Terms & Conditions

1. Scope

These Terms & Conditions ("Terms") govern your use of the Optysys cloud dashboard and related web services ("Service") provided by Newmatik GmbH, Am Markt 1, 55619 Hennweiler, Germany ("we", "us", "Newmatik"). By creating an account or using the Service, you agree to these Terms.

2. Account Registration

To use the Service, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You may not create an account on behalf of another person without their authorization.

3. Permitted Use

The Service is intended for managing optical inspection data, including images, annotations, and AI model files. You may use the Service only for lawful purposes. You may not upload content that is illegal, infringes third-party rights, or contains malware. You may not attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems.

4. Intellectual Property

You retain full ownership of all content you upload to the Service, including inspection images, annotations, and AI model files. By uploading content, you grant us a limited license to store, display, and process it solely for providing the Service to you.

The Service itself, including its software, design, and documentation, is owned by Newmatik GmbH and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

5. Data Handling

Your data is handled in accordance with our Privacy Policy, which is an integral part of these Terms. By using the Service, you acknowledge and accept the data processing described in the Privacy Policy.

6. Service Availability

We make reasonable efforts to keep the Service available and operational. However, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. Separate Service Level Agreements (SLAs) may be negotiated for enterprise customers.

7. Limitation of Liability

To the extent permitted by German law, our liability is limited as follows: We are liable without limitation for damages caused by intent or gross negligence. For slight negligence, we are liable only for breach of essential contractual obligations (cardinal obligations), and our liability is limited to foreseeable, typically occurring damages. We are not liable for loss of data to the extent you have failed to take appropriate backup measures. This limitation does not apply to liability for injury to life, body, or health, or under the German Product Liability Act.

8. Termination

You may delete your account through Security settings after transferring any sole team-admin responsibility. Personal identity is removed according to the Privacy Policy while team inspection evidence is retained. We may suspend or terminate accounts that violate these Terms, with reasonable notice where possible.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Bad Kreuznach, Germany, to the extent permitted by law.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original economic intent.

11. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service and require your acceptance of the updated Terms before continued use. Your continued use of the Service after accepting updated Terms constitutes your agreement to the changes.