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Terms of Service

Last updated: May 29, 2026

Version: 2.0
Effective date: May 29, 2026
Supersedes: Terms of Service dated January 2026

1. The agreement

These Terms of Service ("Terms") form a binding agreement between skilder.ai Ltd. (the "skilder platform", "skilder", "we", "us", "our"), a Swiss limited liability company with its registered office in Buchillon (Canton of Vaud), Switzerland, and the person or organisation accessing or using the Services ("you", "Customer").

By accessing or using the Services you accept these Terms. If you do not accept them, you must not access or use the Services. If you accept these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.

The Services comprise:

  • the skilder hosted platform (web application, APIs, control plane), including the workspace environment in which you create and manage Skills, Hats, and MCP servers registered to your workspace;
  • the skilder catalogue, marketplaces, registries, and connector integrations (including MCP Tools, connectors to third-party data sources and applications);
  • the skilder-managed model routing and tool execution endpoints;
  • support, documentation, and pilots offered under these Terms;
  • the Privacy Policy, which is part of these Terms;
  • any order forms, plan terms, or service-level agreements that reference these Terms.

The open-source components of the skilder runtime and the skilder MCP Server distributed via package registries are licensed separately under their published licences (see §17); these Terms govern use of the hosted Services, not the open-source software in itself.

2. Purpose of skilder

The Services enable organisations to design, package, govern, deploy, and execute:

  • Skills, units of instructions, context, and tools;
  • Hats, composed AI roles or identities that bundle Skills together;
  • MCP Tools, connectors to third-party data sources and applications, exposed to AI agents through the Model Context Protocol;
  • and related artefacts (collectively, "Customer Artefacts"),

for use by AI agents across multiple AI clients, frameworks, and models.

skilder does not provide legal, financial, medical, regulated, or professional advice. All outputs generated through the Services remain under the responsibility of the Customer.

3. Eligibility and authority

You may use the Services only if:

  • you are at least 18 years old, or the age of majority in your jurisdiction if higher; and
  • you have authority to bind yourself or the organisation you represent.

The age requirement in this Section applies to account holders and Users only. It does not apply to end-users of Customer-built experiences (for example, end-users reached through the Chat SDK or an embedded Hat), whose eligibility, including any minimum-age requirements, is the Customer's responsibility.

4. Accounts, access, and security

4.1 Account creation

Access to most features requires an account. You agree to provide accurate, complete, and current information and to keep it up to date.

4.2 Credentials

You are responsible for safeguarding your credentials and for all activities under your account. You must enable multi-factor authentication where we offer it. Notify us promptly at contact@skilder.ai (mark the message "security") if you suspect unauthorised access.

4.3 Workspaces and governance

A Customer may operate one or several workspaces, depending on its subscription. For each workspace, the Customer is responsible for configuring User roles, permissions, access policies, sharing settings, retention settings, and the scope of any integrations or MCP Tools connected to that workspace.

Where a Customer operates multiple workspaces, each workspace is treated as a separate processing environment under §10.1, and the Customer remains responsible for any cross-workspace sharing it configures.

5. Customer Artefacts, license to operate, and AI training

5.1 Ownership

You retain all right, title, and interest in:

  • Skills, Hats, MCP Tools (including the connectors and configurations you create or connect), and other Customer Artefacts you create;
  • the business logic, instructions, prompts, configurations, datasets, files, and other content you provide ("Customer Content");
  • the outputs generated by AI models in response to your Customer Artefacts and Customer Content ("Outputs"), to the extent such Outputs are protectable, and subject to the rights of the third-party model providers in the underlying models.

skilder does not claim ownership of Customer Artefacts, Customer Content, or Outputs.

5.2 License to operate the Services

You grant skilder a worldwide, non-exclusive, royalty-free, sublicensable (only to our subprocessors), revocable licence to host, copy, transmit, process, and execute Customer Artefacts and Customer Content solely as necessary to operate the Services for you, to provide support you request, and to comply with law.

This licence is limited to operating the Services and to the product-improvement use described in §5.3. It does not grant skilder the right to:

  • use Customer Artefacts, Customer Content, or Outputs to develop, train, fine-tune, evaluate, or benchmark any AI model (this remains subject to opt-in consent under §5.3(a));
  • use them to build derivative products or features unrelated to operating and improving the Services for you;
  • disclose them to third parties except as required to operate the Services (our subprocessors, under written contracts; or as required by law);
  • retain them after the end of your subscription, except as set out in §13.

5.3 AI training vs. product-improvement usage data

skilder distinguishes between two different uses of your content. Different rules apply to each.

(a) AI model training, opt-in only

We will not, and we will not permit our subprocessors to, use Customer Artefacts, Customer Content, or Outputs to train, fine-tune, or evaluate any AI model unless you have given separate, written, opt-in consent, for example, by joining a named research programme, pilot, or fine-tuning agreement. This commitment is unconditional and is not affected by §5.3(b).

(b) Product-improvement usage and trace data, opt-out

To operate, debug, secure, and improve the Services we process usage and trace data generated as you use the Services. This includes execution traces of Skills and Hats, prompt and Output content captured for evaluation and debugging, error reports, support session content, and tool invocation traces (together, "Trace Data"). For workspaces other than those on the Enterprise plan, this processing is on by default and you may opt out at any time from workspace settings or by writing to contact@skilder.ai. Where you opt out, certain debugging, evaluation, and support features may be unavailable or degraded.

We rely on our legitimate interest under Art. 6(1)(f) GDPR / the equivalent provision of the Swiss nFADP for this processing, and have carried out a balancing test which is available on request. We will not retain Trace Data longer than necessary for these purposes (see retention table in §8 of the Privacy Policy), we will not use it to train AI models (which remains governed by §5.3(a)), and we will not disclose Trace Data to third parties except to our subprocessors under contract.

(c) Enterprise plan, default opt-out

For workspaces on the Enterprise plan, the processing in §5.3(b) is disabled by default. The Customer may opt in for some or all workspaces from workspace settings or by separate written agreement. Where the Enterprise Customer has not opted in, skilder will only process Trace Data to the strict minimum required to operate the Service, ensure security, and meet legal obligations.

(d) Aggregated metrics

In all cases, we may compute and use aggregated, irreversibly anonymised metrics (counts, latencies, error rates, feature-use statistics) to operate and improve the Services. These metrics do not identify you, your Users, or your Customer Content, and are not subject to (a)–(c).

5.4 Responsibility for Customer Artefacts and Outputs

You are solely responsible for:

  • the lawfulness, accuracy, and consequences of Customer Artefacts and Customer Content;
  • the decisions made or actions taken on the basis of Outputs;
  • ensuring meaningful human oversight where the use case requires it;
  • compliance with any law applicable to your use case (see §7 on AI Act allocation).

Outputs may be inaccurate, incomplete, biased, or otherwise unexpected. You must not rely on Outputs without appropriate validation.

6. Third-party AI models, tools, and BYOK

The Services are model-agnostic and framework-agnostic. You may invoke third-party AI models, tools, and APIs through the Services.

6.1 Routing through skilder-managed providers

Where you invoke a model or tool whose access is provided by skilder ("skilder-managed routing"), the relevant provider is our subprocessor for that invocation. The current list, including country of processing, is published at /legal/subprocessors. Provider terms continue to apply to that provider's underlying service, but our contract with the provider supplements those terms with the protections described in the Privacy Policy and §5.3 (no training on your content).

6.2 Third-party terms still apply

You are responsible for ensuring that your use of any third-party model or tool through the Services complies with that third party's terms. skilder is not responsible for the availability, performance, or behaviour of third-party models or tools.

6.3 Bring Your Own Key ("BYOK")

You may connect your own API keys, credentials, or accounts for third-party AI models, tools, or services ("BYOK Keys"). For BYOK:

  • Storage: BYOK Keys are stored encrypted at rest under workspace-scoped encryption keys, and decrypted only in-memory when a Skill you authorise needs them.
  • Use: BYOK Keys are used only to execute the Skills, tools, and integrations you authorise. We never use them for analytics, marketing, model training, or our own operations.
  • No key logging: we log when keys are issued, rotated, and revoked; we never log key material.
  • Rotation and revocation: you can rotate or revoke BYOK Keys at any time from workspace settings; revocation takes effect immediately for new requests, and cached credentials are discarded.
  • Allocation: for inferences carried out using your BYOK Key, the third-party provider is your subprocessor, not ours. You are responsible for your contract with that provider, including its data-protection terms, its training-on-content settings, its rate limits, its costs, and any associated suspensions or charges. skilder is not liable for issues arising from your use of third-party services through BYOK.

6.4 OAuth-connected tools

Where you authorise skilder to connect to a third-party tool through OAuth (e.g. an Infomaniak kDrive, a Google Workspace document, a Microsoft 365 mailbox), the resulting access tokens are credentials. We handle them on the terms set out in Section 6.4.2 of the Privacy Policy (encryption at rest, scope-limited use, revocation, retention).

7. Governance, audit, and the EU AI Act

skilder provides governance features such as version control, audit trails, role-based access, and review workflows. These features are tools that support your compliance; they do not replace your internal governance, risk management, or legal obligations.

EU AI Act allocation. The Customer is responsible for assessing whether the AI system it builds, deploys, or makes available using the Services is in scope of Regulation (EU) 2024/1689 (the "AI Act") and, if so, whether it constitutes a high-risk system, a general-purpose AI model, or another regulated category. The Customer is responsible for the obligations applicable to it under the AI Act in the role it occupies (provider, deployer, distributor, importer). skilder makes no representation that the Services, in themselves, satisfy any specific AI Act obligation that applies to your use case. We will provide reasonable cooperation and information necessary to support your AI Act compliance to the extent we hold it.

8. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not (and will not permit any User to):

  • use the Services to violate any applicable law, regulation, or third-party right (including intellectual property, privacy, publicity, or contractual rights);
  • upload malicious code, attempt to compromise the security or integrity of the Services, or interfere with other users' use of the Services;
  • circumvent rate limits, usage limits, or access controls;
  • build, deploy, or operate AI systems that are deceptive, manipulative, discriminatory, or otherwise prohibited under applicable law (including any AI Act prohibition);
  • reverse engineer, decompile, copy, or resell the Services, except to the extent expressly permitted by law or by the licence applicable to the open-source runtime;
  • use the Services to develop a product or service that competes with the Services.

We may suspend access without notice to address an actual or imminent security risk, breach of these Terms, or legal requirement; we will give notice as soon as reasonably practicable.

9. Confidentiality

Each party ("Recipient") will protect the other party's ("Discloser") Confidential Information using the same degree of care it uses for its own confidential information of like importance (and at least reasonable care), use it only for the purposes of these Terms, and disclose it only to its personnel and advisers who need to know and are bound by confidentiality obligations.

"Confidential Information" includes any non-public information disclosed by one party to the other and either marked confidential or that a reasonable person would understand to be confidential, including Customer Content, the non-public terms of any order form, security materials, roadmap, and pricing.

Confidential Information does not include information that the Recipient can show: (a) is or becomes publicly available through no fault of the Recipient; (b) was lawfully in the Recipient's possession without confidentiality obligations before disclosure; (c) is received from a third party not under a confidentiality obligation; or (d) is independently developed without use of or reference to the Discloser's Confidential Information.

The Recipient may disclose Confidential Information to the extent required by law or court order, provided that, where lawful, it gives the Discloser prompt notice and reasonable assistance to seek protective treatment.

Confidentiality obligations survive termination of these Terms for five (5) years; obligations regarding trade secrets and personal data survive for as long as the information remains a trade secret or, for personal data, as required by applicable law.

10. Data protection

The Privacy Policy forms part of these Terms and describes how we process personal data as a controller.

10.1 Processing of Customer Personal Data (skilder as processor)

To the extent skilder processes personal data on behalf of the Customer in the course of providing the Services ("Customer Personal Data"), the Customer is the controller and skilder is the processor within the meaning of Art. 4 GDPR and the equivalent concepts of the Swiss nFADP. This Section sets out the parties' obligations and constitutes the Customer's documented instructions to skilder, satisfying Art. 28(3) GDPR and Art. 9 nFADP, until and unless the parties enter into a separate data processing addendum. A standalone Data Processing Agreement (DPA) reproducing these obligations is available on request, for example for enterprise procurement that requires a separately signed instrument. Once signed, it becomes the separately negotiated data processing addendum referred to under "Order of precedence" below and prevails over this Section for the processing of Customer Personal Data.

Subject matter, duration, nature and purpose

  • Subject matter: provision of the Services as defined in §1.
  • Duration: the term of the Customer's subscription, plus any post-termination period set out in §13.
  • Nature and purpose: hosting, processing, transmitting, executing, and supporting Customer Artefacts and Customer Content, including routing through AI model and tool providers chosen by the Customer.
  • Types of personal data: as determined by the Customer through the Customer Artefacts and Customer Content; may include identifiers, contact data, professional data, content of communications, and, only where the Customer chooses, special categories.
  • Categories of data subjects: as determined by the Customer; typically the Customer's employees, contractors, end-users, and counterparties.

skilder's obligations as processor

skilder will:

  1. Process only on documented instructions of the Customer, including with regard to international transfers, except as required by law (with prior notice to the Customer where lawful);
  2. Ensure that persons authorised to process Customer Personal Data are bound by confidentiality;
  3. Implement appropriate technical and organisational measures as set out in Section 9 of the Privacy Policy;
  4. Engage subprocessors only on terms no less protective than those in this Section. The current list of subprocessors is published at /legal/subprocessors. We will notify Customers of new or replacement subprocessors with at least 30 days' prior notice (subscribe via the subprocessor page). The Customer may object on reasonable data-protection grounds; if we cannot accommodate the objection, the Customer may terminate the affected Services and receive a pro-rata refund of pre-paid unused fees;
  5. Assist the Customer, taking into account the nature of the processing, to fulfil its obligations to respond to data-subject requests (Arts. 12–22 GDPR);
  6. Assist the Customer with security, breach notification, data-protection impact assessments, and prior consultation (Arts. 32–36 GDPR / Arts. 8, 22, 24 nFADP);
  7. Notify the Customer without undue delay, and in any event within 48 hours, of becoming aware of a personal data breach affecting Customer Personal Data;
  8. At the Customer's choice, delete or return Customer Personal Data at the end of the provision of the Services, and delete existing copies unless retention is required by law (see §13);
  9. Make available to the Customer information necessary to demonstrate compliance with this Section and allow for audits (including inspections) conducted by the Customer or a mandated auditor, no more than once per year and subject to reasonable notice, confidentiality, and cost-recovery , the parties will accept independent third-party audit reports (e.g. SOC 2 Type II, ISO/IEC 27001) in lieu of direct inspections to the extent reasonable.

International transfers

Where skilder transfers Customer Personal Data outside Switzerland or the EEA, the parties agree that the European Commission's Standard Contractual Clauses (Decision 2021/914), as supplemented by the Swiss Transfer Annex issued by the FDPIC and, where applicable, the UK International Data Transfer Addendum, are incorporated into this Section by reference and apply to the relevant transfers, with skilder acting as data importer for transfers from the Customer to skilder. The parties will complete the modules and annexes consistently with the Privacy Policy and /legal/subprocessors.

Customer obligations

The Customer warrants that it has all rights and lawful bases necessary to process Customer Personal Data and to instruct skilder to process it, including all consents and notices required of the Customer. The Customer is responsible for the lawfulness of Customer Artefacts, Customer Content, the model providers and tools it chooses, and the instructions it issues.

Order of precedence

To the extent of any conflict between (i) a separately negotiated data processing addendum, (ii) this §10.1, (iii) the rest of these Terms, and (iv) the Privacy Policy, in respect of the processing of Customer Personal Data, that order of precedence applies.

11. Fees, automatic renewal, and commercial terms

Certain Services are subject to fees set out in order forms, subscription pages, or partner programmes. Unless otherwise agreed in writing:

  • Fees are stated exclusive of taxes; taxes are your responsibility;
  • Fees are non-refundable, except where these Terms expressly provide otherwise (e.g. termination for our material breach, §13);
  • We may update prices for new subscription terms with at least 30 days' prior notice; for current subscription terms, prices remain as agreed;
  • Late payments accrue default interest at the statutory Swiss rate from the date payment was due.

11.1 Automatic renewal

Unless otherwise specified in an order form, subscriptions automatically renew at the end of each subscription term for a further term of the same duration, at the then-current price (subject to the 30-day notice rule above), on the same payment method, and without further action by the Customer.

The Customer may opt out of automatic renewal at any time before the end of the then-current term, from workspace billing settings or by writing to contact@skilder.ai. An opt-out received before the end of the current term takes effect at the end of that term.

Automatic renewal also applies after a pilot or proof-of-concept: as described in Appendix A, a pilot may convert into a paid subscription at the end of the pilot period unless the Customer opts out before the end of the pilot.

12. Availability, changes, and service levels

We aim to make the Services available on a reliable basis, but we do not warrant uninterrupted or error-free operation. Planned maintenance, urgent security maintenance, dependency outages, and force-majeure events may affect availability.

No liability for business impact of unavailability. Except as expressly set out in an order form or written service-level agreement signed by the parties, skilder shall not be liable for any business impact, lost revenue, lost profits, lost opportunity, downstream cost, contractual penalty, or other consequence of any kind arising from any unavailability, degradation, latency, or interruption of the Services. The exclusive remedies for missed service levels are those set out in the applicable order form or service-level agreement, if any. This provision is independent of, and additional to, the disclaimers in §14 and the limitation of liability in §15, and applies regardless of the cause of the unavailability.

Where an order form or service-level agreement specifies service levels, those service levels (and the remedies for missing them) apply in addition to these Terms.

We may modify, suspend, or discontinue parts of the Services where reasonable to do so. We will give reasonable advance notice of material adverse changes, and, for paying Customers, a right to terminate the affected Services without penalty if the change materially reduces functionality you rely on.

13. Term, suspension, termination, export, and deletion

13.1 Term and termination by you

These Terms apply for as long as you use the Services. You may stop using the Services and cancel your subscription at any time, subject to any minimum term in your order form.

13.2 Termination by us

We may suspend or terminate access:

  • immediately, for cause, if you materially breach these Terms and (where curable) do not cure the breach within 30 days of written notice;
  • immediately, where required by law or where continued use poses a security, legal, or safety risk;
  • on 30 days' notice, for convenience, if you are on a free plan or pilot.

13.3 Effect of termination

Sections that by their nature survive (including §5.1, §5.3, §6.3, §9, §10, §13.4, §15, §16, §18, §20, §21, §22, §23, §24) survive termination.

13.4 Export and deletion of Customer Content

On termination, we will maintain Customer Content and Customer Artefacts in a read-only state for a single 30-day period to allow export. After this 30-day period, Customer Content and Customer Artefacts are permanently deleted.

We will retain only what we are required to retain by law (e.g. billing records under Swiss CO Art. 958f) or what is strictly needed to defend or pursue legal claims, in each case subject to the confidentiality obligations of §9.

14. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available". We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Swiss law (including liability for gross negligence and intentional misconduct under Swiss CO Art. 100), liability for personal injury caused by negligence, or liability under mandatory consumer protection laws.

15. Limitation of liability

Subject to §14:

  • Neither party will be liable to the other for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenues, lost data, lost goodwill, or business interruption, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.
  • Each party's aggregate liability arising out of or related to these Terms will not exceed the greater of:
    • the fees you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim; and
    • twenty thousand Swiss francs (CHF 20,000).

The limitations in this Section do not apply to (i) liability that cannot be limited under §14, (ii) breach of the licence in §5 (including unauthorised use of Customer Content to train AI models), (iii) the indemnification obligations in §16, or (iv) a party's breach of confidentiality under §9.

16. Mutual indemnification

16.1 Customer indemnity

You will defend skilder against any claim by a third party arising out of or related to: (a) your Customer Artefacts, Customer Content, or Outputs; (b) your use of the Services in breach of these Terms or applicable law; and (c) your interactions with third-party model providers or tools, including BYOK; and you will indemnify skilder against the resulting damages, costs, and reasonable legal fees finally awarded by a court of competent jurisdiction or agreed in settlement.

16.2 skilder indemnity

We will defend you against any claim by a third party alleging that the Services, as provided by us and used in accordance with these Terms, infringe a third party's intellectual property right; and we will indemnify you against the resulting damages, costs, and reasonable legal fees finally awarded by a court of competent jurisdiction or agreed in settlement.

This indemnity does not cover claims arising from: (a) your Customer Artefacts, Customer Content, or Outputs; (b) modifications to the Services not made by us; (c) combination of the Services with anything not provided by us, where the claim would not have arisen but for the combination; (d) use of the Services after we notified you to stop because of an infringement claim; (e) use of third-party model providers or tools (including BYOK), which are governed by the third party's terms.

If we receive a claim covered by §16.2, we may, at our option and expense: (i) procure the right for you to continue using the affected part of the Services; (ii) modify the affected part to be non-infringing; or (iii) terminate the affected part and refund a pro-rata portion of pre-paid fees.

16.3 Procedure

The indemnified party must: (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defence and settlement (provided that any settlement releasing the indemnified party without admission of liability or financial obligation may be entered without consent); and (c) reasonably cooperate at the indemnifying party's expense.

§16 sets out the parties' sole and exclusive remedies for the matters covered by it.

17. Open-source components

Parts of the skilder runtime and related libraries are distributed as open-source software under their published licences (see the relevant LICENSE files). Use of those open-source components in itself is governed by the applicable open-source licence and not by these Terms. These Terms govern your use of the hosted Services, including any open-source component as we operate and integrate it for you.

18. Force majeure

Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riot, civil unrest, governmental action, embargo, epidemic, natural disaster, internet or telecommunications failure, denial-of-service attack, or general unavailability of a critical subprocessor. The affected party will give prompt notice and use reasonable efforts to mitigate. If a force-majeure event continues for more than 60 days, either party may terminate the affected Services on notice.

19. Changes to these Terms

We may update these Terms from time to time. For non-material changes, the updated Terms apply from the date posted. For material changes (including changes to fees, liability, indemnification, intellectual property, governing law, or your core rights), we will give at least 30 days' prior notice by email or in-product notice. If you do not accept a material change, you may terminate the affected Services before the change takes effect and receive a pro-rata refund of pre-paid unused fees; continued use after the effective date constitutes acceptance.

We will keep an archive of prior versions and make it available on request.

20. Governing law and jurisdiction

These Terms are governed by the substantive laws of Switzerland, without regard to its conflict-of-law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The competent courts of the seat of skilder (judicial district of Morges, Canton of Vaud) have jurisdiction over any dispute arising out of or in connection with these Terms; at skilder's option, proceedings may also be brought before any other competent Swiss court. This is subject to mandatory consumer protection laws granting jurisdiction to the courts of a consumer's place of residence.

21. Customer references and publicity

The Customer grants skilder the right to identify the Customer as a customer of the Services and to use the Customer's name and logo on the skilder website, in pitch decks, in investor materials, and in similar marketing materials, for the purpose of identifying the Customer as a user of the Services.

This right is granted by default and the Customer may opt out at any time by written notice to contact@skilder.ai; the opt-out takes effect for new uses after receipt and skilder will use reasonable efforts to remove existing public references within 30 days, except where archived materials (e.g. printed decks already distributed) cannot reasonably be recalled.

This right is strictly limited to identification of the Customer as a user of the Services. It does not extend to:

  • describing or showcasing any specific Customer Content, Skill, Hat, MCP Tool, use case, configuration, performance figure, quote, testimonial, or case study;
  • using the Customer's name or logo to endorse a particular feature, product, or position;
  • press releases or joint announcements.

Each of the above requires the Customer's separate prior written approval.

22. Customer responsibilities, due diligence, and product-in-development risk

The Customer acknowledges that:

  • the Services are an evolving product under active development, may include experimental, beta, or pre-release features, and may change, regress, or be withdrawn from time to time as set out in §12;
  • the Customer is responsible for evaluating the suitability of the Services for its intended use, including regulatory, security, operational, and data-protection suitability, before integrating the Services into any business-critical process;
  • any matter not expressly addressed by these Terms (including by any order form, plan terms, or service-level agreement) is the Customer's responsibility to assess and address through its own controls (including human oversight, testing, validation, fall-back procedures, and incident response);
  • the Customer assumes the risk and liability of using a product in development for any consequences arising from such matters, to the maximum extent permitted by law.

Nothing in this Section limits skilder's express commitments under these Terms, the disclaimer carve-outs in §14 (including liability that cannot be limited under Swiss CO Art. 100), the data-protection commitments in §10, or any binding consumer-protection rights.

23. General

  • Notices. Notices to skilder must be sent to contact@skilder.ai and, for matters requiring formal notice, also by registered post to the postal address in §1. Notices to you may be sent to the email address on your account or posted in-product.
  • Assignment. You may not assign these Terms without our prior written consent, except to an affiliate or to a successor in a merger, acquisition, or sale of substantially all assets, subject to written notice. We may assign these Terms to an affiliate or to a successor in similar circumstances.
  • Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force.
  • No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
  • Entire agreement. These Terms (with the Privacy Policy, any order form, plan terms, or SLA referencing them, and /legal/subprocessors) are the entire agreement between the parties on their subject matter and supersede all prior or contemporaneous understandings.
  • No third-party beneficiaries. These Terms do not create rights for any third party.
  • Independent parties. The parties are independent contractors; nothing in these Terms creates a partnership, agency, or employment relationship.
  • Language. These Terms are provided in English. Where a translation is provided for convenience and there is a conflict, the English version prevails to the extent permitted by law.

24. Contact

For all questions about these Terms or about data protection, write to contact@skilder.ai.

For security reports, please mark your message "security" and send it to contact@skilder.ai.

Appendix A, Pilots and demonstrations

This Appendix applies to (i) pilots and proofs of concept offered free of charge or at a reduced rate, and (ii) demonstrations organised by skilder.

A.1 Pilots and proofs of concept

  • Scope and duration. Pilots are limited in scope, duration, concurrency, and supported features as set out in the relevant pilot brief, order form, or onboarding email.
  • Best-effort, no obligation of result. Pilots are provided on a best-effort basis only. skilder undertakes a means obligation (obligation de moyens) and not an obligation of result (obligation de résultat). No specific outcome, performance figure, accuracy level, or business benefit is warranted in connection with a pilot.
  • Pre-release features. Pilots may include pre-release, beta, or experimental features that are not generally available. Pre-release features are provided "as is", may change or be withdrawn at any time, and are excluded from any service-level commitments.
  • Discontinuation. We may discontinue a pilot at any time on reasonable notice.
  • Delivery by partners. A pilot may be delivered, implemented, integrated, or supported in whole or in part by a third-party partner of skilder (such as an implementation partner, integrator, reseller, or consultant). Where this is the case, skilder is not liable for the quality, timeliness, conduct, advice, deliverables, or omissions of that partner, even if introduced to the Customer by skilder. The Customer's relationship with the partner is governed by a separate agreement between the Customer and the partner.
  • Publication. Outputs and learnings from pilots may be discussed under §9 confidentiality; publication, case studies, joint announcements, or external references require prior written approval from the Customer (consistent with §21).
  • Conversion to paid subscription, automatic opt-in. Unless the pilot brief or order form states otherwise, at the end of the pilot period the pilot automatically converts into a paid subscription at the then-current price of the equivalent plan, with the same payment method and on the renewal terms of §11.1. The Customer may opt out of the conversion at any time before the end of the pilot period by written notice to contact@skilder.ai; an opt-out received before the end of the pilot takes effect at the end of the pilot. Before automatic conversion, skilder will send a reminder notice to the Customer at least 14 days before the end of the pilot.

A.2 Demonstrations organised by skilder

When skilder runs a demonstration on behalf of, or for, a prospective Customer:

  • the Customer remains the controller of any of its data processed during the demonstration;
  • skilder processes such data only for the purpose of the demonstration, and deletes it within 30 days of the demonstration ending, unless the parties agree in writing otherwise.