Terms and conditions

(1) These general terms and conditions (terms) apply to all contracts between WSK Software GmbH, Wupperstr. 15, 42897 Remscheid, Germany (Swiftpilot), and its customers for the use of Swiftpilot: the trial, plans, add-ons, top-ups and services.

(2) The data processing agreement (DPA) is part of every contract. On questions of data protection it prevails over these terms.

(3) Otherwise this order applies: first agreements Swiftpilot makes with the customer in the individual case, such as an Enterprise contract or an accepted offer, then the service description, then these terms.

(4) The customer’s own terms and conditions do not apply, even if Swiftpilot does not object to them or performs knowing them, unless Swiftpilot agrees to them in text form.

In these terms:

a) customer: the business or public body that concludes a contract with Swiftpilot;

b) Swiftpilot account (account): the area at konto.swiftpilot.ai in which the customer manages its organisation, with workspaces, org admins, plans, payment and invoices;

c) organisation: the customer in the account; org admins are the persons who manage the organisation in the account;

d) workspace: an environment of Swiftpilot of its own at an address of its own on swiftpilot.ai with its own database, in which the customer’s members work with agents, the website assistant, the Pilot, workflows, knowledge (knowledge collections) and the work basket;

e) members: the persons to whom the customer gives access to a workspace; admins are members with all permissions in their workspace;

f) plan: the tariff booked, with its quotas. Every plan belongs to a client of the organisation; the workspaces of a client share the quotas of its plan. If an organisation has only one plan, the account does not show the client level;

g) service description: what the account or an offer from Swiftpilot states about the plan at booking, together with the price overview on swiftpilot.ai (page “Plans and prices”) and the AI tariff published there, each in the version valid when the contract is concluded;

h) billing period: the contract month. It starts on the day of the month on which the monthly invoice falls due (contract day), for a contract Swiftpilot bills separately on the agreed start day;

i) customer content: all data, texts, documents and files that the customer, its members, the visitors of its websites or connected systems put into its workspaces, and the AI output created there for it;

j) text form: a legible declaration on a durable medium under § 126b BGB (German Civil Code), such as an email.

(1) Swiftpilot concludes contracts only with entrepreneurs within the meaning of § 14 BGB, with legal entities under public law and with special funds under public law. Consumers within the meaning of § 13 BGB cannot book Swiftpilot.

(2) By requesting a trial, by booking and by accepting these terms, the customer confirms that it uses Swiftpilot for its commercial or independent professional activity or as a public body. Swiftpilot may ask for proof, such as the VAT identification number or an extract from the commercial register.

(3) There is therefore no right of withdrawal such as consumers have for contracts concluded online.

(1) The presentation of Swiftpilot on swiftpilot.ai and the price overview are not yet a binding offer.

(2) Trial: on request, Swiftpilot sets up an organisation with a trial for the customer and invites the person named as org admin to the account. The contract for the trial is concluded when an org admin accepts these terms and the DPA in the account. Only then do the workspaces open.

(3) Plan: an org admin chooses a plan and its term in the account. Before completing, the account shows the plan, the term, the price plus VAT and from when payment is due. By completing the booking on Stripe’s payment page, the customer makes a binding offer. Swiftpilot accepts it by activating the plan.

(4) If Swiftpilot offers self sign-up through the website, paragraph 3 applies accordingly; before first access, an org admin accepts these terms and the DPA in the account.

(5) Swiftpilot offers Enterprise contracts, add-ons and services in text form; the contract is concluded when the customer accepts the offer in text form.

(6) Declarations an org admin makes in the account, such as accepting these terms and the DPA, bookings, plan changes, top-ups and terminations, count as declarations of the customer. The customer decides who is an org admin and withdraws the role as soon as a person may no longer act for it. What a member or the Pilot prepares in a workspace becomes binding only when an org admin confirms it in the account.

(7) Swiftpilot stores which org admin accepted which version of these terms and the DPA, and when. The version in force is published with its version number and date on swiftpilot.ai, where the customer can retrieve, save and print it.

(1) The trial is free of charge. Swiftpilot chooses the plan for the trial, usually the smallest, with its full quotas, and sets its length; the account and the workspace show when it ends. Each customer gets one trial.

(2) No means of payment is needed for the trial. Swiftpilot reminds the org admins by email before it ends. Swiftpilot may extend the trial and may end it early for good cause, such as misuse.

(3) If the customer books a plan during the trial, the workspace runs on without interruption and payment starts when the trial ends. If it books less than two days before the end, payment starts with the booking.

(4) If the customer books no plan by the end, its workspaces pause: members can sign in, see billing and download their data, agents and the website assistant do not answer, the Pilot and workflows rest. The data is kept and nothing is charged. If the customer books a plan afterwards, work resumes at once.

(5) Without a booking, the contract for the trial ends when the trial ends. Section 26 then applies to the data: Swiftpilot keeps it for 90 days and deletes it afterwards.

(6) For defects and liability during the trial, section 20(7) and section 21(5) apply.

(1) Swiftpilot provides Swiftpilot to the customer as software over the internet (software as a service). What the booked plan includes follows from the service description. A plan sets in particular:

a) the AI budget in euros per billing period, which is used according to the AI tariff;

b) the number of workflow runs per billing period;

c) the number of workspaces;

d) the document storage in gigabytes;

e) the number of documents in the knowledge;

f) the level of support.

(2) The number of members is not limited; agents and workflows are not counted. Technical limits, for example on concurrent runs, on the steps and duration of a run, on conversations and messages in the website chat and on the size of single files, protect operation for all customers; the application and its help state them. Swiftpilot may adjust them as long as this does not reduce the plan’s quotas.

(3) Swiftpilot owes the provision of the functions, not a particular result, such as a certain number of requests, revenue or savings.

(4) If the customer connects Swiftpilot to third-party services, such as HubSpot, Slack, Microsoft Teams, calendars, mailboxes, databases or webhooks, Swiftpilot provides the connection. The service itself is governed by the customer’s contract with its provider. If a provider changes or discontinues its interface, Swiftpilot adapts the connection within a reasonable time, as far as this is possible with reasonable effort.

(5) Services such as setting up workflows, training or process care are provided by Swiftpilot only under a separate agreement, as services without a guaranteed result unless agreed otherwise.

(6) Swiftpilot uses service providers for its services. Where they process personal data on the customer’s behalf, section 11 of the DPA applies.

(1) What agents, the website assistant, the Pilot and workflows do with language models, and what reading in and searching knowledge costs, Swiftpilot deducts from the AI budget according to the AI tariff. The AI tariff states the price per model in euros per one million tokens. The plan’s AI budget applies to the billing period concerned; what is left of it expires at the end of that period and is neither carried over nor paid out.

(2) When the AI budget is used up and no bought budget is left (section 8), Swiftpilot starts no further AI calls: agents and the website assistant stop answering, and workflows halt at their next step that uses a language model. This lasts until the next billing period begins, a top-up is received or a larger plan applies. Swiftpilot notifies the members who manage billing in the workspaces, in the application and by email, when 80 percent of the plan’s AI budget is used and when the budget is used up. Additional costs arise only if the customer has switched on the automatic top-up.

(3) A workflow run is a productive run of a workflow, counted once with all its steps, whether it was started by an event, a webhook, a schedule, an email, a member or the Pilot. A workflow that a step of a run starts directly counts with that run. Not counted are:

a) test runs;

b) runs that Swiftpilot refuses or cancels or that exceed their time limit;

c) runs that halt because the AI budget is used up, a payment is open or the workspace is paused; the AI budget they used until then remains charged;

d) runs that fail because of Swiftpilot, for example because of a fault of the platform or of the AI provider; Swiftpilot credits back the AI budget they used.

Conversations in the website chat or by email are not workflow runs; they use AI budget.

(4) When a billing period’s workflow runs are used up, no further productive run starts until the next billing period begins or an add-on or a larger plan applies. Swiftpilot records refused starts and informs the admins in the work basket. Unused workflow runs expire with the billing period.

(5) The document storage covers the files of a client’s workspaces: documents in the knowledge and attachments in conversations, with the Pilot and in incoming emails. Website pages read in as knowledge do not count. When the storage is full, Swiftpilot refuses further uploads by people with a notice. Attachments of incoming emails are still stored, so that no email is lost; this causes no extra cost. Swiftpilot notifies the members who manage billing in the workspaces, in the work basket and by email, when 90 and when 100 percent are used.

(6) The quotas apply to the client the plan belongs to; its workspaces share them. A further workspace separates data and teams; it brings no extra quota.

(1) If the AI budget is not enough, an org admin can buy additional AI budget in the account (top-up), in the amounts of the price overview. A top-up is paid at once by card. Swiftpilot credits the budget as soon as the payment is received; there is no budget on credit.

(2) Bought AI budget is used only once the plan’s AI budget is used up. It does not expire with the billing period but lasts as long as the plan it was bought for. If the customer books a plan for this client again within 90 days after the plan ended, the rest is available again. Bought budget is not paid out, unless the contract ends through an ordinary termination by Swiftpilot, through a termination by the customer for good cause for which Swiftpilot is responsible, or under section 24(2); Swiftpilot then refunds the unused rest.

(3) The automatic top-up applies only if an org admin switches it on in the account. The org admin sets which top-up is bought, below which remaining amount (the plan’s AI budget and bought budget together) and how much at most per billing period. Swiftpilot then charges the card on file without further confirmation and issues an invoice for each top-up. Only one top-up runs at a time, and the maximum is not exceeded.

(4) If the bank declines a payment, requires confirmation by the cardholder, or no card is on file, the automatic top-up stops. Swiftpilot notifies the org admins by email and states the reason in the account. An org admin can switch the automatic top-up off or on again at any time; this applies to future top-ups.

(5) For plans that Swiftpilot bills separately, such as Enterprise contracts, the customer agrees top-ups with Swiftpilot.

(1) The prices the account or the offer states at booking apply, based on the price overview. The price of a booked plan stays until it changes under section 11(5) and (6) or under section 25. All prices are net, plus statutory VAT.

(2) Swiftpilot charges VAT according to the law and the billing details the customer gives at booking; for businesses in another EU member state with a valid VAT identification number, the customer usually owes the tax (reverse charge). The customer keeps its company name, address and VAT identification number up to date.

(3) The customer pays for the plan and add-ons monthly in advance at the start of each billing period, also for a fixed term. Top-ups and the price difference of a larger plan (section 10) are due at once.

(4) Payment is made by card through the payment service Stripe. The customer authorises Swiftpilot to collect amounts due for the plan, add-ons, plan changes and automatic top-ups it has switched on from the card on file, and keeps a valid card on file. Contracts that Swiftpilot bills separately are paid on invoice within 14 days of receipt, unless agreed otherwise.

(5) Swiftpilot provides invoices electronically; org admins find them in the account. Swiftpilot issues invoices to customers based in Germany as e-invoices in the XRechnung format and sends them to the email address the customer gives for invoices; the PDF version is for reading only. The customer agrees to invoices in this form, as far as the law does not require another form.

(6) If the customer pays twice by mistake, for example through a second booking in another window, Swiftpilot cancels the duplicate booking and refunds the payment in full without the customer having to ask.

(7) If collecting a payment due fails, Swiftpilot notifies the org admins by email and tries again for four weeks. If the payment has not been received after seven days, Swiftpilot may halt the functions that use AI budget until it is; access to the workspaces and their data remains.

(8) If the customer does not pay when due, it is in default without a reminder. The statutory default interest and the lump sum under § 288(2) and (5) BGB apply. Swiftpilot’s further rights, in particular termination under section 11(9), remain unaffected.

(1) An org admin can switch to a larger plan in the account at any time. Swiftpilot charges the price difference pro rata for the rest of the current billing period and collects it at once. The larger plan applies as soon as this payment is received; the additional AI budget and workflow runs are then fully available for the current billing period. If the bank requires confirmation by the cardholder, the change applies only after that; without payment the previous plan stays. During the trial a change only changes the plan of the trial.

(2) During a fixed term, a larger plan stays fixed too, at the larger plan’s price for the fixed term and until the end of the current fixed term. The customer can change a monthly plan to the fixed term in the account; the fixed term then starts with the next billing period. A plan changes from the fixed to the monthly term only at the end of the fixed term (section 11(6)).

(3) The customer changes to a smaller plan on request in text form to Swiftpilot. The change applies from the next billing period, for a fixed term at the earliest from its end. What exceeds the limits of the smaller plan is paused by Swiftpilot instead of deleted; a larger plan brings it back.

(4) The customer books add-ons, such as additional workflow runs, workspaces, document storage or process care, on request from Swiftpilot, as far as the price overview offers them for its plan. An add-on is charged monthly; booked during a billing period, it is charged pro rata and is fully available at once. The customer can end it at the end of any billing period; it ends with the plan in any case.

(5) A larger plan and new add-ons are subject to the prices and services of the price overview at the time of booking.

(1) A plan runs monthly or for a fixed term of twelve months, as chosen at booking. In both cases payment is monthly. The fixed term has a lower price where the price overview offers it.

(2) A monthly plan runs for an indefinite period. The customer can terminate it at any time with effect from the end of the current billing period. Swiftpilot can terminate it with three months’ notice to the end of a billing period.

(3) The fixed term comprises twelve billing periods. It starts with the first paid billing period; days of a trial do not count. If the customer changes a monthly plan to the fixed term, it starts with the next billing period.

(4) During the fixed term, ordinary termination is excluded for both parties. If the customer terminates during this time, the plan ends at the end of the fixed term. Section 27 (switching provider) remains unaffected.

(5) 30 and 7 days before the fixed term ends, Swiftpilot writes to the org admins by email when it ends and at which prices it continues. From 30 days before, the account offers a further fixed term of twelve months at the then current price for the fixed term. A further fixed term starts only if an org admin agrees to it in the account or in text form.

(6) Without this agreement, the plan continues monthly after the end of the fixed term, at the monthly price Swiftpilot states in the email 30 days before the end, and can be terminated under paragraph 2. The customer can also end the plan at the end of the fixed term.

(7) Enterprise contracts run for the agreed term. Swiftpilot gets in touch before it ends; without a renewal, the contract continues monthly at its price and can be terminated under paragraph 2.

(8) If an org admin removes a client’s last workspace, the client’s plan ends at the earliest possible date under paragraphs 2 and 4; the account shows when beforehand.

(9) The right of both parties to terminate for good cause without notice remains unaffected. Swiftpilot may terminate without notice in particular if

a) the customer is more than four weeks in default with a payment due and Swiftpilot has announced the termination to it beforehand in text form with a period of at least two weeks, or

b) the customer seriously or repeatedly breaches section 14 or section 15(4) despite a warning in text form, or a breach is so serious that Swiftpilot cannot reasonably be expected to continue the contract.

The customer may terminate without notice in particular if Swiftpilot fails to grant, or withdraws, the use under the contract in full or to a considerable extent and a reasonable period to remedy this has expired without success (§ 543(2) sentence 1 no. 1 BGB), or if Swiftpilot seriously breaches the DPA.

(10) The customer terminates in the account with the function for ending, or in text form to support@swiftpilot.ai. Swiftpilot terminates in text form to the email addresses of the org admins.

(11) If Swiftpilot terminates ordinarily or the customer terminates for good cause for which Swiftpilot is responsible, Swiftpilot refunds fees paid in advance for the time after the contract ends.

(1) Swiftpilot operates Swiftpilot with the care of a prudent provider and keeps it available within what is technically and economically reasonable. Swiftpilot commits to an availability in percent only if one is agreed separately.

(2) Swiftpilot provides Swiftpilot at the point where its data centres connect to the internet. The customer is responsible for the connection to that point, for its devices and browsers, and for the systems and services it connects itself.

(3) Swiftpilot usually installs updates without notice. A workspace may then be unreachable for a short time, usually less than a minute; the website assistant reconnects by itself afterwards. Swiftpilot announces maintenance that takes longer to the org admins by email at least five working days in advance and schedules it at times of low use where possible. If maintenance is urgent, for example to close a security gap, Swiftpilot may carry it out without notice and informs without undue delay.

(4) Functions with language models also depend on the AI providers Swiftpilot uses under Annex 2 of the DPA. If a provider fails, Swiftpilot restores the functions as soon as possible. The customer’s rights under section 20 remain unaffected.

(1) The scope of support depends on the plan: support by email, priority support or a personal contact, as stated in the service description.

(2) Swiftpilot can be reached by email at support@swiftpilot.ai on working days from Monday to Friday, except public holidays at Swiftpilot’s registered office, during usual business hours. Swiftpilot handles requests with priority support before others. A personal contact is a named person at Swiftpilot who is covered in their absence.

(3) Swiftpilot owes specific response or resolution times only if they are agreed separately.

(4) Support answers questions about using Swiftpilot and takes reports of faults and defects. Setup, training, advice and designing agents and workflows are services under section 6(5).

(5) For support, Swiftpilot accesses the content of workspaces only as far as needed for the request, and in accordance with the DPA.

(1) The customer

a) keeps access data secret, ensures that every member uses their own access, and tells Swiftpilot without undue delay if it suspects misuse;

b) chooses org admins and admins with care and removes access that is no longer needed;

c) puts only content into Swiftpilot that it may lawfully use, and no content that infringes laws or the rights of third parties, in particular no malware;

d) adds as knowledge only websites whose content it may use;

e) sends no unsolicited advertising through Swiftpilot and, for emails from workflows, observes the rules on advertising and consent (§ 7 UWG, German Act against Unfair Competition);

f) does not attack Swiftpilot, does not test it for vulnerabilities or under load without Swiftpilot’s consent, and does not circumvent quotas, technical limits or protective measures, for example through automated mass requests or several trials;

g) observes the usage policies of the AI providers Swiftpilot uses under Annex 2 of the DPA, as far as they concern the content it gives their models through Swiftpilot;

h) informs the visitors of its websites in its privacy policy about the website assistant and that they are writing to an AI system (section 15(5)), and assesses whether it needs consent for the storage in the browser (section 15(2) of the DPA);

i) informs its members about the processing of their data in Swiftpilot and respects the rights of its employee representatives, for example when introducing technical systems that can record behaviour or performance (§ 87(1) no. 6 BetrVG, Works Constitution Act);

j) checks agents, knowledge and workflows before switching them live and is responsible for their settings, for example to whom a workflow sends emails or which data it passes to connected systems.

(2) Data the customer must keep for legal reasons, such as business letters and accounting records, it keeps outside Swiftpilot. Swiftpilot is not an archive for these obligations.

(3) If there are concrete indications that a workspace breaches paragraph 1 or section 15(4) or endangers the security of Swiftpilot or other customers, Swiftpilot may temporarily block the part concerned, such as an agent, a workflow or the workspace, as far as necessary to avert the danger. Swiftpilot informs the org admins beforehand, or without undue delay afterwards if there is imminent danger, and lifts the block as soon as its reason ceases. If the customer is responsible for the breach, it remains obliged to pay.

(1) Agents, the website assistant, the Pilot and workflows create answers, texts, summaries, evaluations and suggestions with language models (AI output). AI output is created automatically according to probabilities. It can be wrong, incomplete or out of date, even if it sounds convincing, and can resemble third-party content.

(2) The customer checks AI output before relying on it or passing it on, especially for legal, tax, medical or financial questions and for declarations to third parties. Swiftpilot offers tools for this, such as test questions, the answer check, approvals in the work basket and the four-eyes principle. Moderation and the answer check reduce risks but do not exclude them.

(3) The customer does not make decisions that have legal effect on a person or similarly significantly affect them, for example on contracts, applications, dismissals or benefits, on the basis of AI output alone; a human checks and decides (Art. 22 GDPR).

(4) The customer does not use Swiftpilot for practices prohibited by Art. 5 of the AI Act (Regulation (EU) 2024/1689). For purposes the AI Act classifies as high-risk (Annex III), for example selecting or evaluating applicants and employees, assessing creditworthiness, or deciding on access to education or to public services, the customer uses Swiftpilot only if the parties have agreed this beforehand in text form.

(5) Swiftpilot designs the website assistant so that visitors recognise that they are writing to an AI system (Art. 50(1) AI Act). The customer does not remove or hide this notice and does not let an agent pose as a human. If the customer publishes AI output, it observes the labelling obligations that apply to it.

(6) The customer ensures that its members who work with Swiftpilot have sufficient AI literacy (Art. 4 AI Act).

(1) Customer content remains the customer’s. Where rights of Swiftpilot arise in AI output created for the customer, Swiftpilot grants them to the customer free of charge and without limitation in time or territory. Swiftpilot does not promise that AI output is protected by copyright or free of third-party rights.

(2) The customer grants Swiftpilot the non-exclusive right, limited to the term of the contract and the retention under section 26, to store, process and copy customer content and to transfer it to subprocessors under the DPA, as far as needed for the services.

(3) Swiftpilot does not use customer content to train AI models and uses only AI providers that, under their terms, do not use content from the use of their business interfaces for training.

(4) Swiftpilot uses figures without content and without reference to persons, such as the number of conversations and workflow runs and the usage per model, for operation, billing and further development.

(5) Swiftpilot may use the customer’s suggestions and feedback on Swiftpilot free of charge to improve Swiftpilot.

(1) For the term of the contract, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use Swiftpilot for its own business purposes under these terms and to give its members access. The visitors of its websites may use the website assistant.

(2) Swiftpilot runs on Swiftpilot’s servers; the customer receives no copy of the software. The customer may embed the website assistant’s script only to show the assistant on its websites.

(3) The customer may not let third parties use Swiftpilot, resell it or offer it as its own service; this requires a separate agreement with Swiftpilot. It may not copy, reverse engineer or decompile Swiftpilot unless the law mandatorily permits it (§§ 69d, 69e UrhG, German Copyright Act).

(4) All rights in Swiftpilot, its software, templates, documentation and trademarks remain with Swiftpilot. The customer may freely adapt and use in Swiftpilot the agents, workflows and knowledge it creates from templates.

(1) Where Swiftpilot processes personal data on the customer’s behalf, the DPA applies, which the customer accepts with these terms. Until it is accepted, Swiftpilot processes nothing in the customer’s workspaces: they open only afterwards.

(2) For data whose processing Swiftpilot decides on itself, such as in the account, for contract, payment, emails and operation, Swiftpilot’s privacy policy applies. The customer points the persons it invites as org admins or members to it.

(1) Both parties treat the other party’s confidential information as confidential and use it only for the contract. Confidential are in particular customer content, access data, trade secrets and information that is marked as confidential or recognisably confidential from the circumstances.

(2) This does not apply to information that is or becomes generally known without the receiving party being responsible, that it lawfully received from third parties or developed itself, or that it must disclose under a legal or official obligation; in the latter case it informs the other party beforehand where permitted.

(3) Each party may pass confidential information on to employees, advisers and service providers who need it for the contract and are bound to confidentiality; for personal data, the DPA applies.

(4) These obligations continue after the end of the contract, for trade secrets as long as they are trade secrets.

(5) Swiftpilot names the customer as a reference only if the customer has agreed.

(1) The provisions of German tenancy law (§§ 535 et seq. BGB) apply to defects of Swiftpilot unless these terms provide otherwise.

(2) The customer reports defects without undue delay in text form to support@swiftpilot.ai, with a description that makes the defect comprehensible (§ 536c BGB).

(3) Swiftpilot remedies reported defects within a reasonable period, at Swiftpilot’s choice by a correction or an equivalent workaround.

(4) Strict liability for defects that already existed when the contract was concluded (§ 536a(1) alternative 1 BGB) is excluded. Section 21 applies to damages.

(5) That an AI output is wrong or incomplete in an individual case is not in itself a defect, as long as the AI functions match the service description (section 15(1)).

(6) The customer’s rights to reduce the fee (§ 536 BGB) and to terminate under § 543(2) sentence 1 no. 1 BGB remain unaffected.

(7) During the free trial, Swiftpilot is liable for defects only if it fraudulently conceals them.

(1) Swiftpilot is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee Swiftpilot has given.

(2) For slight negligence, Swiftpilot is liable only if it breaches an essential contractual obligation. Essential are obligations without whose fulfilment the contract cannot be properly performed and on whose fulfilment the customer may therefore regularly rely, such as the obligation to provide Swiftpilot and to back up the customer’s data and treat it confidentially. Liability is then limited to the damage that was typically foreseeable when the contract was concluded, and per contract year in total to the fee for twelve months of the booked plan with its add-ons, but at least to 25,000 euros.

(3) Swiftpilot backs up the workspaces’ data under Annex 1 of the DPA. For slight negligence, Swiftpilot is liable for the loss of data only up to the effort of restoring it from these backups, and otherwise under paragraph 2.

(4) The limitations also apply to the personal liability of Swiftpilot’s employees, representatives and vicarious agents.

(5) During the free trial, Swiftpilot is liable only under paragraph 1.

(6) Liability towards data subjects under Art. 82 GDPR remains unaffected.

(1) If third parties assert claims against Swiftpilot because customer content or the customer’s use of Swiftpilot infringes their rights or the law, the customer indemnifies Swiftpilot against them, including the reasonable costs of legal defence, as far as the customer is responsible for the infringement.

(2) If third parties assert against the customer that Swiftpilot itself infringes their intellectual property rights, Swiftpilot defends the claims at its own cost and indemnifies the customer against them, as far as the infringement is not based on customer content or use contrary to the contract. Swiftpilot may change Swiftpilot so that it no longer infringes, provided the agreed services are maintained.

(3) The party against which claims are asserted informs the other without undue delay, does not acknowledge them without the other’s consent and, where possible, leaves the defence to the other.

(1) Neither party is liable for not fulfilling its obligations as long as and to the extent that it is prevented by events it cannot influence and is not responsible for, such as natural disasters, war, terrorism, pandemics, strikes at third parties, official orders or widespread outages of power or the internet. Outages at Swiftpilot’s service providers count as force majeure only if they are themselves caused by such events.

(2) The party affected informs the other without undue delay and does what can reasonably be expected of it to limit the consequences. For the time in which Swiftpilot does not perform, the customer owes no fee pro rata.

(3) If the disruption lasts longer than four weeks, either party may terminate the services affected in text form.

(1) Swiftpilot develops Swiftpilot further and may change, add or replace functions if this is reasonable for the customer. A change is reasonable in particular if the quotas and the essential functions of the booked plan are maintained, for example when a language model is replaced by one at least equivalent, when the interface changes, or when connections are adapted to changed interfaces of connected services.

(2) If an essential function is dropped or changes to the customer’s disadvantage, Swiftpilot announces this at least six weeks in advance in text form. The customer can then terminate the plan concerned, up to the date of the change and with effect from that date, also during a fixed term; Swiftpilot points this out in the announcement.

(3) If the law, case law, an authority or the security of Swiftpilot requires a change, Swiftpilot may also make it at short notice and informs the org admins without undue delay. Paragraph 2 sentence 2 applies accordingly.

(4) Section 11 of the DPA applies to new or replaced subprocessors.

(1) Swiftpilot may change these terms and the DPA for the future if there is a valid reason, such as a change in the law or case law, new or changed services, or a gap that only becomes apparent later. Changes to the list of subprocessors are governed by section 11 of the DPA.

(2) Swiftpilot publishes the new version with its version number and the day from which it applies on swiftpilot.ai, notifies the org admins by email and shows it in the account until an org admin accepts it.

(3) The new version applies to the customer as soon as an org admin accepts it in the account. Until then the previous version continues to apply; Swiftpilot does not halt its services for that reason. What the law, case law or official requirements compel applies in any case.

(4) If the customer does not accept the new version within six weeks from the day it applies, Swiftpilot may terminate a monthly plan under section 11(2).

(5) During a fixed term, if the customer does not accept the new version, the previous version applies to it until the term ends; after that, paragraph 4 applies.

(6) Swiftpilot may change the prices of a booked plan and its add-ons and the AI tariff for future billing periods. Swiftpilot announces an increase at least six weeks in advance in text form; the customer can terminate the plan up to the date of the increase and with effect from that date, also during a fixed term, which Swiftpilot points out in the announcement.

(7) During a fixed term, Swiftpilot does not raise the prices of the plan and its add-ons. The AI tariff, through which Swiftpilot passes on the AI providers’ costs, Swiftpilot may raise under paragraph 6 also during a fixed term. For the time after the fixed term, section 11(5) and (6) apply.

(8) Swiftpilot adds new language models with their price to the AI tariff before the customer can choose them. Reductions of the AI tariff apply from when they take effect, without notice.

(1) During the contract, the customer exports data itself where the application provides for it, such as conversations and the audit log, and deletes data itself in its workspaces.

(2) When a plan or a trial without booking ends, its workspaces pause: members can sign in and download their data, agents and the website assistant do not answer, and nothing is charged. If the customer books a plan again within this time, they resume at once with their data. If the customer removes a single workspace, it stops at once; the customer downloads its files beforehand. Swiftpilot keeps the data of paused and removed workspaces for another 90 days.

(3) On request in text form, Swiftpilot hands the customer a copy of each workspace’s database and of each paused workspace’s files in a common machine-readable format within these 90 days, free of charge.

(4) 14 days before deletion, Swiftpilot reminds the org admins by email. Afterwards Swiftpilot deletes the workspaces’ data together with their backups and their files, with all previous versions in both storage locations. At the customer’s request, Swiftpilot deletes it earlier.

(5) Data Swiftpilot must keep by law, such as invoices, and the proof that the contract was concluded, Swiftpilot keeps as stated in the privacy policy. Otherwise section 13 of the DPA applies.

(1) The customer can at any time request in text form to switch to another provider or to its own systems (Art. 23 et seq. of Regulation (EU) 2023/2854, Data Act). It names the day on which the switch is to start; that day is at most two months after the request is received.

(2) From that day, a transitional period of at most 30 days runs, during which the contract continues to apply. During it, Swiftpilot reasonably assists the customer, maintains operation, informs about known risks to continuity and maintains a high level of security. If the switch is technically not feasible within this time, Swiftpilot says so within 14 working days, with reasons, and names an alternative period of at most seven months.

(3) All data of the customer’s workspaces can be transferred: agents, workflows, knowledge with its documents, conversations, contact requests, entries in the work basket, dashboards, settings and logs, as a copy of the database and of the files under section 26(3). This does not include Swiftpilot’s software and data about the internal operation of the platform, such as its system logs and keys.

(4) After the transitional period, the customer can retrieve its data for at least another 30 days; section 26(2) to (4) applies. The contract ends when the switch has been completed successfully. If the customer does not want to switch but only to have its data deleted, it ends on the day under paragraph 1.

(5) Swiftpilot charges no fees for the switch.

(6) If a fixed term ends early through a switch, the customer pays, for the billing periods of the fixed term paid until then, the difference between the monthly price valid at booking and the price for the fixed term, but at most the fees that would still have been due until the end of the fixed term.

(7) Swiftpilot provides information on the procedures and formats of the switch on request.

(1) The customer may assign rights under the contract to third parties only with Swiftpilot’s consent in text form; § 354a HGB (German Commercial Code) remains unaffected.

(2) The customer may only set off claims that are undisputed or have been finally established by a court, or that arise from the same contractual relationship, such as claims for defects.

(3) The customer has a right of retention only for claims from the same contractual relationship.

(4) Swiftpilot may transfer the contract with all rights and obligations to a company that continues Swiftpilot. Swiftpilot announces this at least six weeks in advance in text form; the customer may terminate the contract with effect from the day of the transfer.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is Swiftpilot’s registered office. Swiftpilot may also sue the customer at its general place of jurisdiction.

(3) Declarations concerning the contract require text form unless these terms provide otherwise; declarations in the account suffice. Individual agreements take precedence (§ 305b BGB).

(4) Swiftpilot sends notices concerning the contract to the email addresses of the org admins. The customer ensures that at least one org admin can be reached.

(5) If a provision of these terms is invalid or unenforceable, the rest of the contract remains valid. The statutory provision takes its place (§ 306(2) BGB).

(6) The German version of these terms is binding; this English version is a translation.