Terms and conditions

1. Scope and provider

These general terms and conditions (terms) apply to the use of the software “Ryvo” (app.ryvo.ch) and the website ryvo.ch. The provider is Panda Media GmbH, Binningerstrasse 54, 4104 Oberwil BL, Switzerland (hereinafter “Ryvo” or “we”).

Ryvo is aimed at businesses, in particular car dealers and garages (hereinafter “customer”). By registering, the registering person confirms that they are authorised to act for the company stated. Deviating terms of the customer only apply if we have agreed to them in writing.

2. Services

Ryvo is online software (software as a service) for managing vehicles in the trade, in particular for recording purchases, costs and sales, creating contracts and invoices, sending e-mails, digital signatures and reports.

We develop Ryvo continuously. Features may be added, changed or replaced as long as the essential benefit for the customer is preserved.

3. Registration and account

The contract is concluded upon registration and confirmation of the e-mail address. The customer provides true and complete information and keeps it up to date.

The customer may invite other people as users and assign them roles. The customer is responsible for ensuring that only authorised people have access, that login details are kept secret and that former staff are removed. Actions taken with the customer's logins are attributed to the customer.

4. Trial period

New customers can test Ryvo free of charge and without obligation for 30 days. No payment details are needed for the trial. It ends automatically; there are no costs unless the customer expressly takes out a paid subscription.

5. Prices and payment

After the trial, the use of Ryvo is subject to a fee. The prices shown to the customer before taking out a subscription apply. All prices are in Swiss francs, plus any VAT.

We may adjust prices as of the start of a new billing period. We inform the customer at least 30 days in advance; if the customer does not accept an increase, they may terminate as of the date it takes effect.

In the event of late payment, we may restrict access after a prior reminder. The customer's data is preserved.

6. Customer obligations

The customer uses Ryvo only lawfully and only for its own business purposes. The customer is responsible for the content it enters in Ryvo – in particular for the accuracy of prices, tax rates, contract texts and invoices, and for processing its customers' data lawfully.

Ryvo is a tool and does not replace legal, tax or accounting advice. Templates provided (e.g. for purchase contracts) are samples that the customer reviews before use and adapts if needed.

Misuse of Ryvo is prohibited, for example attempts to access other customers' data, sending unsolicited advertising or interference that impairs security or availability.

7. Availability

We strive for operation that is as uninterrupted as possible. However, we cannot guarantee constant availability. Where possible, we carry out maintenance outside normal business hours and announce major interruptions in advance.

8. Customer data

All data the customer enters in Ryvo belongs to the customer. We use it solely to operate Ryvo for the customer and do not pass it on to third parties, except to the service providers named in the privacy policy or where we are legally obliged to do so.

Insofar as the customer enters personal data of its own customers, the customer is responsible for it; we process this data on its behalf within the meaning of Art. 9 of the Swiss Federal Act on Data Protection (FADP) and only according to its instructions. The data is stored in Switzerland.

The customer can download its data at any time as a backup or Excel file. The customer is responsible for complying with statutory retention obligations, for example for business records under Art. 958f of the Swiss Code of Obligations (CO).

9. Digital signature

The digital signature in Ryvo is a simple electronic signature (image of the signature with time and technical details as evidence). It is not a qualified electronic signature within the meaning of the Swiss Federal Act on Electronic Signatures (ESigA). The customer decides for which contracts this form is sufficient.

10. Liability

We are liable for damage we cause intentionally or through gross negligence. Liability for slight negligence, for indirect and consequential damage and for lost profit is excluded to the extent permitted by law. Nor are we liable for damage resulting from force majeure, disruptions at third parties (e.g. internet providers) or improper use by the customer.

During the free trial, liability is limited to intent and gross negligence to the extent permitted by law.

11. Term, termination and deletion

The contract runs for an indefinite period. The customer may terminate at any time as of the end of the current billing period; amounts already paid are not refunded. We may terminate with 30 days' notice, and for good cause (e.g. misuse) without notice.

After the contract ends, the customer can still download its data for 30 days. We then delete it permanently unless there is a legal obligation to retain it. Registrations whose e-mail address is not confirmed within 7 days are deleted automatically.

12. Changes to these terms

We may change these terms. We notify the customer of material changes at least 30 days before they take effect by e-mail or in Ryvo. If the customer does not object within this period, the changes are deemed accepted; in the event of an objection, either party may terminate the contract as of the date they take effect.

13. Applicable law and jurisdiction

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Oberwil BL, Switzerland.