General Terms and Conditions (GTC)

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") for the use of the SwissGPT 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. In order to be effective, deviating agreements must be in writing and signed by both parties, or concluded via AlpineAI's self-service portal, or communicated by e-mail as part of the license acquisition.

 

2. service description

2.1 SwissGPT Platform. AlpineAI grants the customer access to the SwissGPT platform, a solution based on a Large Language Model (LLM) for the automation and optimization of 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 critical information. SwissGPT is provided as a cloud solution and can be complemented by desktop or mobile apps, depending on the package agreed between the customer and AlpineAI.

2.2 Pilot Functionality. AlpineAI may grant the Customer access to a pilot functionality for a limited period of time ("Pilot Phase"). The Customer may decide whether or not to test the Pilot Functionality. During the Pilot Phase, no additional fees will be charged for the Pilot Functionality. At the end of the pilot phase, the customer can decide whether he wishes to purchase the additional functionality at the applicable price. If this is not the case, AlpineAI will block access to this additional functionality.

2.3 New functionalities and significant changes. AlpineAI will continuously maintain and enhance the SwissGPT platform. Maintenance and minor changes are included in the platform fees. Additional fees may apply for new functionalities and major changes. In these cases, AlpineAI will provide a functional description and a price. The customer can decide whether to purchase the additional functionality or stay with the original package.

2.4 Disclaimer for medical purposes. The customer acknowledges and agrees that the SwissGPT platform is not intended for automated diagnosis or treatment. The SwissGPT platform is used exclusively to increase the efficiency of business processes through intelligent language processing and to reduce administrative tasks. The information generated by the platform may 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 SwissGPT complies with all industry-specific regulations, including those relating to medical and health-related services.

 

3 Term and termination

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 offer apply.

3.2 Special offers. The customer may also accept a special offer submitted directly. In this case, the term and renewal conditions specified in the special offer shall apply.

3.3 Standard Renewal Terms. Unless renewal terms are expressly stated, the standard license term is twelve (12) months and will automatically renew annually unless either party cancels the subscription at least thirty (30) days prior to the renewal date by automatic means on the SwissGPT platform (if provided to the Customer) or by contacting AlpineAI Customer Support.

3.4 Payment. The Customer is obliged to pay the fees incurred using the payment methods provided by AlpineAI. These payment methods may be credit card payment, invoice, bank transfer or similar. If payment is not made at the time of registration (e.g. by credit card), the Customer must pay the fees incurred within fourteen (14) days of receipt of the invoice. If the customer does not fulfill this obligation, AlpineAI is entitled to block the service until the fees have been 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.

 

5. general obligations of the customer

5.1 Internet access. The customer is responsible for ensuring that he has Internet access in order to be able to use the SwissGPT platform.

5.2 Use. The customer may not use the SwissGPT platform for illegal or immoral activities, transactions or purposes that violate intellectual property rights, applicable laws and regulations or individual rights. Swiss law and the law of the customer's country shall be decisive for the assessment of illegality. Other relevant laws may also be applicable.

5.3 Cooperation. The customer is obliged 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 SwissGPT Platform are of legal age. In the case of use by natural persons within the framework of a direct contractual relationship with AlpineAI (e.g.e.g. via the self-service portal), the customer assures that he himself is of legal age. Use of the SwissGPT platform by minors is not permitted. AlpineAI reserves the right to request proof of age and to block access to the SwissGPT platform if this regulation is violated.

 

6. consents, legal bases and exemption

6.1 Legal basis. The customer guarantees that before entering or transmitting personal data - in particular health data within the meaning of Art. 9 GDPR or secrets within the meaning of Art. 321 Swiss Criminal Code - to the SwissGPT platform, a valid legal basis (e.g. a legal basis in the sense of Art. 321 Swiss Criminal Code) exists.(e.g. legal authorization or effective consent) and to maintain this for the entire duration of the contract.

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

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

 

7 Data protection and commissioned data processing

The processing of personal data (in accordance with the GDPR) and the processing of personal data (in accordance with the CH-DSG) within the scope of this contract are regulated in the data processing contract (available at https://alpineai.swiss/avv/).

 

8. Service Level Agreementst (SLA)

8.1 Availability. AlpineAI guarantees an availability of 99% during the license period. Temporary unavailability may occur during planned or urgent maintenance work. Where possible, maintenance work will be carried out outside normal office hours in Switzerland. AlpineAI will inform the customer in advance of planned maintenance windows wherever possible in order to minimize disruption.

8.2 Reporting of errors and malfunctions. The customer reports errors, malfunctions, security incidents and other support requests exclusively via the support portal provided by AlpineAI (hereinafter "Support Portal"). Response and processing times only begin as soon as a ticket with the required minimum information (description of the problem, time/process, affected users/modules, traceable steps, any screenshots/logs) has been entered in the support portal. If the support portal is not accessible for technical reasons, the report will be sent by e-mail to the support contact specified by AlpineAI.

 

9. liability

9.1 General liability. AlpineAI shall be liable without limitation for intent and gross negligence. AlpineAI shall only be liable for slight negligence in the event of damage in connection with injury to life, body or health and in the event of a breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely).

9.2 Indemnification / hold harmless. The Customer shall indemnify AlpineAI, its bodies, employees and vicarious agents against all claims of third parties (including data subjects and authorities), fines, damages, costs and expenses (including reasonable legal fees and procedural costs) resulting from a missing, ineffective or no longer existing legal basis, a breach of professional secrecy obligations or other data protection violations by the Customer. The indemnification does not apply if the claim is predominantly based on intentional or grossly negligent behavior on the part of AlpineAI. This obligation applies beyond the termination of the contract as long as claims can be made.

9.3 Limited Liability. In the event of a slightly negligent breach of material contractual obligations, AlpineAI's liability shall be limited to the fees paid by the Customer in the last twelve (12) months prior to the event.

9.4 Customer errors. AlpineAI is not liable for errors made by the customer when entering information.

9.5 LLM Errors. AlpineAI accepts no liability for errors made by the underlying language models (LLMs) when responding to the customer's requests.

9.6 Misuse. AlpineAI is not liable for the use of the service by the customer that violates applicable law, personal rights or other forms of misuse.

9.7 Exclusion of further liability. To the extent permitted by law, AlpineAI shall not be liable for indirect or consequential damages. This includes, but is not limited to, loss of profit, loss of revenue, interruption of production or operations, reimbursement of expenses, loss of data or reputation, claims by third parties and costs for the recovery of data or systems. In addition, any further liability of AlpineAI not explicitly regulated in this chapter is expressly excluded to the extent permitted by law.

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

 

10. final provisions

10.1 Amendments. AlpineAI reserves the right to amend these GTC for existing contractual relationships if changes become necessary due to changes in the law, applicable case law or market and business conditions. In this case, AlpineAI will inform the Customer of the planned changes by e-mail, whereby the e-mail will contain or refer to the updated GTC. The Customer may object to the new GTC within 14 days of receipt of the e-mail. If the customer does not object within this period, the changes shall be deemed to have been accepted. In the event of an objection, the parties shall then seek an amicable solution. If no agreement is reached, both parties have a special right of termination.

10.2 Applicable law. The contractual relationship shall be governed exclusively by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory applicable law at the registered office/domicile of the customer remains unaffected.

10.3 Severability clause. Should individual provisions of these GTC, including this clause, be or become 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.

10.4 Place of jurisdiction. The ordinary courts in Zurich, Switzerland, shall have jurisdiction for all disputes. AlpineAI is also entitled to sue the customer at its registered office/domicile or before any other competent court. The customer waives, as far as legally permissible, the objection of the lack of international jurisdiction of the Zurich courts.