Version 1.1 · in force from 14 Sep 2026. Every change receives a new version number; earlier versions are archived under What’s new in the customer account. The version in force at the time of conclusion governs the contract.
Preamble
These General Terms and Conditions (“GTC”) govern the use of the TAOM.AI platform (taom.ai) and the services offered on it, in particular TAOM Process Studio (“Platform”, “Service”).
The operator of the Platform is:
Traniva AG
Zimbergstrasse 11
8335 Hittnau, Switzerland
(“Traniva”, “we”, “us”).
The Platform may be used by companies, organisations and private individuals worldwide, insofar as this is permitted under the law of the respective country of residence or domicile.
Where these GTC distinguish between businesses and consumers, the following apply:
- Consumer: any natural person who uses the Service predominantly for purposes that can be attributed neither to their commercial nor to their self-employed professional activity.
- Business: a natural or legal person or a partnership with legal capacity that, when using the Platform, acts in the exercise of its commercial or self-employed professional activity.
The GTC are expressly incorporated in the course of the respective registration, ordering or contracting process. The version governing the contractual relationship and the date of consent are documented.
1. Scope and contracting party
1.1 These GTC apply to all contracts and legal relationships between Traniva and customers/users in connection with the use of taom.ai, TAOM Process Studio, the licences offered, training courses, project packages and other related services.
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer/user become part of the contract only if Traniva expressly agrees to their application in writing.
1.3 Where individual agreements (e.g. Enterprise contracts, framework agreements, Service Level Agreements – SLA) are concluded with a customer, these prevail over these GTC in case of doubt.
1.4 The contracting party is always Traniva AG, unless expressly agreed otherwise.
2. Definitions
For the purposes of these GTC:
- Platform: the taom.ai website and the web applications accessible through it.
- TAOM Process Studio: the cloud-based SaaS solution for creating, analysing and managing processes, models and documentation, including AI-supported features.
- Customer: any natural or legal person who acquires a licence or obtains paid services.
- User: any natural person who accesses the Platform within a customer account (including the customer themselves, where they are a natural person).
- Licence: the right of use granted to the customer in TAOM Process Studio. The licence tiers are, in ascending order: Demo, Webuser Basic (also marketed as “Process Studio Modeller”), Process Studio Team, Webuser, Webuser Pro, together with the separately agreed models Projektuser and Enterprise. Process Studio Team is a licence tier in which the Team add-on licence is already included.
- Team add-on licence: a self-contained, separately purchasable licence that enables several users to edit the same model at the same time. It is maintained with its own licence key and its own term.
- Licence key: the character string assigned to the customer by which a licence is allocated to an account.
- AI agents: the AI-supported functions and agents integrated into TAOM Process Studio.
- Evaluation use: free test/demo version without productive deployment.
- Productive use: use within business, official or other organisational activity, or for real, lasting processes and documentation.
3. Conclusion of contract, registration and shop
3.1 The presentation of services, licences and packages on taom.ai does not constitute a binding offer but a non-binding invitation to submit an offer.
3.2 By placing an order in the online shop, submitting a form or by any other ordering act, the customer submits a binding offer. A contract is concluded by:
- express order confirmation by Traniva (e.g. by email), or
- activation of the ordered licence(s) or commencement of performance.
3.3 Registration is required for certain content (e.g. demo access). The customer/user ensures that the information provided is correct and complete and is updated without delay in the event of changes.
3.4 Traniva may reject registrations or orders in individual cases without stating reasons (e.g. in cases of obvious misuse or legal risks in certain countries or industries).
3.5 Minors may use TAOM.AI only if and to the extent that this is legally permissible in the respective country and, where applicable, with the consent of their legal representatives.
4. Subject matter of the service – TAOM.AI / TAOM Process Studio
4.1 TAOM Process Studio is a cloud-based Software-as-a-Service (SaaS) solution for modelling, analysing and documenting business processes and organisational structures (including BPMN processes, organisational charts, process maps, RACI matrices, system landscapes).
4.2 The specific scope of services follows from:
- the licence tier chosen (e.g. Demo, Webuser Basic, Webuser, Webuser Pro, Projektuser, Enterprise),
- the service description valid at the time of conclusion of the contract in the shop or on taom.ai,
- and, where applicable, supplementary individual agreements (e.g. Enterprise contracts, Statements of Work).
4.3 Traniva is entitled to adapt, extend or replace functions, supported AI models, integrations and interfaces in the course of further development, provided that the typical benefit for the customer/user is preserved.
4.4 There is no entitlement to the provision or continued use of a particular AI model (e.g. a specific large language model).
4.5 AI models and model changes
TAOM Process Studio may use both AI models operated or configured by Traniva (“TAOM models”) and AI services and models of external providers. Traniva is entitled to change, update, replace or deploy different AI models, versions, parameters and configurations at any time, provided that the typical purpose of TAOM Process Studio (in particular support with documentation and modelling) is preserved. The customer/user has no entitlement to the use of a particular AI model, a particular version or a particular performance level of the AI functions.
5. Licence models, term and termination
5.1 Use of TAOM Process Studio requires a valid licence. Licence models differ, among other things, in the number of users, available functions, integrations, usage volume and remuneration.
5.2 The term of a paid licence follows the duration selected at purchase (e.g. 1, 3, 6, 12, 24 or 36 months). It starts on activation and ends when the selected duration expires, without any notice of termination being required. There is no automatic renewal. The customer may purchase a new term at any time; where this is done before expiry, the remaining duration is added to the new term. Differing terms and renewal rules may be agreed in individual contracts (e.g. Enterprise).
5.3 The free demo licence is provided free of charge and without obligation. Traniva may change, restrict or terminate demo accounts at any time. Productive use is generally not permitted (see clause 12).
5.4 The right to extraordinary termination for good cause remains unaffected.
5.5 On termination of the contract, the rights of use in TAOM Process Studio end. Traniva may block access. Insofar as technically possible and legally permissible, the customer may be granted a reasonable period for data export before termination takes effect.
5.6 AI use as part of certain licences
In the licence models Demo, Webuser and Webuser Pro, access to the AI functions and AI resources provided by Traniva (e.g. TAOM agents, language models, AI quotas) is already included in the licence price, unless expressly stated otherwise in the shop or contract. For these licence models, no additional usage fees are payable to Traniva for the use of the AI models deployed by TAOM. The restrictions on fair use and availability set out in these GTC nevertheless apply. For the Webuser Basic tier, clause 5.7 applies.
5.7 Webuser Basic licence tier (Process Studio Modeller)
The Webuser Basic tier covers use of the editor only (in particular modelling, import and export) without AI features. This tier includes no AI licences, no AI quotas and no use of the TAOM agents. There is no entitlement to AI features in this tier; accordingly, no AI-related usage fees arise for it.
5.8 Team add-on licence
5.8.1 The Team add-on licence is purchased independently of the licence tier and is maintained with its own licence key, its own term and its own number of users. It may be included in a bundled offer.
5.8.2 A valid Team add-on licence remains effective until the end of its term, even if the customer changes licence tier during that term.
5.8.3 Purchase and renewal of the Team add-on licence require at least the Webuser Basic tier. The tiers in which renewal is possible are set out in the applicable product description in the shop.
5.8.4 When the Team add-on licence expires, the associated features cease to be available. The remaining features of the licence tier are unaffected.
5.9 Change of licence tier
5.9.1 A change is only possible to a higher licence tier (upgrade). A change to a lower tier during the current contract term (downgrade) is not provided for.
5.9.2 On upgrading, the residual value of the current licence is credited against the price of the new licence. The remaining term at the time of the upgrade is decisive; the amount credited never exceeds the price of the new licence. The customer pays the remaining difference.
5.9.3 The residual value is not paid out, refunded or issued as a credit note, neither in part nor on early termination.
5.9.4 When the upgrade takes effect, the previous licence key ceases to be valid. The new licence begins on activation; its term follows the duration chosen at the time of the upgrade.
5.9.5 Only the customer (the purchaser of the licence) is entitled to upgrade, not the individual users covered by the licence.
5.9.6 Clause 5.9 does not apply to the Projektuser and Enterprise licence models; changes there are made in accordance with the respective individual agreements.
5.9.7 On upgrading, all users held under the previous licence are transferred to the new licence. The new licence must therefore cover at least as many user seats as are occupied at the time of the upgrade; a lower number of seats is not possible, a higher number is always available. If seats are to be reduced, this must be done in the customer account before the upgrade. If, on upgrading, the customer orders fewer user seats than the previous licence covered, the difference lapses upon activation of the new licence. No credit, refund or crediting takes place for the seats that cease to apply (cf. clause 5.9.3). The future number of seats and a corresponding notice are displayed before the order is submitted.
5.10 Testing and verification add-on licence
5.10.1 The testing and verification add-on licence is acquired independently of the licence level and applies per person. It may be included in a bundle. It unlocks the functions for verification duty, risks, controls, test cases and test results on the process step, along with the exchange with connected target systems.
5.10.2 Someone who only tests does not need a higher licence level: the add-on works independently of the level held by that account. Without a higher level, the other functions of that level are unavailable, in particular no AI-supported functions.
5.10.3 Acquisition and renewal require at least Process Studio Team or a higher licence level within the organisation. The levels in which renewal is possible follow from the service description in force.
5.10.4 A valid add-on licence remains effective until the end of its term even if the licence level changes meanwhile. On expiry the associated functions cease; details already recorded remain in the model and stay visible but can no longer be edited. The other functions of the licence level are unaffected.
5.10.5 Processing entailed by use. The functions require that every account be assigned a permanent identifier stored on the content created with it. Without this assignment, origin and approval cannot be kept apart and the functions cannot be used. Anyone using the add-on licence thereby accepts this processing; it cannot be switched off. Details are set out in clause 16.15 and in the privacy notice.
5.10.6 Identifiers for process steps, risks and test cases are likewise assigned automatically and cannot be changed once assigned (clause 16.16). This too is a condition of use and cannot be switched off.
6. Conditions of use and obligations of the customer/user
6.1 To use the Platform, the customer/user requires a suitable internet connection, up-to-date browsers and a customary workstation or device environment. The customer is responsible for providing and configuring their own IT infrastructure (e.g. networks, firewalls, devices, identity and access systems).
6.2 Where the customer integrates TAOM Process Studio with their own systems or third-party systems (e.g. Jira, Confluence, SAP, Microsoft 365, Make.com, n8n, GitHub, Power BI, other cloud or on-premise systems), the customer is responsible for procuring, licensing and operating them, unless expressly agreed otherwise in an individual contract or Statement of Work (SOW).
6.3 The customer ensures that Traniva is provided in good time with all necessary access rights, test and production environments, interface information and contact persons for integration and consulting services. Delays or additional work due to missing or late cooperation are borne by the customer.
6.4 The customer is responsible for ensuring that integrations with their systems are configured and operated only in a manner compatible with the applicable legal requirements (in particular data protection, information security, industry rules) and their internal policies. Traniva provides advisory support on request but assumes no legal responsibility.
6.5 Access credentials are to be treated as confidential and protected against unauthorised access.
6.6 Licence key and user seats
6.6.1 The licence key is confidential. It may not be passed on to third parties outside the licensed organisation, published, or made available for retrieval.
6.6.2 The number of seats purchased determines how many natural persons may use the licence. Seats are personal; simultaneous use of one seat by several persons is not permitted. A seat may be transferred to another person if the previous person permanently ceases to use it.
6.6.3 Traniva is entitled to verify compliance with the number of seats by technical means and, in the event of an excess, to restrict use or to invoice the additional seats.
7. Use of AI, the EU AI Act and “human in the loop”
7.1 TAOM Process Studio uses AI agents to support the creation, analysis and optimisation of processes, documentation and other work results. The AI agents may generate texts, models or other proposals.
7.2 All AI outputs are proposals, not binding expert opinion or legal advice. Responsibility for all decisions, processes and documentation remains with the people and the organisation using the Service (“human in the loop”).
7.3 As far as technically possible, TAOM Process Studio marks the involvement of AI in work results (e.g. fully / partly / no AI generation) as well as their origin and version (origin seal). This marking may also be visible or machine-readable in exports.
7.4 Users/customers who pass on or publish work results undertake not to remove or misleadingly alter AI markings and origin seals, insofar as content appears to be AI-supported or statutory transparency obligations exist (in particular under Regulation (EU) 2024/1689 – the EU AI Act).
7.5 The Platform is designed primarily as a documentation and productivity tool. It is not intended to make automated individual decisions with legal or similarly significant effect without human control.
7.6 Users/customers in the EU/EEA undertake to use the Platform only in scenarios in which the Service is typically classified as a minimal-risk or limited-risk system under the EU AI Act. Use as a stand-alone high-risk system requires a separate written agreement with Traniva.
7.7 Traniva does not provide legal advice on classification under the EU AI Act. Users/customers are themselves responsible for assessing their specific use scenarios in the light of the applicable legal system.
7.8 No guarantee of result quality or response behaviour
There is no entitlement to any particular substantive quality, accuracy, completeness, style, response speed or availability of the AI functions. AI outputs may be incorrect, incomplete, outdated or unsuitable and must always be reviewed and assessed by the customer or their users. To the extent permitted by law, neither perceived inadequacy of AI results nor a temporary restriction or unavailability of individual AI functions alone gives rise to any claim to price reduction, refund, credit note or damages.
7.9 Language of the interface and the agents. The editor, the viewer and the TAOM agents are available in several languages. Interface labels and texts generated by agents may differ between languages; there is no entitlement to identical wording across all languages. Where language versions of a text provided by Traniva AG differ, the German version is authoritative. Content created by the customer is governed by section 13.3; responsibility for AI-generated texts is governed by sections 7.1 to 7.4.
8. Prices, payment, international customers
8.1 Prices for licences, training courses and packages are shown in the online shop or quoted individually. They may be stated in CHF or – for guidance – in other currencies (e.g. EUR).
8.2 Unless stated otherwise, prices may include local taxes and duties in accordance with the notices given in the shop. Additional taxes/customs duties in the recipient country are borne by the customer.
8.3 Payments are made using the payment methods offered in the shop (e.g. credit card, online payment service, invoice). Fees charged by external payment service providers may apply.
8.4 Unless agreed otherwise, invoices are payable within 30 days of the invoice date without deduction. Different periods may apply to consumers depending on the payment method.
8.5 In the event of late payment, Traniva is entitled to charge default interest at the legally permissible rate, to charge reminder fees and to suspend licences/accounts temporarily.
8.6 Handling fee on default (business customers). If a business customer remains in default after a second reminder has expired without result, Traniva may charge, in addition to default interest, a handling fee of 15 % of the outstanding gross amount. The business customer remains entitled to prove that the loss was lower; Traniva remains entitled to prove that it was higher.
8.7 Consumers. No handling fee is charged to consumers. Default interest at the legally permissible rate and the reminder costs actually incurred remain applicable.
8.8 Usage-based components. Services are currently offered as licences with a fixed price per service level; separate billing by usage does not take place at present. TRANIVA AG reserves the right to introduce usage-based components in future – in particular the purchase of additional computing units (tokens) beyond the allowance referred to in section 10.4. Such components will be set out in the service description and price list before being introduced; they do not apply retroactively, nor to billing periods already running. The recording of usage under section 10.3 takes place independently of this and remains unaffected.
9. Availability, maintenance and support
9.1 TAOM Process Studio is provided as a standard cloud service. Unless expressly agreed otherwise in a separate Service Level Agreement (SLA), there is no entitlement to particular availability figures (e.g. 24/7, 99.9 %) or firmly defined response times.
9.2 Maintenance work, updates and changes may lead to temporary interruptions. Traniva endeavours to carry out planned maintenance at times of lower usage and – where reasonable – to announce it.
9.3 Standard support (e.g. by email or ticket system), where offered, is provided during the business hours stated on taom.ai.
9.4 Extended support services (e.g. 24/7 support, guaranteed SLA values) are available only on the basis of separate written agreements.
9.5 Partial AI outages
Temporary outages, disruptions or restrictions of individual AI functions or of the AI models or AI services used by TAOM (e.g. maintenance, model changes, capacity bottlenecks at third-party services) do not constitute complete unavailability of the Platform within the meaning of any availability statements, as long as the other core functions of TAOM Process Studio (e.g. display, editing and export of existing models) remain usable in principle.
10. Fair use, impermissible content and suspension
10.1 Users/customers undertake to make fair and appropriate use of the Platform. The following are impermissible in particular:
- automated mass use without a meaningful use case,
- circumvention of technical restrictions,
- attacks on the Platform or its infrastructure (e.g. hacking, DDoS),
- dissemination of unlawful, discriminatory or harmful content,
- use for the development or operation of AI systems that are prohibited under applicable law.
10.2 In the event of breaches, Traniva is entitled to:
- remove or block content,
- suspend accounts temporarily or permanently,
- initiate legal action.
10.3 Measurement of usage. The use of AI-supported functions is recorded per access account. Recorded are in particular the number and time of processing runs, the language model used and the volume of data processed in computing units (tokens). This recording serves billing, capacity planning, abuse detection and traceability towards the customer. Customers can view their usage at any time in their customer account.
10.4 Reasonable usage and allowances. Each service level includes a usage allowance appropriate to its intended use. The size of the respective allowance follows from the service description of the level purchased. TRANIVA AG is entitled to adjust allowances for future billing periods; periods already running remain unaffected.
10.5 Handling of exceptional usage. If the usage of an access account significantly exceeds the allowance of its service level, or is permanently and considerably above that of comparable accounts, TRANIVA AG informs the customer by e-mail. The customer is given the opportunity to purchase additional computing units or to move to a higher service level. If no response follows within a reasonable period, TRANIVA AG is entitled to switch the account concerned to a less resource-intensive language model or to limit processing speed. In both cases the platform remains usable; content already created remains accessible unchanged. Suspension under section 10.2 remains reserved in the event of abusive use.
11. API access and integrations
11.1 API keys and access tokens may be used only by the authorised customer/user and may not be passed on to third parties.
11.2 Integrations with third-party systems (e.g. Jira, Confluence, SAP, Microsoft 365, Make.com, n8n, GitHub, Power BI) require appropriate licences/contracts with the respective providers. Those providers are not contracting parties of Traniva customers.
11.3 Traniva may change, suspend or discontinue integrations, in particular where third-party providers change or discontinue their interfaces or where legal or technical reasons so require.
11.4 Third-party licences and additional costs
11.4.1 Operating and integrating third-party systems generally requires separate licences. These are not part of the TAOM licences but are to be procured and paid for separately by the customer, unless expressly agreed otherwise.
11.4.2 Where Traniva procures third-party licences (e.g. rental or test licences) in the name of or on behalf of the customer within Enterprise or project contracts, this is done on the basis of the manufacturers’ terms. The corresponding costs are invoiced to the customer in addition to the TAOM licences.
11.4.3 As part of Enterprise roll-outs, an evaluation phase may be used to determine together with the customer which third-party licences, environments and interfaces are required for the desired digital twin use case. The results are documented in the SOW or architecture concept.
12. Evaluation use and productive use
12.1 Demo and test access serve exclusively to evaluate the Platform, not for lasting productive use. Use to create services for third parties or in critical business processes is not intended within the demo.
12.2 Use is deemed productive as soon as content created flows into operational processes, is used towards customers, suppliers, authorities or other third parties, or forms part of paid services/products.
12.3 A suitable paid licence is always required for productive use.
13. Rights in the Platform and in content
13.1 All rights in TAOM.AI, TAOM Process Studio, the software components, designs, methods, trademarks and signs belong exclusively to Traniva or its licensors.
13.2 Users/customers receive – within the scope of the respective licence – a simple, non-transferable, non-sublicensable right to use the Platform for their own purposes.
13.3 Content created by the user/customer (models, texts, documents) belongs in principle to the customer, unless third-party rights conflict. Traniva receives a right to use such content to the extent necessary for the provision of the services, for support, security, backups and statutory obligations.
13.4 Algorithms, models and internal configurations as trade secrets
The internal algorithms, AI models, training-data concepts, prompt structures, system and model configurations, architecture designs, evaluation and optimisation procedures and other technical know-how of TAOM/Traniva are confidential business and trade secrets of Traniva or its licensors. The customer/user has no claim to disclosure, inspection, examination or surrender of source code, model weights, training data, prompts, configurations or comparable technical details.
13.5 In-house development. The TAOM Process Studio editor, including the rendering, editing and evaluation of BPMN models, is developed entirely in-house by Traniva AG. No third-party modelling libraries are embedded whose licence terms would require attribution, disclosure of source code or redistribution under the same terms. Where open-source components are used in operating the platform, this is done under licences that do not conflict with commercial use; the corresponding notices are provided within the application. All rights in the in-house development remain with Traniva AG. Which open-source components are used in detail is published at What TAOM is built on and kept up to date. That overview serves as explanation; the provisions of this section remain authoritative. Information on the service providers involved in data processing is set out separately at Sub-processors.
Reverse engineering, decompilation, systematic analysis or reconstruction of the Platform, the models or their configurations are permitted only to the extent mandatorily allowed by law. Any technical analysis beyond that for the purpose of reproduction, competitive observation (“benchmark scraping”) or disclosure to third parties is prohibited without the express written consent of Traniva.
14. Warranty
14.1 Traniva warrants that the Service essentially corresponds to the described functions. Permanent freedom from errors or interruptions cannot be guaranteed.
14.2 Defects are to be reported and documented without delay, insofar as this is reasonable. Traniva endeavours to remedy them or to provide a workaround.
14.3 The warranties of third parties apply to their components and services (e.g. cloud providers, AI models, integrations); Traniva is liable for these only within the legally permissible scope.
15. Liability
15.1 Traniva is liable without limitation for damage arising from:
- intentional or grossly negligent breach of duty,
- injury to life, body or health.
15.2 In the case of slight negligence, Traniva is liable only for breach of material contractual obligations (cardinal obligations); in such cases liability is limited to the typically foreseeable damage.
15.3 To the extent permitted by law, Traniva’s liability – except in the cases under clause 15.1 – is limited, for paying customers, to the remuneration paid for TAOM Process Studio in the respective contract year, but at most to twice that annual remuneration.
15.4 Traniva is not liable for indirect damage, consequential damage, lost profit or loss of data, to the extent permitted by law. Users/customers are obliged to back up their data on their own responsibility.
15.5 Liability for damage based on use of the Platform contrary to these GTC or to the applicable legal system (e.g. use as a high-risk system within the meaning of the EU AI Act without a suitable agreement) is excluded to the extent permitted by law.
15.6 External AI services
Where TAOM Process Studio builds on third-party AI services or infrastructure (e.g. cloud models of external providers), Traniva is not liable for their availability, functionality or modification, insofar as the cause lies outside Traniva’s sphere of influence. In such cases Traniva will endeavour, at its reasonable discretion, to find technical alternatives or workarounds, without any entitlement to a particular solution arising from this.
16. Data protection
16.1 Traniva processes personal data in accordance with the applicable data protection laws (in particular the Swiss FADP and the EU GDPR) and the privacy policy published on taom.ai.
16.2 The roles (controller/processor) may vary depending on the usage constellation. The Data Processing Agreement (DPA) governs; it is agreed to with every order and prevails over these terms in matters of data processing.
16.3 Users/customers are themselves responsible for the lawfulness of the data they enter or import and for informing the data subjects.
16.4 Place of operation. The platform is operated in Switzerland. Application, database, file storage, backups and mail delivery are held with a Swiss provider whose data centre is located in central Switzerland. Traniva may change provider; the place of operation remains Switzerland or an EEA state unless agreed otherwise with the customer.
16.5 Adequacy. The European Commission recognises an adequate level of data protection for Switzerland. A transfer of personal data from the EEA to Switzerland therefore requires no additional safeguards such as standard contractual clauses.
16.6 Access under foreign law. Traniva and the operating partner used are subject to Swiss law. A disclosure claim under foreign law, such as the one the US CLOUD Act provides against companies based there, does not exist against Traniva. Requests from authorities are handled only on the basis of applicable Swiss law and after examination in each individual case.
16.7 AI processing. Clause 16.4 does not apply without qualification to requests sent to language models: these are processed at the respective model provider, whose processing locations and terms govern. The provider used, the purpose, the categories of data processed and the place of processing are set out in the publicly available list of sub-processors (clause 16.23); no separate request is required. From the Enterprise level onwards, provider, model, hosting, processing region and special data retention or data protection configurations can be laid down contractually, including zero data retention in so far as it is available and agreed for the technical configuration concerned, as well as operation within the customer’s own environment; in that case the individually agreed arrangement prevails. Details are governed by clause 11 of the Data Processing Agreement.
16.8 Sub-processors. Traniva maintains and publishes a continuously updated list of the sub-processors used, stating purpose, categories of data and place of processing. The current list is publicly available on taom.ai. The addition or replacement of a sub-processor is notified in advance to customers with an existing data processing agreement, in accordance with the conditions set out therein.
16.9 Input in AI requests. Which content enters an AI request is determined solely by the user or the customer. Traniva does not inspect this content and does not check it for personal data, secrets or third-party rights. The customer is responsible for ensuring that there is a legal basis for transmitting such content to the respective model provider, that the principle of data minimisation is observed and that data subjects are informed where required.
16.10 Standard configuration below Enterprise. Below the Enterprise level, model provider, model and processing region are set by the standard configuration and cannot be agreed individually. For content the customer discloses through a request, the terms of the respective provider additionally apply. Traniva recommends not entering special categories of personal data, trade secrets or content subject to special supervision into requests below the Enterprise level. If such content is entered nonetheless, the customer bears the resulting data protection and supervisory consequences; Traniva’s liability is governed by clause 15 and remains unaffected for its own breaches of duty.
16.11 Processing at the model provider. What a language model derives from an input, how it processes it internally and whether it retains it lies with the respective model provider. Traniva has no influence on the internal workings of the respective model and gives no assurance beyond the provider’s published terms. Traniva does state which provider is used and which data is transmitted. Traniva’s data protection duties in selecting, engaging and monitoring the sub-processors used remain unaffected.
16.12 Testing and verification. The functions for verification duty, risks, controls, test cases and test results require a separate, chargeable add-on licence. It applies per person, has a term of its own and exists independently of the level purchased; its lapse does not affect the level.
16.13 A proposal is not an approval. Test cases, verification details and documents produced by an agent are proposals. They take effect only once a person approves them. Traniva gives no assurance of technical correctness, completeness or fitness for a particular purpose; responsibility for selection, scope of verification and approval rests with the customer.
16.14 Regulated environments. TAOM is not a validated system within the meaning of regulatory requirements and does not replace validation to be carried out by the customer. Whether a process step must be verified, and whether a record suffices, is decided by the customer under the rules applying to them.
16.15 Identifier per person. For traceability, every account receives a permanent, non-speaking identifier. It is stored on the content created by that account and serves to keep origin and approval apart – for a four-eyes principle, for instance. The identifier contains neither name nor address; resolving it is possible only within the customer’s environment. Details are set out in the privacy notice.
16.16 Identifiers cannot be changed. Identifiers once assigned to process steps, risks and test cases cannot be altered or removed. Without this fixity the link between model, issue and record would not hold.
16.17 Operational log. Events are logged for operation and fault finding; the log contains user names. It is cleaned automatically after a retention period set in the system; the default is 30 days. The customer may adjust the period in their environment; if set to zero, deletion is up to them.
16.18 Retention after an account is deleted. If a user account is deleted, the identifiers stored on approved records remain. Without them it would no longer be possible to establish who created a verification record and who approved it; the customer’s chain of evidence would be broken. This retention rests on the fulfilment of the customer’s legal retention and record-keeping obligations and on the legitimate interest in the evidential value of approvals given; it falls under the exception to erasure in Art. 17(3)(b) and (e) GDPR. Neither name nor address is retained – only the non-speaking identifier. The customer determines the duration according to the retention rules applying to them.
16.19 Processing for customers in the EEA. Where a customer uses TAOM within the scope of the GDPR and Traniva processes personal data exclusively on that customer’s behalf, the customer is the controller and Traniva the processor. The obligations of the controller, in particular informing data subjects and handling data subject requests, remain with the customer. Traniva supports the customer within the framework of the Data Processing Agreement (DPA).
16.20 Retention of enquiries. Enquiries submitted through the contact form and the related correspondence are kept for a further twelve months after they have been dealt with and are then deleted. The basis is the legitimate interest in still knowing the history should there be a follow-up question. Business letters within the meaning of commercial law and documents relating to concluded contracts are not covered; the statutory retention periods apply to those.
16.21 Retention of user accounts. When the contract ends, the user account is deleted 90 days thereafter. The period allows content to be secured or the contract to be continued without starting over. The customer may request deletion earlier at any time. This does not affect documents subject to statutory retention periods (invoices in particular) or the identifiers on approved records under clause 16.18. Workspaces are additionally subject to the level-dependent retention under clause 4.
16.22 Usage and consumption data. In order to provide the service, TRANIVA AG processes information about when which access account used which function: time and number of processing runs, the language model used, the volume of data processed in computing units (tokens), the duration and the result of the run. This information is linked to a user account and is therefore personal data. It is processed for the purposes set out in section 10.3 – billing, capacity planning, abuse detection and traceability towards the customer. The legal basis is performance of the contract and the legitimate interest in secure and economical operation. No evaluation of individual persons or of their work performance takes place. The data is not sold to third parties and does not leave the infrastructure referred to in section 16; it is deleted as soon as it is no longer required for the stated purposes, at the latest upon expiry of the statutory retention periods. Customers can view their usage at any time in their customer account.
16.23 Authoritative list of sub-processors. A complete and continuously maintained overview of all service providers used – including purpose, categories of data processed, place of processing and legal basis – is published at Sub-processors. That list is authoritative; statements in these terms and in other documents serve as explanation and are subordinate to it.
17. Confidentiality
17.1 Both parties treat as confidential any non-public information that becomes known to them in the course of using the Platform.
17.2 This obligation continues for at least five (5) years after the end of the contractual relationship, unless mandatory statutory retention or disclosure obligations conflict.
18. Right of withdrawal for consumers (EU/EEA/UK)
18.1 Consumers domiciled in an EU/EEA state or in the United Kingdom generally have a statutory right of withdrawal in respect of distance contracts for digital content/services.
18.2 The withdrawal period is 14 days from conclusion of the contract. To exercise the right of withdrawal, the consumer must inform Traniva of the withdrawal by means of a clear declaration (e.g. letter, email). The model withdrawal form is set out in clause 18.9; its use is optional.
18.3 The right of withdrawal lapses early where:
- the contract is directed at the supply of digital content or services,
- provision has already begun,
- and the consumer has previously expressly agreed that Traniva may begin performing the contract before the end of the withdrawal period and has confirmed their awareness that they lose their right of withdrawal once performance begins.
18.4 For contracts with businesses or with consumers outside the EU/EEA/UK, the statutory consumer protection rights of the respective country apply; mandatory protective provisions remain unaffected.
18.5 Where a consumer orders an upgrade and consents to performance beginning immediately, clause 18.3 applies accordingly: the right of withdrawal lapses early upon activation of the new licence.
18.6 Immediate provision, waiver of the right of withdrawal, and transitional licence
When placing an order, the consumer may separately confirm that Traniva shall begin performance immediately and that they thereby lose their right of withdrawal (clause 18.3). This confirmation is voluntary; the order can also be placed without it.
With confirmation: the purchased licence tier is provided in full immediately after payment is received. The right of withdrawal lapses when performance begins; withdrawal is excluded thereafter.
Without confirmation: immediately after payment is received the consumer obtains a transitional licence of the Webuser Basic tier (“Process Studio Modeller”). It covers use of the editor without AI features, with the number of users and the term ordered. The purchased licence tier is unlocked automatically once the 14-day withdrawal period has expired. The consumer may bring this forward at any time by expressly waiving the right of withdrawal in their customer account; the right of withdrawal lapses with that waiver. If the consumer withdraws within the period, the amount paid is refunded in full; no deduction or compensation for value is charged. Access is blocked upon withdrawal. Whether and when the confirmation was given is recorded with a timestamp and shown on the invoice and in the licence document. On subsequent unlocking the customer receives an updated licence document; the previous key ceases to be valid.
18.7 Binding orders, business customers, refunds
Businesses have no right of withdrawal. Orders placed by businesses are binding; cancellation or return is not provided for. The scope of the order should be checked carefully before submission.
Consumers who have waived their right of withdrawal under clause 18.6 are bound by the order.
Refunds are always made in Swiss francs and in the amount actually paid. Exchange rate movements between payment and refund, and fees charged by the payment service provider or the customer’s bank, are not compensated.
18.8 Address for withdrawal, observance of the deadline and consequences of withdrawal
Withdrawal may be declared without giving any reason and is to be addressed to Traniva AG, Zimbergstrasse 11, 8335 Hittnau, Switzerland, email info@traniva.com, telephone +41 79 730 06 60, or sent via the contact form on taom.ai. To meet the deadline it is sufficient that the declaration is dispatched before the period expires. Where the right of withdrawal has not lapsed early under clause 18.3 or 18.6, Traniva refunds the payments received without undue delay and no later than fourteen days after receipt of the declaration of withdrawal. The refund is made using the same means of payment as the original transaction, unless expressly agreed otherwise; the consumer is not charged any fees for this. The refund is made in Swiss francs in the amount actually paid, in accordance with clause 18.7.
18.9 Model withdrawal form
If you wish to withdraw from the contract, you may complete this form and return it to us; its use is optional.
To: Traniva AG, Zimbergstrasse 11, 8335 Hittnau, Switzerland, info@traniva.com
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following licence/service:
Ordered on / order number:
Name and address of the consumer:
Date and signature (only if this form is notified on paper):
19. Export control, sanctions law and international use
19.1 Users/customers are obliged to comply with all applicable export, sanctions and embargo provisions when using the Platform.
19.2 Traniva may restrict or refuse use from certain countries, regions or industries where, in Traniva’s view, this is necessary to comply with sanctions, export or security regulations.
20. Changes to the GTC and to the services
20.1 Traniva is entitled to amend these GTC insofar as this is necessary to reflect legal changes, new technical circumstances or the further development of the offering, and does not unreasonably disadvantage the user.
20.2 Traniva will give notice of material changes in a suitable form, as a rule by email and in the customer account under “What’s new”. Every version carries a version number and the date from which it applies; earlier versions remain available there. Non-material changes may take effect after prior notice. Changes that materially alter the customer’s existing rights or obligations, or that require consent under applicable law, take effect only after the customer’s express consent.
20.3 Where a change requires express consent, Traniva asks the customer for it by email. Consent and its date are recorded on the account. Until consent is given, the version last confirmed by that customer applies. The wording in force at the time of conclusion is additionally recorded as contract documentation and is available in the customer account.
21. Choice of law, place of jurisdiction and language version
21.1 Swiss law applies in principle, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
21.2 For legal disputes with businesses, the exclusive place of jurisdiction is – to the extent permissible – the registered office of Traniva AG (Canton of Zurich, Switzerland).
21.3 For consumers, the mandatory consumer protection and jurisdiction rules of their country of domicile apply. These GTC may not restrict such mandatory rights.
21.4 These GTC are drawn up in German. Translations serve information purposes only; in case of doubt, the German version prevails.
22. Consulting, training and integration services
22.1 Types of service
In addition to providing the TAOM.AI platform, Traniva offers, among other things, the following additional services:
- consulting services (e.g. process and organisational consulting, digital twin design),
- training and courses (online or on site),
- integration and engineering services (e.g. connection to SAP, Jira, Confluence, Microsoft 365, automation platforms),
- project-related project management and professional services.
The specific scope follows from the service description in the quotation, the order confirmation and/or a separate Statement of Work (SOW).
22.2 Remuneration and billing
Unless a fixed price is expressly agreed, consulting, training and integration services are billed on a time and material basis at the daily/hourly rates applicable at the time, plus expenses and incidental costs.
22.3 Use of AI in consulting and training services
Traniva may use AI-supported tools and models in consulting, training and integration services (including, but not limited to, TAOM’s own agents and approved third-party models), e.g. to support analyses, documentation, modelling, test cases or textual proposals.
All AI-supported results also constitute proposals in this context and replace neither the customer’s professional decisions nor legal or regulatory assessments. Responsibility for the use of such results within the customer’s organisation remains with the customer.
22.4 Customer’s duties to cooperate
The customer undertakes to provide Traniva in good time and in full with all information, documents, access rights, test data, test environments and decision-makers required for the proper performance of the agreed services.
If the customer fails to meet their duties to cooperate or does so late, Traniva is entitled to adjust deadlines appropriately and to charge separately for the additional work incurred.
22.5 Project documents and work results
Concepts, architectures, process models, templates, scripts and other work results created in the course of consulting, training and integration services may be used by the customer within the contractually agreed scope. Unless agreed otherwise, the customer receives a simple, non-transferable right to use these results for their own purposes.
22.6 Training materials. In addition to section 22.5, the following applies to materials that do not arise as a work result for the customer but are provided by Traniva AG: materials provided in the course of trainings and workshops – presentations, manuals, exercise files, sample solutions and recordings – are made available exclusively in electronic form and are protected by copyright. The customer receives a simple, non-transferable right to use them within their own organisation and for the persons trained. Passing them on to third parties, publishing them and using them for own or third-party trainings are not permitted without prior written consent. Recordings of the training by participants require prior consent. No physical materials are shipped.
22.7 Language of training materials. Trainings are held in German or English; the accompanying materials are provided in one of these two languages. There is no entitlement to further language versions. The customer may translate the materials into other languages for internal use with common translation tools; the versions produced in this way are machine translations and are not reviewed by Traniva AG. No warranty is given as to their accuracy or completeness; the original German or English version remains authoritative. Passing translated versions on to third parties is governed by section 22.6.
Methods, generic know-how, frameworks, standard training content, the TAOM method, the TAOM framework and the underlying tools remain the intellectual property of Traniva or its licensors.
