Terms of Use
As of: June 2026
1. Scope
These terms of use apply to the use of the TheCounselView platform, operated by Ingate AG, Gewerbestrasse 9, 6330 Cham, Switzerland ("the Provider"). They apply to businesses and organisations (B2B); no contract with consumers is intended. By registering and using the service, the user agrees to these terms.
2. Scope of Services & Pilot Operation
TheCounselView provides an AI-powered, adversarial strategy validation and monitoring platform and generates strategic analyses based on publicly available sources. The analyses serve solely as decision support and do not replace legal, tax, financial or business advice. Where the service is in pilot/beta operation, it is provided "as is"; features may change and there is no entitlement to a specific scope of functionality.
3. Usage Rights
The user receives a non-exclusive, non-transferable right to use the platform for internal business purposes. Sharing access credentials with third parties is prohibited. Generated reports and JSON exports (counselview_anchor.json) may be used internally and with authorised third parties (e.g. in M&A processes).
4. Rights to Content & Data
All rights in the platform, software and underlying technology remain with Ingate AG or its licensors. Data entered by the user remains the user's property; the user grants Ingate AG the right to process it to provide and improve the service. Input data is not used to train external AI language models.
5. User Obligations
The user undertakes not to process any unlawful, misleading or harmful content via the platform. Automated mass queries, scraping or resale of platform services are prohibited without prior consent in text form.
6. Prices & Payment
The prices agreed at the time of order for the chosen subscription apply. All prices are exclusive of any applicable value-added tax (VAT). Invoices are payable within 30 days of the invoice date; in the event of late payment, access may be suspended and default interest charged. Price changes are notified at least 30 days in advance and are deemed accepted unless the user terminates before they take effect.
7. Availability & Maintenance
TheCounselView aims for 99% availability but cannot guarantee uninterrupted service. Planned maintenance will be announced in advance where possible. Claims due to unavailability are limited to the respective monthly fee.
8. Data Protection
The processing of personal data is governed by the Privacy Policy (Swiss FADP and, for EU users, the GDPR). Where Ingate AG processes personal data on the user's behalf, the parties will, on request, conclude a data processing agreement (Art. 9 revFADP / Art. 28 GDPR).
9. Liability
Analyses are based on AI-generated syntheses of public sources; no warranty is given for accuracy, completeness or timeliness to the extent permitted by law. Liability for slight negligence is excluded to the extent permitted by law; no liability is accepted for indirect or consequential damages or lost profits. Mandatory liability for intent, gross negligence and personal injury (Art. 100 CO) remains unaffected. Otherwise, liability per claim is limited to the fees paid in the preceding twelve months.
10. Force Majeure
Ingate AG is not liable for service disruptions caused by force majeure (e.g. natural events, strikes, failure of upstream services, official measures, large-scale internet or power outages); performance obligations are suspended for the duration of the event.
11. Term & Termination
Subscriptions run for the chosen term (monthly or annual) and renew automatically unless cancelled in text form (e.g. email) with 30 days' notice before expiry. In the event of serious breaches, extraordinary termination without notice is possible.
12. Changes to these Terms
Ingate AG may amend these terms with 30 days' notice in text form. In the case of material changes, the user has a special right of termination effective on the date the changes take effect. Continued use after they take effect constitutes acceptance.
13. Severability
Should any provision of these terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a permissible rule that comes closest to its economic purpose.
14. Applicable Law & Jurisdiction
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Cham (Canton of Zug), Switzerland, to the extent permitted by law.