Terms of Service

Effective: April 23, 2026

1. Scope

These Terms of Service ("Terms") govern your access to and use of witness-compliance.eu ("Witness", "the Service"), operated by Parallax Technologies GmbH ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms.

Witness is designed for use by business organizations, companies, and other legal entities. Natural persons acting outside a trade or profession qualify as 'consumers' under § 1 KSchG and Directive 2011/83/EU and benefit from mandatory consumer protections that prevail over any inconsistent provision of these Terms. Nothing in these Terms limits mandatory statutory rights, including mandatory warranty rights (Gewährleistung, §§ 922 ff. ABGB) or mandatory protections under the Austrian Konsumentenschutzgesetz (KSchG).

2. Service Description

Witness is a self-service EU AI Act compliance platform. The Service provides tools for AI system classification, compliance documentation generation, risk assessments, a compliance academy, and an AI-assisted expert chat. The Service is designed to assist organizations in understanding and meeting their obligations under Regulation (EU) 2024/1689 (the EU AI Act). The Service is informational software and does not provide legal, regulatory, tax, or compliance advice.

3. Account Registration

To use certain features of the Service, you must create an account. By creating an account you agree that:

  • You will provide a valid email address for authentication.
  • Each account is for a single individual. Shared accounts are not permitted.
  • You are responsible for maintaining the security of your account and for all activities that occur under your account.
  • You must be at least 18 years of age or authorized by your organization to use the Service.

4. Pricing & Payment

Witness offers the following access tiers:

  • Free — Limited features including the AI system classifier, role classifier, and academy essentials. No payment required.
  • Paid tiers (Starter, Professional, Team) — Unlocked via a recurring subscription billed monthly or yearly through Paddle at the published rate. The subscription renews automatically until canceled. You may cancel at any time; access to paid features continues until the end of the paid billing period, and documents you have already exported remain yours.

All payments are processed in EUR by Paddle, who acts as our merchant of record. We do not store your payment details.

Right of Withdrawal (consumers)

If you are a consumer, you have a 14-day right of withdrawal under the Austrian Fern- und Auswärtsgeschäfte-Gesetz (FAGG) and Directive 2011/83/EU. Witness is digital content not delivered on a tangible medium. Your right of withdrawal expires once the digital content has been supplied, provided that (a) you have expressly consented to the supply beginning before the withdrawal period expires, and (b) you have acknowledged that by giving your consent you thereby lose your right of withdrawal, in accordance with § 18(1)(11) FAGG and Art. 16(m) of Directive 2011/83/EU. Both consents are obtained via a separate, explicit checkbox at checkout. Absent both consents, the 14-day withdrawal period continues to run. Full details and the refund mechanics are set out in our Refund Policy.

5. No Professional Advice

Witness is an informational software tool. It is not a law firm, not a Rechtsberatung within the meaning of the Austrian Rechtsanwaltsordnung (RAO), and it does not provide legal, regulatory, tax, accounting, or compliance advice. All classifications, suggestions, risk scores, obligation lists, and generated documents are AI-assisted informational drafts intended to support — not replace — review by qualified legal counsel. You are solely responsible for (i) verifying the accuracy, completeness, and regulatory acceptability of all outputs; (ii) obtaining independent legal advice before relying on any output; and (iii) any decision, submission, or communication you make to regulators, notified bodies, customers, or other third parties on the basis of the Service. No attorney–client relationship, consultant relationship, or fiduciary duty arises between you and Parallax Technologies GmbH through your use of Witness.

6. AI-Generated Content Disclaimer

Witness uses deterministic legal mappings, structured templates, and artificial intelligence (including Anthropic Claude) to assist with EU AI Act compliance analysis and documentation. By using the Service, you understand and agree that:

  • Witness has been designed and internally reviewed against the cited requirements of Regulation (EU) 2024/1689, including the classification pathways, Annex IV documentation structure, Article 9 risk-management requirements, Article 27 FRIA triggers, Article 43 conformity-assessment pathways, and Article 4 AI-literacy records. This review supports the structure of the Service but is not a legal opinion or guarantee of regulatory acceptance.
  • AI-generated suggestions, analysis, and content are informational only and do not constitute legal advice.
  • Compliance outputs depend on the accuracy, completeness, and currency of the information, documents, assumptions, and decisions you provide. If your inputs are incomplete, inaccurate, misleading, outdated, or omit legally relevant facts, generated documentation may be incomplete or wrong.
  • You are solely responsible for verifying the accuracy and completeness of all output generated by the Service.
  • Witness does not guarantee that generated documentation, classification results, certificates, reports, or other outputs will be accepted by any regulator, notified body, customer, auditor, court, or other third party. The Service assists compliance work; it does not replace professional legal, technical, or conformity-assessment judgment.
  • AI analysis is performed using third-party services (Anthropic Claude) and results may contain errors, omissions, or inaccuracies.
  • You remain fully responsible for your organization's regulatory compliance, for reviewing and approving all compliance documentation before use or submission, and for obtaining legal, technical, or notified-body review where appropriate.

7. Intellectual Property

  • The Witness platform, including its code, design, legal mappings, and educational content, is the intellectual property of Parallax Technologies GmbH and is protected by applicable copyright and intellectual property laws.
  • Content you create using the Service (your compliance documentation, assessment results, etc.) remains your intellectual property. We claim no ownership over your work product.
  • EU AI Act regulatory text referenced within the Service is sourced from EUR-Lex and other official EU publications. We do not claim ownership over official EU legal texts; our own explanations, workflows, templates, and software remain protected content of Witness and its licensors.

8. Acceptable Use

You agree not to:

  • Use the Service for any purpose that is illegal or prohibited by these Terms.
  • Attempt to circumvent access controls, authentication mechanisms, or usage limits.
  • Use automated tools, bots, or scrapers to access or extract data from the Service.
  • Upload malicious content, malware, or any content intended to harm the Service or other users.
  • Interfere with or disrupt the integrity or performance of the Service.

9. Data Processing

Your use of the Service involves the processing of personal data as described in our Privacy Policy. By using the Service, you acknowledge and agree to the data processing practices outlined therein.

Please refer to our Privacy Policy for full details.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the aggregate liability of Parallax Technologies GmbH for all claims arising from or in connection with your use of the Service — whether in contract, tort, statute, or otherwise — is limited, for each contract year, to the greater of (a) twelve (12) times the fees you paid for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty thousand euros (EUR 50,000).

We are not liable for regulatory fines imposed on you by authorities, for outcomes of audits or conformity assessments, for your own compliance decisions, or for any indirect, consequential, incidental, special, or punitive damages, except where such limitation is not permitted by applicable mandatory law.

Statutory carve-outs

The limitation above does not apply to, and your statutory rights are fully preserved for:

  • Liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit).
  • Personal injury, damage to health, or death caused by our negligence.
  • Liability under the Austrian Produkthaftungsgesetz (Product Liability Act).
  • Liability under mandatory provisions of the Austrian Konsumentenschutzgesetz (KSchG) where you are a consumer.
  • Liability for breach of our material data protection obligations under the GDPR.
  • Any other liability that cannot be limited or excluded under applicable mandatory law.

11. Warranties

Except as required by mandatory statutory warranty law (Gewährleistung pursuant to §§ 922 ff. ABGB, applicable to consumers without modification), the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, complete, accurate, current with regulatory interpretation, or fit for any particular regulatory outcome. We make reasonable commercial efforts to reflect the current understanding of Regulation (EU) 2024/1689, but the Regulation's interpretation by the AI Office, national supervisory authorities, and the Court of Justice of the European Union will evolve, and no output of the Service should be treated as a definitive legal position.

12. Regulatory Evolution

The EU AI Act is a new regulation whose interpretation will continue to develop through implementing acts, delegated acts, AI Office guidance, national authority positions, and judicial decisions. Witness reflects our best reasonable understanding of Regulation (EU) 2024/1689 as of the date of document generation. Parallax Technologies GmbH assumes no obligation to retroactively update previously generated documents or to notify you of subsequent regulatory reinterpretation, except to the extent expressly required under your active subscription. You remain responsible for keeping your compliance documentation current.

13. Indemnification

You will indemnify and hold harmless Parallax Technologies GmbH, its directors, employees, and agents from and against any third-party claim arising from (i) your use of the Service in violation of these Terms or applicable law, (ii) your decision to submit AI-generated content to a regulatory authority, notified body, customer, or other third party without independent legal review, or (iii) your breach of any representation or warranty made by you. This indemnity does not apply to claims caused by our intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), and it does not apply to consumers to the extent indemnification by a consumer would be inadmissible under mandatory Austrian law.

14. Termination

  • You may request account deletion at any time by contacting [email protected]. Upon deletion, your data will be removed in accordance with our Privacy Policy retention schedule.
  • We may suspend or terminate your access to the Service if you violate these Terms, with reasonable notice where practicable. In cases of severe or repeated violations, immediate suspension may occur.
  • Upon termination, your right to use the Service ceases immediately. Data deletion follows the retention periods described in our Privacy Policy.

15. Governing Law & Venue

These Terms are governed by Austrian law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

For business customers, the exclusive venue for all disputes arising from or in connection with these Terms is the competent court for 1010 Vienna, Austria.

For consumers, the statutory venue rules of § 14 KSchG apply, and mandatory consumer-protection provisions of the law of your habitual residence shall apply to the extent they provide greater protection (in accordance with the Rome I Regulation).

16. Consumer Dispute Resolution

The European Online Dispute Resolution platform was discontinued on 20 July 2025. Current European Commission ADR information is available here:

https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. 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 provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

18. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email or in-app notification. Continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, you may request account deletion before they take effect.

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