Purpose
In addition to the General Terms and Conditions, these terms of use are an integral part of the contract. The terms of use serve to protect WIN-WIN FOR WORK’s operating environment, ensuring that its service quality is not compromised for the majority of customers. Customers who transfer their server, account, or parts thereof to third parties are obligated to inform them accordingly and remain liable to WIN-WIN FOR WORK for their actions.
Prohibitions
Legal Infringement
All data, content, and activities, as well as the promotion of or participation in such, that violate Swiss law are prohibited. This includes, but is not limited to, the publication or distribution of copyrighted or distribution-protected data.
Racism
The publication or distribution of racist content or backgrounds is not permitted. WIN-WIN FOR WORK reserves the right to define such in ambiguous cases.
Abuse
Activities, as well as the promotion of or participation in such, that are considered unwelcome according to generally accepted internet conduct rules (Netiquette / RFC1855) are not permitted. This includes, but is not limited to, the (multiple) unsolicited distribution of unwanted messages (spam, UCE, etc.) and attacks against other internet-connected systems (DDoS Attack, Spoofing, etc.). WIN-WIN FOR WORK reserves the right to define Netiquette and its components. Furthermore, the customer shall refrain from excessive bandwidth consumption, meaning when available network resources are impaired to the detriment of other customers.
Violation
Definition
Any non-compliance or immorality against a prohibition mentioned under section 2 is considered a violation, whether intentional, unwitting, or caused by a third party. Such a violation can be detected by examining reports or complaints from third parties, or – depending on the case – by noticeable signs in WIN-WIN FOR WORK’s system monitoring mechanisms.
Consequence
The severity of the violation, as assessed by WIN-WIN FOR WORK, is crucial, and any potential penalty shall be proportionate. In any case, and at a minimum, the customer will receive a warning. In the event of a serious or repeated violation, WIN-WIN FOR WORK reserves the right to terminate a contract or subscription without notice, or to immediately temporarily suspend the affected content, service, account, or server.
Terms of Use for the POWER DUCK Dialog AI
These additional user terms apply specifically to the use of the POWER DUCK Dialog AI and supplement WIN-WIN FOR WORK’s existing General Terms and Conditions (GTC) and Data Protection Regulations. They are an integral part of the contractual relationship between WIN-WIN FOR WORK and the user.
1. Purpose and Scope
The POWER DUCK Dialog AI is provided as a supporting tool based on artificial intelligence. It serves to generate recommendations for action and information. The following terms govern the use of this AI and its interaction with the user, for both private and commercial use. By using the POWER DUCK Dialog AI, you expressly agree to these user terms. It is clarified that these terms supplement other existing agreements. Agreement to these terms is a prerequisite for using the AI.
2. Limitation of Liability and User Responsibility
The POWER DUCK Dialog AI functions exclusively as a generator of recommendations for action and information. It does not replace professional advice, particularly legal, financial, or business consulting, nor independent decision-making. The user bears full and unrestricted responsibility for all actions and decisions based on the AI’s recommendations. This applies in particular to financial, business, or personal decisions. WIN-WIN FOR WORK assumes no liability for damages resulting from the use of the AI or following its recommendations. The user is obliged to verify the accuracy and completeness of the information generated by the AI before any use.
3. Test Phase and Feedback Collection
During the test phase of the POWER DUCK Dialog AI, WIN-WIN FOR WORK may contact users to collect feedback. By using the test version, the user agrees to be contacted for this purpose. This feedback serves the continuous improvement and optimization of the AI. Participation in this feedback collection is voluntary. Contact will be made via email or other communication channels.
4. Voluntary Use and Disclaimer of Warranty
The use of the POWER DUCK Dialog AI is on a voluntary basis. There is no entitlement to a specific performance, a specific result, or continuous availability of the AI. WIN-WIN FOR WORK provides no warranty for the accuracy, completeness, timeliness, or suitability of the information and recommendations generated by the AI. In particular, no warranty is given for the AI’s suitability for a specific purpose or the achievement of a specific goal. Liability for damages incurred by the user through the use of the AI is excluded to the extent permitted by law. WIN-WIN FOR WORK is particularly not liable for direct or indirect damages, consequential damages, lost profits, or data loss.
5. Usage Restrictions and Refusal
WIN-WIN FOR WORK reserves the right to restrict, refuse, or temporarily suspend the use of the POWER DUCK Dialog AI at any time and without stating reasons. This applies in particular to violations of these user terms, the GTC, or applicable law. Commercial use of the AI is not permitted without prior written consent from WIN-WIN FOR WORK. Commercial use requires a separate contract and agreement to additional terms. WIN-WIN FOR WORK reserves the right to prohibit commercial use at any time if it conflicts with WIN-WIN FOR WORK’s interests or violates the agreement.
6. Data Processing and Data Protection
When using the POWER DUCK Dialog AI, anonymized user interactions, feedback, and metadata are processed. The data is anonymized using Shadow-Pin technology to protect user privacy. Shadow-Pin generation is not part of the AI dialogue with POWER DUCK and occurs separately. All data generated for the Shadow-Pin is regularly and automatically deleted, ensuring no connection can be established between the Shadow-Pin and the user. Details on data processing can be found in the WIN-WIN FOR WORK GmbH Privacy Policy and the Privacy Policy Supplement for the POWER DUCK Dialog AI. Data transfer generally occurs encrypted. WIN-WIN FOR WORK commits to complying with applicable data protection laws, including the Swiss Data Protection Act (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
7. Commercial Use of the POWER DUCK AI
The POWER DUCK Dialog AI can be used for both private and commercial purposes. We distinguish between two scenarios:
POWER DUCK Workspace (Commercial Solution): As part of customer orders for businesses, the POWER DUCK AI is provided with additional features such as a knowledge base, robotics module, and additional functions (depending on the customer’s order). Anonymous data streams are evaluated to improve the AI’s functionality and provide insights to the company. Since each use is an independent session with an individual Shadow-Pin, no inference can be made about the person, company, function within the company, or role within the company. Data processing is anonymized and in accordance with the security measures mentioned above. No personal reference is established. Access to the functions in the Workspace is via a personalized account with login data. Commercial use in the Workspace requires a separate contract between WIN-WIN FOR WORK and the company or the user.
MyPowerDuck.com (Commercial Use without Workspace Functions): On mypowerduck.com, users can subscribe to commercial use of the POWER DUCK Dialog AI without Workspace functions. This allows them to use the AI for their commercial purposes. Usage is limited to the dialogue functions with the AI. The specific terms of the subscription (duration, price, scope of use, etc.) are set out separately in the subscription terms. Data processing is analogous to private use, but with the aforementioned additions regarding billing and analysis of usage habits. A commercial subscription on mypowerduck.com does not entitle access to Workspace functions.
8. Changes to the User Terms
WIN-WIN FOR WORK reserves the right to change these user terms at any time. It is the user’s responsibility to regularly inform themselves about the current user terms. The current version is available on WIN-WIN FOR WORK’s website. By continuing to use the POWER DUCK Dialog AI, the user agrees to the currently valid user terms. In case of significant changes, the user will be informed via email.
9. Force Majeure
WIN-WIN FOR WORK is not liable for the non-fulfillment of its obligations or for damages caused by force majeure. Force majeure includes, in particular, natural disasters, wars, insurrections, terrorist attacks, pandemics, official orders, power outages, internet outages, and other unforeseeable events beyond the control of WIN-WIN FOR WORK.
10. Contact
For any questions regarding these terms of use, WIN-WIN FOR WORK is happy to assist you. Contact details can be found on the website.
By using the POWER DUCK Dialog AI, you agree to these terms of use.
For questions, please contact us:
WIN-WIN FOR WORK Ltd.
Email: info@winwinforwork.org