Terms and Conditions (T&Cs)

Effective May 25, 2026

1. subject matter of the contract

1.1. Scope of Application. These General Terms and Conditions (hereinafter referred to as “GTC”) govern 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”) regarding the use of the AlpineAI Platform provided by us.

1.2. Deviations. If the parties enter into agreements that deviate from these GTC, these agreements shall take precedence over the provisions of these GTC. To be valid, deviating agreements must be in writing and signed by both parties, or concluded via the AlpineAI self-service portal, or communicated by email as part of the license acquisition process.

2. Service description

2.1. AlpineAI Platform. AlpineAI grants the customer access to the AlpineAI Platform, a solution based on a Large Language Model (LLM) designed to automate and optimize business processes through intelligent language interaction and data processing. The platform offers a user-friendly interface in German and English and can be integrated into existing business systems via APIs. It is hosted in Switzerland and is therefore particularly suitable for organizations that handle sensitive information. The AlpineAI Platform is provided as a cloud solution and, depending on the package agreed upon between the Customer and AlpineAI, can be supplemented by desktop and/or mobile apps.

2.2. Test phase. AlpineAI may grant the customer test access for a limited period of time ("test phase"). The customer can decide for themselves whether or not they wish to make use of this. No additional fees are incurred during the test phase. At the end of the test phase, the customer can decide whether they wish to purchase the platform functionality at the applicable price. If this is not the case, AlpineAI will block access.

2.3. New Features and Material Changes. AlpineAI will continuously maintain and expand the AlpineAI Platform. Maintenance and minor changes are included in the platform fees. Provided that AlpineAI does not significantly reduce the existing functionalities and features of the AlpineAI platform during the term, the platform may be subject to updates and upgrades (regular product updates, maintenance, updates based on customer feedback). Additional fees may apply for new features and significant changes. In such cases, AlpineAI will provide a feature description and a price. The customer may decide whether to purchase the additional feature or remain with the original package.

2.4. Disclaimer Regarding Medical Use. The Customer acknowledges and agrees that the AlpineAI Platform is not intended for automated diagnosis or treatment. The AlpineAI Platform is intended solely to improve the efficiency of business processes through intelligent language processing and to reduce administrative tasks. The information generated by the platform must not be used for medical decisions or as a substitute for professional medical advice. The customer is solely responsible for ensuring that the use of the AlpineAI platform complies with all industry-specific regulations, including those pertaining to medical and health-related services.

2.5. Web Search. The SwissGPT platform offers a web search feature that is included in the standard scope of services. Web search enables the integration of real-time information from the Internet to enhance the processing of user queries. Use of the web search is subject to a three-step opt-in procedure: (a) the feature must be activated for the respective instance by the administrator of the customer organization; (b) the user’s explicit consent is required before each actual web search; (c) if the system detects potentially sensitive content in the query, the user’s consent must be obtained again. The administrator can deactivate the web search for the entire instance at any time. The use of web search may be subject to the quotas specified in the respective license agreement or order (in particular, the maximum number of search queries per organization and per user within a defined period). In such a case, once the quota has been exhausted, web search will no longer be available until the next billing period, unless additional quotas are purchased. AlpineAI also reserves the right to restrict the web search functionality in whole or in part or to temporarily suspend it at any time, particularly in the event of excessive use, technical capacity constraints, or to ensure the proper operation of the platform. Such restrictions or suspensions do not give rise to any claims by the customer against AlpineAI. When using the web search, query data is transmitted to external third-party providers. The customer acknowledges that this data transmission may take place outside of AlpineAI’s infrastructure.

3. Term, termination, and payment terms

3.1. Self-registration. The customer can purchase the service based on the standard offers on our website by self-registration. In this case, the term and renewal conditions specified in the standard offer apply. Unless otherwise agreed, the license term is one (1) calendar month for monthly billing and twelve (12) months for annual billing. The subscription is automatically renewed for the same period unless it is terminated in accordance with Section 3.3.

3.2. Order (order form). The customer may also accept an order submitted by AlpineAI. In this case, the license term and billing and renewal terms specified in the order shall apply.

3.3. Ordinary Termination. Either party may terminate the subscription at any time. The termination takes effect at the end of the license term. Termination must be initiated via the AlpineAI platform (if made available to the customer) or by contacting AlpineAI customer support. Fees already paid are non-refundable.

3.4. Payment. The customer is obligated to pay the applicable fees using the payment methods provided by AlpineAI. The payment method for standard offers is by credit card. AlpineAI may offer a different method depending on the case. If payment is not made at the time of registration (e.g., by credit card), the customer must pay the applicable fees within fourteen (14) days of receiving the invoice. If the customer fails to meet this obligation, AlpineAI is entitled to suspend the service until the fees are paid. However, this does not release the customer from paying the fees for the entire period.

3.5 Termination for good cause. Premature termination is only permitted for good cause. Good cause shall be deemed to exist in particular if a party breaches material obligations under this agreement. The non-availability of the service within the agreed Service Level Agreement (SLA) is expressly not considered good cause.

4. Rights of use and intellectual property

4.1. Scope of License Rights. AlpineAI grants the Customer a non-exclusive, non-transferable right to access and use the AlpineAI Platform, the accompanying documentation, and all updates released by AlpineAI during the term of the Agreement, and to grant access thereto to Users (as defined in Section 4.2).

4.2. Definition of “User.” “User” means the employees of the Customer and the Customer’s affiliates, as well as third parties who can be identified by their name and email address and who have been granted access rights to the AlpineAI Platform.

4.3. Intellectual Property Rights in the Platform. All rights to the AlpineAI Platform, including software, algorithms, models, documentation, and trademarks, remain with AlpineAI. The Customer does not acquire any ownership rights to the Platform under these Terms and Conditions.

4.4. Intellectual Property Rights in Customer Content. Content created or generated by the Customer using the AlpineAI Platform belongs to the Customer. AlpineAI makes no claim to intellectual property rights in any documents, texts, or other content generated through the use of the Platform. Customer inputs are not fed back into the language model and are not used for its further development. The content created using the AlpineAI platform may be used by the Customer without restriction as their own work products, distributed internally, and shared externally. If the Customer uses third-party documents as input, it is their responsibility to ensure they possess the necessary rights of use for these source documents.

5. general obligations of the customer

5.1. Internet Access. The Customer is responsible for ensuring that they have internet access in order to use the AlpineAI platform.

5.2. Use. The Customer may not use the AlpineAI Platform for any illegal or immoral activities, transactions, or purposes that violate intellectual property rights, applicable laws and regulations, or the rights of others. Swiss law and the law of the Customer’s country shall govern the determination of illegality. Other relevant laws may also apply.

5.3. Cooperation. The customer is obligated to provide AlpineAI with all necessary information and data, including contact and billing information, to enable the proper provision of the service.

5.4. Age Limit for End Users. The Customer shall ensure that all end users of the AlpineAI Platform are of legal age. In the event of use by individuals under a direct contractual relationship with AlpineAI (e.g., via the self-service portal), the Customer warrants that he or she is of legal age. Use of the AlpineAI platform by minors is prohibited. AlpineAI reserves the right to request proof of age and to block access to the AlpineAI platform in the event of a violation of this provision.

5.5. Use of the Web Search. The Customer or the organization holding the license for the SwissGPT platform bears sole responsibility for ensuring that the Web Search functionality is used exclusively in accordance with all applicable laws and regulations. This includes, in particular, compliance with data protection laws, industry-specific regulations, and the Customer’s internal policies. The Customer is obligated to instruct its users on the proper and legally compliant use of the web search and to take appropriate organizational measures to prevent misuse.

5.6. Copyright and Third-Party Rights in Search Results. The Customer is solely responsible for the use of content retrieved via the web search. This includes, in particular, compliance with copyrights, trademark rights, personality rights, and other third-party rights in the retrieved content. The Customer shall ensure that it possesses the necessary rights of use before reusing, distributing, or publishing third-party content retrieved via the web search.

6. consents, legal bases and exemption

6.1. Legal Basis. The Customer warrants that, prior to entering or transmitting personal data—in particular health data as defined in Article 9 of the GDPR, or sensitive personal data as defined in Article 5(c) of the CH-DSG, or secrets as defined in Article 321 of the Swiss Criminal Code – to the AlpineAI platform, and to maintain such a basis throughout the entire term of the contract.

6.2. Proof and documentation. The customer shall document the underlying consents or legal bases and provide AlpineAI with appropriate evidence upon request within five (5) business days.

6.3. Revocations & updates. The customer shall monitor revocations or restrictions of consent as well as other changes to the legal basis and shall immediately implement their effects on data processing; AlpineAI shall be informed of this without undue delay.

7. Confidentiality

7.1. Confidential Information. “Confidential Information” means all information not publicly available that one party (hereinafter the “Disclosing Party”) discloses or makes available to the other party (hereinafter the “Receiving Party”) in connection with this Agreement. This includes, in particular, trade secrets, know-how, technical information, product and platform details, algorithms, source code, business strategies, customer and supplier information, financial and pricing data, contract terms, and other commercial or organizational information. Confidential information may be transmitted in writing, electronically, orally, or in any other form. Information disclosed orally or visually shall be deemed confidential provided that, by its nature, it is customarily classified as confidential.

7.2. Confidentiality. The receiving party agrees to treat the disclosing party’s confidential information as strictly confidential and to protect it with at least the same level of care that it applies to its own confidential information, but in no event less than reasonable care. The receiving party may use confidential information exclusively for the purposes of this Agreement and may disclose it only to those employees, officers, or contracted advisors who require such information to fulfill the purpose of the Agreement and who, in turn, are subject to a confidentiality obligation of at least equal rigor.

7.3. Exceptions. The confidentiality obligation under Section 7.2 does not apply to information that:

(a) was already publicly known at the time of disclosure or becomes publicly known thereafter through no fault of the receiving party;

(b) were demonstrably already known to the receiving party prior to disclosure by the disclosing party, without any obligation of confidentiality;

(d) were developed by the receiving party independently and without reference to confidential information of the disclosing party; or

(e) must be disclosed pursuant to a legal obligation, an order from a government authority, or a court order; in such cases, the receiving party shall—to the extent permitted by law—promptly notify the disclosing party in advance of the disclosure requirement and limit the scope of the disclosure to the minimum required by law.

7.4. Term. The confidentiality obligations set forth in this Section 7 shall remain in effect throughout the term of the Agreement and for a period of three (3) years following the termination of the contractual relationship, regardless of the reason for such termination.

7.5. Return and Destruction. Upon termination of the contractual relationship or at the request of the disclosing party, the receiving party shall immediately return or destroy all confidential information, including all copies, and confirm this in writing upon request. This does not apply to copies that must be retained due to legal or regulatory requirements; the confidentiality obligations shall continue to apply to such copies.

8. Data Protection and Data Processing on Behalf of Clients

8.1. Data Processing. The processing of personal data (as defined by the GDPR) and the handling of personal data (as defined by the CH-DSG) under this Agreement are governed by the Data Processing Agreement (available at AVV – SwissGPT )

9. Service Level Agreement (SLA)

9.1. Availability. AlpineAI guarantees 99% availability during the term of the license. Temporary outages may occur during scheduled or emergency maintenance. Where possible, maintenance will be performed outside of standard business hours in Switzerland. AlpineAI will, where possible, notify the customer in advance of scheduled maintenance windows to minimize disruptions.

9.2. Reporting Errors and Malfunctions. The Customer shall report errors, malfunctions, security incidents, and other support requests exclusively through the support portal provided by AlpineAI (hereinafter the “Support Portal”). Response and processing times begin only once a ticket containing the required minimum information (description of the problem, time/sequence of events, affected users/modules, reproducible steps, any screenshots/logs) has been submitted via the Support Portal. If the Support Portal is unavailable for technical reasons, the report shall instead be submitted via email to the support contact provided by AlpineAI.

10. Liability

10.1. General Liability. AlpineAI shall be fully liable for willful misconduct and gross negligence. AlpineAI is liable for slight negligence only in cases of damage related to injury to life, limb, or health, as well as in cases of breach of material contractual obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party may reasonably rely).

10.2. Indemnification. The Customer shall indemnify and hold harmless AlpineAI, its officers, employees, and agents from and against all claims by third parties (including data subjects and government authorities), fines, damages, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising from a lack of, invalid, or no longer existing legal basis, a breach of professional confidentiality obligations, or other data protection violations by the Customer. The indemnification shall not apply to the extent that the claim is primarily based on intentional or grossly negligent conduct on the part of AlpineAI. This obligation shall survive the termination of the contract for as long as claims may be asserted.

10.3. Limited Liability. In the event of a breach of material contractual obligations due to slight negligence, AlpineAI’s liability shall be limited to the fees paid by the customer during the twelve (12) months preceding the event.

10.4. Customer Errors. AlpineAI shall not be liable for any errors made by the customer when entering information.

10.5. LLM Errors. AlpineAI assumes no liability for errors made by the underlying language models (LLMs) when responding to the customer’s requests.

10.6. Improper Use. AlpineAI shall not be liable for any use of the Service by the Customer that violates applicable law, personal rights, or constitutes any other form of improper use.

10.7. Exclusion of Further Liability. To the extent permitted by law, AlpineAI shall not be liable for indirect, incidental, or consequential damages. This includes, but is not limited to, lost profits, loss of revenue, production or operational interruptions, reimbursement of expenses, loss of data or reputation, claims by third parties, and costs associated with the restoration of data or systems. Furthermore, any other liability of AlpineAI not explicitly regulated in this section is expressly excluded to the extent permitted by law.

10.8. Representatives and Agents. The above limitations of liability also apply to the legal representatives and agents of AlpineAI.

10.9. Web Search. AlpineAI assumes no liability for any damages arising from the use of the web search functionality or the use of the content retrieved through it. This includes, in particular, but is not limited to: (a) the accuracy, completeness, timeliness, or legality of the content retrieved via the web search; (b) the availability or functionality of external search services; (c) infringements of copyrights, trademark rights, personal rights, or other third-party rights resulting from the use or further use of the search results; (d) decisions or actions taken by the customer based on information obtained through the web search. The customer acknowledges that the web search is based on services provided by external third parties over whose operation and results AlpineAI has no influence. The indemnification obligation pursuant to Section 10.2 applies accordingly to claims arising in connection with the use of the web search.

11. Final Provisions

11.1. Changes. AlpineAI reserves the right to amend these Terms and Conditions for existing contractual relationships if such changes become necessary due to changes in the law, applicable case law, or market and business conditions. In such cases, AlpineAI will notify the customer of the planned changes via email, with the email containing or linking to the updated Terms and Conditions. The customer may object to the new Terms and Conditions within 14 days of receiving the email. If the customer does not object within this period, the changes shall be deemed accepted. In the event of an objection, the parties shall then seek a mutually agreeable solution. If no agreement is reached, both parties shall have a special right of termination.

11.2. Governing Law. The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory laws applicable at the customer’s place of business or residence remain unaffected.

11.3. Severability Clause. If any provision of these Terms and Conditions, including this clause, is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by the relevant statutory provisions.

11.4. Jurisdiction. The ordinary courts in Zurich, Switzerland, shall have jurisdiction over all disputes. AlpineAI is also entitled to bring an action against the Customer at the Customer’s place of business or residence, or before any other court with jurisdiction. To the extent permitted by law, the Customer waives any objection based on the lack of international jurisdiction of the Zurich courts.