Terms of Service

1. Preamble and scope

These Terms of Service (hereinafter the “Terms”) govern access to the fysk.ai website and use of the services it presents, published under the Kokonut brand by Leev Sàrl, Route de Rossemaison 100, 2800 Delémont, Switzerland (hereinafter “Leev” or “we”).

They apply to:

• the fysk.ai website;
• Kokonut Drop, Kokonut Wave, Kokonut Island and Kokonut Station, which together form Kokonut Intelligence;
• the FYSK O and FYSK C AI models, used through these services;
• the Kokonut Wave SDKs, once they are made available, as well as support and related services.

By ordering or using any of these services, the Client accepts these Terms. The data collected by the website is described on its Privacy page. Any specific terms (offer, quotation, licence agreement or framework agreement) prevail over these Terms in the event of a discrepancy.

The services are intended for professionals, in particular fiduciaries, companies and software publishers. They are not intended for consumers.

2. Definitions

In these Terms:

• “Website”: the fysk.ai website;
• “Services”: Kokonut Drop, Kokonut Wave, Kokonut Island, Kokonut Station, the FYSK Models and related services, excluding third-party services;
• “FYSK Models”: Leev's AI models, FYSK O, which reads documents, and FYSK C, which performs the accounting classification and the entry;
• “Client”: the natural or legal person who orders or uses a Service for its professional activity;
• “User”: any person who uses a Service on behalf of the Client, in particular its employees;
• “Integrator”: the publisher of a software product who connects its software to Kokonut Wave, in particular through the SDKs, for the benefit of its own customers;
• “Client Content”: the documents, charts of accounts, accounting histories and other data that the Client or its Users submit to the Services or process with them;
• “Results”: the data read, classifications, entries and any other output produced by the Services from Client Content;
• “.kdf file”: the Kokonut Drop File (.kdf), the accounting profile of a client file for AI, created by Kokonut Drop (hereinafter also a “drop”);
• “Third-party AI Provider”: the provider of a cloud AI service, or the publisher of a local inference engine such as Ollama or LM Studio, that the Client chooses to use with Kokonut Wave and that is not operated by Leev.

3. Description of the services

The Services are tools that assist with accounting. They in no way replace an accountant, a fiduciary, a tax expert or a lawyer, and provide neither accounting, tax nor legal advice.

3.1 The fysk.ai website

The Website presents the FYSK Models and the Services for information purposes. Its content does not constitute a binding offer and may change without notice.

The examples shown on the Website (companies, invoices, entries, data) are fictitious. The throughputs and other figures published are measurements obtained under specific conditions: they are indicative and do not constitute a performance commitment.

3.2 Kokonut Drop

Kokonut Drop creates the .kdf file of a client file from the chart of accounts, the accounting history and the supporting documents that the Client submits. This file carries a synthesis of the client file's accounting context, so that AI can understand that context.

The Client may have the .kdf file of a client file updated. Each creation and each update is invoiced in accordance with art. 8.

The quality of the .kdf file depends on the data submitted. The Client ensures that it is complete, accurate and specific to the client file concerned.

3.3 Kokonut Wave

Kokonut Wave uses the .kdf file of a client file to pre-process each document, send it to the AI chosen by the Client and standardise the answer, then hands the proposed entry to the Client's accounting software. Kokonut Wave runs on the Client's premises or in the cloud.

Use of Kokonut Wave is free of charge. The SDKs for Integrators are to come; they will be provided with their own licence terms, which supplement these Terms.

3.4 Kokonut Island

Kokonut Island is the inference engine that runs FYSK O and FYSK C on a machine, without an internet connection. A connection is needed only for its installation and updates.

Kokonut Island comes with Kokonut Station. It may also be licensed for a machine of the Client, on request; the terms and price of that licence are set out in Leev's offer. Before ordering, the Client checks that its machine meets the requirements communicated by Leev.

3.5 Kokonut Station

Kokonut Station is the turnkey machine of Kokonut Intelligence. It runs Kokonut Wave, Kokonut Island, FYSK O and FYSK C on the Client's premises, without an internet connection except for its installation and updates.

Kokonut Station is offered as a monthly subscription, in three sizes: S, M and L. Leev makes it available to the Client for the term of the subscription; it remains the property of Leev.

The Client uses it with care, on its own premises, and does not open, modify or transfer it without Leev's written consent.

3.6 Cloud AI and third-party engines

When the Client uses Kokonut Wave with a Third-party AI Provider, the AI processing is carried out by that provider, under a contract that the Client enters into directly with it and on its terms.

The choice of the provider, its model and its settings rests solely with the Client. The costs charged by the provider are borne by the Client and are not included in Leev's prices. The consequences of that choice for data protection, in particular the disclosure of documents abroad, are governed by art. 7.5.

3.7 Preview features

Leev may make available features designated as “beta”, “preview” or by an equivalent term. They are provided as is, for evaluation purposes, and may be modified, suspended or withdrawn at any time without notice. The Client must not rely on them for critical processes; Leev's liability in respect of them is excluded to the extent permitted by law.

4. Ordering, provision and access

The contract is concluded by the acceptance of an offer from Leev or by Leev's written confirmation of an order, including by email. Leev may refuse an order without giving reasons.

The Services are available from 02.01.2027. Any delivery time communicated by Leev is indicative, unless otherwise agreed in writing.

Where a Service requires credentials (account, access key or licence key), the Client keeps them confidential, discloses them only to its Users and informs Leev without delay of any unauthorised use. The Client is liable for the acts of its Users as for its own.

5. Nature of AI results

Results are automatically generated proposals. They are probabilistic in nature and may be incomplete or incorrect, whatever the model used: FYSK O, FYSK C or that of a Third-party AI Provider.

The AI proposes, the accountant validates. Every Result must be reviewed and validated by the Client or by a qualified User before use, in particular before it is recorded in the accounts and before any accounting, tax or management decision.

The standardisation provided by Kokonut Drop and Kokonut Wave aims at consistent entries within a client file; it does not guarantee their accuracy.

6. Professional responsibilities of the Client

The Services facilitate the preparation of the accounts. Ultimate responsibility for the proper keeping of the accounts (art. 957 et seq. of the Swiss Code of Obligations), for compliance with tax obligations, in particular VAT, and for statutory deadlines nevertheless remains with the Client, respectively with its governing bodies or agents.

The Client is responsible for the completeness, accuracy and evidential value of the documents and data it submits to the Services. The Services process what the Client gives them; they verify neither that a period is complete nor that a document is authentic.

Fiduciaries using the Services for their own clients remain solely responsible towards them for the services they provide. Leev is not a party to that relationship.

A Client bound by professional secrecy or by a duty of confidentiality towards its own clients ensures that its use of the Services, in particular its choice of a Third-party AI Provider, is compatible with those obligations, and obtains its clients' consent where necessary.

The Integrator remains solely responsible for its software, for its use of Kokonut Wave and for its relationships with its own customers. It informs them, to the extent necessary, of the role of Kokonut Wave and of Third-party AI Providers, and of where their data is processed (art. 7.5).

7. Data, confidentiality and security

7.1 Data protection and roles

The processing of personal data is governed by the Swiss Federal Act on Data Protection (FADP) and, where applicable, by the General Data Protection Regulation of the European Union (GDPR). The data collected by the Website is described on its Privacy page.

For the personal data contained in Client Content, the Client acts as controller. When Leev processes that Client Content (art. 7.3), it acts as processor, on the Client's instructions, within the framework of these Terms. Leev is controller only for the data needed for the contractual relationship (contact details, orders, invoicing, support) and for the data of the Website.

Leev neither sells nor otherwise commercialises any data. It discloses Client Content to no third party, except to the sub-processors it needs to provide the Services (art. 7.4), on the Client's instructions, in particular when Kokonut Wave sends a document to the Third-party AI Provider the Client has chosen (art. 7.5), or in compliance with a Swiss legal obligation.

7.2 Processing on the Client's premises

When documents are processed by Kokonut Island, on Kokonut Station or on a machine of the Client, they are processed on the Client's premises, by FYSK O and FYSK C. Nothing leaves the machine, neither documents nor answers, which do not appear in its logs. No Client Content is disclosed to Leev, to a Third-party AI Provider or abroad; Leev has no access to Client Content processed on the machine.

An internet connection is used only for installation and updates; it transmits no Client Content. The Client is responsible for the security of its premises, its network and access to the machine, and for backing up the data it keeps on it.

Where work on Kokonut Station is required, in particular a repair or a replacement, Leev takes cognisance of no Client Content without the Client's express consent. A machine returned to Leev is securely erased before any reuse (art. 9.1).

7.3 Processing by Leev

When the Client uses Kokonut Drop, or Kokonut Wave in the cloud, Leev processes the necessary Client Content solely to provide the requested Service, on the Client's instructions as they result from these Terms and from its use of the Services.

Client Content submitted to Kokonut Drop is kept for the term of the contract, to the extent necessary to update the .kdf files, and erased within 30 days of the end of the contract, subject to statutory retention obligations.

Documents and Results passing through Kokonut Wave in the cloud are kept only for as long as needed to process them and hand them over to the Client's software.

Leev assists the Client, within its means, in responding to requests from data subjects, in particular for access, rectification and erasure. On request, it provides the Client with the information needed to demonstrate that it complies with its obligations as processor.

7.4 Hosting and data sovereignty

The processing carried out by Leev, for Kokonut Drop, for Kokonut Wave in the cloud and for the Website, takes place on infrastructure located in Switzerland (datacenters operated by Infomaniak).

Leev does not disclose Client Content abroad. Should this become necessary, in particular following a change of sub-processor, the disclosure would only be made to a State whose legislation ensures an adequate level of protection within the meaning of art. 16 FADP, after prior notice to the Client, who could object by terminating the Service concerned.

The Client authorises Leev to entrust part of this processing to sub-processors, in particular for hosting. Leev selects them with care, imposes on them confidentiality and security obligations equivalent to its own and is liable for their compliance. The list of sub-processors and of the places where they process the data is provided to the Client on request; Leev informs the Client of any change affecting those places.

“Cloud Act Free” commitment: Leev selects its providers so as to maintain, for the processing of Client Content, operations independent of players subject to the US Cloud Act. This is a best-efforts commitment: Leev cannot guarantee the absence of subsequent changes at an external provider (change of sub-processor, of legal structure or of shareholding) liable to affect this commitment. Should such a change be identified, Leev takes all reasonable measures to adapt the Service concerned and preserve data sovereignty.

Processing carried out by a Third-party AI Provider is covered neither by this article nor by this commitment (art. 7.5).

7.5 Processing by a Third-party AI Provider

When Kokonut Wave sends a document to a Third-party AI Provider in the cloud, that document and the data it contains leave the Services and are processed by that provider, under the contract the Client has entered into with it (art. 3.6) and under the Client's responsibility. This processing is beyond Leev's control. When Kokonut Wave runs on the Client's premises, the document is sent to the provider without passing through Leev.

Depending on the provider chosen, documents may be processed outside Switzerland, including in a State whose legislation does not ensure an adequate level of protection or whose authorities may require access to the data, in particular under the US Cloud Act. It is up to the Client to check, before choosing a provider, where the processing takes place and what safeguards are offered, and to ensure that the disclosure of data abroad complies with art. 16 and 17 FADP and with its obligations towards its own clients.

The Client informs the data subjects, in particular its own clients, of the disclosure of their data to that provider and, where applicable, abroad, in accordance with art. 19 FADP.

So that no document leaves its premises, the Client may use Kokonut Station, Kokonut Island or a local inference engine such as Ollama or LM Studio, run on its own infrastructure.

7.6 Security and confidentiality

Leev protects the Client Content it processes with technical and organisational measures appropriate to the risk, in accordance with art. 8 FADP. Communications are encrypted (TLS), stored data is encrypted and access is restricted to the persons who need it.

Leev's staff and sub-processors are bound by confidentiality. They access Client Content only at the Client's request, where a technical incident requires it or in compliance with a legal obligation; every access is logged.

Leev informs the Client as soon as possible of any data security breach affecting the Client Content it processes, so that the Client can meet its own notification obligations (art. 24 FADP), and takes the measures needed to limit its consequences.

Each party treats as confidential the information of the other party that it learns of under the contract, including after its end.

7.7 Ownership and use of Client Content

Client Content and Results remain the property of the Client.

Leev does not use Client Content to train or improve the FYSK Models, nor for any purpose other than providing the Services, without the Client's express and prior authorisation, given on a case-by-case basis when the document or dataset concerned is submitted. This authorisation is optional, has no bearing on access to the Services and may be revoked at any time with effect for the future.

7.8 Client warranties and archiving

The Client warrants that it holds all rights and authorisations necessary over Client Content, including vis-à-vis its own clients and the data subjects, and that its processing through the Services infringes no third-party right and no legal provision.

The Client fully indemnifies Leev against any third-party claim, including reasonable defence costs, arising from Client Content, from its unlawfulness or from any use of the Services contrary to these Terms.

The Client is responsible for retaining and archiving its data and documents in accordance with its legal obligations (in particular art. 957a and 958f of the Swiss Code of Obligations). The Services are not an archiving system: the Client keeps its own copies of the documents and data it submits to them.

Leev's technical backups serve the continuity of the Services; they give the Client no right to the return of data after the end of the contract (art. 9.5).

8. Prices and invoicing

8.1 Prices

Prices are expressed in Swiss francs (CHF) and are exclusive of VAT; Swiss VAT is invoiced in addition at the applicable rate.

Unless specific terms apply, prices are as follows:

• Kokonut Wave: free of charge;
• Kokonut Drop: CHF 70 for the creation of the .kdf file of a client file, then CHF 50 per update;
• Kokonut Station: CHF 500 per month for size S, CHF 1000 per month for size M and CHF 2000 per month for size L, Kokonut Island and the FYSK Models included;
• Kokonut Island under licence, on a machine of the Client: as per Leev's offer.

The costs of Third-party AI Providers, of the Client's hardware and of its internet connection are not included.

Leev may adjust its prices, or start charging for a free Service, subject to at least 30 days' notice. A Client who refuses the change may terminate the Service concerned as of the date it takes effect.

8.2 Invoicing and payment

The Kokonut Station subscription is invoiced monthly in advance. Creations and updates of .kdf files are invoiced at the end of each month for the month just ended.

Invoices are payable within 30 days of their issue date. Failing payment when due, the Client is in default without further notice; after a reminder that remains unanswered, Leev may suspend the Services until payment in full. Reminder fees, statutory default interest and collection costs are borne by the Client.

An invoice that is not disputed in writing before its due date is deemed accepted.

9. Term and termination

9.1 Kokonut Station subscription

The Kokonut Station subscription is entered into for a minimum term of 12 months from commissioning, then renews tacitly from month to month.

Either party may terminate it in writing, subject to 30 days' notice, with effect at the end of a month, at the earliest at the end of the minimum term. Moving to a larger size is possible at any time and takes effect at the start of the following month.

At the end of the subscription, the Client returns Kokonut Station to Leev within 30 days. The data on it is securely erased before the machine is reused; it is up to the Client to export beforehand the data it needs.

9.2 Kokonut Island licence

The Kokonut Island licence is granted for the term and on the conditions of Leev's offer. Failing that, it is granted for an indefinite term and may be terminated by either party, subject to 30 days' notice, with effect at the end of a month. At the end of the licence, the Client stops using Kokonut Island and uninstalls it.

9.3 Kokonut Drop and Kokonut Wave

The Client may stop using Kokonut Drop or Kokonut Wave at any time. The .kdf files already created or updated remain payable and are not refunded.

9.4 Termination for good cause and suspension

Either party may terminate the contract with immediate effect for good cause. Leev may further suspend access to a Service, after a warning except in urgent cases, in the event of fraud, misuse, non-payment or serious breach of these Terms.

9.5 Effects of the end of the contract

At the end of the contract, the right to use the Service concerned ends.

The Client is responsible for archiving its data and documents. It is up to the Client to export, before the end of the contract, the data it needs. Leev guarantees no return of data after the end of the contract; a request addressed to support may nevertheless, as a matter of goodwill, result in an export.

The Client Content kept by Leev is then erased within the period set out in art. 7.3, or earlier at the Client's express request, subject to the statutory retention obligations applicable to Leev. The data on Kokonut Station is erased in accordance with art. 9.1.

10. Availability and maintenance

Leev aims for an annual availability of 99% of Kokonut Drop and of Kokonut Wave in the cloud, without this rate constituting a contractual guarantee in the absence of a separate service level agreement (SLA).

Interruptions may occur for maintenance, updates or improvements. Planned maintenance is, as far as possible, announced in advance and carried out outside business hours. The availability of Third-party AI Providers, of accounting software and of the Client's network does not depend on Leev.

Kokonut Station and Kokonut Island work without an internet connection; their operation does not depend on the availability of Leev's services. The Client allows the installation of the updates Leev makes available, in particular security updates; Leev is not liable for defects that an uninstalled update would have corrected.

11. Acceptable use and restrictions

The following are prohibited, in particular:

• diverting the Services from their intended purpose or using them for unlawful purposes;
• attempting to access the systems of Leev or of third parties without authorisation, or compromising their security;
• decompiling, disassembling, reverse engineering or analysing a .kdf file, the FYSK Models, Kokonut Wave, Kokonut Island, Kokonut Station or any other component of the Services, or extracting their content, the models or their parameters from them (art. 12.2);
• using the Services or the Results to train or develop a competing AI model;
• reselling, sublicensing or making the Services available to third parties without Leev's written consent, except for the integration of Kokonut Wave by an Integrator;
• sharing credentials or licence keys, or installing Kokonut Island on more machines than the licence allows;
• placing abusive load on Kokonut Drop or Kokonut Wave, in particular through deliberate overload or by circumventing their technical limits;
• impersonating a third party, or submitting to the Services unlawful content, malware or content to which the Client does not hold the rights.

In the event of a breach, Leev may take the proportionate technical measures necessary to protect the Services and suspend access to the Service concerned (art. 9.4).

12. Intellectual property

12.1 Rights of Leev and of the Client

The FYSK and Kokonut brands, the Website, the Services, the FYSK Models, Kokonut Island and the format of the .kdf file, as well as all of their software, visual and textual elements, are the exclusive property of Leev or of its licensors.

The Client receives a personal, non-exclusive and non-transferable right to use the Services, limited to the term of the contract and to its professional purposes. The FYSK Models are made available to it only to be run by the Services; no right in the models themselves is transferred to it.

Leev claims no rights in the Results. The Client uses the .kdf files created for its client files with Kokonut Wave, for its own purposes and those of its clients.

Suggestions and feedback voluntarily submitted to Leev may be freely used to improve the Services.

12.2 Trade secrets and prohibition of reverse engineering

The .kdf file, the binaries and code of Kokonut Wave and Kokonut Island, the FYSK Models, including their weights and configurations, and every component of Kokonut Station embody trade secrets and industrial know-how of Leev. They are protected by the Swiss Federal Act on Copyright and Related Rights (CopA) and by the Swiss Federal Act against Unfair Competition (UCA). The Client and its Users are bound to keep these secrets, during the term of the contract and after its end.

The following are strictly prohibited, whatever the purpose:

• decompiling, disassembling or reverse engineering a .kdf file, a FYSK Model or a binary of Kokonut Wave, Kokonut Island or Kokonut Station;
• extracting, reading or analysing, by means other than the Services, the content or structure of a .kdf file, of a model or of a binary;
• any attempt to reconstruct the weights of a model, the accounting profile contained in a .kdf file or the instructions (prompts) used by the Services;
• circumventing a technical protection measure;
• any reuse of these elements outside the Services.

The only exceptions are the mandatory exceptions of the law that cannot be waived, in particular the decryption of a computer program for interoperability purposes under art. 21 CopA, within its strict limits. Leev provides the information needed for interoperability on request.

Leev systematically pursues every breach, under civil and criminal law: it files a criminal complaint, in particular under art. 162 of the Swiss Criminal Code (breach of manufacturing or trade secrecy), art. 6 and 23 UCA and the CopA, and brings civil proceedings. This is without prejudice to its claims for damages and to the immediate termination of the contract for good cause (art. 9.4).

13. Warranties and liability

To the extent permitted by Swiss law:

• the Services are provided as is and as available; Leev warrants neither the complete absence of errors, nor the accuracy of the Results, nor the fitness of the Services for a particular purpose;
• during the subscription, Leev remedies at its own cost the defects of Kokonut Station reported to it, by repair or replacement, unless the defect results from improper use; any other warranty for defects is excluded;
• Leev is liable without restriction for damage caused intentionally or through gross negligence, as well as for personal injury;
• for the remainder, Leev's liability is excluded for slight negligence and limited to direct damage; it is capped, per contractual year, at the amount paid by the Client for the Service concerned during the twelve months preceding the damaging event;
• indirect and consequential damage (loss of profit, loss of data, third-party claims, tax penalties, default interest) is excluded;
• Leev is not liable for decisions taken on the basis of Results that have not been reviewed in accordance with art. 5, nor for Third-party AI Providers and their processing (art. 7.5), accounting software and other third-party software and services, nor for the Client's hardware and network.

14. Force majeure

Neither party is liable for the non-performance of its obligations due to an event of force majeure (natural disaster, major infrastructure or network failure attributable to a third party, armed conflict, decision of an authority, cyberattack of exceptional scale). The obligations concerned are suspended for the duration of the event.

The party prevented informs the other without delay and takes reasonable measures to limit the effects. If the event lasts more than 60 days, either party may terminate the Service concerned in writing, without compensation.

15. Changes to the services and to the Terms

Leev develops the Services on an ongoing basis. It may add, modify or withdraw features, release new versions of the FYSK Models or change the list of Third-party AI Providers compatible with Kokonut Wave, provided that the essential characteristics of the subscribed Service are preserved.

These Terms may be updated; the version in force is published on the Website with its date. Any substantial change is notified to the Client by email at least 30 days before it takes effect. A Client who refuses the change may terminate the Service concerned as of that date; use of the Services beyond it constitutes acceptance.

16. Support

Support helps the Client to set up and use the Services. It does not include bookkeeping, accounting, tax or legal advice, or the administration of the Client's network or hardware.

It is provided by email, at info@fysk.ai, on business days. It is included in the Kokonut Station subscription and in the Kokonut Island licence; services beyond assistance with use are subject to an offer.

17. Miscellaneous provisions

• Written form: email satisfies the written form required by these Terms.
• Assignment: the Client may not assign the contract without Leev's written consent; Leev may assign it to a company it controls or in the context of a restructuring.
• Severability: the invalidity of one clause does not affect the validity of the others; the invalid clause is replaced by a valid provision of equivalent economic effect.
• Entire agreement: the Terms and any specific terms constitute the entire agreement.
• Language: the Terms are published in French, German and English; the French version prevails.

18. Governing law and jurisdiction

These Terms and the contracts they govern are subject to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The parties shall endeavour to settle any dispute amicably before bringing it before a court. The exclusive place of jurisdiction is Porrentruy (canton of Jura, Switzerland), subject to mandatory places of jurisdiction provided by law.

19. Contact

Leev Sàrl, Route de Rossemaison 100, 2800 Delémont, Switzerland. For any question about these Terms, write to us at info@fysk.ai.