Terms of Service

1. Service Overview

Our IntuiData platform offers a suite of tools driven by artificial intelligence to help our customers perform exploratory data analysis and train machine learning models easily and efficiently.

2. Eligibility

You must be at least the age of majority in your jurisdiction or 18 years old—whichever is higher. By agreeing to these Terms, you represent and warrant that:

• you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher;
• you have not previously been suspended or removed from the Service; and
• your registration and use of the Service complies with all applicable laws and regulations.

If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents that they have authority to bind you to these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When registering, you may be required to provide personal information (such as your name and email address) and to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, please notify us immediately at info@swissllm.ch.

4. General Payment Terms

Certain features of the Service may require payment of fees. Before you pay any fees, you will have the opportunity to review and accept the applicable fees. Unless otherwise provided in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this section are subject to any terms set forth in an applicable Order Form.

4.1 Price

SwissLLM reserves the right to determine pricing for the Service. We will make reasonable efforts to keep published pricing information up to date on the Service. We encourage you to check our pricing page periodically for current pricing information. SwissLLM may change fees for any feature of the Service (including additional fees or charges) if we give you advance notice via the Service interface, a pop-up notice, email, or other reasonable means. Your continued use of the Service after any price change constitutes your agreement to pay the new amount. You are responsible for all taxes associated with the Service, except for taxes based on SwissLLM's net income. SwissLLM may offer promotional offers with different features and pricing to certain customers; such promotions will not apply to your account unless explicitly provided.

4.2 Payment Processing

Notwithstanding any amounts owed under these Terms, SwissLLM DOES NOT DIRECTLY PROCESS PAYMENT FOR THE SERVICE. To facilitate payments via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. The payment processing services provided by Stripe are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, you also agree to be bound by the Stripe Agreements. You authorize Stripe to continue billing your specified payment method even if it expires, to avoid any interruption in service. Please contact Stripe for more information. SwissLLM assumes no liability for any payments made through the Service.

4.3 Subscription Service

The Service may include subscription-based plans with automatically recurring payments ("Subscription Service"). The "Subscription Billing Date" is the date you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the chosen period (the "Initial Subscription Period"), automatically renewing for successive periods of the same duration (each, a "Subscription Period") unless you cancel or we terminate the Subscription Service. By activating a Subscription Service, you authorize SwissLLM or its third-party payment processor to periodically charge all accrued sums until cancellation. Your account will be charged automatically on the Subscription Billing Date and on each renewal date for the applicable fees and taxes. You must cancel your Subscription Service before the renewal date to avoid additional charges. Cancellation can be completed using the cancellation functionality in your billing menu or by contacting us at info@swissllm.ch. Cancellation must be received before the renewal date to prevent charges for the next Subscription Period.

4.4 Delinquent Accounts

SwissLLM may suspend or terminate access to the Service for any account with unpaid amounts. In addition to any outstanding fees, a delinquent account may incur additional charges related to collection or chargebacks. If your payment method is invalid when a renewal fee is due, SwissLLM reserves the right to delete your account and its associated information without liability.

5. Licenses

5.1 Limited License

Subject to your complete and ongoing compliance with these Terms, SwissLLM grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service.

5.2 License Restrictions

Except as prohibited by applicable law, you may not:

• reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service;
• modify the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Service (except where legally prohibited);
• provide SwissLLM with data that is sensitive or subject to specific legal protections beyond those applicable to "personal information";
• send or store material containing harmful software or code through the Service;
• use any automated process (e.g., spider, crawler, scraper) to monitor, extract, copy, or collect data from the Service;
• remove any proprietary notices on the Service;
• interfere with or circumvent any security or access control mechanisms of the Service; or
• otherwise use the Service in any manner not expressly permitted herein.

5.3 Feedback

We appreciate your suggestions and comments ("Feedback"). If you provide Feedback regarding the Service, you hereby grant SwissLLM an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use such Feedback for any purpose, including improvements to the Service or other products. SwissLLM is not obligated to attribute any Feedback provided.

6. Ownership; Proprietary Rights

6.1 Rights to the Service and Materials

SwissLLM retains all right, title, and interest in and to the Service. The visual interfaces, graphics, design, code (including source and object code), products, software, and all other elements of the Service (collectively, the "Materials") are protected by intellectual property laws. All Materials are the property of SwissLLM or its licensors. Except as expressly authorized, you may not use any Materials without SwissLLM's prior written consent.

6.2 Suggestions

The Service may generate code, outputs, or other functions based on your input ("Suggestions"). SwissLLM assigns to you all rights in any Suggestions generated for you. However, you acknowledge that Suggestions are generated by machine learning and may be similar to those provided to other customers. No rights to Suggestions provided to other customers are granted under these Terms. You agree that you are solely responsible for evaluating any Suggestions and that they are provided "as is" without warranties of any kind.

7. Customer and Usage Data

7.1 Customer Data

Any data, text, or works of authorship (including source code) that you submit or upload ("Customer Data") to the Service is used solely to provide the service to you. We do not use your Customer Data for any other purposes.

7.2 Usage Data

SwissLLM may collect and analyze performance, analytical, or usage data ("Usage Data") related to your access or use of the Service. Usage Data does not include Customer Data and is used only to provide, monitor, and improve the Service. SwissLLM may also aggregate and anonymize Usage Data for further analysis.

8. Third-Party Software

The Service may include third-party software components that are generally available under open licenses ("Third-Party Components"). Nothing in these Terms prevents you from obtaining or using Third-Party Components under the terms of their respective licenses.

9. Communications; Email

We may send you emails about our products, services, and third-party offers. You may opt out of promotional emails by following the unsubscribe instructions provided in the emails or by contacting us at info@swissllm.ch.

10. Modification of Terms

SwissLLM may modify these Terms from time to time. Please check these Terms periodically for changes. Material modifications will be indicated by an updated "Last updated" date and by posting the updated Terms on info@swissllm.ch/terms-of-service. Your continued use of the Service after modifications constitutes your acceptance of the new Terms. If you do not agree with the modified Terms, you should discontinue using the Service.

11. Term, Termination, and Modification of the Service

11.1 Term

These Terms are effective when you first accept or use the Service and will continue until terminated by either party, or until no Order Form remains in effect (if applicable).

11.2 Termination

If you violate any provision of these Terms, your right to access the Service will automatically terminate. SwissLLM may also suspend or terminate your account or access to the Service at any time, with or without notice, and without liability. For free or trial accounts, termination is effected by deleting your account. For paid subscriptions, termination is only possible after the current subscription period has ended, upon receiving your cancellation notice.

11.3 Effect of Termination

Upon termination:

• your license to use the Service terminates, and you must cease all use;
• you will no longer have access to your account or the Service;
• you must pay any outstanding fees; and
• sections regarding Feedback, Ownership, Termination, Indemnity, Disclaimers, Limitation of Liability, Dispute Resolution, and Miscellaneous shall survive.

You are responsible for retaining copies of any content you have uploaded, as termination may result in loss of access.

11.4 Modification of the Service

SwissLLM reserves the right to modify or discontinue any portion of the Service at any time, temporarily or permanently, without notice. SwissLLM will not be liable for any changes, suspension, or discontinuation of features, including paid functionalities. It is recommended that you retain copies of any data you upload to the Service.

12. Indemnity

To the fullest extent permitted by law, you agree to defend and indemnify SwissLLM, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use or misuse of the Service, violation of these Terms, or infringement of any third-party rights.

13. Disclaimers; No Warranties

13.1 "As Is" Provision

THE SERVICE AND ALL MATERIALS, INCLUDING SUGGESTIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE." SWISSLLM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. SWISSLLM DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS.

13.2 No Reliance on Advice

No advice or information, whether oral or written, obtained through the Service or from SwissLLM or its affiliates shall create any warranty not expressly stated in these Terms. SwissLLM is not liable for any damage resulting from your use of the Service.

13.3 Scope of Disclaimers

The limitations and disclaimers in this section apply to the fullest extent permitted by law. SwissLLM does not disclaim any warranty or right that cannot be disclaimed under applicable law.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, SWISSLLM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS OR GOODWILL) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Aggregate Liability

THE AGGREGATE LIABILITY OF SWISSLLM TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF:

• THE AMOUNT YOU HAVE PAID FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE CLAIM; OR
• CHF 100.

14.3 Essential Allocation of Risk

Each provision regarding limitations of liability is intended to allocate risk between the parties as an essential element of the bargain. These provisions are independent and will apply even if any limited remedy fails.

15. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

15.1 Agreement to Arbitrate

Any dispute or claim arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration in accordance with this Arbitration Agreement. BY ACCEPTING THESE TERMS, BOTH YOU AND SWISSLLM WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

15.2 Individual Claims Only

You and SwissLLM agree to bring claims solely on an individual basis and not as a plaintiff or class member in any class or representative proceeding, unless both parties agree otherwise.

15.3 Pre-Arbitration Dispute Resolution

We encourage you to contact our customer support at info@swissllm.ch to resolve any disputes amicably. If the issue is not resolved within sixty (60) calendar days after written notice (sent via registered mail), either party may commence arbitration.

15.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the Swiss Rules of International Arbitration (or another mutually agreed-upon arbitration body) and the provisions set forth in these Terms. All issues, including the scope, enforceability, and arbitrability of this Arbitration Agreement, shall be decided by the arbitrator. Any arbitration hearing shall be held in Zurich, Switzerland, unless the parties agree otherwise.

15.5 Costs of Arbitration

The costs associated with arbitration, including filing and administrative fees, will be allocated as provided under the applicable arbitration rules. If not allocated by such rules, SwissLLM and you shall share these fees equally. If you can demonstrate economic hardship, the arbitrator may adjust your share accordingly. Attorneys' fees will be governed by the arbitration rules.

15.6 Confidentiality

All aspects of the arbitration proceedings, including any decisions or awards, shall be kept strictly confidential.

15.7 Severability

If any term of this Arbitration Agreement is found invalid or unenforceable, the parties agree to replace it with a valid term that most nearly reflects the parties' original intent, and the remainder of the Agreement will remain in full force.

15.8 Future Changes

Should SwissLLM change this Arbitration Agreement (except for changes to the Notice Address) while you are a user, you may reject any such change by notifying SwissLLM in writing within thirty (30) calendar days of the change. In rejecting the change, you agree that any dispute will be governed by the Arbitration Agreement as of the date you first accepted these Terms.

16. Miscellaneous

16.1 General Terms

These Terms, together with our Privacy Policy and any other documents expressly incorporated herein, constitute the entire agreement between you and SwissLLM regarding your use of the Service. You may not assign or transfer these Terms without our prior written consent, while we may assign these Terms at our discretion. Failure to enforce any provision shall not affect our right to enforce it in the future. Section headers are for convenience only and do not affect interpretation. The word "including" means "including but not limited to." If any part of these Terms is held invalid, the remainder shall continue in full force and effect.

16.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the courts located in Zurich, Switzerland.

16.3 Privacy Policy

Please review the SwissLLM Privacy Policy available at info@swissllm.ch/privacy for details on our collection, use, storage, and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into these Terms.

16.4 Consent to Electronic Communications

By using the Service, you consent to receive certain electronic communications from us as described in our Privacy Policy. Electronic communications from us will satisfy any legal communication requirements.

16.5 Contact Information

You may contact us by mailing correspondence to our registered office or by emailing us at info@swissllm.ch.

16.7 No Support Obligation

We are not obligated to provide support for the Service. When available, support will be subject to our published support policies.