Legal
1.1 These General Terms and Conditions (T&Cs) apply to all contracts between fdk.ai, Industrieplatz 1, 8212 Neuhausen am Rheinfall/SH, Switzerland, Owner: V. Murati (hereinafter the "Contractor") and clients (hereinafter the "Client") concerning services in the areas of software development, artificial intelligence, consulting, marketing and related digital services.
1.2 Deviating terms of the Client shall not become part of the contract unless the Contractor expressly agrees to them in writing.
1.3 These T&Cs also apply to future business relationships without the need for separate inclusion.
1.4 The subject matter of the contract includes in particular the provision of Software-as-a-Service (SaaS), the development of bespoke applications, the implementation of automation solutions and AI systems, consulting services as well as marketing and optimisation services.
1.5 The Contractor's offers are non-binding. A contract is only concluded upon written order confirmation or upon commencement of performance.
1.6 The scope of services is set out in the respective order confirmation, project agreement or in a detailed description of services (Statement of Work, SoW).
1.7 Where the Contractor relies on third-party services in the course of performance (e.g. cloud infrastructure, API providers, AI models), the respective terms of use of these providers shall apply in addition.
2.1 The Contractor grants the Client the contractually agreed usage rights to the work results.
2.2 Rights to pre-existing works, libraries, frameworks and tools of the Contractor remain with the Contractor. The Client is granted a simple right of use to the extent necessary to use the work results.
2.3 Where AI-generated content forms part of the work results, the Contractor points out that copyright protection of such content under applicable law may be limited.
2.4 Unless otherwise agreed, the Contractor is entitled to use the services rendered as anonymised references in its portfolio.
3.1 The Client shall provide the Contractor in good time and free of charge with all information, materials and access required to perform the services.
3.2 The Client shall designate a contact person who is responsible and authorised to make decisions for project coordination.
3.3 For AI-supported systems, the Client undertakes not to make critical decisions exclusively on the basis of automated AI outputs but to ensure adequate human review (Human-in-the-Loop).
3.4 Delays caused by missing or delayed cooperation by the Client are not at the Contractor's expense. Agreed deadlines shall be postponed accordingly.
4.1 For SaaS solutions and other online services, the Contractor targets an availability of 99.5% measured on a monthly basis, excluding scheduled maintenance windows.
4.2 The Contractor reserves the right to announce planned maintenance windows with at least 48 hours' notice and, where possible, carry them out outside business hours.
4.3 Individual Service Level Agreements (SLA) may be agreed in the project contract or in a separate SLA document.
4.4 The Contractor is entitled to change the technical infrastructure and the third-party providers used, provided this does not materially impair the agreed quality of service.
5.1 Remuneration is governed by the agreed quotation or project contract. Unless a fixed fee has been agreed, billing is performed on a time-and-materials basis at the applicable hourly rates.
5.2 All prices are in Swiss francs (CHF) and exclusive of VAT, unless otherwise stated.
5.3 Invoices are due for payment without deduction within 30 days of the invoice date, unless otherwise agreed.
5.4 In the event of late payment, the Contractor is entitled to charge default interest at 5% p.a. and to suspend further performance until payment is received.
6.1 The Contractor performs its services with the diligence of a conscientious professional. No guarantee is assumed for specific results (e.g. rankings, conversion rates, AI model accuracy).
6.2 The Client shall notify defects in writing immediately upon discovery. The Contractor has the right to remedy within a reasonable period.
6.3 The Contractor's liability is limited to intent and gross negligence. Liability for indirect damage, consequential damage and lost profits is excluded to the extent permitted by law.
6.4 Liability is capped at the remuneration agreed in the relevant project.
6.5 Where third-party AI models are used (e.g. OpenAI, Anthropic, Google), the Contractor assumes no liability for their availability, content or results. The liability of the respective provider remains unaffected.
7.1 Project contracts end upon acceptance of the agreed services. Continuing obligations (e.g. maintenance, support, hosting) may be terminated by ordinary notice with three months' notice to the end of a calendar quarter, unless otherwise agreed.
7.2 The right to extraordinary termination for good cause remains unaffected.
7.3 Upon termination of the contract, the Contractor shall export all of the Client's important data in a structured, machine-readable format. The Contractor will actively support this transition.
7.4 Following completion of the data return, the Contractor shall delete the Client's data in accordance with data protection law and confirm this in writing on request.
8.1 Both parties undertake to treat all confidential information obtained in the course of the cooperation strictly confidentially and to use it only for the purposes of the respective engagement.
8.2 Processing of personal data is carried out in compliance with the Swiss Data Protection Act (revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in the Privacy Policy.
8.3 The Contractor does not use Client data for the training of AI models unless this has been expressly agreed in writing.
8.4 For clients in regulated industries (e.g. healthcare, financial sector), additional contractual provisions may be agreed in an annex.
9.1 Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules.
9.2 The exclusive place of jurisdiction is Schaffhausen, Switzerland.
9.3 Should any provision of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.
9.4 Amendments and additions to these T&Cs require written form.
As of: April 2026