1. Scope
1.1 These General Terms and Conditions (Terms) govern the use of MySpace. MySpace is software provided over the internet (software as a service). A virtual AI team takes on marketing and back-office tasks. It consists of the assistants Ava, Mia, Nora, Sam and Butler.
1.2 The provider is matd ag, Sonnmattstrasse 11, 9532 Rickenbach TG, Switzerland, UID CHE-152.170.242, VAT no. CHE-152.170.242 MWST, registered in the commercial register of the Canton of Thurgau. Contact: marcel.kuhn@matd.ch. Hereinafter "we".
1.3 The customer is whoever opens an account for MySpace, hereinafter "you". The customer acts as a business, i.e. as a sole proprietor, self-employed person or company, in the course of their professional or commercial activity.
1.4 By ticking the box when signing up, you accept these Terms. Deviating terms of the customer do not apply.
2. Account, company and roles
2.1 You need an account with a valid email address. Signing in with a Google account is also possible. Your details must be correct.
2.2 Each account belongs to a company in the product. Whoever opens the company is its owner. The owner can invite further people, for example an employee with the role "campaign manager". The owner is responsible for everyone they invite as for themselves.
2.3 Keep your login details secret. If you suspect misuse, tell us immediately.
3. Services
3.1 MySpace offers tools with which AI assistants draft content and prepare tasks. This includes texts, images, videos and voice recordings, draft replies to emails, research, reports and posts for your own channels. The pricing page and the product show which features are available. They change continuously. We do not reduce the core of the services without notice (section 14).
3.2 Nothing goes out without your approval. The AI assistants write drafts. A post is published and an email is sent only when you, or a person you have authorised, clicks "Approve" or "Send". If you set up automatic publishing for a channel yourself (standing order), this setting counts as your approval for all content covered by that order. You can switch the standing order off at any time.
3.3 For MySpace to publish on your channels or read your mailbox, you connect your own accounts yourself, for example Instagram, Facebook, LinkedIn, TikTok, YouTube or Microsoft 365. The terms of the respective platform apply to these accounts. You can disconnect them at any time.
3.4 Drafts you do not approve are deleted automatically after a period you can set (default 14 days).
4. Subscription and trial
| MySpace | |
|---|---|
| Price | CHF 39 per month, VAT included (launch price) |
| AI budget per month | CHF 15 (CHF 10 during the trial) |
| Seats | 2 |
| Term | one month, renews by one month at a time |
| Cancellation | any time, at the end of the current period or of the trial |
4.1 The launch price of CHF 39 per month applies to the first 100 paying customers and is guaranteed to them for 12 months. After that, the subscription costs CHF 49 per month, VAT included, for new customers. There is no annual price and there are no vouchers.
4.2 You try MySpace for 14 days. To do so, you add a card when you start. We charge nothing during the trial. If you cancel by the end of the trial, you incur no costs. Otherwise we automatically charge the price of the subscription after the 14 days. There is one trial per company and one trial per card.
4.3 You start the trial and the subscription in the product under "Settings → Account → Plan and subscription" or with the "Start free trial" button.
5. AI budget
5.1 Every piece of work by the AI assistants incurs costs with the AI providers, for example for a text, an image, a video or a voice recording. We deduct these costs from the AI budget: CHF 10 during the trial, then CHF 15 per month. You can see your usage in the product.
5.2 Once the budget is used up, no new paid AI tasks start until the beginning of the next month (during the trial: until it ends). A task that is already running is completed. Usage may then slightly exceed the budget. We do not charge you for this excess.
5.3 Unused budget expires at the end of the month. It is neither carried over nor paid out.
5.4 The AI budget is a usage ceiling. It is not a credit balance. What a single task costs depends on the AI providers' prices and may change.
5.5 If MySpace temporarily cannot determine usage, tasks continue. This does not result in additional costs for you.
6. Prices, payment and renewal
6.1 All prices are in Swiss francs (CHF). They include VAT (currently 8.1%).
6.2 Payment is processed by the payment service Stripe. Payment methods are those offered at checkout. We charge the price in advance at the beginning of each period. You find the invoice in the customer portal.
6.3 The subscription renews automatically every month for a further month until you cancel it. The first charge takes place after the trial ends.
6.4 In the customer portal you can cancel your subscription, change your payment method and download your invoices. You reach it under "Settings → Account → Plan and subscription → Manage subscription".
7. Cancellation
7.1 You can cancel monthly, at the end of the current period, or at any time during the trial. You can do so in the customer portal. Your subscription remains active until the end of the period. After that, it is paused (section 8). We do not refund partial periods.
7.2 You can end your account at any time. To do so, send us an email to marcel.kuhn@matd.ch.
7.3 We may terminate the contract with 30 days' notice to the end of a month. For good cause we may terminate without notice or suspend access, in particular in the event of a breach of section 9.
8. Pause and deletion
8.1 If a payment fails, Stripe informs you by email and tries again.
8.2 Your subscription is paused as soon as the trial ends without a successful charge, a payment fails, or you have cancelled and the period has expired. We inform you by email.
8.3 During the pause, your content remains readable for 30 days. AI tasks, publishing and changes are blocked. No automations run for your company.
8.4 As soon as the payment is received or you subscribe again, your company is active again immediately.
8.5 If no payment is made within 30 days after the pause begins, we permanently delete the company with all data. This also includes your uploaded files. We warn you by email 7 days in advance. We cancel open invoices; you owe nothing for the pause.
9. Customer obligations
9.1 Approval. Before approving content, check it for accuracy, lawfulness and tone. By approving it, you make the content your own. You are responsible for content that is published or sent.
9.2 Rights to your content. You only upload content for which you hold the necessary rights. This applies to texts, photos, videos, logos, voice recordings and images of people. If an image or video shows a person, or their voice can be heard, you need their consent. This applies in particular if an AI avatar or an AI voice is to be created from it.
9.3 No unlawful content. Content or uses that violate laws or the rights of third parties are prohibited. Examples are defamation, copyright infringement, misleading advertising and spam. Mass emails or messages to people without their consent are also prohibited (Art. 3 para. 1 lit. o Swiss UCA). It is also prohibited to imitate a person who has not consented.
9.4 Own channels and accounts. You only connect accounts that belong to you or for which you are authorised. You comply with the rules of the respective platform. If a platform blocks an account or changes its interface, we are not responsible for that.
9.5 Labelling. Where the law or a platform's rules require it, you keep AI-generated content labelled (section 10.3).
9.6 Third-party data. If you process personal data of third parties in the product, you are the controller. This applies, for example, to emails, contacts, comments, customer lists and images or voices of people. You need a legal basis for this. We process this data on your behalf (section 13).
9.7 No circumvention. You do not circumvent technical limits (AI budget, access rights, captcha) and do not attack the product in an automated way. You do not resell access.
10. AI-generated content
10.1 The content produced by the AI assistants is created by machine using third-party models (see privacy policy). We do not guarantee that it is correct, complete, unique or legally unobjectionable. AI can make mistakes, invent facts or produce content similar to that of third parties.
10.2 To the extent we hold rights to the approved results, you receive a perpetual, worldwide right to use them for your business purposes. Whether copyright arises in an AI result at all is not legally settled in every country.
10.3 When MySpace publishes a post on a channel, it adds a notice that AI was involved. You cannot switch this notice off. It links to matd.ch/ki-transparenz. This serves transparency for AI-generated content (EU AI Act, Art. 50).
10.4 We do not use your content to train our own AI models. According to their terms, our AI providers do not use data from their interface (API) for training.
11. Availability and changes to the product
11.1 We strive for operation that is as uninterrupted as possible. We do not guarantee any particular availability. Maintenance, disruptions at hosting, AI or platform providers and force majeure may restrict use.
11.2 We develop MySpace continuously. Features may be added, changed or removed. If an essential feature of the subscription is removed, we inform you in advance. You can then cancel at the end of the current period.
11.3 Features that rely on third-party interfaces depend on those third parties. Examples are publishing on platforms, the mailbox, avatar videos and voices.
12. Liability
12.1 For damage we cause intentionally or through gross negligence, we are liable in accordance with the law.
12.2 To the extent permitted by law, we are not liable for slight negligence. To the extent permitted by law, our liability is in any case limited to the amounts you paid us in the 12 months before the damaging event. We are not liable for indirect and consequential damage, lost profit, data loss where you have not kept your own backup, or damage resulting from content you have approved.
12.3 We are not liable for actions of platforms and services you have connected yourself, nor for the accuracy of AI results (section 10.1).
12.4 If third parties make claims against us because of content you uploaded or approved, you indemnify us against them. This applies to claims for infringement of rights, laws or platform rules.
13. Data protection and data processing
13.1 How we process personal data is set out in the privacy policy for MySpace at matd.ch/datenschutz.
13.2 If you process personal data of third parties in the product (section 9.6), we do so as your processor. The basis is Art. 9 Swiss FADP and, where applicable, Art. 28 GDPR. The data processing agreement (DPA) annexed to these Terms applies. By accepting the Terms you also conclude the DPA.
14. Changes to these Terms
14.1 We may change these Terms. We notify you of changes by email or in the product at least 30 days before they take effect.
14.2 If you do not object before they take effect, the new Terms are deemed accepted. We point this out in the notice. If you object, you can terminate as of the date they take effect.
14.3 Price changes apply at the earliest from the next period after the notice.
15. Applicable law and place of jurisdiction
15.1 Swiss law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law are excluded.
15.2 The place of jurisdiction is the registered office of matd ag in Rickenbach TG, unless mandatory law provides otherwise.
15.3 If a provision is invalid, the remaining provisions remain valid.