Terms and Conditions – gentesty SaaS

These Terms and Conditions govern the use of the software platform gentesty (“Platform”) as Software-as-a-Service (SaaS) by the customer.

Deviating or supplementary terms of the customer apply only if the provider expressly agrees to them in writing.

Order of precedence: Individual agreements (e.g. enterprise offer, order form, statement of work) take precedence over these Terms and Conditions. These Terms apply in addition.

• Customer: Contractual partner of the provider.
• User: Persons authorized by the customer to access the Platform.
• Usage Data: Consumption data recorded on the Platform (e.g. runs, bot runtime, voice minutes, additional services).
• Prepaid Credit: Credit or volume purchased in advance for using the Platform.

The provider offers gentesty as a web-based testing platform for chatbots and voicebots. The Platform enables automated evaluation of bot conversations based on predefined test cases, metrics, and analyses.

• Execution of test cases
• Analysis and evaluation of conversations
• Support for common platforms and integrations (e.g. Dialogflow, Kore.ai, Lex)
• Dashboards and reports

The provider may further develop, modify, or replace functions as long as the contractual purpose is not materially impaired.

Use of the Platform requires registration. By completing the registration process, the customer submits a binding offer to enter into a usage agreement. The contract is concluded when the provider confirms the offer or activates access.

The customer must keep registration data accurate and treat access credentials confidentially. The customer is responsible for the actions of its users to the extent legally attributable to the customer.

One account per customer/domain: In principle, only one account is permitted per customer. A customer is the organization identified by the email domain used. Multiple registrations with the same email domain (including subdomains) are not permitted.

In the event of a justified suspicion of circumvention, the provider may merge multiple accounts, restrict the use of included quotas, and suspend or delete accounts. Exceptions (e.g. multiple domains within a group of companies, subsidiaries, or agencies) may be approved upon request.

• The customer shall process only authorized and lawful content on the Platform.
• The customer shall keep access credentials confidential and protect them from access by third parties.
• The customer shall not circumvent or impair Platform security mechanisms.
• The customer shall implement suitable organizational measures (e.g. access rights, access control).

The provider may temporarily suspend access if there are concrete indications of misuse, security risks, or material breaches of contract.

Use of the Platform is based on the selected plan. Fixed base fees and usage-based fees may apply (e.g. per run, based on bot runtime, voice minutes, or additional services). The decisive basis is the usage data recorded in the Platform.

The current scope of services and current prices are set out on the pricing page or in an individually agreed offer (e.g. enterprise).

Unless stated otherwise, prices are final prices including applicable VAT.

Enterprise (monthly invoice): Enterprise and Business customers receive periodic invoices, generally monthly, covering base fees and usage-based fees according to the offer or order form.

Pay-as-you-go (prepaid): In the prepaid plan, the customer purchases credit or volume in advance (“Prepaid Credit”). Usage is charged against this Prepaid Credit. The provider may restrict or pause usage when the Prepaid Credit is exhausted.

Free plan (anti-abuse): Included quotas in the free plan (e.g. free test minutes) apply per customer and not per user. Splitting usage across multiple accounts in order to multiply included quotas is not permitted, in particular through multiple registrations within the same organization or with the same email domain (including subdomains).

Price changes: The provider may adjust prices with future effect. Price changes will be communicated to the customer in text form (e.g. by email or within the Platform) in due time before they take effect and shall apply no earlier than the start of the next billing period. The customer may terminate the contract before the new price takes effect in accordance with section 12.

Credit: Prepaid Credit is non-refundable and cannot be exchanged for cash. It must be used before termination; offsetting against outstanding claims remains reserved.

Unless agreed otherwise, invoices are payable within 30 days from the invoice date without deduction.

Objections to an invoice must be submitted in text form within 14 days of receipt. Undisputed amounts remain due on time.

If the customer is in default of payment, the provider may suspend access after notice and claim default interest as well as reasonable reminder and processing fees.

The provider strives for high Platform availability. Maintenance work and necessary interruptions will be announced where possible. There is no entitlement to uninterrupted availability.

The scope of support (channels, hours, response times) depends on the selected plan or the enterprise offer.

All rights to the Platform (software, trademarks, content, documentation) remain with the provider or its licensors. For the duration of the contract, the customer receives a non-exclusive, non-transferable right to use the Platform in accordance with the contract.

The customer remains the owner of its customer data. The provider processes customer data solely for contract performance and within the framework of the privacy policy.

The contract is concluded for an indefinite term and may be terminated by either party with 14 days’ notice to the end of a month. Termination may be made in text form (e.g. by email), unless otherwise agreed in an enterprise offer.

After the contract ends, access to the Platform ends. The customer is responsible for exporting data in time, where the Platform provides such functionality.

The provider’s liability is excluded to the extent permitted by law. In particular, the provider is not liable for indirect damages, loss of profit, or loss of data. This does not affect liability for intent, gross negligence, or injury to life, body, or health.

Mandatory statutory liability provisions remain reserved.

The processing of personal data is carried out in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details (including purposes, categories, recipients, retention periods, and rights) are described in the Privacy Policy.

Subprocessors may be used to provide the Platform. Where required, this is done on the basis of data processing agreements and with appropriate technical and organizational measures.

The current list of subprocessors is published here: Subprocessors (list).

The provider reserves the right to amend these Terms and Conditions with future effect. Changes will be communicated to the customer in due time. If the customer does not object within 14 days after notification, the changes are deemed accepted.

Changes to the pricing page under section 7 and updates to the subprocessor list under section 14 do not, in themselves, constitute an amendment of these Terms and Conditions.

The substantive laws of Switzerland apply. The exclusive place of jurisdiction is Basel-Stadt, Switzerland.

Contact
b-nova Schweiz GmbH
Signalstr. 13
4058 Basel
Contact

In the event of discrepancies, the German version of these Terms and Conditions shall prevail.