General Terms and Conditions
Last updated: 15 April 2026
Legal Disclaimer: The only legally binding version of these terms is the French version. In the event of any ambiguity or dispute, the French version shall prevail.
These General Terms and Conditions ("GTC") govern access to and use of the platform made available by Suimoa Sàrl, headquartered in Lausanne and registered in the commercial register under number CHE-308.878.657 (the "Company"), accessible via the website at https://www.suimoa.com/ and via the mobile application available on iOS and Android (together, the "Platform").
These GTC, where applicable together with any specific conditions applicable to certain features of the Platform, any booking or cancellation policy accessible on the Platform (the "Booking Conditions"), and any annexes thereto (an "Annex"), constitute an agreement (the "Agreement") between the Company and any person accessing the Platform, whether as a user (the "Traveler") or as a guide (the "Guide"; the Guide and the Traveler are each a "User", and together with the Company, a "Party").
Important: Suimoa operates a matchmaking platform enabling Travelers to book services offered by independent Guides. As such, any booking gives rise to a contract formed directly between the Guide and the relevant Traveler. The Company is not a party to that contractual relationship.
1. Definitions
Capitalized terms in these GTC have the meanings assigned to them herein.
2. Scope and Acceptance
2.1 General
These GTC govern access to and use of the Platform by Users, which enables Travelers to book services offered by independent Guides, in accordance with the terms of the Agreement.
The services offered on the Platform are provided directly by the Guides, under their sole responsibility, the Company acting exclusively as operator of the Platform.
The services offered via the Platform are exclusively tourist guide services, namely tours, excursions, and cultural or local activities of less than 24 hours, without accommodation. Any service involving an overnight stay or accommodation is excluded. The Platform is not intended to serve as a dating platform or for personal or relational purposes unrelated to its purpose.
2.2 Provision
The Platform is accessible exclusively online. The Company makes the Platform available for the purpose of connecting Travelers and Guides. The services offered via the Platform are performed directly by the Guides, according to the terms agreed between them and the Travelers. The Company is not obliged to provide any services other than those expressly provided for in the Agreement.
2.3 Acceptance
Any User agrees to be bound by these GTC upon accessing the Platform. The creation of an account, the booking of a service, or more generally, any use of the Platform constitutes express acceptance of the Agreement.
Where the Platform is used on behalf of a legal entity, any natural person acting on its behalf declares that they have the necessary authority to validly bind said legal entity, which is therefore deemed bound by the Agreement.
3. Right of Access and Use
3.1 General
Subject to compliance with these GTC, the Company grants the User a limited, revocable, non-exclusive, and non-transferable right to access and use the Platform for their own needs, in accordance with these GTC.
Users are prohibited from using the Platform on behalf of or for the benefit of third parties, making it available to third parties, or enabling access to it for unauthorized commercial purposes, without the prior written consent of the Company.
3.2 Account and Accuracy of Information
To use the Platform, the User must create an account by providing the information required during registration, including a valid email address and a username. Additional information may be requested depending on the type of account, particularly for Guides, including identification details, information about their activity, and profile content such as a photograph.
The User warrants the accuracy, completeness, and truthfulness of the information provided and undertakes to keep it updated so that it permanently reflects their current situation.
Each User may only create one account on the Platform. The creation of multiple accounts is prohibited. The Company reserves the right to deactivate duplicate accounts without notice, compensation, or refund of any prepaid amounts.
3.3 Identity Verification
The Company may, at any time, request a User to provide a valid identity document or any other document enabling verification of their identity, in connection with its legal obligations or for security reasons. Failure to respond or the provision of invalid or fraudulent documents may result in the suspension or deletion of the relevant account.
3.4 Certified Guide Status
The Company may award certain Guides a Certified Guide status where they have provided and had validated by the Company the required documents (including an identity document, proof of professional qualification, or any other document deemed relevant by the Company). This status is indicated on the relevant Guide's profile.
The Company does not guarantee the skills, quality, or conduct of Certified Guides. Certified Guide status merely attests that the documents provided were reviewed by the Company at the date of their validation, and not that the Guide meets any particular quality criteria.
The Company reserves the right to withdraw Certified Guide status at any time, in particular in the event of non-compliance of the documents provided, a change in the Guide's circumstances, or a breach of these GTC, without notice or compensation.
3.5 Limited Licenses
Where provided for by the Company, certain features of the Platform may be made available free of charge, on a temporary or experimental basis, in particular for evaluation, testing, or improvement purposes. In this context, the Company may allow certain Users to access so-called trial features or beta versions.
Trial features are made available for a limited period and for evaluation purposes only. They may be modified, restricted, or removed at any time without notice.
Beta features correspond to new or in-development features that may contain limitations, errors, or malfunctions. Their use is at the User's own discretion.
These features are provided "as is" and "as available", without any warranty or commitment regarding availability, maintenance, or support. The Company disclaims any liability in connection with their use and reserves the right to modify, suspend, or permanently discontinue them at any time, without notice or compensation.
All provisions of these GTC remain applicable to the use of these features.
3.6 Developments
Any additional feature, modification, evolution, update, correction, or improvement to the Platform made available by the Company automatically forms part of the Platform, unless expressly stated otherwise by the Company.
3.7 Changes
The User acknowledges that the Company may, at any time, modify the Platform, including its interface, features, or content, as it deems appropriate. The Company also reserves the right, at its sole discretion and without restriction, to modify, limit, or remove any content or feature of the Platform.
4. Credentials
4.1 User Credentials
Platform access credentials are personal and may only be used by the User to whom they have been assigned. The User undertakes not to share, assign, or make them available to third parties.
4.2 Confidentiality
The User is entirely responsible for the confidentiality of their Platform access credentials and undertakes to immediately notify the Company of any loss, unauthorized use, or suspected fraudulent access to their account. The User remains responsible for any activity carried out from their account until its effective deactivation.
5. Availability, Maintenance, and Other Services
5.1 Platform Availability
The Company endeavors to ensure satisfactory availability of the Platform, without however guaranteeing uninterrupted or error-free access.
5.2 Maintenance Services
In connection with the operation of the Platform, the Company endeavors to identify and correct malfunctions likely to affect its proper functioning or availability. To that end, it may, at its discretion, carry out maintenance operations, including corrections, updates, or improvements to the Platform.
5.3 Maintenance Windows
Maintenance operations are in principle carried out during periods of low traffic, in particular outside of usual usage hours, during which the Platform may be wholly or partially unavailable. The Company nevertheless reserves the right to carry out any maintenance operation at any time if deemed necessary.
5.4 Support Services and Additional Services
The Company may, at its discretion, provide technical support relating to the use of the Platform. Such support is provided without any guarantee of availability or response time and is, in principle, accessible during usual business hours, i.e., on weekdays between 9:00 a.m. and 6:00 p.m. (Swiss time).
The Company may also offer additional services related to the Platform. Such services may, where applicable, be subject to specific conditions and may be subject to separate fees.
5.5 Diligence
The Company provides the Platform with all skill and diligence reasonably expected, in accordance with applicable professional standards. It is bound by an obligation of means and not an obligation of result.
5.6 Scheduling
Where applicable, any timelines indicated on the Platform or communicated by the Company are provided for indicative purposes only. The Company does not guarantee any specific timeline.
5.7 Administrator Access
Authorized Company personnel may access User accounts and data for assistance, maintenance, security, and analysis purposes ("Administrator Access"). The User expressly acknowledges and consents to such Administrator Access, provided that: (i) it is exercised in strict compliance with the Company's operational needs and internal access control policies; (ii) the Company maintains a log of administrator accesses, available upon written request; and (iii) Administrator Access is subject to the confidentiality obligations set out in Section 14 and the data protection provisions set out in Section 13.
6. User Obligations
6.1 Payment of Fees
In consideration for use of the Platform, fees may be applicable in accordance with the terms set out on the Platform (the "Fees"). The Company collects a commission on the amounts charged by Guides for services booked via the Platform. This commission is set unilaterally by the Company and amounts to a maximum of 17% of the service price excluding taxes. It is included in the price displayed on the Platform or indicated separately.
Fees are paid in accordance with the terms set out in Section 11 of these GTC.
6.2 Promotions
The Company may, at its sole discretion and for a limited period, offer promotions to Travelers or Guides, including in the form of commission discounts, promotional codes, or special offers. Such promotions are governed by the specific conditions communicated at the time of their implementation and do not create any vested rights for Users for subsequent periods.
6.3 Compliant Use
The User undertakes to comply with, and to ensure compliance by any person acting on their behalf or for their account with, all laws and regulations applicable to access to and use of the Platform, these GTC, and any reasonable instructions communicated by the Company.
In particular, the User is prohibited from:
- (i) using the Platform for illegal, abusive, or immoral purposes;
- (ii) infringing third-party rights or posting inappropriate, misleading, or unlawful content;
- (iii) using the Platform for purposes unrelated to its object, in particular for personal meetings or unauthorized activities;
- (iv) copying, reproducing, modifying, distributing, or exploiting all or part of the Platform without authorization;
- (v) attempting to reverse-engineer, decompile, or discover the technical components of the Platform, including its algorithms or systems; or
- (vi) interfering with the proper functioning of the Platform, including by circumventing the security measures put in place by the Company.
6.4 Anti-Circumvention
Travelers and Guides are strictly prohibited from contacting, soliciting, or entering into arrangements directly with each other in respect of services identical or similar to those offered via the Platform, in particular with a view to circumventing the Platform's booking system and avoiding payment of commissions owed to the Company. This prohibition applies throughout the period of use of the Platform and for a period of twelve (12) months following the last booking made via the Platform between the relevant parties.
In the event of a breach of this provision, the Company reserves the right to suspend or delete the relevant accounts and to claim payment of commissions that would have been due to it.
6.5 Client Infrastructure
The User is responsible for having the equipment, software, and an adequate internet connection enabling them to access and use the Platform in good conditions.
6.6 Licenses and Authorizations
The User undertakes to obtain and maintain all authorizations, licenses, or qualifications necessary for the use of the Platform and, where applicable, for the provision or use of services offered via the Platform, in accordance with applicable laws and regulations. In particular, Guides undertake to hold any professional qualification, authorization, or license required by the regulations applicable to the exercise of their guiding activity.
6.7 Monitoring
The Company may implement monitoring tools to verify compliance with these GTC. In the event of a breach thereof or inappropriate conduct, the Company reserves the right, at its sole discretion, to suspend or restrict, temporarily or permanently, access to the Platform and/or to deactivate the relevant account, without prejudice to any other measures. The Company may also issue formal warnings prior to any suspension or deletion, at its sole discretion. In particular, any Guide whose conduct jeopardizes the safety, reputation, or proper functioning of the Platform may be subject to immediate suspension, without notice or compensation.
6.8 Breach
In the event of a breach by the User of their obligations under these GTC, the Company may suspend the performance of its own obligations and accepts no liability in this regard, without prejudice to its other rights under these GTC.
7. Bookings, Cancellations, and No-Shows
7.1 Binding Nature of Bookings
Any booking made and confirmed via the Platform constitutes a firm commitment between the Traveler and the relevant Guide, governed by the Booking Conditions applicable at the time of booking. The Company is not a party to that commitment.
7.2 Cancellations
The cancellation and refund terms applicable to each booking are defined in the Booking Conditions accessible on the Platform. By way of guidance, cancellation cases are handled as follows:
- (i) Cancellation by the Guide, regardless of the date: full refund to the Traveler, less any non-refundable fees possibly charged by the payment service provider;
- (ii) Cancellation by the Traveler: the refund terms are defined by the Guide in their service conditions, accessible on their profile, and may vary depending on the cancellation lead time before the service.
Details applicable to each type of service and each Guide are set out in the Booking Conditions.
7.3 No-Shows
The Company assumes no liability in the event of a no-show, whether by the Guide or the Traveler. The financial consequences of a no-show are governed by the applicable Booking Conditions. The Company may, at its sole discretion, attempt to facilitate the resolution of a dispute between a Guide and a Traveler, without being obliged to do so.
7.4 Insurance
The Company is not responsible for any physical, material, or non-material damage that may occur in the context of services offered by the Guides. It is the responsibility of each Guide to ensure that they have adequate professional liability insurance coverage for the exercise of their activity. The Company recommends that Travelers verify the applicable insurance conditions before making any booking.
8. Ratings and Reviews
8.1 Rating System
The Platform may allow Travelers to rate Guides and services performed, and Guides to rate Travelers, following a confirmed booking (the "Reviews"). Reviews are published on the relevant profiles and are visible to all Users of the Platform.
8.2 Content of Reviews
Reviews must be sincere, objective, and based on the actual experience of the service. It is prohibited to publish false, misleading, defamatory, personal, or service-unrelated Reviews. The Company reserves the right to remove any Review that does not comply with these conditions, without notice or compensation.
8.3 Liability for Reviews
The User who authors a Review assumes full responsibility for it. The Company does not systematically monitor published Reviews and cannot be held liable for their content.
8.4 Profile and Visibility
A Guide's profile is only visible on the Platform if they have uploaded a valid profile photo. If the profile photo is deleted, the Guide automatically loses their profile's visibility on the Platform until a new photo is uploaded and validated by the Company.
9. Content
9.1 Data Provided by Users
The User may transmit, publish, or make available content and information via the Platform (the "Data"). The User is solely responsible for such Data, including its accuracy, legality, and compliance with applicable laws and these GTC, and declares that they hold all rights, licenses, and authorizations necessary to use and make it available via the Platform.
9.2 User Content
The User declares and warrants that they hold all rights, licenses, and authorizations necessary to make any content available via the Platform (the "Content"). They further undertake not to publish, transmit, or make accessible via the Platform any unlawful, misleading, inappropriate, or GTC-noncompliant Content, including any offensive, pornographic, dangerous, or fraudulent content, or content containing viruses or any other element likely to damage the Platform or the rights of third parties.
9.3 Liability for Content
The Company processes Data and Content to the extent necessary for the operation of the Platform. It assumes no liability as to the accuracy, completeness, or legality of Data and Content made available by Users, who remain solely responsible for it.
The Company reserves the right to refuse, remove, or not process any Content or Data that it deems manifestly unlawful, contrary to these GTC, or likely to engage its liability, without this constituting a breach of its obligations.
9.4 Use of Content
The Company may use Content to the extent necessary for the operation, improvement, and development of the Platform, compliance with its legal obligations, enforcement of its terms and policies, and the security of the Platform.
10. Intellectual Property Rights (IPR)
10.1 Company IPR
The Company and its potential licensors retain all intellectual property rights relating to the Platform, including in particular its technical elements, software, interfaces, content, trademarks, designs, and all other components. No intellectual property rights are transferred to the User under these GTC; only a limited right of access and use is granted in accordance with these GTC.
Accordingly, the Company does not sell, assign, or transfer any intellectual property rights to the User, unless expressly stated otherwise.
10.2 User IPR
The User and, where applicable, their licensors retain all intellectual property rights relating to the Content. However, the User grants the Company a non-exclusive, worldwide, royalty-free, and transferable license, valid for the duration of the Agreement and 3 years following its termination, enabling the Company to use, reproduce, represent, adapt, and distribute the Content to the extent necessary for the operation, promotion, and improvement of the Platform.
In particular, Guides expressly authorize the Company to use the presentation videos they upload to the Platform for communication, marketing, and promotion purposes, by any means and on any medium, for the duration of the license defined above.
10.3 References and Communications
Unless expressly objected to by the User, the Company may use the name, designation, pseudonym, as well as profile elements and Content made available on the Platform, as a reference and for promotion or communication purposes relating to the Platform. Any specific use outside this scope, in particular in a press release or individualized public announcement, will require the prior consent of the relevant User.
10.4 General
The Platform may include content, tools, or components provided by third parties ("Third-Party Content"). Such Third-Party Content is subject to the conditions of the relevant third parties, which the User undertakes to comply with when using it. The Company cannot be held liable for such Third-Party Content or the conditions applicable to it, and endeavors, to the extent possible, to inform Users thereof on the Platform.
10.5 Open-Source Software
Nothing in these GTC shall limit or alter the User's rights and obligations arising from open-source licenses that may apply to certain components integrated into the Platform.
11. Financial Terms
11.1 Payment Terms
Amounts due are paid at the time of booking via the Platform, using the available payment methods. Payments are processed by Stripe, a third-party payment service provider, whose general terms and conditions are accessible on the Stripe website and which the User undertakes to comply with. The Company collects a commission on amounts charged by Guides, as defined in Section 6.1. Unless otherwise indicated, payments are due immediately.
11.2 Payments to Guides
The Company pays Guides the amounts owed to them, net of the commission defined in Section 6.1, via the payment methods available on the Platform, including Stripe and PayPal. These funds transit through the Company's bank account before being redirected to the payment platform chosen by the Guide.
It is the responsibility of each Guide to ensure, prior to registering on the Platform, that the selected payment method is available and usable in their country of residence. The Company cannot be held liable for the impossibility for a Guide to receive funds owed to them due to restrictions applicable in their country, limitations imposed by the relevant payment service provider, or incorrect information provided by the Guide. The Company merely transfers funds to the account or identifier provided by the Guide and cannot be held liable for any error or delay attributable to the Guide or the payment service provider.
11.3 Late Payments
Any amount due and unpaid at its due date may bear interest at the rate of 5% per annum. Access to the Platform is conditional upon effective payment of amounts due. In the event of default, chargeback, or payment incident, the Company may suspend or restrict access to the Platform, as well as deactivate the relevant accounts or features, without prejudice to its other rights.
11.4 Taxes
Guides set their rates on the Platform. The Company is not responsible for the tax treatment applicable to the services offered by Guides, who are solely responsible for determining, declaring, and paying any tax or charge applicable to their services.
11.5 Payment Methods
Payments are made via the Platform, using the available payment solutions, including by credit card. Transactions are processed by a third-party payment service provider. The Company is not a party to the payment transaction between the Traveler and the Guide and does not retain payment data. The Company is not responsible for malfunctions, interruptions, or errors attributable to the payment service provider.
11.6 No Set-Off
The User may not, without the prior written consent of the Company, offset or deduct any amount owed in connection with a booking against any sum that may be owed to them.
11.7 Fee Modifications
The Company reserves the right to modify the fees applicable on the Platform at any time, including by adjusting commissions, introducing new paid features, or modifying existing pricing terms. Such modifications apply to bookings made after their entry into force and do not affect already confirmed bookings. The Company also reserves the right to offer promotions or discounts on its own commissions, at its sole discretion and for a limited period.
12. Security
The Company may implement appropriate security measures, such as data encryption during transmission and regular backups, in order to protect data against loss, unauthorized access, use, or disclosure. Further information regarding data processing is set out in Section 13 below.
13. Data Protection
13.1 Privacy Policy
The Company makes available a privacy policy accessible on the Platform (the "Privacy Policy"), which describes how personal data is collected, used, and processed. The Privacy Policy supplements these GTC and is permanently accessible on the Platform. In the event of a conflict between these GTC and the Privacy Policy, these GTC shall prevail.
13.2 General
In connection with the use of the Platform, personal data may be processed, including data provided by Users or collected during use of the Platform (for example via cookies or analytics tools). The Company and Users undertake to comply with their respective obligations under applicable data protection laws.
13.3 Obligations of the Parties
The Company and Users undertake to comply with applicable data protection legislation.
13.4 User Obligations
Users undertake to ensure that any personal data they make available via the Platform is collected and processed in strict compliance with applicable data protection legislation. In particular, Users:
- (a) permanently hold a valid legal basis for the processing of such personal data, including, where applicable, obtaining the required consent of the data subjects; and
- (b) provide data subjects with appropriate information regarding the collection and processing of their personal data.
13.5 Liability
Users assume full responsibility for the personal data they make available or process via the Platform. They acknowledge and accept that they are solely responsible for the lawfulness of such processing and compliance with applicable legal obligations regarding data protection.
13.6 Transfer
By accepting these GTC, Users acknowledge and accept that personal data may be transferred to and processed on servers located outside their jurisdiction, including in countries that do not guarantee an equivalent level of protection. The Company undertakes to implement appropriate safeguards in accordance with applicable data protection laws.
13.7 Compliance Measures
The Company may forward to the relevant User any request, inquiry, or action from an authority or third party (including a data subject) relating to personal data made available via the Platform. The User is solely responsible for responding thereto in accordance with applicable law. If the Company is required to intervene, the User shall bear the costs reasonably incurred in that regard, including any legal fees. Requests relating to data processed directly by the Company are handled by the latter.
14. Confidentiality
14.1 Principle
Each Party undertakes to preserve the confidentiality of any information of a confidential nature to which it has access in connection with the Agreement. It takes all reasonable measures necessary to prevent any unauthorized access or disclosure thereof. This confidentiality obligation extends to their employees, agents, subcontractors, and any person acting on their behalf.
14.2 Exceptions
The confidentiality obligation does not apply to information that:
- (i) has entered the public domain without breach of these GTC;
- (ii) has been disclosed with the prior written consent of the relevant party;
- (iii) has been legitimately obtained from an authorized third party;
- (iv) has been independently developed without recourse to confidential information; or
- (v) must be disclosed pursuant to a legal obligation, at the request of a competent authority, or in compliance with a court order. To the extent possible, the relevant party is notified in advance of such disclosure.
14.3 Duration of Confidentiality Obligation
The confidentiality obligation set out in this Section 14 remains applicable after the cessation of use of the Platform.
14.4 Feedback
The Company is not obliged to treat as confidential any comments, suggestions, or feedback (the "Feedback") submitted by Users. Nothing in the Agreement limits the Company's right to use, exploit, modify, reproduce, disclose, publish, or retain such Feedback, without any obligation of compensation or attribution to its author.
15. Limited Warranty
The Platform is provided "as is" and "as available". To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, relating to the Platform and the services offered by the Guides, including any warranty of quality, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not warrant, in particular, that the Platform or the services offered will meet Users' expectations, will operate without interruption or error, will be free from defects, will remain compatible with third-party services or products, or will be permanently available or unchanged.
16. Limitation of Liability
16.1 Limited Liability
To the greatest extent permitted by applicable law, the Company's liability under these GTC, regardless of the legal basis, is excluded.
16.2 Exclusion of Liability
To the extent permitted by applicable law, the Company excludes any liability for simple negligence as well as for any damage, whether foreseeable or not, even if it had been informed of the possibility of such damage. Excluded in particular are any loss of use, business interruption, loss of revenue, profits (actual or anticipated), expected savings, opportunity, customers, or reputation, any loss, alteration, or corruption of data, costs related to replacement solutions, as well as any indirect, special, incidental, or consequential damage, regardless of its cause or legal basis.
Without limiting the foregoing, the Company is not responsible for:
- (i) the acts, omissions, or failures of Guides in connection with the services offered;
- (ii) no-shows, cancellations, or disputes between Guides and Travelers;
- (iii) the accuracy of information appearing on Guide profiles;
- (iv) malfunctions attributable to Stripe, PayPal, or any other third-party service provider; or
- (v) any physical, material, or non-material damage occurring in the context of a service.
16.3 Use of the Internet
The use of the Internet involves risks, including the fact that data may be intercepted, altered, or deleted. By using the Platform, Users acknowledge and accept these risks. To the extent permitted by applicable law, the Company disclaims any liability in this regard.
16.4 Cap on Liability
In any event, to the extent permitted by applicable law, the Company's total liability to a User for any damage resulting from these GTC is limited to the amount of commissions actually received by the Company in respect of the booking(s) giving rise to the damage, or, if the damage is not related to a specific booking, to the total amount of commissions received by the Company during the 3 months preceding the occurrence of the damage.
16.5 Other Persons
The exclusions and limitations set out in this Section 16 also apply to the Company's directors, officers, employees, agents, and auxiliaries.
17. Indemnification
17.1 Principle
Users undertake to indemnify and hold harmless the Company, as well as its directors, officers, employees, agents, and auxiliaries, from and against any liability, loss, damage, cost, or expense (including legal fees) resulting from (i) any breach of these GTC, (ii) any non-compliant use of the Platform, or (iii) any Content or conduct infringing third-party rights or contrary to applicable law.
17.2 Indemnification Procedures
In the event of a claim or proceeding brought against the Company in connection with a User's use of the Platform, the Company shall notify the User as soon as reasonably practicable and shall allow the User, to the extent permitted by applicable procedural rules, to participate in the defense and settlement of said claim or proceeding, with counsel of their choice and at their own expense.
18. Term and Termination
18.1 Entry into Force
These GTC enter into force upon acceptance by the User, in accordance with Section 2.3 above.
18.2 Term and Validity of the GTC
These GTC apply for the entire duration of use of the Platform by the User. Each booking made via the Platform constitutes a firm commitment between the Traveler and the relevant Guide, in accordance with the conditions applicable at the time of booking.
18.3 Suspension and Deletion of Account
The Company reserves the right to suspend or restrict access to the Platform, without notice, in the event of a breach of these GTC, abusive, fraudulent, or unlawful use, or where necessary for security or legal compliance reasons.
The Company may, at any time, deactivate or delete a User's account, in particular in the event of repeated or serious breaches of these GTC. It may also delete an account that has remained inactive for an extended period, subject to notifying the User in advance where reasonably possible.
Deletion of the account results in the cancellation of all pending or accepted bookings and the refund of Users. Suspension operates in an analogous manner for bookings taking place during the suspension period; those scheduled after the suspension period are not affected.
19. Miscellaneous
19.1 Independent Parties
The Company acts solely as a technical intermediary connecting Users. It is not a party to the contractual relationships entered into between Users and assumes no liability in that regard. Nothing in these GTC shall be interpreted as creating a relationship of agency, partnership, joint venture, or representation between the Company and the Users.
19.2 Subcontractors
The Company may engage third-party service providers for the operation and provision of the Platform. It remains responsible for compliance with its obligations under these GTC.
19.3 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations resulting from circumstances reasonably beyond its control (including natural disasters, conflicts, strikes, power outages, communication network failures, or similar events). This exemption applies only for the duration of the relevant event. The Company endeavors to limit its effects and, to the extent possible, notifies Users of its occurrence and the measures taken to address it.
19.4 Modification of the Agreement
The Company reserves the right to modify these GTC at any time. In the event of a material modification, it notifies Users by any appropriate means, including by email or via the Platform. Modifications take effect upon publication, unless otherwise indicated. Continued use of the Platform after modifications take effect constitutes acceptance of the new GTC. Modifications do not affect bookings already confirmed at the time of their entry into force.
19.5 Entire Agreement
The Agreement constitutes the entire agreement between the Company and the Users relating to the use of the Platform and supersedes all prior agreements, representations, or understandings relating to the same subject matter.
19.6 Order of Precedence
In the event of a conflict between these GTC and any other conditions applicable on the Platform, in particular conditions relating to a specific booking, the latter shall prevail for said booking.
19.7 Electronic Form
The terms "signature," "accept," or any similar term include electronic processes, including simple electronic signatures (for example via DocuSign or any equivalent provider), having the same legal value as a handwritten signature. The terms "in writing" or "written" also include communications by email or any other electronic means.
19.8 Non-Waiver
The failure of the Company to invoke, at any given time, a breach of these GTC shall not be construed as a waiver of its right to invoke such breach at a later date.
19.9 Assignment
The Company may assign or transfer all or part of its rights and obligations under these GTC to a third party, in particular in the context of a restructuring, merger, or sale of all or part of its business. The User may not assign their rights or obligations without the prior written consent of the Company.
19.10 No Third-Party Beneficiaries
These GTC do not confer any right, benefit, or recourse on third parties.
20. Governing Law and Jurisdiction
20.1 Governing Law
These GTC, as well as any use of the Platform, are governed by and construed in accordance with substantive Swiss law, excluding its conflict of laws rules.
20.2 Jurisdiction
Any dispute or disagreement relating to these GTC and/or the use of the Platform is subject to the exclusive jurisdiction of the ordinary courts of the Company's registered seat. Notwithstanding the foregoing, the Company reserves the right to seek interim measures or any other legal remedy in any jurisdiction in the event of an infringement of its rights, in particular its intellectual property rights.
Suimoa Sàrl, Lausanne, Switzerland
CHE-308.878.657