Terms of Service
1. Scope
These Terms govern the use of the ThePilot software platform (AI-assisted lead generation, e-mail outreach and CRM) by business customers (the “Customer”). The offering is directed exclusively at businesses (B2B) and not at consumers.
2. Services
ThePilot provides software: research of company contacts, AI-assisted text generation, e-mail sending through the Customer's own connected mailbox, inbox, calendar, CRM and notifications. The scope depends on the booked plan. AI actions (e.g. mail drafts) are settled via monthly credits per plan; unused monthly credits expire at the end of the period, separately purchased credit packs do not. The Provider performs with due care but does not guarantee uninterrupted availability; planned maintenance is announced where possible.
3. Roles of the parties
The Customer determines the recipients and content of its campaigns and sends through its connected e-mail account. The parties' data protection roles depend on who determines the purposes and means of each processing operation. To the extent the Provider processes personal data solely on the Customer's instructions, it acts as a processor. The Provider's own statutory obligations remain unaffected. Technical approvals and checks are not a legal assessment of the Customer's recipient lists or messages.
4. Customer obligations & acceptable use
The Customer sends only lawful messages via ThePilot and must comply with applicable unfair-competition and telecommunications law, data protection law (FADP/GDPR) and provider rules. In Switzerland this includes in particular Art. 3(1)(o) Swiss UCA/UWG: mass advertising only with prior consent or towards customers whose contact details were obtained at a sale with notice of the possibility to refuse, and only for the sender's own similar offers; every message with correct sender details and a simple, free way to refuse. For recipients abroad, the rules applicable there apply in addition. The Provider's own statutory obligations remain unaffected. In particular, the Customer warrants that they:
- establish and document both a lawful basis for processing personal data and the separate permission required to send advertising to each recipient, based on prior consent or a fully applicable statutory exception; a public business address, personalisation or the Customer's own approval is not sufficient on its own;
- fulfil the information duties towards the data subjects under Art. 19 FADP, unless an exception under Art. 20 FADP applies;
- do not send spam, do not use unlawfully obtained or purchased address lists, and do not send misleading, harassing, defamatory or otherwise illegal content;
- do not remove or circumvent the sender identification and unsubscribe mechanisms that ThePilot adds to every outreach e-mail;
- respect unsubscribes (which the platform enforces platform-wide, as far as the address is recognisable);
- do not attack, overload or misuse the platform.
Misuse, spam, contacting purchased lists without a legal basis, or attacks on the platform entitle the Provider to immediate suspension.
5. Indemnification
The Customer shall indemnify and hold the Provider harmless from and against any third-party claims, proceedings, fines and reasonable costs (including legal fees) arising from messages the Customer sends via ThePilot or from the Customer's breach of Section 4. This reflects that the Customer controls content and recipients.
6. AI output
AI-generated texts are suggestions. They may be inaccurate. The Customer reviews them before sending and is responsible for the messages actually sent.
7. Prices and payment
The prices shown at the time of order apply (CHF, plus any VAT). Billing is monthly in advance. In case of late payment, access may be suspended after a reminder.
8. Term and cancellation
Contracts run monthly and renew for another month unless cancelled. Either party may cancel to the end of the current billing period (in the app or by e-mail). Periods already paid are not refunded pro rata (see Refund Policy).
9. Data
The Customer's content (leads, mails, settings) remains the Customer's property. The Provider processes personal data per the Privacy Policy. We provide a data processing agreement (Art. 9 FADP, Art. 28 GDPR) on request; where it is legally required, it is concluded before the relevant processing begins, and this clause does not replace it. The Customer approves the processors named in the Privacy Policy; we give advance notice of changes, and the Customer may object. After the contract ends, Customer data is deleted within 90 days, unless statutory retention obligations apply.
10. Liability
The Provider is liable without limitation for unlawful intent and gross negligence. Any further liability — in particular for lost profit, loss of data despite contractually compliant backup, consequential damages, and for the content of messages sent by the Customer — is excluded to the extent permitted by law.
11. Governing law & jurisdiction
These Terms and any dispute, claim or matter arising out of or in connection with them are governed exclusively by Swiss substantive law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules. The exclusive place of jurisdiction is Zug, Switzerland (the Provider's registered seat). Should individual provisions be invalid, the remainder of the contract stays in force.