General Terms and Conditions (GTC) – botts.ai gmbh

(Version of 10 May 2026)

1. Contracting Parties

botts.ai gmbh, Neugasse 15, 6300 Zug, Switzerland
(hereinafter "botts.ai").

2. Definitions

Platform: The services offered under botts.ai, including user interface, API access and Custom Solutions.
Customer: Any natural or legal person who activates a plan or accepts a quote.
Self-Service: Use via standardised monthly or annual subscriptions.
Custom Solution: Individual project implementation pursuant to a quote.
API-Only: Use of the botts.ai API without UI.
AI responses: Texts, suggestions or actions generated by the platform.

3. Scope & Services

These GTC govern the use of:

• Self-Service plans (subscription model),
• Custom Solution (incl. one-off setup),
• API-Only access.

The specific scope of services and prices result from the chosen plan or the signed quote.
botts.ai reserves the right to further develop or adapt services and features.

4. Conclusion of Contract

• Self-Service & API-Only: The contract is concluded through online registration and activation.
• Custom Solution: The contract is concluded through written acceptance of a quote.

botts.ai reserves the right to refuse registrations without giving reasons.

5. Payment Terms & Suspension

• Subscriptions are payable in advance, monthly or annually.
• One-off setup fees for Custom Solutions are due as per the quote.
• All prices are in CHF, exclusive of VAT.
• In case of late payment, access to the platform may be temporarily suspended.
• Further claims (e.g. default interest pursuant to OR 104) remain reserved.

6. Refund & Satisfaction Guarantee (Custom Solution only)

If the agreed functionality is not delivered despite sufficient cooperation by the customer, the customer is entitled to a refund of 80% of the setup fees up to 3 months after handover.

This guarantee does not apply if:

• requirements were materially changed afterwards, or
• the non-fulfilment is due to a lack of cooperation or unclear requirements.

7. Term & Termination

8. Service Level

All services are provided on a best-effort basis. No specific availability is guaranteed unless explicitly agreed in writing.

9. User Obligations / Acceptable Use Policy

The customer is responsible for the lawful use of the platform. The following are in particular prohibited:

• the use for unlawful, fraudulent, misleading or discriminatory content;
• the automated generation or distribution of spam, phishing, malware or disinformation;
• the creation of content that infringes the rights of third parties (in particular identity theft, unauthorised impersonation of real persons, non-consensual intimate content);
• the use for content involving minors that endangers their protection, as well as the creation of sexual or violent content involving minors;
• the use for the development or promotion of weapons, attacks on critical infrastructure or other activities with significant potential for harm;
• automated decisions with significant legal effects on natural persons without human oversight (e.g. credit decisions, dismissals, applicant selection) without appropriate safeguards;
• attempts to circumvent the platform's or its model providers' security mechanisms, rate limits or content filters;
• the resale of the platform or its outputs as a standalone service of the same type ("Reselling as a Service") without express written agreement.

Since botts.ai uses third-party models (in particular Anthropic, OpenAI and Microsoft Azure) as sub-processors, the customer is additionally bound by their respective applicable usage policies. botts.ai is entitled to suspend access to the platform with immediate effect in the event of violations.

9a. Voice and Phone Agents

Where the customer uses voice or phone agents:

• The customer is responsible for the legally compliant information and consent of callers, in particular regarding recording, transcription and processing of conversations by an AI.
• The customer ensures that the AI identity is not concealed from the caller (transparency obligation).
• Telecommunications are handled via Twilio, speech processing primarily via Microsoft Azure (Realtime models). The respective sub-processor terms apply.
• The availability of phone numbers or specific regions is not guaranteed.

10. Data & Intellectual Property

The customer receives a non-exclusive, non-transferable right of use to the platform. Source code and general system architecture remain the property of botts.ai.

11. Limitation of Liability

• botts.ai is liable only for intent and gross negligence.
• Liability for indirect damages, consequential damages or lost profits is — to the extent permitted by law — excluded.
• The maximum liability is limited to the fees paid by the customer in the last 12 months.

12. Data Protection & Order Processing

• The botts.ai privacy policy applies (https://botts.ai/privacy).
• For customers from the EU, a separate Data Processing Agreement (DPA) can be concluded upon request.
• Customer data is deleted within 30 days of termination, unless there is a statutory retention obligation.

13. AI Disclaimer

• The AI-generated content and responses of the platform are based on statistical models. They are not to be understood as legally binding advice.
• botts.ai assumes no warranty for the correctness, currentness or suitability of the content for a specific purpose.
• Beta features may be changed or discontinued at any time.

14. Changes to These GTC & Services

• botts.ai reserves the right to change these GTC or service/price structures with 30 days' notice.
• Changes are communicated by e-mail or within the platform.
• If the customer does not object before the entry into force, the changes are deemed accepted.
• In the event of an objection, botts.ai may terminate the contractual relationship.

15. Final Provisions

• Applicable law: Swiss law
• Place of jurisdiction: Zug, Switzerland
• Assignment: botts.ai may transfer this contract to a new legal entity in the context of a corporate formation or takeover.
• Severability: Should a provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
• Notices: Communication to the registered e-mail address shall also be deemed valid delivery.
• Contract language: These GTC are drafted in German. Translations into other languages are provided for information purposes only. In the event of contradictions or ambiguities between the German version and a translation, the German version shall be legally authoritative.