These General Terms & Conditions govern the use of the website as well as all offerings, services, systems, digital infrastructures, and business relationships of Swiss Marketer. They create a clear, fair, and professional basis for collaboration in marketing, lead generation, funnel systems, CRM solutions, automation, and digital sales structures.
Swiss Marketer develops and operates digital systems for customer acquisition, positioning, process optimization, and sales support. These include in particular campaigns, landing pages, funnels, CRM structures, automations, tracking setups, technical integrations, as well as strategic marketing and growth solutions.
Marketing and digital customer acquisition are complex, dynamic services dependent on numerous external factors. Results depend, among other things, on market environment, competition, offering, pricing, target audience approach, client cooperation, response speed, advisory quality, sales capability, advertising budget, platform policies, technical interfaces, and algorithmic changes. Swiss Marketer is always committed to delivering all services with high diligence, strategic clarity, and professional execution, and to continuously improving systems. However, a specific economic outcome cannot, by its nature, be guaranteed.
By using the website, commissioning a service, accepting an offer, or using provided systems, these Terms & Conditions are deemed accepted.
These General Terms & Conditions apply to all business relationships, offers, contracts, services, digital products, license models, systems, and other services of Swiss Marketer by Nil Fäh, Reismühlestrasse 13, 8409 Winterthur, Switzerland (UID: CHE-288.880.985), hereinafter "Swiss Marketer".
Deviating or supplementary agreements only apply if they have been expressly confirmed in writing. Individual agreements in offers, order confirmations, or individual contracts shall prevail over these Terms & Conditions to the extent of a conflict.
Swiss Marketer provides services in particular in the areas of digital customer acquisition, performance marketing, campaign strategy, lead generation, funnel development, landing pages, CRM systems, automation, tracking, conversion optimization, sales support, and digital growth infrastructure.
The specific scope of services results from the respective individual agreement, the offer, a service description, a project approval, or a comparable written basis.
Swiss Marketer is entitled to use employees, partners, subcontractors, freelancers, technical service providers, or software solutions for the provision of services, provided this serves proper implementation.
All services are provided with industry-standard diligence, to the best of our knowledge, and on the basis of the information, technologies, and platform conditions available at the time of service provision.
Swiss Marketer is in principle free to choose the strategies, technologies, tools, processes, advertising channels, target audience structures, campaign architectures, and technical implementations used, unless a deviating agreement has been made.
Swiss Marketer is entitled to adapt services, processes, and setups in the course of technical or strategic further development, insofar as this is objectively justified and serves goal achievement or system stability.
Swiss Marketer owes the professional conception, implementation, support, optimization, and further development of agreed marketing and sales activities, but not a specific economic outcome.
In particular, no guarantee is assumed for:
Swiss Marketer is always committed to creating the best possible conditions for successful campaigns, functioning systems, and high-performance digital structures. However, the actual success depends on a multitude of factors, some or all of which lie outside the sphere of influence of Swiss Marketer.
Clients are obliged to provide all information, content, access, approvals, feedback, technical authorizations, and other cooperation required for service provision in a timely manner.
These include in particular:
Delays, service restrictions, or reduced results attributable to missing, late, or incomplete cooperation are not the responsibility of Swiss Marketer.
Advertising budgets are, unless expressly agreed otherwise, not part of Swiss Marketer's compensation. They are used separately and may be processed directly via platforms or through structures managed by Swiss Marketer.
Campaigns and technical solutions may in particular be operated via third-party platforms such as Meta, Google, LinkedIn, CRM services, tracking providers, hosting services, automation tools, or other external software providers.
Swiss Marketer has no influence on policies, account suspensions, algorithmic changes, price adjustments, data losses, technical disruptions, reach changes, or other decisions of such third-party platforms.
Swiss Marketer accepts no liability for outages, restrictions, or disadvantages attributable to third-party platforms or external providers.
Compensation is determined by the respective offer, contract, or otherwise agreed pricing structure. All invoices are payable, unless otherwise agreed in writing, within the specified period without deduction.
In the event of payment default, Swiss Marketer is entitled to suspend services in whole or in part, pause campaigns, restrict technical access, temporarily block CRM access, or discontinue further support until all outstanding receivables have been fully settled.
Services already rendered, fees already incurred, and external costs already deployed remain owed. A right of retention by the client only exists insofar as mandatory law provides for it.
Insofar as Swiss Marketer provides funnel systems, landing page structures, CRM systems, automations, pipelines, sales logics, reporting setups, tracking structures, templates, technical workflows, integrations, or comparable digital systems, this is generally done as part of a license model and not by way of ownership transfer.
By providing such systems, the client only receives a simple, non-exclusive, non-transferable, and revocable right of use for the duration of the agreed collaboration and exclusively for the contractually intended purpose.
The right of use only covers the contractually approved use within the client's own business operations. Not included in particular are:
All rights to the structure, logic, architecture, functionality, methodology, and strategic design of these systems remain entirely with Swiss Marketer. This applies irrespective of whether the system has been individually adapted, tailored to client needs, or implemented in the client's accounts.
Insofar as external software licenses, CRM subscriptions, hosting fees, automation tools, or third-party services are required, these may be charged separately or be borne directly by the client. The provision of a complete system by Swiss Marketer does not result in rights to the underlying system architecture, funnel methodology, or integrated process logics being transferred to the client.
Upon termination of the collaboration, the right of use to all system components licensed by Swiss Marketer ends automatically, unless expressly agreed otherwise in writing. In this case, Swiss Marketer is entitled to deactivate, withdraw, or technically restrict the use of provided systems, workspaces, CRM structures, automations, dashboards, templates, or comparable digital components.
All strategies, systems, campaign structures, funnel architectures, landing pages, CRM logics, automations, texts, designs, templates, evaluations, data models, dashboards, trigger logics, scripts, reportings, audience models, and other concepts developed or provided by Swiss Marketer constitute intellectual property as well as protected business processes of Swiss Marketer.
These elements are based on substantial strategic, technical, time-related, and economic effort. Any unauthorized adoption, replication, use, storage, reproduction, modification, or transfer is prohibited.
Particularly prohibited are: copying funnel structures, adopting campaign logics, replicating CRM pipelines, reconstructing automations, transferring strategic setups to other projects or companies, as well as forwarding to third parties for technical or content-related reproduction.
It is prohibited to circumvent the collaboration with Swiss Marketer directly or indirectly by continuing, reconstructing, copying, or economically exploiting systems, structures, or processes provided or developed in the course of the collaboration outside of it, independently, internally, or through third parties.
Inadmissible circumvention includes in particular:
In the event of violations of this provision, Swiss Marketer reserves the right to assert claims for injunctive relief, information, damages, and other statutory or contractual claims. Where contractually agreed, a contractual penalty may additionally be demanded.
Insofar as content, access, dashboards, data views, CRM areas, funnel pages, or other systems are released for use, this is always done within the scope of the specifically agreed use. A claim to the release of unprocessed source files, raw structures, internal templates, strategic documentation, or technical background logics only exists if this has been expressly agreed in writing.
Swiss Marketer is entitled to grant, restrict, adjust, or withdraw access rights on a need-to-know basis or for security, license, or contractual reasons.
Swiss Marketer is only liable for damages caused by intentional or grossly negligent breach of duty. Liability for slight negligence is excluded to the extent legally permissible.
Excluded in particular is liability for:
To the extent legally permissible, any liability is limited to the compensation paid by the client for the specific service concerned.
All commercial, strategic, technical, operational, or other information not publicly known that becomes known in the course of the collaboration is to be treated confidentially.
This obligation applies beyond the duration of the collaboration and covers in particular offers, prices, strategies, setups, processes, internal evaluations, technical structures, and operational information.
The processing of personal data takes place in accordance with applicable data protection regulations, in particular the Swiss Federal Act on Data Protection (FADP) and, where applicable, other relevant data protection provisions.
Further information on the processing of personal data is governed by the separate Privacy Policy.
Swiss Marketer is entitled to use companies, brands, logos, or general project descriptions as references, provided that no overriding interests worthy of protection oppose this or use has been expressly objected to in writing.
The term of contractual services is determined by the respective individual agreement. If there is no express regulation, the collaboration is considered concluded for an indefinite period and may be terminated with reasonable notice.
The right to extraordinary termination for good cause remains reserved. Good cause exists in particular in cases of serious breach of contract, repeated payment default, abusive use of systems, breach of usage rights, or unlawful transfer of protected structures.
17.1 Scope. This clause applies in addition to all services relating to artificial intelligence ("AI Services"), in particular to the private AI infrastructure offered by Swiss Marketer under the product designation "SMT 6.0" (Swiss Marketer Transformer), to AI functions within the AI Business Suite (e.g. AI assistant, lead research, transcription, text and analysis functions), as well as to individually configured AI systems, agent workflows, RAG systems, and knowledge bases. In the event of conflicts, the provisions of this clause shall prevail over the other provisions of these Terms & Conditions in the AI context.
17.2 Product Designation and Technology Base. "SMT 6.0" is an AI system architecture designed, configured, and operated by Swiss Marketer. It is not based on a foundation model trained from scratch by Swiss Marketer itself, but on licensed or freely available third-party base models — currently in particular on models of the GLM family (namely GLM-5.2) — as well as on proprietary system components such as orchestration, agent logic, retrieval-augmented generation (RAG), memory layer, context compression, prompt architectures, and security and integration layers. Swiss Marketer is entitled to replace the base models, model versions, inference software, and infrastructure providers used at any time with functionally at least equivalent alternatives, provided that the contractually agreed purpose of the service is maintained. There is no entitlement to a specific base model, a specific model version, or a specific provider, unless expressly assured in writing.
17.3 Performance Specifications as Guidance Values. All performance specifications for AI systems mentioned in advertising materials, on the website, in offers, or in conversations — in particular context lengths (e.g. "up to 1 million context per session"), the number of parallel agents, response speeds, throughput, GPU types, availabilities, locations, and price information — are non-binding guidance values and not warranted characteristics. The values actually achievable depend on hardware configuration, model choice, quantization, location, provider capacity, data structure, workload, parallelism, response-time targets, network, and further technical factors, and are only determined on a project-specific basis within the scope of an individual technical assessment. Only performance parameters agreed in writing are binding.
17.4 Functioning and Limits of Generative AI. AI systems operate probabilistically. Outputs ("Output") may be incorrect, incomplete, outdated, biased, or entirely fabricated ("hallucinations"), even if they appear convincingly formulated. Identical inputs may lead to different outputs; reproducibility is not owed. The client acknowledges that these characteristics correspond to the current state of the art and do not constitute a defect.
17.5 Verification and Responsibility Obligations of the Client. The client is obligated to have AI Output reviewed by qualified persons before any use with external effect or of legal, financial, medical, or personnel-related significance. AI Output does not constitute legal, tax, financial, insurance, or medical advice. Automated decisions with legal effect or a significant adverse impact on persons may not be based on AI Output without appropriate human review. The client bears sole responsibility for decisions, publications, and measures that the client takes on the basis of AI Output.
17.6 Infrastructure, Availability, and Third-Party Providers. AI Services are provided in whole or in part on the infrastructure of specialized third-party providers (in particular GPU, cloud, hosting, and network providers). The available GPU types, regions (e.g. EU or Switzerland), capacities, and conditions of these providers may change at any time; EU/CH hosting is implemented where possible but depends on availability and project requirements and is only owed upon express written agreement. Maintenance windows, capacity bottlenecks, disruptions, or discontinuations of third-party services may impair availability; clause 6 (Third-Party Platforms) applies mutatis mutandis. A specific availability (SLA) is only owed if it has been expressly agreed in writing.
17.7 Data, Data Protection, and Training. The client is responsible for ensuring that the inputs, documents, and data holdings it provides ("Input") may be lawfully processed and do not infringe the rights of third parties. Particularly sensitive personal data as well as data subject to professional secrecy may only be introduced into AI systems following prior express written agreement (including any data processing agreement). Swiss Marketer does not use customer data to train its own or third-party base models; use is limited to provision, configuration, RAG/knowledge bases, quality assurance, and support, unless expressly agreed otherwise. In all other respects, the Privacy Policy of Swiss Marketer as well as clause 14 apply.
17.8 Advanced Protection. Advanced protection measures ("Advanced Protection", e.g. dedicated private-cloud deployment, enhanced access controls, role and permission concepts, data isolation, enhanced logging/monitoring, security reviews) are optional, project-dependent additional services for separate remuneration and are only owed upon express agreement. Protection measures are provided in accordance with the current state of the art; absolute protection against unauthorized access, data loss, or misuse cannot be guaranteed.
17.9 Impermissible Use. The following are prohibited in particular: the use of the AI systems for unlawful, deceptive, or personality-infringing purposes; the generation or dissemination of unlawful content; attacks on or overloading of the systems; the circumvention of security or access mechanisms; use contrary to the respective applicable terms of use of the base models and providers employed; as well as the transfer of access to unauthorized third parties. In the event of violations, Swiss Marketer is entitled to suspend services in whole or in part without prior notice; clause 16 remains reserved.
17.10 Rights to the Output. Subject to full payment, the client receives the contractually provided usage rights to the project-specific AI Output. Swiss Marketer gives no warranty that AI Output is eligible for copyright protection, does not infringe the rights of third parties (e.g. copyright, trademark, or personality rights), or is free from similarities to existing works. Any labelling obligations for AI-generated content within the client's area of use are the client's responsibility. No rights beyond clauses 8 and 9 exist in the system architectures, prompts, configurations, orchestrations, and workflows of Swiss Marketer.
17.11 Remuneration and Third-Party Costs. The remuneration for AI Services is governed by the individual agreement and is generally measured according to setup effort, computing power obtained (e.g. GPU hours), storage, network, location, and agreed additional modules. Published price information constitutes example values. Price changes of the infrastructure and model providers may be passed on reasonably with effect for the future; material increases will be notified in advance.
17.12 Liability in the AI Context. In addition to clause 12, the following applies: to the extent legally permissible, any liability of Swiss Marketer is excluded for damages arising from the use of AI Output without the review required under clause 17.5, from AI outputs that are incorrect, incomplete, or biased in content, from temporary unavailability without an agreed SLA, as well as from acts or omissions of infrastructure and model providers. Liability for unlawful intent and gross negligence as well as mandatory statutory liability remain unaffected.
17.13 Regulatory Development. The legal framework for AI (in particular in the EU and Switzerland) is continuously evolving. The parties will implement, by mutual agreement and in a timely manner, any adjustments necessary to comply with applicable law (e.g. transparency, labelling, or documentation obligations); clause 18 applies accordingly. Insofar as the client uses AI systems in regulated areas or vis-à-vis end customers, the review of and compliance with the applicable regulations is incumbent on the client.
Swiss Marketer reserves the right to amend these General Terms & Conditions at any time, insofar as this is objectively justified. The version published on the website shall apply in each case.
Swiss law applies exclusively, to the exclusion of any conflict-of-law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual basis is governed by the Swiss Code of Obligations (OR).
The exclusive place of jurisdiction for all disputes arising from or in connection with services, contracts, systems, or the use of this website is Zurich, Switzerland, unless a mandatory statutory place of jurisdiction takes precedence.
Should individual provisions of these Terms & Conditions be or become wholly or partially invalid, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation shall apply that comes as close as possible to the economic purpose of the original provision.
Written side agreements do not exist unless they have been expressly documented. To the extent legally permissible, the written form may also be fulfilled by electronic communication or digital confirmation.
Last updated: March 14, 2026 · Swiss Marketer