Terms of Service

These Terms apply to contracts for the SWAI Chatbot Creator between the customer and the following provider:

Deviating or additional terms apply only if SWAI has expressly accepted them. Individually agreed terms and any data processing agreement take precedence over these Terms in the event of a conflict.

Submitting the registration is an offer to open an account. The free service contract is concluded when SWAI confirms or activates the account. The Terms displayed during registration form part of that contract.

A paid subscription is concluded only when an authorised person confirms the plan, total price, term and these Terms in the checkout, submits the order carrying an obligation to pay, and SWAI or the payment provider confirms the conclusion electronically.

Anyone who opens an account, enters into a subscription or invites members on behalf of an organisation confirms that they are authorised to do so. The organisation is responsible for the actions of its account holders and members.

In particular, the service enables customers to:

• create, configure and test AI chatbots and embed them on authorised websites;
• process FAQs, documents and expressly selected public web pages as knowledge sources;
• review conversations and usage metrics and manage organisation members.

Registration generally includes 14 days of free trial access subject to the displayed limits. No credit card is required, the trial ends automatically and it does not automatically become a paid plan. A paid plan is required for live website embedding.

The scope of service, usage limits, billing period and total price including any applicable taxes are displayed before an order and recorded in the confirmation. If information conflicts, the checkout details apply to the specific order.

Paid plans are billed monthly in advance and renew for another month until cancelled. Customers may cancel by the end of the current billing period through the billing management provided. Cancellation takes effect at the end of that period, and access remains available until then.

Payments are due through the payment provider offered at checkout. If a payment fails, SWAI may restrict or suspend access after reasonable notice. Mandatory statutory rights remain unaffected.

Price changes for a future renewal period will be notified at least 30 days in advance. The customer may cancel before the change takes effect. Where mandatory law requires express consent, the change takes effect only after that consent.

Current plans and prices

One-off message allowances apply only to the current billing period stated at checkout, are used in accordance with the process described in the product, and do not carry over to the next period. Refunds are made only where expressly promised or required by mandatory law, including a consumer's right of withdrawal.

In particular, the customer must:

• provide accurate contact details, protect login credentials and grant access only to authorised persons;
• provide only content, websites and personal data whose use and processing is lawful and for which all required rights, notices and consents are in place;
• not introduce unlawful, infringing, misleading or harmful content or malicious code, or circumvent security or usage limits;
• appropriately inform visitors to an embedded chatbot about its operator, the use of AI and data processing, and provide any necessary human review;
• not resell, copy or reverse engineer the service without permission or use it in a way that adversely affects systems or other users, unless mandatory law permits this.

The customer retains all rights in customer content. For the contract term, the customer grants SWAI the non-exclusive, worldwide rights to store, reproduce, technically adapt and transmit that content to contracted service providers to the extent necessary to provide, secure and support the service.

• AI output is generated automatically and may be incomplete, inaccurate or unsuitable. SWAI does not guarantee factual accuracy or a particular result.
• The customer must appropriately review output before using it for business, legal, medical, financial or other significant purposes and must not use the service as the sole basis for decisions that have legal or similarly significant effects on individuals.
• The customer remains responsible for the chatbot's configuration, knowledge sources, publication and use, and for communications to its own end users.

SWAI operates the service with reasonable care but does not promise uninterrupted or error-free availability. Maintenance, security measures and events outside SWAI's reasonable control may temporarily affect the service.

SWAI may adapt the service for security, legal, technical or development reasons. Material adverse changes to a paid core feature will be announced in advance where possible. Statutory warranty, price reduction and termination rights remain unaffected.

SWAI may temporarily suspend access to the extent necessary where there are reasonable grounds to suspect a material breach of contract or law, a security risk or overdue payment. Where reasonably possible, SWAI will provide prior notice and an opportunity to remedy the issue.

Access ends when the contract ends. The customer is responsible for exporting required data beforehand. SWAI may then delete remaining customer content unless statutory retention duties or legitimate evidence-preservation interests require otherwise.

SWAI and its licensors retain all rights in the service, software, design, trademarks, documentation and supplied templates. For the contract term, the customer receives a non-exclusive, non-transferable right to use the service for its own purposes within the agreed scope.

The parties comply with applicable data protection law. Where SWAI processes personal data on a customer's behalf, the parties will enter into a data processing agreement where required. The customer remains responsible for instructions, legal bases and information provided to data subjects.

Further information is available in our Privacy Policy.

SWAI has unlimited liability where liability is mandatory, including for damage caused intentionally or through gross negligence, personal injury and fraudulently concealed defects. Mandatory warranty and consumer rights remain unaffected.

Otherwise and to the extent permitted by law, SWAI is liable for slight negligence only for a breach of essential contractual obligations and only for direct loss that was foreseeable and typical for the contract. Liability for indirect or consequential loss, loss of profit, unlawful customer content or unreviewed use of AI output is excluded to the extent permitted by law.

For business customers, liability for slight negligence is additionally limited to the fees paid to SWAI during the twelve months preceding the event giving rise to the claim. This cap does not apply where mandatory law provides otherwise.

Consumers habitually resident in the EU or EEA may withdraw from an online service contract within 14 days from its conclusion without giving any reason. Any broader mandatory national right of withdrawal remains unaffected. No fee is charged for withdrawing from free trial access.

To exercise the right, send an unequivocal statement before the deadline by email to info@swai-solutions.ch or by post to SWAI Solutions GmbH, Wiedingstrasse 97, 8045 Zurich, Switzerland. SWAI will reimburse amounts due no later than 14 days after receiving the withdrawal, using the same means of payment unless otherwise agreed.

If the consumer expressly requests that a paid service begin during the withdrawal period and then withdraws, the consumer must pay a proportionate amount for the service supplied up to that point. The right expires upon full performance before the deadline only where the legally required express consent and acknowledgement were given.

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The competent courts at SWAI's registered office in Zurich have exclusive jurisdiction over disputes with business customers.

For consumers, this choice of law does not remove the protection of mandatory provisions of the country of their habitual residence. Mandatory statutory venues and the right to bring proceedings before a competent court at the consumer's place of residence also remain unaffected.

SWAI may amend these Terms prospectively for an objective reason. Material changes will be notified at least 30 days before they take effect. The customer may end the contract before that date. Express consent will be obtained where legally required, and changes do not apply retroactively.