Effective Date: 1 August 2026

Last Updated: 20 July 2026

Document ID: GTC-V1-2026

IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THE PLATFORM

These General Terms and Conditions ("GTC") govern the use of the Pollenn platform operated by In-Finitude AG. By creating an account, accessing, or using the Platform, you agree to be bound by these GTC, including the Privacy Policy. Additional terms may apply through a Subscription Agreement between your Organisation and In-Finitude AG, and through Bilateral Agreements executed between Organisations. If you do not agree to these GTC, do not use the Platform.

1. Parties and Definitions

1.1 Platform Operator

These GTC are between you ("User", "you") and In-Finitude AG, a company incorporated under the laws of Switzerland, with its registered office in Herrliberg, Switzerland (UID: CHE-100.692.214) ("In-Finitude", "Company", "we", "us").

1.2 Key Definitions

Term	Definition
Platform	The Pollenn web and mobile application, including all services, APIs, and features operated by In-Finitude AG.
Free Services	Platform features available to all registered Users at no cost, including environmental observation recording, AI-assisted species identification, photo and voice-to-data capture, offline mobile synchronisation, and community group participation.
Subscription Services	Platform features available to Organisations under a Subscription Agreement, including managed projects, task assignment, compliance tools, operational analytics, API access, spatial analysis, and data services.
Subscription Agreement	A separate agreement between an Organisation and In-Finitude AG, executed by the Organisation's authorised representative, specifying the scope of Subscription Services, pricing, PPP band, user seat limits, project limits, and other commercial terms.
Organisation	A legal entity (company, canton, NGO, research institution, or individual) registered on the Platform that owns programs and holds database rights over its data.
Program	A governance unit within an Organisation that defines member pools, data governance defaults, and feature entitlements for its projects.
Project	An operational unit within a Program where work occurs — geographic maps, research activities, IoT streams, or task boards.
Observation	An environmental data record created by a User, including species identification, geolocation, photographs, and metadata.
Content	All data, text, images, audio, and other material submitted to the Platform by Users.
CC License	A Creative Commons public license applied to published Observations (CC0, CC-BY 4.0, CC-BY-SA 4.0, or CC-BY-NC 4.0).
Bilateral Agreement	A data sharing contract (Nutzungsvertrag) between two named parties for purpose-limited, precision-specific data exchange.
Work Board	The optional job/task matching feature enabling Users to post and accept environmental fieldwork assignments within Projects.
Work Poster	A User who creates a job listing on the Work Board.
Work Applicant	A User who applies to a job listing on the Work Board.
Work Assignee	A Work Applicant whose application has been accepted by the Work Poster and who is responsible for performing the assignment.
PPP Band	A Purchasing Power Parity pricing band (A through E) assigned to an Organisation based on the country of its registered headquarters.
Personal Data	Any information relating to an identified or identifiable natural person, as defined under the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

2. Acceptance and Scope

2.1 Formation of Agreement — Individual Users

These GTC take effect when you:

• (a) create a User account on the Platform; or
• (b) access or use any Platform service (including as an anonymous visitor, to the extent these GTC apply to such use).

2.2 Formation of Agreement — Organisations

An Organisation becomes bound to these GTC and to the applicable Subscription Services when its authorised representative (the Organisation Owner) executes a Subscription Agreement with In-Finitude AG. The person executing the Subscription Agreement represents and warrants that they hold valid representation authority (Vertretungsmacht) to bind the Organisation under Art. 32 et seq. of the Swiss Code of Obligations or, in the case of public-law bodies (cantons, municipalities, federal entities), under the applicable cantonal or federal organisational law. For Swiss legal persons (AG, GmbH, Verein, Stiftung, Genossenschaft), In-Finitude AG will verify registered signatories via the commercial register (Zefix) before activation. For cantonal and communal entities, activation additionally requires written confirmation of the relevant internal competence and of any applicable spending-authority threshold (Finanzkompetenz). These GTC are incorporated into the Subscription Agreement by reference.

2.3 Capacity

You represent that you are at least 16 years of age. If you are between 16 and 18, you may use the Platform only with the consent of a parent or legal guardian. Users under 16 may not use the Platform.

2.4 Hierarchy of Terms

In the event of conflict between documents, the following hierarchy applies (higher prevails):

1. Bilateral Agreement — prevails for data sharing terms within its scope between the named parties.
2. Subscription Agreement — prevails for commercial terms between the Organisation and In-Finitude AG.
3. These GTC — govern all matters not specifically addressed by a higher-ranking document.
4. Privacy Policy — governs data protection matters; subject to these GTC for non-privacy matters.

This hierarchy follows the principle of lex specialis derogat legi generali: a more specific agreement prevails over a more general one for the matters it specifically addresses.

3. Platform Description

3.1 Services

The Platform provides an integrated environmental monitoring and data management system comprising:

(a) Free Services

Environmental observation recording, AI-assisted species identification, photo and voice-to-data capture, offline mobile synchronisation, and community group participation. Available to all registered Users at no cost. No paywall restricts data contribution. We reserve the right to introduce usage limits on specific Free Services features (such as AI species identification quotas) with reasonable notice.

(b) Subscription Services

Managed projects, task assignment and tracking, configurable workflows, compliance reporting, operational dashboards, GeoServer connections (WFS/WMS), REST API access, MCP server integration, spatial analysis, embeddable components, automated report generation, and specialised data services. The scope, tier, pricing, and limits of Subscription Services are specified in the Subscription Agreement between the Organisation and In-Finitude AG.

3.2 Organisational Hierarchy

The Platform operates on a three-level hierarchy:

• Organisation — the legal entity holding the subscription. Owns programs. Holds database rights over collected data. PPP band assigned by headquarters country.
• Program — the governance layer within an Organisation. Defines member pools, data governance defaults (publication license, visibility), and feature entitlements for its projects.
• Project — the operational layer where work occurs. Each project has its own team, visibility settings, content, and sharing configuration.

Governance cascades from Organisation through Program to Project. Data governance defaults set at a higher level apply to lower levels unless overridden within the permitted direction (see Section 8).

3.3 User Roles

Access to Platform features is governed by entity-scoped role-based access control. Roles are assigned at the Organisation, Program, or Project level, and the Platform's permission model determines access based on role assignments and entity hierarchy. Detailed role descriptions are available in the Platform documentation.

3.4 Platform as Facilitator

The Platform is a technical facilitator and data infrastructure service. In-Finitude AG is not a party to any agreement, transaction, or employment relationship between Users or between Organisations. The Platform does not supervise, direct, or control the work performance or methods of any User. We do not verify the qualifications, professional certifications, or competence of Users unless explicitly stated for a specific feature.

4. Account Registration and Security

4.1 Registration

To access most Platform features, you must create an account by providing accurate, current, and complete information. You agree to update this information as necessary.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us immediately of any unauthorised use.

4.3 One Account per Person

Each natural person may maintain only one User account. An individual may be associated with multiple Organisations through role assignments.

4.4 Organisational Account Management

Organisation Owners and Administrators may invite, manage, and remove Users within their Organisation in accordance with the Subscription Agreement. Removal of a User's role within an Organisation does not affect the User's personal account or their permanent Participant status on Projects to which they have contributed (see Section 7.3).

5. Subscription Terms and Pricing

5.1 Free Services

Free Services are available to all registered Users at no cost and with no credit card required. We reserve the right to modify the scope of Free Services with reasonable notice.

5.2 Subscription Services

Subscription Services are available to Organisations under a Subscription Agreement. The Subscription Agreement specifies the applicable tier, PPP band (where applicable), pricing, user seat limits, project limits, renewal terms, and other commercial conditions. PPP band assignment is based on the Organisation's registered headquarters country, at our sole discretion, and may be verified.

5.3 Special Programmes

We may offer discounted pricing for registered nonprofits, accredited academic institutions, and implementation partners. Eligibility criteria and discount terms are published separately and may change.

5.4 Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled at least 30 days before renewal. Upon cancellation, access to Subscription Services continues until the end of the current billing period. No partial refunds are provided for early cancellation, except as required by applicable law.

Consumer subscribers. For individual consumers (natural persons acting outside any professional or commercial activity), the following additional protections apply:

• (a) Renewal reminder. No later than 60 days before each automatic renewal, In-Finitude AG will send a renewal reminder by email to the User's registered email address, stating the renewal date, the price applicable to the new term, and a one-click cancellation link.
• (b) Extended cancellation window. If the renewal reminder is not sent, the User's right to cancel is automatically extended by 30 days beyond the renewal date, with full refund pro rata temporis.
• (c) No indefinite lock-in. The renewed term shall not exceed 12 months at a time.

These provisions implement Art. 8 of the Swiss Federal Act against Unfair Competition (UWG) and Art. 3(1) of Directive 93/13/EEC.

5.5 Price Changes

We may change subscription prices with at least 60 days' written notice before the next renewal date. If you do not accept the new pricing, you may cancel before the renewal date.

5.6 Taxes

All prices are exclusive of applicable taxes (VAT, sales tax, withholding tax). The Organisation is responsible for all taxes associated with its subscription, except for taxes based on our net income.

6. User Obligations

6.1 Lawful Use

You agree to use the Platform in compliance with all applicable laws, including environmental protection laws, data protection laws, employment laws, and health and safety regulations of your jurisdiction.

6.2 Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of all Content you submit. Environmental observations must be recorded honestly and to the best of your knowledge. Deliberately submitting false or fabricated data is a material breach of these GTC.

6.3 Field Safety

Environmental observation and fieldwork activities carry inherent risks. You acknowledge that you engage in all field activities at your own risk. You must prioritise personal safety over data collection or task completion. The Platform is not a substitute for emergency services.

6.4 Prohibited Conduct

You may not:

• (a) submit false, misleading, or fabricated environmental data;
• (b) use the Platform for activities that violate environmental protection laws or damage ecosystems;
• (c) harass, threaten, or abuse other Users;
• (d) access or attempt to access another User's account;
• (e) use automated tools (bots, scrapers) to access the Platform except through authorised API access under a valid Subscription Agreement;
• (f) reverse engineer, decompile, or disassemble the Platform software;
• (g) circumvent access controls, rate limits, or security measures;
• (h) use the Platform to engage in money laundering, fraud, or other illegal activity;
• (i) post work listings through the Work Board that involve illegal activities, environmental destruction, or false compensation promises;
• (j) redistribute API data in a manner that competes with the Platform or violates the terms of the applicable CC License or Bilateral Agreement.

7. Intellectual Property Rights

7.1 Three Layers of Rights

The Platform recognises three distinct layers of intellectual property rights over environmental data:

(a) Authorship (Inalienable)

The person who creates an Observation is its author. Authorship is an inalienable moral right under Swiss Copyright Act (URG) Art. 6. It cannot be transferred, waived, or removed, even if the author leaves a Project, terminates their account, or the Organisation ceases to exist.

(b) Rights in the Collection (Organisation)

The Organisation that owns the Program under which Observations are created holds the rights in the *collection* of those Observations:

• Under Swiss law, the collection is protected as a collective work under Swiss Copyright Act (URG) Art. 4, to the extent the selection and arrangement of the constituent Observations show individual character. In addition, the Organisation enjoys protection against the unauthorised wholesale extraction or exploitation of the collection under Swiss Federal Act against Unfair Competition (UWG) Art. 5.
• For Organisations established in the European Economic Area (EEA), the sui generis database right under Directive 96/9/EC (Arts. 7–11), where applicable, vests in the party bearing the substantial investment in obtaining, verifying, or presenting the dataset — in most cases the Organisation. The sui generis database right is transferable under Art. 7(3) of the Directive and follows the Program when it migrates to a successor Organisation.

The scope and specific terms of the Organisation's rights in the collection — including the allocation of rights between the Organisation and any successor Organisation upon Program migration — are set out in the Subscription Agreement. Switzerland does not currently recognise an autonomous sui generis database right; Swiss-only Organisations rely on URG Art. 4 and UWG Art. 5 as set out above.

(c) Platform License (In-Finitude AG)

By submitting Content to the Platform, you grant In-Finitude AG a worldwide, non-exclusive, royalty-free, sublicensable license to:

• display, transmit, store, cache, and index your Content for Platform operation;
• aggregate and anonymise your Content for Platform analytics, service improvement, and reporting;
• transmit your Content to third parties in accordance with the data sharing configuration set by the applicable Organisation, Program, or Project (see Section 8).

This license is limited to what is necessary for Platform operation and the data sharing configurations you or your Organisation have authorised. It does not grant In-Finitude AG ownership of your Content. This license survives termination of your account only to the extent necessary for the following purposes:

• (i) honouring CC Licenses and Bilateral Agreements already in effect at the time of termination;
• (ii) compliance with statutory retention obligations (accounting under Swiss CO Art. 958f, tax, regulatory reporting);
• (iii) backup integrity for a defined period not exceeding 12 months;
• (iv) anonymised aggregate analytics already incorporated into research outputs or platform metrics.

All other rights granted under this license terminate upon termination of the User's account.

7.2 Permanent Observation Attributes

Every Observation carries five permanent, immutable attributes:

Attribute	What it records	Can it change?
Authorship	The User who created the Observation	No — inalienable (URG Art. 6)
Source	The Organisation, Program, and Project of creation	No — records original context
Provenance	How the Observation was created (verified user, visitor, API, import)	No — audit trail
Visibility	Current visibility level (project-only, program-wide, platform, public)	One-way only — can be promoted, never demoted
Publication License	The CC License under which a public Observation is released	One-way only — can become more permissive, never less

7.3 Permanent Participant Status

When a User contributes Observations to a Project, they acquire a permanent Participant role on that Project for data ownership and legal traceability purposes. This role persists even if the User's active role (Worker, Manager, etc.) is revoked. It ensures that authorship attribution and data provenance remain intact.

7.4 Platform Intellectual Property

The Platform software, user interface, design, documentation, logos, and trademarks are the exclusive property of In-Finitude AG, protected by Swiss and international intellectual property law. Nothing in these GTC grants you any right to use our trademarks, trade names, or branding without prior written consent.

7.5 AI-Generated Outputs

The Platform provides AI-assisted features including species identification, voice-to-data transcription, and natural language processing. AI-generated suggestions, identifications, and outputs are provided as aids to the User and do not constitute verified scientific determinations.

Authorship. Where a User exercises meaningful creative or selective control over an AI-assisted component of an Observation — including reviewing, correcting, selecting, or integrating the AI suggestion — the User is the author of the resulting contribution under applicable copyright law. Purely autonomous AI outputs that are integrated without such control are not claimed as copyright works by any party.

Transparency (EU AI Act). Where AI features interact with a natural person or generate content likely to be published, In-Finitude AG complies with the transparency obligations of Art. 50 of Regulation (EU) 2024/1689 (EU AI Act): the AI-assisted nature of the interaction is disclosed in the Platform interface, and AI-generated components of Observations are tagged with a provenance marker identifying their AI origin.

In-Finitude AG does not claim authorship or ownership over AI-assisted Observations and will not represent AI-generated components as human-authored.

7.6 AI Training

We may use Platform Content for training and improving AI models that power Platform features (such as species identification), subject to the following conditions:

• (a) Published Content. Use is permitted subject to any rights reservation expressed by the author or Organisation. A rights reservation may be expressed via the Organisation's data governance settings on the Platform, or via a machine-readable signal (robots.txt, the TDM Reservation Protocol (TDMRep), `ai.txt`, or equivalent). A reservation so expressed constitutes a rights reservation for the purposes of Art. 4(3) of EU Directive 2019/790 (DSM Directive) and Art. 53(1)(c) of Regulation (EU) 2024/1689 (EU AI Act).
• (b) Aggregated and anonymised Content. Use for AI training is permitted subject to the Organisation's opt-out in governance settings.
• (c) Identifiable personal data, private project data, and "Not published" Content. Use for AI training is permitted only with the explicit, informed, and revocable consent of the controlling Organisation and, where Art. 9 GDPR or Art. 5 let. c nFADP applies, of the data subject.
• (d) Scientific TDM exception. The statutory text and data mining exception for research organisations under Art. 3 of EU Directive 2019/790 / Art. 24d of the Swiss URG is not displaced by this Section. Where applicable, it operates regardless of any reservation expressed under (a).
• (e) GPAI provider obligations. Where In-Finitude AG acts as a provider of a general-purpose AI model within the meaning of the EU AI Act, it will publish a sufficiently detailed summary of training data sources in accordance with Art. 53(1)(d) of that Regulation.

Organisations may opt out of AI training data contribution at any time through their data governance settings.

8. Data Sharing and Publication

8.1 Publication Licenses

When a Project's visibility is set to "public", its Observations are published under a Creative Commons license configured at the Organisation, Program, or Project level. The Platform supports:

License	Permissions	Commercial Use	Attribution Required
CC0 (Public Domain)	Unrestricted use, modification, redistribution	Yes	No
CC-BY 4.0 (Attribution)	Use, modify, redistribute with credit	Yes	Yes
CC-BY-SA 4.0 (ShareAlike)	Use, modify, redistribute — derivatives under same license	Yes	Yes
CC-BY-NC 4.0 (NonCommercial)	Non-commercial use only with credit	No	Yes
Not Published	No public license — data remains within the Project or Program	N/A	N/A

One-Way Rule: Once an Observation has been published under a CC License, the license may only be changed to a more permissive license (e.g., CC-BY-NC to CC-BY to CC0), never to a less permissive one. This is because external consumers may have already obtained the data under the original terms.

8.2 Three Data Sharing Modes

The Platform supports three distinct modes of data sharing:

(a) Mode 1 — Broadcast Publication (CC License)

Observations published under a CC License are available to the world. This is an irrevocable, unilateral grant of rights. Published data may be synchronised to national biodiversity databases (InfoFlora, InfoFauna), opendata.swiss, and other external platforms in accordance with the applicable CC License.

(b) Mode 2 — Bilateral Agreement (Nutzungsvertrag)

Organisations may enter into bilateral data sharing agreements with named recipients (e.g., government agencies, research institutions, other Organisations on the Platform). Bilateral Agreements are per-recipient, purpose-limited, precision-specific, and may be time-bound and revocable per their terms. They are executed at the Organisation level by the Organisation Owner or Administrator. The Platform facilitates the technical delivery of data under Bilateral Agreements but is not a party to them.

(c) Mode 3 — Mandatory Regulatory Disclosure

Certain data may be subject to mandatory disclosure under applicable law (e.g., quarantine pest notification under EU/EPPO regulations, cantonal reporting obligations). These obligations exist by operation of law regardless of the Project's visibility settings. The Platform may facilitate compliance with such obligations but does not provide legal advice on regulatory requirements. Organisations are responsible for identifying and complying with their regulatory disclosure obligations.

8.3 Governance Cascade

Data sharing configuration follows a governance cascade from Organisation through Program to Project:

• Precision may only become more restrictive (lower resolution) at each lower level — never less restrictive.
• Scope may only become narrower at each lower level — never broader.
• A sharing channel disabled at a higher level in the hierarchy cannot be re-enabled at a lower level.

The Organisation Owner or Administrator is the ultimate authority on data sharing agreements. The Platform enforces the cascade technically, but Organisations are legally responsible for the sharing decisions made within their hierarchy. Operational configuration of the governance cascade is specified in the Subscription Agreement.

8.4 Spatial Precision

Observations are stored at their original recorded precision. When data is shared (via any mode), spatial precision may be downsampled as a view transform (e.g., exact GPS coordinates reduced to 1x1 km grid, 5x5 km grid, or municipality centroid) according to the sharing channel configuration. The original precision is preserved internally and is never degraded in storage.

8.5 Sensitive Species

Observations of sensitive, endangered, or protected species may be subject to automatic coordinate protection as required by national data governance frameworks (e.g., InfoSpecies guidelines). Such protections are applied automatically and cannot be overridden by individual Users.

9. Work Board

9.1 Description and Scope

The Work Board is an optional information service enabling Users to publish and discover assignment-based fieldwork opportunities — project assignments, mandates (*Auftrag* under Art. 394 ff. CO), works contracts (*Werkvertrag* under Art. 363 ff. CO), volunteer tasks, and time-limited observation missions — within Projects where the feature is enabled.

The Work Board is not designed for, and shall not be used for, the conclusion of employment contracts (*Arbeitsverträge* within the meaning of Art. 319 ff. CO). Users intending to engage another User as an employee must do so outside the Platform and through separate instruments. This scope limitation places the Work Board outside the scope of Art. 2(1) of the Swiss Federal Act on Recruitment and Hiring of Employees (AVG/LSE), which applies only to activities directed at the conclusion of employment contracts.

9.2 No Employment Relationship and No Labour Intermediation

In-Finitude AG is not an employer, staffing agency, recruiter, or labour intermediary (*Arbeitsvermittler*) within the meaning of Art. 2 of the Swiss Federal Act on Recruitment and Hiring of Employees (AVG/LSE). Specifically, In-Finitude AG:

• (a) does not bring Users together with a view to the conclusion of employment contracts;
• (b) does not receive remuneration linked to matches, postings, acceptances, or work outcomes — Pollenn fees are flat subscription fees for the use of the Platform software and are not tied to Work Board activity;
• (c) does not curate, rank, or editorially moderate postings or applicants;
• (d) does not verify, certify, or endorse Users or their qualifications, except where explicitly stated for a specific feature;
• (e) exercises no direction or control over work performance, methods, schedules, pricing, or results.

All work relationships, terms, compensation, qualification requirements, insurance, tax, and social-insurance obligations are established directly between the Users involved.

9.3 Payment Non-Involvement

The Platform does not process, hold, escrow, or guarantee any payments between Users. All financial arrangements — including pricing, invoicing, payment method, and tax compliance — are strictly between the parties. Currency amounts displayed on the Platform are for informational purposes only.

9.4 User Responsibilities

• Work Posters are responsible for accurately describing tasks, compensation, and requirements; ensuring that the listing complies with the employment, health, and safety laws of the jurisdiction where the work will be performed; and verifying that prospective Assignees hold the qualifications, permits, and insurance the work requires before accepting an application.
• Work Applicants are responsible for accurately representing their qualifications, availability, and any required certifications when applying. An Applicant has no execution obligations until and unless their application is accepted.
• Work Assignees are responsible for completing the accepted work safely, professionally, and in compliance with applicable law; for managing their own tax, social insurance, and work-permit obligations; and for promptly notifying the Work Poster if circumstances arise that prevent safe or lawful completion.

9.5 Organisations Operating a Work Board

Where an Organisation enables the Work Board within one or more of its Programs or Projects, the following applies in addition to the general obligations of Organisations under these GTC.

(a) Activation, scope, and access. The Organisation determines, through its data governance settings, whether the Work Board is enabled within a given Program or Project, which of its members may post listings, and which of its members may view listings, applications, and assignments and communicate with Posters, Applicants, and Assignees on Work Boards within its Programs (including with Users from outside the Organisation who interact with those Boards). In-Finitude AG provides the technical infrastructure; configuration and use are at the Organisation's discretion and risk.

(b) Moderation duty. The Organisation is responsible for the listings posted under its Programs and for the conduct of its members on the Work Board. This includes removing or correcting listings that are unlawful, fraudulent, misleading, or outside the Program's purpose, and taking timely action against members who misuse the feature. In-Finitude AG may, but is not obliged to, remove listings that violate these GTC.

(c) Labour, social-security, and safety compliance. The Organisation is solely responsible for ensuring that the use of the Work Board within its Programs complies with the laws of the jurisdiction where the work is to be performed, including (without limitation) Art. 319 ff. CO (employment), the Federal Act on Recruitment and Hiring of Employees (AVG/LSE), the Federal Old-Age and Survivors' Insurance Act (AHVG), the Federal Occupational Pensions Act (BVG), the Federal Accident Insurance Act (UVG), Art. 21a of the Federal Foreign Nationals and Integration Act (AIG, *Stellenmeldepflicht*) where applicable, and any applicable collective labour agreement (*Gesamtarbeitsvertrag*, GAV). Where the Stellenmeldepflicht applies to an Organisation's activity, the Organisation shall fulfil that obligation independently of the Platform; In-Finitude AG does not and cannot satisfy the Stellenmeldepflicht on the Organisation's behalf. The Organisation acknowledges that In-Finitude AG provides no legal advice and gives no warranty regarding such compliance.

(d) Assignment-only scope. Organisations shall use the Work Board solely to publish assignment-based fieldwork opportunities (mandates, project tasks, works contracts, volunteer missions). Organisations shall not post openings that are in substance employment positions, shall not use the Work Board to recruit staff, and shall not structure an ongoing subordination relationship through repeated postings to the same User. Organisations are solely responsible for the correct legal characterisation of each posting.

(e) Attribution of postings. A listing posted by a member of an Organisation through a Program-enabled Work Board is attributable to the Organisation for the purposes of the obligations under this Section 9.5, even where the individual Poster is also personally responsible under Section 9.4. The Organisation and the Poster are jointly responsible for the accuracy and lawfulness of the listing.

(f) Data controller role. The Organisation is the data controller (or, where applicable, joint controller with In-Finitude AG) for Personal Data processed in connection with listings, applications, and assignments on Work Boards operated within its Programs, in accordance with Section 11.2.

(g) Indemnification. The Organisation indemnifies In-Finitude AG in accordance with Section 13 for any claims arising from listings, acceptances, or assignments on Work Boards operated within its Programs, including claims by Posters, Applicants, Assignees, public authorities, or third parties.

10. API and Data Services

10.1 API Access

Access to the Platform API is subject to a Subscription Agreement specifying query limits, rate limits, and permitted use. API credentials are personal to the subscribing Organisation and may not be shared with third parties except as permitted by the Subscription Agreement.

10.2 Permitted Use of API Data

Data obtained through the Platform API is subject to:

• the CC License applicable to the underlying data (for publicly licensed data);
• the terms of any Bilateral Agreement (for bilaterally shared data);
• the Subscription Agreement (for aggregated analytics, spatial analysis outputs, and reports).

You may not:

• (a) systematically extract or re-utilise a substantial part of the Platform database, evaluated quantitatively or qualitatively, in a manner that materially prejudices the investment in obtaining, verifying, or presenting the data (cf. CJEU C-203/02 *BHB v William Hill*; C-202/12 *Innoweb v Wegener*; C-762/19 *CV-Online Latvia v Melons*);
• (b) reconstruct Observations in a precision or scope that circumvents the data sharing governance framework set out in Section 8;
• (c) re-publish Observations under licence terms less permissive than their applicable CC License.

Nothing in this Section 10.2 restricts uses permitted by the applicable CC License once Content has been published thereunder, or uses permitted by Swiss or EU competition law (including Swiss Cartel Act Art. 5 and Art. 7).

10.3 MCP Server

(a) Scope. In-Finitude AG provides a Model Context Protocol (MCP) endpoint enabling authorised AI agents to interact with the Platform. Use of the MCP endpoint is subject to these GTC, the API terms in the applicable Subscription Agreement, and any MCP Agent Policy published by In-Finitude AG.

(b) Human principal accountability. Every MCP session must be initiated by, and attributable to, an identified human or legal-person principal holding a valid Subscription. The principal is legally responsible for all actions taken by the agent under their credentials, including actions taken autonomously on the principal's behalf. In-Finitude AG may require cryptographic attestation of the principal.

(c) Agent identification. Agents must transmit a stable agent identifier, the model and version string, and the identity of the principal in each request. Spoofing, omission, or rotation of these identifiers to evade rate limits or audit is a material breach.

(d) Rate limits and fair use. Rate limits are specified in the Subscription Agreement. Automated circumvention of those limits — whether by parallel sessions, credential rotation, MCP-to-REST bridging, or otherwise — is prohibited.

(e) Prohibited agent behaviour. Agents may not:

• (i) exfiltrate Content beyond the scope authorised for the principal;
• (ii) use Platform outputs to train, fine-tune, or evaluate AI models except as permitted under Section 7.6;
• (iii) inject Platform data into third-party systems in a manner that violates the data sharing cascade (Section 8.3);
• (iv) execute prompt-injection, tool-confusion, or credential-harvesting attacks against the MCP server, other agents, or other Users.

(f) Logging and audit. In-Finitude AG logs MCP sessions for security and abuse-detection purposes and may suspend agents or principals on suspicion of abuse without prior notice. Logs are retained in accordance with the Privacy Policy.

(g) Liability. The principal indemnifies In-Finitude AG for any claim arising from their agent's actions on the MCP endpoint. In-Finitude AG disclaims any warranty that MCP outputs are suitable for autonomous decision-making; downstream systems must include human oversight consistent with Arts. 14 and 50 of Regulation (EU) 2024/1689 (EU AI Act) where applicable.

10.4 Service Level

API availability targets, support response times, and embeddable component terms are specified in the Subscription Agreement.

11. Privacy and Data Protection

11.1 Governing Law

The processing of Personal Data is governed by the Swiss Federal Act on Data Protection (FADP; SR 235.1) and its implementing ordinance (DPO; SR 235.11). For Users located in the European Economic Area (EEA) or the United Kingdom, the General Data Protection Regulation (GDPR; Regulation (EU) 2016/679) and applicable national implementations also apply. Where the FADP and GDPR impose different requirements, we apply the more protective standard.

11.2 Data Controller

In-Finitude AG is the data controller for Personal Data processed in connection with Platform operation and account management. Organisations are independent controllers (or, where applicable, joint controllers with In-Finitude AG) for Personal Data processed within their Programs and Projects, including Work Board listings, applications, and assignments operated within their Programs (see Section 9.5(f)). For communications between Users (see Section 11.4), the identity of the data controller depends on the context: In-Finitude AG is the controller for platform-level communications; the Organisation is the controller for communications within its Projects and Programs.

11.3 Legal Bases for Processing

We process Personal Data on the following legal bases:

• Contract performance (FADP Art. 31 para. 2 let. a / GDPR Art. 6(1)(b)): to provide the Platform, manage accounts, and deliver subscriptions.
• Legitimate interest (FADP Art. 31 para. 1 / GDPR Art. 6(1)(f)): for Platform security, fraud prevention, analytics, and service improvement.
• Consent (FADP Art. 6 para. 6 / GDPR Art. 6(1)(a)): for optional features, marketing communications, and AI training data contribution where consent is required.
• Legal obligation (FADP Art. 31 para. 2 let. b / GDPR Art. 6(1)(c)): for regulatory reporting and law enforcement requests.

11.4 Personal Data We Process

• Account information (name, email, organisation affiliation)
• Environmental observation data and uploaded content (including photographs and geolocation)
• Platform usage data (access logs, feature usage, device information)
• Communication data (project chat, team communication, Work Board coordination, support requests)
• Subscription and billing data
• AI interaction data (species identification queries, voice inputs)

11.5 Your Rights

Under the FADP and, where applicable, the GDPR, you have the right to:

• access your Personal Data;
• rectify inaccurate data;
• request deletion of your data (subject to legal retention obligations and the permanence of Observation attributes described in Section 7.2);
• restrict or object to processing;
• data portability (receive your data in a structured, machine-readable format);
• withdraw consent at any time (without affecting the lawfulness of prior processing);
• lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or, for EEA users, the competent supervisory authority.

11.6 Data Retention

Data Category	Retention Period
Account information	Duration of account + 10 years (Swiss CO Art. 958f — commercial record-keeping)
Environmental observations	Indefinite (scientific archival purpose); authorship and source metadata are permanent
Messages and communications	2 years from last message, or until deletion requested
Platform usage logs	12 months
Subscription and billing data	Duration of subscription + 10 years (commercial record-keeping)

Deletion of your account does not delete Observations you have authored if they have been published under a CC License or shared under a Bilateral Agreement, as this data is subject to irrevocable licenses or contractual obligations. Your authorship attribution persists permanently (Section 7.2). We will anonymise your account information upon deletion to the extent permitted by our legal retention obligations.

11.7 Cross-Border Data Transfers

The Platform is operated from Switzerland. Switzerland has been recognised by the European Commission as providing an adequate level of data protection. For transfers to countries without an adequacy decision, we rely on Standard Contractual Clauses (SCCs) with the Swiss-specific amendments, or other appropriate safeguards as required by the FADP and GDPR. For transfers to the United States, we may additionally rely on the Swiss-US Data Privacy Framework (in effect since August 2024).

11.8 Data Breach Notification

In the event of a personal data breach that is likely to result in a high risk to your rights, we will notify the FDPIC as quickly as possible (FADP Art. 24) and, where required by the GDPR, the competent supervisory authority within 72 hours. We will inform affected Users without undue delay where the breach is likely to result in a high risk to their rights and freedoms.

11.9 Privacy Policy

Full details of our data processing practices are set out in our separate Privacy Policy, which forms part of these GTC.

12. Liability

12.1 Liability Framework

This section is subject to Swiss Code of Obligations (CO) Art. 100 para. 1. Nothing in these GTC excludes or limits liability for damage caused by unlawful intent (*Vorsatz*) or gross negligence (*grobe Fahrlässigkeit*). Any provision purporting to do so would be void under Swiss law. This reservation applies equally to the acts and omissions of In-Finitude AG's directors, officers, employees, agents, and sub-processors acting within the scope of their duties (CO Art. 101 para. 2).

12.2 Limitation of Liability for Minor and Medium Negligence

To the maximum extent permitted by Swiss law, In-Finitude AG's aggregate liability for all claims arising under or in connection with these GTC — whether in contract, tort, or otherwise — is limited to:

• For Free Services users: CHF 500, or the amount of any fees paid by the User during the 12 months preceding the event giving rise to the claim, whichever is higher.
• For subscribers: The total subscription fees paid by the Organisation in the 12 months preceding the event giving rise to the claim.

The limitations in this Section 12.2 do not apply to:

• (i) liability for unlawful intent or gross negligence (Section 12.1 / CO Art. 100 para. 1);
• (ii) liability for death or personal injury;
• (iii) any liability under mandatory Swiss consumer protection law, including Art. 8 UWG;
• (iv) any liability under the Swiss FADP or the EU GDPR;
• (v) any liability that cannot lawfully be excluded.

Essential basis of bargain. The Parties acknowledge that the limitations in this Section reflect a deliberate allocation of risk that is an essential basis of the bargain between them, taking into account the fees (or absence thereof) payable for the Platform.

12.3 Exclusion of Consequential Damages

To the maximum extent permitted by Swiss law, In-Finitude AG is not liable for:

• loss of profit, revenue, or anticipated savings;
• loss of data (except Personal Data, subject to data protection law);
• loss of business opportunity;
• indirect, incidental, special, or consequential damages;

arising from use of or inability to use the Platform.

Consumer carve-out. Nothing in this Section 12.3 limits any liability of In-Finitude AG towards consumers resident in Switzerland, the EEA, or the United Kingdom to the extent such liability cannot be excluded under mandatory law, including CO Art. 100 para. 1, CO Art. 101 para. 2, UWG Art. 8, Directive 93/13/EEC, or equivalent national implementing provisions.

12.4 Specific Disclaimers

(a) Data Accuracy

The Platform provides tools for environmental data recording but does not guarantee the accuracy, completeness, or reliability of any Observation, species identification (including AI-assisted identifications), or other Content submitted by Users. All environmental data is provided on an "as is" and "as available" basis.

(b) AI Features

AI-assisted species identification, voice-to-data transcription, and other AI features are probabilistic tools provided as aids. They may produce incorrect results. In-Finitude AG is not liable for decisions made based on AI outputs. Users must exercise independent judgment and, where appropriate, consult qualified experts. Where AI features interact with a natural person or generate content likely to be published, In-Finitude AG complies with the transparency obligations of Art. 50 of Regulation (EU) 2024/1689 (EU AI Act) by disclosing the AI-assisted nature of the interaction in the Platform interface and by labelling AI-generated content as set out in Section 7.5.

(c) Third-Party Services

The Platform integrates with third-party services (WFS/WMS endpoints, national biodiversity databases, payment processors, mapping providers). We are not liable for the availability, accuracy, or performance of third-party services. For sub-processors that In-Finitude AG itself selected and engaged (e.g., its own payment provider, hosting provider), In-Finitude AG retains the duty of careful selection under CO Art. 101 para. 2; for third-party endpoints that the User or the User's Organisation chose to integrate, no such residual duty applies.

(d) User Transactions

We are not liable for the performance, quality, safety, legality, or outcome of any transaction, job, assignment, or agreement between Users or between Organisations facilitated through the Platform, including the Work Board. This disclaimer does not affect In-Finitude AG's obligations under Section 14 (Reports, Moderation, and Enforcement) or under Regulation (EU) 2022/2065 (Digital Services Act), including Art. 14 para. 4, Art. 16, Art. 17, and Art. 20 thereof, to the extent applicable.

12.5 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, government action, power failures, and a prolonged failure of upstream internet backbone infrastructure or of a critical third-party service where the failure is itself caused by an event of force majeure affecting that provider. Ordinary internet connectivity disruptions and routine third-party service outages are not events of force majeure.

13. Indemnification

Consumer carve-out. This Section 13 does not apply to individual consumers acting outside any professional or commercial activity within the meaning of UWG Art. 8.

Organisations and professional Users. You agree to indemnify, defend, and hold harmless In-Finitude AG, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• (a) your breach of these GTC;
• (b) your Content or its use by third parties under the CC License or Bilateral Agreement you or your Organisation authorised;
• (c) your environmental observation, fieldwork, or Work Board activities;
• (d) your violation of any applicable law or third-party rights;
• (e) your Organisation's data sharing decisions.

Reciprocal IP indemnity. In-Finitude AG shall indemnify the Organisation for third-party claims that the Platform software, as delivered and used in accordance with these GTC, infringes the intellectual-property rights of a third party. This indemnity is subject to (i) prompt written notice of the claim, (ii) In-Finitude AG having sole control of the defence, and (iii) the Organisation's reasonable cooperation.

General carve-out. No indemnification obligation under this Section applies to the extent that the claim arises from In-Finitude AG's own unlawful intent or gross negligence (CO Art. 100 para. 1).

14. Reports, Moderation, and Enforcement

14.1 Scope

This Section applies to all Content and conduct on the Platform, regardless of:

• (a) Visibility — Content in private Projects, restricted-access Projects, public Projects, and Platform-wide areas is equally subject to this Section.
• (b) Type — Observations, photographs, audio, project descriptions, profile information, Work Board listings and applications, chat and other communications, and any other User-submitted material.
• (c) Operator — areas operated directly by In-Finitude AG (community spaces, platform-level chat, support channels) and areas operated by Organisations within their Programs and Projects (including Work Boards under Section 9.5).
• (d) Module — current Platform features and any future features that allow Users to create, share, or exchange Content, including future chat, messaging, community, and collaboration modules. This Section extends automatically to such features upon their introduction without requiring amendment of these GTC.

14.2 Reporting

Any User may report Content or conduct that they believe violates these GTC, applicable law, or the rules of the Program or Project in which the Content was created. Reports may be submitted through the Platform's reporting tools.

(a) Routing. Reports concerning Content or conduct within an Organisation's Programs or Projects are directed to the responsible Organisation as a first instance, with In-Finitude AG receiving reports concerning Platform-wide areas, conduct outside any specific Program, or matters escalated from an Organisation. In-Finitude AG may at any time act directly on a report concerning any Content on the Platform.

(b) Good faith. Reports made in good faith are protected. Deliberately false or malicious reports are themselves a violation of these GTC and may result in moderation action against the reporter. A User who submits a report in good faith is not liable to the reported User for the mere fact of reporting, provided the report was based on a genuine belief that a violation had occurred or was reasonably suspected.

(c) Reporter confidentiality. The identity of a reporter is treated as confidential and is not disclosed to the reported User except where required by law, court order, or to enable the reported User to defend against a serious allegation.

14.3 Moderation Authority

(a) In-Finitude AG. In-Finitude AG holds platform-wide moderation authority over all Content and conduct on the Platform. It may act on any report, on its own observation, or on any other lawful basis, in any area of the Platform, against any User, regardless of whether the area is operated directly by In-Finitude AG or by an Organisation.

(b) Organisations. Organisations hold moderation authority over Content and conduct within their own Programs and Projects, including private and public Projects and any Work Board operated under Section 9.5. An Organisation's moderation actions affect only the User's standing within that Organisation's scope and do not affect the User's standing in other Organisations or platform-wide. Organisations may escalate matters to In-Finitude AG where the conduct extends beyond their scope.

14.4 Moderation Actions

The following actions are available to In-Finitude AG (platform-wide) and to Organisations (within their scope), to be applied proportionately to the seriousness of the violation:

• (a) Warning — formal notice to the User that specific conduct violates the GTC or applicable rules.
• (b) Content removal, redaction, or visibility downgrade — removal of the offending Content, redaction of specific elements, or restriction of its visibility. The effect of removal on Content already published under a Creative Commons License or shared under a Bilateral Agreement is set out in Section 14.4.1 below.
• (c) Feature restriction — temporary or permanent restriction on the User's ability to use specific features (e.g., posting Work Board listings, submitting Observations to a particular Project, sending chat messages).
• (d) Suspension — temporary suspension of the User's access to a specific Project, Program, Organisation, or — by In-Finitude AG only — to the Platform as a whole.
• (e) Permanent ban — permanent exclusion of the User from a specific Project, Program, Organisation, or — by In-Finitude AG only — from the Platform.
• (f) Account termination — termination of the User's account by In-Finitude AG, in accordance with Section 15.

14.4.1 Effect of removal on published or shared Content

Where Content has been published under a Creative Commons License (CC0, CC-BY 4.0, CC-BY-SA 4.0, or CC-BY-NC 4.0), the applicable CC License is, by its terms, irrevocable for the duration of copyright (CC 4.0 §§ 2(a)(1) and 6(a)(3); for CC0, see CC0 §2). Accordingly:

• (i) In-Finitude AG may remove such Content from the Pollenn systems at its discretion under this Section 14.4, but such removal does not constitute revocation of the CC License and does not withdraw, limit or affect any rights already granted to third parties who have obtained a copy of the Content under that License, whether directly from the Platform or through any authorised onward distribution (for example, InfoFlora, InfoFauna, opendata.swiss, or GBIF).
• (ii) Removal from the Platform operates only on the copies held within the Platform's own systems. In-Finitude AG has no ability, and assumes no obligation, to recall, delete, or modify copies held by third parties under a CC License already granted.
• (iii) Where Content is subject to a Bilateral Agreement (Nutzungsvertrag), removal from the Platform does not of itself terminate that Agreement; termination, if any, is governed by the Bilateral Agreement's own terms.
• (iv) CC0 Content is subject to the additional waiver language of CC0 §2 and cannot be recalled under any circumstances.

14.5 Content and Communications Review

To investigate a report or to enforce these GTC, In-Finitude AG and the responsible Organisation may review Content and Communications within the scope of Section 14.1, to the extent necessary and proportionate to the matter under investigation. Such review:

(a) Reactive only. Is conducted reactively, in response to a report, an incident, or a concrete suspicion. Neither In-Finitude AG nor any Organisation conducts general or proactive monitoring of User Content or Communications under these GTC. Automated detection is used only where required by law (for example, child sexual abuse material).

(b) Scope and necessity. Visibility settings of a Project (public, restricted, or private) limit who may view or edit the Content but do not exempt the Content from reactive review by In-Finitude AG or by the Organisation operating the Project, where and only to the extent strictly necessary to (i) investigate a specific report or complaint concerning that Content, (ii) comply with a legal or regulatory obligation binding on In-Finitude AG or the Organisation, or (iii) protect the rights, safety, or property of users or third parties. Review will be limited to the Content identified in the report and directly related material, will be carried out by authorised personnel only, and will be logged. The User will be informed of the review where this does not compromise the investigation or violate legal duties.

(c) Privacy basis. Such review is conducted as a processing activity under the Trust and Safety purpose described in the Privacy Policy, on the basis of overriding legitimate interest under Swiss FADP Art. 31 para. 1 and Art. 31 para. 2 lit. c–d, and GDPR Art. 6(1)(f). The legitimate interests pursued are platform safety, enforcement of these GTC, compliance with legal obligations binding on In-Finitude AG or the Organisation, and the protection of the rights of users and third parties. Where the Content contains sensitive personal data within the meaning of Art. 5 let. c nFADP or Art. 9 GDPR, review and processing will only occur on one of the additional grounds set out in Art. 6 nFADP or Art. 9(2) GDPR.

14.6 Notice and Procedure

Where practicable, the User who is the subject of a moderation action receives:

• (a) notice of the action and a brief statement of the reason; and
• (b) an opportunity to respond before the action becomes final.

These requirements do not apply where notice or delay would prejudice an ongoing investigation, risk further harm to Users or third parties, contravene applicable law or a court order, or where the action is taken in response to an immediate safety risk. In such cases, notice is provided after the fact where lawful.

14.7 Appeal

A User who is the subject of a moderation action may appeal the action to the authority that took it: to the Organisation for Organisation-level actions, and to In-Finitude AG for platform-level actions. Appeals must be submitted within a reasonable time and shall be reviewed in good faith. The appeal process does not displace any rights the User may have under applicable law.

14.8 Good-Faith Immunity

Neither In-Finitude AG nor any Organisation, nor their respective directors, officers, employees, or agents, shall be liable to any User or third party for any moderation action — including warnings, content removal, restrictions, suspensions, or bans — taken in good faith on the basis of a report, an investigation, direct observation of conduct, or a reasonable belief that conduct contrary to these GTC, applicable law, or the rules of a Program or Project has occurred. For the purposes of this Section, an action is taken in good faith where the person deciding the action honestly believed, on the basis of the material reasonably available at the time, that the conduct complained of had occurred or was reasonably suspected.

The immunity under this Section 14.8 presupposes that, where practicable, the User has been afforded the notice and opportunity to respond described in Section 14.6 and the appeal described in Section 14.7. Where those procedural safeguards have not been offered and no exception under Section 14.6 applied, a User's rights to seek redress are unaffected by this Section.

This immunity does not apply, and nothing in these GTC limits liability, in cases of unlawful intent (*rechtswidrige Absicht*) or gross negligence (*grobe Fahrlässigkeit*) within the meaning of Art. 100(1) of the Swiss Code of Obligations, whether on the part of In-Finitude AG, the relevant Organisation, or any of their directors, officers, employees, or agents acting within the scope of their duties (Art. 101 CO).

Nothing in this Section limits (i) any mandatory right of the User under Swiss consumer protection law, including UWG Art. 8, (ii) any right of a data subject under the Swiss FADP or the EU GDPR, or (iii) any liability that cannot be excluded under Art. 100 CO.

15. Termination

15.1 User-Initiated Termination

You may terminate your account at any time through the Platform settings. Before termination, you may export your data using the Platform's data export functionality.

15.2 Organisation-Initiated Termination

An Organisation Owner may terminate the Organisation's subscription and account in accordance with the Subscription Agreement. Upon Organisation termination, all Programs and Projects within the Organisation are archived. Data subject to irrevocable CC Licenses or active Bilateral Agreements remains accessible as required by those commitments.

15.3 Platform-Initiated Termination

We may suspend or terminate your account if:

• (a) you materially breach these GTC;
• (b) your account is used for illegal activity;
• (c) continued provision of service to you would expose us to legal liability;
• (d) you fail to pay subscription fees after 30 days' written notice.

Except in cases of serious violations or safety concerns, we will provide at least 14 days' written notice before termination. You may appeal termination decisions through our support channels.

15.4 Effect of Termination

Upon termination:

• Access to Subscription Services ceases immediately (or at the end of the billing period for user-initiated cancellation).
• The Platform license (Section 7.1(c)) survives to the extent necessary to honour CC Licenses and Bilateral Agreements already in effect.
• Your authorship attribution on Observations persists permanently (Section 7.2).
• Your Permanent Participant status persists on Projects to which you contributed (Section 7.3).
• Sections 7 (Intellectual Property), 8 (Data Sharing), 11 (Privacy), 12 (Liability), 13 (Indemnification), 14 (Reports, Moderation, and Enforcement), 16 (Governing Law), and 17 (General Provisions) survive termination.

15.5 Data Portability

Before or after termination, you (or your Organisation) may request export of your Content in standard machine-readable formats (CSV, GeoJSON). We will provide this export within 30 days of a written request. Observations published under CC Licenses remain publicly available regardless of account status.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These GTC are governed by and construed in accordance with the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Swiss conflict-of-laws rules.

16.2 Jurisdiction

Subject to Section 16.3, and without prejudice to Art. 17 of the 2007 Lugano Convention and Art. 18(1) of Regulation (EU) No 1215/2012 (Brussels I bis), any dispute arising out of or in connection with these GTC shall be submitted to the exclusive jurisdiction of the ordinary courts of the City of Zurich, Switzerland.

16.3 Consumer Protection

These GTC do not restrict any mandatory consumer protection rights that apply to you under the laws of your country of residence. In particular:

• If you are a consumer domiciled in a State party to the Lugano Convention (EFTA/EU), you retain the right to bring proceedings in the courts of your domicile in accordance with Lugano Convention Art. 16, and you may only be sued in the courts of the State of your domicile in accordance with Art. 17(3) of that Convention.
• If you are a consumer in the EEA, you retain all mandatory rights under EU consumer protection directives, including the right to bring claims before the courts of your habitual residence; mandatory rules of your habitual residence apply in accordance with Art. 6(2) of Regulation (EC) No 593/2008 (Rome I).
• Mandatory provisions of the law of your country of habitual residence that would apply irrespective of the governing law chosen remain unaffected.

16.4 Multi-Tier Dispute Resolution (B2B Subscribers)

This Section 16.4 applies only to disputes between In-Finitude AG and Organisations or other professional Users. It does not apply to disputes involving individual consumers, who retain the standard conciliation proceedings under Swiss CPC Art. 197 in their full form.

(a) Good-faith negotiation. Before initiating any proceeding, a party must notify the other in writing of the dispute and the parties shall meet (in person or by video) within 30 days to seek resolution in good faith.

(b) Mediation. If the dispute is not resolved within 45 days of that notice, and the amount in dispute exceeds CHF 10,000, the parties shall submit the dispute to mediation under the Swiss Rules of Commercial Mediation of the Swiss Arbitration Centre. The mediation shall be seated in Zurich and conducted in English unless the parties agree otherwise.

(c) Procedural effect. Compliance with paragraphs (a) and (b) is a precondition to the admissibility of any court proceeding between the parties, save for: (i) applications for urgent interim or conservatory measures; (ii) actions against a consumer, for which the conciliation proceedings under Swiss CPC Art. 197 apply in their standard form; and (iii) matters falling within the exclusive jurisdiction of a commercial court under Swiss CPC Art. 6. If one party fails to comply with this Section, the other may apply for a stay of proceedings, in line with Federal Tribunal jurisprudence (BGE 142 III 296 / BGer 4A_628/2015).

17. General Provisions

17.1 Severability

If any provision of these GTC is found to be invalid, void, or unenforceable (including under Swiss UCA Art. 8 regarding unfair standard terms), the remaining provisions remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic purpose of the invalid provision.

17.2 Entire Agreement

These GTC, together with the Privacy Policy, any applicable Subscription Agreement, and any Bilateral Agreements executed through the Platform, constitute the entire agreement between you and In-Finitude AG regarding the Platform. They supersede all prior agreements, representations, and understandings relating to the Platform.

17.3 Amendments

We may amend these GTC by providing at least 30 days' written notice before the amendment takes effect. Notice will be provided by email and Platform notification. If you do not agree to an amendment, you may terminate your account before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the amended GTC.

Material changes require at least 60 days' notice and grant the User a right of extraordinary termination with refund pro rata temporis. A change is *material* if it:

• (a) increases a subscription price by more than the Swiss Consumer Price Index over the preceding 12 months;
• (b) reduces a core feature listed in the Service Description;
• (c) shortens any notice or cancellation period to the User's detriment;
• (d) enlarges the User's liability or indemnification duty;
• (e) modifies Sections 7, 8, 11, 12, 14, or 16; or
• (f) modifies pricing terms generally.

In case of doubt, a change is deemed material (*in dubio contra stipulatorem*).

17.4 Assignment

We may assign these GTC to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee assumes all obligations under these GTC. You may not assign your rights or obligations under these GTC without our prior written consent.

17.5 No Waiver

Our failure to enforce any provision of these GTC does not constitute a waiver of that provision or of our right to enforce it in the future.

17.6 Notices

Notices to you will be sent to the email address associated with your account. Notices to us must be sent to info(@)in-finitude.ch or by post to our registered office.

17.7 Language

These GTC are offered in English and, where available, in German, French, and Italian. The version corresponding to the language the User selected in the Platform interface at the time of acceptance is binding between the parties. In case of divergence between language versions, the language of the User's onboarding flow prevails. For Organisations that have signed a Subscription Agreement designating a specific language as the contract language, that designated version prevails. This clause implements Swiss case law on the *Ungewöhnlichkeitsregel* (BGE 109 II 452; BGE 119 II 443) and is without prejudice to UWG Art. 8.

17.8 General Reservation of Mandatory Rights

Nothing in these GTC limits or excludes:

• (i) any mandatory right of an individual consumer under Swiss consumer protection law, including UWG Art. 8;
• (ii) any right of a data subject under the Swiss FADP or the EU GDPR;
• (iii) any liability that cannot be excluded under CO Art. 100 para. 1 or CO Art. 101 para. 2;
• (iv) the jurisdiction of the courts of the consumer's domicile under Arts. 17–18 of the Lugano Convention or Art. 18 of Regulation (EU) No 1215/2012 (Brussels I bis) for consumers domiciled in a State party to those instruments.

18. Contact Information

In-Finitude AG

c/o Marc Vogt

Glärnischstrasse 24

8704 Herrliberg, Switzerland

UID: CHE-100.692.214 · CH-ID: CH-550-0106083-2 · FCRO-ID: 50804

Legal inquiries: legal(@)in-finitude.ch

Platform support: Available through the Platform "Contact Admin" function

Data protection inquiries: dpo(@)in-finitude.ch

By creating an account or using the Pollenn platform, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions.

Appendix A: PPP Band Reference

Band	Currency	Representative Countries
A	CHF	Switzerland, Norway, United States, United Kingdom, Australia, Singapore, Japan
B	EUR	Germany, France, Netherlands, Austria, Canada, Sweden, Italy
C	EUR	Spain, Portugal, Czech Republic, Poland, Greece, Chile, Malaysia
D	USD	Brazil, Mexico, South Africa, Thailand, Colombia, Turkey, Romania
E	USD	Kenya, India, Cambodia, Bolivia, Rwanda, Nepal, Madagascar, Philippines

Band assignment is based on the Organisation's registered headquarters. Monthly-fixed foreign exchange conversion rates apply. Band assignment may be audited and adjusted.

Appendix B: Supported Creative Commons Licenses

License	SPDX Identifier	Full Legal Text
CC0 1.0	CC0-1.0	https://creativecommons.org/publicdomain/zero/1.0/legalcode
CC-BY 4.0	CC-BY-4.0	https://creativecommons.org/licenses/by/4.0/legalcode
CC-BY-SA 4.0	CC-BY-SA-4.0	https://creativecommons.org/licenses/by-sa/4.0/legalcode
CC-BY-NC 4.0	CC-BY-NC-4.0	https://creativecommons.org/licenses/by-nc/4.0/legalcode