1.1 These Terms and Conditions (T&C) apply to all contracts between DeepGrow AG, Altenrhein (SG), Switzerland (hereinafter “DeepGrow” or “we”) and companies (hereinafter “Customer” or “you”) regarding the use of the DeepGrow platform and app for workplace mental fitness.
1.2 These T&C apply exclusively to B2B customers (companies, organizations, public institutions). Separate terms of use within the app apply to end users (employees).
1.3 Deviating or conflicting terms of the Customer shall not be recognized unless DeepGrow expressly agrees to their validity in writing.
2.1 DeepGrow provides a digital platform for mental fitness that includes the following services:
• Access to the DeepGrow app for the agreed number of employees
• Personalized audio sessions in the areas of sleep, stress, and focus
• AI-based content adaptation
• Anonymized HR dashboard with aggregated usage statistics
• Onboarding support (kick-off session)
• Optional additional services as per individual offer
2.2 The exact scope of services is determined by the respective offer or order confirmation.
3.1 Offers from DeepGrow are non-binding unless expressly stated otherwise.
3.2 A contract is concluded by:
• Signing of a written contract by both parties, or
• Written order confirmation by DeepGrow, or
• Actual use of the services after activation
4.1 DeepGrow typically offers a pilot program of 8 weeks duration for 20-30 employees.
4.2 The pilot program includes:
• Full app access for the pilot group
• One kick-off session (online or on-site)
• Communication materials for HR
• Anonymized dashboard
• Review call upon completion
4.3 There is no automatic renewal after the pilot. A rollout requires a separate contract.
5.1 DeepGrow grants the Customer a non-exclusive, non-transferable right to use the DeepGrow platform and app for the agreed number of users for the duration of the contract.
5.2 The Customer is not entitled to:
• Copy, modify, or decompile the software
• Share access credentials with third parties
• Use the services for purposes other than those agreed
• Systematically extract or redistribute content
6.1 The Customer agrees to offer participation to its employees on a voluntary basis.
6.2 The Customer ensures that employees are informed about data protection before use and provide their consent.
6.3 The Customer designates a contact person for communication with DeepGrow.
6.4 The Customer will not request individual usage data of employees or otherwise attempt to determine such data.
7.1 DeepGrow aims for platform availability of 99% annual average (excluding scheduled maintenance).
7.2 Scheduled maintenance will be announced at least 48 hours in advance where possible and performed outside regular business hours.
7.3 Support is provided via email during business hours (Mon-Fri, 9am-5pm CET). DeepGrow endeavors to respond to inquiries within 2 business days.
8.1 Prices are determined by the respective offer. All prices are in Swiss Francs (CHF) unless otherwise stated.
8.2 Invoices are due within 30 days of the invoice date without deduction.
8.3 In case of late payment, DeepGrow is entitled to charge default interest of 5% p.a. and to suspend access to the platform.
8.4 Price changes for ongoing contracts will be announced with 3 months’ notice to the end of a contract term.
9.1 The contract term is determined by the respective offer. Standard terms are 12 months.
9.2 The contract automatically renews for 12 months unless terminated with 3 months’ notice before the end of the contract.
9.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:
• Material breach of these T&C
• Payment default exceeding 30 days
• Insolvency filing or cessation of business operations
10.1 DeepGrow processes personal data in accordance with the Privacy Policy and applicable data protection laws (Swiss DPA, EU GDPR).
10.2 The Customer receives exclusively anonymized and aggregated data. Individual usage data of employees is not shared with the Customer.
10.3 Where required, the parties shall conclude a separate Data Processing Agreement (DPA).
11.1 All rights to the DeepGrow platform, app, audio content, and underlying technology remain with DeepGrow.
11.2 The Customer does not acquire ownership rights, only the usage right described in Section 5.
12.1 DeepGrow is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages caused intentionally or through gross negligence.
12.2 For slight negligence, DeepGrow is only liable for breach of essential contractual obligations. In this case, liability is limited to the foreseeable, typical damage, but not exceeding the annual amount of the fee paid by the Customer.
12.3 DeepGrow does not guarantee specific health outcomes. The app does not replace medical or psychotherapeutic treatment.
12.4 Liability for data loss is limited to the typical recovery effort that would have arisen with regular data backup.
13.1 Both parties agree to keep confidential all confidential information obtained in the course of the collaboration and to use it only for the purposes of this contract.
13.2 This obligation shall continue after termination of the contract.
14.1 Neither party shall be liable for delays or non-performance due to circumstances beyond its reasonable control (force majeure), including natural disasters, war, terrorism, pandemics, strikes, or failure of telecommunications networks.
15.1 DeepGrow reserves the right to amend these T&C with reasonable advance notice (at least 4 weeks).
15.2 If the Customer does not object to the amendments within 4 weeks of receiving notice, the amendments shall be deemed accepted. This consequence will be noted in the amendment notice.
16.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is St. Gallen, Switzerland.
16.3 Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected.
16.4 Amendments and supplements to this contract require written form. This also applies to the waiver of this written form requirement.
For questions about these T&C, please contact us at:
DeepGrow AG
Altenrhein (SG), Switzerland
Email: legal@deepgrow.ai
Website: https://deepgrow.ai
