Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the services, applications, AI agents, assistants, and platforms (collectively, the “Services”) provided by ShamsAI GmbH (“ShamsAI,” “we,” “us,” or “our”). By creating an account or using our Services, you agree to these Terms. If you do not agree, you must discontinue use of the Services.

1. Company Information

  • Company: ShamsAI GmbH
  • Address: Zunzgerstrasse 24, 4450 Sissach, Switzerland
  • Website: shams.ai
  • Support Email: connect@shams.ai
  • Privacy Inquiry Email: dpo@shams.ai

2. Eligibility and Acceptance

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services.
  • By using our Services, you confirm you have the right, authority, and capacity to enter into these Terms.

3. Account Registration

  • Some features may require an account. You agree to provide accurate and current information.
  • You are responsible for safeguarding your credentials and any activity under your account.
  • Notify us immediately if you suspect unauthorized access or breach of security.

4. Scope of Services

  • ShamsAI offers AI-based applications and platforms for consumers and businesses.
  • Services may be free, paid, or freemium (e.g., subscriptions or in-app purchases).
  • We may change or discontinue any feature or the entire Service without prior notice.
  • Any license granted to you to use the software or the AI functionality is limited, non-exclusive, and revocable. You acquire no ownership in the software or AI models themselves.

5. Third-Party Services

  • Our Services may depend on or integrate with external providers or platforms (e.g., hosting providers, AI API providers such as OpenAI, AWS, etc.).
  • You must comply with any applicable third-party terms. Where necessary, you authorize us to transfer or grant IP rights in generated outputs if required by these third-party providers to deliver our Services.
  • We are not liable for failures caused by third-party providers beyond our control.
  • We handle your data in line with our Privacy Policy. Any data handling by third parties is subject to their own privacy policies.

6. User Obligations and Acceptable Use

You agree not to engage in any activity that violates these Terms or applicable law, including:

  • Violating any laws, regulations, or third-party rights.
  • Uploading or inputting unlawful, defamatory, or infringing content into the AI system.
  • Using the Services to engage in fraud, phishing, or malicious activities.
  • Attempting to gain unauthorized access to any systems or networks operated by ShamsAI or third parties, or reverse-engineering or decompiling the software.
  • Impersonating others or misrepresenting your affiliation with any person or entity.
  • Abusing the AI system, such as overwhelming requests, attempting to manipulate outputs in ways that contravene these Terms, or providing harmful or illegal instructions.

7. Intellectual Property

  • Ownership: All rights, title, and interest (including all intellectual property rights) in and to the Services, underlying software, AI models, and associated content belong to ShamsAI GmbH or our licensors. You do not acquire any ownership rights by using our Services.
  • License to Use Services: Subject to these Terms, we grant you a limited, non-exclusive, revocable license to access and use the Services for your internal business or personal purposes. This license does not include the right to modify, distribute, or otherwise exploit the software, AI models, or related content except as expressly stated.
  • User Input and Generated Outputs:
    • You retain any intellectual property rights you hold in the content or data you submit to the Services (“User Input”).
    • You grant ShamsAI a worldwide, non-exclusive license to use, process, store, and transmit your User Input solely for the purpose of providing and improving the Services (in accordance with our Privacy Policy and applicable laws). If we use any third-party AI provider (e.g., OpenAI) on your behalf, we ensure contractual safeguards to protect your inputs.
    • Any content generated by the AI based on your User Input (“AI Output”) is provided to you under a broad license so that you may use, reproduce, modify, distribute, or otherwise exploit it for your personal or commercial purposes, to the extent allowed by law. ShamsAI disclaims any liability for third-party IP claims related to such AI Output.

8. Paid Services

  • Fees for subscriptions or paid features will be disclosed before purchase.
  • Payments may be processed by third-party platforms; ShamsAI does not store complete payment card details.
  • Subscriptions auto-renew unless canceled before the end of the current billing cycle. You may cancel at any time.
  • Except as required by law, payments are non-refundable.
  • We may change pricing or subscription plans with reasonable prior notice.

9. AI Disclaimer and Other Disclaimers

  • AI Outputs: Our AI Services may occasionally produce incorrect, misleading, or biased outputs. You acknowledge that all AI Outputs are generated by algorithms and may not be 100% accurate or suitable for every context.
  • Decision-Making: You are solely responsible for any decisions or actions taken based on AI Outputs. ShamsAI is not liable for any damages or losses arising from reliance on AI-generated content.
  • “As Is” and “As Available”: The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
  • No Guaranteed Results: We do not guarantee the accuracy, reliability, availability, or completeness of the Services or the AI Outputs.

10. Limitation of Liability

  • To the fullest extent permitted by law, ShamsAI and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility of such damages.
  • Our total liability under these Terms is limited to the amount you have paid to ShamsAI (if any) in the six (6) months immediately preceding the event giving rise to the claim (or CHF 0 if you have made no payments).
  • We are not responsible for the acts or omissions of third parties, force majeure events, or any event beyond our reasonable control.

11. Indemnification

You agree to indemnify, defend, and hold harmless ShamsAI, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • Your access to or use of the Services.
  • Your breach of these Terms or violation of applicable law.
  • Your violation of any rights of another person or entity.

12. Termination

  • We may suspend or terminate your access if you violate these Terms or if we need to discontinue the Services.
  • You may stop using the Services and request account deletion at any time. Upon termination (by you or by us), your right to use the Services, including any license or subscription, will immediately end.
  • We may retain or delete your data in accordance with our Privacy Policy and applicable laws.

13. Modifications to These Terms

  • We may update these Terms at any time. We will notify you of material changes via our website or other communication channels.
  • Your continued use after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

  • These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles.
  • Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Switzerland, unless consumer protection laws in your country of residence require otherwise.

15. Miscellaneous

  • These Terms and our Privacy Policy form the entire agreement between you and ShamsAI regarding your use of the Services.
  • If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
  • You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights under these Terms freely.
  • We are not liable for delays or failures in performance due to causes beyond our reasonable control (“force majeure”).

Contact Us

If you have questions or concerns about these Terms, contact us at:

ShamsAI GmbH
Zunzgerstrasse 24, 4450 Sissach, Switzerland
Email: connect@shams.ai

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.