© 2026 OSOS/Omega. All rights reserved.
Omega version: 0.1.0
Product: OSOS / Omega ("Software")
Provider: Osos AI GmbH, Cosimastraße 121, 81925 Munich, Germany, registered with the commercial register at Amtsgericht München under HRB 309796, represented by managing director Dr. Hải Vân Lê Jorks ("Licensor")
Effective Date: 30.04.2026
Version: 1.0
> Note: This EULA applies exclusively to contracts between businesses (B2B) within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special public-law funds. Consumer contracts are excluded.
This End User License Agreement (the "EULA") governs the provision and use of the OSOS / Omega Software in the deployment models Cloud Software (SaaS) and Self-Hosted Software (On-Premise), as well as the associated documentation and services.
Any conflicting or deviating general terms and conditions of the Licensee shall not become part of the contract, even if the Licensor does not expressly object to them.
In the event of conflicts, the following order applies: (1) individually negotiated agreements, (2) Order Form / order confirmation, (3) this EULA, (4) annexes (in particular AI Data Policy, DPA, SLA, TOM, subprocessor list).
The contract is concluded by (a) signing an Order Form, (b) click-wrap acceptance during sign-up, or (c) first use of the Software after access credentials have been provided.
The Licensor grants the Licensee, for the duration of the Subscription Term, a non-exclusive, non-transferable, non-sublicensable, revocable right, limited to the number of Authorized Users agreed in the Order Form, to use the Cloud Software via the internet for business purposes.
In the case of licensing as Self-Hosted Software, the Licensor grants the Licensee, for the duration of the Subscription Term, a non-exclusive, non-transferable, non-sublicensable right to install the Software on the hardware or virtual environment specified in the Order Form and to use it within the agreed scope of use.
Use in an environment isolated from the public internet ("air-gapped") is permitted only to the extent expressly agreed in the Order Form. Updates and patches in this case are delivered via offline distribution packages provided by the Licensor.
The license may, depending on the Order Form, be granted as a Named-User, Concurrent-User, or API license. Reviewer or read-only licenses are available separately.
Beta, trial, and pre-release versions are provided "AS IS" and without a Service Level Agreement. Separate, in individual cases lower, liability caps apply (see Section 12.5).
The Licensee and its Authorized Users must in particular not:
Violations entitle the Licensor to suspend access or to extraordinary termination (Section 14).
The Licensee designates an Organization Owner / Administrator who is responsible for configuring permissions and onboarding/offboarding Authorized Users.
The Licensee is liable for the conduct of its Authorized Users as for its own. The Licensee is obligated to keep access credentials confidential, to use multi-factor authentication (MFA), to notify the Licensor immediately of any compromise, and to remove departed employees from the Software.
All Customer Data as well as all work results created or edited by Authorized Users within the Software (in particular requirements, specifications, models, reviews, comments, attachments, and configurations, hereinafter "Work Results") are owned by the Licensee (the organization), not by the individual Authorized User.
The deactivation, suspension, renaming, or deletion of an Authorized User account does not affect the existence of Customer Data and Work Results. They remain in the Licensee's tenant and continue to be available to the remaining or successor Authorized Users in accordance with the permissions assigned by the Organization Owner / Administrator.
To the extent that personal data of a deactivated Authorized User is referenced in Work Results (e.g. as author, editor, reviewer in audit trails or version histories), this data is retained for purposes of evidence, audit capability, and compliance, to the extent permitted under Art. 6(1)(f) GDPR (legitimate interest) or applicable industry-specific retention obligations. Pseudonymization or removal beyond the statutory requirements may be configured by the Licensee within the platform's functions or requested from the Licensor as a paid additional service.
The remuneration is set out in the Order Form. It depends on the deployment model, the number of Authorized Users, the booked modules, and any usage-based components (e.g. AI calls, API volume).
Unless otherwise agreed in the Order Form, invoices are due net within 30 days without deduction. Prices are exclusive of statutory VAT. For cross-border EU B2B services, the reverse-charge procedure applies.
In the event of payment default, the Licensor is entitled to charge statutory default interest pursuant to § 288 BGB and, after a reasonable prior reminder, to suspend access to the Cloud Software. The right to extraordinary termination in the event of substantial payment default remains unaffected.
The Licensor is entitled to adjust prices once per contract year subject to a notice period of at least 60 days. The adjustment may not significantly exceed the consumer price index (CPI) published by the German Federal Statistical Office, unless another objective indexation (e.g. cloud provider costs) is used. In the case of price increases of more than 5% p.a., the Licensee has a right to extraordinary termination effective on the date the increase takes effect.
Up- and downgrades are possible during the term. Additional seats are charged pro-rata. A downgrade during a current billing cycle does not give rise to a refund.
All rights in the Software, its models, the Documentation, the trademarks, and any further developments remain with the Licensor or its licensors. The Licensee receives only the rights of use granted in this EULA.
The Licensee retains full ownership of its Customer Data. The Licensee grants the Licensor only a license, limited to the Subscription Term, non-exclusive, non-transferable, and revocable, to process Customer Data exclusively for the following purposes: (a) provision of the contractual services, (b) security and support purposes, (c) compliance with statutory obligations.
Customer Data is not used for training generic AI models. Details are governed by the AI Data Policy.
AI-generated outputs of the Software are owned by the Licensee, to the extent possible under the applicable laws. Due to the nature of generative AI models, exclusivity of outputs cannot be guaranteed; similar outputs may also be displayed to other users.
The Licensee grants the Licensor an unlimited, irrevocable, worldwide, royalty-free, and sublicensable right to use any feedback, suggestions, and improvement ideas voluntarily submitted, without any obligation to remunerate or attribute.
The Software contains open-source components. A list as well as the applicable licenses are provided in an open-source notice. In relation to these components, the open-source license terms take precedence over the provisions of this EULA.
The Licensee is solely responsible for the lawfulness, suitability, and accuracy of the Customer Data introduced into the Software as well as for the verification of outputs generated by the system.
To the extent that the Licensor processes personal data on behalf of the Licensee in the course of providing the Cloud Software, the Data Processing Agreement (DPA) applies as an annex. In the case of Self-Hosted deployment, the Licensee bears full responsibility under data protection law; a DPA is required in this case only to the extent that the Licensor provides maintenance or support services that allow access to personal data.
Both parties are obligated to keep confidential information of the other party obtained in the course of contract performance (in particular technical information, trade secrets within the meaning of § 2 GeschGehG, contract content, and prices) confidential and to use it only for contract purposes. The confidentiality obligation applies during the term and for a period of five (5) years after termination; for trade secrets it remains in force without time limit.
For the Cloud Software, the Licensor warrants a monthly availability of at least 99.0%, measured according to the provisions of the Service Level Agreement (SLA, annex). Service credits pursuant to the SLA are the sole and exclusive remedy for failure to meet the availability commitment (subject to mandatory law).
Scheduled maintenance windows, force majeure, third-party outages (cloud providers, ISPs, subprocessors), customer-side configuration errors, as well as beta/trial/pre-release functions are excluded from availability measurement.
The Licensor is entitled to continuously develop the Software. Updates and patches of the Cloud Software are deployed automatically. For Self-Hosted Software, the Licensee is obligated to install updates provided by the Licensor within a reasonable period (generally 12 months after release); support is granted only for current and immediately preceding versions ("N–1").
The functional description may change in the course of further development; the agreed scope of functionality is essentially preserved. In the event of a substantial reduction in significant functions, the Licensee has a right to extraordinary termination.
Third-party integrations (e.g. Jira, Codebeamer, DOORS, Polarion, Confluence, Git) are activated by the Licensee on its own responsibility; the respective third-party terms apply in parallel.
The Licensor warrants that the Software substantially conforms to the descriptions in the Documentation. In the event of defects, rectification or provision of a workaround applies as the primary remedy. If this fails even after a reasonable grace period, the Licensee may demand pro-rata reimbursement of the portion of the remuneration attributable to the period or modules that cannot be used, or withdraw from the contract.
The warranty does not extend to defects caused by modifications by the Licensee, improper use, third-party components, or violations of the Documentation.
No warranty is given that the Software is suitable for the Licensee's specific purpose or a particular compliance requirement, unless expressly assured in the Order Form.
The Licensor is liable without limitation:
In the case of simple negligence, the Licensor is liable only for breach of essential contractual obligations ("cardinal duties"). In this case, liability is limited in amount to the foreseeable damage typical for the contract, but at most to the remuneration paid or payable by the Licensee to the Licensor in the last twelve (12) months prior to the event causing the damage.
In all other respects, liability for simple negligence is excluded, in particular for indirect damage, lost profits, and consequential damages.
Liability for data loss is limited to the typical recovery effort that would have arisen with proper and regular data backup. In the case of Self-Hosted deployment, data backup is the sole responsibility of the Licensee.
For beta, trial, and pre-release versions, the liability of the Licensor — without prejudice to Section 12.1 — is limited to a maximum amount of EUR 50.00.
Claims for damages — without prejudice to Section 12.1 — are time-barred within one (1) year of knowledge or grossly negligent ignorance of the circumstances giving rise to the claim, but at the latest within the statutory maximum periods.
The Licensor shall indemnify the Licensee from justified claims of third parties to the extent that they are based on an infringement of industrial property rights or copyrights of third parties through the contractual use of the Software. The Licensor may, at its option, (a) procure a right of use, (b) modify the Software so that the infringement no longer exists, (c) replace it with a functionally equivalent service, or (d) reimburse the pro-rata portion of the remuneration attributable to the remaining term and terminate the contract.
A condition precedent is the immediate written notification of the claim by the Licensee, the sole control of the defense by the Licensor, and the reasonable cooperation of the Licensee.
The indemnification does not apply to claims based on Customer Data, modifications by the Licensee, the combination with third-party products, or non-documentation-compliant use.
The Licensee shall indemnify the Licensor from claims of third parties based on Customer Data, violations of the Acceptable Use Policy, or breaches of the Licensee's data protection obligations.
The term begins on the activation date specified in the Order Form. Unless a different term is agreed, the minimum term is 12 months. The contract is automatically renewed for further periods of 12 months unless terminated in text form at least 60 days before expiry.
Both parties may terminate the contract for good cause without observing a notice period, in particular in the case of a material breach of contract that is not remedied despite a warning and the setting of a reasonable period (generally 30 days; 10 days in the case of payment default), as well as in the case of insolvency or cessation of payments by the other party.
The Licensor is entitled to temporarily block access to the Software if the Licensee breaches the Acceptable Use Policy, a concrete security risk exists, or there is substantial payment default. Suspension does not give rise to a refund claim.
Upon termination, all rights of use end. The Licensee has the option, for a period of 30 days after termination, to export its Customer Data via the export interfaces provided. Subsequently, the data is deleted in accordance with the DPA. Upon request and against separate remuneration, the Licensor will support data migration ("Transition Assistance").
The provisions on Intellectual Property, Confidentiality, Liability, Indemnification, as well as Applicable Law and Jurisdiction remain effective beyond the end of the contract.
Neither party is liable for non-performance of obligations (with the exception of payment obligations) to the extent that this is based on events of force majeure. These include in particular war, terrorism, natural disasters, pandemics, official orders, large-scale disruptions of public telecommunications or power supply, cloud provider outages, and DDoS attacks. The affected party will inform the other party without delay. If the event lasts longer than 60 days, each party has a right to extraordinary termination.
The Licensee represents that neither it nor its Authorized Users are on sanctions lists of the EU, the United Nations, or the United States, nor are they resident in a country subject to embargo (e.g. Russia, Belarus, Iran, North Korea, Syria), nor will they use the Software for purposes contrary to sanctions. The provisions of the EU Dual-Use Regulation (Regulation (EU) 2021/821) and any applicable U.S. export control regulations (EAR/ITAR) must be observed.
The Licensor is entitled to suspend provision in case of violations or justified suspicion of sanctions violations.
The Software supports processes according to common industry-specific standards (e.g. Automotive SPICE, ISO 26262, ISO/SAE 21434, IATF 16949, DO-178C, IEC 62304). An independent tool qualification (Tool Confidence Level) is not performed by the Licensor unless separately agreed. Upon request and against remuneration, the Licensor provides documentation to support the tool qualification to be performed by the Licensee.
The Software is — unless expressly separately certified — not itself a Safety Element. Responsibility for the Safety Case remains with the Licensee.
The Licensor is entitled to amend this EULA for objective reasons, in particular to adapt to changed legal requirements, case law, or to introduce new functions. Material changes will be communicated to the Licensee in text form at least 60 days before they take effect. If the Licensee does not object to the change within 30 days, the change is deemed approved; this is specifically pointed out in the change notification. Material, unilaterally disadvantageous changes give rise to a right of extraordinary termination effective on the date the change takes effect.
Should individual provisions of this EULA be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The parties will replace the invalid provision with a valid provision that comes closest to the economic purpose.
Amendments and supplements to this EULA require text form (§ 126b BGB). This also applies to the cancellation of this text-form clause.
Assignment of rights and obligations from this EULA by the Licensee is only permitted with the prior written consent of the Licensor. The Licensor is entitled to transfer the contract within the framework of a restructuring or sale of the company to an affiliated company or a legal successor.
The Licensee may only set off undisputed or legally established claims or assert rights of retention.
This EULA, the Order Form, and the annexes constitute the conclusive agreement. No oral side agreements exist.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of German private international law. The exclusive place of jurisdiction for all disputes arising out of or in connection with this EULA is — to the extent legally permissible — the registered office of the Licensor.