Terms and conditions

1. Purpose and scope

These terms govern the provision of Phoss, an online business management service — dashboard, quotes, sales, invoices, contacts, tasks and catalogue — published by the publisher named at the end of this document.

The service is intended exclusively for professionals — self-employed people, companies and organisations — acting in the course of their business. It is not intended for consumers.

Together with the refund policy, they form the entire agreement between the publisher and the customer.

2. Subscription and formation of the contract

Subscription takes place online, on the offers page. The customer chooses the billing cycle and the currency, enters their details and accepts these terms and the refund policy. Payment is processed by Stripe.

The contract is formed upon the first successful payment. Access is then opened by a link sent to the address provided; this link lets the customer choose their password.

The version of the terms accepted and the date of acceptance are recorded in the subscription register.

3. Licence and account

One licence opens one account, for one person. Credentials are personal and may not be shared. Each person working in Phoss subscribes to their own licence.

The licence gives access to every feature of the service, with no tiers or paid options, and no volume limit.

4. Price and currency

The licence is paid according to one of two billing cycles:

• Monthly: 9.- per month, charged every month;
• Yearly: 97.20 per year, paid once, in advance.

At subscription, the customer chooses the payment currency, Swiss francs (CHF) or euros (EUR). The amount is the same in both currencies. The chosen currency applies for the whole term of the contract.

No free trial is granted. Prices may change; a new price only applies from the following period, and the customer is informed at least thirty days in advance.

5. Value added tax

The publisher is not registered for value added tax. No VAT is charged to the customer, and none is recoverable by them on this account. The amounts stated are the final amounts due.

Should the publisher become registered, the tax would apply to periods invoiced thereafter, and the customer would be informed before the relevant due date.

6. Term, renewal and termination

On the monthly cycle, the contract has no minimum term. It renews every month and may be terminated at any time; termination takes effect at the end of the paid month.

On the yearly cycle, the contract is concluded for one year, paid in advance. It renews from year to year unless terminated before the due date; termination takes effect at the end of the paid year.

The customer terminates from their account, through subscription management, or by writing to the contact address. The period already paid is not refunded, except in the cases provided for by the refund policy.

The publisher may terminate the contract with thirty days' notice before the due date, or without notice in the event of a serious breach by the customer, in particular unlawful use of the service.

7. Non-payment and suspension

If a payment fails, the payment provider makes several attempts over a period of about fifteen days. Access remains open during this time.

Access is only suspended once the payment has definitively failed. Suspension is not termination: data is kept, and access is restored as soon as payment is settled.

8. Customer data

The customer remains the owner of all the data they enter. The publisher acquires no right over it, does not use it for any purpose of its own and does not disclose it to any third party.

Each customer's data is hosted in a database of its own. There is no technical path from one customer's database to another.

The publisher only accesses customer data at the customer's express request, for support purposes, and within the limits of that request. Technical operations — backups, migrations, monitoring, incident handling — may require access to the systems hosting the data; such access is limited to what is strictly necessary, covered by a duty of confidentiality, and entails no consultation for other purposes, no use and no disclosure.

The customer can export their data in CSV format at any time, from their account.

9. Personal data protection

For account data (name, address, login log), the publisher acts as controller, solely to provide and secure the service.

For the data the customer enters in their tool, including that of their own customers and suppliers, the publisher acts as processor: it processes such data on the customer's instructions, and for the customer alone.

Processing is governed by the Swiss Federal Act on Data Protection. For a customer established in the European Union, the publisher also complies with the obligations of the General Data Protection Regulation applicable to processors. Any request is made to the contact address at the end of this document.

10. Availability, backups and changes

The publisher uses reasonable means to keep the service available and makes regular backups. No availability rate is guaranteed.

The service may be interrupted for maintenance; the publisher endeavours to give advance notice and to choose the least disruptive times. The service evolves; the publisher does not withdraw an essential feature during a paid period without informing the customer.

11. Return and deletion of data

Until the end of the contract, the customer can export their data in CSV format from their account at any time. At the end of the contract, access to the account closes; on request, a complete copy of their database is provided free of charge for thirty days. After this period, data is permanently deleted.

12. Intellectual property

The Phoss software, its code, its interface and its graphic elements remain the exclusive property of the publisher. For the term of the contract, the customer enjoys a personal, non-exclusive right of use, limited to their own needs, with no right to assign, make available to third parties, decompile or reproduce.

13. Subprocessors

The publisher uses the following providers:

• OVH SAS, Roubaix (France) — hosting of servers and databases;
• Stripe — payment processing and storage of payment methods.

The publisher informs the customer of any change of subprocessor likely to affect the hosting or security of their data.

14. Liability

The publisher is liable for direct damage caused by a breach of these terms on its part. Its total liability, for all causes combined, is limited to the amount paid by the customer for the twelve months preceding the event giving rise to liability.

The publisher is not liable for indirect damage, operating losses, loss of profit, or the consequences of a decision taken by the customer on the basis of a figure displayed by the service.

Phoss is a management tool, not statutory accounting software. It formats quotes and invoices from the data entered by the customer alone, who remains solely responsible for its accuracy and its legal and tax compliance. It does not release the customer from any accounting obligation or any declaration.

These limitations do not apply in the event of intent or gross negligence by the publisher, nor where applicable law excludes them.

15. Changes to these terms

The publisher may amend these terms. The new version is brought to the customer's attention and only applies from the following period; a period already paid remains governed by the version accepted. A customer who refuses the new version may terminate under the conditions of article 6.

16. Governing law and jurisdiction

These terms are governed by Swiss law, excluding conflict-of-laws rules and the Vienna Convention on the International Sale of Goods. Any dispute falls under the exclusive jurisdiction of the courts of Lausanne, subject to appeal to the Federal Supreme Court.

17. Language

These terms exist in French, English, German and Spanish. Versions other than French are convenience translations: in the event of discrepancy, the French version prevails.