This website uses cookies and other technologies

This website uses cookies and other technologies to provide you with the best possible service. By clicking on OK or by simple use of the site, you accept these data processing. You will find more information under the privacy policy.

EN | FR

EN | FR

         

Intellifarm SA, Chemin Frank-Thomas 34, 1208 Geneva, Switzerland - Tel +41 22 700 59 29
Thank you for using Wyzio. By using Wyzio, you agree to our Terms of Service, which is a legal agreement. If you are using Wyzio for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.

1. Definitions

When we say, “we,” “our,” or “us,” we’re referring to Intellifarm SA, a Geneva, Switzerland limited liability company, our employees, directors, officers, affiliates, subsidiaries, mother and sister companies.

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use Wyzio's Services.

When we say “Terms”, we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites”, we mean our websites located at wyzio.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services”, we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Wyzio.

When we say “Wyzio”, we mean our Websites and Services collectively.

When we say End user, we mean person or entity registered with us to use Wyzio, including and limited to affiliated parties, subsidiaries, mother and sister companies under direct management.

When we say “information”, we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.


2. General Rules

To use Wyzio, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

  • You are responsible for all content you provide and your activities on Wyzio, thus acting as the Data Controller;
  • You will use Wyzio, which is acting as the Data Processor, in compliance with all applicable laws, rules, and regulations;
  • You will not use Wyzio to solicit the performance of any activity which infringes our rights or the rights of others.
  • You will only use Wyzio as an End User. Any further distribution or marketing is not subject to this license agreement. There is another license agreement for that purpose. Please contact support for Wyzio Affiliate program;
  • You will not provide fiduciary, accounting, salary, legal reporting, tax advice and other corporate financial management consulting to third parties based on the Services for a fee. There is another license agreement for that purpose. Please contact support for Wyzio Affiliate program; and
  • You will not use Wyzio to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Wyzio. Your use of Wyzio is at your own risk.


3. Data Storage

You acknowledge and agree that we shall not be responsible for any data stored by you using Wyzio. The data stored by you using our Services shall at all times be stored solely in Switzerland. Because the Internet is an inherently open and insecure means of communication, any data you transmit over the Internet may be susceptible to interception and alteration. We make no guarantee regarding, and assume no liability for, the security and integrity of any data you transmit via our Services or over the Internet, including any data or information transmitted via any server designated as “secure”


4. Data Retention

For the active Client’s Accounts Wyzio shall store all data and provide the Client(s) with access to the Account data going back for maximum 10 (ten) years. Upon termination of the Contract the Client can export his data in Excel format for offline retention at his own discretion and responsibility. Upon specific request of the Client his data after the Contract termination can also be stored by Wyzio at a fee in order to be consulted for accounting and other reporting purposes by an administrator designated by the Client.


5. Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own Wyzio and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Wyzio, our Services, or our content on Wyzio without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Wyzio or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.


6. Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.


7. Pricing

We offer a la carte pricing for Wyzio. Your subscription includes all modules for one (1) organization and one (1) user. From there, you can choose as many additional users and/or organization. Each additional user and/or organization will count for one (1) unit. There is a degressive price depending on the number of units. The basic package is for one (1) company and one (1) user costs CHF 54.- per month. In addition to the basic package, the first 15 additional units cost CHF 22.- each, then the price per unit for the next 15 increases to CHF 16.- and finally falls to CHF 11.- the following units.


8. Payment Terms

The free offer entitles registered users which are Independents or Associations and not subject to VAT, to use the Services for free for one user. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

By using the Services on a month-to-month basis, you agree to be billed by receiving an invoice on a monthly basis. The fee is calculated for the full month and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.

We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Wyzio or by email.


9. Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by sending us a written request by email, by fax or by ground mail. You will not be charged after cancellation. There is no cancellation fee.

In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.


10. API Terms

You may access your Wyzio's account data using the Wyzio's API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Wyzio, is bound by these Terms of Services.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.

Abuse or excessively frequent requests to Wyzio via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.


11. Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Wyzio.


12. Representations and Warranties

To the maximum extent permitted by law, we provide Wyzio on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Wyzio will meet your specific requirements, (ii) Wyzio will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Wyzio will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Wyzio will meet your expectations, and (v) any errors in Wyzio will be corrected.


13. Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Wyzio and any linked sites and services. Your sole remedy against us for dissatisfaction with Wyzio is to stop using Wyzio. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


14. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of Wyzio, including dispute, controversy, or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules:
  • The number of arbitrators shall be three;
  • The seat of the arbitration shall be Geneva;
  • The arbitral proceedings shall be conducted in French.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


15. Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.


16. Severability

If one or more sections of the Terms of Service are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms of Service will still be valid and enforceable.


17. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.


18. No Waiver

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.


19. Entire Agreement

These Terms of Service and all documents incorporated into these Terms of Service by reference constitute the entire agreement between you and us and govern your use of Wyzio, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).


20. Amendments and Changes to Wyzio

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service, at any time. Amendments or changes to these Terms of Service won’t be effective until we post revised Terms of Service on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Wyzio shall be subject to the Terms of Service.

It is your responsibility to check the Terms of Service periodically for changes. Your continued use of Wyzio following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Wyzio, or any portion of Wyzio for any reason; (2) to modify or change Wyzio, or any portion of Wyzio, and any applicable policies or terms; and (3) to interrupt the operation of Wyzio, or any portion of Wyzio, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


21. Questions

If you have any questions or concerns about the Terms of Service, please email us at tos@wyzio.com.

Try a demo