General Terms and Conditions of Sale

1. Purpose and contractual scope

These general terms and conditions of sale (hereinafter the GTCS) govern the subscription to and the paid use of the DemyTix service (hereinafter the Service), a software solution provided in SaaS mode (Software as a Service). DemyTix is a product published and operated by Appogée Sàrl (a limited liability company under Swiss law), whose registered office is located at Chemin de Paudex 5, 1132 Lully, Switzerland, registered in the commercial register under UID number CHE-340.224.808 and subject to VAT under number CHE-340.224.808 TVA (hereinafter Appogée Sàrl or the Publisher, hereinafter referred to as DemyTix). The Service makes it possible to digitize expense supporting documents (receipts, tickets and invoices), to automatically extract the data therefrom by means of character recognition and artificial intelligence processing, and then to synchronize this data with the Bexio accounting software.

The Service is exclusively intended for a professional clientele (companies, self-employed persons and fiduciaries) acting in the course of their business. It is not offered to consumers within the meaning of consumer law, and the Client acknowledges that it is subscribing for professional purposes.

Together with the chosen subscription plan and the documents to which they refer (in particular the Privacy Policy and the Terms of Use), the GTCS constitute the entire agreement between DemyTix and the client (hereinafter the Client). By subscribing to a plan, or by continuing to use the Service beyond the trial period, the Client declares that it has read these GTCS and accepts them without reservation. The Client acting in the course of its professional activity acknowledges that these GTCS apply to the exclusion of its own purchasing conditions.

The Service is provided as is and evolves continuously. DemyTix reserves the right to add, modify or withdraw features in order to improve the Service, to take account of technical or regulatory developments, or to respond to security constraints. Changes that do not substantially alter the purpose of the subscription are implemented without any particular formality.

2. Subscription, pricing and billing

The Service is offered under several subscription plans, comprising a free plan (a basic offering with limited features and quota) and paid plans offering extended quotas and features. The characteristics and prices of each plan are those displayed on the subscription page at the time of subscription. Prices are stated in Swiss francs (CHF) and exclusive of tax (excl. VAT). Value added tax (VAT) is added where applicable, at the statutory rate in force. Appogée Sàrl is subject to VAT under number CHE-340.224.808 TVA.

Paid plans may be preceded by a free trial period of fourteen (14) days, allowing the Client to evaluate the relevant features without commitment. At the end of this trial period, and failing cancellation before its expiry, the paid subscription continues automatically and the first payment becomes due. The Client may end the trial at any time before its expiry from its management area, free of charge.

The paid subscription is billed in advance, per period (monthly or annually depending on the plan chosen), and is tacitly renewed for successive periods of the same duration, unless cancelled under the conditions of Article 10. Payment is made by the means offered in the application, via the payment provider. In the event of failure to pay when due, DemyTix reserves the right to suspend access to the paid features after a reminder has remained without effect, without such suspension giving rise to any entitlement to compensation. Any change in price is communicated to the Client before it takes effect and only takes effect from the following billing period.

The Client may change plan at any time from its management area. Moving to a higher plan (upgrade) takes effect immediately, the price being adjusted pro rata where applicable. Moving to a lower plan (downgrade) does not give rise to any refund of the current period and takes effect at the end of the current billing period: the Client retains access to its current plan and its quotas until that expiry, the new plan applying to the following period.

3. Access to and operation of the service

For the duration of the subscription, DemyTix grants the Client a personal, non-exclusive and non-transferable right to use the Service, in the course of its business and within the limit of the number of users and quotas provided for by its plan. This right is granted for the sole duration of the subscription and confers on the Client no ownership right in the Service, its code, its interfaces or its brand.

The Client shall refrain from using the Service for unlawful purposes, from attempting to access it in an unauthorized manner, from decompiling it or reverse-engineering it, from reselling it or making it available to third parties other than the members it legitimately invites into its workspaces, or from placing abnormal demands on its infrastructure (abusive automation, deliberate overload). The detailed framework of authorized and prohibited uses is set out in the Terms of Use.

The Service and the Client's data are hosted in Switzerland, with the Swiss host Infomaniak (https://www.infomaniak.com), subject to the technical diagnostics referred to in the Privacy Policy. DemyTix implements reasonable technical and organizational measures to ensure the availability, security and integrity of the Service. The Service is provided under a best-efforts obligation: DemyTix does not guarantee uninterrupted availability and may carry out maintenance operations, scheduled as far as possible outside business hours. The operation of the Service also depends on third-party providers (hosting, payment provider, artificial intelligence provider for extraction, and the Bexio interface), whose interruptions or malfunctions are not attributable to DemyTix.

4. Quotas (seats, client spaces, scans)

Each subscription plan defines usage limits covering three dimensions: the number of seats (authorized users), the number of client spaces (workspaces) and the number of supporting-document digitizations (scans) per billing period. The scan counter is reset at the start of each new period, while the seat and client-space limits are assessed at all times. The quotas associated with each plan are indicated on the subscription page.

Each plan also determines the data history window, that is, the length of time during which data remains viewable within the Service: entry-level plans offer a limited history (for example three months), while higher plans offer an extended history or unlimited retention. The applicable window is indicated on the subscription page.

A scan corresponds to one supporting document (ticket, receipt or invoice) that has been digitized and analyzed. A file means the item uploaded in a single operation, whether a photograph or a PDF file; a photograph counts as one page, whereas a PDF file counts as many pages as it contains. Each supporting document identified in a file is counted as one scan: thus, a photograph combining five tickets is counted as five scans.

This per-document count is supplemented by a minimum count based on pages, which can only ever apply to a file of several pages: a file is counted as at least one scan for every five pages started, so that a five-page file corresponds to one scan and a six-page file to two scans. Where both measures apply, the greater governs: a twenty-five-page PDF file containing a single invoice is counted as five scans, whereas the same file containing thirty invoices is counted as thirty scans. Since a photograph counts as one page only, its minimum count is always one scan and the number of supporting documents it contains remains the sole determining factor.

When a file is uploaded from the application, the minimum count applicable to that file, derived from its number of pages, is displayed to the Client before that file is sent for analysis. That figure is a minimum and not a final count: since the number of supporting documents contained in a file is known only once the analysis is complete, the count ultimately applied follows the number of supporting documents identified whenever that number exceeds the minimum displayed. By sending the file once that figure has been displayed, the Client expressly accepts that the final count may exceed it, the number of supporting documents contained in the file not being ascertainable before the analysis. Supporting documents may also be transmitted to the Service by sending them to the email address specific to the Client's workspace; that route involves neither an upload screen nor a prior confirmation, no display of the count being possible there. A Client who uses that address accepts, by that fact alone, that the files so received are counted in accordance with the rules of this article, which are restated in the application at the place where the workspace email address is displayed.

When the quota is reached, DemyTix invites the Client to move to a higher plan in order to continue digitizing. No scan beyond the quota is billed without the Client's prior agreement, which takes one of the following four forms: a change of plan, an option expressly accepted, the sending of an uploaded file once its minimum count has been displayed, or the use of the workspace email address in respect of the supporting documents transmitted by that means. DemyTix reserves the right to regulate uses that are manifestly disproportionate or fraudulent in relation to the subscribed plan.

5. Data and confidentiality

The processing of personal data within the framework of the Service is described in detail in the Privacy Policy, which forms an integral part of these GTCS. The Client acknowledges having read it and recognizes that the data it uploads and the data extracted therefrom are hosted in Switzerland (with the Swiss host Infomaniak) and are not shared with any third party for commercial or advertising purposes, subject only to the artificial intelligence extraction described below.

For the purpose of automatically extracting information from a supporting document (amount, date, supplier, VAT and other fields), the image of the supporting document is transmitted to the Claude artificial intelligence model, provided by the company Anthropic, via its application programming interface (API). Under Anthropic's terms applicable to this API, the data transmitted is not used to train its models and is deleted by Anthropic within thirty (30) days of receipt; only a request flagged by its automated abuse detection may be retained longer. DemyTix's guarantee nonetheless stops where Anthropic's stops: DemyTix cannot be held liable for any improper use of the data by Anthropic, nor for any data breach attributable to Anthropic.

The Client remains responsible for retaining its own original supporting documents in accordance with its legal and accounting obligations, in particular the ten-year retention obligation provided for by Article 958f of the Code of Obligations. The Service allows the export of data and associated images at any time. DemyTix carries out regular backups for the purpose of service continuity, without these substituting for the Client's archiving obligations.

6. Bexio integration

The Service offers synchronization of the extracted data to the Bexio accounting software, carried out by means of the official application programming interface made available by Bexio. This integration assumes that the Client has a valid Bexio account and that it expressly authorizes the connection between its DemyTix space and its Bexio account.

Bexio is an independent third-party service, operated by a separate publisher, and subject to its own terms. DemyTix exercises no control over the availability, changes or pricing of Bexio, and cannot be held liable for any interruption, modification or removal of the Bexio interface that would affect synchronization. The Client remains solely responsible for verifying and validating the accounting entries before their final recording in Bexio.

7. Intellectual property

All the elements making up the Service (the DemyTix brand, logos, interfaces, texts, structure, database, source and object code) are protected by intellectual property law and remain the exclusive property of DemyTix or its licensors. The subscription confers on the Client only a limited right of use, under the conditions described in Article 3, to the exclusion of any transfer of ownership.

The Client retains full ownership of the supporting documents it uploads and of the data extracted therefrom. It grants DemyTix only the rights strictly necessary for the hosting, processing and return of this content within the framework of the provision of the Service, for the duration of the subscription and the time required for export after cancellation.

8. User responsibilities

The Client is solely responsible for the content it uploads to the Service and warrants that it holds the necessary rights over it and that its processing is lawful. It undertakes not to upload content that is unlawful, fraudulent or that infringes the rights of third parties, and to comply with its tax, accounting and document-retention obligations.

The Client is responsible for the accuracy of the data it validates and transmits, in particular to Bexio. Automatic extraction by character recognition and artificial intelligence constitutes an aid to data entry: it may contain errors or inaccuracies that the Client must check before validation. DemyTix cannot be held liable for the consequences of an erroneous entry validated by the Client.

The Client is also responsible for managing access to its workspaces, for the confidentiality of credentials and for the actions carried out by the members it invites. It shall inform DemyTix without delay of any unauthorized use of its account.

9. Limitation of liability

DemyTix provides the Service under a best-efforts obligation and exercises reasonable diligence to ensure its proper functioning. Within the limits permitted by applicable law, DemyTix's total liability, across all heads of loss combined, is capped at the amount actually billed to the Client in respect of the subscription during the twelve (12) months preceding the event giving rise to the damage.

Under no circumstances shall DemyTix be held liable for indirect or intangible damages, such as loss of operations, loss of turnover, loss of profit, loss of clientele, loss of data or financial loss, resulting from the use of or the inability to use the Service. Also excluded is DemyTix's liability for matters attributable to third-party providers, in particular the host, the payment provider, Bexio or the artificial intelligence provider mentioned in Article 5.

With regard specifically to the artificial intelligence extraction processing, DemyTix's liability stops where Anthropic's guarantee stops: DemyTix is not answerable either for any improper use of the data by Anthropic, or for any data breach caused by Anthropic's fault. Finally, neither party shall be held liable for a failure resulting from a case of force majeure within the meaning of Swiss law (in particular natural disaster, large-scale cyberattack, widespread network failure or decision of an authority), for the duration of the impediment. These limitations do not apply in the event of intentional fault or gross negligence, nor where the law prohibits them.

10. Cancellation

The Client may cancel its subscription at any time from its management area. Cancellation takes effect at the end of the current billing period, without pro rata refund of the period begun, unless a mandatory legal provision provides otherwise. No renewal occurs beyond the term thus set.

DemyTix may suspend or terminate the Client's access in the event of a serious breach of these GTCS or of the Terms of Use, in particular in the event of unlawful use of the Service, persistent failure to pay or a breach of infrastructure security, after formal notice has remained without effect where the nature of the breach so permits.

In the event of cancellation of a paid subscription, the Client's account reverts to the free plan: the Client retains access to its account and its data within the limits of that plan, in particular its data history window (see Article 4). Data is not automatically deleted as a result of the cancellation. The Client may at any time export or delete its data from its space; permanent deletion occurs at the Client's request or upon the closure of its account. Appogée Sàrl nonetheless remains obliged to retain the billing documents it has sent to the Client for the statutory accounting retention period (ten years, Article 958f of the Code of Obligations); the supporting documents and the data extracted therefrom, which pertain to the Client's accounting, are not subject to this obligation on DemyTix's part and are deleted at the Client's request. Temporary technical backups are purged within a reasonable time.

11. Final provisions

DemyTix reserves the right to modify these GTCS in order to take account of changes to the Service, whether technical, economic or regulatory. Any substantial change is communicated to the Client by email or via the application, before it takes effect. Continued use of the Service after that entry into force constitutes acceptance of the amended GTCS; failing acceptance, the Client may cancel its subscription under the conditions of Article 10.

If any of the provisions of these GTCS were declared void or unenforceable, the other provisions would retain their full force. The fact that DemyTix does not avail itself of a breach shall not constitute a waiver of its right to avail itself of it subsequently.

These GTCS 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.

12. Provisions specific to purchases via the Apple App Store

Where the Client subscribes from the DemyTix iOS application, the sale is made through the Apple App Store. Apple then acts as the seller: the price is charged to the Client's Apple account and Apple issues the corresponding receipt. By derogation from Article 2, no invoice is issued by DemyTix for those payments, and the applicable price is the one displayed by the App Store, which may differ from the price displayed on the website because of the commission charged by Apple.

The subscription renews automatically for successive periods of the same duration, unless auto-renewal is turned off at least twenty-four (24) hours before the end of the current period; the Client's Apple account is charged within the twenty-four (24) hours preceding the end of each period. By derogation from Article 10, cancellation is carried out exclusively from the settings of the Client's Apple account, DemyTix having no technical means of cancelling such a subscription. Cancellation causes no loss of data: the Client's account reverts to the free plan under the conditions of Article 10.

These GTCS are concluded between the Client and Appogée Sàrl only, to the exclusion of Apple. Appogée Sàrl alone is responsible for the DemyTix application and its content, and for its maintenance and support; Apple has no obligation in that respect.

The licence to use the iOS application is personal and non-transferable. It is limited to use of the application on Apple-branded devices that the Client owns or controls, in accordance with the Usage Rules of the App Store Terms of Service.

In the event that the application fails to conform to any applicable warranty, the Client may notify Apple, which will refund the purchase price of the application, if any. To the extent permitted by applicable law, Apple has no other warranty obligation in respect of the application.

Appogée Sàrl, and not Apple, is responsible for addressing any claim of the Client or of a third party relating to the application, in particular as regards product liability, failure to conform to a legal or regulatory requirement, and consumer protection. Appogée Sàrl is likewise responsible for any claim that the application infringes a third party's intellectual property rights.

The Client represents that it is not located in a country subject to an embargo by the Swiss authorities or by the authorities of the United States, and that it does not appear on any list of persons or entities subject to restrictive measures. The Client further undertakes to comply with the applicable terms of any third-party services it uses in connection with its use of the application.

Apple and its subsidiaries are third-party beneficiaries of this Article and may enforce its provisions against the Client. Any question or complaint relating to the application may be addressed to Appogée Sàrl at contact@demytix.com.