Legal
Terms of Use
Courtesy translation, provided for information only. The French original (version française) is the sole authoritative version.
Version of 1 September 2026. Acceptance within the application is logged together with this version; any substantive change gives rise to a new version presented for acceptance.
1. Publisher — identification
The LEMIA software (the “Software”) and the lemia.ch website are published by LEMIA Sàrl, a limited liability company in formation, whose registered office will be in Geneva, Switzerland (the “Publisher”), represented by its founder, Colin Thompson. Contact: contact@lemia.ch.
Obligations entered into on behalf of the company in formation may be assumed by LEMIA Sàrl within three months of its registration in the commercial register (Art. 779a of the Swiss Code of Obligations, “CO”); failing such assumption, they remain the personal liability of those who contracted them.
2. Purpose and scope
2.1 These terms of use (the “Terms of Use”) govern the provision and use of the Software by any person or entity that installs or operates it (the “Client”).
2.2 The Software is intended exclusively for professionals acting in the course of their professional or commercial activity; it is not intended for consumers. The Client declares and confirms this upon acceptance.
2.3 Installing the Software, confirming these Terms of Use in the window displayed on first launch, or any use of the Software constitutes unreserved acceptance. The accepted version and the date of acceptance are logged locally (evidence in durable form).
3. Definitions
- Software: LEMIA, a desktop application for orchestrating artificial intelligence agents, installed and run on the Client’s Workstation.
- Workstation: the computer on which the Software is installed; one licence is granted per Workstation.
- AI Provider: the third party running the artificial intelligence models called by the Software, namely Infomaniak (INFOMANIAK NETWORK SA, Switzerland) — hosting and processing in Switzerland.
- Access Keys: the API credentials that the Client obtains directly from the AI Provider and enters into the Software (“BYO keys”). A single key (token + product identifier) provides access to all models.
- Content: texts, letters, documents, analyses, code and other results produced by means of the Software.
4. Description of the service
4.1 The Software is a desktop application: the Client installs and operates it on their own Workstation. Orchestration (composing workflows, coordinating agents, quality control) runs locally, on the Client’s Workstation.
4.2 The documents to which the Client gives the Software access, the Content produced and the execution logs remain on the Client’s Workstation. The Software transmits to the Publisher neither the Client’s documents, nor the Content, nor any content data; the Publisher has no access to any content processed by the Client. Only technical metadata for control, licensing and billing purposes (Workstation and version identifiers, task and token counters, durations, statuses) may be transmitted to the Publisher; such metadata never includes the content being processed.
4.3 To produce the Content, the Software transmits to the AI Provider alone the elements necessary for the requested processing (document excerpts, instructions). The Software is designed to call only an AI model provider established in Switzerland (Infomaniak): every AI call leaving the Workstation, without exception, is processed in Switzerland, and the Software offers no option allowing AI calls to be directed to any other online provider. The only alternative provided for is running models locally, on the Client’s Workstation (an offline development option, disabled by default): the model then runs on the Client’s machine, with no network call to an AI provider. AI-initiated web search and web reading tools are switched off by default: no query is sent to a third-party search engine or website at the AI’s initiative, save for express activation of the optional web mode described in art. 4.5.
4.4 Human approval and reversibility. The Software performs no action with external effect — sending an email, an action carried out through a connector — without the Client’s explicit prior approval; it includes no mechanism for accepting such actions automatically. As regards writes on the Client’s Workstation, two regimes apply:
(a) Newly produced documents. Documents created by a run or by an agent are first written to a staging area and are copied into the Client’s folders only after the Client’s explicit approval — unless the Client has themselves switched that approval off by means of the setting provided for that purpose.
(b) Existing documents designated by the Client. Where the Client asks for a document that already exists in their folders to be modified, renamed or deleted, the operation applies immediately, without prior approval. The guarantee is then reversibility: before any such operation, the Software places a backup copy of the document in a local recycle folder and records the operation in a journal that allows it to be undone; if that backup copy cannot be created, the write is refused. The Software neither deletes nor moves whole folders through this mechanism, and the number of such operations is capped per run.
4.5 Optional web mode (opt-in). The Software includes an AI web-access mode, switched off by default, which the Client may enable and disable at any time through a dedicated control. Activation is only possible after express acceptance of a specific disclaimer, whose accepted version and timestamp are logged locally. When this mode is active: (a) the AI may issue search queries and read web pages; those queries and the addresses visited are transmitted to search engines and websites operated by third parties, possibly established outside Switzerland, and may reflect elements of the Client’s request; (b) the processing of Content by the AI Provider remains in Switzerland (art. 4.3); (c) the Software instructs the AI to generalise its queries and to include no potentially sensitive element in them (names, contact details, document excerpts, amounts, file numbers) — this instruction is a best-efforts configuration measure, not a guarantee of result; (d) enabling the web mode is the Client’s sole decision, and the Client assumes its use in light of their legal, regulatory and professional obligations (art. 7), including professional secrecy. Every run performed with the web mode active is flagged as such in the Software’s processing log.
5. Access Keys to the AI Provider (BYO keys)
5.1 Access to the AI models is made by means of the Client’s own Access Keys. The Client contracts directly with the AI Provider, accepts its terms and pays the cost of consumption (tokens) directly to it; such consumption is not included in the subscription. The Publisher is not a party to that contract and receives no remuneration on that consumption.
5.2 The Software is designed to restrict AI calls to an AI model provider established in Switzerland (Infomaniak), with no option to circumvent this towards another online provider (art. 4.3). It nevertheless remains for the Client to satisfy themselves that this arrangement is compatible with their own legal and professional-conduct obligations before using the Software to process data subject to such obligations.
5.3 The Client is responsible for the confidentiality, safekeeping and use of their Access Keys. Keys entered into the Software are stored encrypted on the Client’s Workstation.
6. Licence
6.1 The Publisher grants the Client, for the duration of their subscription, a non-exclusive, non-transferable and non-assignable licence to install and use the Software, for their own professional needs, within the limit of the number of Workstations specified in their order.
6.2 The following are prohibited, except with the Publisher’s written consent or where a mandatory legal provision provides otherwise (in particular the right of decompilation for interoperability purposes, Art. 21 of the Swiss Copyright Act (LDA)): reverse engineering, decompiling or disassembling the Software; renting it out, reselling it, sub-licensing it or making it available to third parties; circumventing its technical measures; using it to develop a competing product.
6.3 The Client shall not use the Software for unlawful purposes, or to produce or distribute unlawful content.
7. Client responsibilities
7.1 The Client is the sole controller of the data they process by means of the Software (within the meaning of the Swiss Federal Act on Data Protection (“LPD”) and, where applicable, the GDPR), including: the decision to use the Software for a given processing operation; the scope of the documents and folders to which they give the Software access; informing the data subjects; and complying with their legal, regulatory and professional-conduct obligations — in particular professional secrecy (Art. 321 of the Swiss Criminal Code) where they are subject to it.
7.2 The Client checks, proofreads and approves each item of Content before any use, distribution, sending to third parties or action with external effect. For this purpose the Software provides the approval and reversibility steps described in Art. 4.4.
7.3 The Client is responsible for the security of their Workstation, their backups and their access credentials.
8. Content generated by artificial intelligence
8.1 The Content is generated automatically by artificial intelligence models and may contain errors, inaccuracies or omissions.
8.2 The Content constitutes neither legal, medical, accounting or tax advice, nor professional advice of any kind, nor a decision; it cannot substitute for any of these.
8.3 The integrated conversational assistant and the Software’s agents are artificial intelligence systems; the Client is informed of this by these Terms of Use and by the interface (Regulation (EU) 2024/1689, Art. 50(1)).
8.4 The Software makes no exclusively automated decision producing legal effects: a human — the Client — approves every result before any use.
8.5 This article is without prejudice to the mandatory limits set out in Art. 10: it excludes neither wilful misconduct nor gross negligence on the part of the Publisher (Art. 100 para. 1 CO).
9. Provision “as is” — warranties
9.1 The Software is provided “as is”. The Publisher warrants neither that the Software is free from errors, nor that its operation will be uninterrupted, nor that it is fit for any particular purpose or will achieve the result sought by the Client — including any regulatory-compliance result, which remains the Client’s responsibility.
9.2 The Client acknowledges that they install and operate the Software on their own equipment, with their own access to the AI Provider, and that it is up to them to assess the Software’s suitability for their needs.
9.3 The Publisher’s commitments regarding security and confidentiality are to be understood as best-efforts obligations (obligations de moyens): the Publisher implements the measures described in its documentation, without guaranteeing a result.
9.4 To the fullest extent permitted by applicable law and subject to mandatory provisions, the Publisher excludes any warranty for defects (Art. 197 et seq. CO, where applicable by analogy). This exclusion does not apply in the event of wilful misconduct or gross negligence on the part of the Publisher, or where the Publisher has fraudulently concealed a defect (Art. 199 CO).
10. Limitation of liability
10.1 To the fullest extent permitted by applicable law, the Publisher’s liability for damage caused to the Client under these Terms of Use is limited to the total amount actually paid by the Client under the subscription during the twelve (12) months preceding the event giving rise to the damage.
10.2 The Publisher is not liable for indirect or consequential damage, in particular loss of profit, loss of data, business interruption, damage to reputation or third-party claims.
10.3 The limitations and exclusions provided for in Arts. 10.1 and 10.2 do not apply in the event of wilful misconduct or gross negligence on the part of the Publisher (Art. 100 para. 1 CO), nor to personal injury, nor in the other cases where the law mandatorily excludes such a limitation. Any limitation in respect of auxiliaries applies within the mandatory limits of the law (Art. 101 CO).
11. Data protection
11.1 The processing of personal data by the Publisher (website, contact, licensing) is described in the Privacy Policy.
11.2 For the data the Client processes by means of the Software, the Client is the controller (Art. 7.1). The Publisher neither receives nor processes such data; the only technical recipient is the AI Provider (Infomaniak, Switzerland), with whom the Client contracts directly (Art. 5.1) — including, where applicable, the required data processing agreement (DPA).
12. Intellectual property
12.1 The Software, its documentation, its trademarks and its visual elements remain the exclusive property of the Publisher or its licensors. The licence in Art. 6 entails no transfer of intellectual property rights.
12.2 To the extent that intellectual property rights exist in the Content produced by means of the Software, the Publisher claims no rights in such Content, which belongs to the Client. The Publisher warrants neither the existence of such rights, nor the protectability of content generated by artificial intelligence, nor the absence of infringement of third-party rights; it is for the Client to check the AI Provider’s terms and third-party rights before any exploitation.
13. Term, suspension, termination
13.1 These Terms of Use apply from acceptance and for the entire duration of use of the Software. The duration of the subscription, its renewal and its price are set by the order or the licence agreement concluded with the Publisher.
13.2 The Publisher may terminate or suspend the licence with immediate effect in the event of a serious breach of these Terms of Use by the Client (in particular of Arts. 6.2 and 6.3), without prejudice to any damages.
13.3 Upon expiry of the subscription or in the event of termination, the Client ceases to use the Software and uninstalls it. The Client’s documents, Content and logs, stored on their Workstation, remain in their possession — the end of the contract entails no loss or return of data.
14. Amendment of the Terms of Use
The Publisher may amend these Terms of Use. Any new version is presented to the Client in the application, its acceptance being logged together with the number of the new version, and published on lemia.ch; continued use after the new version has been presented constitutes acceptance. Failing acceptance, the Client ceases to use the Software (Art. 13.3 applies).
15. Miscellaneous
15.1 The Client may not assign these Terms of Use or the licence without the Publisher’s written consent.
15.2 If any clause of these Terms of Use is void or unenforceable, the remaining clauses shall remain in force; the clause concerned shall be replaced by a valid clause of equivalent economic effect.
15.3 These Terms of Use, the order and the Privacy Policy constitute the entire agreement between the parties with respect to the Software.
16. Governing law
16.1 These Terms of Use and any contract concluded on their basis are governed by Swiss law, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2 The choice of Swiss law applies subject to the mandatory provisions and overriding mandatory rules that would remain applicable under the law of the forum seised.
17. Jurisdiction and dispute resolution
17.1 The Client concludes this contract exclusively in the course of their professional or commercial activity; the Software is not intended for consumers.
17.2 The parties shall endeavour to settle amicably any dispute arising from or in connection with these Terms of Use.
17.3 Failing an amicable settlement, any dispute falls under the exclusive jurisdiction of the ordinary courts of the Publisher’s registered office, namely Geneva (Switzerland), subject to any mandatory places of jurisdiction provided by law.
Version of 1 September 2026. Contact: contact@lemia.ch.