Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Diafunc platform and the Diafunc website at diafunc.com (together, the "Service"). The Service is operated by:

By creating an account, by activating a subscription, or by using the Service in any other way, you accept these Terms and our Privacy Policy. If you do not accept them, you must not use the Service.

2. Definitions

• "Diafunc", "we", "us", "our" — Markus Pollak, the operator of the Service, as identified above.
• "You", "your", "User" — the natural or legal person using the Service under an account.
• "Consumer" — a User who is a natural person acting outside their trade, business, craft, or profession (Austrian KSchG § 1 (1) Z 2).
• "Business" — any User who is not a Consumer.
• "Content" — data, files, code, text, analyses, models, and any other material that you upload to, generate with, or store on the Service.
• "Subscription" — a paid plan (Premium, Ultimate, or Team) under which the Service is provided to you.
• "Credits" — Diafunc's internal accounting unit for resource consumption (storage, compute, analyses).

3. The Service

Diafunc is a web-based Symbolic AI platform for data analysis, symbolic regression, notebooks, visualisation, collaboration, and related developer tooling. Detailed feature descriptions are published on /product and /platform and may change as the Service evolves.

The Service is delivered as Software-as-a-Service: you access it through a browser, the Diafunc CLI, the REST API, or the MCP server. There is nothing for you to install on Diafunc's side.

4. Your account

4.1 You must be at least 16 years old to create an account. By creating an account you confirm that you meet this age requirement and that the information you provide is accurate.

4.2 You are responsible for keeping your login credentials secret and for all activity that takes place under your account. Notify us at contact@diafunc.com without undue delay if you become aware of any unauthorised use.

4.3 You may close your account at any time from your account settings, or by writing to us. Closing the account terminates these Terms with respect to you (Section 13 governs the effects of termination).

5. Subscriptions, billing, and Credits

5.1 The Service is offered under a Free plan and the following paid Subscriptions: Premium, Ultimate, and Team. Current pricing and the credit allowance per plan are published at /pricing and form part of these Terms.

5.2 Subscriptions renew automatically on a monthly or annual cycle (your choice) until you cancel. You can cancel a Subscription at any time in your account settings. Cancellation takes effect at the end of the current billing period — you keep the plan and credits you have paid for through that period. Already-paid fees are not refunded on cancellation; this does not affect your statutory rights as a Consumer (Section 6 and Section 11.3).

5.3 Payments are processed by Stripe Payments Europe Ltd. By providing payment details you authorise us (via Stripe) to charge the applicable fees to your payment method on each renewal until you cancel. If a payment fails we will attempt re-collection in line with the dunning process described in the Stripe Customer Portal and, if the failure persists, we may suspend the Subscription.

5.4 Credits are an internal accounting unit. They are not money, are not redeemable for cash, and have no value outside the Service. Unused Credits expire at the end of each billing cycle unless your plan explicitly provides for roll-over. Extension Packs add Credits to your current cycle.

5.5 We may change pricing or the Credit allowances. Changes take effect at the start of your next billing cycle; we notify you at least 30 days in advance. If you do not accept a price change, you may cancel before it takes effect (Section 5.2).

6. Consumer withdrawal right

If you are a Consumer based in the EU, you have a statutory right under § 11 Fern- und Auswärtsgeschäfte-Gesetz (FAGG) to withdraw from a paid Subscription within 14 days from the day on which the contract was concluded, without giving any reason. To exercise this right, send an unambiguous statement (for example by email to contact@diafunc.com) before the 14-day period expires.

You can find the model withdrawal form in Annex I FAGG. Sending the form is not mandatory; any clear statement is sufficient.

Where you withdraw within the 14-day period, we refund the fees paid for the period. If you have used the Service during the period, the refund may be reduced proportionally to reflect the value of the Service already provided, as permitted by § 16 FAGG.

7. Your Content

7.1 You retain all rights, title, and interest in your Content. We do not claim any ownership in your Content.

7.2 You grant Diafunc a non-exclusive, worldwide, royalty-free licence to host, store, transmit, process, analyse, display to you, and create derivative works of your Content solely as necessary to provide the Service to you. The licence ends when you delete the Content or close your account, subject to the retention and backup terms in our Privacy Policy.

7.3 You represent and warrant that you have all necessary rights to upload your Content and that your Content does not infringe any third-party rights or applicable law.

7.4 We do not actively monitor your Content. We may remove or restrict access to Content that we become aware of and that violates these Terms or applicable law (Section 8). Where required by Austrian or EU law (e.g. the EU Digital Services Act), we will provide a statement of reasons for any such action.

8. Acceptable Use

You agree not to use the Service to:

• violate any applicable law, regulation, or third-party right (including intellectual-property, data-protection, and trade-secret rights);
• process special-category personal data (Art. 9 GDPR) or data of children under 16 without our prior written agreement;
• upload, generate, or distribute malware, illegal content, content depicting the abuse of minors, or content inciting violence, terrorism, or discrimination;
• harass, threaten, defame, or impersonate other persons;
• send spam or unsolicited commercial communication through the Service;
• circumvent the Credit-accounting system, share accounts to evade limits, or attempt to scrape, mirror, or systematically extract Diafunc-owned content;
• perform security testing of the Service without our prior written consent, or otherwise interfere with the integrity, availability, or performance of the Service or other users' accounts;
• resell, sublicense, or commercially redistribute the Service to third parties without our prior written consent.

9. Service availability and changes

9.1 We make reasonable efforts to keep the Service available 24/7 but do not guarantee uninterrupted availability. Planned maintenance is announced in advance where practical. Unplanned downtime, including downtime caused by sub-processors or force majeure, does not constitute a breach of these Terms.

9.2 We may add, modify, or remove features of the Service to improve security, comply with the law, or evolve the product. Material changes that materially reduce your contracted capability will be notified at least 30 days in advance and give you the right to cancel under Section 5.

10. Our intellectual property

10.1 Diafunc, Ufinq, the Diafunc logo, the Ufinq logo, and all related trademarks are the property of Markus Pollak. See /trademarks for additional trademark notices.

10.2 The Diafunc platform, including its source code, design, user interface, documentation, and the Ufinq technology, is protected by copyright and other intellectual-property rights. Except as expressly permitted by these Terms or applicable mandatory law, you may not copy, modify, reverse-engineer, decompile, or create derivative works based on the Service.

10.3 Diafunc is permitted to use aggregated, fully anonymised technical data (e.g. usage statistics that cannot be related back to you or your Content) to operate, secure, debug, and improve the Service.

11. Warranties and disclaimer

11.1 We provide the Service with reasonable care and skill. To the extent permitted by law, we make no further warranties — express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, accuracy of results, or non-infringement.

11.2 The Service is not a substitute for professional advice. Any model, analysis, or result produced by the Service is provided for informational purposes and you are responsible for verifying its suitability for your purpose.

11.3 Nothing in this Section limits the statutory warranty rights of Consumers (Gewährleistung, ABGB § 922 ff.; KSchG § 9) that cannot be excluded or restricted by contract.

12. Liability

12.1 We are liable without limitation for damages caused by us intentionally or by gross negligence, for damages from injury to life, body, or health, and for any other liability that cannot be excluded or limited by mandatory Austrian law (including liability under the Produkthaftungsgesetz).

12.2 For damages caused by slight negligence, our liability is limited to the foreseeable damage typical of the contract. For Business customers, our aggregate liability for damages caused by slight negligence is further limited to the total fees paid by you to Diafunc in the 12 months preceding the event giving rise to the claim.

12.3 We are not liable for loss of profit, loss of revenue, loss of business, loss of goodwill, or any indirect or consequential damage, except where we acted intentionally or with gross negligence or where mandatory law provides otherwise.

12.4 You are responsible for backing up Content that you cannot afford to lose. Our backup system (Privacy Policy § 5) is for our own operational continuity and is not a substitute for your own backups.

13. Suspension and termination

13.1 We may suspend or terminate your account, with or without notice, if you materially breach these Terms (in particular Section 8), if your payment is more than 14 days overdue after a reminder, or if continued provision of the Service would expose us or other users to legal, security, or operational risk.

13.2 You may close your account at any time (Section 4.3).

13.3 On termination: (a) your right to use the Service ends; (b) we delete your Content from our active systems on closure of the account (deletion is synchronous and cascades to your projects, groups, support requests, Extension Packs, and Subscriptions); the data persists in backup as described in the Privacy Policy until backup records age out; (c) any provision of these Terms that by its nature should survive (in particular Sections 7.3, 10, 11, 12, 18, 19) survives termination.

14. Data protection

Personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.

15. Confidentiality

If we share with you any non-public technical, business, or financial information about Diafunc that is marked confidential or that a reasonable person would understand to be confidential, you must keep it confidential, not disclose it to third parties, and use it only for the purpose for which we shared it. The obligation lasts for 3 years after disclosure and survives termination of these Terms.

16. Changes to these Terms

We may update these Terms. Material changes will be notified to active Users at least 30 days in advance by email or in-product notification. If you do not accept the changes, you may close your account before the change takes effect (Section 4.3). Continued use of the Service after a change becomes effective constitutes acceptance.

17. Force majeure

Neither party is liable for any failure or delay caused by events outside its reasonable control, including but not limited to natural disasters, war, civil unrest, government action, large-scale internet outages, or failures of upstream telecommunications, hosting, or payment infrastructure.

18. Governing law and jurisdiction

18.1 These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict-of-laws rules to the extent they would refer the matter to a different jurisdiction.

18.2 For Business customers, the courts of Eisenstadt, Austria, have exclusive jurisdiction over any dispute arising under these Terms.

18.3 If you are a Consumer, the mandatory consumer-protection law of your habitual residence in the EU/EEA remains unaffected, and you retain the right to bring proceedings in the courts of the EU member state in which you are domiciled (Regulation (EU) 1215/2012 — Brussels I bis).

19. Dispute resolution

If you have a complaint, please contact us first at contact@diafunc.com. We will try to resolve your complaint informally.

If you are a Consumer based in the EU and we cannot resolve your complaint, you have the right to use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged to participate, and currently do not participate, in alternative dispute-resolution proceedings before a consumer-arbitration board.

20. General

20.1 Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms shown at the point of subscription, constitute the entire agreement between you and Diafunc concerning the Service.

20.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision is replaced by a valid provision that comes closest to the parties' intended economic effect.

20.3 No waiver. Failure to enforce a provision is not a waiver of the right to do so later.

20.4 Assignment. You may not assign or transfer your account or your rights under these Terms without our prior written consent. We may assign our rights and obligations to a legal successor of the business with at least 30 days' notice.

20.5 Language. These Terms are published in English. We may also provide a German translation for convenience; in case of inconsistency, the English version prevails for Business customers, while Consumers may rely on the language in which they signed up.

21. Contact

For any question about these Terms, contact us at contact@diafunc.com or through the contact form.

Effective: 2026-05-24.