Terms of Service

1. Scope

These Terms of Service ("Terms") govern the use of the Nolen platform (the "Service") provided by MyData AG, Bern, Switzerland ("Nolen", "we"). The Service is offered exclusively to businesses and other entities acting in a professional capacity, not to consumers. Deviating general terms of the customer do not apply, even if we do not expressly object to them. Individual agreements in an order form take precedence over these Terms.

2. The Service

Nolen provides an AI-powered business assistant for small and medium-sized enterprises. The Service gives customers access to AI capabilities through a hosted platform and, where agreed, through integrations with the customer's own tools. Platform data is hosted in Switzerland by default; a self-hosted or on-premises deployment can be agreed separately. The specific scope of the Service follows from the order form and the service description valid at the time of contract conclusion.

3. Accounts and workspaces

To use the Service, a workspace is set up for the customer. The customer manages the users within its workspace, ensures that access credentials are kept confidential, and is responsible for activities carried out through its user accounts. The customer will notify us without undue delay of any suspected unauthorised use.

4. Early access and trials

We may provide the Service or individual features free of charge for evaluation purposes ("trial" or "early access"). Trial access ends automatically at the end of the agreed period and does not convert into a paid subscription unless agreed. During trials and early access, the Service is provided as is and as available, without any commitment regarding availability or data retention. We recommend not relying on trial workspaces for production data.

5. Rights of use

The customer receives a non-exclusive, non-transferable right to use the Service for its internal business purposes for the duration of the contract. The customer may not resell or sublicense the Service, reverse engineer it except where mandatory law permits, or conduct penetration tests or load tests without our prior written consent. All intellectual property in the Service remains with Nolen or its licensors.

6. Availability and maintenance

We operate the Service with commercially reasonable care and aim for high availability. Downtime caused by scheduled maintenance (announced in advance where feasible), force majeure, or circumstances outside our control does not count as unavailability. Specific availability commitments, if any, are set out in the order form.

7. Customer content

All content the customer or its users submit to the Service ("Customer Content") remains the property of the customer. The customer grants Nolen the non-exclusive right to process Customer Content solely to the extent necessary to provide the Service. Nolen does not use Customer Content to train AI models. The customer is responsible for ensuring that its Customer Content and its use of the Service do not violate applicable law or third-party rights, and will indemnify Nolen against third-party claims arising from a breach of this obligation.

8. AI outputs

The Service generates outputs using AI models, including models operated by third-party providers. AI outputs are generated probabilistically and may be inaccurate, incomplete or unsuitable for a particular purpose despite careful engineering. The customer must review outputs before relying on them, in particular for legally or financially significant decisions. Nolen does not warrant the accuracy, completeness or fitness for purpose of AI outputs. Usage policies of the respective model providers may additionally apply and will be made available to the customer.

9. Acceptable use

The customer may not use the Service:

• for unlawful purposes or to process unlawful content,
• to operate or control safety-critical systems where a failure could lead to death, personal injury or severe damage,
• for practices prohibited under applicable AI regulation, including prohibited practices under the EU AI Act where it applies,
• in a way that disrupts or compromises the Service, circumvents usage limits, or infringes the rights of third parties.

We may temporarily suspend access if there are concrete indications of a serious breach of these Terms or if suspension is necessary to protect the Service, other customers or third parties. We will inform the customer and lift the suspension once the reason no longer applies.

10. Fees and payment

Fees are set out in the order form. Unless agreed otherwise, fees are payable in advance for the respective subscription period and invoices are due within 30 days. We may adjust list prices with effect from the next renewal; the customer will be informed at least four weeks before renewal and may terminate the contract as of the end of the current period if it does not accept the adjustment.

11. Warranty

We will remedy defects in the Service within a reasonable time after notification. If we fail to remedy a material defect within a reasonable grace period, the customer may reduce the fees proportionally or terminate the contract for cause. Any further warranty is excluded to the extent permitted by law; sections 8 (AI outputs) and 12 (Liability) remain unaffected.

12. Liability

Nolen is liable without limitation for damage caused intentionally or by gross negligence and in cases of mandatory statutory liability. In all other cases, Nolen's aggregate liability per contract year is limited to the fees paid by the customer for the Service in the twelve months preceding the event giving rise to the claim, and liability for indirect and consequential damage, lost profit and loss of data (to the extent not caused by a breach of our data protection obligations) is excluded. Nolen is not liable for services operated by third parties, including third-party AI models and integrations, beyond the careful selection of these providers.

13. Term and termination

The contract runs for the subscription period agreed in the order form and renews automatically for the same period unless terminated with at least 30 days' notice before the end of the current period, or unless the order form provides otherwise. The right to terminate for cause remains unaffected. Upon termination, the customer may export its Customer Content; deletion after termination is governed by the Data Processing Agreement.

14. Data protection

Where Nolen processes personal data on behalf of the customer, the Data Processing Agreement forms an integral part of the contract. Our Privacy Policy describes the processing for which Nolen is itself responsible.

15. Confidentiality

Each party will keep confidential all non-public information of the other party obtained in connection with the contract, use it only for the performance of the contract, and protect it with reasonable care. This obligation survives the end of the contract.

16. Changes to these Terms

We may amend these Terms with effect for the future, in particular to reflect legal, technical or functional changes. We will notify the customer of amendments at least four weeks before they take effect. If the customer does not object before the effective date, the amended Terms apply; we will point this out in the notification. Amendments that materially reduce the agreed core services or increase agreed fees require the customer's express consent.

17. Final provisions

If individual provisions of these Terms are invalid, the remaining provisions remain unaffected. These Terms are governed by Swiss substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Bern, Switzerland.

Questions about these Terms: [email protected].