Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the website silverbrain.ai (the “Website”) operated by Silver Brain AI AG. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. About us

References to “Silver Brain AI”, “we”, “us” and “our” in these Terms refer to Silver Brain AI AG.

2. Scope

These Terms apply to your use of the Website as an informational platform, including access to any content and materials made available through it.

Any advisory or other professional services we provide are governed by a separate written engagement letter, statement of work or services agreement between Silver Brain AI and the relevant client. Nothing on the Website constitutes an offer or obligation to provide such services, and these Terms do not create a client relationship.

3. Eligibility

The Website is intended for business and professional users. By using the Website, you confirm that you are at least 16 years old and that, where you act on behalf of an organisation, you have the authority to bind that organisation to these Terms.

4. Permitted use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and view the Website and its content for your personal, internal business and informational purposes.

You agree not to:

• use the Website in any way that violates applicable law or these Terms;
• copy, reproduce, republish, distribute, sell, license, rent or otherwise exploit the Website or its content, except as expressly permitted in these Terms;
• remove, obscure or alter any copyright, trademark or other proprietary notices;
• use the Website to transmit unsolicited advertising, spam, malware or other harmful code;
• attempt to gain unauthorised access to any part of the Website, other users’ data, or related systems or networks;
• interfere with or disrupt the operation, security or integrity of the Website, including through denial-of-service attacks, scraping or automated collection of content;
• use any robot, spider, crawler or other automated means to access the Website, except for search-engine indexing carried out in accordance with our robots.txt file;
• reverse-engineer, decompile or attempt to derive the source code of any software made available through the Website;
• use the content of the Website, or any data collected from it, to train, fine-tune, evaluate or otherwise develop machine-learning models, large language models or other artificial-intelligence systems, without our prior written consent;
• frame, mirror or otherwise present the Website or its content in a manner that creates confusion about the source, or that is misleading or disparaging.

We reserve the right to monitor use of the Website, to investigate suspected violations of these Terms, and to take appropriate action, including suspending or blocking access, reporting activity to competent authorities and pursuing legal remedies.

5. Intellectual property

All content on the Website, including text, graphics, logos, icons, images, frameworks, methodologies, publications, software, and the overall design and structure of the Website (together, the “Content”), is owned by or licensed to Silver Brain AI and is protected by Swiss and international intellectual property laws.

“Silver Brain AI”, the Silver Brain AI logo and any related names, product names, slogans and logos are trademarks of Silver Brain AI AG or its licensors. You may not use any of them without our prior written permission.

Except for the limited rights expressly granted in these Terms, no right, title or interest in or to the Website or the Content is transferred to you. All rights not expressly granted are reserved.

If you submit feedback, suggestions or ideas about the Website or our services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose, without restriction or obligation to you.

6. Contact form submissions

When you submit your details through the contact form, you confirm that the information you provide is accurate and current, and that you are authorised to provide it. We use your details to respond to your enquiry, as described in our Privacy Policy. The contact form is protected by Google reCAPTCHA, which is subject to Google’s Privacy Policy and Terms of Service.

7. Third-party links and content

The Website may contain links to third-party websites, services or resources that are not owned or controlled by Silver Brain AI. We provide such links for convenience only and are not responsible for the availability, content, products, services or practices of those third parties. Your use of any third-party website or service is at your own risk and subject to the terms and policies of the relevant third party.

8. No professional advice

The information on the Website, including our field notes and other publications, is provided for general informational purposes only. It is not intended to be, and should not be relied upon as, professional advice of any kind, including legal, regulatory, tax, financial, investment or engineering advice. You should obtain appropriate professional advice before acting, or refraining from acting, on the basis of any information on the Website.

9. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Website and all Content are provided on an “as is” and “as available” basis, without warranties or representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or availability.

Without limiting the foregoing, we do not warrant that:

• the Website will be uninterrupted, timely, secure or error-free;
• the Content is accurate, complete, reliable or current;
• any errors in the Website or the Content will be corrected;
• the Website or the servers that make it available are free of viruses or other harmful components.

You use the Website and the Content at your own risk.

10. Limitation of liability

To the maximum extent permitted by applicable Swiss law:

• Silver Brain AI shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or goodwill, or business interruption, arising out of or in connection with your use of, or inability to use, the Website or the Content, even if we have been advised of the possibility of such damages;
• our aggregate liability for all claims relating to the Website or the Content shall not exceed one hundred Swiss francs (CHF 100) or, if greater, any amount you have paid to us in connection with the Website in the twelve months preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits our liability for damages caused by wilful misconduct or gross negligence, for personal injury or death caused by negligence, or for any other liability that cannot be excluded or limited under applicable Swiss law.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Silver Brain AI, its affiliates, and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Website or the Content in breach of these Terms;
• your violation of any applicable law or the rights of any third party; or
• any content or information you submit through the Website.

12. Availability and changes to the Website

We may, at our discretion and at any time, modify, suspend or discontinue all or part of the Website or the Content, temporarily or permanently, without notice and without liability to you. We are not obliged to update or maintain any Content.

13. Changes to these Terms

We may update these Terms from time to time to reflect changes in our practices, our services or applicable law. The “Last updated” date at the top of these Terms indicates when they were most recently revised. If the changes are material, we will take appropriate steps to highlight them, for example through a notice on the Website. Your continued use of the Website after changes take effect constitutes acceptance of the revised Terms.

14. Privacy

Our collection and use of personal data in connection with the Website is described in our Privacy Policy, which is incorporated into these Terms by reference.

15. Governing law and jurisdiction

These Terms, and any non-contractual obligations arising out of or in connection with them or your use of the Website, 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.

The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms or your use of the Website is Lucerne, Switzerland, subject to any mandatory statutory place of jurisdiction. We also reserve the right to bring proceedings against you in the courts of your domicile or any other competent court.

16. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Silver Brain AI regarding your use of the Website.

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect, and the affected provision will be replaced by a valid provision that most closely reflects its original intent.

No waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or of any other provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time, in particular in connection with a merger, acquisition, reorganisation or sale of assets.

Headings. Section headings are for convenience only and have no legal or contractual effect.

17. Contact