Terms of Service

1. Who we are and what this document is

These Terms of Service (the “Terms”) govern the use of Soma, the AI organisational intelligence and leadership development platform available at soma.fyi (the “Service”). The Service is provided by Jonathan Fristedt AB, a Swedish limited company with organisation number 559271-8000 and registered address Samaritgränd 8, 118 53 Stockholm, Sweden (“Soma”, “we”, “us”).

The Terms are a contract between Soma and the organisation that creates a workspace or otherwise subscribes to the Service (the “Customer”, “you”). By creating a workspace, clicking “I agree”, or using the Service, the person doing so confirms that they are authorised to bind the Customer to these Terms.

The Service is offered to businesses and organisations only. It is not offered to consumers, and you confirm that you are using the Service for business or professional purposes.

The following documents form part of these Terms:

• the Privacy Policy at soma.fyi/privacy;
• the Data Processing Agreement at soma.fyi/dpa (the “DPA”), which applies whenever the Customer’s use of the Service involves personal data;
• the Sub-processor List at soma.fyi/subprocessors;
• the Acceptable Use and AI Policy in Section 8; and
• any Order Form or written agreement signed by both parties, which takes precedence over these Terms where they conflict.

2. Definitions

“Workspace” means the Customer’s tenant within the Service, created by the Customer and administered by one or more Workspace Owners.

“Authorised User” means an individual whom the Customer invites to the Workspace, including employees, contractors and other members of the Customer’s organisation.

“Participant” means an individual who takes part in a Session, whether or not they hold an account.

“Session” means a structured, AI-facilitated interview or reflection flow run through the Service.

“Customer Data” means all content and data that the Customer or its Authorised Users and Participants submit to the Service, including Session responses, chat conversations, Context Pages, documents and organisational information.

“Output” means reports, narratives, analyses, scores and other material that the Service generates from Customer Data.

“Anonymised Data” means data derived from Customer Data from which the means of identifying any individual or Customer have been removed or destroyed, so that it no longer constitutes personal data under applicable law.

“Credits” means the internal usage units that the Service meters against the Customer’s subscription.

3. The Service

3.1 Soma provides an AI thinking partner and workforce session platform. The Service uses large language models and other automated methods to run Sessions, analyse responses and produce Output. The Service is grounded in developmental and organisational theory, and its Output is intended to support reflection, dialogue and development.

3.2 The Service uses artificial intelligence. Conversations with Soma and Sessions are conducted by an AI system, not a human. The Service will make this clear at the start of each interaction, as required by Article 50 of Regulation (EU) 2024/1689 (the EU AI Act).

3.3 Soma may add, change or remove features from time to time. We will give at least 30 days’ notice before removing a feature that materially reduces the core functionality of a paid subscription. Features marked as beta, preview or experimental are provided as-is and may be changed or withdrawn without notice.

3.4 Soma provides reasonable support by email at support@soma.fyi during Swedish business hours. Soma does not commit to a service level agreement unless one is set out in an Order Form.

4. Workspaces, accounts and data region

4.1 The Customer creates a Workspace and designates at least one Workspace Owner. The Customer is responsible for all activity in its Workspace, including activity by Authorised Users.

4.2 When creating a Workspace, the Customer chooses the region where the Workspace’s data is stored: the European Union (Google Cloud multi-region eur3) or North America (Google Cloud multi-region nam5). All Customer Data and Output belonging to that Workspace is stored in the selected region. The region cannot be changed after creation without migrating the Workspace. Basic account profiles and billing records are stored in the European Union regardless of the Workspace region. AI inference is described in Section 10 and the DPA.

4.3 Authorised Users must be at least 18 years old and must keep their login credentials confidential. Authentication is provided through Kinde. The Customer must promptly remove users who leave its organisation and must notify Soma of any suspected unauthorised access.

4.4 The Customer must not share accounts, circumvent seat or usage limits, or allow persons outside its organisation to use the Workspace unless they are engaged by the Customer as Authorised Users.

5. Subscriptions, credits and payment

5.1 Plans. The Service is offered on subscription plans as described at soma.fyi/pricing. There are two kinds of subscription: a Workspace subscription, which unlocks Sessions and workspace features and sets a monthly usage budget for the Workspace; and a User subscription, which gives an individual Authorised User an increased personal usage allowance and additional features. Users without a subscription receive a small free allowance that Soma may change at any time.

5.2 Credits. Subscriptions are metered internally in Credits. Credits are consumed by Sessions, conversations and other usage as described at soma.fyi/pricing. Credits are not money, have no cash value, cannot be transferred or refunded, and expire at the end of each billing period unless the applicable plan states otherwise. Except where an Order Form provides for payment by invoice, Credits for a billing period are made available only once payment for that period has been received. Soma may adjust how usage maps to Credits with 30 days’ notice. Referral credits granted under any referral programme are subject to the programme’s terms and may be withdrawn if the referral is cancelled, refunded or found to be fraudulent.

5.3 Merchant of Record. Payments are processed by Polar Software Inc. (“Polar”), which acts as the merchant of record and reseller of the subscription. This means that the purchase transaction, invoice, VAT and payment collection are handled by Polar, and Polar’s Checkout Buyer Terms (polar.sh/legal/checkout-buyer-terms) apply to the payment. These Terms continue to govern the Customer’s use of the Service. Soma receives from Polar only the information necessary to activate and manage the subscription, and never the Customer’s full card details.

5.4 Billing cycle and renewal. Subscriptions are billed monthly in advance to the payment method of the Workspace Owner, and renew automatically each month until cancelled. The minimum subscription period is one month. Annual plans, if offered, are set out in an Order Form.

5.5 Cancellation. The Customer may cancel a subscription at any time from the Workspace’s billing settings. Cancellation takes effect at the end of the current billing period. The Customer retains access until then. Fees already paid are not refunded, and unused Credits are forfeited at the end of the period, except where required by law.

5.6 Prices and taxes. Prices are stated exclusive of VAT and other taxes, which are added where applicable. Soma may adjust its prices. Any adjustment will be communicated to the Workspace Owner by email or in the Service no later than thirty (30) days before the new price takes effect, and applies from the first billing period after that date. If the Customer does not accept the adjustment, it may terminate the affected subscription with effect from the date the new price would have applied, and Soma will refund any prepaid fees for periods after that date. Changes to the free allowance or to how usage maps to Credits under Section 5.2 are not price adjustments for this purpose.

5.7 Invoice payment. Where an Order Form so provides, Soma may (but is not obliged to) offer payment by invoice instead of card payment through Polar. Invoices are issued in advance and are payable within thirty (30) days of the invoice date. If an invoice is not paid when due, Soma may charge late-payment interest under the Swedish Interest Act (räntelagen 1975:635) at the reference rate plus eight (8) percentage points, together with statutory reminder and collection fees.

5.8 Non-payment. If a card payment fails, Soma or Polar will notify the Workspace Owner and retry. If any payment, by card or invoice, is not received when due, Soma may suspend usage-based features, including Sessions and AI conversations, until payment is received. During suspension, the Customer keeps read access to its existing Output and Context Pages. Suspension does not relieve the Customer of the obligation to pay fees accrued, and the Customer remains liable for the full amount of any declined or reversed card transaction.

5.9 Budget caps. The Customer may set a monthly usage budget for the Workspace. Soma will not exceed the budget without the Customer’s action, except that a Session already in progress when the budget is reached is allowed to complete.

6. Customer responsibilities

6.1 Lawful basis and participant information. The Customer decides whom to invite to the Workspace and which Sessions to run. The Customer is the data controller for the personal data of its Authorised Users and Participants. The Customer is responsible for ensuring that it has a lawful basis under the GDPR for running Sessions with its employees and other Participants, for informing Participants about the processing in accordance with Articles 13 and 14 of the GDPR, for consulting employee representatives where required by law or collective agreement, and for obtaining any consent that its own assessment shows is needed. Soma’s in-product disclosures support this, but the Customer remains responsible.

6.2 Nature of the Output. The Customer acknowledges that Output is generated by an AI system from what Participants say, may be incomplete or inaccurate, and reflects patterns rather than verified facts. The Customer must review Output with its own judgement before acting on it.

6.3 Intended purpose; no employment decisions. The Service is intended to support reflection, dialogue and development in individuals and organisations. It is not intended for, and the Customer must not use the Service or any Output, alone or together with other information, as a basis for:

(a) recruiting or selecting individuals, including screening or evaluating candidates;

(b) decisions on promotion, dismissal, pay, contract terms, disciplinary action or other terms of a work relationship;

(c) allocating tasks based on an individual’s behaviour, personality traits or characteristics; or

(d) monitoring or evaluating the performance or behaviour of individual workers.

The Customer must not use Output to make any automated decision that produces legal or similarly significant effects on an individual. Any use for a purpose listed above is outside the Service’s intended purpose, and the Customer is solely responsible for it, including any obligations that would then apply to the Customer as a provider or deployer of a high-risk AI system under the EU AI Act.

6.4 Compliance. The Customer must comply with all laws applicable to its use of the Service, including employment law, data protection law and, where the Customer deploys the Service in its organisation, its obligations as a deployer under the EU AI Act.

7. Customer Data, Output and intellectual property

7.1 Customer owns its data. As between the parties, the Customer owns all Customer Data and all Output generated for its Workspace. The Customer grants Soma a non-exclusive, worldwide licence to host, process, transmit, analyse and display Customer Data and Output to the extent necessary to provide, secure and support the Service and to comply with law.

7.2 Soma owns the Service. Soma and its licensors own all rights in the Service, including its software, models, prompts, frameworks, scoring methods, session designs, documentation and any improvements. Nothing in these Terms transfers those rights to the Customer. The Customer may not: (a) copy, reverse engineer, decompile, scrape or otherwise systematically extract the Service or its content; (b) use the Service to train or improve any machine learning model; or (c) use the Service or Output to build, or to create derivative works that form part of, a product or service that competes with the Service.

7.3 Anonymised Data and research. Soma’s purpose includes building an understanding of how organisations and people develop over time. The Customer agrees that Soma may create Anonymised Data from Customer Data and Output. Soma aims to achieve full anonymisation, meaning that the data can no longer be linked to an individual or Customer by any means reasonably likely to be used (GDPR Recital 26). To this end, Soma destroys the keys that link content to individuals and Customers, and removes or replaces identifying details. Soma may retain and use Anonymised Data indefinitely for research, statistical analysis, developing and improving the Service, and publishing aggregated findings. Data that does not meet this standard remains personal data and is processed only under the DPA. Soma will never publish or share Anonymised Data in a form that could reasonably be used to identify the Customer, an Authorised User or a Participant, and will not use Customer Data to train or fine-tune any third-party AI model.

7.4 Third-party AI providers. Customer Data submitted to the Service is processed by third-party AI providers listed in the Sub-processor List, currently Anthropic, PBC, under contracts that prohibit the provider from using Customer Data to train its models.

7.5 Feedback. If the Customer or its users give Soma suggestions or feedback, Soma may use them without restriction or compensation.

8. Acceptable Use and AI Policy

The Customer and its Authorised Users must not:

(a) use the Service to harass, discriminate against, surveil or intimidate any person, or to run Sessions with anyone who has not been informed that they are interacting with an AI system;

(b) use the Service or Output for any purpose excluded by Section 6.3;

(c) submit data that the Customer does not have the right to submit, including personal data collected unlawfully;

(d) design Sessions, questions or prompts that ask for, or are intended to elicit, special categories of personal data (such as health, religious belief, sexual orientation or trade union membership), or upload such data to the Service, unless agreed in writing with Soma;

(e) attempt to identify, re-identify or profile individuals from anonymised or aggregated Output;

(f) attempt to extract system prompts, jailbreak, or otherwise manipulate the AI to act outside its intended purpose;

(g) use the Service for any unlawful purpose, to infringe third-party rights, to send malware, or to probe or interfere with the Service’s security or infrastructure;

(h) resell, sublicense or provide the Service to third parties, or use it to provide services to third parties, without a written agreement with Soma.

Soma may suspend access, remove content or terminate the Workspace if it reasonably believes this Policy has been breached, and will notify the Customer unless prohibited by law or where notice would compromise an investigation.

9. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with the Service, use it only for the purposes of these Terms, and protect it with at least reasonable care. Customer Data and Output are the Customer’s confidential information. The Service’s non-public features, pricing not published on the website, and security information are Soma’s confidential information. These obligations do not apply to information that is public through no fault of the recipient, already known to the recipient, independently developed, or required to be disclosed by law, and they survive for three years after termination (indefinitely for Customer Data).

10. Data protection and security

10.1 The DPA governs Soma’s processing of personal data on the Customer’s behalf and forms part of these Terms. Where these Terms and the DPA conflict on a data protection matter, the DPA prevails.

10.2 Soma applies technical and organisational measures appropriate to the sensitivity of Customer Data, including pseudonymisation of Session content before analysis, encryption in transit and at rest, per-Workspace encryption keys, separation of identity-linking data from application data, role-based access, and logging. A summary of current measures is available in the DPA and at soma.fyi/security.

10.3 AI inference is performed by Anthropic, PBC through its API. Requests are routed globally by Anthropic and may be processed in the United States. Transfers of personal data outside the EEA are made under the safeguards described in the DPA, including the European Commission’s standard contractual clauses and, where the recipient is certified, the EU–US Data Privacy Framework. Soma pseudonymises Session content before it is sent for inference. Customers who require that no personal data leaves the EU should contact Soma before running Sessions.

10.4 Soma will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Data, as set out in the DPA.

11. Term and termination

11.1 These Terms apply from the moment the Customer first uses the Service and continue until the Workspace is deleted or the Terms are terminated.

11.2 The Customer may terminate at any time by cancelling all subscriptions and deleting the Workspace from its settings.

11.3 Either party may terminate immediately by written notice if the other party materially breaches these Terms and, where the breach can be remedied, fails to remedy it within 30 days of notice. Soma may terminate or suspend immediately for breach of Section 8 or where required by law, may suspend for non-payment as set out in Section 5.8, and may terminate by written notice if any payment remains outstanding thirty (30) days after the due date.

11.4 Switching and data portability under the EU Data Act. In accordance with Chapter VI of Regulation (EU) 2023/2854 (the Data Act), a Customer established in the EU or EEA may at any time, on a maximum of two (2) months’ written notice, require Soma to (a) support the transfer of the Customer’s exportable data to another provider or to the Customer’s own systems, or (b) delete that data. Soma will provide reasonable assistance during the transition, will not charge switching fees, and may charge only the direct costs permitted by the Data Act during any transitional period. Exportable data means the Customer Data and Output described in Section 11.5(b), in the format described there.

11.5 Effect of termination. On termination or deletion of a Workspace:

(a) the Customer’s right to use the Service ends;

(b) on the Customer’s written request made within thirty (30) days after termination, Soma will make available for download, at no charge and in a commonly used, machine-readable format, the Workspace’s Output (reports and narratives), Context Pages, Session designs, Session transcripts and chat conversations. Transcripts and conversations are provided in pseudonymised form, without the keys that link them to individual Participants, to preserve the confidentiality that Participants are promised;

(c) within thirty (30) days after termination (or after the export in (b), if later), Soma will permanently destroy the keys and linking records that connect the Workspace’s Customer Data and Output to identifiable individuals and to the Customer, and will delete account profiles and any remaining identifiable Customer Data, except for billing records that Soma must keep under the Swedish Accounting Act (bokföringslagen) and any data Soma is legally required to retain;

(d) Anonymised Data may be retained under Section 7.3;

(e) sections that by their nature should survive (including 5 as to accrued fees, 7, 9, 11.4, 11.5, 12, 13 and 15) survive termination.

12. Warranties and disclaimers

12.1 Soma warrants that it will provide the Service with reasonable skill and care and substantially in accordance with its documentation.

12.2 Except as expressly stated in these Terms, the Service and all Output are provided “as is”. Soma does not warrant that the Service will be uninterrupted or error-free, or that Output will be accurate, complete, fit for any particular purpose, or free from bias. Output is not psychological, medical, legal, HR or other professional advice, and does not constitute a clinical or diagnostic assessment of any individual.

12.3 The Customer is responsible for its own use of Output and for decisions made in reliance on it.

13. Limitation of liability

13.1 Neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, goodwill, data (other than as caused by Soma’s breach of the DPA) or anticipated savings, however arising.

13.2 Each party’s total aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the fees paid by the Customer for the Service in the twelve months preceding the event giving rise to the claim, or SEK 10,000 if greater, unless an Order Form sets a different limit.

13.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, for breach of Section 9 (Confidentiality) by either party, for the Customer’s breach of Section 8, or for any liability that cannot be limited under Swedish law.

14. Indemnities

14.1 The Customer will defend and indemnify Soma against third-party claims arising from Customer Data, from the Customer’s breach of Section 6 or 8, or from the Customer’s use of Output in breach of applicable law.

14.2 Soma will defend and indemnify the Customer against third-party claims that the Service, as provided by Soma and used in accordance with these Terms, infringes a third party’s intellectual property rights in the EU, provided the Customer notifies Soma promptly and gives Soma control of the defence. This does not apply to claims arising from Customer Data or from combination with products not supplied by Soma. Soma may, at its option, modify or replace the Service to avoid infringement or terminate the affected subscription and refund prepaid fees for the remaining period.

15. General

15.1 Changes to these Terms. Soma may update these Terms. For material changes, Soma will notify Workspace Owners by email or in the Service at least 30 days before the change takes effect. Continued use after that date is acceptance. If the Customer does not accept a material change it may terminate before the change takes effect and receive a pro-rata refund of prepaid fees for the remaining period.

15.2 Notices. Notices to Soma must be sent to support@soma.fyi. Notices to the Customer are sent to the Workspace Owner’s registered email address.

15.3 Assignment. The Customer may not assign these Terms without Soma’s written consent. Soma may assign these Terms to an affiliate or a successor in a merger, acquisition or sale of substantially all its assets, on notice to the Customer.

15.4 Publicity. Soma may identify the Customer by name and logo as a customer in its marketing unless the Customer opts out by email.

15.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of third-party AI providers, cloud infrastructure or payment providers, provided it uses reasonable efforts to mitigate.

15.6 Entire agreement; severability; waiver. These Terms (including the documents referred to in Section 1) are the entire agreement between the parties on their subject matter. If any provision is held invalid, it will be modified to the minimum extent necessary and the rest remains in force. A failure to enforce a right is not a waiver.

15.7 Language. These Terms are written in English. Any translation is for convenience only and the English version prevails.

15.8 Governing law and disputes. These Terms are governed by the laws of Sweden, excluding its conflict-of-law rules. The parties will first try to resolve any dispute through good-faith negotiation. If a dispute is not resolved within thirty (30) days of either party’s written notice of it, it will be settled by the Swedish courts, with Stockholm District Court (Stockholms tingsrätt) as the court of first instance, unless an Order Form provides for arbitration.

Contact

If you have any questions about these Terms or the Service, you can contact us by email at support@soma.fyi.