Wecheer - Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Wecheer platform and related services as a business customer ("Customer"). By accessing our platform or purchasing a subscription, you agree to these Terms.

2. Definitions

Key terms used in these Terms:

• Platform: The Wecheer SaaS application and all related services
• Services: Campaign management, consumer engagement, analytics, and API access
• Customer: Your organization purchasing and using Wecheer services
• Customer Data: All data you upload or create through the platform
• Consumer Data: Data about consumers participating in your campaigns
• Subscription: Your service plan and term of access

3. Services Description

Wecheer provides a comprehensive SaaS platform that enables you to:

• Create and manage consumer engagement campaigns
• Distribute promotional offers via QR codes and digital channels
• Validate consumer participation and purchase transactions
• Manage consumer loyalty programs and rewards
• Access detailed campaign analytics and reporting
• Integrate with your systems via our API

4. Account & Access

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Authorizing which employees may access your account
• Monitoring account activity and reporting unauthorized access
• Keeping account information current and accurate
• Complying with all applicable laws when using the platform

5. Subscription & Payment

Subscription terms:

• Pricing is based on your selected subscription plan (monthly or annual)
• Invoices are issued and due within 30 days
• Auto-renewal occurs unless you cancel at least 30 days before expiration
• We may increase prices with 60 days written notice
• Refunds are available under our standard refund policy
• Unpaid invoices may result in suspension of service

6. Service Levels

Wecheer commits to:

• 99.5% platform uptime (monthly target, measured excluding scheduled maintenance)
• Scheduled maintenance is announced with at least 48 hours notice
• Priority support with response time target of 24 business hours
• Regular security updates and patches
• No specific service level guarantees are made for third-party integrations

7. Customer Data

Regarding your data:

• You retain full ownership of all your data and content
• We process your data according to our Data Processing Agreement
• You grant Wecheer a limited license to use your data solely to provide Services
• Upon termination, your data remains portable and available for export within 30 days

8. Acceptable Use

You agree not to:

• Use the platform for illegal, fraudulent, or unethical purposes
• Attempt to reverse engineer, decompile, or modify our platform
• Attempt unauthorized access to systems or data
• Resell or transfer your subscription without written permission
• Benchmark our platform against competitors without consent
• Violate any applicable laws or regulations in your use

9. Intellectual Property

Intellectual property allocation:

• Wecheer owns all platform technology, software, improvements, and documentation
• You own all your content, data, and campaign materials
• Wecheer grants you a non-exclusive, limited license to use the platform during your subscription
• Upon termination, all licenses terminate

10. AI Services (Wecheer.AI)

Wecheer offers AI-powered features including campaign recommendations, consumer insights, content generation, and predictive analytics ("AI Services"). The following terms apply specifically to AI Services:

10.1 No Guarantee of Accuracy

AI-generated outputs may contain errors, inaccuracies, or incomplete information. AI technology, including large language models, can produce responses that appear plausible but are factually incorrect ("hallucinations"). Wecheer makes no warranty regarding the accuracy, completeness, or reliability of AI-generated content.

10.2 Human Oversight Required

All AI-generated recommendations, campaign suggestions, analytics insights, and content are advisory only. The Customer is solely responsible for reviewing, validating, and approving all AI outputs before acting on them or publishing them. AI Services do not replace professional judgment, and the Customer should not rely on AI outputs as the sole basis for business decisions.

10.3 Ownership of AI Outputs

The Customer retains ownership of all data they input into AI Services. AI-generated outputs (including campaign recommendations, generated content, reports, and insights) are owned by the Customer once generated. Wecheer retains no ownership rights over Customer-specific AI outputs.

10.4 Input Data Usage

Wecheer may use anonymized and aggregated data derived from AI interactions to improve the quality and performance of AI Services. Wecheer will not use identifiable Customer data or proprietary campaign data to train AI models without the Customer's explicit written consent. Individual prompts and responses are not stored beyond the active session unless the Customer opts into conversation history.

10.5 Third-Party AI Providers

AI Services may utilise third-party AI infrastructure providers. These providers are bound by data processing agreements and are listed in our subprocessor registry. Customer data sent to third-party AI providers is subject to the same confidentiality and data protection obligations as all other Customer data.

10.6 Limitation of Liability for AI

Wecheer shall not be liable for any loss, damage, or adverse outcome resulting from the Customer's reliance on AI-generated outputs. This includes, without limitation, financial losses from campaign decisions, reputational harm from published AI-generated content, or regulatory non-compliance arising from AI recommendations. The Customer assumes all risk associated with acting on AI outputs.

11. Confidentiality

Both parties agree to:

• Protect the other party's confidential information
• Use confidential information only for purposes of performing this Agreement
• Maintain reasonable security measures
• Return or destroy confidential information upon request
• Confidentiality obligations survive for 3 years after termination

12. Limitation of Liability

Liability limitations:

• Our total aggregate liability is capped at fees paid by you in the prior 12 months
• We are not liable for indirect, consequential, incidental, or special damages
• We are not liable for service interruptions caused by circumstances beyond our control
• Exceptions: Liability for willful misconduct and data breaches are not limited

13. Indemnification

Mutual indemnification:

• Each party indemnifies the other against third-party IP infringement claims
• Each party indemnifies the other against material breach claims
• Claims must be reported promptly
• Indemnifying party controls defense and settlement

14. Term & Termination

Regarding contract duration:

• Initial term as stated in your subscription agreement (typically 12 months)
• Auto-renewal occurs unless either party provides 30 days notice of non-renewal
• Either party may terminate for material breach with 30 days written notice and opportunity to cure
• Immediate termination is permitted for material breach that cannot be cured
• Upon termination, your data is available for export within 30 days

15. Governing Law

Legal framework:

• These Terms are governed by Swiss law
• Disputes are subject to the exclusive jurisdiction of courts in Lausanne, Switzerland
• Both parties commit to good faith negotiation before pursuing litigation

16. General

Additional terms:

• This Agreement constitutes the entire agreement between the parties
• If any provision is invalid, remaining provisions remain in effect
• No waiver of rights is valid unless in writing and signed by both parties
• This Agreement may not be assigned without written consent, except by Wecheer

17. Contact Information

For legal or contractual matters:

• Email: legal@wecheer.io
• Wecheer AG
• Lausanne, Switzerland