Terms and conditions

§ 1 Scope and conclusion of the contract

1. These terms apply to all subscriptions, vouchers and services you obtain in the client dashboard of Temu AG, Zurich, UID CHE-251.834.519 («Temu», «we»). Questions about these terms and about data protection go to privacy@temu.studio. The contracting party is the person or company for whom the dashboard account was opened («you»).
2. A place at Temu is granted only by application. Application, interview and selection do not yet form a contract. After selection, we open an account for you in the dashboard.
3. A subscription contract is concluded when you choose a subscription and a payment method in the dashboard, accept these terms and give your go-ahead. The subscription begins once your first payment is confirmed.
4. Deviating terms apply only if we agree them in writing. Such an agreement takes precedence over these terms where it differs from them.
5. The terms of use of temu.studio and temu.swiss govern the use of those websites, not your subscription.

§ 2 Services and subscriptions

1. With a subscription you engage Temu to design, develop, operate and further develop your web presence. Each subscription includes, per cycle, an effort of 100% of the plan: AI compute, consulting and development (§ 5). We owe careful work, but no particular result within a particular time.
2. The following subscriptions exist. Their content and price as shown by the dashboard at purchase are binding:

3. Each of the three creative subscriptions includes the maintenance subscription. You can hold only one subscription at a time.
4. You submit wishes and corrections as change requests in the dashboard, with a priority. We usually reply within two working days; we agree the order of implementation with you.
5. Perks such as the Limen account or agency hosting at cyon are tied to the subscription: they begin with it, stay while it runs and end with it. Third-party services are additionally subject to their providers' terms.
6. We may have parts of the work carried out by carefully selected third parties and by AI systems. Every result is reviewed and answered for by a person at Temu.

§ 3 Prices and billing

1. Prices are in Swiss francs per month, plus VAT at the applicable rate (currently 8.1% for clients in Switzerland and Liechtenstein). The price shown by the dashboard at purchase is binding.
2. The first ten clients receive founding prices. They apply indefinitely as long as the subscription continues without interruption. A plan change or a new subscription after a cancellation is charged at the price of the day.
3. A cycle lasts one month from the day your first payment is confirmed. Billing is in advance: each invoice pays for the month that begins on its due date. You receive the invoice for the next cycle 15 days before it begins; it is due on the cycle's first day.
4. You pay by card (automatically via Stripe), by bank transfer or by QR bill. We confirm an announced transfer within five working days of receipt.
5. Paid cycles are not refunded, not even in part. If an amount was charged twice in error, we refund it promptly.
6. We may adjust prices with at least 30 days' notice, effective from the start of a cycle. You may cancel before then, effective at the end of the current cycle. Founding prices are excluded.

§ 4 Late payment

1. If an invoice is unpaid on its due date, we remind you. A failed card payment is retried automatically.
2. If the invoice is still open 15 days after its due date, work on your project pauses until it is paid. The included Limen account then falls back to the free tier.
3. Your website stays online until 30 days after the end of your last paid cycle (§ 9 para. 3). Your account and all downloads remain available in any case.
4. Once you pay, everything resumes at once. We charge no default interest and no reminder fees.
5. If an invoice remains open 30 days after its due date, the subscription ends with the last paid cycle, and we cancel the open invoice to the extent you received no services in the unpaid cycle. Your data and your website are then governed by § 9.

§ 5 Effort, vouchers and bonus

1. Effort measures how much AI compute, consulting and development we put into your project, as a share of what your subscription includes per cycle (100%). You see every entry in the dashboard's effort log, with its kind and date.
2. The subscription's effort lapses at the end of each cycle; it does not carry over. Once it is used up, work pauses until the next cycle or until you top it up with a voucher. From 80% the dashboard alerts you.
3. Vouchers are bought once, by card, only while a subscription runs. Their value in percent depends on the subscription in force at purchase and is shown at purchase.
4. Temu may grant a bonus at its discretion, for instance for tasks you take on for us. It works like a voucher; there is no entitlement to it.
5. Unused credit from vouchers and bonus carries over into the next cycle. It lapses when the subscription ends. Vouchers are not paid out in cash.
6. Additional effort beyond your credit is set against the next cycle. It is never invoiced without your consent.

§ 6 Plan changes and cancellation

1. You can change your subscription at any time in the dashboard. The change applies from the next cycle; the current cycle ends on the subscription it began with. An invoice already issued for the next cycle is reissued at the new price.
2. There is no minimum term and no notice period. You cancel with one click in the dashboard, effective at the end of the paid cycle. Until then all services stay as they are, and you can withdraw the cancellation with one click.
3. If the invoice for the next cycle has already been issued when you cancel, we cancel it on your message.
4. We may terminate a subscription with 30 days' notice to the end of a cycle. For good cause, such as a serious breach of contract, either party may terminate without notice.
5. What happens to your data and your website after the subscription ends is governed by § 9.

§ 7 Ownership and rights in the work delivered

1. What we create specifically for you is yours. This covers the design, code, texts, images, content, configurations and documentation of your project, and your AI avatar (§ 10). With payment of a cycle, all transferable copyright and other intellectual property rights in what was created in that cycle pass to you completely, exclusively, worldwide and without time limit.
2. You may use, change, develop further, operate yourself or through third parties, transfer and license this work without our consent and at no further cost. You may already use it before payment.
3. Our own tools stay with us: the dashboard, the technology behind the avatar, our templates, methods and general know-how. Where your website needs such components, you receive a perpetual, free, non-exclusive right to use them, including after the subscription ends and for third parties who look after your website in future.
4. Third-party components (open-source software, fonts, image libraries, services) are governed by their licences. We use only those that allow you to use your website, and name the licences on request.
5. What you bring in remains yours: your brand, logos, texts, images and documents. You allow us to use them for your project while we work on it.
6. We waive being named as author on your website. We do not use your work for other clients or to train AI models.

§ 8 Domain, hosting and technical accounts

1. Your domain is always registered to you. We register it in your name or use your existing one. You pay registration and renewal directly to your registrar. We only set it up technically, with the access you grant us.
2. While your subscription runs, we operate your website on our accounts at Vercel, Supabase, Sanity, GitHub and cyon. This foundation is included in the subscription. We back up your data daily and keep a copy in Switzerland.
3. We build in no locks and no hidden dependencies. Your code and content can be run elsewhere by ordinary means.
4. On request we help you move your website into your own accounts while the subscription runs. This work counts towards your subscription's effort.
5. We strive for uninterrupted operation but guarantee no particular availability. Outages of our providers are governed by § 13.

§ 9 Your data stays available, even after the subscription

1. You can download everything that belongs to your project at any time, without asking us. The dashboard provides:
   • the complete code of your website as a ZIP archive;
   • the published content of your website with images and files, ready to import again;
   • your AI avatar with its character, facts, conversations, images and documents, ready for another AI;
   • all files of your project from the vault.
2. This also applies after your subscription ends and even if you stop paying: your account remains, and you can still sign in and download all data. No special handover is therefore needed. Your account remains indefinitely, until you ask for it to be deleted.
3. Your website stays online for 30 days after the subscription ends, so you can move it calmly. After that we take it offline. Your data remains in your account.
4. On your request we delete your account and all data, except what we must keep by law, such as invoices.

§ 10 The AI avatar

1. Your avatar is yours: its name, character, images, knowledge and conversations. You can download it at any time and use it with another AI (§ 9).
2. The avatar works with an AI from Anthropic (USA). Before it processes any data, you give your express consent in the dashboard. Anthropic does not use the data to train its AI and keeps it only for a limited time. You may withdraw your consent at any time by a message to us or to privacy@temu.studio; the avatar then processes nothing more.
3. Temu reads your avatar's conversations solely to improve it. We never use them for other clients or to train AI models, and keep none of them once you ask us to delete them.
4. Each cycle, your subscription includes a number of questions to the avatar (§ 2); vouchers raise it. For the avatar on your website we agree a monthly budget with you. Once it is used up, the avatar falls silent until the next month.
5. Where your avatar talks with visitors to your website, you are responsible towards those visitors, and we process their data on your behalf (§ 11). We keep visitor conversations for 12 months and then delete them automatically.
6. An avatar is an AI and can be wrong. It tells visitors so. You are responsible for statements it makes on the basis of content you provide; review its knowledge regularly in the dashboard.

§ 11 Data protection and processing on your behalf

1. For your own data as a client (account, invoices, messages), we are the controller; details are in our privacy policy on temu.studio.
2. Personal data on your website and in the avatar (for instance of visitors, participants or your customers) we process on your behalf, under Art. 9 of the Swiss Federal Act on Data Protection and only on your instructions. The details are set out in a data processing agreement that forms part of these terms and is published at dashboard.temu.swiss/adv.
3. Your data is stored in Frankfurt (database) and in Basel (files and backups). We use the following sub-processors:

4. Transfers to the USA are safeguarded by appropriate guarantees under Art. 16 of the Swiss Federal Act on Data Protection, in particular the Swiss-US Data Privacy Framework or standard contractual clauses. We announce a new sub-processor 30 days in advance; you may object and cancel.
5. Particularly sensitive data, such as health data, we process only by separate agreement. We report security incidents to you without delay.

§ 12 Your cooperation and your content

1. You provide in good time the information, content and approvals we need for your project, for instance in the brief, in change requests and when reviewing work delivered.
2. You warrant that you hold the rights to everything you give us and that your content is lawful. If third parties bring claims against us on that account, you indemnify us.
3. You are responsible for the legal content of your website, such as the imprint, privacy policy and details of your offers. We point out gaps we notice but give no legal advice.
4. You keep your sign-in details secret and tell us at once if you suspect misuse.

§ 13 Warranty and liability

1. You report defects in our work as change requests. We fix them within your subscription; fixing our own defects does not count as effort.
2. We are liable for damage we cause through our fault, in total up to at most the subscription fees you paid in the three months before the damaging event.
3. We are not liable for indirect or consequential damage, such as lost profit or loss of data, to the extent the law permits. Our daily backups and your own downloads (§ 9) protect against loss of data.
4. For outages and errors of our providers (§ 11) and for the AI's answers, we are liable only where we caused them through fault in selecting or supervising them.
5. Liability for intent and gross negligence, and for harm to life, body and health, remains unlimited.

§ 14 Confidentiality and references

1. Each party treats the other's non-public information as confidential, including after the subscription ends. Disclosures required by law are excepted.
2. We show your website as a reference, for instance in the Salon on temu.studio, only with your prior consent. You may withdraw it at any time; we then remove the reference within 30 days.
3. We name you and your brand only with your consent.

§ 15 Changes and final provisions

1. We may change these terms. Changes to your disadvantage are announced 30 days in advance in the dashboard and by email. They apply to your subscription from the first cycle after that period, unless you cancel beforehand. We never curtail your rights under § 7 and § 9 in work already paid for.
2. If a provision is invalid, the rest remains in force. It is replaced by a provision that comes closest to its purpose.
3. Swiss law applies, excluding its conflict-of-law rules and the Vienna Sales Convention. The place of jurisdiction is Zurich; mandatory places of jurisdiction, for instance for consumers, are reserved.
4. The German version is binding. The English translation is for understanding.