Terms

Version of 7 November 2026. These terms are the contract between capXholding AG and the business that opens an ai:ing account.

1. Who and what

1.1“We” and “us” are capXholding AG, Oberallmendstrasse 18, 6300 Zug, Switzerland (CHE-020.3.050.222-5). “You” are the business that opens the account. The person who accepts these terms does so on that business's behalf.

1.2In these terms:

• ai:ing is our software and service, at aiing.io, in the Mac app and in any other form we offer it, with every feature, update and part of it.
• Brand is each brand set up in your account.
• Your Content is what you or your users put into ai:ing or connect it to. This includes brand books, documents, websites, product data, files, rules, settings, messages, and data from your platforms and shop.
• Outputs are what ai:ing produces for you, such as drafts, posts, replies, ads, images, analyses and plans.
• Platforms are the outside services ai:ing connects to for you, such as Meta (Facebook and Instagram), TikTok, LinkedIn, Google, Pinterest, your shop and your email sender.
• AI Provider is the provider of the AI key you add, such as Anthropic, OpenAI, Google or OpenRouter.
• Managed Ads are the campaigns, ad sets and ads that ai:ing creates, builds, launches, starts, duplicates or scales for you on a Platform, and those it changes the budget of. It does not matter who pressed the last button.
• Ad Spend is what a Platform reports as spent on an ad, before any credit, refund or discount the Platform later gives you.
• Usage Data is data about how ai:ing is used and performs, such as clicks, timings, errors, volumes, approvals, edits and results.
• Aggregated Data is data derived from Your Content, Outputs or Usage Data that identifies neither you nor any person.

2. Businesses only

2.1ai:ing is only for businesses acting in the course of their trade or profession. By accepting these terms you confirm that you are such a business and not a consumer. You also confirm that the person accepting is authorized to bind you, and that what you told us when signing up is true.

2.2Your own purchase or general terms do not apply, even if you refer to them or we do not object to them.

3. Your account

3.1You decide who joins your account and with which role. You are responsible for everything done under your account and its sign-ins, and for keeping those sign-ins safe. Tell us at once if you suspect misuse.

3.2Each Brand needs its own paid place (section 6.1). We may charge for any Brand used without one.

4. What ai:ing is

4.1ai:ing is a tool. It drafts, suggests, schedules and, where you allow it, acts on the Platforms for you. It does not give legal, regulatory, tax, financial, medical or other professional advice. Its checks of wording, claims and rules are an aid, not legal clearance.

4.2AI makes mistakes. Outputs can be wrong, incomplete, out of date, similar to what others receive, or unsuitable. ai:ing promises no result: no sales, reach, followers, return on ad spend, approval by a Platform, or ranking.

4.3We may change, add or remove features, Platforms, AI Providers, limits and the way ai:ing works at any time. Features marked as new, preview or beta come as they are and may end without notice.

4.4We aim to keep ai:ing available, but we promise no uptime and no response time. We may interrupt it for maintenance, security or reasons outside our control.

5. Your approvals, your responsibility

5.1You review Outputs before you approve them. Some actions you can let run under a standing rule you sign, such as approving drafts after a waiting time, replying, pausing ads or moving budget between ads. Whatever ai:ing does on your approval or under such a rule, as it was set at the time, is your own act and is authorized by you.

5.2You are the publisher, the sender and the advertiser of record. You alone are responsible for what is published, sent or advertised for your Brands. This covers its truth and its claims, including health, environmental and price claims. It covers its compliance with advertising, competition, consumer, product, data-protection and intellectual-property law, and with each Platform's rules. It also covers the information the Platforms require, such as who benefits from and who pays for an ad.

5.3The Platform accounts, ad accounts, Pages and payment methods are yours, under your own contracts with the Platforms. You authorize us to act in them through ai:ing as these terms and your settings allow, and you make sure you have the rights to give that authority.

5.4You have the rights to Your Content and to let ai:ing use it as these terms describe. That includes images, music, people's likenesses, trademarks and customer data.

6. Prices

6.1Subscription. €36 per Brand per year (€3 a month, paid once a year in advance). The first Brand is paid at sign-up. A Brand you add is charged at once for the time left until your next renewal. A Brand you remove gives no credit and is simply not renewed.

6.2AI. You add your own AI key. The AI Provider charges you directly for its use, under its own terms. We are not responsible for those charges, whatever ai:ing's use caused them.

6.3Ad fee.

1. For each calendar month we charge 4% of the Ad Spend of all Managed Ads in that month, across all your Brands and Platforms.
2. The Platforms' own figures, as ai:ing reads them, are final. This holds unless you show a clear error within 30 days of the charge.
3. Ad Spend in another currency is turned into euros at the European Central Bank's reference rate on the month's last working day. The fee is rounded up to the cent. A month's fee under €1 is added to the next charge.
4. The fee is owed whatever the Managed Ads achieve. It is still owed if a Platform later refunds or credits Ad Spend, or if you dispute it with the Platform.
5. It is owed for as long as Managed Ads spend, including after you disconnect a Platform, after a suspension and after your account ends, until you stop those ads.
6. We may charge for less than this section allows. Doing so in one month does not waive the rest.

6.4Ad Spend is yours. The Platforms charge Ad Spend to you directly. We never hold, pay or owe it. Spending limits in ai:ing, including the monthly limit you set, are tools to help you control spend, not a promise. Platforms can spend more than a daily budget, figures arrive late, and connections fail. You remain responsible for all Ad Spend and for setting limits in the Platforms themselves.

6.5Taxes. Prices are as stated on our order and billing pages. Taxes are added or included as the invoice shows. You bear any tax, duty or withholding other than taxes on our income.

6.6Price changes. We may change prices and the ad fee with at least 30 days' notice. A new subscription price applies from your next renewal. A new ad fee applies from the next calendar month after the notice ends.

7. Payment

7.1You authorize us and our payment provider, Stripe, to charge the payment method on your account without asking each time. This covers renewals, added Brands, the monthly ad fee and anything else owed under these terms. The authorization lasts until everything owed is paid. If your card changes, update it in the billing page at once. We may charge a replacement or updated card that Stripe or your bank provides.

7.2All fees are due when charged and are not refundable and not creditable. This applies in every case, including unused time, removed Brands, downgrades, outages, suspension, termination by either side, and features you did not use. It applies to the extent the law allows.

7.3You may not set off or withhold any amount against what you owe us.

7.4If a payment fails, we may suspend your account at once until it is paid. Stripe tries the payment again. Unpaid amounts bear default interest of 5% a year. You also bear the costs of collecting them.

7.5If you dispute a charge with your bank (a chargeback) that was due under these terms, you pay the amount, the bank's and Stripe's fees, and €50 for our handling, and we may close your account.

8. Term and ending

8.1The subscription runs for one year from the first payment and renews by one year at a time. You can cancel at any time in the billing page. Cancelling takes effect at the end of the paid year.

8.2We may end the subscription at the end of any paid year with 30 days' notice. We may end it at once in any of these cases:

• you breach these terms;
• a payment fails and is not made within 14 days;
• you become insolvent or stop trading;
• your use creates a legal, security or reputational risk for us or others;
• a Platform or authority requires it.

8.3When the subscription ends, access ends. Download what you need before then. We delete Your Content within 30 days afterwards, except where the law requires us to keep it and except for backups, which are overwritten in their normal cycle. Amounts owed, including the ad fee under section 6.3(e), remain owed.

8.4Sections 6.3 to 7, 8.3, 10, 13 to 16, 19 and 20 survive the end of the contract, as does anything else that by its nature should.

9. Suspension

We may suspend your account, a Brand, a feature or a connection, in whole or in part, without liability. We may do so in any of these cases:

• a payment fails;
• you breach or seem to breach these terms;
• a Platform objects;
• we need to in order to protect ai:ing, you, others or ourselves;
• the law requires it.

Fees remain due during a suspension.

10. Data and rights

10.1Your Content stays yours. You give us a worldwide, free licence to use it, and to let our providers use it, for providing ai:ing to you and as this section allows. The licence covers hosting, copying, processing, transmitting, adapting, translating and showing it.

10.2Personal data in Your Content. You are its controller, and we process it for you as your processor under Annex A.

10.3Our use of data. Usage Data and Aggregated Data belong to us. We may use them for any purpose, during the contract and after it, including in benchmarks, publications and products. You also give us a worldwide, perpetual, irrevocable, free and transferable licence to use Your Content and Outputs that are not personal data, and the knowledge gained from them. The licence lets us run, secure, improve, test, develop and train ai:ing and our other products, including machine-learning models, prompts and rules. It survives the end of the contract. We will not publish Your Content in a way that identifies you, except as section 10.5 allows or with your approval.

10.4Your account data. We are the controller of the data about your account and its users, such as names, email addresses, roles, sign-ins and billing. We use it to run the contract, for support, security and fraud prevention, and to tell you about our products, as our privacy notice describes.

10.5Reference. We may name you and show your logo as a customer of ai:ing. We may also describe in general terms how you use it, and show content published for your Brands as an example of ai:ing's work. Content published on a Platform is public already.

10.6Feedback. Ideas, suggestions and feedback you give us may be used by us freely and forever, without payment or credit.

10.7ai:ing is ours. ai:ing and everything in it belong to us or our licensors. That covers the software, design, prompts, rules, checks, models, templates, and what ai:ing learns across customers. It also covers every improvement, including those made from your feedback or data. You receive only the right to use ai:ing for your own business during the contract, as these terms allow.

10.8Outputs. You may use the Outputs for your business. We do not promise that they are unique or original, or that they do not infringe others' rights. Similar Outputs may be produced for others. Section 10.3 applies to Outputs too.

11. Platforms, AI Providers and others

Platforms, AI Providers, Stripe, your shop and other outside services are not ours. Their own terms apply between you and them. We are not responsible for what they do or fail to do. This includes changes to their interfaces or rules, outages, rejected ads, account restrictions or bans, reviews they require before ai:ing may use a feature, and their charges. A feature that depends on one of them may stop working when they change something.

12. Acceptable use

You may not use ai:ing:

• for anything unlawful, deceptive, discriminatory or harmful;
• for spam, or for ads or messages that break a Platform's rules;
• to copy, decompile, reverse engineer or resell ai:ing, or to build or train a competing product with it;
• to scrape it, probe or overload it, or get around its limits or security;
• to publish benchmarks of it;
• if you are, or act for, a person under sanctions.

We may check that you comply.

13. No warranties

ai:ing is provided as it is and as available. To the extent the law allows, we exclude every warranty and guarantee, express or implied, including those under Articles 197 et seq. of the Swiss Code of Obligations. This includes fitness for a purpose, accuracy, availability, freedom from errors and non-infringement.

14. Liability

14.1We are liable only for damage we cause intentionally or through gross negligence. Our liability for any other negligence is excluded. Our liability for our auxiliaries, which include our staff, subcontractors, hosting providers and AI Providers, is excluded entirely (Article 101(2) Swiss Code of Obligations). Both exclusions apply to the extent the law allows.

14.2We are in no case liable for any of the following, to the extent the law allows:

• indirect or consequential loss;
• lost profit, revenue, savings, goodwill or data;
• Ad Spend, AI Provider charges, or Platform fees;
• fines or penalties;
• restrictions or bans on your Platform accounts;
• third parties' claims.

14.3To the extent the law allows, our total liability for all claims in any one calendar year is limited to the fees you paid us in the 12 months before the event giving rise to the first claim.

14.4You must notify us of any claim in writing within 60 days after you noticed or should have noticed it. Otherwise the claim lapses, to the extent the law allows.

15. Your indemnity

You indemnify and hold harmless us, our officers, staff and auxiliaries against all claims, losses, fines, costs and reasonable legal fees arising from any of the following:

• Your Content, Outputs you approved, and your Brands, products and ads;
• actions taken on your approval or under your standing rules;
• your instructions for personal data;
• your breach of these terms, the law, or a Platform's rules.

16. Confidentiality

You keep confidential what you learn about ai:ing that is not public, such as how it works inside, its security and plans, non-public prices and our communications. We treat Your Content that is not public with reasonable care and use it only as these terms allow.

17. Changes to these terms

We may change these terms. We tell you at least 30 days before a change takes effect, by email or in ai:ing. Changes the law, security or a Platform requires may take effect sooner. If you do not agree, cancel before the change takes effect. Your subscription then ends at the end of the paid year, without refund. If you keep using ai:ing after that date, you accept the change. Settings → This account shows which version you accepted and when.

18. Force majeure

We are not responsible for failures caused by events outside our reasonable control. These include outages or changes at Platforms, AI Providers, hosting or payment providers, internet failures, attacks, strikes, epidemics, war, and acts of authorities.

19. General

19.1We may use subcontractors. We may transfer the contract or our claims under it to a company in our group or to a buyer of ai:ing. You may transfer it only with our written consent.

19.2We may write to the email address of your account's owner. An email counts as received on the day it is sent. You write to us at companies@capxholding.com.

19.3Our electronic records, such as the record of your acceptance, approvals, the audit trail and the Platforms' figures, are proof of what they show unless you prove otherwise.

19.4These terms, with Annex A and the order and billing pages, are the whole agreement. If a provision is invalid, the rest stays valid. The invalid provision is replaced by the valid one closest to its economic purpose. If a limit or exclusion goes further than the law allows, it applies as far as the law allows.

19.5Not exercising a right is not a waiver of it. The English text is the only binding one.

20. Law and courts

These terms are governed by Swiss law. Its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods do not apply. The courts of Zug, Switzerland, have exclusive jurisdiction. We may also sue you at your seat.

Annex A: Data processing

This annex applies when we process personal data for you as your processor: that is, the personal data in Your Content. Examples are your customers', followers' and subscribers' data from your shop, inbox and Platforms. It meets Article 28 of the GDPR and Article 9 of the Swiss Data Protection Act.

A1. Subject and duration

We process the data to provide ai:ing to you: drafting, replying, measuring, sending, and running ads. The data concerns the people your business deals with: customers, prospects, followers, subscribers and those who write to you. It includes contact details, messages, comments, orders and interactions. Processing lasts as long as the contract and section 8.3.

A2. Instructions

We process the data only on your instructions. These terms, and how you set up and use ai:ing, are your complete instructions. Further instructions must be in writing; we may decline them or charge for them. We tell you if we believe an instruction breaks data protection law. We may process the data where the law requires us to, and tell you unless the law forbids it.

A3. People and security

Everyone who processes the data for us is bound to confidentiality. We keep technical and organizational measures appropriate to the risk. They include:

• encryption in transit;
• sealed storage of your Platform keys;
• access only through signed-in, role-based accounts;
• an append-only audit trail;
• regular backups.

We may change the measures as long as they stay at least as protective.

A4. Subprocessors

You give us general authorization to use subprocessors. The current ones are:

• Cloudflare, Inc., for hosting, database, file storage, email sending, and turning documents into text;
• Resend, Inc., for sending invitations to your account;
• the push services of your users' browsers and devices (such as Apple, Google and Mozilla), for the notifications they switch on.

We tell you at least 14 days before adding or replacing one, on this page or by email. If you object on reasonable data-protection grounds, your remedy is to cancel under section 17, without refund. We bind each subprocessor to data-protection duties equivalent to those in this annex.

The following are not our subprocessors: the Platforms, your shop and email sender, and the AI Provider whose key you add. You choose them and contract with them yourself. Data goes to them on your instruction, and you are responsible for that relationship.

A5. Transfers

Data may be processed outside Switzerland and the EEA. Where it goes to a country without an adequate level of protection, we rely on the European Commission's standard contractual clauses, with the Swiss amendments, or another valid safeguard. You authorize us to agree to them with subprocessors where needed.

A6. Assistance

ai:ing's own features let you find, export, correct and delete data. Beyond them, we help you answer data subjects' requests, assess risks and consult authorities as far as reasonable. You pay for this help at our then-current rates.

A7. Breaches

We tell you without undue delay after we become aware of a personal data breach affecting the data. We give you the information we have and that you need for your own notices.

A8. Deletion

At the end of the contract we delete the data as section 8.3 describes. Until then you can export it with ai:ing's features. That export is how data is returned to you.

A9. Audits

We give you the information needed to show that we comply with this annex. Inspections are allowed only if that information is not enough or an authority requires one. An inspection needs 30 days' written notice. It takes place during business hours, at most once a year, and is carried out by an auditor bound to confidentiality. You bear its cost, including ours.

A10. Liability and order

Sections 14 and 15 apply to this annex. Where this annex and the rest of the terms differ on personal data, the annex prevails, but only as far as data protection law requires.