Terms of Use

1. Acceptance of the terms

These terms of use (hereinafter the Terms) define the rules applicable to access to and use of the DemyTix service (hereinafter the Service), including in its free plan. They supplement the General Terms and Conditions of Sale, which govern the contractual and pricing aspects of the subscription, and the Privacy Policy, which describes the processing of data.

By creating an account, accessing the Service or using it, the user (hereinafter the User) declares that it has read these Terms and accepts them without reservation. A User who does not accept these Terms must refrain from using the Service.

2. Account and access

Access to the Service requires the creation of an account. The User warrants that the information provided upon registration is accurate and up to date, and that it has the capacity and, where applicable, the powers necessary to bind the entity it represents. The Service is intended for professional use.

The User is responsible for the confidentiality of its credentials and for all actions carried out from its account. It undertakes to choose a strong password, not to share it and to inform DemyTix without delay of any unauthorized use or of any security breach of which it becomes aware.

The Service is organized into partitioned workspaces (client spaces): each space corresponds to a client and its invited members. The User who administers a space is responsible for managing the access of the members it invites into it and for the actions carried out by them within the framework of that space.

3. Acceptable use and prohibitions

The User undertakes to use the Service in accordance with its intended purpose, applicable law and these Terms. It shall refrain in particular from using the Service for unlawful or fraudulent purposes, from infringing the rights of third parties, or from uploading content that it does not have the right to process.

The following are prohibited in particular: any attempt at unauthorized access to the Service, to its systems or to the spaces of other clients; any operation of decompilation, reverse engineering or unauthorized extraction of the code or the databases; the introduction of malicious code; the use of automated means aimed at circumventing quotas or overloading the infrastructure; as well as the resale or making available of the Service to third parties other than legitimately invited members.

Any breach of these rules may result in the suspension or termination of access, under the conditions of Article 6, without prejudice to any legal proceedings.

4. User content

The User retains ownership of the supporting documents it uploads and of the data extracted therefrom. It grants DemyTix only the rights necessary for the hosting, processing (including the artificial intelligence extraction described in the Privacy Policy) and return of this content within the framework of the Service.

The User warrants that it holds the necessary rights over the content it uploads and that its processing is lawful. It is solely responsible for the legality, accuracy and retention of its documents, as well as for compliance with its accounting and tax obligations. As automatic extraction is a fallible aid to data entry, the User checks the data before validating it and synchronizing it to Bexio.

5. Availability and changes to the service

DemyTix endeavours to ensure continuous access to the Service but does not guarantee uninterrupted availability. Interruptions may occur for maintenance operations, scheduled as far as possible outside business hours, or for reasons beyond DemyTix's control (failure of a third-party provider, force majeure).

The Service evolves continuously. DemyTix may add, modify or withdraw features in order to improve the Service or to respond to technical, security or regulatory constraints. Substantial changes affecting the use of the Service are communicated by an appropriate means.

6. Suspension and termination

DemyTix may suspend or terminate, immediately and without notice in the event of an emergency, the access of a User who is in serious breach of these Terms, in particular in the event of unlawful use, breach of security, fraud or conduct causing harm to DemyTix or to other users. Where the nature of the breach so permits, prior formal notice is given.

The User may stop using the Service at any time. Cancellation of the paid subscription is subject to the conditions provided for by the General Terms and Conditions of Sale. Upon cancellation, the account reverts to the free plan and the terms of access to, export of and deletion of data described in the GTCS and the Privacy Policy apply.

7. Intellectual property

All the elements of the Service (the DemyTix brand, logos, interfaces, texts, structure, source and object code, databases) are protected and remain the exclusive property of DemyTix or its licensors. No provision of these Terms confers on the User any ownership right in these elements.

The User benefits from a personal, non-exclusive and non-transferable right of use, limited to the duration of its access and to the purposes of the Service. Any unauthorized reproduction, representation, adaptation or exploitation of the Service or of its components is prohibited.

8. Warranty exclusions

The Service is provided as is and under a best-efforts obligation. Within the limits permitted by applicable law, DemyTix gives no express or implied warranty as to the suitability of the Service for a particular need, the absence of errors, or the accuracy of the data produced by the automatic extraction, which constitutes an aid to data entry that must be checked by the User.

DemyTix does not guarantee that the Service will operate without interruption or error, nor that defects will be corrected within a specified time. The functions depending on third-party providers (hosting, payment provider, Anthropic for extraction, Bexio for synchronization) are provided subject to the availability and conditions of those third parties.

9. Limitation of liability

Within the limits permitted by applicable law, DemyTix's total liability in respect of the Service is capped at the amount actually billed to the User during the twelve (12) months preceding the event giving rise to the damage. For the use of the free plan, DemyTix's liability is limited to the fullest extent permitted by law.

DemyTix cannot be held liable for indirect or intangible damages (loss of operations, loss of turnover, loss of data, financial loss), nor for matters attributable to third-party providers or to a case of force majeure. With regard to extraction by artificial intelligence, DemyTix's liability stops where Anthropic's guarantee stops, as specified in the GTCS and the Privacy Policy. These limitations do not apply in the event of intentional fault or gross negligence, nor where the law prohibits them.

10. Governing law and jurisdiction

These Terms are governed by Swiss law, to the exclusion of conflict-of-laws rules. The parties shall endeavour to resolve amicably any dispute relating to their validity, interpretation or performance.

Failing an amicable agreement, any dispute falls within the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.