Terms of Use for AiTalk.ch
Appendix A (Data Processing Agreement) to the Agreement as of 26 Mar 2025
General and Acceptance
BY USING THE AiTalk.ch services available at www.aitalk.ch ("AiTalk.ch Website" or "Services") AND/OR ANY SUB-WEBSITE OF the AiTalk.ch Website (collectively, including all content and DIY AI editing studio available through the aitalk.ch domain name and/or any sub-domain names), you acknowledge it is owned, maintained, and operated by M-BIZ Global AG and its affiliates ("Company" or "We" or "Us") addressed at Ruessenstrasse 12, 6340 Baar, Switzerland.
BY USING ANY OF THE SERVICES PROVIDED ON THE SERVICES, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND "DATA PROCESSING AGREEMENT" or "DPA" as set out in Appendix A. This DPA applies only if you use AiTalk.ch for your marketing or advertising campaign ("AiTalk.ch campaign") targeting individuals in EU countries.
If you do not agree to any of these terms, please do not use the Services.
The Terms of Use constitute a binding legal agreement between you ("you") and the Company. AiTalk.ch collaborates with Sub-Processors to facilitate service delivery and payments processing, such as Stripe, Microsoft Azure, or other third-party processors.
These Terms apply to all users of the AiTalk.ch Website, including those uploading content or materials to create and publish an AiTalk.ch campaign. By creating an account on the AiTalk.ch Website, you agree to this Agreement.
AiTalk.ch may modify this Agreement from time to time; modifications are effective upon posting at aitalk.ch. Your continued use signifies acceptance of any changes. Regularly reviewing this Agreement is recommended.
AiTalk.ch services adopt a multi-AI Provider architecture. Under the Self plan, users connect to AI services such as OpenAI, Anthropic (Claude), Google (Gemini), xAI (Grok), Mistral, and DeepSeek through their own API keys via a "Bring Your Own Key" approach, and additional Providers may be continuously expanded. Vector DB is stored in OpenAI Vector Store, Gemini File Search, or Pinecone linked to the user's own account, so M-BIZ Global AG does not hold such data and bears no responsibility for it. Under the Company - Managed plan, AI processing (Azure OpenAI Service) and vector storage (Azure AI Search) are performed in 11 countries (12 Azure regions) through Microsoft Azure, and data does not leave the selected country. Conversation history is stored on the dashboard for 90 days, after which it is automatically deleted from our servers. Users should backup conversations directly if they wish to retain historical data.
AiTalk.ch services may also be distributed through Google Drive, SharePoint, GitBook, SendGrid, Telegram, Stripe, and other third-party services. In these cases, payment and service policies primarily follow the guidelines and policies of the respective service providers
Eligibility
Use of Membership Services is void where prohibited. By using AiTalk.ch, you represent and warrant that: (a) all registration information submitted is accurate; (b) you will maintain accuracy; (c) you are 18 years or older; and (d) your use does not violate any applicable laws. Accounts belonging to individuals under 18 years old may be terminated.
Minors cannot purchase Premium Services. By purchasing such services, you declare you are over 18 years old with full legal capacity.
You warrant legal authority to create and publish AiTalk.ch campaigns if using brand logos or product images.
Provided Services
Subject to compliance with these Terms, AiTalk.ch provides the services described on the Website, including a platform for AI agents and workflow automation (Agent Studio), RAG-based knowledge retrieval, external service integration via MCP (Model Context Protocol), multilingual AI chatbot deployment, and integration with third-party services. Services are offered under the Self plan (using the user's own API keys) and the Company - Managed plan (managed service based on Microsoft Azure). Some features are available through paid subscription. AiTalk.ch may change, suspend, or discontinue services at its discretion.
AiTalk.ch does not guarantee compatibility across all browsers or devices. Reasonable measures are taken for security, but complete protection against hacking cannot be guaranteed.
Premium Services follow specific commercial terms detailed on the Website.
User Accounts and Registration
You accept responsibility for activities using AiTalk.ch and agree not to use Services illegally or unauthorizedly. You must comply with jurisdiction-specific laws, particularly the GDPR if operating in or targeting the EU.
User Content and Data
AiTalk.ch may contain third-party content or links to third-party websites. The Company assumes no liability for third-party websites.
AI Provider and External Service Integration
You must not use AiTalk.ch to promote illegal activities, offensive content, pornography, or misleading information. Reverse engineering software or creating competitive products using AiTalk.ch resources is prohibited.
Report misuse to: support@aitalk.ch
Acceptable Use Policy
Respect proprietary rights owned by the Company, including intellectual property rights.
Privacy and Data Protection
You retain ownership of content uploaded to AiTalk.ch. Your content is used according to our Privacy Policy and Terms. Campaign data retention is outlined on the Website.
Intellectual Property Rights
AiTalk.ch grants limited permission to use the Website as intended. Account security is your responsibility; notify immediately of breaches.
Third-Party Services and Links
You may share campaigns via third-party platforms in compliance with all relevant terms and regulations.
Service Availability and Modifications
AiTalk.ch bears no responsibility for third-party services used through AiTalk.ch campaigns. AiTalk.ch may change, suspend, or discontinue any or all of the Services at any time, for any reason, including but not limited to scheduled maintenance, system upgrades, security patches, cyberattacks (including DDoS and bot attacks), server failures, infrastructure outages, or third-party service disruptions. AiTalk.ch may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability. AiTalk.ch shall not be liable for any damages, losses, or inconvenience resulting from any service interruption, suspension, or discontinuation, regardless of the cause or duration.
Payment Terms and Billing
Services requiring payment ("Charged Services") are outlined clearly on the Website. Payment terms, renewal conditions, and refund policies are detailed on aitalk.ch. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, discontinued, or otherwise unavailable due to service interruptions, maintenance, cyberattacks, server failures, or any other reason. No partial or prorated refunds shall be issued for any period of service unavailability.
AiTalk.ch offers different pricing for business (B2B) and individual customers. If you subscribe as a business customer, you represent and warrant that the business information provided (including but not limited to company name, registration number, VAT/tax identification number, and invoicing details) is true, accurate, and complete. If an individual fraudulently registers as a business entity, creates false invoices, or provides inaccurate business information to obtain business pricing, the individual shall bear full and sole responsibility for any and all tax liabilities, penalties, fines, legal consequences, and any other costs arising therefrom in the applicable jurisdiction. AiTalk.ch and M-BIZ Global AG shall not be held liable for any tax issues, regulatory violations, or legal consequences resulting from fraudulent or inaccurate business registrations by users.
Termination
Cancellation terms follow Website guidelines. Certain Services may be non-refundable. AiTalk.ch WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
Disclaimers and Limitation of Liability
Content provided by AiTalk.ch is protected under applicable intellectual property laws. Unauthorized use or distribution of Website content is prohibited.
Indemnification
You agree AiTalk.ch may reference your brand publicly as a client for marketing purposes.
Governing Law and Jurisdiction
You are responsible for maintaining account security. AiTalk.ch is not liable for losses due to security failures.
Dispute Resolution
Your use of AiTalk.ch is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AiTalk.ch shall not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to damages for loss of profits, data, business opportunities, or goodwill, arising from: (a) errors, mistakes, or inaccuracies of content; (b) unauthorized access to or alteration of your transmissions or data; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, or similar harmful code transmitted through the Services; or (e) any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
Force Majeure
You agree to indemnify AiTalk.ch against claims arising from your usage, content, or violations of these Terms.
Severability
AiTalk.ch shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to: internet failures, equipment or server failures, electrical power failures, cyberattacks (including DDoS attacks, bot attacks, hacking, and ransomware), third-party service provider outages (including cloud infrastructure, AI providers, and payment processors), strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, pandemics, acts of God, war, terrorism, governmental actions, or changes in applicable laws or regulations.
Entire Agreement
These Terms cannot be transferred by you but can be freely assigned by the Company.
Changes to Terms
AiTalk.ch operates under Swiss law, with jurisdiction exclusively in Switzerland.
Promotional emails may be sent to registered email addresses.Contact Information
Email: support@aitalk.ch
Mail: M-BIZ Global AG, Ruessenstrasse 12, 6340 Baar, SwitzerlandAccount Deletion and Re-registration Policy
Upon account deletion (anonymization) request, your email address will be permanently ineligible for re-registration. This policy is necessary to prevent abuse of free service allocations and maintain platform integrity. We retain a minimal anonymized identifier (hashed email) exclusively for verification purposes, as permitted under GDPR Article 17(3)(e). For exceptional circumstances, contact support@aitalk.ch.