General Terms of Sale and Use

Article 1 - Publisher and scope

1.1 These terms (the "GTC") govern all contractual relations between Tekio Studio, sole proprietorship of Dylan Kaeppeli (hereinafter "Tekio", "we"), whose registered office is at Rue du Borgeaud 3b, 1196 Gland (Switzerland), and any natural or legal person who orders a service (the "Client", "you").

1.2 The GTC apply to all offers, quotes, orders, and contracts of Tekio, to the exclusion of the Client's general terms and conditions, which do not bind us even absent any objection on our part.

1.3 Professional clients (B2B) by default. Unless otherwise indicated, the Client is deemed to act in a professional capacity. The consumer protection provisions set out in Appendix B apply only to a Client who is a natural person acting for purposes unrelated to their professional activity ("Consumer").

1.4 In the event of conflict, the order of priority is: (1) the signed quote or purchase order, (2) these GTC, (3) their appendices.

Article 2 - Definitions

Services: the services provided by Tekio (see art. 4).
Subscription: a recurring commitment (annual or paid monthly) granting the right to a service managed and hosted by Tekio.
Site: the website built and operated by Tekio on behalf of the Client under a Subscription.
Platform: the technical infrastructure and software of Tekio (including Fittio) made available to the Client.
Fittio: the online management and booking software published by Tekio, provided in multi-tenant SaaS mode, billed monthly according to the number of Members.
Studio: a Client using Fittio.
Member / End user: a person whose data is processed through a service of the Client (for example, the clients of a Studio).
Client Content: texts, images, logos, trademarks, data, and files provided by the Client.
Data: any data processed in connection with the Services, including personal data.

Article 3 - Formation of the contract and acceptance

3.1 The contract is formed when the Client accepts a quote or a purchase order, by signature (including electronic signature) or by online acceptance, such acceptance constituting unreserved adherence to these GTC.

3.2 Acceptance of a quote entails acceptance of the version of the GTC in force on that date, a copy of which is accessible and provided to the Client. The accepted version is retained as evidence (identity of the signatory, timestamp, document fingerprint).

3.3 Any service begun at the Client's request constitutes confirmation of the order.

Article 4 - Description of the Services

4.1 Web services on Subscription (annual, all-inclusive). Depending on the quote: creation and operation of a Site, hosting, domain name and email, maintenance, security, backups, and continuous improvements. The model is a rental model: the Client has a right of use over the Site for as long as the Subscription is active and paid (see art. 10). There is no large redesign invoice, as upkeep is included.

4.2 Other services (on annual Subscription or one-off depending on the quote): search engine optimization (local SEO), online reputation and review collection (only genuine reviews, never fake reviews), automations, CRM, social media, AI voice agent (per-minute usage of which is billed additionally), visual identity, hosting alone, maintenance of third-party sites, training, copywriting, and one-off services ("extras").

4.3 Fittio (monthly SaaS). Management and booking software provided on a white-label basis, billed monthly by active-Member tier. The specific terms are set out in Article 12.

4.4 The exact scope, options, and prices are those of the accepted quote. Any service outside the scope is subject to a supplementary quote.

4.5 Best-efforts obligation. Tekio provides its Services with the customary care of the industry. No commercial result (traffic, ranking, revenue, sales) is guaranteed.

Article 5 - Prices, currencies, and billing

5.1 Prices are stated in Swiss francs (CHF) or in euros (EUR) depending on the quote. Tekio is not subject to Swiss VAT (art. 10 para. 2 let. a of the Swiss VAT Act, LTVA): no Swiss VAT is charged. For a professional Client established in France or in another member state of the European Union, VAT is not charged by Tekio: it is accounted for by the Client in its own country, and the invoice bears the French mention "Autoliquidation" (reverse charge). If Tekio becomes subject to VAT, the statutory rates will apply to future services.

5.2 Terms. The Subscription is billed annually in advance, or paid monthly where that option is agreed. Fittio is billed monthly. One-off extras are billed upon order or upon delivery.

5.3 Due date. Unless otherwise agreed, invoices are payable within 30 days from their issue date. This deadline is a peremptory deadline within the meaning of art. 102 para. 2 CO (Swiss Code of Obligations): upon its expiry, the Client is in default by operation of law.

5.4 Accepted means of payment: bank transfer, Swiss QR-invoice, credit card (via Stripe), TWINT, and other means indicated on the invoice.

5.5 Interest and costs. In the event of late payment, default interest of 5% per annum (art. 104 CO) accrues by operation of law, together with reasonable reminder costs.

5.6 One-off services and setup fees are non-refundable once performed.

Article 6 - Price adjustment

6.1 Tekio may adjust its rates (changes in costs, services, or infrastructure). Any increase is notified in writing to the Client at least 60 days before it takes effect for an annual Subscription, and 30 days for a monthly subscription.

6.2 Right of termination in the event of an increase. In the event of a rate increase, the Client may terminate the affected Subscription as of the effective date of the new pricing, by written notice before that date. Failing termination within this period, the increase is deemed accepted.

6.3 No adjustment has retroactive effect. The correction of obvious billing errors and the legal adjustment of the VAT rate are reserved and do not constitute an increase within the meaning of this article.

6.4 The specific adjustment rules for Fittio (Member tier, add-ons) are set out in art. 12.

Article 7 - Term, commitment, and renewal

7.1 The initial commitment term is the one indicated in the quote (from 1 to 5 years).

7.2 Tacit renewal. Upon expiry, the Subscription renews tacitly from year to year, unless terminated.

7.3 Ordinary termination. Either party may terminate as of the expiry date subject to written notice of 3 months before that date. Failing this, the Subscription is renewed for a new year.

7.4 Extraordinary termination. Either party may terminate with immediate effect for good cause (in particular a serious breach not remedied within a reasonable time after formal notice).

7.5 Termination does not give rise to any refund of amounts already due or paid for the current commitment period.

Article 8 - Payment default, suspension, and taking offline

8.1 As invoices are payable within 30 days (peremptory deadline, art. 102 para. 2 CO), the Client is in default by operation of law upon expiry, without further reminder.

8.2 Reminder procedure (by email). In the event of non-payment, Tekio sends the Client, solely by email to their contact address:

a notice before the due date;
a late notice shortly after the due date;
a reminder constituting formal notice no earlier than 14 days after the due date, granting the Client a final reasonable period to pay and expressly warning them that, failing this, the Services will be suspended and the Site taken offline (art. 107 CO);
a notice of taking offline at the time thereof.

8.3 Suspension and taking offline. Upon expiry of the period set in the formal notice remaining without effect, Tekio is entitled to suspend all or part of the Services and to take the Site offline via the Platform. The Client acknowledges that under a Subscription arrangement they have a right of use over the Site and not ownership of it, and that taking it offline is the direct consequence of the non-payment. Suspension does not release the Client from their payment obligation for the current commitment period.

8.4 Reactivation. Full payment of the arrears (including interest and costs) results in the Site being put back online within a reasonable time. Reactivation is free of charge.

8.5 Retention then deletion of data. The Client's Content and Data are retained offline for 90 days from the taking offline. After this period without regularization, Tekio is no longer required to retain them and may delete or permanently abandon them, after a final notice by email. An export may be provided to the Client upon written request made before deletion, subject to settlement of the arrears.

8.6 For Fittio, where third-party Members depend on the service, Tekio favors as far as possible a degraded or read-only mode and adapted notice before any cutoff (see art. 12).

Article 9 - Client obligations

9.1 The Client provides in a timely manner the Content, access, and information required, and warrants that it holds all rights over the Client Content (texts, images, trademarks). It indemnifies Tekio against any third-party claim in this respect.

9.2 The Client uses the Services in accordance with the law and these GTC. It is solely responsible for the lawfulness of its Content and its activity.

9.3 The Client has a period of 14 days to approve the deliverables submitted for its review; after this period without a substantiated response, they are deemed accepted. Out-of-scope requests are subject to a supplementary quote.

9.4 For Fittio, the Studio is responsible for its relationship with its own Members, for informing them, and for the lawfulness of the data it processes through the service.

Article 10 - Intellectual property and the fate of the Site at the end of the contract

10.1 Client Content. The Client Content remains the exclusive property of the Client, who grants Tekio the license necessary for its use in connection with the Services.

10.2 Site, Platform, and developments. The Site, its source code, its templates, components, and reusable building blocks, the Platform, and the Fittio software remain the exclusive property of Tekio (and/or its licensors). During the term of the Subscription and subject to payment, the Client benefits from a personal, non-exclusive, non-transferable, and non-sublicensable right of use. Nothing in these terms entails an assignment of intellectual property rights to the Client. Reverse engineering is prohibited.

10.3 End of the contract. Upon termination of the Subscription (termination or non-renewal):

the Client's right of use over the Site ends and the Site is taken offline;
the Client recovers its domain name;
the Client's Data and Content belong to it; their export is provided to it free of charge in a common format;
Tekio's code, templates, framework, and know-how remain excluded from any assignment.

10.4 The Client may, subject to Tekio's agreement, acquire a buyout license or a partial assignment of specific deliverables, in exchange for a separate agreement and remuneration.

Article 11 - Data protection

11.1 Each party complies with applicable legislation, in particular the revised FADP (Swiss Federal Act on Data Protection, in force since September 1, 2023) and, for data subjects in the EU/EEA, the GDPR.

11.2 Roles. Where Tekio processes third-party data on behalf of the Client (in particular Members via Fittio, or the contacts of a CRM), Tekio acts as processor and the Client as controller. The terms are set out in Appendix A (Data Processing Agreement / DPA).

11.3 Sub-processors, which the Client accepts: Cloudflare (site hosting, delivery, security, and DNS), Supabase (database and authentication of the services, EU hosting, Frankfurt region), Stripe (payments), Resend (email sending), Infomaniak (domain names), Google and Microsoft (audience measurement and tools), and, depending on the services activated, Airtable and AssemblyAI. Tekio imposes equivalent protection obligations on each and informs the Client of any change, the Client being able to object for good cause.

11.4 Tekio implements appropriate technical and organizational measures, maintains a record of its processing activities, notifies relevant security breaches without delay, and assists the Client in handling the rights of data subjects (access, rectification, erasure, objection, portability).

11.5 In the event of a transfer of data outside Switzerland or the EU to a country without an adequate level of protection, appropriate safeguards (standard contractual clauses) are put in place.

11.6 Tekio's privacy policy, accessible on the site, supplements this article.

Article 12 - Terms specific to Fittio (SaaS)

12.1 Purpose. Fittio is made available to the Studio in multi-tenant SaaS mode, on a white-label basis, for a fixed term (monthly or annual) that is renewable.

12.2 Prices and tiers. The subscription depends on the active-Member tier. Moving to a higher or lower tier automatically adjusts the rate according to the pricing grid in force.

12.3 Plan adjustment. The Studio may change its plan on the contract's anniversary date: monthly for a monthly contract, annually for an annual contract. Add-ons (options, modules, additional features) take effect immediately and are billed on a pro rata basis as of their activation. Reductions take effect on the next anniversary date.

12.4 Rate adjustment. Any increase in the Fittio rate is governed by art. 6 (notice and right of termination in the event of an increase).

12.5 Member data. Member data belongs to the Studio, which is responsible for it. Tekio acts as processor (Appendix A). At the end of the contract, an export is provided free of charge to the Studio; the data is then retained for 90 days and then deleted (art. 8.5).

12.6 Availability. Tekio aims for high availability of the service under a best-efforts obligation, excluding scheduled maintenance, force majeure, and failure of third-party providers. No automatic compensation is due.

12.7 Non-payment. Art. 8 applies, subject to art. 8.6 (degraded mode and adapted notice in view of the third-party Members concerned).

Article 13 - Availability, maintenance, and SLA

13.1 Tekio aims for high availability of the Sites and the Platform under a best-efforts obligation. Availability is understood to exclude scheduled maintenance, force majeure, and failure of third-party providers (hosting, payment, network, DNS).

13.2 Regular backups and an SSL certificate are included in Subscriptions that include hosting. Interruptions do not give rise to any right to compensation, unless otherwise agreed in writing.

Article 14 - Warranties and liability

14.1 Tekio does not guarantee uninterrupted availability or a commercial result. The interruptions referred to in art. 13.1 do not constitute a non-performance.

14.2 Within the limits permitted by law, Tekio's liability is excluded for indirect and consequential damages, in particular loss of revenue, clientele, data, or profit.

14.3 For any damage not excluded, Tekio's total liability is limited, per twelve-month period, to the amount of the sums actually paid by the Client for the service concerned during that period.

14.4 Mandatory reservation (art. 100 CO). The foregoing limitations and exclusions do not apply in the event of willful intent or gross negligence on the part of Tekio, nor in the event of personal injury; in such cases, Tekio is liable under ordinary law.

Article 15 - Confidentiality, references, and force majeure

15.1 Confidentiality. Each party keeps the other's non-public information confidential, during the contract and for 3 years afterward, subject to legal obligations.

15.2 References. Unless the Client objects in writing, Tekio may mention the Client (name, logo, screenshot of the Site) as a reference in its portfolio and its communications.

15.3 Force majeure. Neither party is liable for a non-performance due to an event beyond its reasonable control. Obligations are suspended for the duration of the impediment; if it continues beyond 60 days, either party may terminate. Payment obligations already due remain payable.

Article 16 - Amendment of the GTC

16.1 Tekio may amend these GTC. Amendments are notified by email at least 30 days before they take effect.

16.2 For the Consumer (Appendix B), refusal of the new GTC gives rise to a right of termination as of their effective date. For the professional Client, continued use after the effective date constitutes acceptance.

Article 17 - Governing law and jurisdiction

17.1 These GTC are governed by Swiss law, to the exclusion of conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods.

17.2 The exclusive place of jurisdiction is at Tekio's registered office, subject to any mandatory place of jurisdiction provided by law (in particular, for the Consumer, the place of its domicile, art. 35 Swiss CPC).

Article 18 - Final provisions

18.1 Partial invalidity. If a clause is void or unenforceable, the others remain in force; the flawed clause is replaced by a valid provision of equivalent economic effect.

18.2 Assignment. The Client may not assign the contract without Tekio's written agreement. Tekio may assign the contract in connection with a reorganization or a transfer of business, informing the Client.

18.3 Language. In the event of a discrepancy between language versions, the French version prevails.

Appendix A - Data Processing Agreement (DPA)

Applicable where Tekio processes personal data on behalf of the Client (Fittio, CRM, Site forms).

Purpose and duration: the processing concerns the data entrusted by the Client, for the duration of the Services.
Nature and purpose: hosting, operation, backup, and support of the service, for the sole purpose of performing the Services and on the documented instruction of the Client.
Categories of data: identity and contact data, booking, billing, and usage data; where applicable, more sensitive data depending on the Client's activity (to be specified on a case-by-case basis).
Data subjects: clients, Members, contacts, and employees of the Client.
Tekio's obligations: confidentiality of personnel, appropriate technical and organizational measures, assistance with data subjects' rights and breach notifications, deletion or return of the data at the end of the contract.
Sub-processors: list in art. 11.3; equivalent obligations imposed, information of the Client in the event of a change, and possibility of objection for good cause.
International transfers: appropriate safeguards in the absence of an adequate level of protection.
Audit: the Client may request the information necessary to demonstrate compliance with the obligations.

Appendix B - Provisions applicable to the Consumer (B2C)

Applicable only to a Client who is a natural person acting for private purposes.

Right of revocation (doorstep selling, art. 40a et seq. CO). Where the legal conditions are met (in particular an offer solicited away from Tekio's premises, a service exceeding CHF 100, and unless the Consumer expressly requested the negotiations), the Consumer may revoke their acceptance within a period of 14 days by written notice. This right does not apply where the Consumer themselves solicited the service.
Unfair terms (art. 8 UCA, Unfair Competition Act). No clause of these GTC creates, to the detriment of the Consumer and contrary to good faith, a significant and unjustified imbalance between the rights and obligations of the parties.
Jurisdiction. The place of jurisdiction of the Consumer's Swiss domicile is reserved where it is mandatory (art. 35 Swiss CPC).