Terms and Conditions

Last updated: October 2026

1. Scope

In the event of any discrepancy, the German version shall prevail. These Terms and Conditions (Terms) govern the contractual relationship between Tax AI AG, Sihlbruggstrasse 105, 6340 Baar (hereinafter the “provider”) and the client regarding the use of the Software-as-a-Service products Nyteca® Chat and Nyteca® App (hereinafter, individually and together, the “platform”). Provisions that apply to only one of the products are marked as such. The client is the firm or company that concludes the contract; the platform is aimed exclusively at businesses, not at consumers.

Deviating terms of the client apply only if the provider has agreed to them in writing. Individual agreements, in particular in the Enterprise contract, take precedence over these Terms.

2. Services of the provider

The provider makes the platform available to the client for use over the internet. The scope of functions follows from the plan selected for the respective product (Starter, Pro, Enterprise) according to the pricing page and the service description at the time the contract is concluded.

Nyteca® Chat is an AI assistant for tax law that is used without setup and without master data. It answers the client’s questions, analyses documents the client uploads, compares options and prepares drafts, in particular of opinions and objections. The client chooses the depth of answers from two levels. Statements are backed by a citation (source reference, version and as-of date).

The Nyteca® App (from mid-November 2026) includes, depending on the plan, in particular client onboarding with KYC, quotes, cases and deadlines, documents and templates, e-mail integration, Nyteca® Drive and AI-assisted suggestions. In the Nyteca® App the client receives its own environment, separated from other clients (tenant).

The provider is entitled to develop the platform further, provided that the contractually agreed core scope of functions is maintained.

The AI functions of the platform produce results: in Nyteca® Chat answers, analyses, citations and drafts; in the Nyteca® App suggestions (for example assignments in the inbox, drafts for e-mails and deadlines). AI results may be incomplete or incorrect. They replace neither the professional review nor the decision by the client. The client reviews every result before using it; drafts such as opinions and objections are reviewed and signed by a professional on the client’s side, who takes responsibility for them.

Fiduciary, tax or legal advice is not part of the services; answers and drafts from Nyteca® Chat do not constitute such advice either. Also not part of the services are the client’s internet connection as well as end devices and third-party software (for example Microsoft Word, the client’s mail server).

3. Trial phase

During a free trial phase these Terms apply by analogy; there are no claims to availability, support or damages.

Nyteca® Chat: If the provider offers a free trial phase when the client subscribes, the subscription begins with this trial phase; its duration and its credit allowance are shown when subscribing. The trial phase is granted only once per account; anyone who has already had a subscription or a trial phase receives no further one. The client provides a means of payment when subscribing. During the trial phase the client has every feature and the credit allowance of the trial phase, whatever plan was chosen; credits not used expire when the trial phase ends. The client may switch plans free of charge during the trial phase. If the client ends the subscription in Nyteca® Chat before the trial phase expires, it ends when the trial phase expires and nothing is charged. Otherwise, at the end of the trial phase it converts, without any further declaration by the client, into the paid subscription of the chosen plan; the first billing period begins at that time and is charged to the means of payment provided. The client may start the paid subscription early in Nyteca® Chat; the trial phase then ends at once, and the first billing period begins at that time and is charged. The provider may end the offer of a trial phase for future subscriptions at any time.

Nyteca® App: The provider may grant a free trial phase. Its duration is communicated upon activation. If no paid plan is concluded after it expires, access ends; data from the trial phase is deleted after a reasonable period unless agreed otherwise.

4. Prices and payment

The applicable prices are those set out on the pricing page or in the individual offer at the time the contract is concluded. All prices are in Swiss francs and exclusive of VAT. Billing is in advance per billing period, per user for Nyteca® Chat and per firm for the Nyteca® App, where the number of users determines the plan. Invoices are payable within the period stated on the invoice. In the event of late payment, the provider may block access after a reminder and a grace period.

The provider announces price changes in writing at least three months before they take effect. They apply from the next contract period. In this case the client may terminate as of the date the change takes effect.

Nyteca® Chat bills in credits. The credit allowance of the plan applies per billing period and expires at its end. During an active subscription the client may buy extra credits in fixed packs, at the ratio of credits to francs of their plan; they are charged at once and only used once the allowance of the period is spent. Extra credits do not expire but can only be used with an active subscription. Paid extra credits are not refunded, including on termination.

5. Term and termination

The contract begins with the activation of the paid plan and runs for the agreed contract period (monthly or annual). It is extended by the same period each time unless it is terminated in writing in compliance with the agreed notice period. The notice period is communicated when the contract is concluded.

For Nyteca® Chat the contract begins with the subscription, and the paid contract period after any trial phase (section 3); the client ends the subscription in Nyteca® Chat as of the end of the current billing period.

The right to extraordinary termination for good cause remains reserved, in particular in the event of a serious breach of contract that is not remedied within a reasonable period despite a warning.

After the end of the contract the client may export its data from the Nyteca® App for 30 days in common formats (including PDF/A, Word, CSV). The provider then deletes this data unless a statutory retention obligation of the provider stands in the way. The rule for chat histories, uploaded files and drafts from Nyteca® Chat will be added.

6. Obligations of the client

• The client uses the platform exclusively for its own business activity and within the framework of applicable law, in particular data protection, anti-money-laundering and professional law.
• The client is responsible for the accuracy of the data it enters and uploads, in the Nyteca® App also for the configuration of its firm (fields, criteria, templates, retention rules, AI instructions), and for the professional review of all results.
• The client keeps access credentials confidential, assigns any roles and permissions carefully and informs the provider immediately of any suspicion of misuse.
• The client obtains the consents and information required for processing the personal data of its clients and ensures that it is entitled to pass this data on to the provider, including when it uploads documents containing such data to Nyteca® Chat.
• The client does not interfere with the platform, does not circumvent any security measures and does not carry out load tests without prior agreement.

7. Data protection and processing on behalf

The client remains the controller of the personal data it processes on the platform, including personal data in questions and uploaded documents in Nyteca® Chat. The provider processes this data as a processor exclusively on the client’s instructions and only within the scope of providing the services. For this purpose the parties conclude a data processing agreement (DPA) pursuant to Art. 9 DSG and, where applicable, Art. 28 GDPR, which forms part of this contract. In Nyteca® Chat, the provider is itself the controller of the account and contract data of the client and its users.

The provider hosts the platform in Switzerland. In the Nyteca® App it separates client environments technically and logs operations in an audit log. Subcontractors, including those for AI processing, are disclosed to the client; changes are announced in advance. Details are described in the privacy policy and on the page FADP & GDPR.

8. Availability and support

The provider endeavours to ensure high availability of the platform. The target availability, planned maintenance windows and support response times follow from the selected plan or from the Service Level Agreement for Enterprise clients. Planned maintenance is announced in advance and carried out outside normal office hours where possible.

Interruptions caused by force majeure, by disruptions outside the provider’s sphere of influence (for example the client’s internet connection, third-party services) or by circumstances for which the client is responsible do not count as downtime.

The client can reach support at kontakt@taxaiag.swiss. The scope of support (e-mail support, priority support, personal contact) depends on the plan.

9. Liability

The provider is liable for damage it has caused intentionally or through gross negligence. For slight negligence, liability is limited to the fees paid by the client in the twelve months preceding the damaging event. Liability for indirect damage, consequential damage, lost profit and loss of data that could have been avoided by reasonable backups on the client’s part is excluded to the extent permitted by law.

The provider is not liable for the substantive accuracy or completeness of AI results, in particular answers, citations, analyses and drafts from Nyteca® Chat and suggestions from the Nyteca® App, nor for professional decisions or submissions to authorities that the client makes or files on the basis of the platform. Liability for auxiliary persons is excluded to the extent permitted by law.

10. Intellectual property

All rights to the platform, its software, documentation, the name “Nyteca®” and the trademark (trademark no. 854333) remain with the provider. For the duration of the contract the client receives a non-exclusive, non-transferable right to use the platform within the agreed scope.

The data entered by the client, uploaded documents (including in Nyteca® Chat) and templates remain the property of the client. The provider uses this data and the questions asked in Nyteca® Chat exclusively to provide the services and not to train AI models, unless the client has expressly consented.

11. Confidentiality

Both parties treat information of the other party that is marked as confidential or whose confidentiality follows from the circumstances as confidential and use it only to fulfil this contract. This obligation continues after the end of the contract.

12. Amendments to the Terms

The provider may amend these Terms. Changes are communicated to the client in writing or in the platform at least 30 days before they take effect. If the client does not object before they take effect, the amended Terms are deemed accepted. In the event of an objection, either party may terminate the contract as of the date the changes take effect.

13. Final provisions

Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes closest to the economic purpose. The client may transfer rights and obligations under this contract only with the written consent of the provider.

14. Applicable law and place of jurisdiction

This contract is subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Zug, Switzerland.

Contact

Tax AI AG, Sihlbruggstrasse 105, 6340 Baar · kontakt@taxaiag.swiss · Full details in the Legal notice.