General Terms and Conditions

As of September 2026 · Draft for approval (legal review recommended)

1. Contracting party and scope

These General Terms and Conditions (T&C) apply to all agreements between GIGATOP · Fabio Serpa, Hinterhöfenstrasse 8, 6312 Steinhausen ZG, Switzerland ("Provider") and its customers concerning the subscription services GIGATOP Flat and GIGATOP BYOD. Any conflicting terms of the customer apply only if expressly accepted by the Provider in writing.

2. Services

GIGATOP Flat includes: AI hardware supplied by the Provider (rental item, located at the customer's premises), setup of one to two jointly defined use cases on the customer's documents and processes, and support, maintenance and model updates.

GIGATOP BYOD includes the same services on hardware provided by the customer and assessed as suitable by the Provider.

The Provider owes best efforts, not a specific economic outcome. Concrete commitments on scope follow solely from the respective order confirmation.

3. Conclusion of contract, free onboarding, start of billing

The contract is concluded upon completion of online checkout (card registration) and subsequent activation by the Provider. The customer receives three months of free onboarding (trial) from activation. Billing begins on the day the setup is jointly confirmed to be usable (at the latest upon expiry of the trial). Until then, cancellation is possible without consequence.

4. Price and payment

Prices are monthly amounts in CHF, net (no VAT shown below the CHF 100,000 annual turnover threshold under Swiss law). Payment is collected via the payment processor Stripe from the card registered at checkout; the first charge occurs after the trial, monthly thereafter on the corresponding day. Any agreed POC fee is credited as stated on the website.

If a charge fails, the customer is automatically prompted to update payment details. If payment is not remedied within 14 days, the service is suspended; after a further reminder the Provider may withdraw from the contract. Amounts already paid for current periods are not refunded.

5. Term and termination

After the trial, the subscription runs monthly and may be terminated at any time effective at the end of the current billing period — via the customer portal, without stating reasons. Upon termination taking effect, access is disabled and Provider-supplied hardware (Flat) is collected within 30 days.

6. Data protection and confidentiality

The Provider processes personal data of the customer and its document holdings exclusively within the customer's environment and in accordance with Swiss law (FADP). Details in the Privacy Policy. Both parties treat the other's trade secrets confidentially, beyond the term of the agreement.

7. Customer cooperation

The customer provides power, network and a suitable location, and designates a person for approvals and questions. The customer warrants that it holds the necessary rights to the documents and data released for processing.

8. Liability

The Provider is liable for intent and gross negligence, including by assistants. Liability for slight negligence is excluded to the extent legally permitted; for failure of Flat hardware, liability is limited to repair or replacement of the device. The Provider takes reasonable security measures; final responsibility for approving AI outputs remains with the customer (human gate).

9. Final provisions

Swiss law applies exclusively. The place of jurisdiction is the Provider's registered office (Steinhausen ZG / Canton Zug). If individual provisions are invalid, the remainder of the agreement stays in force; the invalid provision is replaced by a valid one closest to its purpose.