Terms of Service.
1. B2B Exclusive Access
FACS PROMIMIK (operated by Özgür Sahin) is an enterprise-grade behavioral intelligence tool strictly reserved for verified corporate, legal, and intelligence professionals. By accessing this platform, you legally warrant that you are acting on behalf of a registered business entity (B2B) and not as a private consumer. Consumer protection rights, such as the standard 14-day right of withdrawal, do not apply in B2B transactions.
2. Limitation of Liability & Assumption of Risk
2.1 Nature of Service and No Reliance
FACS PROMIMIK provides deterministic data mapping and baseline deviation analysis as an analytical support instrument only. The Platform does not generate definitive psychological, financial, or legal judgments, nor does it constitute a 'lie detector'. All outputs are strictly informational. The Platform is a decision-support metric requiring human oversight and is explicitly not designed to function as an automated decision-making system affecting human fundamental rights.
2.2 Absolute Assumption of Risk by the User
The User acknowledges that they hold sole responsibility for how the Platform's outputs are interpreted and applied. FACS PROMIMIK, its developers, and affiliates expressly disclaim any liability for business, financial, legal, or strategic decisions made by the User or third parties based on the Platform's data.
2.3 Cap on Liability
Under no circumstances shall the liability of FACS PROMIMIK exceed the exact monetary amount paid by the User for the specific forensic credit that generated the disputed data.
2.4 Strict Acceptable Use & User Liability
FACS PROMIMIK is engineered exclusively as a supplementary analytical instrument for verified B2B corporate due diligence, forensic behavioral analysis, and corporate litigation. The User explicitly warrants that the Platform shall never be utilized for the evaluation of job applicants (Human Resources/Recruiting), workplace monitoring, employee performance assessments, or educational scoring.
Any deployment of the Platform for these restricted purposes constitutes a severe violation of these Terms of Service and immediately voids the User's authorized license to operate the Platform. Due to our strict Zero-Knowledge Architecture and absolute data blindness, FACS PROMIMIK cannot and does not monitor the content of uploaded media. Consequently, the User assumes sole and absolute legal liability for any regulatory or compliance violations arising from their deployment choices, and completely indemnifies FACS PROMIMIK against any third-party claims or legal actions.
3. IP Protection & Usage Restrictions
You agree to not reverse-engineer, scrape, copy, or attempt to extract the proprietary Trait-x-State Engine™ algorithms or the underlying calibration logic. Access is granted solely for the analysis of your authorized media. Any attempt to exploit the system architecture will result in immediate termination of the enterprise workspace without refund. You retain all rights and ownership to your uploaded target media.
4. Modifications to the Service
We reserve the right to modify, suspend, or discontinue any part of the FACS PROMIMIK platform at any time. We will provide reasonable notice for any major architectural changes that affect active credit balances.
5. Governing Law & Exclusive Jurisdiction
This Enterprise Master Agreement, the Terms of Service, and any disputes directly arising from the use of the FACS PROMIMIK platform shall be governed by and construed exclusively in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
The exclusive place of jurisdiction for all disputes, claims, or legal actions arising out of or in connection with this Agreement shall be the competent courts of Cologne (Köln), Germany.