Terms and conditions

1. Parties and scope

Swizee is a service operated by Ocho Agency - Lepetit Consulting, Rue du Port-Franc 22, 1003 Lausanne, Switzerland (“Swizee”). “Swizee” is the trade name of the service.

These terms govern access to the service, its use, and the sale of the associated physical signs. They apply from the creation of an account and, together with the order placed online, form the entire agreement between the parties.

The service is intended exclusively for businesses and professionals: restaurants, bars, cafés, hotels and other establishments. By creating an account, the customer confirms that it acts in the course of its business. Swizee does not contract with consumers.

Terms of the customer that differ from these apply only if Swizee has accepted them in writing.

2. The service

Swizee lets an establishment create, publish and keep up to date a digital menu and, depending on the offer taken, a stay guide, both of which its guests open with a QR code.

The service is provided online, with nothing to install. Its features evolve: Swizee may add to them, change them or withdraw them, provided the essential service subscribed for remains available. A change that would substantially reduce an essential feature of the current offer is announced in accordance with clause 7.

3. Account and access

The customer creates an account and is responsible for the accuracy of the information provided. It protects its credentials, keeps the list of authorised people up to date, and informs Swizee without delay of any unauthorised access.

The customer is responsible for actions taken from its account. Swizee provides two-factor authentication and recommends enabling it.

4. Offers, prices and billing

The offers and their prices, per establishment, are:

The yearly price corresponds to a 30 % reduction on twelve monthly payments and is invoiced once on subscription and again on each renewal.

Prices are stated in Swiss francs and apply per establishment. Each establishment has its own subscription.

Payments are handled by Stripe (clause 10). Swizee never has access to payment card data. Billing occurs in advance, for the period subscribed.

In the event of non-payment, Swizee may suspend publication after a reminder has gone unanswered, in accordance with clause 15.

5. Term, renewal and cancellation

The subscription is entered into for the period subscribed — one month or one year — and renews automatically for an identical period.

The customer may cancel at any time, with effect at the end of the current period, from the subscription management area. No notice period is required and no minimum term is imposed.

Periods already invoiced are not refunded; the service remains available until they end. Mandatory statutory provisions are reserved.

6. Changing offer

Moving to a higher offer takes effect immediately; the difference is prorated over the remaining period and invoiced at once.

Moving to a lower offer takes effect at the next renewal. Until then the customer keeps the current offer. Content created with a feature that is no longer part of the new offer is kept but is no longer published.

The customer's QR code does not change when the offer changes.

7. Changes to prices and terms

Swizee may change its prices and these terms. Any change is communicated to the customer by email at least 30 days before it takes effect.

A price change never applies to a period already invoiced. It takes effect at the first renewal occurring after the 30-day period has elapsed: for a monthly subscription, at the following month; for a yearly subscription, at the next yearly renewal, the current year remaining at the price paid.

A customer who does not accept a change may cancel before it takes effect, in accordance with clause 5.

8. QR codes and physical signs

The QR code assigned to a published experience is permanent in the sense that it does not change when the menu or the guide are edited: the customer can change its content as often as it likes without replacing signs already in place. It remains valid for as long as the corresponding experience is active. The customer can download it, print it itself, disable it or replace it from its account. It stops resolving once the experience is no longer published, in particular at the end of the contract (clause 16).

Swizee offers physical signs (stickers, resin, metal) carrying the establishment's QR code. Ten standard stickers are provided free of charge once per establishment, delivery included where the order is entirely covered by that offer. Beyond that, signs and delivery are charged at the price shown when the order is placed.

Delivery is within Switzerland only. Any delivery times given are indicative and are not a commitment; delays may occur, in particular during promotions such as the free stickers offer.

The signs carry the establishment's own QR code and are therefore personalised: they are not taken back on a simple change of mind. If, however, a sign arrives damaged, is defective, or a shipment is genuinely lost, Swizee replaces it free of charge. The customer's mandatory rights and the statutory warranty for defects are reserved.

9. Customer content

The customer remains the owner of its content: text, prices, photographs, logos, imported documents. It warrants that it holds the rights required to use and publish them, and is responsible for their accuracy, in particular prices, allergen information and any regulated statement.

The customer grants Swizee the right, limited to the term of the contract and to what is technically necessary, to host, reproduce, technically adapt, translate and distribute that content for the purpose of operating the service.

Swizee does not exploit this content for any commercial purpose of its own. The processing necessary to operate the service is reserved: support at the customer's request, backups, security and abuse prevention, and compliance with legal obligations.

Swizee does not review published content and is not responsible for it. Swizee may, however, remove content that is manifestly unlawful or contrary to clause 12, having informed the customer where circumstances allow.

10. Technical providers

Operating the service requires third-party providers. Swizee transmits to them only the data necessary for the function concerned. Their respective roles and the places of processing are described in the privacy policy.

• RailwayHosting of the applications, the database and the files.
• StripePayments, subscriptions and billing.
• Google (Gemini)Menu import and reading, and automatic translation. The imported document and the text to be translated are transmitted to Google for that processing.
• InfomaniakDelivery of the service's emails.

The processing of personal data is described in the privacy policy, which forms part of these terms.

11. Availability, maintenance and support

Swizee takes reasonable steps to keep the service available and secure. No availability level is guaranteed.

Interruptions may occur for maintenance, updates, incidents, or matters attributable to a provider or to the network. Swizee endeavours to limit them and, where possible, to schedule them outside service hours.

Support is provided by email at info@swizee.link. No response time is guaranteed.

12. Use of the service

The customer must not, in particular, circumvent access controls, disrupt the service, attempt to access another establishment's data, carry out unauthorised automated extraction, or use the service for unlawful or misleading purposes.

13. Intellectual property

The service, its software components, its presentation and the Swizee trade mark remain the property of Swizee or its licensors. The subscription grants a personal, non-exclusive and non-transferable right of use, limited to the term of the contract.

14. Liability

Swizee is liable for damage caused by gross negligence or intent.

To the extent permitted by law, Swizee's liability is otherwise excluded, in particular for loss of profit, loss of data, indirect damage and consequential damage. Where liability nevertheless arises, it is limited to the amount actually invoiced to the customer for the establishment concerned during the twelve months preceding the damaging event.

Swizee is not responsible for the accuracy of content published by the customer, nor for the result of an import or an automatic translation, which the customer must check before publishing.

The above limitations do not apply to the extent the law prohibits them.

15. Suspension and termination by Swizee

Swizee may suspend access or terminate the contract without compensation in the event of non-payment after a reminder, use contrary to clause 12, an established risk to the security of the service, or a legal obligation.

Except in an emergency or where a legal obligation provides otherwise, the customer is informed beforehand and given a reasonable period to remedy the situation.

16. End of the contract

At the end of the contract, published experiences cease to be accessible and the corresponding QR codes no longer resolve.

Content and the account are not deleted immediately: they are kept so that the account can be reactivated or the content retrieved. The customer may request their deletion at any time by writing to info@swizee.link; Swizee acts on it within a reasonable period. Data that the law requires to be kept, in particular accounting records, and data necessary for evidence and for the security of the service, are reserved, within the limits set out in the privacy policy.

Customers are advised to keep a copy of their content before the contract ends.

17. Final provisions

If a provision of these terms is void or unenforceable, the remainder stays in force and the provision concerned is replaced by a valid rule of equivalent economic effect.

The customer may not transfer the contract without Swizee's written consent. Swizee may transfer the contract to a legal successor, informing the customer.

18. Governing law and jurisdiction

These terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The parties first seek an amicable solution. Failing that, the exclusive place of jurisdiction is the Canton of Vaud, Switzerland.

19. Contact

Ocho Agency - Lepetit Consulting, Rue du Port-Franc 22, 1003 Lausanne, Switzerland — info@swizee.link