Terms

1. Scope and Subject Matter of the Platform

These Terms and Conditions (T&C) apply to all business relationships between you and Bonibo GmbH, Eggenacherstrasse 16, 4663 Aarburg, support@bonibo.ch (hereinafter: “we” or “us”) and you as a user of the application, platform or other digital services operated by us (hereinafter collectively: “Platform” or “Services”).

We reserve the right to amend these T&C at any time. The T&C valid at the time of registration, use of the Platform, booking of any paid function or other conclusion of a contract shall apply. In the case of continuing obligations or continued use, we will notify you of changes in an appropriate form. If you do not object within 30 days, these changes shall be deemed approved. If you object to the changes, we are entitled to terminate the contractual relationship with ordinary notice or to restrict or terminate your access to the Platform as of the date on which the changes enter into force.

These T&C also constitute the terms of use for the Platform and for all related functions and content.

Individual agreements concluded between you and us take precedence over these T&C. Your own terms and conditions, as well as any deviating or conflicting terms and conditions, do not apply in the relationship between you and us and are hereby expressly excluded.

2. Registration, User Account and Permissibility of Use

By creating a user account, using the Platform, booking any paid function or making use of our Services, you agree to the provisions of these T&C and to our Privacy Policy.

You expressly confirm that you are of legal age, that you are entitled to enter into legally binding contracts on your own behalf and that you will use the Platform exclusively within the limits of applicable laws. You are not entitled to create an account or use the Platform if you are under 18 years of age, are legally excluded from using it or have previously been excluded or blocked by us from using the Platform.

When registering your user account, you are obliged to provide your personal data truthfully, completely and accurately. You also undertake to keep your personal access data confidential and not to grant unauthorised third parties access. As a rule, only one user profile per person is permitted unless we expressly allow otherwise.

You may not create an account for another person, impersonate another person or provide misleading or inaccurate profile information. If you suspect that unauthorised third parties have gained access to your user account or that your account is being misused, please inform us immediately.

3. Legal Relationship and Paid Functions

A legal relationship between you and us arises when you create a user profile or user account on our Platform, book paid functions or otherwise accept an offer from us. The legal relationship comes into effect when the registration or booking form is submitted and the data is received by us, but no later than when your account is activated, a function is enabled or the provision of services begins.

The presentation of functions, services or any subscriptions on the Platform does not constitute a legally binding offer, but rather a non-binding invitation to use or book them. We reserve the right not to activate or to reject registrations, bookings or individual functions without stating reasons.

To the extent that the Platform includes free and paid functions, we generally have no claim to remuneration for free functions. For paid functions, in particular premium functions, subscriptions or additional services, the terms communicated during the booking process apply in addition to these T&C. If a subscription is concluded, it shall renew automatically for the corresponding term unless expressly stated otherwise, provided it is not cancelled in due time before the end of the current period. Subscriptions concluded via app stores are managed and cancelled through the respective settings of the relevant app store or payment provider.

Refunds are governed, to the extent that payment is made via an app store or other third-party provider, generally by the policies of the respective third-party provider. Except where mandatory statutory provisions or binding third-party provider policies apply, we are not obliged to grant direct refunds.

4. User Conduct and Prohibited Use

You undertake to use the Platform respectfully, carefully and in accordance with all applicable laws. You are obliged to respect and not infringe the rights of third parties at all times, in particular personality rights, data protection rights, copyrights, trademark rights and other third-party rights.

In particular, it is prohibited to create false profiles or impersonate another person; to harass, threaten, stalk, bully or intimidate other users; to publish or send insulting, discriminatory, sexualised, pornographic, extremist, violence-glorifying, illegal or otherwise impermissible content; to use the Platform for advertising, spam, commercial contact or other commercial purposes outside expressly permitted functions; to collect or extract personal data of other users outside the intended purpose of the Platform; to advertise or promote illegal activities; to circumvent or impair security measures; and to use automated systems, bots, scrapers or other technical means to query or use the Platform.

We reserve the right, at our own discretion and without prior notice, to restrict, block, remove or permanently delete accounts, content, groups, chats or other forms of use.

5. User Content, Profiles, Photos and Groups

You are solely responsible for all content that you create, upload, send, store, publish or otherwise make accessible via the Platform. This includes, in particular, profile information, texts, messages, images, profile pictures, group pictures, event information, comments and other content.

By posting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable right to use, display, store, reproduce, technically process and make such content accessible within the Platform exclusively for the purpose of operating, providing, improving, promoting and further developing the Platform.

You warrant that you have all rights required for this purpose and that your content does not infringe any third-party rights. In particular, you are responsible for ensuring that photos, profile pictures or group pictures uploaded by you may be used with the consent of the persons depicted, insofar as such consent is required.

We are entitled, at our own discretion, to remove, edit, block or restrict the visibility of content at any time if there are indications that it violates these T&C, applicable law or legitimate interests of third parties. However, there is no obligation to continuously monitor all user content.

6. Meetings, Arrangements and Use at Your Own Risk

Bonibo is solely a technical platform that enables users to contact one another, form groups, arrange meetings, gatherings, events or other activities and exchange content. We are neither organiser nor co-organiser, neither event organiser nor host, and we are not a party to any contractual, courtesy-based or other legal relationship initiated or concluded between users.

We do not organise, host, monitor, control or direct any meetings, gatherings, events or other activities arranged by users and, as a rule, do not participate in them. As a rule, we do not verify the identity, background, character, reliability or suitability of users. Any profile information and other content is generally based on self-declarations.

By using the Platform, you expressly declare that your participation in an appointment, meeting, gathering, event or other activity arranged via the Platform is entirely at your own risk. You voluntarily assume all risks of personal injury, property damage, financial loss or other damage that may arise from your interactions with other users, whether online or offline.

You are responsible for taking the precautionary measures that are appropriate for you. In particular, we recommend meeting in public places for first meetings, informing trusted persons about your plans, not sharing sensitive personal data prematurely and leaving meetings or situations at any time if you feel uncomfortable.

7. Moderation, Reports and Blocking

If you notice inappropriate, dangerous, discriminatory, unlawful or otherwise problematic behaviour, you may report it using the reporting or blocking functions provided on the Platform. We review incoming reports and may take measures at our own discretion, in particular issue warnings, remove content, block functions, temporarily deactivate accounts or permanently delete them.

A report does not guarantee any particular outcome, measure or result. We process reports at our own discretion and are not obliged to mediate or decide disputes between users or to disclose the background to a decision, unless there is a legal obligation to do so.

We are entitled to block, restrict or delete user accounts at any time if there are indications of violations of these T&C, misuse, risks to other users or other significant risks to the Platform.

8. Platform Availability

We always endeavour to avoid interruptions in the use of our Platform and our Services and to remedy disruptions as quickly as possible. You acknowledge, however, that functional disruptions, malfunctions, delays, interruptions, technical errors, incompatibilities or other restrictions cannot be completely excluded despite all due care, and that we do not guarantee uninterrupted functionality of the Platform.

There is no entitlement to a specific response time, permanent availability of support or permanent availability of individual functions, groups, chats, uploads, notifications or other features unless expressly agreed otherwise.

9. Intellectual Property Rights

The name and trademark “Bonibo”, all logos, designs, software components, code, user interfaces, data structures, functions, texts, graphics, technical foundations and all technologies underlying the Platform belong exclusively to us or our licensors and are protected by intellectual property rights.

Without our prior written consent, these rights may not be copied, reproduced, edited, distributed, sold, licensed, made publicly accessible, decompiled, reverse engineered or otherwise exploited, in whole or in part, unless this is mandatorily permitted by law.

If you submit feedback, ideas, suggestions for improvement, comments or other input regarding the Platform to us, we are entitled to use them without restriction, irrevocably, without limitation in time or territory and free of charge for any purposes, without you having any claim to remuneration or attribution.

10. Liability

We are liable exclusively for damage caused by intentional or grossly negligent conduct on our part and proven by you. Liability for slight and moderate negligence as well as for indirect damage and consequential damage is expressly excluded, irrespective of whether such liability is derived from contract, tort or any other legal basis. Indirect damage and consequential damage include, in particular, lost profits, financial losses, data loss, business interruptions, loss of use, reputational damage, missed opportunities, travel, consumption or event costs and other disadvantages arising from the use of the Platform, from user interactions or from technical disruptions.

In particular, we are not liable for damage, injuries, losses or other disadvantages arising from interactions between users, meetings, appointments, restaurant visits, events, groups or other activities initiated, organised or attended via the Platform. Likewise, we are not liable for user content, the conduct of third parties, unauthorised access to data, data changes, technical failures, bugs, malfunctions, service interruptions, faulty notifications or other restrictions of the Platform.

The exclusions and limitations above do not apply in the event of culpable injury to life, body or health caused by us or in cases of mandatory statutory liability.

Subject to the foregoing provisions, our total liability — irrespective of the legal basis and to the extent permitted by law — is limited to the amount you effectively paid to us in the twelve months preceding the event giving rise to the damage.

11. Data Protection

We collect and process personal data exclusively within the scope of statutory provisions, in particular in compliance with applicable data protection laws. Further information on the processing of personal data, your rights and related matters can be found in our Privacy Policy, which forms an integral part of these T&C.

12. Contract Term and Termination

You may delete your user account at any time in accordance with the functions provided within the Platform or request termination.

We are entitled to block, restrict or permanently terminate your account at any time, in particular in the event of violations of these T&C, suspected fraudulent, harmful or unlawful activities, inappropriate conduct on or outside the Platform, endangerment of other users, reputational damage to the Platform, default in payment or if we no longer consider continuation of the contractual relationship reasonable for other reasons.

In the event of termination initiated by you, there is generally no entitlement to a refund of remuneration already paid. In the event of termination initiated by us without any reason attributable to you of a prepaid subscription, we may, at our own discretion, grant a pro rata refund of the unused remaining term, unless mandatory law or app store policies provide otherwise.

13. Force Majeure

In the event of events outside our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of our obligations. An event outside our sphere of influence includes, for example: natural disasters, pandemics, epidemics, war, terrorist attacks, strikes, protests, official measures, power outages, failures of communication networks, cyberattacks, failures of third-party providers, hosting outages or other unforeseeable events that materially impede or render impossible the provision of our services.

If such an event occurs that affects the provision of our services, we will inform you of this where possible. In such a case, we are entitled to temporarily suspend services, restrict functions or — where necessary — withdraw from the contract in whole or in part.

14. Final Provisions

If any provision of these T&C is or becomes unlawful, invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any regulatory gaps.

These T&C, the contractual relationships based on them and all disputes arising from them are governed exclusively by substantive Swiss law, excluding conflict-of-law rules.

The place of jurisdiction for all disputes arising from or in connection with these T&C is — to the extent permitted by law — our registered office, unless mandatory statutory provisions provide otherwise.