Legal

Yumi Terms of Service

These terms govern the contract between digitalCode Sagl, Via Livio 5, 6830 Chiasso, Switzerland (“digitalCode” or “we”) and the person who creates a Yumi account for themselves or for an organization (the “Customer”).

By creating the account, the Customer accepts these terms and the documents that form an integral part of them:

• the Data Processing Agreement (DPA);
• the Service Levels (SLA).

The Privacy Policy explains how we process the personal data for which we are the controller.

1. Definitions

• Yumi or Service: the platform available at yumi.digitalcode.ch and chat.yumi.digitalcode.ch, with dashboard, assistants, chat, widget and API.
• Organization: the Customer’s workspace in Yumi, with its plan, its assistants and its content.
• Members: the people the Customer invites to its Organization.
• Visitors: the people who write to one of the Customer’s assistants, for example from the widget on the Customer’s website or from a private channel.
• Sources: the web pages, documents and other content the Customer adds so that the assistant can use them to answer.
• Credits: the units Yumi uses to measure processing, included in the plan each month or purchased as a top-up.

2. Who may use Yumi

Yumi is intended for businesses, professionals, public bodies and associations. The person who creates the account declares that they are at least 18 years old and, if acting for an organization, that they have the authority to bind it.

If the Customer is a consumer, the mandatory rules protecting consumers remain unaffected.

3. Account and security

The Customer provides accurate information and keeps it up to date. The Customer keeps its credentials safe and is responsible for what happens with its account and with those of its Members.

We recommend enabling two-factor authentication. The Customer notifies us immediately at info@digitalcode.ch if it suspects unauthorized access.

4. The Service

Yumi lets the Customer create assistants that answer based on the Customer’s Sources, using artificial intelligence models. The features, quotas and limits of each plan are those shown on the plans page at the time of purchase.

We may improve or change the Service, for example by changing AI models or providers, provided that the essential features of the purchased plan remain available. If a change significantly reduces an essential feature, we will give at least 30 days’ notice.

AI-generated answers

Answers are produced automatically and may be incomplete, inaccurate or wrong, even when they cite a source. They do not constitute professional advice (legal, medical, financial or otherwise).

The Customer chooses the Sources, configures its assistants and checks that the answers are suitable for its use of them. The Customer is responsible towards its Visitors for the information the assistant provides on its behalf.

5. Plans, prices and Credits

• Plans are prepaid monthly subscriptions, priced in Swiss francs (CHF). Value added tax, where due, is shown on the invoice.
• The subscription starts when payment is confirmed and renews automatically every month until the Customer cancels it.
• Payments are handled by Stripe. The Customer authorizes charging the subscription fee and top-ups to the registered payment method.
• Each month the plan includes an allowance of Credits, valid for that period: unused included Credits do not carry over to the following month.
• On plans that offer it, the Customer can purchase top-ups. Purchased Credits do not expire, but can only be used with an active subscription.
• Processing requires a sufficient balance: when Credits run out, new processing stops until the renewal, a top-up or an upgrade to a higher plan. There are no automatic charges beyond those the Customer has enabled, such as automatic top-up with the spending cap it chooses.
• An upgrade to a higher plan takes effect immediately and the difference for the current period is charged. A downgrade to a lower plan takes effect from the next renewal.
• We may change prices with at least 30 days’ notice. The new price applies from the first renewal after the notice period; a Customer who does not accept it may cancel beforehand.

6. No refunds

Subscriptions and purchased Credits are non-refundable, not even in part: neither for the remaining period after cancellation, nor for unused Credits, nor for a downgrade to a lower plan.

The following remain unaffected:

• the service credits provided for in the SLA;
• a refund of the portion already paid and not used, if digitalCode discontinues the Service or terminates the contract without a breach by the Customer;
• the rights that the applicable law grants on a mandatory basis.

7. Non-payment

If a renewal fails, Stripe retries the charge. During this period the Service remains active for a limited time. If payment is not received, we may suspend the Organization until the balance is paid and, after further notice, terminate the contract.

8. Cancellation and termination

• The Customer may cancel at any time from the dashboard. Cancellation takes effect at the end of the period already paid; until then the plan remains active.
• We may terminate the contract with 30 days’ notice.
• We may suspend or close an account immediately in the event of a serious breach of these terms, unlawful use, or a risk to the security of the Service or of third parties.
• On termination, we delete the Organization’s content in accordance with the Data Processing Agreement. The Customer keeps a copy of its own Sources: Yumi is not a storage service.

9. Customer content

Sources, configurations and conversations remain the Customer’s property. The Customer grants us the right to store, process and transmit them to the providers listed in the DPA, to the extent necessary to provide the Service.

The Customer warrants that it holds the necessary rights to the Sources, including the web pages it has Yumi read, and that they do not infringe third-party rights or the law.

We do not use Customer content to train artificial intelligence models.

10. Acceptable use

The Customer does not use Yumi, and does not allow its Members or Visitors to use it, for:

• unlawful, fraudulent, defamatory or discriminatory activities, or activities that infringe third-party rights;
• leading Visitors to believe they are talking to a person: the Customer informs Visitors that they are interacting with an artificial intelligence system;
• decisions that produce legal or similarly significant effects on people without human review, or other high-risk uses under the applicable artificial intelligence legislation;
• uploading special categories of personal data (for example health data) or data of minors, unless this is essential and lawful;
• circumventing quotas, limits or security measures, accessing other customers’ data or overloading the Service;
• having Yumi read websites or documents that the Customer does not have the right to use;
• distributing malicious code, spam or content inciting violence.

11. Personal data

For the data of its own account and billing, digitalCode is the controller in accordance with the Privacy Policy.

For personal data contained in the Sources and in Visitors’ conversations, the Customer is the controller and digitalCode is the processor in accordance with the Data Processing Agreement. The Customer informs its Visitors, for example in its own privacy policy.

12. Availability and support

Availability levels and service credits are defined in the SLA. Support is provided from the dashboard or at info@digitalcode.ch.

13. Intellectual property

The software, the Yumi trademark and the content of the Service belong to digitalCode. The Customer receives a non-exclusive, non-transferable right of use for the term of the contract. The Service is intended for the Customer’s own business and its Visitors: it may not be resold, sublicensed or offered to third parties as a service, for example by creating and managing assistants on behalf of the Customer’s own clients, without a written agreement with digitalCode. Nor may the Customer copy or decompile the software.

14. Liability

To the extent permitted by law:

• digitalCode’s total liability is limited to the amount paid by the Customer in the 3 months preceding the event;
• liability is excluded for indirect or consequential damage, loss of profit, loss of data and damage arising from AI-generated answers or from the Customer’s use of them;
• we are not liable for interruptions caused by force majeure or by third-party services beyond our control, such as internet networks and payment providers.

These limitations do not apply to damage caused intentionally or through gross negligence, because Swiss law does not allow such liability to be excluded in advance (Art. 100 of the Swiss Code of Obligations).

The Customer indemnifies digitalCode against third-party claims arising from its Sources, from the configuration of its assistants or from use contrary to these terms.

15. Confidentiality

Each party treats the other party’s non-public information as confidential and uses it only to perform the contract.

16. Changes to the terms

We may change these terms for objective reasons, for example new features, changes in the law or in providers. We announce material changes by email or in the dashboard at least 30 days in advance.

If the Customer does not accept them, it may cancel before they take effect; by continuing to use Yumi after that date, it accepts them. The version in force is always published on this page.

17. Final provisions

• In the event of discrepancies between language versions, the Italian text prevails.
• If a clause is invalid, the others remain valid; the invalid clause is replaced by the valid clause that comes closest to its purpose.
• The contract is governed by Swiss law, excluding the Vienna Convention on Contracts for the International Sale of Goods.
• The exclusive place of jurisdiction is Chiasso (Switzerland), subject to mandatory places of jurisdiction provided by law.

18. Contact

digitalCode Sagl Via Livio 5, 6830 Chiasso, Switzerland Email: info@digitalcode.ch Phone: +41 (0)91 682 88 44

Version 2026-10-27 · effective from 27 October 2026

If the language versions differ, the Italian text prevails.