Terms

Last updated: 2026-07-30

This English version is provided for convenience. The German version
("Nutzungsbedingungen") is the legally binding one.

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1. Scope and Provider

1.1 These Terms govern the use of the website omadia.ai including its subdomains
(in particular hub.omadia.ai and the documentation) and the content and services
provided there (together the "Platform").

1.2 The Platform is operated by:

byte5 GmbH
Speicherstraße 1
60327 Frankfurt am Main
Germany
Email: info@byte5.de
Registry Court: Amtsgericht Frankfurt am Main, HRB 79600
VAT ID: DE 254183907
Managing Directors: Christian Wendler, Christian Köhler

1.3 The Platform is directed exclusively at businesses within the meaning of Section 14
of the German Civil Code (BGB) (companies, traders, freelancers), legal entities under
public law, and special funds under public law. Contracts with consumers (Section 13
BGB) are not concluded. Upon conclusion of a contract, the user confirms that they are
acting in the exercise of their commercial or independent professional activity. All
prices stated on the Platform are net prices plus statutory VAT; for businesses in the
EU outside Germany, the reverse-charge procedure may apply.

1.4 Deviating or supplementary terms of the user do not apply, even if byte5 does not
expressly object to them.

1.5 Services provided by byte5 GmbH (e.g. pilot projects, setup, support, custom
development) are additionally governed by byte5's general terms for professional
services. For the use of the Platform and the partner program, these Terms prevail in
the event of conflict. These Terms do not create any entitlement to services.

2. Services Covered

2.1 The Platform provides, free of charge:

2.2 The omadia software itself is not subject to these Terms. It is distributed as
open-source software under the MIT License via GitHub (github.com/byte5ai/omadia).
Acquisition, use, reproduction, and redistribution of the software are governed
exclusively by the MIT License, including its disclaimer of warranty and liability.
Operation of the software takes place on the user's own infrastructure, under the
user's own responsibility.

2.3 byte5 does not owe any particular availability of the Platform, freedom from
defects, or support. byte5 may change, restrict, or discontinue content and services at
any time. The omadia software is in Public Preview status (pre-1.0); interfaces and
data structures may change.

3. Registration and Account (omadia Hub)

3.1 Where individual services (in particular publishing plugins on the omadia Hub)
require registration, the user must provide truthful and complete information and keep
it up to date.

3.2 Credentials must be kept confidential. The user is responsible for activity through
their account to the extent they are at fault for its misuse.

3.3 byte5 may suspend or delete accounts in the event of violations of these Terms.
There is no entitlement to registration or continued operation of an account.

4. Plugins on the omadia Hub

4.1 Downloads by users. Plugins provided by byte5 GmbH via the Hub are made
available under the license stated for each plugin. Third-party plugins are subject to
the license and usage terms of the respective provider; byte5 does not become a
contracting party in that respect.

4.2 Signing and review. byte5 signs plugins published on the Hub and/or reviews
them before publication. This review serves the integrity of the distribution
(tamper protection) and is not a representation that a plugin is free of defects,
security vulnerabilities, or legal infringements. Assessing suitability for the user's
own operation remains the user's responsibility.

4.3 Publication by third-party developers. Anyone publishing plugins via the Hub

• warrants that they hold all rights required for the submitted material;
• grants byte5 a non-exclusive, worldwide, royalty-free right to store, reproduce,
  review, sign, and make the plugin available for download for the purpose of
  operating the Hub;
• indemnifies byte5 against third-party claims based on a breach of these warranties,
  including reasonable costs of legal defense;
• must not submit malware, infringing material, or functionality that transmits user
  data to third parties without disclosure.

4.4 byte5 may remove plugins from the Hub without prior notice, in particular in the
event of security issues or legal violations.

5. omadia Partner Program

5.1 Subject matter. byte5 offers a partner program with the tiers Registered (free
of charge), Silver, and Gold (paid). Scope of benefits, conditions, and terms follow
from the current description on the partner page of the Platform; upon conclusion of
the contract, they become part of the partner agreement.

5.2 Conclusion of contract. The presentation of the partner program on the
Platform does not constitute a binding offer. The partner's application or
registration constitutes an offer; the contract is only concluded upon acceptance by
byte5 in text form. For Silver and Gold, byte5 reserves the right to conduct a
partnership qualification review; there is no entitlement to admission.

5.3 Remuneration. The fees for the paid tiers (currently Silver EUR 2,400 per
year, Gold EUR 7,200 per year, each net plus VAT) are due annually in advance and are
invoiced after conclusion of the contract. The benefits of the respective tier are
activated upon receipt of payment. byte5 may offer additional payment methods (e.g.
credit card).

5.3a Founding Partner promotion. The first 10 Silver or Gold partner contracts
accepted by byte5 receive a 50% discount on the annual fee in the first contract year
(Silver EUR 1,200, Gold EUR 3,600, each net). The time of acceptance by byte5 is
decisive. From the second contract year onwards, the regular price applies. The
promotion is available only until the quota is exhausted.

5.4 Term and termination. The contract term is 12 months. Registered may be
terminated at any time. Silver and Gold renew for successive 12-month periods unless
terminated with 3 months' notice to the end of the term. Upgrades are possible at any time; downgrades take effect at the next
renewal. The right to terminate for cause remains unaffected; for byte5, cause exists
in particular in the event of violations of Sections 5.5 or 5.6 or default of payment
of more than one annual fee despite a reminder.

5.5 Partner obligations. A Registered-tier partner completes the onboarding steps
stated on the partner page within three months of contract conclusion (including badge
and backlink on their own website). The partner does not make inaccurate statements
about the scope of the partnership in their external communication and does not act as
a representative, agent, or branch of byte5. The partner provides services to their
own customers in their own name and for their own account; byte5 does not become a
contracting party of the partner's customers and is not liable for the partner's
services.

5.6 Badge and trademark use. For the term of the contract, byte5 grants the
partner the non-exclusive, non-transferable right to use the partner badge
corresponding to their tier and the designation "omadia [tier] Partner" in accordance
with the applicable UI or brand guidelines. Any further use of the designations
requires prior consent in text form. Upon contract end, downgrade, or revocation, the
right of use for the affected tier expires; the partner removes badge and
designations within 14 days.

5.7 Customer stories and co-marketing. Scope as per the tier description. The
partner ensures that all required rights and approvals (including the consent of the
named customer) are in place for submitted customer stories and indemnifies byte5
against third-party claims in this respect. byte5 decides on the editorial design and
timing of publication.

5.8 Directory. The directory entry is based on information provided by the
partner; the partner keeps it up to date. byte5 may remove entries upon contract end,
in the event of inaccurate information, or in the event of violations. No specific
placement or reach is owed, apart from the featured placement of the Gold tier.

5.9 Support. Support benefits of the Silver and Gold tiers are response
prioritizations; fixed response or resolution times (SLA) are not owed unless
separately agreed.

6. Acceptable Use

6.1 The following are prohibited in particular:

• attacks on the Platform (including circumvention of access controls, load attacks,
  injection of malicious code);
• automated bulk extraction of content beyond intended use;
• submitting unlawful content via contact or upload features;
• use of the trademarks and product names (see Section 8) beyond what is permitted.

6.2 In the event of violations, byte5 may block access and assert claims.

7. Open Source, Contributions, Community

7.1 Contributions to the omadia source code (pull requests, issues) are made via GitHub
and are subject to the rules documented there (CONTRIBUTING.md, Contributor Covenant
2.1) and the project's MIT License.

7.2 Discord and GitHub are third-party services with their own terms. byte5 is not
responsible for these services.

8. Intellectual Property

8.1 The content of the Platform (texts, graphics, videos, design) is protected by
copyright unless stated otherwise. The MIT License covers the source code of the omadia
software, not the content of the website.

8.2 "omadia", "byte5", and the module product names (including "Kemia" and "Palaia")
are designations of byte5 GmbH; trademark applications have been filed. The MIT License grants no trademark rights. Designating
your own distributions or services as "omadia" in a way that suggests origin from byte5
is not permitted; truthful references ("based on omadia") remain permitted.

9. Warranty and Liability

9.1 The Platform and all free-of-charge content are provided without warranty as to
accuracy, completeness, currency, or availability.

9.2 For software and plugins provided free of charge, the disclaimer of warranty and
liability of the MIT License applies; in addition, for items provided free of charge,
byte5 is liable only for intent and gross negligence and for fraudulently concealed
defects.

9.3 In all other respects, byte5 is liable without limitation for intent and gross
negligence, for injury to life, body, or health, and under the German Product Liability
Act. In the case of a simply negligent breach of material contractual obligations
(Kardinalpflichten), liability is limited to the foreseeable damage typical for this
type of contract. Any further liability is excluded.

9.4 The user is solely responsible for the lawful operation of the omadia software in
their environment, including data protection (GDPR), AI regulation (including
Regulation (EU) 2024/1689, the "AI Act"), and industry-specific requirements.
Statements on the Platform such as "GDPR-aware" describe architectural properties and
are not a representation that any specific deployment is legally compliant.

10. Data Protection

Information on the processing of personal data in connection with the Platform is
provided in the privacy policy at omadia.ai/privacy. When self-hosting the software,
the user is the data controller; byte5 does not process the user's data in that context
(no control plane phoning home).

11. Changes to These Terms

byte5 may amend these Terms with effect for the future. The current version is
published on the Platform. Registered Hub users will be notified of material changes in
text form at least four weeks before they take effect; if the user does not object
within that period or continues to use the services, the changes are deemed accepted.
The notification will point out the right to object and the consequences.

12. Final Provisions

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on
Contracts for the International Sale of Goods (CISG).

12.2 The exclusive place of jurisdiction for all disputes arising from or in connection
with these Terms is Frankfurt am Main, provided the user is a merchant, a legal entity
under public law, or a special fund under public law.

12.3 Should individual provisions be invalid, the validity of the remaining provisions
remains unaffected.

12.4 These Terms exist in German and English. In the event of discrepancies, the German
version prevails.