1.1. The following Terms of Use of POWERAPI (the ToU) shall apply to the access and use of POWERAPI's platform which is a tool allowing merchants and other business owners to manage different services in one single platform (the POWERAPI Platform), accessible through mobile and online applications (the App), and through the website accessible at powerapi.com and any other features available at the same URL address (the Website), which are provided by PowerAPI SA, Rue des Cordiers 5, 1207 Genève, Switzerland (POWERAPI).
1.2. Acceptation of the ToU. Any access to or use of the POWERAPI Platform are subject to the terms and conditions of these ToU. Anyone who accesses, browses and/or uses the POWERAPI Platform through whatever channel (each a User) acknowledges to have read, understood and agreed with the terms of these ToU and the Privacy Policy accessible at https://www.powerapi.com/terms-and-conditions. If a User does not agree with these ToU, or if they do not wish to be bound by them, such User does not have the permission to use the POWERAPI Platform, or any of POWERAPI's services. Unless expressly provided otherwise, any improvement on any existing Feature or any new Feature (as defined below), shall be automatically subject to these ToU upon their availability to Users.
1.3. Amendments. The terms of these ToU may be amended from time to time and such amendments shall be notified to Users on the Website or through the App, or through whatever channel where the POWERAPI Platform is usually made available to Users. By continued access or use of the POWERAPI Platform after receiving notices of any amendment of the terms of these ToU, Users agree to be bound by any such amendment.
1.4. Access through third party providers. Access to the POWERAPI Platform may also be granted to Users by third-parties, such as POWERAPI's partners (the Partners) or the Partners' own clients (the Partner Clients), including through their own platforms (provided that special or additional terms may apply in such cases, as set forth in these ToU). Users acknowledge and agree that if they subscribe to the POWERAPI Platform through Partners or Partners' Clients, all Subscriptions or Features may not be available, and/or under terms and conditions that may diverge from those specified under the ToU, as independently set forth by the respective Partners or Partners' Clients.
2.1. Account. Access to the POWERAPI Platform require the registration of an account by the Users and the registration of their name and e-mail address (the Account) and to sign-in before it can be used. By registering an Account or using the POWERAPI Platform through any other means, Users warrant that they are the age of legal majority, at least 18 years old, and have unrestricted legal capacity in their country of domicile or residence. For the avoidance of doubt, if the User is a legal entity, any subscription for the use of the POWERAPI Platform by any of its employees, agents or representatives, on behalf of the User, is deemed as acceptance of the terms of these ToU by the User. If you are subscribing for the use of the POWERAPI Platform on behalf of the User, you represent and warrant that you are duly authorized to do so.
2.2. Accuracy. Users warrant that all information provided to POWERAPI in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
2.3. Confidentiality. Users agree to keep their login and password confidential. Users acknowledge that they are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Users authorized such use or not. Users shall be fully liable for any losses and/or damages that may result from any such use. Users agree to immediately notify POWERAPI of any unauthorized access or use of their Account or any other breach of security, or suspicion thereof.
3.1. License. Subject to the Users' compliance with the terms of these ToU, POWERAPI grants the Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the POWERAPI Platform, including without limitation and if available the features accessible on such platform available upon subscription (the Features), for the Subscription term only.
3.2. Proper use of the Platform. Users undertake to use the Platform in a proper and reasonable manner, and not to misuse the Platform in any way or use it in a way that might cause harm to POWERAPI, Partners, Partner Clients, POWERAPI's other commercial partners or other Users of the Platform. In particular, Users are not allowed to: (i) engage in "email bombing", denial-of-service attacks, or any action which may result in the injection of malicious code in the Platform; (ii) circumvent or attempt to circumvent or to disable or attempt to disable the Platform's security features; (iii) copy, modify or create derivatives of the POWERAPI Platform or the Features, in particular of the App; (iv) resell, transfer, assign, lease, lend, or license the POWERAPI Platform or the Features, in particular the App, or any other rights or licenses granted under these ToU in relation to the Platform, to third parties; and (v) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape including robots, crawlers, automatic devises or manual processes) the content of the POWERAPI Platform or the Features, in particular the App.
Without prejudice to the terms of these ToU, POWERAPI and/or its licensors reserve all rights on the POWERAPI Platform and the Features not expressly granted herein.
3.3. No obligations. Except as provided expressly therein, POWERAPI shall have no obligation to monitor the use of the POWERAPI Platform or to edit, review, update or modify any content of the POWERAPI Platform or the Features. POWERAPI reserves its right to edit, review, update or modify the content of the POWERAPI Platform or the Features without prior notice at any time. POWERAPI reserves its right to investigate on any infringement or behavior affecting the POWERAPI Platform or the Features and to cooperate with competent authorities in case of violation of any applicable law.
3.4. Representations and warranties of the Users. Users represent and warrant that (i) they will not infringe, or cause a third party to infringe, any applicable law or regulation by using the POWERAPI Platform or the Features; (ii) they will not use their Account and the POWERAPI Platform or any of the Features for any unlawful purpose; (iii) they will not infringe any intellectual property right, or other proprietary right or right of publicity or privacy, by using the POWERAPI Platform or the Features; (iv) they will not include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (v) their use of the POWERAPI Platform or the Features shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.5. Availability. POWERAPI undertakes to use its best efforts to provide an uninterrupted accessibility of the POWERAPI Platform to Users during working hours, subject to any necessary maintenance work that POWERAPI may have to carry out. The operation of the Platform may however be suspended or interrupted at any time. Users agree that POWERAPI is not liable for any such interruptions and suspensions, may they be intentional (e.g. for maintenance) or involuntary (e.g. because of a system failure).
3.6. Support. Application management support for the POWERAPI Platform shall consist of reasonable help and support by POWERAPI to the User in the use and/or access to the POWERAPI Platform (without any guarantee as to the result or success of any such help), or be as set forth in the following POWERAPI Support Policy, as may be amended from time to time: PowerAPI Support Policy guarantees a minimum uptime of 99% and commits to resolving incidents based on their criticality within the following timelines: 24 hours for critical incidents during working days, 48 hours for critical incidents outside working days or on weekends, 48 hours for non-critical incidents during working days, and 72 hours for non-critical incidents outside working days or on weekends. PowerAPI will also inform the client within 48 hours of any new feature rollout and provide a training plan.
When visiting the Website, or the App, and/or using the Platform or simply contacting POWERAPI, POWERAPI collects and processes personal data. Data-related aspects are dealt with in more details in the Privacy Policy applicable to the POWERAPI Platform, which is accessible here.
Where applicable, Users represent and warrant that Partners and Partners' Clients have duly informed them about the processing of their personal data or personal data's personnel in accordance with our Privacy Policy set forth below.
The POWERAPI Platform or the Features may contain links to third party platforms, content and/or software components incorporated into the POWERAPI Platform or the Features provided therein, developed, distributed and/or licensed by third parties. Part of the Features may further be provided by third parties and/or require the use of platforms maintained by other content providers (together, Third-Party Content). Such Third-Party Content shall be licensed, and the User shall use such Third-Party Content under, and strictly in accordance with, the applicable terms and conditions by the respective third-party in addition to the terms of these ToU, provided that the acceptance by the User of such terms shall not restrict, limit or otherwise affect or contradict any obligations or undertakings that the User makes under these ToU. Users acknowledge and agree that POWERAPI is not responsible for, and shall have no liability in connection with the Third-Party Content, pr the validity, or enforcement of any related third-party terms and conditions, policies, practices, actions, or omissions. POWERAPI is further not responsible for compliance by Users of such terms and conditions.
6.1. POWERAPI is and shall remain the sole owner of all rights, title and interest in and to the POWERAPI Platform and the Features, the Website and the App, and all intellectual property rights thereto, subject to any Third-Party Content. Nothing in these ToU shall operate any assignment or transfer of any intellectual property rights to Users. User expressly acknowledges that any infringement of POWERAPI's intellectual property rights will cause irreparable harm to POWERAPI, for which monetary damages alone would be inadequate, and that POWERAPI may thus seek injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement. Should the User become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the POWERAPI Platform or the Features, the User shall immediately inform POWERAPI and provide all useful information on such infringement or risk of infringement. POWERAPI shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement. User shall, at its own costs, provide POWERAPI with all reasonable assistance required by POWERAPI to protect its intellectual property rights, in accordance with its instructions.
6.2. Use of the Platform content. The content and layout of the Platform and the Features, and of the Website and the App, is protected by copyright (all rights reserved) and other intellectual property rights owned by POWERAPI or certain third party providers. Information provided on the Platform may only be downloaded, printed or otherwise reproduced for personal and internal purposes as required by the Users' business development and provided that the copyright notices and other designations regarding proprietorship are retained. Users, Partners and Partner Clients do not acquire rights by reproducing or copying any information available by POWERAPI on the Platform; POWERAPI retains all such rights.
6.3. Trademarks. "PowerAPI" and related trademarks, brands or logos are, among others, marks owned by POWERAPI. Other verbal and/or graphic elements featured on the Platform and used to identify the origin of a product or service may be the trademarks of third parties, for example the trademark of one of POWERAPI's commercial partners. These trademarks may not be reproduced or used without the prior consent of their owners.
7.1. The Features available to the User are indicated on the POWERAPI Platform and the User may select Features from the list available on the POWERAPI Platform. Depending on the Subscription activated by the User, certain Features may not be available and, where Features are provided by third parties, they may be subject to the payment of an additional fee by the User, who may also be requested to provide additional data to POWERAPI and to third parties providing the relevant Features.
7.2. Subscriptions. All the subscription models available to the User are indicated on the POWERAPI Platform (the Subscriptions), together with the content and fees applicable for such Subscriptions. Subscriptions shall be (i) valid for one month for the monthly Subscriptions, for 12 months for the annual Subscriptions, or for any other term expressly indicated on the POWERAPI Platform, and (ii) automatically renewed upon expiry of the then current Subscription term, for consecutive Subscription terms of the same duration or any other duration expressly indicated on the POWERAPI Platform, subject to termination at any time via their account settings or by e-mail, no later than on the last day of the then current term of such Subscription.
7.3. Changes. Changes of the Features and/or the Subscriptions by POWERAPI shall become effective as indicated to the User by POWERAPI. If no further specification is provided by POWERAPI, changes shall become effective: (i) immediately upon notice to the User for any additional Features and/or Subscriptions; and (ii) as of the next renewal for any current Subscription. If the Subscription is no longer available upon its renewal, such Subscription shall automatically be transformed into a Subscription under the next closest Subscription existing as of its renewal, as advised by POWERAPI.
7.4. Fees. The applicable fees to be paid by the Users to POWERAPI as per the relevant Subscriptions of the User and/or the use of Features provided by third parties (if any) shall be paid in advance directly on the POWERAPI Platform. The fees are drawn automatically the first day of each month by using the credit card information indicated by the User for the Subscriptions. Unless otherwise indicated, such fees are nonrefundable and shall be in Euro (EUR) and exclusive of any taxes. In the event of a delay in payment by the User, the relevant fees will be subject to interest at the Euribor rate + 5% (at a minimum of 5%). For the avoidance of doubt, the applicable Subscription fees are due regardless of whether the User actively uses its Subscription and related Features or not.
8.1. Termination or suspension by POWERAPI. Users agree that POWERAPI may, at POWERAPI's sole discretion, suspend or terminate their Account and/or any Subscription, and/or their access and/or their use to all or part of POWERAPI Platform and the Features with immediate effect in case of breach of the terms of these ToU (in particular in case of non-payment of the relevant fees due by the User), without incurring any liability. Any suspected illegal, fraudulent or abusive activity may be valid grounds for suspending or terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, User's right to access and/or use the POWERAPI Platform and the Features will immediately cease, including any license for the use of the POWERAPI Platform or the Features. If User has not activated any Subscription (as defined below) on the POWERAPI Platform, or has not logged into its Account for a continuous period of [12 months], POWERAPI further reserves the right to terminate Users' Account, subject to a 30-day prior written notice (including by e-mail), if the User has not expressed their intention to maintain their Subscription within such notice period. POWERAPI further reserves the right to suspend or terminate an Account with immediate effect and for an indefinite period, if we have a reason to believe that the data provided by Users is incorrect or false, or that the security of the Account has been compromised in any way, or for any other reason POWERAPI may find just or equitable. Subject to applicable law, POWERAPI reserves the right to remove or delete any information and/or content, in particular any Account or login information.
8.2. Termination by Users. Users have the right to terminate their Account at any time via their account settings or by e-mail. Any payment for Subscriptions is final and is due in full. Unless otherwise provided by mandatory applicable consumer laws, POWERAPI will not issue refunds if Users cancel the Subscriptions after purchase. For information on refund eligibility, Users can send an email to hello@powerapi.com.
9.1. Disclaimer. Users agree that their access and use of the POWERAPI Platform or the Features shall be at their sole risk and liability. Users acknowledge that the content of the POWERAPI Platform or the Features is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, POWERAPI disclaims all warranties, express or implied, in connection with the POWERAPI Platform or the Features.
9.2. No further representations and warranties and exclusion of liability. Furthermore, POWERAPI and/or the Partners and/or the Partner Clients make no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the POWERAPI Platform or the Features, such as errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations to access and use of the POWERAPI Platform or the Features; (iii) personal injury; or (iv) property damage, including data loss, of any nature whatsoever resulting from (a) the Users' access or use of the POWERAPI Platform or the Features; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the POWERAPI Platform or the Features; (c) any interruption or cessation of transmission to or from the POWERAPI Platform or the Features; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the POWERAPI Platform or the Features by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the POWERAPI Platform or the Features.
9.3. Indirect damages. POWERAPI and/or the Partners and/or the Partner Clients further waive all liability for any indirect, consequential or special losses or damages of any kind whatsoever, including lost profits or loss of data, arising from, or in connection with, the access and use of the POWERAPI Platform or the Features, including authorized or unauthorized third party use of Accounts, provided on or otherwise in connection with the POWERAPI Platform or the Features.
9.4. Third-party providers. POWERAPI will under no circumstances be liable for any damage arising from third-party providers', the Partners' and/or Partner Clients' practices, actions, or omissions.
Users shall defend, hold harmless and indemnify POWERAPI, POWERAPI's affiliates, directors, corporate bodies, officers and employees (Representatives), as well as the Partners and/or the Partner Clients, and their Representatives, against and from any claim, demand, dispute, litigation, damage or loss (including reasonable attorney's fees) that they may sustain or incur as a result of or in relation to (i) any breach by Users of these ToU, (ii) any breach by Users of applicable law, (iii) any incorrect, incomplete and/or misleading information provided by Users; in all cases even in the absence of any fault, negligence or wrongdoing attributable to Users.
The indemnification under this Section 10 will be in addition to any other right, indemnity, claim or remedy which may be available to POWERAPI, POWERAPI's Representatives, as well as the Partners and the Partner Clients, and their Representatives, under the ToU or applicable law.
11.1. Severability. If any provision of these ToU or any part thereof is or becomes illegal, invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
11.2. No Waiver. The failure of POWERAPI to enforce any of the provisions of these ToU or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these ToU. The waiver of any breach of these ToU by POWERAPI shall not be construed as a waiver of any other prior or subsequent breach.
11.3. No Assignments. Users shall not be permitted to assign any rights created under the terms of these ToU without the prior written consent of POWERAPI.
If Users have any questions regarding the POWERAPI Platform, the Features, or the ToU please contact POWERAPI at hello@powerapi.com.
13.1. Governing Law. These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
13.2. Jurisdiction. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.
Unless otherwise defined in this privacy policy (the Policy), capitalized terms have the same meaning as in the Terms of Use of POWERAPI Platform.
We, PowerAPI SA, a Swiss company limited by shares, whose registered office is located at Rue des Cordiers 5, 1207 Genève (the Company, we, us, or ourselves) respect your privacy.
To run our business, we collect and use information about individuals that use or otherwise access to our mobile application, available on smartphones, tablets, and other electronic devices, on iOS and Android, and to our website accessible at powerapi.com and any other products and/or services available at the same URL address, including our Platform (referred to as personal data). The protection of your personal data is important to the Company. We therefore process any personal data entrusted to us in compliance with the law.
As part of our commitment to protect your personal data, we want to inform you:
This policy applies to any and all forms of use and processing of personal data, in connection with the use of, and access to, our App, Website and Platform, and related services.
The Company is responsible for the processing, as controller, of your personal data and has appointed [name of the representative], located at [representative's address], as its representative in the EU.
We collect and process identification information about all individuals with whom we interact in relation to our services, such as the name, email address, date of birth and residence address.
This information may either be directly provided by you or provided by the legal entity for whom you work (e.g. if you are the contact person designated by your employer to manage the Account).
If you are a visitor or user of our Platform, we may also collect and process the following personal data about you:
Whenever personal data is collected (e.g. in application forms), we will indicate whether the provision of such data is mandatory (e.g. with an asterisk) and the consequences of a refusal to provide the requested data.
We only process your personal data provided:
We process your personal data for specific purposes and only to the extent relevant to achieve these purposes. In particular, we process your personal data for the following purposes, in order to perform our pre-contractual, contractual obligations:
The following purposes are based on the legitimate interest of the Company for processing of your personal data, on our legal obligations, or where legally required, on your consent:
Finally, your consent is necessary for processing your personal data pursuant to the following purposes:
We may transfer personal data to third parties outside the Company, acting as processors, to achieve the purposes listed in Section 5.2 above, to the extent they need it to carry out the instructions we have given to them. Such third parties include our (IT) systems, cloud service and database providers, our payroll provider and (public) transport companies, third parties involved in the provision of the services, as well as other third parties with whom you allow us to share data. If you are a User, we may in particular share your personal data with our Partners and Partners Clients, as applicable.
As processors, the above third parties enter into an agreement with Company to process your personal data.
Where required, we may also transfer your personal data to:
As a Swiss company, we mainly process your data in Switzerland. The personal data transferred to the recipients set out in Section 6.1 may be processed in a country outside of Switzerland or the European Economic Area (the EEA), such as the United States of America (the US). These countries may not offer the same level of personal data protection as EEA countries and Switzerland.
If your personal data is transferred to a country that has not been recognized as offering an adequate level of protection for personal data under applicable law, we will put in place the legally required safeguards or rely on the relevant legal derogations to ensure such transfer is carried out in compliance with the applicable law, such as through application of an international treaty or implementation of binding corporate rules or standard contractual clauses (SCCs), in each case as approved by the competent supervisory authorities. In particular, we may rely on a legal framework offering equivalent guarantees, such as the Swiss-US Privacy Framework (the Swiss-US DPF) in the case of our service providers located in the US. Such transfer of personal data may also rely on statutory derogations such as your consent, contract necessity, the recognition, safeguarding or exercise of rights, an overriding public interest, personal data made public without objection.
In particular, your personal data may be transferred to Amazon Web Services (AWS) or Google LLC, in the US, which are listed among the list of US companies that have self-certified and declared to comply with the Swiss-U.S. DPF, guaranteeing an adequate level of data protection.
You may request additional information in this respect and obtain a copy of the relevant safeguard by exercising your rights as set out below.
Our Website, App and/or Platform may contain links to other websites such as Facebook, Instagram, Twitter, LinkedIn, Google, Spotify or Medium & Pinterest. This Policy does not apply to the practices of any company or individual that the Company does not control, nor to any websites that may be linked from our websites. You should carefully review the privacy policies of any websites that you visit from our Website, App and/or Platform to learn more about their information and privacy practices. The collection and use of your personal information shall be governed by such other party or website's privacy policy and the Company shall not be held responsible for their privacy practices.
We will only retain personal data for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or contractual requirements, the time in which any litigations might arise and the need to answer queries or resolve issues.
In general, we keep personal data for as long as you maintain a contractual relationship with us and for maximum 24 months after your last interaction with the Company (unless a longer retention period is legally required).
Within the limits and under the conditions set forth in the applicable law, you are entitled to:
To exercise the above rights, you may send a request by post (Rue des Cordiers 5, 1207 Genève, Switzerland) or by email to hello@powerapi.com. We will respond in compliance with applicable law.
When you submit a request, we may require that you provide information to confirm your identity.
The exercise of the abovementioned rights (e.g. your objection to the processing of your personal data or withdrawal of any previously given consent) may prevent us from providing you with all or part of our services. If we consider that, by agreeing to your request, we would no longer be able to provide our services to you in a manner that fulfills our quality standards, we may decide to terminate our relationship with you.
The above-mentioned rights may also be limited – for example when we are required to obtain and process your personal data to comply with applicable law and regulation, to assert or defend against legal claims, or when we have other legitimate grounds for the processing that override your interests and rights. We may therefore be entitled to continue processing your personal data even after you have chosen to withdraw your consent or objected to the processing of your personal data.
If requests are manifestly unfounded or excessive, in particular because of their repetitive character, we reserve the right to either charge a reasonable fee taking into account the request or refuse to act on the request.
If you are not satisfied with how POWERAPI processes your personal data, please let us know and we will investigate your concern.
In addition, you have the right to make a complaint to the competent data protection authority.
This Policy may be subject to amendments. Any future changes or additions to the processing of personal data as described in this Policy affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you.
10.1. Applicable law. This Policy is governed by and construed in accordance with Swiss law, excluding its conflict of laws rules.
10.2. Jurisdiction. Any dispute arising out of or in relation to this Policy shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.