General terms and conditions of business of VISYT Digital AG

Valid from October 1, 2020

1. Introduction

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between you and VISYT Digital AG (hereinafter referred to as "VISYT") regarding the use of offers (hereinafter referred to as "Offer") available through VISYT. Deviating General Terms and Conditions of the User will not be accepted unless VISYT expressly agrees to their validity in writing.

VISYT offers users the possibility to access the services included in the VISYT offer.

In order to use the services of VISYT, a credit card must be used.

2. Offer description, technical requirements

VISYT offers the possibility to read information from a database using a QR Code, which is provided within the offer and which is included in the subscription. As long as the subscriber has an active subscription, you will have unlimited access to the database.

VISYT allows access to existing data according to a license agreement with the respective rights holders. In doing so, VISYT always endeavors to ensure continuous operation. Nevertheless, it is possible that certain options, information or types of access to the existing database may be removed (e.g. due to expiration of the respective license agreement with the rights holder). Users therefore recognize and accept that they have no claim to the availability of the existing data.

2.1 Minimum technical requirements

In order to access and use the VISYT Service as intended, you must meet minimum technical requirements, such as an Internet connection. The minimum technical requirements for the use of the service can be found here.

To use the VISYT Service, you must also download the free VISYT App and install it on your device. For further details, please refer to 4.1.

VISYT reserves the right to change the technical requirements from time to time in the light of technological progress. We will inform you about such changes according to section 17 of these GTC.

The costs of the devices used for the use of the offer, as well as any costs for the internet connection, including any data transfer fees charged by the mobile phone provider, are not included in the offer price.

3. Types of subscription

VISYT offers different types of subscriptions that allow you to access the offer. The subscription types may change from time to time.

Information about VISYT's currently offered subscription types can be found at www.visyt.me. The specific terms and conditions of each subscription are part of the agreement between VISYT and you and supplement these General Terms and Conditions. If the specific conditions of the subscription differ from the provisions of these General Terms and Conditions, the respective conditions shall prevail.

Unless otherwise stated in the specific terms and conditions of a subscription, you may choose which subscription form you wish to subscribe to and you may switch to another subscription form at any time. If you change to a subscription form with a higher cost, the upgrade will be performed immediately after the change. However, you will only pay the higher costs from the next payment date. If you switch to a lower price subscription form, you keep your existing subscription for the time you have already paid for it, and the new subscription is only valid from the next billing period.

In addition, VISYT offers special subscriptions at its own discretion, for example in temporary marketing campaigns or in cooperation with companies or organizations. Such special subscriptions are subject to different terms of use, which you will be informed about in connection with the respective subscription.

4. Contract conclusion, VISYT App

To conclude a subscription contract, you must first create a user account ("My Account") at www.visyt.net. To create the user account, you must provide the following information: Name, surname, e-mail address, address, password. You must also select a payment method. However, we do not collect payment information.

After that you have to choose one of the available subscriptions and confirm your choice. Before you are obliged to pay the subscription fee by purchasing the subscription, you can change your entries at any time by returning to the corresponding step of the order process using the "change" or "back" commands provided for this purpose.

To complete the purchase, you must review your selection, accept our terms and conditions and any other terms and conditions provided, and read our privacy policy. Afterwards you confirm the purchase and commit yourself to pay the intended fee.

Immediately after completing the order process, you will receive a confirmation to the e-mail address you provided during registration.

4.1 VISYT App

You will receive access to the VISYT service immediately after confirmation of your order. You can download and install the VISYT app free of charge from the most popular app stores (e.g. Google Play Store, Apple App Store). Please note that the terms of use and contract of the respective App Store apply.

5. Trial subscription, start of the paid subscription

If the subscription you have purchased includes a free trial period (hereinafter referred to as "Trial Subscription"), you will have the opportunity to test all features of the subscription you have selected free of charge during the trial period.

The duration of the trial subscription is determined by the available voucher code. The expiration date of the trial subscription is also specified during the ordering process and in the order confirmation.

Users are not entitled to a free trial period.

5.1 Start of the paid subscription

After the trial subscription has expired, the subscription you ordered will be continued with costs. If you do not wish to do so, you can cancel the subscription via your user account ("My data") at www.visyt.app until the last day of the free trial period.

6. Right of revocation

Unless you have effectively waived your right of revocation, you are entitled to the Swiss legal right of revocation as follows:
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (VISYT Digital AG, Sempacherstrasse 15, CH-6003 Lucerne, Switzerland, or e-mail: mail@visyt.net) by means of a clear statement (e.g. a letter, homepage or e-mail sent by post) of your decision to revoke this contract.

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back).

To VISYT Digital AG, Sempacherstrasse 15, CH-6003 Luzern, Switzerland, or e-mail mail@visyt.net:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of communication on paper)

Date

(*) Delete as applicable

7. Term and billing

VISYT subscriptions run for an indefinite period of time, unless a time limit has been explicitly agreed upon.

The costs of the subscription result from the respective offer description and the order confirmation and are due for payment 30 days in advance. The first billing period starts on the day of the conclusion of the contract or, if a trial subscription is provided for, from the first day after the end of the trial subscription.

Depending on country-specific regulations, an additional value-added tax is due. Any fees for data traffic via the Internet or mobile network are not included in the costs.

VISYT reserves the right to change the costs for the different subscription types, as well as to introduce new subscription types or change existing subscription types according to the provisions of section 17.

8. Payment

You can pay the cost of your subscription using one of the payment methods listed on www.visyt.net. When you register your personal account at www.visyt.net, you must select a payment method and update it if necessary, for example, if a card you have registered expires or is blocked.

You can also pay for your subscription by redeeming gift certificates. If you wish to continue your subscription after the period paid for by a gift certificate has expired, you must redeem additional gift certificates or select a payment method that can be charged for the cost of the selected subscription type. If you redeem a Gift Certificate to pay for the cost of an existing subscription, the charge to the payment method you deposited will be suspended during the period covered by the Gift Certificate.

If you pay by credit card or direct debit, you must ensure that the necessary funds are available in your bank account to which your card or direct debit is linked, so that VISYT can receive a payment on each payment day.

If VISYT is not able to debit your means of payment on the scheduled settlement day for reasons beyond VISYT's control, VISYT reserves the right to block your subscription. Other or further claims of VISYT remain unaffected.

If VISYT has blocked your subscription, you will receive a notification by e-mail to the e-mail address stored in your account. If you then allow VISYT to pay without delay, VISYT will unblock your subscription and reactivate it. Any refund claims regarding the period for which your subscription was blocked are excluded. For further information on how to unlock your subscription, please contact customer service.

Receipts for your payments will be made available on your account at www.visyt.net and can be downloaded and printed from there.

9. Cancellation

You can cancel your unlimited subscription at any time via your user account on www.visyt.me. You may also cancel your subscription by contacting VISYT in another way.

If the cancellation is received at least 2 days before the next billing day, it will become effective at the end of the current billing period. In any case, you may continue to use your subscription without restrictions until the day the cancellation becomes effective. After the termination takes effect, your subscription and the content it contains will no longer be available to you.

The right of extraordinary termination remains unaffected in any case.

10. Cancellation by VISYT

VISYT has the right to terminate your subscription without notice if

(i) VISYT cannot receive the payment based on the payment details you have registered in your personal account on www.visyt.me

(ii) you or a member of your company covered by your subscription have violated any material provisions of these T&C; or

(iii) you or a member of your company covered by your subscription violates or contributes to a violation of intellectual property rights of VISYT, licensors or other affected third parties.

After termination of the subscription according to point (i), you may reactivate your previous subscription if you change or update your payment method and inform VISYT thereof before your account is deleted.

If VISYT has reason to believe that the circumstances listed in point (ii) or (iii) exist, VISYT is entitled to suspend your subscription until the circumstances are investigated.

If VISYT discontinues its own offer or decides to change the offer or the conditions applicable to it to a significant extent, VISYT reserves the right to terminate your subscription with a notice period of three months.

The confirmation of the termination of your subscription will be sent to your e-mail address that you have entered in your personal account on www.visyt.net.

11. Availability and liability

VISYT's service is normally available around the clock, seven days a week. However, the service may be limited or interrupted in connection with planned upgrades and maintenance work.

You agree that unplanned interruptions of the service may occur due to technical errors or incorrect handling and that the service is not free of bugs and other errors.

You agree that your subscription only entitles you to use the Service as it is designed at the time of use.

11.1 Liability

Claims for damages are excluded. Excluded from this are claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by VISYT, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

In the event of a breach of material contractual obligations, VISYT is only liable for the foreseeable damage typical for the contract, if caused by simple negligence, unless claims for damages resulting from injury to life, body or health are concerned.

The above limitations also apply in favour of the legal representatives and vicarious agents of VISYT, if claims are made directly against them.

The provisions of the Product Liability Act remain unaffected.

12. Complaints

If you wish to complain about VISYT's services, you should do so immediately after you become aware of the fact or circumstances underlying the complaint - in any case no later than three months after the circumstances occur. Complaints can be submitted orally or in writing to VISYT Customer Service.

Your legal right to assert your claims in court or before a court of law remains unaffected.

13. Personal data

VISYT collects, processes and stores personal information in accordance with the VISYT data protection regulations. By accepting these General Terms and Conditions, you agree that your personal data will be processed according to the General Terms and Conditions and the Privacy Policy of VISYT. In this context, you agree in particular that VISYT may send you contractually relevant messages (e.g. notices of termination, billing information, etc.) by letter, telephone, e-mail, in-App messages or messages in your user account.

After termination of your subscription, your account will be paused for a period of two years. This means that you will have the same personal information and user history associated with your account (e.g., visitor lists) if you sign up for the service again during these two years. If you do not want the account to be paused, you can contact VISYT Customer Service and request that your account be deleted before the two-year period expires.

14. Permitted use, rights of use, indemnification

You can voluntarily add a photo to your profile, which will be displayed next to your name in the reviews you write.

14.1 Rights of use

VISYT grants you a simple, limited right of use, revocable at any time, of the content available via VISYT exclusively for personal, non-commercial or commercial purposes. This right of use is valid as long as the contract between you and VISYT is in force and the applicable terms and conditions are fully complied with.

Furthermore, this agreement does not grant you any rights to use the content available via VISYT.

14.2 Indemnification

You are obliged to indemnify VISYT on first demand from all claims asserted against VISYT due to or in connection with your use of the offer. This also applies to - but not limited to - all reasonable costs incurred by VISYT for the defence against such claims (e.g. attorney's fees).

15. Your user account

Your account on www.visyt.net or on the VISYT app is strictly personal. You are obligated not to disclose your user name and password to third parties and to keep them in a safe place so that third parties cannot access them without authorization. If you share your terminal device with one or more other persons, you should always log off after using the service.
Furthermore, you agree to keep all data and information stored in your user account up to date.

16. Force Majeure

VISYT is not liable for interruptions or errors in the provision of services which depend on circumstances for which VISYT is not responsible and which VISYT could not reasonably foresee and whose consequences VISYT could not reasonably avoid or overcome.

17. Changes to these General Terms and Conditions

VISYT reserves the right to change these General Terms and Conditions. VISYT is obliged to inform you at least 30 days prior to the effective date of the amendment of these General Terms and Conditions by e-mail to the address stored in your user account. If you object to the changes, your subscription is terminated on the day the changes become effective. If you do not object to the changes, the changed terms and conditions will apply from the date indicated in the e-mail.

The offer is provided by VISYT. VISYT has the right to transfer rights and obligations under these Terms and Conditions, in whole or in part, the Service and your subscription to a third party. Furthermore, VISYT is also entitled to assign or pledge payment claims to third parties and to subcontract parts of the Service to subcontractors.

18. Kontaktdaten

VISYT Digital AG is a Swiss corporation with the company identification number CHE-115.230.443 and has the following contact information:

address: Sempacherstrasse 15, CH-6003 Luzern
Website: www.visyt.app
E-mail: mail@visyt.app
Phone: +41 79 342 09 58

Service hours of our customer service hotline can be found at www.visyt.me.

19. Applicable law and dispute resolution

These general terms and conditions are subject to Swiss law. Any consumer protection rights to which you are entitled under the mandatory laws of your country of residence remain unaffected.

Should any of the provisions in these General Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions of the General Terms and Conditions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

If a dispute arises between VISYT and you, the European Commission offers all consumers and companies the possibility to settle disputes in an online procedure, see http://ec.europa.eu/consumers/odr/.

In case of a dispute between you and VISYT, the parties will first try to reach a mutual out-of-court settlement. The right to enforce their own claims in court remains unaffected in any case.


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