Terms and Conditions

1. Scope

These terms apply to all contracts for the “AI4Wineries” service (AI-readable website twin, hosting and visibility reports) between Operal AG (“Operal”) and business customers (“Customer”). Deviating terms of the Customer apply only with written consent.

2. Services

Depending on the package chosen, Operal provides:

The twin goes live within 20 working days of order confirmation and provision of all necessary content. The Customer’s existing website is not modified.

3. Content and licence

For the term of the contract, the Customer grants Operal the non-exclusive right to reproduce and reformat the content of their website (texts, images, facts) for the twin and to make it publicly accessible under an operal.tech subdomain. Operal invents no content; the Customer’s material is the sole basis. The Customer warrants that they hold the necessary rights to the content provided.

4. Measurement methodology (binding for all reports and for §5)

1. Question catalogue: At the baseline measurement, 12 purchase-relevant customer questions are defined and frozen for the entire contract term (the “question catalogue”).
2. AI systems: Measurement covers the AI systems named in the start report (currently ChatGPT, Claude, Gemini; Premium additionally others). If a system permanently fails or is discontinued, a customary replacement system takes its place.
3. Frequency: Measurement monthly (Base: half-yearly), each time with the same question catalogue.
4. Mention: A “mention” exists when the Customer’s business name appears in the answer text of an AI system to a question from the question catalogue.
5. Evidence: Every answer is stored with date and system and disclosed to the Customer on request. Only the measurements stored by Operal are authoritative.

5. Money-back promise

5.1 Delivery guarantee (all packages). If Operal fails to meet one of the following commitments and does not remedy this within 30 days of written notice, the Customer may withdraw from the contract and receives the annual fee back in full: a) the twin going live within 20 working days (§2); b) technical AI-readability of the twin of at least 90/100 points according to the test catalogue documented in the quality report; c) delivery of the agreed reports.

5.2 Ongoing readability guarantee (all packages). Operal measures the twin’s technical AI-readability at the reporting frequency (§2). If it falls below 90/100 points in such a measurement and Operal does not restore it within 30 days, the Customer receives the annual fee back in full.

5.3 Visibility: measured, not guaranteed. How often third-party AI systems name the Customer’s business in answers to the question catalogue (§4) is measured, stored verbatim and shown in the reports. Being named by third-party AI systems lies outside Operal’s sphere of influence and is not warranted; it is not covered by the money-back promise.

5.4 Exclusions. The claims under §5.1 and §5.2 lapse if the Customer a) deactivates the twin or its accessibility, or has it deactivated; b) technically denies AI crawlers access to the twin; c) does not assert the claim in writing within 60 days of the expiry of the respective cure period.

5.5 Scope. The refund is limited to the fee paid for the current contract year; no further claims exist. The contract ends with the refund; the twin is taken offline.

6. Prices and payment

Prices per §2 in Swiss francs, payable annually in advance (card payment via Stripe or invoice within 30 days). All prices are gross, that is including any Swiss VAT; no Swiss VAT is charged to customers domiciled abroad.

7. Term and renewal

Contract term is 12 months from go-live. The contract renews automatically for a further 12 months unless terminated in writing (email suffices) no later than one month before expiry. Operal reminds the Customer of the upcoming renewal in good time before the cancellation deadline. The renewal fee falls due at the start of the new contract period. After the contract ends, the twin is taken offline.

8. Customer’s cooperation

The Customer provides the necessary information and approvals within a reasonable period (access to the website is not required) and reviews the twin before go-live. If the Customer delays cooperation, the deadlines under §2 and §5 are postponed accordingly.

9. Liability

Operal is liable only for direct damage caused by gross negligence or intent, up to a maximum of the annual fee. No liability is accepted for the content, availability or answering behaviour of third-party AI systems, nor for lost profit. Third-party AI systems lie outside Operal’s sphere of influence; only what is described in §5 is warranted.

10. Data protection

Operal processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP). Only publicly available company information and the content provided by the Customer are processed.

11. Final provisions

Swiss law applies, excluding its conflict-of-law rules and the Vienna Sales Convention. Place of jurisdiction is Zug. Should individual provisions be invalid, the remainder of the contract stays in force.

12. Governing language version

These terms are also provided in English translation. In the event of any discrepancy or question of interpretation, the German version alone is authoritative.