Terms and Conditions for LevantiqOne

Self Service with terms of use and data processing

v 1.0

Contents

These Terms and Conditions (Terms) govern the agreement to use the LevantiqOne Self Service offering between Levantiq AG, Feldpark 17, 6300 Zug (hereinafter “Levantiq”), and the customer identified by the information entered during online onboarding (hereinafter the “Customer”).

The agreement is concluded when the Customer selects the corresponding checkbox during onboarding. By doing so, the Customer accepts these Terms, including Annex 1 (Data Processing), and the published price list. Levantiq records the accepted version and the time of consent; the accepted contractual terms are available in the app as a PDF at any time.

The separate Privacy Policy provides information about Levantiq’s processing of personal data as a controller. It does not replace the data processing agreement in Annex 1.

1 Subject matter

Levantiq provides the Customer with the LevantiqOne platform as an online service. LevantiqOne includes the app (dashboard and control tower, CRM, project management, AI agents and transcription) and the Connector with standard integrations for commonly used systems. If the Customer activates integrations with third-party systems, data may be transmitted to those systems; processing within a third-party system is not governed by this agreement but by the terms of the respective third-party provider. Levi Work also enables actions on the Internet at the user’s instruction, such as communicating with third parties and placing orders. The scope depends on the available functions and the instructions and approvals given.

2 Scope

The Self Service offering is intended exclusively for businesses, self-employed individuals and other persons using LevantiqOne in the course of their professional or commercial activities. The Customer confirms this upon registration.

The Self Service offering is not a solution that complies with professional secrecy requirements. Customers subject to statutory professional secrecy obligations (in particular under Article 321 of the Swiss Criminal Code) are covered by the separate offering with an agreement for use and a supplementary professional secrecy agreement; the Self Service offering is not intended for processing secrets protected in this way.

3 Account

The Customer provides correct and complete information during registration and keeps it up to date. Access credentials must be kept confidential; actions performed through the Customer’s account or its user accounts are attributed to the Customer. Any suspected unauthorised use must be reported to Levantiq immediately.

4 Services included

The subscription includes access for the number of users specified in the order or the current account configuration, operation and maintenance, ongoing updates, standard integrations and support in accordance with Section 8.

5 Hosting and AI processing

The LevantiqOne application, database, files and backup copies are operated or stored entirely with Infomaniak in data centres in Switzerland. Under the “Cloud · Basic” subscription, LLM processing takes place via OpenRouter and Microsoft Azure within the European Union. Under the “Cloud · 100% Swiss” subscription, LLM processing also takes place with Infomaniak in Switzerland.

For both subscriptions, Zero Data Retention applies at the level of the LLM services used: inputs and outputs are not retained there beyond the provision of the service. The providers are contractually obliged not to use this data to train AI models or for other purposes of their own. This must be distinguished from storage within LevantiqOne: inputs and results are stored as Customer data in the system at Infomaniak and are subject to the agreed deletion periods.

The providers used and the countries of processing are identified in the provider list. Annex 1 sets out the details of data processing on behalf of the Customer.

6 Prices and billing

6.1 Fixed fee

The fixed monthly fee is determined by the price list published online and accepted when the agreement is concluded. It is collected monthly in advance using the payment method provided during onboarding. Changes to the number of users are taken into account from the following month. Price adjustments are governed by Section 13.

6.2 AI usage and fair use

Use of the AI functions (inference/token costs of the models used) is included in the price within the fair-use limits published online. If those limits are exceeded, Levantiq may throttle the AI functions until the start of the next billing period. Additional costs actually incurred are passed on only after the Customer has been informed in advance. The Customer can continuously monitor AI usage in the app.

7 Rights of use

For the duration of the agreement, the Customer receives a non-exclusive, non-transferable right to use LevantiqOne for its own business purposes within the agreed scope. All rights to the platform, its components and further developments remain with Levantiq. Levantiq acquires no rights to the Customer’s data beyond those required to perform the agreement.

8 Support

Support can be contacted by email at support@levantiq.ch.

9 Permitted use

The Customer must use LevantiqOne lawfully at all times. In particular, the following are prohibited: (a) sending unsolicited bulk communications (spam) through the platform or connected channels; (b) infringing third-party rights or legal provisions; (c) reselling, renting out or sublicensing the platform; (d) circumventing technical restrictions or taking actions that jeopardise the platform’s stability or security. In the event of serious or ongoing violations, Levantiq may block access after prior notice, or immediately in urgent cases.

The Customer is responsible for the accuracy, completeness and lawfulness of its inputs, instructions and approvals. It ensures that it is authorised to transmit and use the data entered and to instruct the requested actions. It checks AI results before relying on them for material purposes and defines the permitted automatic actions in its settings and instructions.

Levi Work performs actions in the user’s name and at the user’s instruction. Such actions may include binding declarations to third parties or orders that incur charges. The user must clearly define the instruction and its limits, in particular the recipients, scope of services and any costs. The Customer bears the consequences of incorrect or unauthorised inputs, instructions and approvals insofar as they fall within its area of responsibility. Levantiq’s statutory and contractual obligations and the liability provisions in Section 12 remain unaffected.

Emails are sent automatically only if the user has approved the recipient’s email address or domain in the automatic sending settings. For other recipients, only drafts are created. The user is responsible for carefully configuring and regularly reviewing these approvals.

10 Data and data protection

The Customer retains ownership of its data. Customer data is not used to train AI models or for other purposes of Levantiq’s own (in particular analytics, benchmarking or product improvement). Levantiq processes personal data as a processor under Swiss data protection law (FADP) and, where applicable, the GDPR; Annex 1 (Data Processing), which forms an integral part of this agreement, sets out the details.

At the end of the agreement, Levantiq makes the Customer’s data available for export in a commonly used format for 30 days. Levantiq then irreversibly deletes all Customer data within 30 days; backup copies are overwritten or deleted no later than the end of the regular backup cycle of no more than a further 30 days. Upon request, Levantiq confirms deletion in writing. Statutory retention obligations remain reserved.

The Customer may request deletion of its data via support@levantiq.ch. Levantiq handles the request manually and deletes the relevant data from the active system within 30 days of receiving the deletion request; the corresponding backup copies are deleted or overwritten no later than 90 days after receipt of the same request. Statutory retention obligations remain reserved. If the Customer expressly requests deletion during the export period, that instruction takes precedence over continued availability for export for the data concerned. Deletion does not replace cancellation of the subscription.

The Privacy Policy published online applies to personal data that Levantiq processes as a controller (in particular account and billing data).

11 Term, termination and suspension

The agreement runs for an indefinite period. The Customer may terminate it with 30 days’ notice and Levantiq with three months’ notice, in each case effective at the end of a month; notice may be given in writing, by email or directly in the app.

The right to extraordinary termination for good cause remains reserved, in particular in the event of late payment despite a reminder and a reasonable additional payment period, or a serious breach of Section 9. In the event of late payment, Levantiq may suspend access after a reminder specifying an additional payment period, until payment is made; the payment obligation continues during the suspension.

12 Availability, backups and liability

Levantiq operates LevantiqOne with great care but cannot guarantee uninterrupted availability. Levantiq makes daily backups of Customer data; in the event of data loss, data is restored to the state of the latest available backup. Results of AI functions may contain errors; the Customer checks them before relying on them for material purposes. To the extent permitted by law, Levantiq’s liability is limited to intent and gross negligence. No limitation applies to personal injury.

13 Changes

Levantiq may adjust the scope of services and prices by giving three months’ notice by email or in the app. In the event of a price increase or a material restriction of the scope of services, the Customer may terminate the agreement on an extraordinary basis with effect from the date the change takes effect.

14 Final provisions

Levantiq may transfer this agreement to a legal successor as part of a restructuring or business succession; the Customer will be informed. If individual provisions are invalid, the remainder of the agreement remains effective; the invalid provision is replaced by a valid provision whose economic effect comes as close as possible to that of the invalid provision.

Swiss law applies. The place of jurisdiction is Zug; mandatory statutory places of jurisdiction remain reserved.

Annex 1 on Data Processing

Annex to the Terms for LevantiqOne Self Service under Article 9 FADP and, where applicable, Article 28 GDPR, between the Customer (“Controller”) and Levantiq AG, Feldpark 17, 6300 Zug (“Processor” / “Levantiq”). This Annex forms an integral part of the agreement for use and is accepted together with the Terms during onboarding.

1 Subject matter, duration and instructions

Levantiq processes personal data on behalf of the Customer exclusively to provide the services under the agreement for use and only in accordance with the Customer’s documented instructions. The Customer’s use of the platform constitutes an instruction. If Levantiq considers an instruction to infringe data protection law, it informs the Customer. This Annex applies for the duration of the agreement for use.

2 Types of data, data subjects and purpose

The processing covers data entered by the Customer into LevantiqOne or collected through connected channels, in particular contact and customer data, communication content (emails, messages, conversation recordings and transcripts), project, task and time data, documents and user data relating to the Customer’s employees. Data subjects include, in particular, the Customer’s customers, contact persons, employees and business partners. The purpose is to operate the platform, including its AI functions, in accordance with the agreement for use.

3 Levantiq’s obligations

Levantiq (a) ensures that all persons entrusted with processing are bound by confidentiality obligations; (b) implements appropriate technical and organisational measures in accordance with Section 6; (c) does not use Customer data to train AI models or for other purposes of its own; (d) assists the Customer, to the extent reasonably practicable, in responding to requests from data subjects, conducting data protection impact assessments and dealing with authorities; (e) notifies the Customer of data security breaches affecting its personal data without delay after becoming aware of them, at the latest within 48 hours, providing the available information on their nature, scope, consequences and measures taken; (f) informs the Customer, to the extent permitted by law, of requests for disclosure by authorities and limits any disclosure to what is legally required.

4 Data location and international transfers

The specific providers and countries of processing are determined by the provider list. Transfers to countries without adequate data protection take place only on the basis of appropriate safeguards, in particular recognised standard contractual clauses. The agreed locations for LLM processing remain binding.

5 Subprocessors

The Customer authorises Levantiq to engage subprocessors to operate the platform. Levantiq imposes at least equivalent data protection obligations on them and remains fully responsible for their services. At the time the agreement is concluded, these are:

Infomaniak Network SA, Geneva – operation of the application, worker agents, database, files and backups, and email infrastructure; under the Cloud · 100% Swiss subscription, also LLM processing – Switzerland.
Cloud · Basic: OpenRouter and Microsoft Azure and the model providers used through them according to the provider list – LLM processing within the EU.

Levantiq gives prior notice of intended changes to subprocessors by email or in the app. The Customer may object within 30 days on justified grounds; if no mutually acceptable solution is reached, the Customer may terminate the agreement for use on an extraordinary basis with effect from the date of the change.

6 Technical and organisational measures

Encryption of data in transit and at rest · tenant separation · access on a need-to-know basis with personalised accounts, a role concept and logging · Zero Data Retention at the LLM services; storage of inputs and results as Customer data in the system; no additional retention of this content in technical logs or traces beyond the provision of the service · daily backups · employee training and confidentiality obligations · incident response process with notification to the Customer within 48 hours. The full description of technical and organisational measures is available on request.

7 Information and evidence

Levantiq demonstrates compliance with this Annex through documentation and the description of technical and organisational measures, available certificates and audit reports, including those of subprocessors, and information provided in response to justified requests. If these are demonstrably insufficient in a particular case, the Customer may arrange an audit by a qualified person bound by confidentiality, at most once a year and additionally where justified grounds exist; trade secrets and other customers’ data remain protected.

8 Deletion and return

After the agreement for use ends, Levantiq makes Customer data available for export for 30 days (Section 10 of the agreement for use). Levantiq then irreversibly deletes all Customer data within 30 days; backup copies are overwritten or deleted no later than the end of the regular backup cycle of no more than a further 30 days. Upon request, Levantiq confirms deletion in writing. Statutory retention obligations remain reserved.

9 Liability, applicable law and jurisdiction

Liability is governed by the agreement for use. Swiss law applies; jurisdiction is as specified in the agreement for use.