Terms of Use for end users

This is a translation. Only the German version is legally binding.

SaaS platform “POWER DUCK Augmented Vital@Work Navigator”

Preamble & assistive nature of the platform

These Terms of Use govern your rights and obligations as an end user (hereinafter “user”) when using the SaaS platform “POWER DUCK Augmented Vital@Work Navigator” (hereinafter “platform” or “Navigator”). The platform is provided by WIN-WIN FOR WORK GmbH (hereinafter “provider” or “WIN-WIN FOR WORK”). Use of the platform is permitted exclusively within the scope of the business activities of the contractual partner (hereinafter “customer”) that has assigned a corresponding user account to the user.

The Navigator is based on state-of-the-art artificial intelligence (AI) models and serves as a purely assistive orientation and navigation tool that represents the Vital@Work method digitally. The system does not take any independent operational decisions, does not make any automated individual decisions with legal effect and does not allocate tasks algorithmically. All responsibility for operational measures and decisions remains entirely with the human actor (“human-in-the-loop”).

1. Scope and B2B focus

The platform is aimed exclusively at B2B users within the scope of the customer’s commercial or self-employed professional activity. Any use for private purposes (B2C) and the application of consumer protection provisions are entirely and validly excluded.

2. Permitted use and prohibition of processing under employment law

In order to comply with applicable data protection and employment law (in particular the prohibition of monitoring under employment law pursuant to Art. 26 para. 1 of Ordinance 3 to the Swiss Employment Act, ArGV 3), the following strict and mandatory rules apply to the use of the platform:

  • No monitoring of behaviour or performance: It is strictly prohibited to use the platform to monitor, assess or predict the behaviour, motivation, psyche or individual work performance of individual employees in the workplace. The assignment of performance-based KPIs via the platform is not permitted.
  • Prohibition of sensitive data (input restrictions): Within the scope of their duties to cooperate, the user is obliged not to enter any highly sensitive personal data (e.g. health data, religious views, trade union memberships), any biometric data (such as voice or facial expression profiles) or any unmasked behavioural profiles of employees into the free-text fields of the Navigator. The system is technically completely blind to biometric data and has no sensors whatsoever for emotion recognition.
  • Prohibition of misuse for other purposes: The entry of personal performance data or the targeted querying of behavioural assessments goes beyond the contractually and technically intended purpose of use. A breach of this provision excludes any liability on the part of WIN-WIN FOR WORK.

3. The reality of data processing: pseudonymisation instead of anonymisation

In order to ensure legally compliant and technically transparent use of the platform, WIN-WIN FOR WORK hereby informs the user about the actual data processing operations:

  • No automatic anonymisation / physical masking: The system deliberately refrains from using automated software interfaces for the physical masking, blacking out, redaction or alteration of text inputs. No such physical masking or automated anonymisation takes place, as this would impair the semantic processing quality, the substantive context and the precise functioning of the Navigator. Processing therefore takes place in the full semantic context.
  • System-side pseudonymisation: Before text inputs are forwarded to the connected generative language models, the platform separates name, e-mail address and user role on the system side. As a result, the data are processed in a pseudonymised form to the best possible extent (expressly not anonymised).
  • Application-integrated prompt and content filters (guardrails): Compliance with the protection of personality and with purpose limitation is ensured by dynamic system prompts and instruction filters integrated into the software directly in the processing logic at application level. These filters function as native guardrails and proactively block impermissible queries regarding performance or behavioural assessments at the logical level.
  • Inherent residual risk: Owing to the nature of generative language models, the entry of free text entails the theoretical, inherent residual risk that the AI may draw conclusions about individuals from the remaining purely semantic context. Mathematically flawless anonymisation or complete pseudonymisation in a free-text context is systemically impossible with natural language. The user therefore bears joint responsibility for formulating free texts in such a way that such conclusions are avoided, and for always critically reviewing the AI-generated recommendations before operational implementation (“human-in-the-loop”).

4. Obligations and prohibitions relating to system security

The quality of service and the stability of the system environment serve the interests of the entire user community. Any unauthorised interference or misuse for other purposes is prohibited. The user undertakes to comply with the following security and conduct rules:

  • Prohibition of sharing accounts (user credentials): Each user account and the associated login data are strictly personal and tied to the respective registered user. The disclosure of access data to work colleagues, other departments or external third parties is strictly prohibited. In the event of unauthorised disclosure, the user (or the customer) is liable for all resulting consequences. WIN-WIN FOR WORK reserves the right to block improperly shared access immediately and permanently.
  • Strict compliance with Swiss law: The processing of data, content or activities that violate Swiss law or infringe the rights of third parties is prohibited. This includes, in particular, feeding in data protected by copyright, trademark or distribution rights without the corresponding licence entitlement.
  • Prohibition of racist and discriminatory content: The entry, generation or dissemination of racist, sexist, defamatory or other discriminatory content is strictly prohibited. In cases of doubt, the final decision on the definition of infringing content lies exclusively with WIN-WIN FOR WORK.
  • Prohibition of system abuse & network attacks: Activities that are considered unwelcome under the generally recognised rules of conduct on the internet (netiquette / RFC1855) are prohibited. These include the distribution of unsolicited messages (spam, UCE) and attacks on the infrastructure of the platform or other systems connected to the internet (DDoS attacks, IP spoofing, distribution of malware).
  • Conservation of resources: The user refrains from excessive, abusive consumption of bandwidth or resources (e.g. through automated scripts or unauthorised bulk requests) which impairs the availability of the platform to the detriment of other customers and users.

5. Personal responsibility and limitation of liability for AI outputs

Since the Navigator uses highly developed AI support, the following liability rules apply to protect WIN-WIN FOR WORK:

  • Technological risk of AI hallucinations: The user acknowledges that generative language models may, despite optimal filters, produce incorrect, incomplete or misleading results (“hallucinations”). Any warranty for the substantive accuracy, completeness, logical correctness or currency of the AI-generated outputs is excluded. The risk of using these data lies exclusively with the user.
  • Exclusion of liability for operational decisions: Under no circumstances shall WIN-WIN FOR WORK be liable for strategic, operational, financial or HR-law decisions taken by the user or the customer on the basis of the analyses or recommendations for action generated by the Navigator. An independent human review must be carried out before any operational implementation or measure under employment law.
  • No guarantee that the guardrails are entirely error-free: The AI guardrails and system prompts for ensuring compliance with purpose limitation are operated in accordance with the current state of the art purely as a duty of care. Owing to the inherent complexity of the systems, a technically caused failure of these filters or the existence of a software bug does not constitute proof of gross negligence. Liability for slight and moderate negligence is excluded to the maximum extent permitted by law (Art. 100 CO).

6. Training obligation, policy compliance and internal implementation within the company

The client (the contracting company / the customer) bears, within its operational sphere, sole responsibility for ensuring that the platform is used lawfully, securely and in accordance with instructions within its organisation. In this context, the following mandatory obligations apply:

  • Mandatory training and instruction: The client is obliged to provide appropriate training to all end users (employees, managers and authorised third parties) before their first access to the system and subsequently at regular intervals. The training must cover the correct and secure handling of the Navigator, in particular raising awareness of the limitations of AI models (e.g. hallucinations), the strict prohibition of monitoring behaviour and performance in the workplace and the legally compliant handling of free-text fields.
  • Compliance with employment and security policies: The client shall independently ensure that the use of the platform is fully in line with the applicable statutory provisions (in particular the Swiss Employment Act, ordinances such as ArGV 3 and the applicable data protection laws). It must furthermore ensure that the use does not violate internal IT security policies, data protection rules or existing works agreements.
  • Internal enforcement within the company: The client must ensure, by means of appropriate legal, organisational and technical measures (such as issuing binding internal instructions, concluding works agreements or obtaining declarations of consent), that these Terms of Use are understood, implemented and fully complied with by all authorised users in the company.
  • Indemnification in the event of breaches of duty and inadequate training: If an end user of the client breaches the provisions of these Terms of Use due to inadequate training, insufficient instruction or a breach of the client’s internal supervisory duties, the client shall fully indemnify the provider (WIN-WIN FOR WORK GmbH), upon first demand, against all resulting third-party claims (including claims by employees, trade unions, works councils or governmental supervisory authorities) and all associated costs and damages.

7. Breaches and consequences

Any non-observance or violation of, or conduct contrary to public morals in relation to, the obligations defined in these Terms of Use constitutes a serious breach (whether intentional, unwitting or caused by unauthorised third-party interference with the user account). Such a breach may be detected through system checks, automated error logs or reports from third parties.

Depending on the severity and frequency of the breach, WIN-WIN FOR WORK reserves the right to take the following measures while observing the principle of proportionality:

  1. Written warning to the user and request to cease the objectionable conduct immediately (minimum measure).
  2. Immediate, temporary blocking of the affected user account or of certain system functions in order to limit damage, while the customer’s payment obligations continue undiminished.
  3. Termination of the right of use without notice and permanent deletion of the account in the event of serious, intentional or repeated breaches.

8. Data protection & cloud storage

The privacy policy and the data processing agreement (DPA) between WIN-WIN FOR WORK and the customer apply to the operation of the platform in compliance with data protection law. In order to ensure data minimisation, an automatic deletion period applies: inactive user accounts, including all profile data and project documents, are automatically and irrevocably deleted after 6 months of uninterrupted inactivity. Reactivation is not possible.

9. Applicable law & place of jurisdiction

These Terms of Use are governed exclusively by substantive Swiss law (excluding the conflict-of-laws rules). The exclusive place of jurisdiction for all disputes is the registered office of WIN-WIN FOR WORK (Küssnacht SZ / Immensee, Switzerland).