Terms of Service

NebulaOne currently provides AI-assisted assessments of organizational needs and roles for business customers. A planned extension will enable subject-matter experts ("Domain Experts") to create, configure, train and refine AI-powered avatars based on their knowledge, expertise and methods ("Avatars"). In this context, training an Avatar includes supplying and refining domain knowledge, instructions, examples and feedback; this description does not, by itself, grant rights to use any content to train underlying AI models.

Business customers may access and use Avatars made available through the platform to address organizational, operational and other business challenges. Depending on the Avatar and the agreed scope of the Services, interactions may include gathering information, analyzing a situation, supporting workflows and generating recommendations, reports or other outputs.

The broader platform concept is not limited to recruitment or human resources. Further Avatars may address other business domains. The current Services do not evaluate individual candidates or provide candidate interviews or an outsourced recruitment process. Planned capabilities are not included in the current Services merely because they are described in these Terms.

The functions, availability and scope of any particular Avatar depend on the applicable product description and agreement. This general platform description does not mean that every Avatar or capability is available to every user or included in every subscription.

NebulaOne may modify, improve, suspend, or discontinue parts of the Services from time to time.

Contracts for the Services are entered into exclusively with business customers acting in the course of their trade, business or profession, including customer organizations represented by authorized individuals. Authorized assessment participants may access the Services upon invitation by a customer organization. Participation alone does not make them a contracting customer or impose subscription fees or other customer payment obligations on them. Provisions addressing customer payment and other customer contractual obligations apply to the contracting business customer; provisions expressly addressing participants describe their use of the Services.

You may use the Services only in compliance with applicable laws, these Terms, and any applicable order form, agreement, or policy.

You may not use the Services if you are prohibited from doing so under applicable law.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

You must provide accurate account information and keep it up to date.

You must promptly notify NebulaOne of any unauthorized access or suspected security incident involving your account.

Customers are responsible for:

• Determining the lawful basis for using the Services
• Providing required notices to employees or other people whose data the customer supplies
• Obtaining required consents where necessary
• Reviewing AI-generated outputs before acting on them
• Making final organizational, role-design, staffing and resource-allocation decisions
• Ensuring that use of the Services complies with employment, labor, anti-discrimination, privacy, and data protection laws

NebulaOne does not act as an employer, recruiter, employment agency, legal advisor, or final decision-maker unless expressly agreed in writing.

If you participate in an organizational or role assessment through NebulaOne, your contributions are processed to understand the relevant customer organization’s needs and requirements. The assessment concerns the organization and its roles, not your suitability as a candidate.

Assessment participation may involve:

• Submission of organizational and team information
• Review of role descriptions and business requirements
• Written responses
• Clarification of organizational challenges
• Clarification of assessment inputs
• AI-assisted analysis
• Assessment reports

Final organizational and staffing decisions remain with the relevant customer organization.

The currently available Services generate AI-assisted outputs supporting the assessment of organizational needs and roles, including summaries, recommendations, diagnostic hypotheses, role definitions, and reports. They do not assess individual candidates.

AI outputs are provided for decision-support purposes only.

You acknowledge that AI outputs may be incomplete, inaccurate, biased, outdated, or not suitable for a particular purpose. You are responsible for independently reviewing, validating, and exercising human judgment before relying on any output.

AI-assisted outputs do not guarantee a particular business outcome or the identification of every relevant issue. Customers remain responsible for reviewing outputs in their organizational context and making their own decisions. This does not limit KuN Holding GmbH's obligations to provide the contractually agreed Services or any liability that cannot lawfully be excluded.

NebulaOne does not make autonomous employment decisions on behalf of customers.

• 1. The Services must not be used as the sole basis for decisions that produce legal or similarly significant effects on individuals, including hiring, rejection, promotion, demotion, compensation, disciplinary action, or termination.
• 2. Customers must ensure meaningful human review of all employment-related outputs.
• 3. Customers must not rely solely on AI-generated outputs when making employment, hiring, compensation, promotion, disciplinary, restructuring, workforce planning, or termination decisions.
• 4. AI-generated outputs are intended to support human judgment and should be considered alongside other relevant information, evidence, and business considerations.

You may not use the Services to:

• Violate applicable law
• Discriminate against individuals based on protected characteristics
• Make employment decisions without appropriate human review
• Collect or process personal data without required notice or legal basis
• Upload unlawful, harmful, deceptive, defamatory, or infringing content
• Reverse engineer, copy, or attempt to extract source code, prompts, models, scoring logic, or proprietary methods
• Interfere with the security or operation of the Services
• Access the Services using automated scraping, bots, or unauthorized tools
• Use the Services to develop competing products or services
• Misrepresent AI-generated outputs as final legal, medical, financial, employment, or professional advice

"Customer Data" means information, content, documents, organizational information, role descriptions, assessment contributions and other data submitted to or processed through the Services by or on behalf of a customer.

Customers retain ownership of Customer Data.

NebulaOne may process Customer Data to provide, secure, maintain, support, and improve the Services, subject to applicable agreements and privacy commitments.

NebulaOne does not sell Customer Data.

NebulaOne does not use Customer Data from one customer to generate outputs, diagnostics, or recommendations for another customer.

Each party may receive confidential information from the other party.

Confidential information must be protected using reasonable care and may only be used for purposes related to the Services.

Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law.

Use of the Services is subject to NebulaOne’s Privacy Policy and, where applicable, a Data Processing Addendum.

Customers are responsible for ensuring that personal data is collected and processed lawfully, including providing required notices and obtaining required consents.

Where NebulaOne processes personal data on behalf of a customer, NebulaOne acts as a processor or service provider unless otherwise stated in writing.

Voice or video recording is not a candidate-interview service under the current offering. Any recording functionality made available for organizational assessments must be expressly identified in the applicable service description before use; this section does not itself promise such functionality.

Where recordings are enabled, participants must be informed in advance and consent must be obtained where required by law.

Customers are responsible for ensuring that recording, transcription, and assessment workflows are lawful in the relevant jurisdictions.

The current Services do not evaluate candidates using facial recognition, emotion recognition, biometric identification or similar technologies.

NebulaOne and its licensors retain all rights, title, and interest in and to the Services, including software, models, workflows, designs, interfaces, documentation, diagnostic methods, prompts, rubrics, frameworks, and related intellectual property.

Customers may retain, reproduce and use outputs received through the Services for their internal business purposes, including after termination of their subscription. To the extent KuN Holding GmbH holds rights necessary for this use, it grants the customer a non-exclusive right to do so without a time limit. This does not transfer ownership of the platform, its software or underlying methods, or authorize resale of the Services. Domain Experts retain their rights in the knowledge and content they contribute; KuN Holding GmbH receives only the rights necessary to operate the platform and provide the agreed Services. Detailed licensing arrangements for future Domain Expert services will be agreed before those services are offered. No other rights are granted except as expressly stated in these Terms.

Except for the permitted use of outputs described above and rights that cannot lawfully be restricted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the platform or its underlying technology.

If you provide suggestions, ideas, comments, or feedback, NebulaOne may use them without restriction or compensation, provided that NebulaOne does not disclose your confidential information.

The Services may integrate with or rely on third-party services, including cloud infrastructure providers, analytics providers, communication tools, AI service providers and payment processors.

NebulaOne is not responsible for third-party services outside its reasonable control.

The Services are offered under a paid retainer that includes 15 assessments per month, under both monthly and annual plans. These assessments are included in the retainer fee and are not a separate free service. Unused included assessments expire at the end of each monthly billing period and do not carry forward, including under annual plans. Additional usage is billed in arrears based on token consumption at the rates agreed with the customer before that paid usage begins. The customer chooses whether to authorize additional usage automatically or to require express approval before it occurs. Chargeable usage beyond the included allowance is permitted only in accordance with that choice. Prepaid token packages are not part of the current offering. Retainer fees, token rates, taxes and payment schedules are specified in the applicable order form, subscription plan or written agreement. Monthly retainers may be cancelled up to the end of the current monthly billing period, with cancellation taking effect at that period's end. Annual retainers have a twelve-month term and renew for successive twelve-month terms unless cancelled at least one month before the end of the current annual term.

Fees are non-refundable except as expressly stated in writing or required by law.

NebulaOne may suspend or terminate access to the Services if:

• You violate these Terms
• You fail to pay applicable fees
• Your use creates security, legal, operational, or reputational risk
• Required by law
• Necessary to protect the Services or other users

Upon termination, your right to access the Services ceases. Certain provisions will survive termination, including confidentiality, intellectual property, disclaimers, limitations of liability, and payment obligations.

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, NebulaOne disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and error-free operation.

NebulaOne does not warrant that the Services will be uninterrupted, secure, free from defects, or that outputs will be accurate, complete, or suitable for any specific decision.

To the maximum extent permitted by law, NebulaOne will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunities, or hiring outcomes.

Subject to the exceptions below and to the extent permitted by applicable law, KuN Holding GmbH's total aggregate liability arising out of or relating to the Services shall not exceed the total retainer fees and usage-based fees actually paid by the customer to KuN Holding GmbH for the Services during the twelve months preceding the event giving rise to the claim. The exclusions and limitations of liability in these Terms do not apply to intentional misconduct, gross negligence, death or personal injury, or any other liability that cannot lawfully be excluded or limited.

The contracting business customer shall indemnify KuN Holding GmbH against third-party claims and resulting damages, liabilities and reasonable costs only to the extent caused by the customer's negligent or intentional breach of these Terms or applicable law. This obligation does not cover claims to the extent caused by KuN Holding GmbH's own acts or omissions in breach of its obligations. Each of the following categories is subject to these conditions; lawful use of the Services alone does not trigger an indemnity:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable law
• Your organizational, role-design or workforce decisions
• Your unlawful processing of personal data
• Content or data submitted by you or on your behalf

You are responsible for using the Services in compliance with all applicable laws, including employment, labor, anti-discrimination, privacy, data protection, recording, AI governance, export control, and consumer protection laws.

KuN Holding GmbH may propose changes to these Terms for a subsequent contract term. Changes to an existing contract require agreement; continued use alone does not constitute acceptance.

KuN Holding GmbH will notify the customer in writing of proposed changes and their intended effective date sufficiently before the applicable renewal and cancellation deadline to allow the customer to decide whether to continue. For unchanged scope and usage units, cumulative increases to retainer fees or token rates shall not exceed 20% within any twelve-month period. This cap does not itself authorize a unilateral price change and does not limit additional charges resulting from increased consumption at agreed rates.

If the customer does not accept the proposed changes, the existing contract continues on its existing terms until the end of the current agreed term. KuN Holding GmbH may decline renewal by notifying the customer before the applicable renewal deadline; proposed changes alone do not suspend access during the existing term. If neither an amendment nor timely non-renewal is agreed or notified as applicable, the existing renewal provisions continue to apply on the existing terms.

These Terms shall be governed by and construed in accordance with the laws of Austria, excluding its conflict of law provisions.

The competent courts of Vienna, Austria shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where mandatory consumer protection laws provide otherwise.

Questions regarding these Terms may be sent to: