Legal notices
1 Introduction
1.1 Finwise SA (hereinafter “Finwise”) is a company whose head office is located at 28 rue de Carouge, 1205 Geneva – Geneva, Switzerland.
1.2 Finwise provides a platform (the “Platform”) that provides outsourcing services for human resources, insurance support and IT solutions (the “Services”).
1.3 These conditions (the “Conditions”) govern the relationship between Finwise and users registered on the Platform (the “Users”).
1.4 By accessing, using or participating in the Platform, Users explicitly accept these Conditions. If you are using these Terms on behalf of an entity, you represent and warrant that you have the authority to agree to these Terms on that entity's behalf.
2 Other conditions in force
Other conditions in force also govern your relationship with Finwise:
the Privacy Policy;
the outsourcing contract applicable to your business.
3 Registration
3.1 Registration is open to employees of companies that have concluded an outsourcing contract with Finwise.
3.2 Users are required to provide true and accurate information when registering to use the Platform and to ensure that this information (and any additional information required by Finwise) is complete and up to date. Users benefit from direct access to detailed data about their accounts.
3.3 The decision whether or not to accept a registration is made at the sole discretion of Finwise, which may revoke a registration at any time. Registration will be refused if Finwise has already canceled a User's registration following a violation of these Terms.
4 Use of the Platform
4.1 Users may use the Platform to communicate information and documents to Finwise employees, view different types of reports and monitor the services provided by Finwise.
4.2 Users are required to ensure that uploaded data which would normally be classified as confidential, business secrets or know-how can be made available on the Platform. Finwise cannot be held responsible for any recourse or damage in the event of non-compliance with this provision by Users.
4.3 It is the responsibility of Users to comply with all applicable laws and regulations.
5 Payments
The Services are invoiced by Finwise in accordance with the User's Services contract. Payments must be made in accordance with the detailed invoice information.
6 Restricted license
Users are granted a personal, non-exclusive, non-transferable, revocable and non-sublicensable license to use the Platform in the manner permitted by these Terms. Finwise may elect to provide upgrades that replace or supplement the Platform at any time. Users do not receive from Finwise or its licensees any rights in the Platform or any related materials.
7 Restrictions
7.1 Users will not access or attempt to access the Platform other than through the Platform, and will not access or attempt to access any account without proper authorization.
7.2 Users will not infringe, circumvent, reverse engineer, decompile, disassemble, copy, reproduce, hack or manipulate in any way, or any technology, software or security element related to the Platform, or attempt to do so.
7.3 Users will not use the Platform for, promote or participate in any activity that is illegal, unauthorized or contrary to any applicable law or regulation and/or these Terms, or which infringes any rights of Finwise.
7.4 Finwise may monitor the use of the Platform by Users at any time to ensure compliance with these Conditions as well as any applicable laws and regulations. Any User found in default will be prohibited from accessing the Platform.
7.5 Notwithstanding any other provision of these Terms, Finwise reserves the right to modify, suspend, delete, limit use or access or entirely disable access to the Services and/or the Platform at any time without notice. Finwise will not assume any liability in connection with such a measure.
8 Account Safety and Security
8.1 Users are required to take reasonable steps to protect their passwords, account information and other data necessary to access such storage mechanism(s). Finwise disclaims all liability for any such losses. Users will take reasonable and appropriate measures designed to secure access to (i) any device connected to the email address associated with their account, (i) their username, password and any other connection or identification element in connection with the Platform. If Users are no longer in possession of any device associated with their account or if they are no longer able to provide their login or identification data, they may lose access to their account.
8.2 Users are solely responsible for any activity carried out using their password or account and for any access to or use of the Platform by themselves or by any person or entity using their password, whether they have authorized this access or not.
8.3 Users must immediately notify Finwise of any unauthorized use or breach of security affecting their password or account or any other breach or breach of security. Finwise will not be liable for any loss or damage arising from the unauthorized use of a password or account. Finwise reserves the right, in its sole discretion, to determine what constitutes a security breach or breach. Failure to disclose a security breach or breach will be considered a material breach of these Terms.
8.4 Users are solely responsible for their behavior (and the behavior of anyone using their password).
8.5 Users may not commit any act aimed at testing or undermining the security of the Services. The will not, and will not attempt to, (i) interfere with, modify or disable any security features or controls of the Platform, (i) defeat, avoid, circumvent, remove, deactivate or otherwise evade any protection mechanism built into the Platform, and (herein) reverse engineer, decompile, disassemble or extract the source code, the underlying ideas, algorithms, structure or organizational form of the Platform.
9 Third Party Documents
The Platform may include materials from third parties or provide links to third party websites. Finwise is not responsible for examining the content or accuracy of any third party materials or websites and assumes no liability for any third party services. Users agree to use these third party services at their own risk, and Finwise is not responsible for any User's use of these third party materials, websites or services.
10 Intellectual property rights
Company retains all right, title and interest in and to all Company intellectual property, including, but not limited to, inventions, ideas, concepts, elements of code, discoveries, processes, trademarks, methods, software, compositions, formulas, techniques, information and data, whether or not patentable, copyrightable or trademarkable, and all trademarks, copyrights and patents based on such intellectual property. Users may not use any intellectual property of the Company for any reason without the prior written consent of the Company.
11 Modification of these Conditions
Finwise reserves the right to revise these Terms (including by adding additional terms) at any time. Finwise will announce such changes and/or additional terms by posting a revised version on the Platform. It is the responsibility of Users to consult the Platform regularly to inform themselves of possible modifications. Users who continue to use the Platform for more than seven days after the announcement on the Platform will be deemed to have accepted the revision of these Terms by Finwise. If you do not agree to any modification, Finwise may ask you to stop using the Platform.
12 Communication
By using the Platform, Users consent to receive electronic or written communications and/or notices from Finwise regarding the Services, their account/information and updates to the Platform.
13 Termination and restriction of access
13.1 If a User fails to comply, or if Finwise suspects that such User is not complying with any of the provisions of these Conditions or any applicable legislation or regulations, Finwise may, at its sole discretion, immediately and without notice remove the User's right of access to the Platform and/or their account. The User will remain liable for all amounts owed to Finwise in connection with their account on the Platform.
13.2 Users can delete their account on the Platform at any time. Any amount due for the Services remains due.
13.3 Finwise may suspend an account and access to the Platform with immediate effect, without notice, in its sole discretion. Any amount due for the Services remains due.
14 Absence of guarantees
14.1 The User agrees to use the Platform and all related Services at their own risk.
14.2 The Platform, related content and other materials are provided “as is”, “with all faults” and “as available”. Users expressly acknowledge that use of the Platform, related content, Services and other tasks is at their sole risk, to the fullest extent permitted by applicable law.
14.3 Finwise makes no representations or warranties, express or implied, as to the operation of the Platform, related content and other matters, and disclaims all representations or warranties of any kind, express or implied, including, but not limited to: (a) any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of rights; (b) any warranty that the Platform, related content and other tasks will meet Users' requirements and will always be available, accessible, uninterrupted, relevant, secure, operate error-free or have particular features or functionality; or (c) any implied warranty arising from established course of dealing or usage of trade.
15 Limitations of liability
15.1 Finwise will not be liable for anything to Users except in the case of gross negligence or intentional action.
15.2 To the fullest extent permitted by applicable law, Finwise will not be liable for any indirect, incidental or consequential damages (including any loss of revenue, profits, goodwill, use or data) relating to these Terms, the Platform, related content and other matters, even if Finwise has been advised of the possibility of such damages.
15.3 To the fullest extent permitted by applicable law, Finwise does not guarantee, and disclaims all liability for (a) the completeness, accuracy, availability, suitability, security or reliability of the Platform; (b) any damage caused to the Users' computer system, any loss or corruption of data, any attack or interference, any virus, hacking or any other security intrusion arising from access to or use of the Platform, or any User data; (c) the deletion, or failure to record or transmit any User data and other communications provided by the Platform; and (d) that the Platform will meet Users’ requirements or be available in an uninterrupted, secure or error-free manner. No advice or information received from Finwise or through the Services, whether oral or written, will create any warranty not expressly made in these Terms. Users are responsible for backing up their own systems.
15.4 Users are solely responsible for storing their passwords and other login information. Finwise cannot under any circumstances be held responsible in the event of loss of password.
15.5 To the fullest extent permitted by applicable law, neither Finwise nor any of its directors, officers, employees, affiliates, agents, contractors, directors or licensors shall be liable to Users or to any third party for any indirect, incidental, special or consequential damages arising from the use of the Platform or any other claim relating in any way to the use of the Platform, including for any error or omission in any content or for any loss or damage of any nature suffered due to the use of the platform, whatever the cause, regardless of the type of liability, even if they were informed of the possibility of such damage.
15.6 Finwise will take all reasonable measures to protect information submitted to the Platform and User data, but Users understand that information and data uploaded to or transmitted through the Platform are submitted at their own risk, and Finwise disclaims any liability relating in any way to such information and data, in particular if it concerns Personal Data.
16 Miscellaneous
17.1 Entire agreement: These Terms constitute the entire agreement between Users and Finwise regarding the use of the Platform. These Conditions supersede all representations, understandings, conventions or communications between Users and Finwise, in any form whatsoever. Finwise will not be bound by any term or other provision different or additional to these Terms, including any term or provision submitted by invoice, receipt, confirmation, correspondence or other documents.
17.2 Severability: Interpretation of Terms: If any part of these Terms is invalid or unenforceable, that part will be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
17.3 No Waiver: Finwise's failure to enforce or enforce any provision of these Terms will not constitute a current or future waiver of that provision or limit its right to subsequently enforce that provision. All waivers by Finwise must be in writing.
17.4 Notifications: All notifications or questions relating to these Terms or the use of the Platform must be sent to the following email address: info@Finwise.ch.
17 Applicable law and jurisdiction
17.1 These Terms are governed by and construed in accordance with Swiss law.
17.2 All disputes arising directly or indirectly from these Conditions or, generally, from the contractual relationship between you and Finwise, will be subject to the jurisdiction of the courts of Geneva, Switzerland, subject to a right of appeal to the Swiss Federal Court in the cases provided for by law.