Terms and Conditions

1. Terms and Conditions (T&C)

1. Introduction

Welcome to Tricle ("Service"), provided by Clayground GmbH ("we," "us," or "Tricle"), located in Schaffhausen, Switzerland.

By creating an account or using our website and services, you ("Customer," "User," or "you") agree to these Terms.

Eligibility
You must be at least 18 years old and have the authority to bind your organization.

Changes
We may update these Terms. Material changes will be notified 30 days in advance. Continued use implies acceptance.

2. The Service & Access

License
We grant you a limited, non-exclusive, revocable license to use Tricle for your internal business purposes.

Beta Features
We may release "Beta" or "Experimental" features. These are provided "AS IS" without warranties.
You acknowledge that Beta features may have lower security standards than our production environment. You should not rely on Beta features for processing highly sensitive or critical data.

Third-Party Services
Our Service relies on third-party providers (e.g., OpenAI, CRM APIs). We are not liable for outages, API changes, or issues caused strictly by these third parties.

3. Data Protection & Confidentiality

Roles
You are the Data Controller; we are the Data Processor. Our processing of personal data is governed by our Data Processing Addendum (DPA), incorporated here by reference.

Confidentiality
Both parties agree to treat the other’s confidential information, including Customer Data and Tricle's non-public technical details, with commercially reasonable care.
We will not disclose Customer Data except to authorized subprocessors or as required by law.

AI Training
We do not use your Customer Data to train non-personalized, public AI models.

4. Intellectual Property & AI Outputs

Our IP
Clayground GmbH owns the Tricle platform, code, algorithms, and brand.

Your IP & Data
You own your Customer Data.

AI Outputs
You own the specific content generated for you ("Outputs"). However, due to the nature of Generative AI:

• Non-Uniqueness: Outputs may not be unique and similar outputs may be generated for other users.

• No Warranty: We do not warrant that AI Outputs are non-infringing or factually accurate ("hallucinations"). You assume all risk for your use of Outputs.

5. User Responsibilities

Human-in-the-loop
You are solely responsible for reviewing and approving all AI Outputs before use.

Prohibited Use
You agree not to use Tricle for unlawful purposes, spam (violating GDPR or CAN-SPAM), or to reverse engineer the Service.

Non-Solicitation
During the term and for two (2) years after, you agree not to solicit or hire Clayground employees or contractors.
Breach incurs a placement fee of 25% of that person’s first-year compensation.

6. Payment & Cancellation

Fees
Billed in advance. Non-refundable.

Invoicing (Enterprise)
Payment due within 15 days.
Late fees apply as follows:

• 5% if overdue by more than 30 days

• 10% if overdue by more than 60 days

We may suspend the Service for non-payment.

Cancellation
You may cancel at any time. Access continues until the end of the billing cycle.

7. Indemnification

By You
You agree to indemnify and hold Clayground harmless from claims arising from your Customer Data, your violation of laws, or your use of AI Outputs.

By Us (Reciprocal)
We agree to indemnify and hold you harmless from third-party claims alleging that the Tricle platform itself, excluding AI models, Customer Data, or your specific Outputs, infringes valid intellectual property rights, provided you notify us promptly and give us control of the defense.

8. Disclaimers & Limitation of Liability

"AS IS"
The Service is provided "as is" without warranties of merchantability or fitness for a particular purpose.

Liability Cap
Except for the exclusions below, Clayground GmbH’s total liability shall not exceed the total fees paid by you in the 12 months preceding the claim.

Liability Carve-Out (Data Protection)
For claims arising from a breach of Confidentiality (Section 3) or Data Protection obligations, liability is limited to three times (3x) the total fees paid in the previous 12 months.

Exclusions
Neither party is liable for indirect, incidental, or consequential damages, such as lost profits, except in cases of gross negligence or willful misconduct.

9. General Provisions

Assignment
You may not assign this agreement without consent. We may assign it, including in cases of M&A, without restriction.

Survival
Sections regarding IP, Confidentiality, Payment, Indemnification, and Limitation of Liability survive termination.

Governing Law
Switzerland.
Jurisdiction: Schaffhausen.

2. Data Processing Addendum (DPA)

Last Updated: January 14, 2026

This Data Processing Addendum ("DPA") forms part of the Terms and Conditions ("Agreement") between Clayground GmbH ("Processor") and the User ("Controller").

1. Definitions & Roles

Controller (You)
Determines the purpose and means of processing.

Processor (Us)
Processes Personal Data on behalf of the Controller.

Personal Data
Information relating to an identifiable person, for example CRM contacts.

2. Security Measures

We implement appropriate and commercially reasonable technical and organizational measures to protect Personal Data, including encryption (TLS/SSL), access controls, and regular audits.

You acknowledge that security measures are subject to technical progress and development. We may update these measures provided the overall security level is not degraded.

3. Subprocessors

You grant general authorization to engage the following subprocessors:

Infrastructure & Backend

• Supabase (EU)

• Render (Switzerland)

• n8n (EU)

• Vercel (Global)

AI Models

• OpenRouter (Global)

• OpenAI (US)

• Anthropic (US)

• Google (US)

Billing

• Stripe (Global)

Changes & Objections
We will notify you of intended changes to subprocessors 30 days in advance.
You may object on reasonable data protection grounds. If unresolved, you may terminate the Agreement with a pro-rata refund for unused prepaid fees.

4. International Transfers

If Personal Data is transferred to a country without an adequate data protection level, such as the USA, we ensure safeguards are in place, including Standard Contractual Clauses (SCCs) or Data Privacy Framework (DPF) certification.

5. Data Subject Rights & Breach Notification

Assistance
We assist you, at your expense for complex requests, in responding to Data Subject requests such as deletion.

Breach Notification
We will notify you without undue delay after becoming aware of a confirmed Personal Data breach affecting your data.

6. Audit Rights

Upon written request, we will provide information necessary to demonstrate compliance.
This may be satisfied by providing recent independent security reports or certifications.

On-site audits are permitted only where legally required or where a material breach is reasonably suspected, subject to confidentiality and non-disruption obligations.

7. Liability

Liability under this DPA is subject to the exclusions and limitations set out in the Agreement, unless applicable law prohibits such limitation.

8. Deletion & Return

Upon termination of the Agreement, we will delete or return all Personal Data within 30 to 60 days, unless retention is required by law.

9. Governing Law

This DPA is governed by the laws of Switzerland.
Jurisdiction: Schaffhausen.