Mont Virtua GmbH Bahnhofstrasse 20, 6300 Zug, Switzerland UID: CHE-451.311.553
Last updated: 26 March 2026
1. Scope and Acceptance
These Terms of Service (“Terms”) govern your access to and use of the services provided by Mont Virtua GmbH (“Mont Virtua”, “we”, “us”), including:
- The website at montvirtua.com
- The Enclava platform at enclava.ch
- Any related tools, APIs, documentation, and services
By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Definitions
- “Platform” means the Enclava software platform and any associated services.
- “User” means any individual or entity that accesses or uses the Platform.
- “Customer” means the entity that has entered into a subscription agreement with Mont Virtua.
- “Customer Data” means any data, documents, or content uploaded to or generated through the Platform by or on behalf of the Customer.
- “AI Output” means any text, analysis, summary, or other content generated by the Platform’s AI capabilities.
3. Services
3.1 Platform Description
Mont Virtua provides AI-powered research and compliance tools for regulated industries. The Platform enables users to search, analyze, and interact with legal, regulatory, and compliance data through natural language queries.
3.2 AI Output Disclaimer
AI Output is provided for informational purposes only. It does not constitute legal advice, professional opinion, or official interpretation of law.
Users are solely responsible for:
- Verifying the accuracy and completeness of all AI Output
- Exercising independent professional judgment
- Complying with applicable professional conduct rules
- Any decisions or actions taken based on AI Output
Mont Virtua does not guarantee the accuracy, completeness, or currency of AI Output. AI systems can produce errors, omissions, or hallucinations. Always verify against authoritative sources.
3.3 Service Availability
We aim for high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications to the Platform with reasonable notice where possible. We are not liable for any downtime, interruptions, or data loss resulting from maintenance, technical failures, or circumstances beyond our control.
4. Account and Access
4.1 Registration
To use the Platform, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.
4.2 Authorized Users
Customers are responsible for all activity under their account, including activity by authorized users. Sharing credentials across multiple individuals is prohibited unless the subscription explicitly permits it.
4.3 Suspension
We may suspend or restrict access to any account that:
- Violates these Terms
- Poses a security risk
- Is subject to a legal or regulatory requirement
- Has overdue payment obligations
5. Customer Data
5.1 Ownership
Customer Data remains the property of the Customer. Mont Virtua does not claim ownership of any Customer Data.
5.2 License to Process
By uploading Customer Data, you grant Mont Virtua a limited, non-exclusive license to process, store, and analyze such data solely for the purpose of providing the Platform services to you.
5.3 Data Handling
- Customer Data is processed and stored on Swiss-hosted infrastructure.
- We do not use Customer Data to train AI models.
- We do not share Customer Data with third parties except as necessary to provide the services (e.g., infrastructure providers under DPA) or as required by law.
- Upon termination of the subscription, Customer Data will be deleted within 30 days, unless a longer retention period is required by law or requested by the Customer.
5.4 Data Protection
Processing of personal data is governed by our Privacy Policy. Where Customer Data contains personal data, Mont Virtua acts as a data processor on behalf of the Customer (as controller). A separate Data Processing Agreement is available upon request.
6. Acceptable Use
You agree not to:
- Use the Platform for any illegal purpose or in violation of any applicable law
- Attempt to reverse-engineer, decompile, or disassemble the Platform
- Circumvent or disable any security features of the Platform
- Use automated tools (scrapers, bots) to access the Platform outside of authorized API access
- Resell, sublicense, or redistribute access to the Platform without written authorization
- Upload content that infringes third-party intellectual property rights
- Introduce malicious code, viruses, or similar harmful material
- Overload the Platform with excessive requests designed to degrade performance
7. Intellectual Property
7.1 Mont Virtua IP
The Platform, including its design, algorithms, user interface, documentation, and all underlying technology, is and remains the intellectual property of Mont Virtua. These Terms do not grant you any ownership rights in the Platform.
7.2 Data and Databases
Legal texts, court decisions, and regulatory data sourced from official government publications are in the public domain. Mont Virtua’s structured databases, indexes, citation graphs, and enrichment layers are proprietary.
7.3 Feedback
Any feedback, suggestions, or ideas you provide about the Platform may be used by Mont Virtua without restriction or compensation.
8. Fees and Payment
8.1 Subscription Fees
Fees are as set forth in the applicable subscription agreement or order form. All fees are in Swiss Francs (CHF) unless otherwise specified.
8.2 Payment Terms
Invoices are due within 30 days of issue. Late payments accrue interest at 5% per annum (Swiss CO Art. 104).
8.3 Price Changes
We may adjust pricing upon renewal with at least 60 days’ written notice before the end of the current subscription period.
8.4 Taxes
Fees are exclusive of VAT and other applicable taxes. The Customer is responsible for all taxes associated with their subscription.
9. Term and Termination
9.1 Term
Subscriptions are for the period specified in the order form. Unless terminated, subscriptions renew automatically for successive periods of the same length.
9.2 Termination for Convenience
Either party may terminate with 30 days’ written notice before the end of the current subscription period.
9.3 Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches these Terms and fails to cure within 30 days of written notice
- Becomes insolvent, files for bankruptcy, or ceases operations
9.4 Effect of Termination
Upon termination:
- Access to the Platform is revoked
- Customer Data is available for export for 30 days, then deleted
- Accrued payment obligations survive termination
- Sections 5.1, 7, 10, 11, and 13 survive termination
10. Limitation of Liability
10.1 Exclusion of Certain Damages
To the maximum extent permitted by law, Mont Virtua shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill, regardless of the cause of action or theory of liability.
10.2 Cap on Liability
Mont Virtua’s total aggregate liability under these Terms shall not exceed the fees paid by the Customer in the 12 months preceding the event giving rise to the claim.
10.3 No Liability for AI Output
Mont Virtua is not liable for any loss or damage arising from reliance on AI Output. The Platform is a tool to assist, not replace, professional judgment.
11. Warranties and Disclaimers
11.1 Platform Warranty
Mont Virtua warrants that the Platform will perform materially in accordance with its documentation during the subscription term.
11.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MONT VIRTUA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3 No Legal Advice
Mont Virtua is a technology company. We do not provide legal, tax, financial, or other professional advice. The Platform does not create an attorney-client or professional-client relationship between Mont Virtua and any user.
12. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed; or (d) is required to be disclosed by law.
13. Governing Law and Jurisdiction
These Terms are governed by the substantive laws of Switzerland, excluding the Swiss conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Zug, Switzerland. Mont Virtua retains the right to bring proceedings in the courts of the Customer’s domicile.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with the applicable order form and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements.
14.2 Amendments
We may update these Terms with at least 30 days’ notice. Continued use after the effective date constitutes acceptance.
14.3 Severability
If any provision is found unenforceable, the remaining provisions continue in full force.
14.4 Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
14.5 No Waiver
Failure to enforce any provision does not constitute a waiver.
15. Contact
For questions about these Terms:
Mont Virtua GmbH Bahnhofstrasse 20 6300 Zug, Switzerland
Email: [email protected]