Terms and Conditions

Last updated: 6 October 2026

These General Terms and Conditions (Terms) apply to all contracts for ShopGeist between DCMB GmbH, Baarermattstrasse 8b, 6340 Baar, Switzerland (CHE-290.198.733) ("ShopGeist", "we") and its customers ("Customer").

1. Scope

ShopGeist is offered exclusively to businesses, i.e. merchants using ShopGeist for their commercial activity. We do not contract with consumers. The Customer's own terms apply only if we have agreed to them in writing.

2. Services

ShopGeist is an AI-powered customer service system for online shops. It answers the Customer's customers by email and chat, drafts or sends replies, and can look up orders and trigger actions through connections (e.g. Shopify). On the Managed plan we set ShopGeist up for the Customer's shop, train it on the Customer's content and look after it on an ongoing basis.

Each plan includes a number of tickets per calendar month. A ticket is one conversation with one of the Customer's customers, however many messages it contains. We give notice at 80% of the allowance. ShopGeist keeps working up to 120%; beyond that, new enquiries are forwarded to the Customer without an AI draft until the month ends or the plan changes. Nothing is charged beyond the plan price. The current scope of service is described on shopgeist.ch.

The ShopGeist Shopify app is free; it is a connection to ShopGeist, not a separate contract for payment. Messages through the storefront chat widget count towards the Customer's ticket allowance.

3. Artificial intelligence

Replies are produced by AI models and may be wrong or incomplete. The Customer decides whether drafts are reviewed before sending or whether automatic sending is enabled for certain topics. The Customer is responsible for the content of messages sent on its behalf and for the accuracy of the information it gives ShopGeist (knowledge base, policies, shop data). Actions such as cancellations, refunds or address changes are only carried out where the Customer has approved them.

4. Conclusion of contract

The contract is concluded when the Customer subscribes on the checkout page, pays a payment link (offer) we sent, or accepts a written offer. By doing so the Customer accepts these Terms.

5. Prices and payment

• The prices shown at checkout or stated in the offer apply, in Swiss francs (CHF) or euros (EUR). All prices are exclusive of VAT. Customers based in Switzerland or Liechtenstein are charged Swiss VAT (currently 8.1%; VAT no. CHE-290.198.733 MWST). Businesses based abroad receive the service without Swiss VAT and account for any tax themselves where applicable (reverse charge).
• Subscriptions are billed monthly or yearly in advance. Payment is processed by our payment provider Stripe, which sends invoices and receipts by email.
• An agreed setup fee is due once with the first invoice and is non-refundable once setup has begun.
• Where a free trial is agreed, it ends automatically and continues as a paid subscription unless the Customer cancels before it ends.
• Price lock: the price agreed at signup applies for the life of the subscription. We announce price changes at least 30 days in advance; the Customer may then cancel with effect from the change.

6. Late payment

If a payment fails, Stripe retries it automatically and asks the Customer to update its payment method. If payment is still not made after a reminder, we may, after notice, restrict access to the free plan or end the contract.

7. Term and cancellation

• Subscriptions run for one month or one year, as chosen, and renew automatically for the same period.
• The Customer may cancel at any time with effect from the end of the current period, in the account under "Plan" ("Manage payment and invoices") or by email to louis@shopgeist.ch. Periods already paid are not refunded pro rata.
• We may cancel with 30 days' notice to the end of a period. Either party may terminate without notice for good cause, in particular abuse or serious breach of contract.

8. Customer obligations

The Customer provides truthful information, keeps its access credentials secret and uses ShopGeist only in compliance with applicable law, in particular data protection, unfair competition and consumer law. It does not send unsolicited advertising or unlawful content through ShopGeist.

9. Availability

We operate ShopGeist with due care but do not guarantee a particular availability. Where possible, maintenance takes place outside business hours. If ShopGeist is unavailable, incoming enquiries are not lost; they remain in the Customer's inbox.

10. Data

We process personal data in accordance with the privacy policy. For the data of the Customer's customers we act as a processor; a data processing agreement is available on request. After the contract ends we delete the Customer's data within the periods stated in the privacy policy.

11. Liability

We are liable without limitation for damage caused intentionally or through gross negligence. Otherwise, to the extent permitted by law, our liability is limited to the amount the Customer paid in the twelve months before the event giving rise to the damage. To the extent permitted by law, we are not liable for indirect or consequential damage, lost profit, or damage arising from AI-generated replies that the Customer approved or had sent automatically.

12. Changes to these Terms

We announce changes by email at least 30 days before they take effect. If the Customer does not agree, it may cancel with effect from that date; otherwise the amended Terms are deemed accepted.

13. Governing law and jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Zug, Switzerland.

Contact

DCMB GmbH, Baarermattstrasse 8b, 6340 Baar, Switzerland · louis@shopgeist.ch