For the use of the getProspects SaaS platform — Last updated: October 2025
1.1 These Terms of Service ("Terms") govern the use of the online platform getProspects, operated by Shift AI AG, Kalchbühlstrasse 40, 7000 Chur, Switzerland, company registration number CHE-409.754.857 (hereinafter "Provider").
1.2 The contracting party is the natural or legal person ("User") who registers on the platform or uses the service.
1.3 Any deviating or conflicting terms of the User shall not be recognised unless the Provider expressly agrees to them in writing.
1.4 These Terms also apply to future contracts, even if no renewed express reference is made to them.
1.5 The service is intended exclusively for commercial users (enterprises and sole traders acting in a commercial capacity). Consumer use is excluded.
2.1 getProspects is a cloud-based SaaS solution for lead research, data enrichment, e-mail and outreach automation, CRM management, AI-generated text and video creation, and interaction tracking.
2.2 The Provider supplies the technical infrastructure only. No specific commercial result (e.g. reply rate, deliverability, or revenue increase) is warranted.
2.3 The software is built on a modular architecture including, among others:
2.4 The Provider may implement feature changes, security updates, or UI adjustments at any time, provided these do not materially impair the core purpose of the platform.
2.5 Content, guidance, templates, or AI-generated outputs do not constitute legal advice. The Provider does not vet uploaded or processed data / content for legal compliance (e.g. Swiss DSG, EU GDPR, UCA, ePrivacy), and accepts no responsibility for deliverability, list hygiene, or output quality.
2.6 The software uses AI. Data and content uploaded or processed by the User may be used in anonymised form to train and further develop the AI and the software. This is necessary to allow the AI and the software to reach their full potential. The User consents to this use of the data and content they provide.
3.1 Registration is required to use the platform. The User must provide accurate and complete information.
3.2 Login credentials must be kept confidential. Sharing credentials with third parties is prohibited.
3.3 The Provider may suspend or delete user accounts if there is reason to suspect misuse, a legal violation, or unfair use.
4.1 The User is solely responsible for:
The User remains solely responsible for the lawfulness of data processing, the content used, and associated processes when using integrations or API interfaces to third-party systems.
4.2 The Provider does not verify the legal basis or the content of data, content, or messages processed by the User.
4.3 The User may only upload or process content and data for which they hold all necessary rights.
4.4 The User must comply with all applicable laws, in particular the Swiss Federal Act against Unfair Competition (UCA; SR 241), the Swiss Federal Act on Data Protection (FADP / nDSG; SR 235.1), the EU GDPR (where applicable), the ePrivacy Directive, and intellectual property legislation.
4.5 The Provider accepts no responsibility for the lawfulness of e-mail campaigns, contact initiations, or other marketing measures carried out via the platform. The User is solely responsible for ensuring that every message sent through the platform is lawful and does not constitute unsolicited commercial communication under the Swiss UCA or any equivalent legislation in other jurisdictions.
4.6 Co-operation duties: The User is responsible for the correct configuration of their sending infrastructure (including sender domains, DNS records such as SPF / DKIM / DMARC, and bounce handling) as well as for maintaining the quality and accuracy of their data.
5.1 In the context of data protection law, the Provider acts as a processor within the meaning of Art. 5(k) Swiss FADP and Art. 4(8) EU GDPR.
5.2 A separate Data Processing Agreement (DPA) may be concluded electronically.
6.1 The Provider uses third-party services to deliver the platform (e.g. OpenAI LLC, Microsoft Azure, Nylas, Scrapingbee, Dropcontact, Hunter, Peanuts SaaS Studio, FFmpeg).
6.2 The User acknowledges and agrees that data and content provided by them may be technically transmitted to these partners to the extent required for service delivery.
6.3 The Provider is not liable for disruptions, outages, or data errors attributable to third-party providers.
6.4 The Provider may offer optional interfaces (APIs) and integrations with external systems (e.g. Shopify, WooCommerce, HubSpot, Zapier, or comparable services) solely as a technical connection facility. The Provider accepts no responsibility for the availability, functionality, data integrity, or security of such third-party systems or their APIs.
6.5 The User is solely responsible for the lawfulness of data transfers or synchronisations via API or e-commerce integrations, obtaining the required consents or opt-ins, and complying with the data protection and usage terms of the respective third-party platforms.
6.6 The Provider reserves the right to modify, deactivate, or adjust integrations or APIs at any time for technical, security-related, or legal reasons. The User has no right to the permanent availability of specific integrations or API endpoints.
6.7 The Provider is not liable for data loss, transmission errors, system incompatibilities, third-party outages, or any other damages resulting from the use or malfunction of external interfaces. Use of integrations is at the User's own risk.
6.8 API access requires the secure storage of individual API keys; sharing them with third parties is prohibited.
6.9 The Provider may set rate limits, quotas, and fair-use limits and adjust these dynamically.
6.10 Violations attributable to the User (excessive load, circumvention of limits, insecure clients) entitle the Provider to immediately throttle or block access.
6.11 Sandbox / developer environments are not intended for production data.
7.1 Content, texts, analyses, or suggestions generated by AI models (e.g. OpenAI GPT-4o, Whisper, Perplexity) serve exclusively as supporting tools.
7.2 The Provider accepts no responsibility for the accuracy, completeness, legal compliance, or suitability of AI-generated content.
7.3 The User is required to independently review all AI-generated content for accuracy and lawfulness before use or dispatch, and to label it as AI-generated in accordance with applicable regulations (in particular the EU AI Act where applicable).
7.4 Features labelled "Beta", "Labs", or "Preview" are provided "as is" without warranty and may be modified or discontinued at any time.
7.5 AI output may be factually incorrect, incomplete, or legally impermissible; the User must independently review content before use.
7.6 The Provider may revoke beta access at any time.
8.1 Any use of the service that violates these Terms or applicable law is prohibited. This includes in particular:
8.2 The User expressly indemnifies and holds harmless the Provider from all claims, costs, fines, cease-and-desist letters, or damages arising from unlawful or non-compliant use of the platform, in particular from violations of the Swiss UCA, Swiss FADP, EU GDPR, ePrivacy rules, or similar communications and advertising regulations.
9.1 The Provider aims to achieve the highest possible availability of the platform but provides no guarantee of uninterrupted operation. Maintenance work, updates, and unforeseen technical incidents may temporarily limit availability.
9.2 Support is provided within the scope of the subscribed plan. Planned maintenance windows will be communicated with reasonable advance notice where possible.
10.1 The Provider warrants that the platform will function substantially as described in these Terms. The User acknowledges that entirely error-free software does not exist. Furthermore, artificial intelligence is a rapidly evolving technology subject to changing legal frameworks. Beyond this provision, the Provider excludes all warranty, in particular any warranty as to freedom from defects, availability, compatibility, or the accuracy of processed or output data and / or content.
10.2 The User must report defects in writing within three business days in sufficient detail to allow reproduction. Upon timely notification, the Provider will remedy defects by way of improvement, which may include a workaround or a new platform version.
10.3 The Provider's liability is limited to cases of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) under Art. 97 et seq. and Art. 41 et seq. Swiss OR. Liability for slight negligence is excluded to the maximum extent permitted by Swiss law.
10.4 The Provider is not liable for content, recipient lists, campaigns, or messages that the User processes or sends via the platform.
10.5 The User acknowledges that getProspects is not a data hosting solution. The User is solely responsible for backing up their own data against damage, unauthorised access, or loss. Any liability of the Provider for data corruption, data loss, or the consequences thereof is excluded.
10.6 To the extent that liability cannot be excluded under mandatory Swiss law, the Provider's aggregate liability for any claim is limited to the fees paid by the User in the three months preceding the event giving rise to the claim.
11.1 Both parties shall treat all non-public business, operational, and technical information of the other party as strictly confidential and use it solely for the purpose of performing the contract. This obligation survives termination of the contract for five years.
11.2 Upon credible evidence of legal infringement, the Provider may temporarily suspend the relevant content and notify the affected User; the User must submit a response or evidence within a reasonable period. If the infringement is not credibly resolved, the Provider is entitled to delete the content and / or block the User's access.
12.1 The contract for the use of getProspects is concluded as a monthly rolling subscription. The subscription renews automatically for a further month unless terminated by the User before the end of the current billing period.
12.2 Termination may be effected at any time with effect from the end of the current billing month, via the user account or in text form (e.g. by e-mail). After the termination takes effect, access ends automatically at the expiry of the booked period.
12.3 There is no minimum contract term, no long-term commitment, and no refund of amounts already paid for any commenced billing period.
12.4 Subscription fees are payable in advance via the payment methods offered by the Provider (e.g. credit card, Stripe, PayPal, or comparable payment service providers). Payment processing is handled by certified third-party providers that are PCI-DSS compliant.
12.5 The User may additionally purchase tokens that unlock certain features. Tokens paid for but not yet consumed at the time of ordinary termination may still be used; no refund is possible.
12.6 The right to extraordinary termination remains unaffected. The Provider is entitled to block or terminate access without notice in the event of a material breach of applicable law or these Terms, or misuse of the platform. In such cases, any unconsumed tokens are forfeited.
12.7 All prices are exclusive of applicable Swiss VAT (MWST) and other statutory charges. Invoices are due immediately unless otherwise stated. In the event of payment default, the Provider may, after issuing a reminder, suspend access until payment is received. This does not affect the User's payment obligation. The User bears any bank charges or chargeback fees arising from disputed transactions initiated by them. Price changes for future billing periods will be communicated at least 30 days before they take effect.
12.8 The Provider may offer trial accounts ("trial" or "demo") with limited features or duration; these Terms apply equally to trial accounts. Unless otherwise agreed, a trial account ends automatically after 14 days without requiring termination. After the trial period expires, all data stored in the trial account will be deleted within 30 days unless a paid subscription has been concluded.
12.9 After the contract ends, the User may export available data in a standard machine-readable format within 30 days. After this period, the Provider deletes data from production systems in the course of regular cycles, unless statutory retention obligations apply.
12.10 The User may only exercise a right of set-off or retention with respect to claims that are undisputed or established by final judgment.
13.1 All rights — including copyright, trade mark, database, design, and other intellectual property rights — in the software, source code, system architecture, database structures, frontend and backend design, APIs, logos, content, and all technical and conceptual elements of the getProspects platform remain exclusively with the Provider.
13.2 For the duration of the contract, the User receives a simple, non-transferable, revocable right to use the service for its intended purpose. Any transfer, sub-licensing, reproduction, publication, or commercial use is prohibited.
13.3 Ideas, suggestions, improvement proposals, technical concepts, feedback, or similar contributions ("Feedback") submitted by the User in connection with the use of getProspects may be used by the Provider without restriction, globally, in perpetuity, free of charge, and licence-free, and may be incorporated into products, features, or services. The User waives any copyright or neighbouring rights claims in this respect.
13.4 Data, prompts, campaign templates, or configurations created, generated, or stored by the User in getProspects — insofar as they do not contain personal data of third parties — form part of the platform logic and may be used by the Provider in anonymised form for optimisation, analysis, further development, or quality assurance.
13.5 Any use, adaptation, decompilation, translation, reverse engineering, or other modification of the software is prohibited unless expressly permitted by mandatory law or authorised by the Provider in writing.
14.1 Both parties undertake to ensure the protection of personal data in their respective sphere in accordance with the Swiss Federal Act on Data Protection (FADP / nDSG; SR 235.1), the EU GDPR (where applicable), and all other relevant data protection regulations.
14.2 The Provider is entitled to process anonymised or aggregated usage and system data for quality assurance and service improvement, provided no inference can be drawn to identifiable individuals or specific customer data.
14.3 Further information on data processing, cookies, tracking technologies, and data subject rights can be found in our Privacy Policy.
15.1 The Provider may amend these Terms for good cause (e.g. changes in law, new features, or changes in business model).
15.2 Changes will be communicated to the User at least 14 days before they take effect, by e-mail or in-app notification.
15.3 If the User does not object within this period, the changes are deemed accepted.
16.1 These Terms are governed exclusively by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Swiss private international law (IPRG) conflict-of-law rules.
16.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Chur, Canton Graubünden, Switzerland.
16.3 Should any individual provision be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent of the invalid provision.
16.4 The language of the contract is English. Any German or other translations of these Terms or other contractual documents serve for information purposes only. In the event of discrepancies or conflicts, the English version shall be binding.
16.5 Neither party shall be liable for delays or non-performance caused by events beyond their reasonable control (e.g. cloud/network infrastructure outages, governmental orders, war, strikes, pandemics). Performance periods are extended by the duration of the disruption.
16.6 The User warrants compliance with applicable export control, sanctions, and embargo regulations and undertakes not to use the service in prohibited countries, sectors, or for prohibited purposes.
16.7 Neither party may assign rights or obligations under these Terms without the prior written consent of the other party. The Provider is however entitled to transfer the contract to affiliated companies or to engage sub-processors.
16.8 The Provider may reference the User's name and logo as a client reference in marketing materials and on its website, unless the User objects in writing.
Last updated: October 2025 — © 2025 Shift AI AG – getProspects.io
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