Fracttal

Summary

The provided diff does not include the actual amended contract language. It only states:

> “Added approximately 279 words to the document”

Accordingly, it is not possible to identify:

• New or modified legal rights and obligations
• Changes to liability, indemnity, confidentiality, or termination provisions
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models
• Whether such use requires consent, is opt-out or opt-in, or applies by default
• Any restrictions on personal data, confidential information, or customer content
• Changes to data retention, deletion, security, ownership, or intellectual-property rights

AI Training/Data-Use Assessment

No substantive language regarding the use of customer data to train AI models is included in the supplied diff. Therefore, no conclusion can be reached about whether the amendment:

• Authorizes training on customer content;
• Permits use of data in aggregated, de-identified, or identifiable form;
• Allows sharing with affiliates, vendors, or third-party model providers;
• Grants the provider ownership or a broad license to customer data; or
• Provides customers with notice, consent, opt-out, deletion, or audit rights.

Required Information

Please provide the actual text of the 279 added words, together with any surrounding deleted or replaced language. The changes can then be reviewed for legal effect, including specific risks relating to AI training and customer-data use.

Executive Summary

The diff appears to reorganize and substantially rewrite the Terms rather than merely update wording. It adds Fracttal Hub and a new table of contents, clarifies the contracting entity and user roles, adds technical-support references, and expands certain liability and account-security provisions.

Important Changes and Risks

1. Fracttal Hub and expanded services

• The agreement now expressly refers to Fracttal Hub and adds a dedicated section.
• The services are described more broadly as covering CMMS, EAM, mobile applications, and Internet of Things functionality.
• A new reference is added to a technical support level agreement, including a support email address.

Risk: Customers should confirm whether Fracttal Hub and related IoT/mobile functionality are automatically included, separately licensed, or subject to additional terms, fees, data processing, or service levels. The diff does not provide the substantive Hub terms or SLA.

2. Contracting parties and affiliates

• FRACTTAL is identified as Fracttal Tech S.L., domiciled in Spain, with a tax identification number.
• “CLIENT” may now accept the proposal from Fracttal, its subsidiaries, or its parent company.
• The definition of USER is clarified as a person authorized by the CLIENT.

Risk: The customer may be contracting with, or receiving services from, different group entities. This could affect responsibility for performance, payment, data protection, governing law, and claims. The terms should identify which entity is responsible for each obligation.

3. Spanish-language priority

• The terms now state that the original Spanish version prevails over translated versions in case of discrepancies.

Risk: Non-Spanish-speaking customers bear the risk of relying on an inaccurate or incomplete translation. The Spanish version should be reviewed before acceptance.

4. Account security and customer liability

• The revised text states that the CLIENT could be responsible for losses suffered by Fracttal, other users, or third parties arising from the appropriation or use of a user account.
• Unauthorized account use must be reported to a specified privacy email address.

Risk: This may broaden the customer’s exposure for compromised credentials or misuse by users. The provision should be checked for limits, fault standards, exclusions, and consistency with any indemnity or liability cap.

AI Training and Use of Customer Data

No express change concerning AI-model training is visible in the supplied diff. The user-content language appears to remain substantially the same: customer-uploaded data may be used “in any manner authorized by the USER ACCOUNT holder,” and Fracttal states that it does not control, edit, or disclose account information without prior permission, except as specified in the Terms and Privacy Policy.

However, the reference to the Privacy Policy remains important. AI training or model-improvement rights could appear there or elsewhere in the full Terms. Customers should obtain written confirmation that their data, including confidential information and personal data, will not be used to train general-purpose or third-party AI models without express consent.

Key Changes and Risks

1. New Fracttal Hub and expanded service description

• The terms now introduce Fracttal Hub, apparently an additional product or service.
• Fracttal is more specifically described as a SaaS platform for maintenance management (CMMS), enterprise asset management (EAM), mobile applications, and Internet of Things (IoT).
• The terms add a new structure covering Fracttal Hub, WhatsApp notifications, technical support, user content, payments, acceptable use, intellectual property, claims, service access, modifications, and applicable law.

Risk: The new service may be incorporated into the same contractual framework without clearly explaining which provisions apply to Fracttal Hub, the core platform, IoT services, or third-party components. Customers should confirm whether additional fees, data flows, service levels, or liability rules apply to Hub.

2. Broader contracting parties and corporate-group rights

• The customer may now accept the service proposal from Fracttal Tech S.L., its subsidiaries, or its parent company.
• Fracttal is identified as a Spanish company with a tax identification number.
• The definition of “CLIENT” and “USER” has been reorganized. A user is someone authorized by the client and registered with Fracttal.

Risk: Group companies may potentially provide services, process data, enforce the agreement, or receive contractual rights. The agreement does not appear to allocate responsibility among Fracttal entities or identify which entity is the customer’s contracting party.

3. Acceptance and user responsibility

• Users accept the terms by entering data and accessing or using the platform.
• Users must be of legal age, have legal capacity, and supervise use of the service.
• The client may be responsible for losses caused by account appropriation or unauthorized account use.
• Unauthorized use must be reported to privacy@fracttal.com.

Risk: The client’s responsibility for unauthorized account use may be broad and potentially apply even where the client was not negligent. The revised language should be reviewed alongside any limitation-of-liability and security provisions.

4. User content and data use

• User content includes uploaded data, information, materials, and documents stored in the software.
• The prior wording stated that user content could be used “in any manner authorized by the USER ACCOUNT holder.”
• The revised wording adds that Fracttal does not control, edit, or disclose user-account information without the client’s prior permission, except as specified in the terms and Privacy Policy.

AI-training impact: The diff does not expressly grant or prohibit a right to use customer data to train AI models. However, the broad “any manner authorized” wording and the exception for uses specified in the terms or Privacy Policy could permit additional processing if those documents authorize it. Customers should obtain express confirmation that their content, prompts, outputs, telemetry, and derived data will not be used to train general-purpose or third-party AI models without prior written consent. Data ownership, de-identification, retention, model-improvement rights, and opt-out rights are not addressed in this diff.

5. Language and interpretation

• The agreement now states that the original Spanish version prevails over translations where discrepancies exist.

Risk: Non-Spanish-speaking customers bear the risk of relying on an inaccurate translation. The controlling Spanish text should be reviewed before acceptance.

6. Other additions

• Technical support is directed to support@fracttal.com.
• Copyright complaints may be sent to legal@fracttal.com.
• New intellectual-property wording emphasizes Fracttal’s and its licensors’ ownership of the website, app, documentation, trademarks, and related materials.

Summary

The provided diff does not include the actual amended contract language. It only states:

> “Added approximately 279 words to the document”

Accordingly, it is not possible to determine:

• What contractual terms were added or changed;
• Whether the customer’s data may be used to train, fine-tune, validate, or improve AI models;
• Whether such use requires customer consent or is permitted by default;
• Whether data may be de-identified, aggregated, or shared with affiliates or third-party providers;
• Whether the customer can opt out of AI training or revoke consent;
• What confidentiality, security, retention, or deletion protections apply;
• Whether the provider receives ownership or broad usage rights in customer data or outputs; or
• Whether any new indemnity, liability limitation, compliance, or audit obligations were added.

Key Limitation

No substantive legal analysis can be performed from the information supplied. The actual additions, deletions, or replacements are required to identify legal effects and risks.

Please provide the full redline using the stated notation—for example:

• Additions: {new language}
• Deletions: [deleted language]
• Replacements: [old language]{new language}

Particular attention should be given to provisions mentioning AI, machine learning, training, model improvement, service improvement, usage data, customer content, de-identification, aggregated data, feedback, ownership, license, retention, or third-party providers.

Summary of Important Changes

1. Major restructuring and expanded scope

• The terms have been substantially reorganized into 21 sections, adding or expressly identifying provisions on:
• Fracttal Hub
• WhatsApp Notification Service
• Technical support/service levels
• User accounts and obligations
• User content
• Rates and payments
• Acceptable use and unauthorized access
• Liability and disclaimers
• Intellectual property, trademarks, third-party links, copyright claims, and applicable law
• The agreement now more clearly identifies Fracttal Tech S.L., its Spanish tax identification number, and its relationship with subsidiaries and parent companies.
• The service description is expanded to cover CMMS, EAM, mobile applications, and Internet of Things (“IoT”) functionality.

2. Definitions and responsibility changes

• “Client,” “User,” “User Account,” and “Web Surfer” are redefined and separated more clearly.
• A User is now expressly described as a person authorized by the Client, registered with Fracttal, and using a username and password.
• Users must be of legal age, have legal capacity to use the service, and supervise its use.
• The Client may be responsible for losses suffered by Fracttal, other users, or third parties arising from the appropriation or use of a User Account, including unauthorized use. This increases the Client’s potential exposure for account-security failures or misuse by its personnel.

3. Acceptance and governing language

• Acceptance is tied to a User entering data and accessing or using the platform.
• Users are expressly deemed to have read and understood the terms and must comply with them and applicable laws.
• The agreement now states that the original Spanish version prevails over translations where discrepancies exist. Non-Spanish-speaking customers face an interpretation risk.

4. User content and AI-model training

• The revised text continues to state that uploaded data, information, materials, and documents (“User Content”) may be used “in any manner authorized by the USER ACCOUNT holder.”
• It also states that Fracttal does not control, edit, or disclose Client account information without prior permission, except as specified in the terms and Privacy Policy.
• No express provision in the supplied diff authorizes Fracttal to use Customer/User Content to train, fine-tune, evaluate, or improve AI models. There is also no express prohibition on such use. The broad “any manner authorized” wording and incorporation of the Privacy Policy create ambiguity and should be clarified.
• Customers should confirm whether the Privacy Policy or separate Fracttal Hub terms contain AI-training rights, anonymization rights, retention rules, or restrictions on use of confidential data.

5. Other notable changes

• Technical support contact information is updated to support@fracttal.com, with a service-level agreement referenced.
• Copyright complaints may be sent to legal@fracttal.com.
• Intellectual-property ownership language is expanded to cover Fracttal, licensors, software, mobile applications, documentation, trademarks, and related products.
• Fracttal’s right to suspend Services, the Website, or Mobile App is reaffirmed or expanded.

Summary

The supplied diff does not include the actual amended contract language. It only states:

> “Added approximately 279 words to the document”

Because the new wording is not provided, it is not possible to determine:

• What contractual provisions changed;
• Whether any customer obligations or vendor rights were expanded;
• Whether liability, confidentiality, security, intellectual-property, or termination terms were altered; or
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.

AI Training and Data-Use Changes

No specific language addressing AI models or data use appears in the supplied diff. Accordingly, there is no basis to conclude whether the amendment:

• Permits or prohibits training AI models on customer data;
• Allows use of customer data to improve products or services;
• Permits use of de-identified, aggregated, or derived data;
• Allows human review or disclosure of prompts, outputs, or customer content;
• Gives the customer an opt-out or deletion right; or
• Changes ownership of customer data, model inputs, outputs, or intellectual property.

Risk Assessment

A substantive legal risk assessment cannot be completed without the approximately 279 added words and the surrounding original language. In particular, the precise wording and placement of any new provision are necessary to assess whether it overrides existing confidentiality, data-protection, intellectual-property, or service-use restrictions.

Please provide the actual additions and, ideally, the corresponding deleted or replaced text.