instructions, its own permission controls, accuracy where relevant, and deciding retention and permitted integrations. It must not instruct processing beyond its authority and must supply the information necessary for us to perform the agreed security and assistance duties.

Where the Customer is a processor, it must obtain required upstream authorisation and pass relevant obligations and requests to us. That does not relieve us of our own statutory obligations.

Persons authorised to access personal data must be bound by confidentiality obligations and restricted to access necessary for their duties. We maintain risk-appropriate technical and organisational safeguards and review them as the Service changes.

The measures stated in this section form the baseline security schedule for the processing. Additional Enterprise measures apply only when agreed. The Provider maintains risk-appropriate security maintenance, vulnerability handling, incident-response, access-review, and data-deletion processes as required by its actual processing responsibilities; no particular patch interval, monitoring coverage, test frequency, certification, or recovery objective is promised without a specific agreement.

A Free plan may have no contractual backup product, but still receives the safeguards required by the risks of its personal-data processing. We will not materially reduce the agreed protection without a lawful change process. Appropriate compliance information remains available under section A9 without exposing credentials, private keys, or unnecessary sensitive infrastructure details.

The Provider encrypts critical data and encrypts backups, including backups held by external storage providers. The encryption scope and key-handling procedures are maintained in controlled internal documentation and may be explained through an appropriate confidential assurance process. This statement does not assert that every field, transient log, or processing operation is end-to-end encrypted. Provider-operated production infrastructure is currently owned and operated by the Provider in Antwerp. Future infrastructure changes remain subject to agreed location commitments, appropriate notice, subprocessor controls, and lawful-transfer requirements.

Security controls include HTTPS for service connections, two-factor authentication for privileged staff access, least-privilege access allocation, and documented internal operating procedures and runbooks. Least privilege means limiting a person's or system's permissions and access to what is necessary for its authorised task. These controls do not imply a certification or regulatory endorsement that has not been expressly identified and substantiated.

The Provider maintains documentation, processes, and measures addressing applicable cybersecurity requirements. No independent NIS2, CyFun, or ISO certification, or CCB approval or endorsement, is asserted by these Terms.

Tenant isolation uses separate databases, containers, and credentials. Access to tenant data is restricted to specifically approved and screened personnel whose duties require it and who are bound by confidentiality obligations. Ordinary support access to a tenant instance requires approval from the requesting authorised customer contact. This support-approval rule does not prevent narrowly necessary security-incident handling, legal compliance, or other processing already authorised by the Agreement and law.

Production equipment is housed in access-controlled datacentre facilities. The Provider describes the facilities as meeting at least Tier III standards; no independent Tier certification is asserted without an identified certificate and scope. Connexeon alone controls the backup encryption keys. Low-level network configurations, credentials, and private keys are not published in the security schedule, but sufficient information about the applicable safeguards remains available to the Customer as legally required.

The Customer gives general authorisation for the identified suppliers below to act as subprocessors to the extent they process tenant personal data for enabled features. Their role depends on the service used and the data submitted. Supplier changes remain subject to the notification and objection process in this section.

Only data needed for the selected task should be submitted. These supplier names identify the services presently confirmed by the Provider; they do not assert a particular contracting entity, processing location, or EU-only processing guarantee. Provider-operated production hosting and databases remain subject to the location commitments in section A2. Other contracted infrastructure, encrypted backup-storage, and communication services may process personal data within their assigned functions. This list does not exclude the Provider's applicable identification, authorisation, or international-transfer duties. Individual support staff names and sensitive infrastructure configurations are not published in this schedule.

We give at least 30 calendar days' notice of a new or replacement subprocessor before it receives tenant personal data, except a documented emergency where a shorter period is necessary and legally permissible. The Customer may object on reasonable data-protection grounds during that period. We will discuss a practical alternative. If none is reasonably available, either party may end the affected processing and Service before the change, with a proportionate refund of unused prepaid fees for the affected Service.

We impose equivalent relevant data-protection duties through a written contract and remain responsible for our subprocessor's performance as required by law. A Customer's separately engaged integration is not automatically our subprocessor; its actual role depends on the arrangement.

We send subprocessor-change notices to the Customer's designated administrative or privacy contact by email at least 30 calendar days before the change, subject to the emergency rule above. The Customer must keep that contact current.

We will not transfer tenant personal data outside the EEA without a lawful mechanism and documented authority. Depending on the recipient, this may require an applicable adequacy decision or standard contractual clauses, a transfer assessment, and supplementary safeguards. An adequacy mechanism is relied upon only if it actually covers the recipient and processing.

Transfers and remote access locations must be disclosed in the processing and subprocessor schedules. The Customer can request information about applicable safeguards, subject to reasonable protection of confidential details. An instruction to enable an external integration does not waive transfer requirements.

We notify the Customer without undue delay after becoming aware of a personal data breach affecting its data. Our contractual target is an initial notification within 24 hours of awareness, where practicable. Missing facts must not delay an initial notice, which may be supplemented as the investigation progresses. The 24-hour target is not permission to delay an earlier notice required by the circumstances or law.

We provide available information about the incident, affected data and subjects, likely consequences, mitigation, and a contact point, followed by updates as investigation progresses. We preserve relevant evidence and cooperate in containment and remediation.

The Customer determines its controller notifications and communications unless law requires us to act directly. Our notice is not an admission of liability. The Customer's potential 72-hour supervisory-notification deadline is not our permitted waiting time to notify it.

Taking account of the processing and information available, we assist the Customer with data-subject requests, security obligations, breach assessment, data protection impact assessments, and prior consultation. We promptly forward a request concerning tenant data unless prohibited by law and do not independently decide it except as authorised or required.

Assistance included in the standard Service is not separately charged. Substantial additional work may be charged at agreed reasonable rates where lawful, but not where caused by our own breach. Charges or payment disputes do not justify refusing mandatory assistance or delaying a legal deadline.

We provide information reasonably necessary to demonstrate compliance and allow and contribute to lawful audits by the Customer or its independent auditor. Existing reports and remote evidence may be used first where sufficient. Routine audits should be arranged on reasonable notice, minimise disruption, preserve other customers' confidentiality, and use an auditor bound by confidentiality.

There is no absolute annual audit limit where an incident, reasonable non-compliance concern, or supervisory request requires additional review. Necessary statutory audits cannot be vetoed by a general discretion or payment condition. Routine Customer-requested audit costs may be allocated reasonably by agreement; we bear our reasonable costs of correcting our breach.

At the Customer's choice, we return or delete tenant personal data after the processing ends and delete remaining copies unless law requires retention. Section 20 governs the practical retrieval period and must operate consistently with this choice and mandatory switching law.

The deletion schedule must cover production, replicas, exports, caches, and backups, with a maximum deletion interval and controls against reuse. We confirm completion on request. Lawfully retained records are restricted to their retained purpose. The Customer manages copies it or its independent suppliers hold.

Confidentiality, security for any lawfully retained data, and applicable legal duties survive until all relevant processing ends. Contractual limits allocate permissible claims between the parties only; they do not remove obligations or compensation rights established by mandatory data protection law.