Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the "Terms") form a binding agreement between Eisenbits GmbH ("Eisenbits", "we", "us") and the client engaging our services ("you", "the customer"). They apply to all services we provide, including consulting, AI and software engineering, development, deployment, operation and support of production systems, the Discovery Workshop, and other technology services (together, the "Services").

By booking, purchasing, instructing or using any of the Services, you accept these Terms. Where we enter into a separate signed written agreement for a specific engagement, that agreement prevails over these Terms to the extent of any conflict.

Provider: Eisenbits GmbH, Ruessenstrasse 12, 6340 Baar, Switzerland. Legal form: limited liability company. Registered seat: Baar. UID CHE-440.693.836 · CH-ID CH-170-4023269-5 · FCRO-ID 1695319.

2. Services and professional care

We perform the Services with reasonable professional care and skill. Except where expressly agreed in a signed written agreement, we do not warrant or guarantee any particular result, outcome, deliverable performance or business benefit. Recommendations and deliverables are based on the information available to us and our reasonable professional judgment at the time.

Unless explicitly agreed in writing, we give no guarantee of availability, uptime, performance, accuracy, security, reliability, scalability, regulatory compliance, AI output quality, business value or fitness for a particular purpose.

3. The Discovery Workshop

The Discovery Workshop is a fixed-price consulting and discovery engagement of CHF 2,500, typically completed within one to two weeks and delivered remotely worldwide. It comprises preparation, a live discovery session of approximately one to three hours, independent analysis, and a written recommendation with a final review. It evaluates opportunities for AI against business value, technical feasibility and implementation risk, may produce an architecture sketch and a path toward production, and may also recommend not building a given system.

You own the written recommendation produced by the workshop and may take it forward independently or with us. For clarity, the workshop:

• is a consulting and discovery engagement, and is not a guarantee that AI is appropriate for your situation or that any proposed system will succeed;
• does not include implementation, development, deployment, operation or support unless separately agreed in writing;
• provides recommendations based on the information available to us and reasonable professional judgment;
• does not constitute legal, financial, regulatory, security or other specialist advice;
• does not guarantee technical feasibility, commercial viability, return on investment, cost, timeline, performance, reliability, security or production success.

4. Booking, payment and cancellation

Fees are stated exclusive of any applicable taxes unless otherwise indicated, and are payable as invoiced or as required at the time of booking. For the Discovery Workshop specifically:

• The CHF 2,500 fee is non-refundable once the booking has been accepted or payment has been made. This applies regardless of whether you subsequently cancel, postpone, fail to attend the live session, or decide not to proceed.
• The workshop is a fixed-price engagement comprising preparation, the live session, independent analysis, the written recommendation and the final review. The live session is only one component, so cancellation or non-attendance does not eliminate the work already performed or committed.
• We may, at our sole discretion and subject to availability, offer a rescheduled date. Rescheduling is not a refund and does not create a right to one.
• If we are unable to deliver the workshop, we may offer rescheduling or, where appropriate, refund the amount paid for the undelivered service. Except where mandatory law requires otherwise, we have no liability for any consequential costs or losses resulting from such cancellation or rescheduling.

There is no general cooling-off or discretionary refund right except where mandatory law requires one. We may waive or modify these provisions at our discretion in individual cases without establishing a precedent.

5. AI outputs and production systems

Artificial intelligence outputs are probabilistic and may be inaccurate, incomplete or unsuitable for production use. You must independently validate any AI output before relying on it.

For any system we help build, deploy or operate, you remain responsible for determining whether the system is suitable for your use case, validating it, and maintaining appropriate safeguards, backups and fallbacks, and you accept the associated operational risk. We are not responsible for your business, financial, operational, regulatory, security, compliance or other decisions, nor for the consequences of implementing our recommendations or any delivered system.

6. Third-party dependencies

The Services may rely on third-party infrastructure, cloud platforms, APIs, AI models, payment providers and other dependencies that are outside our control. To the maximum extent permitted by applicable law, we bear no liability for their failures, changes, suspensions or outages.

7. Intellectual property

We retain all pre-existing and independently developed intellectual property, including reusable code, libraries, frameworks, methodologies, templates, tools, know-how and general techniques. Customer-specific deliverables that you have paid for may be used by you as agreed, but payment does not transfer our underlying reusable intellectual property or know-how.

For the Discovery Workshop, you own the written recommendation and its findings, while we retain our methodologies, frameworks, templates and general know-how.

8. Confidentiality

Each party will keep the other's non-public information confidential and use it only to provide or receive the Services. This does not apply to information that is or becomes public without breach, is independently developed, or is lawfully received from a third party without a duty of confidence. A party may disclose confidential information where required by law or regulation, and to its professional advisers and subcontractors who are bound by confidentiality obligations.

9. Customer responsibilities

You are responsible for: the accuracy and completeness of the information you supply; having the rights to any data or materials you provide; making timely decisions and cooperating as reasonably needed; your own systems, backups, security controls and business continuity; validating deliverables before relying on them in production; and all business and technical decisions taken on the basis of our advice or deliverables.

10. Limitation of liability

To the maximum extent permitted by applicable law, Eisenbits assumes no liability whatsoever arising out of or in connection with the Services or these Terms.

In particular, to the maximum extent permitted by applicable law, we exclude liability for direct, indirect, consequential, incidental, special and punitive damages, and for any loss of profits, revenue, business, opportunities, anticipated savings, goodwill, data, or business interruption, whether or not foreseeable and whether arising in contract, tort or otherwise.

Where liability cannot lawfully be excluded, our total aggregate liability is capped at the fees actually paid to us for the specific service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by mandatory law, including, to that extent, liability for unlawful intent or gross negligence and for death or personal injury.

11. Indemnification

You will indemnify and hold us harmless against third-party claims, damages, liabilities, costs and expenses arising out of or in connection with the materials or data you provide, your unlawful use of the Services, your breach of these Terms, or any infringement caused by your instructions or materials.

12. Term and termination

Either party may terminate an engagement for material breach if the breach remains uncured for a reasonable period after written notice. Termination does not affect fees already accrued or committed. Provisions that by their nature should survive termination — including confidentiality, intellectual property, limitation of liability, indemnification and governing law — survive.

13. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including infrastructure or provider failures, outages, cyber incidents not caused by our wilful misconduct, natural disasters, war, terrorism, governmental action, strikes and similar events.

14. Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified and interpreted to the minimum extent necessary to make it valid and enforceable while preserving its original commercial intent. If it cannot be so modified, it will be severed, and the remaining provisions will remain in full force and effect.

15. Changes to these Terms

We may update these Terms from time to time. The version in effect when you book or purchase a Service applies to that engagement, and the current version is always published on this page.

16. Governing law and jurisdiction

These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules. To the extent permitted by applicable law, the courts at the registered seat of Eisenbits GmbH in Baar, Switzerland have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services.

17. Contact

Questions about these Terms can be sent to support [at] eisenbits [dot] com.