Last updated: August 29, 2025
1. Introduction
These Terms and Conditions (“Terms”) govern your use of the website sdw.solutions and services provided by Smart Data Way GmbH (“Company,” “we,” “our,” or “us”).
By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
2. Company Information
Smart Data Way GmbH
Seestrasse 112
8806 Bäch SZ, Switzerland
Email: nicola@sdw.solutions
Commercial Register: CH-130.4.022.057-4
3. Services Offered
We provide the following professional services:
3.1 AI Growth Systems
- Intelligent lead generation automation
- CRM integration and optimization
- Multi-channel growth system development
- Performance monitoring and optimization
3.2 AI Agent Development
- Custom AI agents using ChatGPT, Claude, Gemini APIs
- RAG (Retrieval-Augmented Generation) systems
- AI tool integration and automation
- Enterprise AI solution development
3.3 Smart Conversion Websites
- AI-enhanced website development
- Conversion optimization systems
- User journey personalization
- Real-time interaction features
3.4 Product-Led Growth Prototyping
- MVP development and validation
- Analytics integration
- User feedback systems
- Go-to-market validation tools
4. Service Agreement
4.1 Project Scope
- Services are provided based on agreed project specifications
- Scope changes require written agreement and may affect pricing
- Project timelines are estimates and may vary based on complexity
4.2 Client Responsibilities
- Provide necessary information and access for service delivery
- Timely feedback and approval of deliverables
- Compliance with applicable laws and regulations
- Payment of fees according to agreed terms
4.3 Our Responsibilities
- Deliver services according to agreed specifications
- Maintain professional standards and best practices
- Protect confidential client information
- Provide reasonable support during project delivery
5. Pricing and Payment
5.1 Fees
- Service fees are quoted based on project scope and complexity
- Prices are in Swiss Francs (CHF) unless otherwise specified
- Quotes are valid for 30 days unless otherwise stated
5.2 Payment Terms
- Payment schedules are agreed upon project initiation
- Invoices are payable within 30 days of issue date
- Late payments may incur interest charges as permitted by Swiss law
- We reserve the right to suspend services for overdue payments
5.3 Refunds
- Refund policies are specified in individual service agreements
- Work completed in good faith is generally non-refundable
- Disputes will be resolved according to Swiss commercial practices
6. Intellectual Property
6.1 Client IP
- Clients retain ownership of their existing intellectual property
- We respect and protect client confidential information
- Client data and business processes remain client property
6.2 Our IP
- We retain ownership of our methodologies, tools, and frameworks
- Custom developments become client property upon full payment
- We reserve the right to use general knowledge and experience gained
6.3 Third-Party IP
- We respect third-party intellectual property rights
- Clients are responsible for ensuring they have rights to provided materials
- We will not knowingly infringe on third-party rights
7. Confidentiality
7.1 Mutual Confidentiality
- Both parties agree to protect confidential information
- Confidentiality survives termination of services
- Standard exceptions apply (publicly available information, etc.)
7.2 Data Protection
- We comply with Swiss and EU data protection laws
- Client data is processed according to our Privacy Policy
- Data security measures are implemented and maintained
8. Warranties and Disclaimers
8.1 Service Warranties
- Services are provided with professional care and skill
- We warrant compliance with agreed specifications
- Defects will be remedied at no additional cost when reported promptly
8.2 Disclaimers
- Services are provided “as is” beyond express warranties
- We do not guarantee specific business outcomes or results
- Technology implementations may have inherent limitations
- Third-party service availability is not guaranteed
9. Limitation of Liability
9.1 Liability Limits
- Our liability is limited to the fees paid for the specific service
- We are not liable for indirect, consequential, or punitive damages
- Business interruption or lost profits are specifically excluded
9.2 Exceptions
- Liability limits do not apply to gross negligence or willful misconduct
- Some jurisdictions may not allow certain liability exclusions
- Data protection violations may have separate liability provisions
10. Termination
10.1 Termination Rights
- Either party may terminate with written notice
- Immediate termination for material breach or insolvency
- Completed work and outstanding fees survive termination
10.2 Effect of Termination
- Client receives deliverables for work completed and paid
- Confidentiality and IP provisions survive termination
- Return or destruction of confidential materials as requested
11. Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:
- Natural disasters or pandemics
- Government actions or regulations
- Internet or infrastructure failures
- Other unforeseeable events
12. Dispute Resolution
12.1 Governing Law These Terms are governed by Swiss law, excluding conflict of law principles.
12.2 Jurisdiction Swiss courts have exclusive jurisdiction over disputes arising from these Terms.
12.3 Alternative Resolution We encourage good faith negotiation to resolve disputes before litigation.
13. Website Terms
13.1 Acceptable Use
- Use the website for lawful purposes only
- Do not attempt to interfere with website functionality
- Respect intellectual property and other users
13.2 Content Accuracy
- Website content is for informational purposes
- We strive for accuracy but make no guarantees
- Information may be updated without notice
14. Privacy and Cookies
Your privacy is important to us. Please review our Privacy Policy for information about data collection and use.
15. Changes to Terms
15.1 Updates We may update these Terms periodically. Changes will be posted on our website with an updated effective date.
15.2 Notification Significant changes will be communicated via email or website notice.
15.3 Continued Use Continued use of our services after changes constitutes acceptance of updated Terms.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
17. Entire Agreement
These Terms, together with specific service agreements and our Privacy Policy, constitute the entire agreement between parties.
18. Contact Information
For questions about these Terms:
Smart Data Way GmbH
Seestrasse 112
8806 Bäch SZ, Switzerland
Email: nicola@sdw.solutions
Website: sdw.solutions
These Terms and Conditions are provided as a template and should be reviewed by qualified legal counsel before implementation. Laws and regulations vary by jurisdiction and may change over time.