Terms of Use and Sale — QR Suisse

This English version is a translation provided for information purposes only. In case of discrepancy between language versions, the French version is legally binding.

These terms are originally drafted in French. They are addressed to businesses, sole proprietors and associations that use QR Suisse; we have tried to write them so they can be read without a lawyer. The terms "we", "our" and "Skyday" refer to Skyday Sàrl; "you" and "your" refer to the account holder.

1. Who we are

QR Suisse is an online service operated by:

Skyday Sàrl Rue de Lousse 32a, 1987 Hérémence, Switzerland Company identification number (UID): CHE-347.343.213 A limited liability company (Sàrl) under Swiss law, registered with the Commercial Register of the Canton of Valais Contact: contact@qrsuisse.ch

The full legal notice (Impressum) is available on the "Legal Notice" page of the application.

2. What these terms cover

These terms and conditions ("Terms") govern access to the QR Suisse service, the use of your account, and the purchase and operation of the paid "Pro" subscription. Together with the privacy policy (see §14), they form the entire agreement between you and Skyday Sàrl.

By creating or using a QR Suisse account, and again when subscribing to the Pro plan, you confirm that you have read and accepted these Terms.

3. What QR Suisse does

3.1 "Dynamic" QR codes

QR Suisse lets you create dynamic QR codes: the printed QR code does not directly contain your web address or business card, but a short address hosted by QR Suisse (in the form …/r/xxxxxxxxxx). When someone scans the QR code, our server redirects them to the destination you have defined (a web page, an email address, a phone number) or delivers your business card (contact file).

The advantage: you can change the destination at any time, even after printing, without reprinting the QR code. You can also view aggregated statistics on the number of scans.

3.2 What this implies

Because every scan goes through our redirection server, your QR codes only work as long as the QR Suisse service is available and your account is active (see §9 on account states, §11 on availability and §15 on account deletion). If you need a QR code that must work independently of any third-party service, a static QR code (which directly contains your web address) is more suitable; QR Suisse does not offer this type of QR code.

3.3 What QR Suisse does not do

QR Suisse does not host the content of your destination pages, does not review their content, and is not a party to the relationship between you and the people who scan your QR codes.

4. Your account

4.1 Invitation-only access

At this stage, QR Suisse is not open to free registration: accounts are created by Skyday Sàrl, by invitation, using the email address you provide us. We may open registration to everyone at a later stage; these Terms will then apply in the same way.

4.2 A professional account

The account is intended for professional use (business, sole proprietor, association, public body). You confirm that the person accepting these Terms has the authority to bind the organisation that holds the account. If you use QR Suisse for private purposes, certain mandatory rules protecting consumers may apply in your favour and take precedence over these Terms (see §18).

4.3 Your credentials

You are responsible for the confidentiality of your password and for everything done from your account. Choose a strong password, do not share it, and notify us immediately at contact@qrsuisse.ch if you believe your account is being used without your consent. We will never ask you for your password by email.

4.4 Accuracy of information

You agree to provide us with a valid email address and to keep it up to date: it is how we contact you (and how Stripe sends you your receipts and invoices, see §7).

5. The "Free" and "Pro" plans

An "active" QR code is one that redirects. An archived QR code stops redirecting and does not count towards the Free plan limit; you can reactivate it later if your plan allows it.

The Free plan is not a time-limited trial: you may remain on this plan for as long as you wish.

The features of the plans may evolve (see §17). A change will never reduce, during a period you have already paid for, what you are entitled to under your Pro subscription.

6. Price and VAT

The price of the Pro plan is CHF 15 per month (monthly subscription) or CHF 150 per year (annual subscription), in Swiss francs.

These prices are exclusive of VAT: Skyday Sàrl is not subject to Swiss VAT (turnover below the mandatory registration threshold, Art. 10 of the Swiss VAT Act (LTVA)). No VAT is therefore added or charged; the displayed amount is the amount you pay. Should Skyday Sàrl become subject to VAT, we would inform you under the price-change procedure described in §10 before applying any VAT to your payments.

The price shown in the application at the time of your subscription is the price that applies.

7. Payment by card via Stripe

7.1 How you pay

Payment for the Pro plan is made by payment card, on a secure payment page provided by our provider Stripe (Stripe Payments Europe, Limited, Dublin, Ireland). You enter your card details directly with Stripe: QR Suisse never sees, receives or stores your card number.

Stripe sends you receipts and invoices by email, and notifies you in case of a failed payment. You manage your payment method, view your invoices and cancel your subscription from the Stripe customer portal, accessible from the "Subscription" page of the application.

7.2 Conclusion of the subscription contract

The subscription process includes the following steps: (1) choosing the monthly or annual plan on the "Subscription" page; (2) the Stripe payment page, where you can review the summary, enter any promotional code, and correct your entries before confirming; (3) confirmation of payment. The subscription contract is concluded when Stripe confirms the payment; you then receive a confirmation email (Stripe receipt) and your account switches to the Pro plan.

7.3 Automatic renewal

The Pro subscription renews automatically at the end of each period (one month or one year, depending on the plan chosen), at the price in effect at the time of renewal (see §10 in case of a price change). The amount is charged to the card registered with Stripe at the start of each new period. You may end the renewal at any time (see §8).

7.4 Failed payment

If a charge fails (expired card, limit reached, bank refusal), Stripe notifies you by email and retries the charge over the following days. Update your card in the Stripe customer portal so that your subscription can continue. If payment still does not succeed despite these attempts, your Pro subscription ends and the rules in §9 apply.

8. Cancellation and no refund

8.1 Cancel at any time

You may cancel your Pro subscription at any time, without reason or fees, from the Stripe customer portal ("Subscription" page → "Manage my subscription"). Cancellation takes effect at the end of the period already paid for: you keep all Pro benefits until that date, after which your account switches to the Free plan under the rules in §9. As long as the period has not ended, you can undo the cancellation and resume the subscription.

8.2 No pro-rata refund

Amounts already paid for the current period are not refunded, either in full or pro rata for the unused portion. This applies to both the monthly and annual subscriptions. We recommend choosing the monthly subscription if you are not certain you want to commit for a year.

Swiss law does not provide for a general right of withdrawal for contracts concluded online; QR Suisse does not grant one voluntarily either, subject to any mandatory legal provision that may apply to your situation (see §18).

8.3 Cancellation by Skyday Sàrl

We may cancel your Pro subscription for the end of the current period, subject to 30 days' notice by email. We may terminate it immediately in the event of a serious breach of these Terms (§12). If we terminate the contract through no fault of yours, the unused portion of an annual subscription is refunded on a pro-rata basis — this is the only situation giving rise to a refund.

9. Account states: active, grace period, restricted

9.1 When these rules apply

When a Pro subscription ends (cancellation reaching its term, or a final payment failure) and your account has more than 3 active QR codes, your account does not immediately revert to the Free plan. It first goes through a grace period, then, if nothing changes, is restricted to the Free plan. If your account has 3 active QR codes or fewer at that point, it simply switches to the Free plan and everything keeps working normally.

9.2 Grace period (14 days)

For 14 days from the end of the Pro subscription, all your QR codes remain readable, but in a different way: the person scanning first sees an intermediate page from QR Suisse displaying your destination link (clickable) or offering your business card for download, with a message indicating that the subscription linked to this QR code has expired. Direct redirection is only restored by reactivating Pro. During the grace period, you can reactivate the Pro subscription at any time, or archive QR codes until only 3 remain active, which makes your account fully active again.

9.3 Account restricted to the Free plan

At the end of the grace period, your account is restricted to the Free plan:

• your 3 oldest active QR codes (by creation date) continue to work normally, with direct redirection;
• other active QR codes are paused: the person scanning sees a QR Suisse information page indicating that the QR code is temporarily unavailable. No redirection and no data from your business card are shown on this page;
• your QR codes, their destinations and your statistics are not deleted; they are simply paused;
• your available statistics history is reduced to 7 days (older data is retained under §15 and becomes available again if you switch back to Pro).

You return to a fully active account by reactivating the Pro subscription, or by archiving QR codes until only 3 remain active.

9.4 What you should know before printing

These mechanisms protect the continuity of your QR codes during a transition, but a paused QR code no longer leads to your destination. If you print QR codes in large quantities or on durable materials, make sure your subscription and payment method are up to date.

10. Price changes

We may change the prices of the Pro plan. Any change is announced to you by email at least 30 days before it applies to your subscription, and only takes effect at the renewal following the expiry of that period — never during a period already paid for. If the new price does not suit you, you may cancel before the renewal (§8.1); your subscription will then end at the current price, at no cost. Continuing to use the Pro plan after the effective date constitutes acceptance of the new price.

11. Promotional codes

We may issue promotional codes granting a discount or free access to the Pro plan. A promotional code:

• is entered on the Stripe payment page at the time of subscription (link "Add a promotional code");
• may be limited in its validity period (deadline for entry), in its effect (a set number of months or renewals, or the total duration of the subscription), in its number of uses, and may be restricted to a specific plan (monthly or annual Pro) or a specific customer;
• is not combinable with another code or offer, unless we indicate otherwise;
• has no cash value, is neither refundable nor exchangeable, and may not be resold.

When a code's effect ends (for example, after the number of months offered), the subscription continues at the normal price in effect, unless you cancel before the relevant renewal; the terms of the code (duration of the discount, plan concerned) are indicated to you when we provide it and appear on the payment page before confirmation. We may withdraw a code in the event of abusive or fraudulent use; a discount already applied to a paid period is not called into question.

12. Acceptable use

QR Suisse is a redirection tool: it must not be used to deceive or harm the people who scan your QR codes. It is prohibited to use QR Suisse to:

• direct to unlawful content, or content for which you do not hold the necessary rights;
• carry out phishing, identity theft, the distribution of malicious software, or any form of fraud;
• send unsolicited bulk messages (spam) or engage in any unfair commercial practice;
• infringe the rights of third parties (personality rights, intellectual property, data protection);
• disrupt the operation of the service (deliberate overload, circumvention of plan limits, unauthorised access).

You are solely responsible for the destinations to which your QR codes redirect and for the content of your business cards, including towards the people who scan them.

Right of suspension. In the event of a breach of these rules, or a credible report (from an authority, an affected third party, or our own findings), we may suspend immediately the QR code(s) concerned, or even the account, without prior notice where urgency requires it, and then inform you by email. We lift the suspension once the issue is resolved or if it proves unfounded. A justified suspension does not entitle you to any refund. We cooperate with the competent authorities where the law requires us to do so.

13. Intellectual property

13.1 Your QR codes and your content

The QR code images generated by QR Suisse for your account may be used freely by you, without limit of duration or medium (printing, display, advertising, packaging), including after your Pro subscription ends — provided that the redirection continues to depend on your account (§3.2 and §9). You remain the owner of the content you enter (labels, destination addresses, business card data); you only grant us the right to process it in order to provide you with the service.

13.2 Our brand and our service

The name "QR Suisse", the logo, the interface and the code of the application belong to Skyday Sàrl or its licensors. You may not copy, modify, resell them, or use them to suggest a partnership or endorsement by us, without our written consent. The mention "QR Suisse" that may appear on intermediate or information pages (§9) is part of the service.

14. Personal data

The processing of your personal data is described in our privacy policy, which forms an integral part of these Terms. In summary:

• your account data and your statistics are hosted exclusively in Switzerland, with Infomaniak (Geneva);
• scan statistics are aggregated (number of scans per day and in total): we do not keep any individual log of the people who scan;
• for payment, your billing data (name, email, card details you enter with Stripe) is processed by Stripe, which hosts it outside Switzerland (European Union, and where applicable the United States) with the safeguards provided by data protection law; the privacy policy details this transfer.

If you enter third-party data (for example, an employee's) in a business card, you make sure you have the right to publish it.

15. Account deletion and data retention

15.1 Deletion at your request

You may request the deletion of your account at any time by writing to contact@qrsuisse.ch from the email address of the account. Deletion takes place within 30 days maximum of your request: once your request has been processed by our team, we delete the account, all its QR codes and their statistics right away. Warning: all your QR codes will permanently stop working — this action is irreversible. Any ongoing Pro subscription is cancelled on this occasion without a refund of the current period (§8.2). Invoices and payment data held by Stripe are retained by Stripe in accordance with its legal (accounting) obligations.

15.2 Retention of statistics

Daily scan statistics (number of scans per day and per QR code) are automatically deleted after 15 months, regardless of your plan. The total scan counter for each QR code is retained for as long as the QR code exists. On the Free plan, only the last 7 days are viewable; data from earlier days (up to 15 months) remains stored and becomes viewable again if you switch to Pro.

15.3 End of a pilot or inactive Free account

Accounts created under a pilot agreement are additionally subject to the retention periods indicated in the privacy policy: a pilot that is not continued ends automatically 6 months after it begins if you have not switched to the Pro subscription by then, after which the account and associated QR codes are deleted no later than 3 months after this end of the pilot, unless you instruct us otherwise.

For other accounts, a Free plan account that has remained inactive (no login, no scan of any of your QR codes) for 6 months enters the following process: reminder emails are sent to you at months 1, 2, 3 and 4 of inactivity, an explicit warning at month 5, then reminders at day -7, -2 and -1 before the 6-month deadline. At the deadline, we send you a deletion notice with a recovery link valid for 30 days; your account then enters the "pending permanent deletion" state (your data remains intact, reactivation possible only via this link). After this additional 30-day period without reactivation, the account, your QR codes and your statistics are permanently and irreversibly deleted. Any login or any scan resets the inactivity counter to zero.

16. Availability and limitation of liability

16.1 Availability

We make every effort to ensure that the redirection of your QR codes works continuously, but we do not guarantee a specific availability rate. Interruptions may occur due to maintenance (which we announce when possible), a hosting provider failure, a cyberattack, or force majeure. During an interruption, your QR codes will not redirect. QR Suisse is provided "as is", without any guarantee that it meets a particular need.

16.2 What we are not liable for

We are not liable for:

• the content, availability or lawfulness of your destination pages;
• the consequences of an incorrect destination you have entered, a QR code you have archived, or an account you have allowed to lapse into a paused state (§9);
• the use made by third parties of a QR code you have distributed;
• malfunctions of the network, devices or QR code scanning applications used by the people who scan;
• the services of Stripe (payment) and Infomaniak (hosting), beyond the diligent selection of these providers.

16.3 Limitation

To the extent permitted by Swiss law, the liability of Skyday Sàrl for any damage related to these Terms or to the use of QR Suisse is excluded in the event of minor negligence, and limited, for a Pro subscription, to the amount you have actually paid us during the 12 months preceding the harmful event. Indirect damages (loss of revenue, loss of clientele, loss of data, reprinting costs) are excluded to the same extent.

This limitation does not apply in the event of intent or gross negligence on our part (Art. 100 para. 1 of the Swiss Code of Obligations (CO)), nor to personal injury, nor in cases where the law prohibits limiting liability. The Free plan is provided without consideration; our liability under it is limited to cases of intent or gross negligence.

16.4 Your liability

You are liable to us for damage caused by a use of QR Suisse contrary to these Terms, and you indemnify us against third-party claims arising from it (for example, a complaint related to the content of a destination).

17. Amendment of these Terms

We may amend these Terms, in particular to reflect changes in the service, the law, or our providers. Any substantial amendment is announced to you by email at least 30 days before it takes effect, together with the new version. If you do not accept the new Terms, you may cancel your subscription for the effective date (§8.1) or request the deletion of your account (§15.1). Continuing to use QR Suisse after that date constitutes acceptance. Minor corrections (typos, clarifications with no effect on your rights) may be published without notice. The version in effect is always the one published in the application, with its version number and date.

18. Applicable law and jurisdiction

These Terms and any relationship between you and Skyday Sàrl are governed by Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is at the registered office of Skyday Sàrl, in Hérémence, Canton of Valais, Switzerland.

Mandatory places of jurisdiction provided for by law are reserved, in particular the place of jurisdiction of the consumer's domicile for consumer contracts (Art. 32 and 35 of the Swiss Civil Procedure Code) if you use QR Suisse for private purposes, as well as any mandatory consumer protection rules that take precedence over these Terms.

Before initiating any proceedings, we invite you to write to us at contact@qrsuisse.ch: most disagreements are resolved through direct dialogue.

19. Final provisions

• If a clause of these Terms is held void or unenforceable, the remaining clauses stay in effect; the clause concerned is replaced by a valid clause that comes closest to it in economic substance.
• The fact that we do not exercise a right provided for by these Terms does not constitute a waiver of that right.
• You may not transfer your account or subscription to a third party without our consent; we may transfer the contract to a company that takes over the operation of QR Suisse, by informing you.
• In case of discrepancy between a translation and the French version, the French version prevails.

20. Contact

Skyday Sàrl — QR Suisse Rue de Lousse 32a, 1987 Hérémence, Switzerland contact@qrsuisse.ch