{"id":457,"date":"2025-01-20T08:04:26","date_gmt":"2025-01-20T07:04:26","guid":{"rendered":"https:\/\/hhomepage.com\/powerduck\/agb\/"},"modified":"2026-10-15T17:01:52","modified_gmt":"2026-10-15T15:01:52","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"

General Terms and Conditions (GTC) of WIN-WIN FOR WORK GmbH<\/h1><\/div>

This is a translation. Only the German version<\/a> is legally binding.<\/em><\/p>\n

Software as a Service (SaaS) for the platform
\n\u201cPOWER DUCK Augmented Vital@Work Navigator\u201d
\nand related services<\/em><\/p>\n

Valid from: August 2026<\/strong><\/p>\n

Table of contents\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0<\/strong><\/p>\n

Preamble<\/p>\n

\u00a7 1 Scope, B2B focus & defensive clause<\/strong><\/p>\n

\u00a7<\/strong> 2 Subject matter of the contract, scope of services & reservation of further development\u00a0<\/strong><\/p>\n

\u00a7 3 Use of AI, system limits & EU AI Act <\/strong><\/p>\n

\u00a7 4 Customer\u2019s obligations & compliance with employment law<\/strong><\/p>\n

\u00a7 5 Rights of use, IP & trademark licensing <\/strong><\/p>\n

\u00a7 6 Remuneration, default in payment, suspension & prohibition of set-off <\/strong><\/p>\n

\u00a7 7 Warranty, SLAs & notice of defects <\/strong><\/p>\n

\u00a7 8 Limitation of liability <\/strong><\/p>\n

\u00a7 9 Contract term & termination <\/strong><\/p>\n

\u00a7 10 Data protection & confidentiality <\/strong><\/p>\n

\u00a7 11 Final provisions, applicable law & place of jurisdiction\u00a0<\/strong><\/p>\n

Preamble<\/h3>\n

WIN-WIN FOR WORK GmbH (hereinafter \u201cWIN-WIN FOR WORK\u201d or \u201cprovider\u201d) is a technology-supported consulting and software-as-a-service company operating at the interface between classic organisational development, process-oriented data management and the provision of highly developed software solutions supported by artificial intelligence.<\/p>\n

At the centre of the contractual range of services is the digitalisation of the proven Vital@Work method and its provision via the SaaS platform \u201cPOWER DUCK Augmented Vital@Work Navigator\u201d (hereinafter \u201cplatform\u201d or \u201cNavigator\u201d). The Navigator serves as a purely assistive orientation and navigation tool that represents the Vital@Work method digitally in order to support companies methodically in the procedural structuring and accompaniment of change initiatives and transformation processes.<\/p>\n

These General Terms and Conditions (hereinafter \u201cGTC\u201d) govern the rights and obligations in connection with the use of the platform and the provision of consulting, training and certification services by WIN-WIN FOR WORK.<\/p>\n

\u00a7 1 Scope, B2B focus & defensive clause<\/p>\n

Exclusive B2B focus: <\/strong>These GTC govern the entire contractual relationship between WIN-WIN FOR WORK and its contractual partners (hereinafter \u201ccustomer\u201d). They are aimed exclusively at entrepreneurs (legal entities, partnerships and sole proprietorships with capacity to act) acting within the scope of their commercial or self-employed professional activity (B2B). Since these GTC apply exclusively to pure B2B transactions, all consumer protection provisions are entirely and validly excluded.<\/p>\n

Defensive clause: <\/strong>Deliveries, services and offers of WIN-WIN FOR WORK are provided exclusively on the basis of these GTC. Deviating, conflicting or supplementary general terms and conditions of business or of purchase of the customer are hereby expressly and entirely rejected. They shall not become part of the contract even if WIN-WIN FOR WORK does not expressly object to them in an individual case or performs its contractual services without reservation in the knowledge of conflicting terms of purchase.<\/p>\n

Conclusion of contract: <\/strong>A contract is concluded by the written signature of an individual contract or a quotation, a digital signature, electronic confirmation within the scope of a registration process or by conduct implying acceptance.<\/p>\n

Components: <\/strong>In addition to these GTC, any individual contracts, the Service Level Agreement (SLA), the data processing agreement including the technical and organisational measures, and the Terms of Use form integral parts of the contract.<\/p>\n

\u00a7 2 Subject matter of the contract, scope of services & reservation of further development<\/h3>\n

SaaS platform & services: <\/strong>The subject matter of the contract is the provision of the platform for use via the internet and the performance of training, certification and consulting services.<\/p>\n

Legal nature of the SaaS model: <\/strong>Under Swiss law, making the platform available via the internet constitutes a mixed-type innominate contract. It combines elements of the temporary transfer of use with obligations under a contract for work and services and elements of the law on simple mandates. The parties agree to exclude in full the statutory warranty consequences under tenancy law and to replace them with the specific rectification and SLA provisions of these GTC.<\/p>\n

Legal nature of advisory services & Data Success Management: <\/strong>Services in the field of advisory services, consulting, coaching and Data Success Management are subject to the law on simple mandates pursuant to Art. 394 et seq. CO. WIN-WIN FOR WORK owes diligent and professional activity in accordance with the state of the art and the communication of the Vital@Work method, but not any particular economic success. The customer has no enforceable claim to the achievement of specific transformation goals or quantifiable increases in turnover.<\/p>\n

Certification services: <\/strong>Training and the award of certificates (e.g. Vital@Work Expert or Vital@Work Mentor) constitute an education contract that is primarily subject to the law on simple mandates. Mere participation in training courses or use of the platform does not give rise to any enforceable legal claim to the award of a certificate. The award is at the free and dutiful discretion of WIN-WIN FOR WORK and requires that the quality assessments have been passed.<\/p>\n

Reservation of further development: <\/strong>WIN-WIN FOR WORK operates the platform as a multi-client-capable multi-tenant cloud architecture. It is entitled to adapt the platform at any time within the scope of the product life cycle, to add new functions, and to modify or remove modules, provided that the contractually agreed core purpose is not materially impaired. The customer has no claim to the freezing of a particular historical code version.<\/p>\n

Demo versions and test access: <\/strong>Demo versions or test access made available to the customer within the scope of trial phases, piloting or free trials are limited to a maximum term of 14 days from activation, unless expressly agreed otherwise by contract. Upon expiry of this 14-day test and pilot phase, access is blocked automatically and without prior notice, without any need for termination. The customer has no claim to a permanent transfer to a paid subscription or to a continuation of the free phase.<\/p>\n

\u00a7 3 Use of AI, system limits & EU AI Act<\/h3>\n

Purely an assistance and navigation tool: <\/strong>The platform is based on state-of-the-art artificial intelligence models and is designed as a purely process-oriented assistance and navigation tool. The system serves exclusively to provide methodological support, to structure transformation processes and to provide non-binding recommendations for action. The system does not take any independent operational decisions, does not make any automated individual decisions with legal effect for employees and does not allocate tasks algorithmically. The final decision and ultimate responsibility always remain with the human actor on the customer\u2019s side (\u201chuman-in-the-loop\u201d).<\/p>\n

No behavioural monitoring: <\/strong>The system is technically neither intended nor capable of monitoring, assessing or predicting the behaviour, performance or psyche of individual employees in the workplace. To ensure these guardrails, the system processes exclusively free-text inputs. The collection and evaluation of biometric data and the recording of behavioural metadata are completely excluded on the system side.<\/p>\n

Integrated prompt and content filters (input & output via system prompts and instructions): Before text inputs are passed on by the system to the generative language models (input level) and before the generated responses are delivered (output level), the platform applies dynamic prompt and content filters integrated into the software, which are implemented as strict, system-side instructions and system prompts (system instructions) directly at application level. These system-side system prompts and instructions expressly do not serve the physical, distorting masking (redaction) of entered text data, which means that the semantic processing quality, the substantive context and the precise functioning of the Navigator are fully preserved for the user. Instead, these instruction filters at application level ensure that users cannot obtain, query or generate any performance evaluations, behavioural assessments or personal KPI analyses of employees through the use of the Navigator. They function as native guardrails embedded directly in the processing logic to enforce the prohibition on processing performance data (purpose limitation). This avoids the emergence of external security and latency risks (e.g. due to unreliable third-party proxies), while the full processing quality required to ensure the functioning of the Navigator remains unimpaired.<\/p>\n

Right of choice regarding API and model infrastructure (digital sovereignty): <\/strong>When creating the customer-specific configuration (individualisation) and operating the various digital assistants on the platform, the client (customer) always has the free and unrestricted choice of the application programming interfaces (APIs) and infrastructures via which data processing for the respective assistant is to take place. The options available are:<\/p>\n

    \n
  • Global infrastructures<\/strong> (involving global contractual partners where the technical processing takes place in the USA or the EU) or<\/li>\n
  • Local Swiss infrastructures<\/strong> with a closed, self-contained model (hosted on Swiss servers at Infomaniak in Geneva), where all data processing (inference) and temporary execution take place exclusively and without exception physically in Switzerland and no data flow out to third-party providers.<\/li>\n<\/ul>\n

    This flexible architecture fully guarantees the digital sovereignty and autonomy of the customer. For the individual assistants, the client can decide independently which model is to be actively used, can change or have adjusted the model configurations for its assistants at any time during operation on its own initiative, and can respond flexibly to changed internal compliance requirements. The platform provider does not prescribe any particular model for the assistants.<\/p>\n

    Preventive classification under the EU AI Act: <\/strong>The parties jointly declare that the platform is classified as an AI system with minimal risk and does not fall under any of the high-risk categories pursuant to Annex III of Regulation (EU) 2024\/1689 (EU AI Act), since it does not carry out profiling within the meaning of data protection law and does not take any performance-based or behaviour-based individual decisions in the workplace. As a safeguard vis-\u00e0-vis the authorities, WIN-WIN FOR WORK provides the customer with a documented risk assessment pursuant to Art. 6 para. 3 EU AI Act. To fulfil the transparency obligations under Art. 50 EU AI Act, all AI-generated outputs are labelled on the system side as machine-generated.<\/p>\n

    Restriction of IoT connections: <\/strong>The evaluation of physical machine data or IoT (Internet of Things) devices is explicitly excluded. The system serves exclusively for procedural structuring on the basis of human text inputs, in order to avert unjustified data-sharing obligations under the EU Data Act.<\/p>\n

    \u00a7 4 Customer\u2019s obligations & compliance with employment law<\/h3>\n

    Sole responsibility for compliance: <\/strong>The customer bears sole legal and operational responsibility for ensuring that the use of the platform and of the services complies with applicable data protection and employment law. This applies in particular to the protection of the personality of employees and to compliance with the prohibition of behavioural monitoring systems pursuant to Art. 26 para. 1 of Ordinance 3 to the Swiss Employment Act.<\/p>\n

    Legal basis for obtaining data & strict duty to cooperate: <\/strong>The customer ensures and guarantees that it has a legally valid basis for feeding personal data into the platform. The customer is strictly obliged by contract to train its users and managers in such a way that they preventively refrain from entering any highly sensitive personal data or unmasked behavioural profiles into the free-text fields of the platform. A breach by the customer of this essential duty to cooperate interrupts the adequate chain of causation in the event of any data outflow or incorrect data processing and completely exculpates WIN-WIN FOR WORK from any liability for direct or indirect damage resulting therefrom.<\/p>\n

    Co-determination rights: <\/strong>It is solely incumbent upon the customer to involve any employee representative bodies, trade unions or works councils in advance, to carry out the balancing of interests required by law and to inform the workforce comprehensively and transparently about the data processing.<\/p>\n

    Strict system decoupling for quantitative surveys: <\/strong><\/p>\n

    \u25aa\u00a0 Where quantitative employee surveys are conducted within the scope of the transformation projects, this is done via a technically completely decoupled platform of a specialised third-party provider.<\/p>\n

    \u25aa\u00a0 There is no API connection whatsoever between these surveys and the AI systems or language models of the platform.<\/p>\n

    \u25aa\u00a0 To safeguard the prohibition of monitoring mathematically, evaluation of results is limited to organisational units with a minimum size of 5 persons. Evaluation of smaller groups is technically blocked in order to categorically exclude the re-identification of employees.<\/p>\n

    Indemnification obligation: <\/strong>The customer undertakes to indemnify WIN-WIN FOR WORK fully and upon first demand against all third-party claims, to hold it harmless and to bear all associated costs resulting from a breach by the customer of obligations under employment law, data protection law or the contract.<\/p>\n

    \u00a7 5 Rights of use, IP & trademark licensing<\/h3>\n

    Protection of intellectual property: <\/strong>All rights to the platform, the AI models, algorithms, the proprietary prompt structures, the knowledge modules provided (\u201cKnowledge Nuggets\u201d), the training infrastructure and the \u201cVital@Work\u201d method remain exclusively and entirely with WIN-WIN FOR WORK.<\/p>\n

    SaaS licence & prohibition of transfer: <\/strong>For the agreed term of the contract, the customer is granted a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform via the internet for its own internal business purposes. The transfer of use and of the login data to third parties is strictly prohibited. Each login is personal and may be used exclusively by the respective authorised and registered person; disclosure to colleagues or external third parties is not permitted. In the event of misuse or unauthorised disclosure of login data, WIN-WIN FOR WORK is entitled to block the access concerned immediately and permanently. Any reverse engineering, decompiling, copying or systematic extraction of the business logic is strictly prohibited and results in the immediate withdrawal of the licence.<\/p>\n

    Rights of use in AI outputs: <\/strong>The rights to the raw data entered into the system by the customer remain entirely with the customer. In the specific procedural evaluations, reports and transformation analyses generated by the AI models of the platform, the customer receives a worldwide, non-exclusive right of use limited in time to 10 years for its own internal business purposes, without any ownership rights in the generating engine being transferred.<\/p>\n

    Resellers acting as resellers at their own risk accept the conditions & exclusion of goodwill compensation:<\/p>\n

    Strict commercial use ban: <\/strong>In order to effectively exclude compensation claims, a strict commercial use ban, unlimited in time and territory, applies to resellers with regard to any end customer data after termination of the reseller agreement.<\/p>\n

    Blocking & deletion: <\/strong>WIN-WIN FOR WORK undertakes neither to contact the reseller\u2019s end customers directly for sales purposes after termination of the partnership nor to take them over into a direct billing relationship, but to irrevocably block or delete the isolated tenant instances at the reseller\u2019s request after termination of the contract. Since no customer base thus remains with the SaaS manufacturer, any basis for goodwill compensation is excluded.<\/p>\n

    Pass-through obligation: <\/strong>The reseller undertakes to pass on all usage, liability, data protection and compliance requirements of these GTC to its end customers completely and in a legally binding manner, and is liable to WIN-WIN FOR WORK for any breaches by its end customers.<\/p>\n

    Trademark licensing & quality assurance: <\/strong><\/p>\n

    \u25aa\u00a0 The use of protected trademarks and logos of WIN-WIN FOR WORK by partners or resellers requires a written agreement.<\/p>\n

    \u25aa\u00a0 The licensee undertakes to offer and perform the relevant services exclusively in accordance with the documented quality standards of WIN-WIN FOR WORK. WIN-WIN FOR WORK is granted the right to verify compliance with these standards by means of audits. In the event of quality-related breaches or conduct damaging to reputation, the trademark licence may be withdrawn with immediate effect and the partner agreement terminated without notice.<\/p>\n

    Contractual penalty: <\/strong>In the event of an infringement of intellectual property rights, the unauthorised disclosure of teaching materials or breaches of the agreed prohibition on the use of end customer data, the infringing contractual partner owes WIN-WIN FOR WORK a contractual penalty in the amount of CHF 50’000.– per infringement. The assertion of further damage is expressly reserved. Payment of the contractual penalty does not release the customer from the obligation to comply with the provision breached.<\/p>\n

    \u00a7 6 Remuneration, default in payment, suspension & prohibition of set-off<\/h3>\n

    Pre-billing: <\/strong>The remuneration for SaaS licences, subscriptions and recurring platform usage is invoiced in advance for the agreed period in each case. Services in the field of consulting, training and transformation support are invoiced in accordance with the rates of the individual contract or the current price list.<\/p>\n

    Due date & automatic default: <\/strong>Invoices are payable strictly net within 14 days (unless otherwise agreed in the individual contract). Upon expiry of the payment period, the customer automatically falls into default without further reminder.<\/p>\n

    Default interest and expenses: <\/strong>During the default, the customer owes default interest of 5 % p.a.. WIN-WIN FOR WORK reserves the right to charge reminder fees for administrative expenses and to assign the outstanding claim to a debt collection agency.<\/p>\n

    Right to withhold performance: <\/strong>If the customer is still in default after expiry of a short grace period of 10 days, WIN-WIN FOR WORK is entitled to temporarily block the customer\u2019s access to the entire platform. WIN-WIN FOR WORK\u2019s claim to remuneration continues in full for the duration of this suspension, as the infrastructure continues to be kept available.<\/p>\n

    Strict prohibition of set-off: <\/strong>The customer is prohibited from setting off its payment obligations against any counterclaims against WIN-WIN FOR WORK, unless the counterclaims have been expressly acknowledged in writing by WIN-WIN FOR WORK or established by a final and binding court judgment.<\/p>\n

    \u00a7 7 Warranty, SLAs & notice of defects<\/h3>\n

    No 100% availability guarantee: <\/strong>Uninterrupted, 100% availability of the cloud services cannot be guaranteed for technical reasons. Availability is governed exclusively by the separate Service Level Agreement, which sets out a realistic system availability at the defined transfer point.<\/p>\n

    Exclusion of claims under tenancy law: <\/strong>Statutory claims for rent reduction under tenancy law and the right to terminate without notice due to insignificant server outages are entirely excluded.<\/p>\n

    Restrictive definition of defects: <\/strong>A legally relevant defect exists only where the platform shows a reproducible deviation from the contractually agreed service description which restricts use in accordance with the contract to more than an insignificant extent. Insignificant deviations, visual discrepancies or restrictions of convenience do not give rise to any rights in respect of defects.<\/p>\n

    Strict obligation to give notice of defects: <\/strong>The customer is obliged to notify WIN-WIN FOR WORK in writing of all defects identified without delay, but at the latest within 10 working days of their discovery (by e-mail, enclosing screenshots, error logs and a comprehensible description of the symptoms). If the customer fails to give timely notice, the performance shall be deemed approved as being in accordance with the contract with regard to this defect.<\/p>\n

    Exclusive right to rectification: <\/strong>In the event of a material defect of which notice has been given in good time, the customer is exclusively entitled to rectification, the provision of software patches or reasonable temporary alternative solutions\/workarounds by WIN-WIN FOR WORK. Only if this rectification fails definitively and repeatedly after a reasonable grace period has been set is the customer entitled to demand an appropriate reduction of the periodic remuneration. The customer has a right of extraordinary termination only in the event of serious defects which completely frustrate the contractual use of the platform and cannot be remedied.<\/p>\n

    Exclusion of defects due to external influence: <\/strong>Any warranty is excluded for malfunctions caused by the customer\u2019s local IT infrastructure, unsuitable operating equipment, incorrect data entries, operating errors by users or third-party systems that cannot be controlled by WIN-WIN FOR WORK.<\/p>\n

    \u00a7 8 Limitation of liability<\/h3>\n

    Exclusion for slight and moderate negligence: <\/strong>The liability of WIN-WIN FOR WORK for slight and moderate negligence is, to the extent permitted by law under Art. 100 CO, entirely excluded on any legal grounds.<\/p>\n

    Exclusion of indirect damage: <\/strong>Liability for indirect damage, consequential damage, consequential loss, loss of production, loss of profit, reputational damage and loss of data (unless caused by a grossly negligent breach of WIN-WIN FOR WORK\u2019s data backup obligations) is completely excluded to the extent permitted by law.<\/p>\n

    Total exclusion of liability for auxiliary persons & third-party API outages: <\/strong><\/p>\n

    The central protection mechanism: <\/strong>The liability of WIN-WIN FOR WORK for the conduct, errors or breaches of duty of its auxiliary persons, vicarious agents and external technology partners is excluded in advance, entirely and for every degree of fault, pursuant to Art. 101 para. 2 CO. This exclusion of liability is expressly maintained and explicitly also extends to all malfunctions, unannounced API updates or outages of the external cloud and AI providers.<\/p>\n

    \u25aa\u00a0 If a data leak, act of sabotage or system failure occurs at one of these technology partners, any direct or indirect liability of WIN-WIN FOR WORK towards the customer or reseller is completely excluded. In this regard, the parties expressly agree that short-term outages, latencies or malfunctions of the local security filters form part of the general, contractually accepted operating risk of cloud use and can legally give rise at most to slight negligence on the part of WIN-WIN FOR WORK. Liability for such outages is entirely and effectively excluded pursuant to \u00a7 8 para. 1.<\/p>\n

    Liability cap for slight negligence: <\/strong>In the event that a court should declare the complete exclusion of liability for slight negligence invalid in certain constellations, the amount of liability for all damage is limited to the amount of the remuneration actually paid by the respective customer in the 12 months prior to the occurrence of the damage.<\/p>\n

    AI-specific exclusion of liability: <\/strong><\/p>\n

    \u25aa\u00a0 The platform serves exclusively for the procedural structuring and preparation of transformation processes. Any warranty for the substantive accuracy, completeness or currency of the AI-generated recommendations and analyses is excluded.<\/p>\n

    \u25aa\u00a0 The technological risk of AI hallucinations lies exclusively with the customer.<\/p>\n

    \u25aa\u00a0 WIN-WIN FOR WORK is not liable for strategic, operational or HR-law decisions taken by the customer on the basis of platform outputs. The final review of the data prior to any implementation is exclusively incumbent upon the customer.<\/p>\n

    \u00a7 9 Contract term & termination<\/h3>\n

    Contract term & ordinary termination: <\/strong>Unless a fixed term has been agreed in the individual contract or the order confirmation, contracts for the use of the platform and recurring licences are concluded for an indefinite period. Unless otherwise agreed by contract, such contracts may be terminated ordinarily by either party subject to a notice period of one month to the end of the following month. Premature ordinary termination during an agreed fixed term is excluded.<\/p>\n

    Termination of memberships: <\/strong>Memberships are renewed automatically unless, subject to any other contractual agreement, they are terminated ordinarily subject to a written notice period of one month to the end of the following month.<\/p>\n

    Extraordinary termination: <\/strong>Both parties reserve the right to terminate the contract without notice for good cause. Good cause exists for WIN-WIN FOR WORK in particular if:<\/p>\n

    \u25aa\u00a0 the customer is in default of payment for more than 30 days,<\/p>\n

    \u25aa\u00a0 the customer or its end users seriously breach the Terms of Use or the intellectual property rights of WIN-WIN FOR WORK,<\/p>\n

    \u25aa\u00a0 the customer misuses the platform for impermissible monitoring of behaviour or performance.<\/p>\n

    Deletion of data after the end of the contract: <\/strong><\/p>\n

    \u25aa\u00a0 WIN-WIN FOR WORK is entitled and obliged to delete irrevocably and in compliance with data protection law all customer-related project documents and accounts remaining on its servers after expiry of a grace period of 30 days following the end of the contract, unless mandatory statutory retention obligations preclude this.<\/p>\n

    \u25aa\u00a0 It is incumbent upon the customer to back up its data independently before expiry of this period using the export functions provided.<\/p>\n

    \u00a7 10 Data protection & confidentiality<\/h3>\n

    Allocation of roles: <\/strong>With regard to the content data that the customer processes on the platform, the customer acts as controller under data protection law and WIN-WIN FOR WORK as processor bound by instructions pursuant to Art. 9 revFADP and Art. 28 GDPR.<\/p>\n

    Precedence of the DPA: <\/strong>The data processing agreement (DPA) concluded in parallel, including the technical and organisational measures (TOM), is authoritative for all questions relating to data protection and data security. In the event of any contradictions between these GTC and the DPA, the provisions of the DPA take absolute precedence.<\/p>\n

    Translation of the technological guardrails: <\/strong>The AI guardrails implemented on the system side are operated by WIN-WIN FOR WORK GmbH merely in accordance with the current state of the art, purely as a duty of care. Owing to the inherent complexity of generative language models, 100% systemic freedom from errors cannot be guaranteed. A technically caused failure of these filters or a software bug therefore does not constitute a breach of a guarantee of success and excludes the allegation of gross negligence. Subject to this duty of care, WIN-WIN FOR WORK contractually assures the customer that the platform implements the following data protection safeguards on the system side:<\/p>\n

    \u25aa\u00a0 Security monitoring and temporary data storage (summary statement on the security monitoring of the US-based contractual partners): In order to ensure the security, stability and integrity of the services provided, the technical infrastructure of the US-based contractual partners provides by default for automated, temporary security and abuse monitoring (abuse or safety monitoring). This runs in the background and serves exclusively to detect and prevent unauthorised system access, abuse or serious policy violations. It is expressly agreed and contractually guaranteed that the transmitted content data (prompts and completions) will under no circumstances be used for training AI models or for product improvement by the providers. Since not all of the US-based contractual partners have an approved special agreement on zero data retention (Zero Data Retention – ZDR) or modified security monitoring (Modified Abuse Monitoring) in place, the transmitted content data are temporarily cached on the protected infrastructures of the respective contractual partners for the purpose of abuse detection and ensuring system security. This security review is carried out in accordance with the relevant requirements of the respective operator. After this review window has expired, these data are automatically and permanently deleted in the back end, unless there is a specific, well-founded suspicion of system abuse or a security incident. In the event of a well-founded suspicion of abuse or of security incidents, this period may be extended for the duration of the investigation and the preservation of evidence.<\/p>\n

    Exclusion of model training: <\/strong>The customer\u2019s content data will under no circumstances be used for training, fine-tuning or improving the generative language models of the technology partners.<\/p>\n

    Input masking: <\/strong>The contractor uses industry-standard filters to mask personal data as far as possible before they are sent via the API; however, error-free masking in every individual case cannot be mathematically guaranteed. For the avoidance of misunderstandings, it is clarified that the system has no physical masking filters (such as physical blacking out, redaction or alteration of text inputs) or rigid PII (Personally Identifiable Information) filters, as such physical masking would impair the semantic processing quality, the substantive context and the precise functioning of the Navigator. Data processing therefore takes place in the full semantic context while preserving processing quality, whereas compliance with purpose limitation and the protection of personality is ensured by the application-integrated prompt and instruction filters (pursuant to \u00a7 3).<\/p>\n

    Note on telemetry data: <\/strong>For the processing of purely technical telemetry data, crash reports and system usage statistics to ensure operational security, stability and platform improvement, WIN-WIN FOR WORK acts as an independent controller.<\/p>\n

    Confidentiality: <\/strong>Both parties mutually undertake to treat as strictly confidential all business, technical or organisational information obtained in the course of performing the contract that is marked as confidential or qualifies as confidential from the circumstances, and to use it exclusively for the contractually agreed purpose. This obligation survives the termination of the contract.<\/p>\n

    \u00a7 11 Final provisions, applicable law & place of jurisdiction<\/h3>\n

    Written form requirement: <\/strong>Amendments, supplements or the cancellation of the contract and of these GTC require the written form in order to be valid. This also applies to any waiver of this written form requirement.<\/p>\n

    Assistance of third parties: <\/strong>WIN-WIN FOR WORK is entitled to make use of the assistance of qualified third parties, subcontractors or substitutes at any time and without restriction in order to fulfil its contractual obligations.<\/p>\n

    Severability clause: <\/strong>Should any provision of these GTC be or become invalid, void or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.<\/p>\n

    Applicable law: <\/strong>The entire legal relationship between the parties is governed exclusively by substantive Swiss law. The provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods are explicitly excluded.<\/p>\n

    Place of jurisdiction: <\/strong>The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the registered office of WIN-WIN FOR WORK (K\u00fcssnacht SZ \/ Immensee, Switzerland). However, WIN-WIN FOR WORK is entitled to sue the customer at its general place of jurisdiction or before any other competent court.<\/p>\n<\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-457","page","type-page","status-publish","hentry"],"yoast_head":"\nGeneral terms and conditions | POWER DUCK<\/title>\n<meta name=\"robots\" content=\"noindex, nofollow\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General terms and conditions\" \/>\n<meta property=\"og:url\" content=\"https:\/\/powerduck.ai\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:site_name\" content=\"POWER DUCK\" \/>\n<meta property=\"article:modified_time\" content=\"2026-10-15T15:01:52+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/powerduck.ai\/wp-content\/uploads\/sites\/3\/2025\/01\/AdobeStock_501523535-1-scaled-e1719827757909.jpeg\" \/>\n\t<meta property=\"og:image:width\" content=\"780\" \/>\n\t<meta property=\"og:image:height\" content=\"434\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"30 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/powerduck.ai\\\/en\\\/terms-and-conditions\\\/\",\"url\":\"https:\\\/\\\/powerduck.ai\\\/en\\\/terms-and-conditions\\\/\",\"name\":\"General terms and conditions | POWER DUCK\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#website\"},\"datePublished\":\"2025-01-20T07:04:26+00:00\",\"dateModified\":\"2026-10-15T15:01:52+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/powerduck.ai\\\/en\\\/terms-and-conditions\\\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/powerduck.ai\\\/en\\\/terms-and-conditions\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/powerduck.ai\\\/en\\\/terms-and-conditions\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Startseite\",\"item\":\"https:\\\/\\\/powerduck.ai\\\/en\\\/home\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"General terms and conditions\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#website\",\"url\":\"https:\\\/\\\/powerduck.ai\\\/\",\"name\":\"POWER DUCK\",\"description\":\"Transformation Intelligence\",\"publisher\":{\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/powerduck.ai\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#organization\",\"name\":\"POWER DUCK\",\"url\":\"https:\\\/\\\/powerduck.ai\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/powerduck.ai\\\/wp-content\\\/uploads\\\/sites\\\/3\\\/2025\\\/02\\\/Never-3.png\",\"contentUrl\":\"https:\\\/\\\/powerduck.ai\\\/wp-content\\\/uploads\\\/sites\\\/3\\\/2025\\\/02\\\/Never-3.png\",\"width\":1920,\"height\":1920,\"caption\":\"POWER DUCK\"},\"image\":{\"@id\":\"https:\\\/\\\/powerduck.ai\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.linkedin.com\\\/company\\\/winwinforwork-gmbh\\\/?viewAsMember=true\"]}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"General terms and conditions | POWER DUCK","robots":{"index":"noindex","follow":"nofollow"},"og_locale":"en_US","og_type":"article","og_title":"General terms and conditions","og_url":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/","og_site_name":"POWER DUCK","article_modified_time":"2026-10-15T15:01:52+00:00","og_image":[{"width":780,"height":434,"url":"https:\/\/powerduck.ai\/wp-content\/uploads\/sites\/3\/2025\/01\/AdobeStock_501523535-1-scaled-e1719827757909.jpeg","type":"image\/jpeg"}],"twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"30 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/","url":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/","name":"General terms and conditions | POWER DUCK","isPartOf":{"@id":"https:\/\/powerduck.ai\/#website"},"datePublished":"2025-01-20T07:04:26+00:00","dateModified":"2026-10-15T15:01:52+00:00","breadcrumb":{"@id":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/powerduck.ai\/en\/terms-and-conditions\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/powerduck.ai\/en\/terms-and-conditions\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Startseite","item":"https:\/\/powerduck.ai\/en\/home\/"},{"@type":"ListItem","position":2,"name":"General terms and conditions"}]},{"@type":"WebSite","@id":"https:\/\/powerduck.ai\/#website","url":"https:\/\/powerduck.ai\/","name":"POWER DUCK","description":"Transformation Intelligence","publisher":{"@id":"https:\/\/powerduck.ai\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/powerduck.ai\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/powerduck.ai\/#organization","name":"POWER DUCK","url":"https:\/\/powerduck.ai\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/powerduck.ai\/#\/schema\/logo\/image\/","url":"https:\/\/powerduck.ai\/wp-content\/uploads\/sites\/3\/2025\/02\/Never-3.png","contentUrl":"https:\/\/powerduck.ai\/wp-content\/uploads\/sites\/3\/2025\/02\/Never-3.png","width":1920,"height":1920,"caption":"POWER DUCK"},"image":{"@id":"https:\/\/powerduck.ai\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.linkedin.com\/company\/winwinforwork-gmbh\/?viewAsMember=true"]}]}},"_links":{"self":[{"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/pages\/457","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/comments?post=457"}],"version-history":[{"count":10,"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/pages\/457\/revisions"}],"predecessor-version":[{"id":1964,"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/pages\/457\/revisions\/1964"}],"wp:attachment":[{"href":"https:\/\/powerduck.ai\/en\/wp-json\/wp\/v2\/media?parent=457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}