License and Terms of Use
for the AI-powered Chatbot “oneclick™ Assist”
of oneclick AG, Feldeggstr. 26, 8008 Zurich, Switzerland (hereinafter “oneclick”)
Version: 1.0
1. Scope
1.1 These License and Terms of Use (“Terms”) govern the use of the AI-powered chatbot “oneclick™ Assist” (“Chatbot”) and apply to all persons (“you”) who use the Chatbot. By using the Chatbot, you agree to these Terms.
1.2 The Chatbot is an optional component of the oneclick™ Platform product (“Main Product”).
1.3 The Chatbot is intended exclusively for businesses and is provided as part of the business use of the Main Product. To the extent that the Chatbot is used, in exceptional cases, by individuals outside this business context, the provisions of these Terms remain applicable to the extent permitted by law.
1.4 Deviating terms and conditions shall not apply unless oneclick expressly agrees to them in writing.
2. Subject Matter of the Agreement
2.1 As part of the Main Product, oneclick provides you with an AI-powered chatbot that generates automated support responses.
2.2 oneclick does not guarantee any specific results, but only the provision of the system to the agreed extent.
3. Third-Party LLM and Third-Party Terms
3.1 The chatbot uses an AI model from a third-party provider (“LLM provider”) based on a Large Language Model.
3.2 Use may additionally be subject to the license and terms of use of the LLM provider.
3.3 The AI model underlying the chatbot may contain components published under open-source licenses. The use of such components is subject to the respective license terms of the relevant rights holders. To the extent required by the respective open-source licenses, oneclick provides the corresponding license texts and notices.
3.4 oneclick assumes no liability for:
- the technical availability of the LLM provider
- changes to the API or model functions
- changes in performance or discontinuation by the LLM provider
3.5 oneclick is entitled to replace the LLM used at any time with an equivalent system.
3.6 The foregoing provisions do not affect oneclick’s responsibility for its own integration services. oneclick is liable, in accordance with these Terms, for the proper integration of the LLM used into the Chatbot, as well as for the system architecture and functionality provided by oneclick.
4. Scope of Services
The chatbot offers, in particular:
- Answers to product-specific support questions
- Links to documentation
- Support with administrative tasks
oneclick reserves the right to revise, modify, improve, or discontinue the Chatbot in whole or in part from time to time without prior notice.
5. License
5.1 You are granted a non-exclusive, non-transferable right to use the chatbot exclusively within the scope of the main product.
5.2 No rights to the source code, AI model, or system architecture are transferred.
5.3 Reverse engineering and attempts at manipulation are prohibited.
6. AI-Specific Notes
6.1 You acknowledge that responses are generated automatically and may be outdated, factually incorrect, incomplete, or misleading, and that no comprehensive human review is performed in advance.
6.2 In particular, the Chatbot does not constitute any legally binding statements, warranties, technical approvals, or legal or regulatory advice.
6.3 You remain responsible for reviewing, deriving, and implementing recommendations for action.
6.4 The Chatbot’s responses are based exclusively on source material curated by oneclick. oneclick is not obligated to update the information underlying the responses.
6.5 oneclick reserves the right to have the Chatbot’s responses reviewed by trained staff and, if necessary, to take over the chat partially or entirely.
6.6 To the extent permitted by law, you are entitled to the rights of use for the content generated by the Chatbot. However, oneclick does not guarantee that the generated content is free from third-party rights, legally protectable, correct, or unique, or that it was created exclusively for you.
7. Permitted Use
7.1 You warrant that you are authorized to enter data.
7.2 You agree to enter only permissible data and not to include any illegal content, confidential third-party data without authorization, special-category personal data (as defined in Art. 5(c) revDSG or Art. 9(1) GDPR), or information subject to export controls.
7.3 oneclick is entitled to block access in the event of misuse.
8. Data Protection
8.1 The processing of personal data in connection with the use of the Chatbot is governed exclusively by oneclick’s Privacy Policy in its currently valid version. This is available at: https://oneclick-cloud.com/en/privacy-policy-oneclick-services/
The Privacy Policy is an integral part of the contractual relationship.
8.2 You are responsible for the lawfulness of the content and personal data you enter. You agree, where necessary, to provide information regarding the use of the Chatbot within your organization in compliance with data protection regulations.
8.3 In the event of any conflict between these Terms and the Privacy Policy, the provisions of the Privacy Policy shall prevail with respect to data protection matters.
9. Availability and Service Levels
9.1 The Chatbot is an optional, AI-powered add-on module of the Main Product. oneclick does not provide any independent guarantee regarding a specific level of availability, performance, or uninterrupted usability of the Chatbot. In particular, no minimum availability is guaranteed.
The functionality of the Chatbot depends, among other things, on the availability of the Main Product, the customer’s infrastructure, the availability of the LLM provider used, as well as external network connections and API interfaces.
A failure or limited availability of the Chatbot does not constitute a defect in the Main Product.
9.2 The Chatbot’s separate Service Level Agreements (SLA) at https://oneclick-cloud.com/en/sla-oneclick-assist/ apply.
10. Warranty
10.1 oneclick warrants that the system will be provided substantially in accordance with the service description set forth in Section 4 of these Terms.
10.2 No warranty is provided for the accuracy of AI-generated responses, uninterrupted use, or compatibility with third-party systems outside the specification.
11. Liability
11.1 oneclick shall have unlimited liability in cases of willful misconduct, gross negligence, or personal injury.
11.2 In cases of slight negligence, oneclick is liable only for breaches of material contractual obligations.
11.3 Liability is limited to the annual contract value paid over the last 12 months.
11.4 To the extent permitted by law, liability is excluded for indirect damages, consequential damages, lost profits, data loss, and regulatory consequences resulting from the use of AI responses.
12. Force Majeure
oneclick shall not be liable for service disruptions, outages, or delays of the Chatbot caused by events beyond oneclick’s reasonable control. These include, in particular, natural disasters, war, government orders, failures of telecommunications or cloud infrastructure, and disruptions to the services provided by the LLM provider. During the duration of such events, the affected performance obligations are suspended.
13. International Use
13.1 You are solely responsible for the legal permissibility of use in your country.
13.2 oneclick assumes no liability for regulatory compliance outside of Switzerland.
13.3 You are obligated to comply with export control laws.
14. Changes
oneclick may amend these Terms at any time. Changes will be announced with reasonable notice, but at least 14 days in advance. The amended terms become legally effective immediately upon publication and your continued use of our services.
15. Governing Law and Jurisdiction
15.1 Swiss substantive law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 The exclusive place of jurisdiction is Zurich, Switzerland.
16. Information on the Use of Artificial Intelligence under the EU AI Act
16.1 The Chatbot is an AI-powered system within the meaning of the applicable regulatory provisions.
You acknowledge that all content generated by the Chatbot is produced automatically by an artificial intelligence system.
oneclick ensures that the use of AI is appropriately identifiable as such.
You are obligated to ensure, when integrating the Chatbot into your own systems, that end users are clearly and transparently informed that they are interacting with an AI system.
16.2 The Chatbot is intended solely for support purposes.
The Chatbot does not make autonomous decisions, has no direct legal effect on natural persons, does not replace human review or evaluation, and is not intended for automated decision-making within the meaning of Art. 21 revDSG or Art. 22 GDPR.
The responsibility for the use, evaluation, and implementation of AI-generated content lies solely with you.
16.3 In accordance with its contractually specified purpose, the Chatbot is not designed or intended to be a high-risk AI system within the meaning of Article 6 of the EU AI Act.
Use in high-risk areas, particularly in connection with biometric identification, critical infrastructure, employment decisions, creditworthiness checks, access to essential private or public services, law enforcement or the judiciary, or the evaluation of natural persons (scoring), is expressly prohibited.
If such use occurs contrary to the contractual purpose, it is done solely at your own risk.
16.4 You agree not to use the Chatbot for social scoring, manipulative or deceptive practices, exploitation of vulnerable individuals, covert profiling of natural persons, unauthorized surveillance or behavioral analysis, or the creation or dissemination of illegal content.
16.5 The Chatbot can generate content.
You are obligated to review generated content before sharing or implementing it, to establish appropriate internal control mechanisms, and to ensure that it is not misrepresented as human-generated content, where legally relevant.
oneclick assumes no liability for the accuracy of the content, regulatory compliance, or commercial suitability of generated content.
16.6 The Chatbot is powered by a third-party AI model. To the extent that this model is classified as a “General Purpose AI Model” within the meaning of the EU AI Act, certain regulatory obligations rest exclusively with the model provider. oneclick owes no further regulatory guarantee regarding the conformity of the third-party model.
16.7 You are obligated to independently review applicable AI regulations within your scope of application, conduct necessary risk assessments, implement internal compliance measures, and independently fulfill any documentation requirements.
oneclick assumes no obligation to provide advice regarding regulatory classification in the respective country of use.
16.8 If the Chatbot is used within the European Union, you acknowledge that compliance with the EU AI Act regarding its specific use falls within your area of responsibility.