Terms of Service

1. Parties

These Terms of Service (“Terms”) constitute a legally binding agreement between Premtrace AG, Rue Terrassière 39, 1207 Geneva, Switzerland (“Premtrace”, “we”) and the legal entity subscribing to the Premtrace service (“Client”, “you”). These Terms apply exclusively to B2B arrangements. Consumer contracts are not offered.

2. Service Description

Premtrace provides continuous employee digital risk intelligence by monitoring publicly available information across 50+ platforms and delivering structured Intelligence Digests. The service screens only publicly accessible information and does not access private, password-protected, or non-public data.

3. Subscription & Payment

Subscriptions are billed monthly in Swiss Francs (CHF) at the rate specified at the time of onboarding. Pricing is subject to change with 30 days' written notice. All fees are exclusive of applicable taxes. Invoices are due within 30 days of issuance. Late payments accrue interest at 5% per annum under Swiss law.

4. Acceptable Use

The Client agrees to use Premtrace only for lawful employment-related compliance and risk management purposes. The Client shall:

• • Obtain any required consents or legal basis under applicable employment law before monitoring employees.
• • Not use findings for discriminatory hiring, harassment, or any unlawful purpose.
• • Maintain appropriate internal data handling procedures for reports received.
• • Not resell, sublicense, or distribute Premtrace outputs to third parties.

5. Data Processing

For Enterprise tier clients, a Data Processing Agreement (DPA) compliant with nFADP and GDPR is included. For Pilot and Professional tier clients, data processing terms are incorporated by reference into these Terms. All processing occurs on Swiss and EU servers. Premtrace acts as data processor with respect to personal data of monitored employees; the Client is the data controller.

6. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential, using no less than reasonable care. Intelligence Digests and findings delivered by Premtrace are marked “Confidential” and are for the Client's internal use only.

7. Intellectual Property

Premtrace retains all intellectual property rights in the service, platform, methodologies, and AI models. The Client receives a limited, non-exclusive, non-transferable license to use the service during the subscription term. Client data remains the property of the Client.

8. Warranty Disclaimer

The service is provided “as is.” Premtrace does not warrant that screening results are complete, accurate, or free from error, as they are derived from public sources outside Premtrace's control. Intelligence Digests are informational tools; they do not constitute legal advice and should not be relied upon as the sole basis for employment decisions.

9. Limitation of Liability

To the fullest extent permitted by Swiss law, Premtrace's aggregate liability to the Client shall not exceed the total fees paid in the three months preceding the claim. In no event shall Premtrace be liable for indirect, incidental, special, or consequential damages.

10. Term & Termination

Subscriptions continue on a monthly basis until cancelled. Either party may terminate with 30 days' written notice. Premtrace may suspend or terminate immediately if the Client breaches these Terms. Upon termination, Client data is deleted within 30 days unless a longer retention period is required by law.

11. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with Swiss law, excluding its conflict of law provisions. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

12. Contact

Legal notices and service of process: legal@premtrace.ch
Premtrace AG · Rue Terrassière 39 · 1207 Geneva · Switzerland