Terms of Service

2.1. Intelligence-as-a-Service

ogram provides customized AI-powered intelligence services, including the configuration, deployment, and maintenance of bespoke AI agents designed for specific use cases. This is a managed service, not off-the-shelf software.

2.2. Service Evolution

ogram maintains technological vigilance to ensure agents are powered by leading commercial AI models. We reserve the right to select and change AI model providers based on technological advances, performance, and deployment conditions.

3.1. Acceptable Use

Clients must use the services in accordance with:

• Their intended purpose and provided documentation
• Applicable laws and regulations
• Professional and ethical standards

Clients must not use the services to disrupt, damage, or gain unauthorized access to systems or infrastructure.

3.2. User Responsibility

Clients are fully responsible for the actions of all authorized users and must ensure compliance with these Terms.

3.3. Access Security

Clients are responsible for maintaining the confidentiality of credentials and must immediately notify ogram of any suspected unauthorized access.

3.4. Payment

Clients must pay all fees as specified in their service agreement. Payment methods include credit card or bank transfer as agreed. Unpaid invoices may result in service suspension.

4.1. Service Delivery

ogram commits to providing access to services as described in client agreements, with commercially reasonable efforts to maintain service availability.

4.2. Maintenance

We provide:

• Corrective maintenance: Best efforts to resolve reproducible issues preventing normal service use
• Evolutionary maintenance: Updates and new features at our discretion

4.3. Scheduled Maintenance

We may temporarily suspend services for maintenance with 48 hours notice when possible, preferably during 22:00-06:00 CET/CEST or Swiss public holidays. Emergency maintenance may occur without notice.

4.4. Technical Support

Technical support is available via email at info@ogram.ch or through dedicated support channels during Swiss business hours (09:00-17:00 CET/CEST, business days).

5.1. ogram Property

ogram retains all intellectual property rights in the services, platform, proprietary algorithms, and related technology. This agreement grants only a license to use the services, not a transfer of ownership.

5.2. Client Content

Clients retain all intellectual property rights to their Client Content. ogram will not use Client Content except as necessary to provide the contracted services.

7.1. Indirect Damages

ogram is not liable for indirect damages including, without limitation: loss of profit, loss of revenue, loss of data, loss of opportunity, damage to reputation, or business interruption.

7.2. Direct Damages Cap

For direct damages, ogram's total liability is limited to the lower of:

• Total fees paid by the client in the 6 months preceding the event, or
• CHF 50,000

7.3. Exceptions

Liability limitations do not apply to damages caused by willful misconduct, gross negligence, or personal injury.

7.4. Third-Party Dependencies

AI features depend on third-party providers. ogram's obligation in case of third-party failure is limited to commercially reasonable efforts to diagnose issues, communicate transparently, and implement available technical measures to restore service.

8.1. Contract Duration

Service agreements typically run for an initial one-year term, automatically renewing unless either party provides written notice 3 months before the end of the current period.

8.2. Termination for Breach

Either party may terminate the agreement if the other party commits a material breach that remains uncured for 30 calendar days after written notice detailing the breach.

Material breaches include:

• For clients: Substantial violation of acceptable use obligations
• For ogram: Prolonged unjustified service unavailability or material breach of data security obligations
• Non-payment after applicable cure periods

8.3. Effect of Termination

Upon termination:

• Client access to services ceases immediately
• Clients have 30 days to export their data before permanent deletion
• Sections on Intellectual Property, Confidentiality, and Liability survive termination

10.1. Fees

Service fees are specified in individual client agreements and typically include:

• Initial configuration fees
• Recurring license fees
• Usage-based charges for consumption beyond included allocations

10.2. Payment Terms

License fees are due in advance. Usage overages are billed monthly in arrears. Payment methods and specific terms are detailed in individual service agreements.

10.3. Price Revisions

ogram may modify pricing at the end of each contract period with at least 60 days written notice. Clients may terminate before renewal if they do not accept new pricing.

10.4. Suspension for Non-Payment

Persistent payment failures may result in service suspension after notice and cure period as specified in client agreements.

11.1. Local-First Architecture

ogram's architecture ensures Client Content remains on client-controlled infrastructure. ogram does not access, transfer, or copy Client Content to external servers for basic operations.

11.2. AI Feature Processing

When clients use AI features, specific queries are processed by third-party AI providers as detailed in our Privacy Policy. This processing is limited to submitted queries, not entire Client Content.

11.3. Client Data Responsibility

Clients remain solely responsible for their Client Content and must not include unlawful data or submit queries containing unnecessary personal information.