Gopf Terms and Conditions

Version 1.0 · Last updated 11 November 2026

These Terms and Conditions ("Terms") govern the use of the Gopf platform and related services provided by Gopf AG, Wilhelmshöhe 1, 6003 Lucerne, Switzerland ("Gopf") to the business customer named in an Order Form or for whom Gopf sets up a workspace ("Customer"). Gopf and the Customer are each a "Party" and together the "Parties".

1. Definitions

• Agreement: the Order Form, the Data Processing Agreement and these Terms.
• Order Form: the document or written confirmation (including by e-mail) in which the Parties agree the commercial details, such as Fees, Seats, Start Date and Term.
• Solution: Gopf's AI and data analytics software and related services, provided as a hosted service through the web application, by e-mail and other delivery channels, or through APIs and connectors.
• Input Data: data and content that the Customer or its Users enter into or upload to the Solution, including company information, documents, questions, instructions and settings.
• Output Data: content that the Solution generates for the Customer, such as signals, reports, assessments, chat answers and exports.
• AI Outputs: Output Data generated using artificial intelligence, including large language models.
• Third-Party Content: content from public or third-party sources that the Solution collects, links to, summarises or displays, such as news articles, websites, public tenders, regulatory publications and statistical data.
• Feedback: ratings, comments and similar reactions that Users give on Output Data or on the Solution.
• Users: the Customer's employees and contractors whom the Customer authorises to use the Solution.
• Trial: a free, time-limited workspace that Gopf sets up for evaluation.
• Data Processing Agreement or DPA: Gopf's data processing agreement, which Gopf provides to the Customer with the Order Form or on request and which forms part of the Agreement.

2. Scope and conclusion of the Agreement

2.1 The Solution is offered to businesses and other organisations only. It is not offered to consumers. The person accepting the Agreement confirms that they are authorised to bind the Customer.

2.2 The Agreement is concluded when the Parties sign an Order Form, when the Customer accepts an offer from Gopf in writing (including by e-mail), or when the Customer first uses a workspace that Gopf has set up for it, whichever happens first.

2.3 If the documents conflict, the following order applies: (1) the Order Form, (2) the DPA for matters of personal data protection, (3) these Terms. The Customer's own general terms and conditions do not apply, even if Gopf does not expressly object to them.

3. Trial

3.1 Unless agreed otherwise, a Trial lasts 14 days from the day Gopf sets up the workspace. Gopf may extend or end a Trial at any time.

3.2 A Trial is free of charge. Sections 7 (service levels) and 13 (IP indemnity) do not apply to a Trial. The Solution is provided "as is" during a Trial, and Gopf's liability is excluded to the extent permitted by law.

3.3 If the Customer does not enter into a paid subscription by the end of the Trial, Gopf will deactivate the workspace and delete the Input Data and Output Data in accordance with section 16.5.

4. Access and accounts

4.1 During the Term, Gopf grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Solution for its internal business purposes, for the number of Seats stated in the Order Form.

4.2 The Customer decides which Users receive access and is responsible for their compliance with the Agreement. The Customer is responsible for all activities conducted through its accounts.

4.3 The Customer must keep account credentials and access keys confidential, must not share them with third parties, and must notify Gopf without delay if it suspects that credentials have been lost or stolen or that an account is compromised.

4.4 Affiliates of the Customer may use the Solution only if the Order Form says so.

5. Permitted use and restrictions

5.1 The Customer may use Output Data for its business purposes, including commercial purposes. It may create presentations, research, statistics and reports based on Output Data and may share them with third parties, subject to section 9 (Third-Party Content).

5.2 The Customer must not, and must not allow others to:

• resell, sublicense, rent or otherwise make the Solution available to third parties, or use it on behalf of third parties;
• reverse engineer, decompile or copy the Solution, or attempt to extract its source code, models or prompts;
• use the Solution to build or improve a competing product or service;
• circumvent technical limits or security measures, or access the Solution by automated means other than the interfaces Gopf provides;
• use the Solution for illegal, harmful, discriminatory, violent or pornographic purposes, or in breach of applicable laws;
• upload Input Data that infringes third-party rights or that the Customer is not entitled to share;
• upload special categories of personal data (such as health data) or personal data of children.

5.3 The Customer must take appropriate technical and organisational measures to restrict access to the Solution to its Users.

5.4 Some features let the Customer share content through public links that work without a login. The Customer alone decides whether to create such links and is responsible for what it shares through them.

5.5 Gopf may suspend access to the Solution if the Customer breaches this section 5 or if a suspension is necessary to protect the Solution, other customers or third parties. Gopf will notify the Customer in advance where reasonably possible and will restore access once the cause has been resolved.

6. Changes to the Solution and beta features

6.1 Gopf continuously develops the Solution and may change, add or remove features. Gopf will not materially reduce the core functionality of the Solution during a Term.

6.2 Gopf may offer features that are marked as beta, preview or proof of concept. These features are provided "as is", are not covered by section 7, and may be changed or withdrawn at any time.

7. Service levels and support

7.1 Gopf will make the web application of the Solution available at least 99% of the time in each calendar month ("Uptime Commitment").

7.2 The following are not counted as downtime: (a) planned maintenance that Gopf announces at least 48 hours in advance; (b) events outside Gopf's reasonable control, including failures of the internet, of the Customer's systems or of third-party delivery channels; (c) suspensions under these Terms; (d) unavailability of individual data sources, beta features or Third-Party Content.

7.3 If Gopf does not meet the Uptime Commitment in a calendar month, the Customer may claim a service credit of 5% of the Fees attributable to that month for each full percentage point below 99%, up to a maximum of 25% of the Fees attributable to that month. The Customer must claim the credit in writing within 30 days after the end of that month. Gopf deducts service credits from the next invoice. Service credits are the Customer's only remedy for a failure to meet the Uptime Commitment.

7.4 Gopf provides support by e-mail at support@gopf.com on business days in Lucerne, Switzerland, and will make reasonable efforts to respond promptly. Apart from the Uptime Commitment, the Solution is provided as available and Gopf does not commit to response or resolution times.

8. Artificial intelligence

8.1 The Solution uses artificial intelligence and large language models to generate AI Outputs. AI Outputs are provided for information only and are not professional advice of any kind.

8.2 AI Outputs can contain errors, omissions, outdated information, bias or invented facts. Gopf uses reasonable efforts to reduce these risks but does not warrant that AI Outputs are accurate, complete, current or fit for a particular purpose.

8.3 The Solution is not designed for use in regulated areas and does not provide medical, financial, legal, tax or other regulated information or advice.

8.4 The Customer must have AI Outputs reviewed by a qualified person before it relies on them. The Customer alone is responsible for the decisions it makes and the actions it takes based on the Solution or on Output Data, including actions taken by its automated workflows or AI agents that use Output Data.

9. Third-Party Content

9.1 The Solution collects, summarises and links to Third-Party Content. Third-Party Content belongs to its respective owners. Gopf does not check, endorse or warrant Third-Party Content and is not responsible for its accuracy or availability.

9.2 The Customer may use Third-Party Content shown in the Solution for its internal information purposes. If the Customer wants to republish or distribute Third-Party Content outside its organisation, it is responsible for complying with the terms of the original source, including any attribution requirements.

9.3 Sources can change or become unavailable. Gopf may add, replace or remove data sources at any time.

10. Third-party channels and integrations

10.1 The Customer may choose to receive Output Data through third-party channels or to connect third-party tools, for example collaboration and messaging tools, or an AI assistant connected through a connector that Gopf provides. These options are switched off unless the Customer or a User enables them.

10.2 If the Customer enables such a channel or tool, Gopf sends the relevant data to the provider of that channel or tool. The provider's use of the data is governed by the terms between the Customer or the User and that provider. Gopf is not responsible for third-party channels and tools.

11. Fees and payment

11.1 The Customer pays the Fees stated in the Order Form. Unless the Order Form says otherwise, Fees are in Swiss francs (CHF), exclude VAT and other applicable taxes, are invoiced annually in advance, and are payable within 14 days of the invoice date.

11.2 Late payments bear interest at 5% per year. If the Customer does not pay an overdue invoice within 10 days after a written reminder, Gopf may suspend access to the Solution until payment is received.

11.3 Gopf may change the Fees with effect from the start of a Renewal Term by giving written notice at least 60 days before that Renewal Term starts. Fees do not change during the Initial Term.

11.4 Fees are non-refundable, except where these Terms expressly provide for a refund or where the law requires one.

12. Intellectual property and data

12.1 Each Party keeps all rights in its own intellectual property. All rights in the Solution, including its software, models, prompts, methods, documentation and improvements, remain with Gopf. The Customer receives only the rights of use set out in the Agreement.

12.2 As between the Parties, the Customer owns its Input Data and the Output Data generated for it. This does not include the Solution itself, Third-Party Content, or data and content that Gopf provides to several customers. Other customers may receive similar or identical Output Data, in particular where it is based on the same public sources.

12.3 The Customer grants Gopf a non-exclusive right to host, process and use Input Data and Output Data during the Term to the extent necessary to provide, secure and support the Solution. Gopf may engage subcontractors for this purpose in accordance with the DPA.

12.4 No model training. Gopf does not use Input Data or Output Data to train or fine-tune artificial intelligence models, and Gopf's AI model provider is contractually prohibited from doing so. Section 12.6 describes the exception that applies to web search queries.

12.5 Feedback and usage data. Gopf may use Feedback and data about how the Solution is used to measure and improve the quality, relevance and performance of the Solution. Gopf may use suggestions for improvement without restriction and without payment.

12.6 Web search. Research features of the Solution send search queries to external web search providers in the United States. These queries can be derived from Input Data, for example company names, topics and questions. These providers may store queries and results and may use them to improve their own services, including by training their models. Gopf does not send uploaded documents to web search providers.

13. IP indemnity by Gopf

13.1 If a third party claims that the Customer's use of the Solution in accordance with the Agreement infringes its intellectual property rights, Gopf will defend the Customer against the claim and pay the damages and costs finally awarded by a court or agreed by Gopf in a settlement.

13.2 This applies only if the Customer notifies Gopf of the claim without delay, gives Gopf sole control of the defence and settlement, and provides reasonable assistance.

13.3 If such a claim is made or is likely, Gopf may at its choice (a) obtain the right for the Customer to continue using the Solution, (b) change or replace the affected part so that it no longer infringes, or (c) terminate the Agreement and refund the prepaid Fees for the unused part of the Term.

13.4 Gopf has no obligation under this section 13 for claims that arise from Input Data, Third-Party Content, AI Outputs, use of the Solution in breach of the Agreement, or the combination of the Solution with products or data not provided by Gopf.

13.5 This section 13 sets out Gopf's entire liability for infringement of third-party intellectual property rights and is subject to the limit in section 15.2.

14. Warranties and Customer indemnity

14.1 Gopf will provide the Solution with reasonable care and skill. Apart from this and from the Uptime Commitment, the Solution and all Output Data are provided "as is" and "as available". To the extent permitted by law, Gopf excludes all other warranties, whether express, implied or statutory.

14.2 The Customer warrants that it has the rights needed to provide the Input Data to Gopf and that Gopf's use of the Input Data in accordance with the Agreement does not infringe third-party rights or applicable law.

14.3 The Customer will defend and indemnify Gopf against third-party claims that arise from (a) Input Data, (b) the Customer's use of the Solution or of Output Data in breach of the Agreement or of applicable law, or (c) decisions or actions that the Customer or its Users take based on Output Data.

15. Limitation of liability

15.1 Gopf's liability is unlimited for damage caused by wilful misconduct or gross negligence, for personal injury, and in all other cases where the law does not permit a limitation.

15.2 In all other cases, Gopf's total liability under or in connection with the Agreement is limited to the Fees the Customer paid to Gopf for the 12 months before the event that gave rise to the claim.

15.3 Subject to section 15.1, Gopf is not liable for loss of profit or revenue, loss of business or contracts, loss or corruption of data, or indirect or consequential damage. Gopf is not liable for the conduct of auxiliary persons, to the extent permitted by law.

15.4 Subject to section 15.1, Gopf is not liable for the accuracy or completeness of Output Data or Third-Party Content, or for the suitability of the Solution for a particular objective of the Customer.

16. Term and termination

16.1 The Agreement starts on the Start Date and runs for the initial term stated in the Order Form ("Initial Term"). Unless the Order Form says otherwise, the Initial Term is two years.

16.2 After the Initial Term, the Agreement renews automatically for successive periods of 12 months (each a "Renewal Term"), unless a Party gives written notice of non-renewal at least four weeks before the end of the Initial Term. The Initial Term and each Renewal Term are together the "Term".

16.3 During a Renewal Term, either Party may terminate the Agreement at any time by giving four weeks' written notice. If Gopf terminates under this section, it refunds the prepaid Fees for the unused part of the Renewal Term. If the Customer terminates under this section, prepaid Fees are not refunded.

16.4 Either Party may terminate the Agreement with immediate effect by written notice if the other Party (a) materially breaches the Agreement and does not remedy the breach within 30 days after written notice, or (b) becomes insolvent or subject to bankruptcy or composition proceedings. A failure to pay Fees that continues for 30 days after a written reminder is a material breach. If the Customer terminates under this section because of Gopf's breach, Gopf refunds the prepaid Fees for the unused part of the Term.

16.5 When the Agreement ends, the Customer's right to use the Solution ends. For 30 days after the end of the Agreement, Gopf will provide the Customer with an export of its Input Data and Output Data in a common format on request. Gopf then deletes the Customer's Input Data and Output Data from its production systems within 30 days. Copies in backups are overwritten within six months. Gopf may keep data that it is legally required to retain.

16.6 Termination does not affect rights and obligations that have accrued before termination or that are intended to continue after it, in particular sections 8, 12, 14, 15, 17 and 21.

17. Confidentiality

17.1 "Confidential Information" is all information that a Party discloses to the other in connection with the Agreement and that is marked as confidential or that a reasonable person would consider confidential. It includes the Customer's Input Data, the non-public parts of the Solution, the DPA, and the information about security measures and subprocessors that Gopf provides.

17.2 Information is not Confidential Information if it is or becomes public without a breach of the Agreement, was lawfully known to or received by the receiving Party without a duty of confidentiality, or was independently developed by the receiving Party.

17.3 Each Party will use the other Party's Confidential Information only to perform the Agreement, will protect it with reasonable care, and will disclose it only to employees, subcontractors, auditors and professional advisers who need to know it and are bound by confidentiality duties. A Party may disclose Confidential Information if the law or an authority requires it and will inform the other Party beforehand where this is permitted.

17.4 These obligations continue for five years after the end of the Agreement, and for trade secrets for as long as they remain secret.

18. Data protection and security

18.1 Where Gopf processes personal data on behalf of the Customer, the DPA applies. Gopf's processing of personal data as a controller, for example for account administration and communication, is described in Gopf's Privacy Policy.

18.2 Gopf maintains appropriate technical and organisational measures to protect Input Data and Output Data. These are described in the DPA. Gopf's information security practices follow the ISO/IEC 27001 standard.

18.3 The Solution stores Input Data and Output Data in Switzerland. AI processing takes place in the European Union. Some subprocessors process data in other countries, including the United States. Gopf provides the current list of subprocessors and processing locations to customers, and to prospective customers under a confidentiality agreement, on request to support@gopf.com.

18.4 Use of the Solution is not anonymous. Gopf may monitor use of the Solution to operate, secure and improve it and to verify compliance with the Agreement.

18.5 Gopf notifies the Customer without undue delay if it becomes aware of a security breach that affects the Customer's Input Data or Output Data.

19. Reference

Gopf may name the Customer as a customer and use the Customer's name and logo on its website and in sales and marketing materials. Gopf will not disclose Confidential Information or content from the Customer's workspace when doing so. The Customer may withdraw this permission at any time by written notice, and Gopf will then remove the name and logo within a reasonable time.

20. Changes to these Terms

20.1 Gopf may change these Terms. Gopf will notify the Customer by e-mail at least 30 days before a change takes effect.

20.2 If the Customer objects to a change that is materially to its disadvantage, it may terminate the Agreement by written notice before the change takes effect. In that case the Agreement ends on the day the change would have taken effect, and Gopf refunds the prepaid Fees for the unused part of the Term. If the Customer does not terminate, the changed Terms apply from the effective date.

21. General

21.1 Entire agreement. The Agreement is the entire agreement between the Parties on its subject matter and replaces all earlier agreements and understandings on that subject matter.

21.2 Notices. Notices must be in writing; e-mail is sufficient. Notices to Gopf go to info@gopf.com. Notices to the Customer go to the last e-mail address the Customer provided for this purpose. The Customer is responsible for keeping its contact details current.

21.3 Assignment. The Customer may not assign or transfer the Agreement, or rights or obligations under it, without Gopf's prior written consent. Gopf may assign the Agreement to an affiliate or to a successor in a merger, acquisition or sale of its business.

21.4 Subcontractors. Gopf may use subcontractors to provide the Solution and remains responsible for their performance.

21.5 Force majeure. Neither Party is liable for a failure or delay in performance caused by events outside its reasonable control. This does not apply to payment obligations.

21.6 Sanctions and export control. The Customer confirms that neither it nor its Users are subject to sanctions of Switzerland, the European Union, the United Kingdom or the United States, and that it will not use the Solution in breach of applicable sanctions or export control laws.

21.7 Severability. If a provision of the Agreement is invalid or unenforceable, the remaining provisions stay in effect. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

21.8 Language. The Agreement is concluded in English. If a translation is provided, the English version prevails.

21.9 Governing law and jurisdiction. The Agreement and all claims arising out of or in connection with it are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts at the registered seat of Gopf in Lucerne, Switzerland, have exclusive jurisdiction.

Contact

Gopf AG, Wilhelmshöhe 1, 6003 Lucerne, Switzerland – info@gopf.com