Terms & Conditions

1. Scope

1.1. These terms and conditions ("Terms") apply when you ("End-User") access and use the ACAS.AI platform ("ACAS.AI" or the "Services"), which is operated by Pepper Ventures Ltd., Sinserstrasse 67, 6330 Cham, Switzerland ("Pepper Ventures"). The Services include a software-as-a-service (SaaS) platform for AI-driven business automation---such as workflow automation, outbound sales automation, and AI-based tools---accessed primarily via app.acas.ai.

1.2. By accessing or using the Services, the End-User agrees to these Terms, which form a legally binding agreement ("Agreement") between Pepper Ventures and the End-User. If the End-User does not agree, the End-User may not access or use the Services.

2. Services & Access to the Services

2.1. Services

Pepper Ventures offers the Services in their then-current version. Pepper Ventures may modify, update, suspend, or discontinue all or part of the Services at its sole discretion, temporarily or permanently, as part of ongoing improvements or maintenance.

2.2. Access to the Services

(a) The End-User may be required to create a user account ("User Account") to access certain features of the Services.

(b) The End-User is responsible for maintaining the confidentiality and security of their account credentials and is liable for any activities that occur under their User Account. The End-User must promptly notify Pepper Ventures if there is any suspicion of unauthorized access to or use of their User Account.

2.3. Service Nature

(a) ACAS.AI is a SaaS platform for AI-driven business automation. It facilitates, among other functionalities, workflow automation, outbound sales automation, and AI-based tools.

(b) All product purchases or subscriptions take place on app.acas.ai. Various marketing or informational websites operated by Pepper Ventures may exist under separate domain names, but they redirect or refer users to app.acas.ai for any monetary transactions.

3. End-User Obligations & Representations

3.1. Lawful Use

The End-User represents and warrants that all data or content processed through the Services does not violate any applicable laws or third-party rights. The End-User agrees not to engage in any activity that could disrupt or interfere with the proper functioning of the Services.

3.2. Ownership of AI-Generated Content

(a) Except as otherwise stated herein, the End-User retains ownership of content generated by the End-User through the AI functions within the Services.

(b) Pepper Ventures retains the right to use such content in anonymized form for product improvements, research, analytics, and related purposes without providing any compensation to the End-User.

3.3. Compliance

Pepper Ventures comply with the new New Federal Act on Data Protection (nFADP) of Switzerland, which complies with GDPR. The End-User acknowledges that any specialized regulatory requirements beyond GDPR are not within the scope of these Terms unless expressly stated.

3.4. Retention of Personal Data

Inactive accounts are subject to deletion after 12 months of non-use, following prior notification to the End-User. Any remaining data associated with such accounts may be permanently deleted.

4. Payments & Billing

4.1. Fees and Pricing

(a) Pepper Ventures may offer different payment models, including one-time payments, subscription-based plans, pay-as-you-go (usage-based pricing), and custom billing solutions.

(b) Prices are generally displayed in multiple currencies, and applicable taxes or fees may be added in accordance with local regulations.

4.2. Payment Processing

(a) Payments for the Services are processed through Pepper Ventures directly and facilitated by Stripe. No third-party intermediaries beyond Stripe are used for billing.

(b) The End-User may be required to provide billing information to complete purchases. Pepper Ventures does not guarantee the availability of all payment methods at all times.

4.3. Refund Policy

Refunds are not guaranteed, even if requested. Refund requests may be considered on a case-by-case basis but remain at the sole discretion of Pepper Ventures.

4.4. Service Cancellations

Except where required by applicable law, cancellations for Services that have already been provided or initiated are not permitted. Subscription or pay-as-you-go models may include separate cancellation terms which will be made available in the plan details.

5. Rights & Obligations of Pepper Ventures

5.1. Provision of Services

Pepper Ventures shall exercise reasonable care and skill in providing the Services. However, Pepper Ventures does not guarantee uninterrupted availability of the Services.

5.2. Maintenance and Improvements

Pepper Ventures may, at its sole discretion, perform regular maintenance or improvements to the Services. End-User acknowledges this may result in temporary delays or interruptions.

5.3. Subcontractors

Pepper Ventures may use subcontractors or third-party vendors for certain aspects of the Services. Pepper Ventures remains responsible for its subcontractors' compliance with confidentiality, data protection, and these Terms where applicable.

6. Third-Party Tools & Intellectual Property

6.1. Intellectual Property Rights

(a) Each party retains all rights, titles, and interests to its own intellectual property.

(b) All Intellectual Property Rights in the Services, including but not limited to software, code, designs, trademarks, and associated documentation, remain vested in Pepper Ventures.

(c) Where necessary for the End-User to use the Services, Pepper Ventures grants a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use applicable Intellectual Property strictly for the duration of the Agreement.

6.2. Third-Party Tools

(a) The Services may integrate with or include references to third-party tools (e.g., LangChain, Pinecone, Supabase). Pepper Ventures respects any intellectual property disclaimers or license terms applied by such third parties and will comply accordingly.

(b) The End-User acknowledges that use of third-party tools through the Services may be subject to separate terms and conditions.

6.3. Anonymized Usage Data

The End-User grants Pepper Ventures a non-revocable right to use anonymized or aggregated data derived from the End-User's use of the Services for internal analysis, product development, and service improvement.

7. Liability & Indemnity

7.1. Liability Limitation

(a) In all cases, any liability of Pepper Ventures is excluded or limited to the maximum extent permitted under applicable law. Pepper Ventures provides no warranty of any kind regarding continuous uptime or error-free operation of the Services.

7.2. AI Automation Risks

The End-User acknowledges that AI-driven processes can produce unpredictable or unexpected outputs. Pepper Ventures is not responsible for any business losses, errors, or operational disruptions arising from or in connection with the End-User's use of AI-driven functionalities.

7.3. Termination & Pre-Paid Funds

Pre-paid amounts are non-refundable upon account termination resulting from misuse, fraud, or violation of these Terms by the End-User.

8. Warranties & Representations

8.1. Services Provided "As Is"

ACAS.AI and all related Services are provided "as is" and "as available." Pepper Ventures makes no express or implied warranties or representations, except as explicitly stated in these Terms.

8.2. No Guarantee of Results

Pepper Ventures does not guarantee that any specific business or operational outcome will be achieved through the use of AI-driven automation or any related features.

9. Term & Termination

9.1. Term

These Terms remain in effect until terminated by either the End-User or Pepper Ventures, or until the End-User's account is deactivated, subject to any subscription or usage period defined at the time of purchase.

9.2. Effects of Termination

Termination does not affect accrued rights or obligations. Any provisions intended to survive termination (e.g., liability limitations, intellectual property clauses) shall remain in force.

10. Marketing & Community Guidelines

10.1. Community Conduct

End-Users participating in official ACAS.AI or Pepper Ventures communities (including Discord servers) must follow all posted guidelines, including prohibitions on hate speech and misuse.

10.2. User Success Stories

Pepper Ventures may request to feature End-User success stories in its marketing or promotional materials. Written consent is required before publishing identifiable End-User information.

11. Data Protection

11.1. Privacy Policy

Pepper Ventures collects, processes, and protects personal data as described in its Privacy Policy, which is made available separately. Pepper Ventures implements appropriate technical and organizational measures to safeguard personal data, in accordance with the Swiss New Federal Act on Data Protection (nFADP) and the GDPR.

11.2. Data Processor Status

In the context of data protection regulations, ACAS.AI and Pepper Ventures function as a data processor, handling personal data on behalf of its clients. The clients, in turn, act as data controllers, determining the purposes and means of processing the personal data.

11.3. Data Processor Disclaimer

ACAS.AI operates strictly as a data processor, processing personal data solely under the instructions of our clients, who are the data controllers. We do not determine the purposes or means of processing any personal data. Clients are responsible for ensuring that their use of our services complies with applicable data protection laws.

11.4. Data Sharing

End-User data may be shared internally with Pepper Ventures' subcontractors or service providers for the purpose of fulfilling these Terms, improving the Services, or complying with legal requirements.

12. Miscellaneous

12.1. Entire Agreement

These Terms constitute the entire agreement between Pepper Ventures and the End-User regarding the subject matter, superseding all prior or contemporaneous agreements or communications.

12.2. Changes to Terms

Pepper Ventures may revise these Terms. The End-User's continued use of the Services after such revisions indicates acceptance of the updated Terms.

12.3. Notices

Notices to Pepper Ventures must be in writing (including email) and sent to an official Pepper Ventures contact. Notices to the End-User may be made available via the Services or email.

12.4. Assignment

The End-User may not assign or transfer any rights or obligations under these Terms without Pepper Ventures' prior written consent.

12.5. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. Governing Law & Dispute Resolution

13.1. Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2. Jurisdiction

The ordinary courts of the City of Zurich, Switzerland, shall have exclusive jurisdiction for all disputes arising out of or in connection with these Terms.

13.3. Mediation

If both parties agree, they may attempt mediation before resorting to formal litigation.

If you have any questions or concerns regarding these Terms, please contact us at info@acas.ai. By using the Services, the End-User confirms that they have read, understood, and agree to be bound by these Terms.

14. Important Information

Please review these key policies regarding our service:

Temporary Data Storage

ACAS.AI maintains a strict 7-day data retention policy for all generated leads and personalized messages. Please note:

• Automatic deletion: All data is permanently deleted after 7 days
• No extensions: This retention period cannot be extended under any circumstances
• Permanent removal: Once deleted, data cannot be recovered or restored
• New searches: If you need the information again, a new search must be initiated and paid for

We strongly recommend downloading and securely storing your results promptly after they are delivered.

Legal Responsibility for Message Usage

While ACAS.AI provides personalized outreach messages as a service, users bear full legal responsibility for how these messages are used:

• User liability: You are solely liable for any legal issues arising from your use of our generated content
• Compliance responsibility: Users must ensure all outreach activities comply with applicable laws and regulations
• No warranty: We make no guarantees regarding the legal compliance of messages in specific jurisdictions or for specific use cases
• Indemnification: By using our service, you agree to indemnify ACAS.AI against any claims resulting from your use of our content

Data Security & Compliance

While we maintain strict data security protocols during the 7-day retention period, users should be aware of the following:

Data Protection

• All data is encrypted at rest and in transit
• Access controls restrict data visibility
• No data sharing with third parties
• Secure deletion protocols after 7 days

Regulatory Considerations

• We do not offer service in GDPR regions
• Users must verify compliance with local laws
• Email usage must comply with anti-spam regulations
• Consider industry-specific regulations

Terms of Service Acknowledgment

By using ACAS.AI, you acknowledge that you have read and agree to our full Terms of Service and Privacy Policy. These documents provide comprehensive details on your rights and responsibilities when using our platform.