LEGAL
Governing law: Switzerland (URG · MSchG · UWG · OR · nDSG)
Last updated: May 2026
ALL CONTENT ON THIS PLATFORM IS THE EXCLUSIVE INTELLECTUAL PROPERTY OF KLUGGEN AND IS PROTECTED UNDER SWISS AND INTERNATIONAL LAW. ANY REPRODUCTION, COPYING, IMITATION, OR UNAUTHORISED USE — HOWEVER MINOR — IS STRICTLY PROHIBITED AND WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION UNDER ART. 67 URG.
These Terms and Conditions ("Terms") govern all access to and use of the website www.kluggen.ai and all associated sub-pages, digital products, interactive experiences, artworks, software, audiovisual content, and services (collectively, the "Platform") operated by KlugGen ("KlugGen", "we", "us", "our"), an immersive entertainment technology company. By accessing, browsing, or using the Platform in any manner, you ("User", "you") unconditionally accept these Terms in their entirety. If you do not agree with any provision hereof, you must immediately cease all use of the Platform. These Terms constitute a legally binding agreement under Swiss law.
2.1 All content on the Platform — including without limitation all text, images, photographs, illustrations, graphic works, doodles, drawings, animations, videos, audiovisual works, augmented reality experiences, interactive installations, software code, algorithms, databases, user interface designs, typographic arrangements, colour compositions, sound recordings, music, narratives, stories, concepts, ideas expressed in fixed form, and any other creative or technical output — constitutes original intellectual works protected under the Swiss Federal Act on Copyright and Related Rights (URG; SR 231.1), the Swiss Civil Code (ZGB; SR 210), the Swiss Code of Obligations (OR; SR 220), and all applicable international conventions including the Berne Convention for the Protection of Literary and Artistic Works and the TRIPS Agreement. 2.2 KlugGen is the sole and exclusive owner of all intellectual property rights in and to the Platform and its content. No rights, licences, or permissions of any kind are granted to any User, whether express, implied, by estoppel, or otherwise, except for the strictly limited right of personal, non-commercial viewing described in Section 3. 2.3 The name "KlugGen", the KlugGen logotype, all associated brand marks, trade names, and domain names are the exclusive property of KlugGen and are protected under the Swiss Trade Mark Protection Act (MSchG; SR 232.11). Unauthorised use of any KlugGen mark constitutes trademark infringement and unfair competition under the Swiss Federal Act Against Unfair Competition (UWG; SR 241).
3.1 Subject to full compliance with these Terms, KlugGen grants you a revocable, non-exclusive, non-transferable, non-sublicensable, strictly personal licence to access and view the Platform solely for your own private, non-commercial informational purposes. 3.2 This licence does not include any right to: (a) download, copy, reproduce, duplicate, print, or store any content; (b) modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works; (c) publicly display, perform, broadcast, transmit, or communicate any content to any third party; (d) use any content for commercial purposes, advertising, or promotional materials; (e) use automated tools, scrapers, bots, crawlers, or similar technologies to access or extract content; (f) frame, mirror, or embed any part of the Platform on any other website or application; or (g) remove, alter, or obscure any copyright, trademark, or proprietary notices. 3.3 Any use of the Platform beyond the scope expressly permitted in clause 3.1 requires prior written authorisation from KlugGen. Requests may be submitted to [email protected].
4.1 The reproduction, in whole or in any part, of any content on the Platform is strictly and absolutely prohibited without the prior, express, written consent of KlugGen. This prohibition applies to all forms and media, whether digital, analogue, print, broadcast, online, or otherwise, and extends to: any single image, frame, or screenshot; any portion of text, however brief; any visual element, design motif, or colour arrangement; any audio clip or musical phrase; any code snippet or algorithm; and any concept, narrative, or story expressed on the Platform. 4.2 The prohibition in clause 4.1 applies regardless of the purpose of reproduction, including but not limited to educational, journalistic, research, personal, or transformative purposes, except where mandatory statutory exceptions under Swiss law apply and cannot be contractually excluded. 4.3 Any reproduction made in violation of these Terms shall be deemed an infringement of KlugGen's exclusive rights under Art. 10 URG and shall give rise to all remedies available under Swiss and international law, including injunctive relief, damages, disgorgement of profits, and criminal prosecution under Art. 67 URG.
5.1 The creation of any derivative work, adaptation, transformation, or imitation of any content on the Platform — including any work that is substantially similar in expression, style, composition, concept, or overall aesthetic — is strictly prohibited without prior written consent from KlugGen. 5.2 Any work that reproduces the distinctive creative character, visual language, narrative style, or artistic identity of KlugGen's content, even if not an exact copy, shall be presumed to constitute an infringing derivative work. The burden of proving non-infringement rests solely with the alleged infringer. 5.3 KlugGen reserves the right to seek injunctive relief, damages, and all other available remedies against any person or entity that creates, distributes, or commercially exploits any derivative work without authorisation.
6.1 KlugGen actively monitors the Platform and the internet for unauthorised use of its intellectual property and will vigorously enforce its rights to the fullest extent permitted by law. 6.2 In the event of any infringement, KlugGen reserves the right to pursue, without limitation: (a) immediate injunctive relief before the competent Swiss courts under Art. 62 URG, Art. 55 MSchG, and Art. 9 UWG, including ex parte interim measures without prior notice; (b) claims for actual damages, including lost profits and reputational harm; (c) claims for disgorgement of all profits derived from the infringement; (d) statutory damages where applicable; (e) criminal prosecution under Art. 67 URG (copyright infringement), Art. 61 MSchG (trademark infringement), and Art. 23 UWG (unfair competition), which may result in fines or imprisonment; (f) recovery of all legal costs, attorney's fees, and court fees; and (g) any other remedy available under Swiss law or applicable international law. 6.3 KlugGen's failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of its rights to enforce such provision at any future time.
7.1 Any content, idea, concept, feedback, suggestion, story, or other submission you provide to KlugGen through the Platform or any communication channel shall be treated as non-confidential and non-proprietary. By submitting such content, you grant KlugGen a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from such content in any media and for any purpose. 7.2 You represent and warrant that any content you submit does not infringe the intellectual property rights, privacy rights, or any other rights of any third party, and that you have all necessary rights and permissions to grant the licence in clause 7.1.
8.1 KlugGen processes personal data in accordance with the Swiss Federal Act on Data Protection (nDSG; SR 235.1) and, where applicable, the European Union General Data Protection Regulation (GDPR; Regulation (EU) 2016/679). Details of data processing activities are set out in KlugGen's Privacy Policy, which forms an integral part of these Terms. 8.2 By using the Platform and subscribing to KlugGen's community, you consent to the collection and processing of your email address and usage data for the purposes described in the Privacy Policy. You may withdraw your consent at any time by contacting [email protected].
9.1 The Platform and all content are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted availability. 9.2 KlugGen does not warrant that the Platform will be free from errors, viruses, or other harmful components, or that any defects will be corrected.
10.1 To the maximum extent permitted by applicable Swiss law, KlugGen shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform, including but not limited to loss of data, loss of profits, loss of business, or reputational harm. 10.2 KlugGen's total aggregate liability to you for any claim arising out of or in connection with these Terms or the Platform shall not exceed CHF 100.
The Platform may contain links to third-party websites, including social media platforms and partner services. KlugGen has no control over, and accepts no responsibility for, the content, privacy practices, or terms of any third-party website. The inclusion of any link does not imply endorsement by KlugGen. You access third-party websites entirely at your own risk.
12.1 KlugGen reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time without notice and without liability. 12.2 KlugGen reserves the right to amend these Terms at any time. Amendments will be effective upon publication on the Platform. Your continued use of the Platform after any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.
13.1 These Terms and any dispute arising out of or in connection with them shall be governed exclusively by the substantive law of Switzerland, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). 13.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the courts of the Canton of Zurich, Switzerland. KlugGen reserves the right to bring proceedings against you in any other court of competent jurisdiction. 13.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and KlugGen with respect to your use of the Platform and supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.
For any questions regarding these Terms, intellectual property licensing requests, or to report infringement, please contact KlugGen at: [email protected] | +41 79 591 8228
© 2026 KlugGen. All rights reserved. Unauthorised reproduction of any content is a criminal offence under Art. 67 of the Swiss Federal Act on Copyright and Related Rights (URG; SR 231.1).