Project terms

Project terms

General Project Terms

of heyteo AG (“Provider”, “heyteo”, “we”, “us”, “our”), Steigstrasse 18, 8463 Benken (ZH), Switzerland

Version 2.0 · Valid from 21 May 2026

1 Scope

1.1 These General Project Terms (“Project Terms”) govern the use of the Provider’s services/performances (“Services”) by the Customer/Partner, including the use of software agents that provide an AI-supported chat service.

1.2 The Services are generally accessible to all natural and legal persons, except direct competitors of the Provider. Such persons are prohibited from accessing the Services unless the Provider gives prior written consent.

1.3 The “Agreement” between the Partner and the Provider consists of these Project Terms and, where applicable, the order form or another personalised offer (“Order Form”) of the Provider (collectively referred to as the “Agreement”). All documents mentioned in these Project Terms that are published on the website at the time they come into force are incorporated into this Agreement by reference and form part of this Agreement.

1.4 The “Effective Date” means the date specified in the Order Form or, if no Order Form exists, the date on which the Customer begins using the Services.

1.5 The Partner must ensure that guests, employees, etc., who use the Services under its Agreement (“Users”), agree to and comply with the obligations of these Project Terms. heyteo supports the Partner in obtaining the necessary user consents, see clause 4.4.

2 Services

2.1 General

2.1.1 heyteo offers Services for businesses and private individuals, in particular software agents in the form of a virtual concierge for the hospitality industry and other sectors.

2.1.2 Each order for a Service by the Customer is made via an Order Form and is subject to review and acceptance by the Provider.

2.1.3 The use of the Services is made available to the Customer on the terms set out in the Order Form and these Project Terms.

2.2 Software Agents

2.2.1 “Software Agents”, “Agents” or “Software” are several proprietary software applications of the Provider. The Agents process the information received from the Partner concerning the Partner and its Users and communicate/chat directly with the Users (e.g. via WhatsApp). The Agents also use, in particular, artificial intelligence programs (AI tools; in particular OpenAI) from third parties and can be used both for providing information and for obtaining information. The Agents make it easier for the Partner to carry out tasks such as guest check-in or onboarding of new employees.

2.2.2 If functions, modules, add-ons or other components of the Software are made available free of charge, the Provider reserves the right to discontinue them at any time and at its sole discretion, without any obligation to provide a replacement/alternative.

2.2.3 The Provider endeavours to ensure the availability of the Software Agents at all times. However, certain interruptions are unavoidable.

2.2.4 Planned maintenance work is carried out with the smallest possible impact and in consultation with the Customer.

2.2.5 Support is provided primarily by email. The usual response time is a maximum of one working day.

2.2.6 Updates and upgrades are made available to the Customer from time to time. Software patches and bug fixes are free of charge.

2.2.7 In order to ensure the currency and effectiveness of the Agents, the Provider is entitled to adapt or discontinue individual components of the Software at any time.

2.3 Consulting services, additional services

2.3.1 In addition to the Software Agents, the Provider may offer consulting, maintenance, training and support services.

2.3.2 The exact scope of any consulting services is set out in the Order Form. Unless otherwise agreed, consulting services are charged at standard hourly rates.

3 Setup, subscription, remuneration and billing

3.1 Free trial. We may offer free, general trials (“Trial”), for a certain number of users and/or for a certain period. We may discontinue such trials at any time without notice, and all benefits of a trial expire if they are not used in time.

3.2 Setup phase. The setup phase runs from the start date/effective date of the Agreement and lasts 4 weeks. From the setup phase onwards, the Partner grants the Provider access to the information necessary for the provision of the Services and appoints one or more contact persons. The parties also define the objectives together. heyteo then sets up the agent(s) for the Partner. The setup fee and the first licence period (month 1 for a monthly subscription or year 1 for an annual subscription) become due together upon clicking the selected payment route (Stripe link or QR invoice) — the licence price is paid in advance. After completion of the setup phase, the licence phase starts automatically (no separate go/no-go decision required).

3.3 Licence phase: subscription/licence model. The Customer may enter into a monthly subscription/licence model, in accordance with the terms set out in the Order Form. Alternatively, annual prepayment with a 10% discount in year 1 may be chosen. From year 2 onwards, the annual subscription renews at the regular price. With annual prepayment, the monthly termination right under clause 9 remains in place; if terminated, a pro-rata refund is made in accordance with the terms of use (setup fee is non-refundable).

3.4 Prices. The prices for the Services are specified in the Order Form. If no details are provided, they will be invoiced at the Provider’s standard rates. All prices stated in the Provider’s marketing materials are non-binding.

3.5 Price adjustments. Price adjustments are possible once per year, and heyteo will notify the Partner of any such adjustment in writing at least 60 days in advance. The adjustment takes effect if the Partner does not object in writing within 30 days of notification. If an objection is made in time, the previous prices continue to apply unchanged and heyteo is entitled to terminate the Agreement with 30 days’ notice to the end of a month.

3.6 Currency, taxes. Unless otherwise stated in the Order Form: (a) all prices are stated in Swiss francs (CHF); (b) the prices are additionally subject to all applicable value added, sales or other taxes. The Customer is responsible for paying all taxes associated with the Services.

3.7 Expenses. All expenses/costs incurred by the Provider are set out in the Order Form. Additional expenses/costs require the Customer’s prior consent.

3.8 Invoicing, payment provider. Prices and any additional costs are either (i) invoiced directly by the Provider, or (ii) paid via a third-party provider (Stripe), whose payment terms shall apply.

3.9 Payment term, reminder. Initial payment (setup fee + first licence period) is due immediately upon clicking the payment route. By bank transfer: 30 days. Licence prices (month 2+ or year 2+) are charged automatically on the respective due date. In the event of late payment, the Provider may charge default interest of 5% p.a. from the invoice date.

4 Further rights and obligations of the parties

4.1 Customer account (Dashboard). If the Customer has a customer account, it is solely responsible for (i) the confidentiality of the login details, and (ii) all actions taken via the account.

4.2 No manipulation. The Customer and the Users are prohibited from copying, damaging, manipulating, hacking, interfering with, reverse engineering or circumventing the security mechanisms of the Agents/Software.

4.3 Provision of information (Customer). The Customer is obliged to grant the Provider access to the information necessary for the provision of the agreed Services. The Customer is aware that the Services cannot be provided, or cannot be provided in full, without ongoing access being granted.

4.4 Consents (Users). Users may use the Services/Agents only if they have previously given the necessary consents (in particular with regard to data processing) and have not withdrawn them. heyteo helps at any time with obtaining these consents, in particular with corresponding templates.

5 Ownership and usage rights

5.1 Ownership of Provider. The Provider is and remains the sole owner of the Software/Agents and any other products and Services (Service Technology) and all associated ownership and protection rights worldwide.

5.2 No rights, title or claims to the Service Technology are assigned, transferred or granted under this Agreement.

5.3 The Provider expressly reserves all rights not explicitly granted.

5.4 Licence. For the duration of the Agreement, the Provider grants the Customer a limited, revocable, non-transferable right to use the Software/allow Users to use it for its business purposes.

5.5 Any open source software contained in the Software is granted in accordance with the open source licence.

5.6 Ownership of Customer. The Customer is and remains the sole owner of the content uploaded by it or by Users into the Software, user data (in particular WhatsApp communications), logos, trademarks, etc.

5.7 Licence. By providing or independently uploading content, the Customer grants the Provider a licence to process the content for (i) the provision of the Services and (ii) the development and improvement of the Service Technology.

6 Warranty

6.1 The Services are provided “AS IS”, and the Provider gives no other warranty to the Customer than that the Services were developed in a professional manner and in accordance with applicable industry standards.

6.2 heyteo disclaims any assurance or warranty that the Software/Agents will be available uninterrupted or error-free.

7 Liability

7.1 General. The Provider’s total liability to the Customer and the Customer’s total liability to the Provider shall not exceed the amount of the ordered Services. If the Agreement was concluded for more than 12 months, the maximum liability amount shall be the pro rata amount for a term of 12 months. Neither party shall be liable for loss of profit or indirect damages. Except for wilful misconduct and gross negligence.

7.2 Infringement of third-party rights. The Provider fully indemnifies the Customer should claims or proceedings be brought against it because the Software infringes existing third-party rights.

8 Confidentiality, data protection

8.1 Confidentiality

8.1.1 The parties undertake to treat all confidential information as confidential. All non-public information about this Agreement, the Services and the Software/Agents is confidential information.

8.1.2 Exceptions: information that is publicly accessible, already known to the receiving party before disclosure, independently developed, or lawfully obtained from third parties.

8.1.3 The parties shall take all reasonable precautions to protect confidential information.

8.2 Data protection

8.2.1 General. Each party undertakes to take all necessary precautions to ensure compliance with the data protection laws applicable to it. The processing of personal data is carried out in accordance with its Data Processing Agreement (DPA), which forms an integral part of the Agreement.

8.2.2 heyteo privacy notice. More information: Privacy Policy

9 Term, termination

9.1 Unless otherwise agreed, this Agreement enters into force on the date of order confirmation by heyteo. The setup phase starts immediately and lasts 4 weeks. The contract term (licence phase) begins upon completion of the setup phase and is monthly. In the case of a monthly subscription, the Agreement automatically renews for a further month at a time; in the case of an annual subscription, for a further 12 months at a time, unless it is terminated in writing (e.g. by email) by either party with one month’s notice to the end of a month. The chosen billing cycle (monthly or annual) has no effect on the monthly termination right.

9.2 Either party has the right to terminate this Agreement at any time (i) in the event of a material breach of the Agreement by the other party which is not cured within thirty (30) days after written notice; or (ii) in the event of use of the Services not in accordance with the Agreement.

9.3 Upon termination of the Agreement, all usage rights granted to the Customer expire and the Customer undertakes to pay all outstanding remuneration immediately. In the event of extraordinary termination for which the Customer is responsible, all amounts accrued up to the time of termination shall become due immediately. In this case, no pro-rata refund shall be made in accordance with the terms of use. The setup fee is not refunded in any case of termination.

9.4 The Customer may request from the Provider the content stored in the Software up to thirty (30) days after the end of the Agreement. After expiry of this period, the Provider is no longer obliged to retain the Customer’s account content.

9.5 Provisions of this Agreement which, by their nature, are intended to continue to apply shall remain applicable even after termination of the Agreement.

10 Miscellaneous

10.1 Entire agreement. This Agreement (Order Form incl. appendices and the documents referenced therein) constitutes the entire agreement between the parties with respect to the Services.

10.2 Severability clause. If individual provisions are invalid, the validity of the remaining parts shall remain unaffected. Invalid provisions shall be replaced by valid provisions that come closest to the original intention.

10.3 Assignment. No party may assign its rights without prior consent. Exception: assignment to affiliated companies or in connection with a merger.

10.4 Amendments to this Agreement. Amendments require written form (electronic form is sufficient). heyteo reserves the right to amend this Agreement by notifying the Customer; if the Customer does not object within 30 days, the amendments are deemed accepted.

10.5 Governing law and jurisdiction. This Agreement is governed exclusively by Swiss law. The exclusive place of jurisdiction is Andelfingen (Canton of Zurich), Switzerland.

— End of the General Project Terms —