AITalk.ch

Terms of Use for AI Talk

Appendix A (Data Processing Agreement) to the Agreement as of 26 Mar 2025

  1. General and Acceptance

    BY USING THE AI Talk services available at www.aitalk.ch ("AI Talk Website" or "Services") AND/OR ANY SUB-WEBSITE OF the AI Talk 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 AI Talk for your marketing or advertising campaign (“AI Talk 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. AI Talk collaborates with Sub-Processors to facilitate service delivery and payments processing, such as Stripe, Amazon Cloud, or other third-party processors.

    These Terms apply to all users of the AI Talk Website, including those uploading content or materials to create and publish an AI Talk campaign. By creating an account on the AI Talk Website, you agree to this Agreement.

    AI Talk 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.

    AI Talk services use OpenAI's Assistant API to support Retrieval-Augmented Generation (RAG). Thus, customer information related to the service is stored within each user's own OpenAI Assistant account, linked via the OpenAI API Key provided directly by the user. Any data-related issues concerning this stored information are under the responsibility of OpenAI, and M-BIZ Global AG bears no responsibility in this regard. Since consumer inquiries are handled through RAG using the ChatGPT Model, conversations are subject to OpenAI's Terms & Conditions. We store customer conversations on our dashboard for 90 days, after which they are automatically deleted from our servers. Users should backup conversations directly if they wish to retain historical data.

    AI Talk services may also be distributed through Shopify App and WooCommerce Plugin. In these cases, payment and service policies primarily follow the guidelines and policies of the respective service providers

  2. Eligibility

    Use of Membership Services is void where prohibited. By using AI Talk, 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 AI Talk campaigns if using brand logos or product images.

  3. Provided Services

    Subject to compliance with these Terms, AI Talk provides services described on the Website, including software for AI-based interactions, customization tools, campaign analytics, and integration with third-party services. Some features are available through paid subscription. AI Talk may change, suspend, or discontinue services at its discretion. Certain services may include advertising.

    AI Talk 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.

  4. General Undertakings

    You accept responsibility for activities using AI Talk 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.

  5. The AI Talk Website

    AI Talk may contain third-party content or links to third-party websites. The Company assumes no liability for third-party websites.

  6. Prohibited Content/Actions

    You must not use AI Talk to promote illegal activities, offensive content, pornography, or misleading information. Reverse engineering software or creating competitive products using AI Talk resources is prohibited.

    Report misuse to: support@aitalk.ch

  7. Company’s Proprietary Rights

    Respect proprietary rights owned by the Company, including intellectual property rights.

  8. Your Proprietary Rights

    You retain ownership of content uploaded to AI Talk. Your content is used according to our Privacy Policy and Terms. Campaign data retention is outlined on the Website.

  9. Website Access

    AI Talk grants limited permission to use the Website as intended. Account security is your responsibility; notify immediately of breaches.

  10. Third-Party Sharing

    You may share campaigns via third-party platforms in compliance with all relevant terms and regulations.

  11. Third-Party Services

    AI Talk bears no responsibility for third-party services used through AI Talk campaigns.

  12. Fees and Payment

    Services requiring payment (“Charged Services”) are outlined clearly on the Website. Payment terms, renewal conditions, and refund policies are detailed on aitalk.ch.

  13. Cancellation

    Cancellation terms follow Website guidelines. Certain Services may be non-refundable.

  14. Intellectual Property Rights

    Content provided by AI Talk is protected under applicable intellectual property laws. Unauthorized use or distribution of Website content is prohibited.

  15. Client Reference

    You agree AI Talk may reference your brand publicly as a client for marketing purposes.

  16. Security

    You are responsible for maintaining account security. AI Talk is not liable for losses due to security failures.

  17. Warranty Disclaimer & Limitation of Liability

    Your use of AI Talk is at your risk. The Company disclaims warranties regarding Website content accuracy, service continuity, or security breaches.

  18. Indemnity

    You agree to indemnify AI Talk against claims arising from your usage, content, or violations of these Terms.

  19. Events Beyond Control

    AI Talk is not liable for disruptions caused by events beyond its reasonable control.

  20. Assignment

    These Terms cannot be transferred by you but can be freely assigned by the Company.

  21. General Provisions

    AI Talk operates under Swiss law, with jurisdiction exclusively in Switzerland.
    Promotional emails may be sent to registered email addresses.

  22. Customer Service Contact

    Email: support@aitalk.ch
    Mail: M-BIZ Global AG, Ruessenstrasse 12, 6340 Baar, Switzerland