1. Scope and Changes

1.1. Relationship. These general terms and conditions (hereinafter referred to as «GTC») regulate the contractual relationship between AlpineAI AG, Obere Strasse 22b, 7270 Davos, Switzerland (hereinafter referred to as «AlpineAI»), and you as our customer (hereinafter referred to as «Customer») for the use of the SwissGPT platform provided by us.

1.2. Deviations. If the parties make agreements that deviate from these GTC, such agreements take precedence over the provisions of these GTC. Deviating agreements must be in written form and signed by both parties to be effective.

1.3. Modifications. AlpineAI reserves the right to modify these GTC for ongoing contractual relationships if such changes become necessary due to changes in the law, supreme court decisions, as well as market or business conditions. In this case, AlpineAI will inform the Customer of the planned changes by email, with the email containing or linking the updated GTC. The Customer may object to the new GTC within 14 days of receipt of the email. If the Customer does not object within this period, the changes are deemed to have been accepted. Should the Customer object, AlpineAI is entitled to terminate the contract prematurely.

2. Service Description

2.1. SwissGPT Platform. AlpineAI provides the Customer with access to the SwissGPT platform, a Large Language Model (LLM)-based solution designed to automate and optimize business processes through intelligent language interactions and data processing. The platform offers a user-friendly interface, available in both English and German, and can be integrated into existing business systems through APIs. The platform is hosted in Switzerland, making it particularly suitable for organizations handling critical information. The SwissGPT is delivered as a cloud solution, and may be complemented by desktop or mobile apps depending on the package agreed upon between the Customer and AlpineAI.

2.2. Pilot Functionality. AlpineAI may provide the Customer with access to a pilot functionality for a limited period («Pilot Period»). The Customer may choose whether to try the pilot functionality or not. No additional fees will apply during the Pilot Period regarding the pilot functionality. After the Pilot Period, the Customer can choose to purchase the additional functionality at the applicable price. If the Customer decides not to purchase it, AlpineAI will withdraw access to this additional functionality.

2.3. New functionality and major changes. AlpineAI will maintain and extend the SwissGPT platform on an ongoing basis. Maintenance and minor changes are included in the platform fees. New functionality and other major changes may be subject to additional fees. In such cases, AlpineAI will provide a functionality description and a price upfront. The Customer can choose to purchase the additional functionality or remain with their initial package.

2.4. Non-Medical Use Disclaimer. The Customer acknowledges and agrees that the SwissGPT platform is not designed or intended to provide medical advice, diagnosis, treatment, or any form of healthcare guidance. SwissGPT should be used solely to enhance business efficiency through intelligent language processing and reduce administrative tasks. Any information generated by the platform should not be relied upon for medical decision-making or as a substitute for professional healthcare advice. The Customer is solely responsible for ensuring that the use of SwissGPT complies with any industry-specific regulations, including those related to medical and healthcare services.

3. Term and Termination

3.1. Self-registration. The Customer can purchase the service based on standard offerings available on our website via self-registration. In this case, the duration and the renewal terms stated in the offer apply.

3.2. Special offers. The Customer may also accept a special offer provided directly. In such cases, the duration and the renewal terms specified in the special offer apply.

3.3. Default renewal term. If no renewal terms are explicitly specified, the default licensing period is 12 months, and it will automatically renew on an annual basis unless one of the parties cancels the subscription at least thirty (30) days before the renewal date using automatic means in the SwissGPT platform (if made available to the Customer) or by contacting AlpineAI customer support via email.

3.4. Payment. The Customer is obliged to pay the applicable fees using payment methods provided by AlpineAI. These methods may include credit card payments, invoices, bank transfers, or similar. If payment is not made at registration (e.g., via credit card), the Customer must pay the applicable fees within fourteen (14) days after receiving the invoice. If the Customer fails to do so, AlpineAI is entitled to suspend the service until the fees are paid. This does not relieve the Customer from paying the fees for the entire period.

3.5. Termination for cause. Early termination is only permitted for good cause. Good cause exists particularly when one party violates essential obligations under this agreement. Service unavailability within the agreed Service Level Agreement (SLA) is explicitly not considered good cause.

4. Customer Obligations

4.1. Access. The Customer is responsible for ensuring they have internet access to use the SwissGPT platform.

4.2. Use. The Customer may only use the SwissGPT platform for business purposes. The service must not be used for illegal or immoral activities, transactions, or purposes that violate intellectual property rights, applicable laws and regulations, or individual rights. Swiss law, as well as the law of the Customer’s country, will be applied to assess any illegality. Other relevant laws may also apply.

4.3. Contribution. The Customer is obliged to provide AlpineAI with all necessary information and data, including but not limited to the contact and billing information, to enable the proper provision of the service.

5. Data Protection

5.1. Roles and Responsibilities. The Customer is the «Controller» within the meaning of Article 4(7) GDPR and Article 5(j) of the Swiss Federal Act on Data Protection (FADP). AlpineAI acts as the «Processor» within the meaning of Article 4(8) GDPR and Article 5(k) FADP, processing personal data on behalf of the Customer. Both parties agree to comply with applicable data protection laws, including the GDPR and the FADP, in all data processing activities under this agreement.

5.2. Processing Purpose and Scope. AlpineAI processes personal data solely for the purpose of providing the SwissGPT platform and related services as outlined in this contract. Processing includes storage, analysis, and transfer of data within the scope necessary for platform operation, customer support, and platform improvements.

5.3. Types of Data and Data Subjects. The types of personal data processed may include names, contact details, interaction data, and other data uploaded or generated by the Customer’s use of the SwissGPT platform. The categories of data subjects include employees, contractors, and clients of the Customer, or other individuals whose data the Customer processes via the platform.

5.4. Data Processing Location. All personal data in SwissGPT platform is processed and stored exclusively on servers located in Switzerland. Administrative data (e.g. email communication with the customer, accounting) may be processed with subprocessors outside of Switzerland. In these cases, AlpineAI ensures that adequate legal, data protection and information security measures are taken.

5.5. Sub-processors. AlpineAI may engage third-party sub-processors for certain data processing activities. A list of approved sub-processors is available upon request. AlpineAI ensures that any sub-processors are bound by equivalent data protection obligations as outlined in this agreement.

5.6. Security Measures. AlpineAI implements appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of personal data, in accordance with Article 32 GDPR and Articles 7 and 8 of the FADP. These measures include encryption, access control, regular security audits, and secure data transmission methods.

5.7. Data Subject Rights. The Customer is responsible for responding to any data subject rights requests under GDPR or FADP, including requests for access, rectification, deletion, or data portability. AlpineAI will assist the Customer in fulfilling these obligations to the extent necessary and required by law.

5.8. Data Breach Notification. In the event of a personal data breach, AlpineAI will notify the Customer without undue delay and provide all necessary information to support the Customer’s obligations to report the breach to supervisory authorities and affected data subjects, as required by GDPR Article 33 and the FADP Article 24.

5.9. Data Retention and Deletion. AlpineAI retains personal data only for as long as necessary to fulfill its contractual obligations or as required by applicable law. Upon termination of the contract, AlpineAI will delete or return all personal data, unless further retention is required by law.

5.10. Audits. The Customer may, at their own expense and with reasonable notice, audit AlpineAI’s data processing activities to ensure compliance with this section and applicable data protection laws. However, if AlpineAI provides standard customer documentation that sufficiently demonstrates compliance and is aimed at reducing cumulative auditing efforts, the Customer may only request an audit if this documentation is deemed insufficient. Should an audit still be required, it shall not disrupt AlpineAI’s business operations and must be conducted in a manner that protects the confidentiality and security of other customers› data.

5.11. Liability. AlpineAI is liable for breaches caused by its sub-processors. The overall AlpineAI’s liability with regard to data protection breaches is limited to the extent described in Section «Liabilities» of these GTC.

5.12. Amendments. Any changes to data processing requirements imposed by law or regulators will be incorporated into these GTC if required, and AlpineAI will inform the Customer of any necessary amendments.

6. Service Level Agreement (SLA) 

6.1 SLA. AlpineAI guarantees 99% service availability during the licensing period. Temporary unavailability may occur during planned or urgent maintenance. AlpineAI will make every effort to minimize disruptions and notify the Customer of planned maintenance windows in advance.

7. Liabilities

7.1. General Liability. AlpineAI is fully liable for willful misconduct and gross negligence. In cases of slight negligence, AlpineAI is only liable for damages related to injury to life, body, or health, and the breach of essential contractual obligations (obligations that are crucial for the contract’s execution and that the other party can regularly rely on).

7.2. Limited Liability. For slight negligent breaches of essential contractual obligations, AlpineAI’s liability is limited to the fees paid by the Customer within the twelve (12) months prior to the event.

7.3. Customer Errors. AlpineAI assumes no liability for errors made by the Customer when entering information.

7.4. LLM Errors. AlpineAI assumes no liability for errors made by the underlying Large Language Models (LLMs) when responding to the Customer’s inquiries.

7.5. Improper Use. AlpineAI assumes no liability for the Customer’s use of the service that violates applicable laws, individual rights, or other types of improper use.

7.6. Exclusion of Other Liabilities. All other liabilities of AlpineAI are explicitly excluded.

7.7. Representatives and Agents. The above limitations also apply to AlpineAI’s legal representatives and agents.

8. Final Provisions

8.1. Governing Law. Swiss law applies exclusively to the contractual relationship, excluding the UN Convention on Contracts (CISG).

8.2. Severability. Should any provisions of these GTC, including this clause, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions will be replaced by the relevant statutory regulations.

8.3. Jurisdiction. The place of jurisdiction for all disputes arising from and in connection with contracts that include these GTC is Zurich, Switzerland.