Terms and conditions

1. Scope

These general terms and conditions ("Terms") govern the use of the software-as-a-service application ntool (ntool.ch), operated by 8am, [company name and legal form], [ZIP City], Switzerland (the "Provider"). By using ntool you accept these Terms. Deviating terms apply only if agreed in writing. The German version of these Terms prevails in case of discrepancies.

2. Service

ntool is an editor for marketing and transactional emails: visual creation of campaigns and templates, AI-assisted draft texts, and hand-off of finished emails to connected sending systems (e.g. Listmonk, Mailchimp, Brevo, Sendy, Plunk or n8n). Sending itself happens through the customer's systems; the Provider does not send emails to end recipients.

The scope of functionality follows the current product description. The Provider may develop the service further and adapt features as long as the purpose of the contract is preserved.

3. Account and access

Access is provided via an 8am account. Credentials must be kept confidential; actions taken through your account are attributed to you. The Provider may suspend accounts in case of abuse.

4. User obligations

You undertake to use ntool lawfully, in particular:

• not to prepare the sending of spam or unlawful content through connected systems;
• to comply with applicable data protection and fair-trading rules (including the Swiss FADP, UCA and, where applicable, the GDPR), in particular consent requirements for marketing emails;
• not to infringe third-party rights (copyright, trademarks, personality rights).

You are responsible for the content you create or import — including AI-generated drafts you adopt.

5. AI features

AI-generated content consists of drafts and may contain errors. Review it before use. Volume limits (e.g. monthly cost caps) may apply to AI features.

6. Availability and support

The Provider strives for high availability but does not owe a specific uptime level unless agreed in writing. Maintenance windows, further development and incidents may lead to interruptions.

7. Fees

Prices and billing terms follow the respective agreement or the current price list. [For paid plans: add payment terms.]

8. Data and privacy

The processing of personal data is governed by the privacy policy. Customer data remains the property of the customer; the Provider uses it only to provide the service.

9. Liability

The Provider is liable without limitation for damage caused by gross negligence or intent. Any further liability — in particular for slight negligence, indirect damage, lost profits, data loss or damage arising from sending through third-party systems — is excluded to the extent permitted by law.

10. Term and termination

The contract runs for an indefinite period and may be terminated by either party subject to the agreed notice period. In case of serious violations of these Terms, the Provider may terminate access without notice.

11. Changes

The Provider may amend these Terms. Changes will be communicated in an appropriate form and are deemed accepted if the service continues to be used thereafter.

12. Governing law and jurisdiction

Swiss law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is [City], Switzerland, unless mandatory law provides otherwise.