Terms & Conditions of Service for the SupSpot Software

Last updated: Dezember 2017


The following terms and conditions (“Terms”) are a legal agreement between you (“you”, “your”) and the SupSpot Service Software with is part and owned by Creative Tribe GmbH (“Creative Tribe”, “we”, “our” or “us”) which governs your use of our software and services, our mobile application (“App” or “Software”) and any version of our B2B Service.

Creative Tribe GmbH is registered at Goldauerstrasse 57, 8006 Zürich, Switzerland, as a Limited Company under the Jurisdiction of the court Kanton Zürich in Switzerland.

This agreement is separated into three parts: Part one describes all of the terms governing your use of the Services. Part two describes all of the terms particularly governing payment processing as part of the Services. Part three contains additional legal terms determining the legal relationship between you and us.

In order to use our Services you must fully accept these Terms, you confirm that you have read, understood and accepted our Privacy Policy.

PART ONE - The Services

1. General

1.1. Our Services enables you to accept bookings and reservations trough our software SupSpot, both Mobile App, Web service or API.

1.2. You can use the Services either through a Mobile App provided by us or over the CMS - Booking Manager by manual entry of the reservation, courses or other activities related to the business.

1.3 We provide you with both Card and card-not-present payment services that enable you to accept e-commerce payments through a third party application or Terminal (a “Partner Application” such as “Sumup” or “Stripe”) i.e. through a mobile Application or a website, provided to you by a partner (the “Partner”) under a separate commercial relationship between you and the Partner. In case you only accept Cash Payments, the provisions of this Agreement relating to Card Readers and procedures relating to a card being presented by the payer do not apply to you.

We are not responsible for the payment services provided as part of the partner application. We are not responsible for the functionality of the Partner Application or any service provided to you or card holders by the Partner.

If agreed between you and the Partner, we may charge fees that not only cover our transaction fees but also include a charge on behalf of the Partner to collect funds that you owe to a Partner under the separate commercial agreement you have with the Partner (the “Partner Charge”).

1.4. We will not cause any funds resulting from your credit or e-commerce payment Transactions, those are credited to our payment partners and will pay out under the partners agreement or Terms to your bank account. Separate to each Payout we will send a formal monthly bill for our service fees (“Fees”). In case you select a pricing plan (“Plan”) you shall pay any applicable recurring fees based on the Plan you select. Our current Fees and Plans are listed on our website.

1.4.1. By accepting these terms, you declare and request from us that we may charge blended fees for different services, such as tailored software solutions, or support caused by wrong handling.

1.4.2. We will provide you with access to on-going account statements, booking information, Staff management, client management etc ... By accepting these terms, you request and agree that we aggregate and update our software and App constantly in order to ensure and improve our services, payment instruments, and other services related that are essential to provides our service.

1.5. Our obligations under these Terms are limited to providing you with an Account and the Services. We will use all reasonable means to provide the Services to you twenty-four (24) hours a day, seven (7) days a week, all year. We may, however, suspend at our reasonable discretion the Services to be provided to you or limit the duration of the Services in order to perform maintenance services or if required by law or if you have failed to comply with material obligations under these Terms or if there is reasonable suspicion of money laundering or terrorist financing.

1.6. We provide you with a Transaction history and further analysis systems, if applicable.

1.7. We may at any time update or modify the Services with immediate effect without prior notification.

1.8. We reserve the right to appoint a third party in order to fulfil some or all of our obligations under these Terms.

2. SupSpot Account

2.1. To use the Services of SupSpot you must register via email or web and sign up for a SupSpot Account (“Account”). You confirm that all information submitted by you about you and/or your business is valid at the time of entering into these Terms. Upon successful sign-up, you will receive a confirmation email to your primary, registered email address. You may open only one (1) Account, unless we explicitly approve the opening of additional Accounts or sub-Accounts. You must ensure that the information recorded on your Account is always accurate and up to date.

2.2. You must choose a reasonably descriptive identification name that - if different from your company name - clearly identifies you or your business and provide your correct contact phone number. The identification name and the contact number may appear on the tickets printed for cash or card purchases.

2.3. When you have registered and signed up for an Account and accepted these Terms, we may perform a credit check on you and may require you to supply additional documentation in order for us to be able to carry out any necessary checks in accordance with applicable anti-money laundering and anti-terrorism financing laws and regulations as determined by us in our sole discretion. We shall obtain such credit information and make such additional checks and you shall assist us in that regard to the extent necessary.

2.4. The decision whether your identity has been properly verified according to section 2.3 will be entirely at our discretion. Until you have been successfully identified and verified by us, these Terms constitute a preliminary agreement that binds you fully and we reserve the right to terminate or not to start to provide any Services under these Terms at any time during this period.

2.5. Your Account will be registered on one of our servers.

2.6. If there is no activity in your SupSpot account for one (1) years, consecutively, we will be entitled to send a notification to your registered email address and in case you do not respond to our notice within thirty (30) days and state that you want to keep your Account, we will automatically close your Account.

3. Restrictions of Using the Services

3.1. In order to use our Services you require a compatible mobile device and Internet connection services supplied to you by third parties. Such third parties may charge you for using a mobile device and/or Internet connection to access the Services and you are solely responsible for the payment of such fees.

3.2. By accepting these Terms you confirm that you are a natural person or legal entity acting only in your own commercial or professional capacity and at the time of signing these Terms are duly authorised to conduct business in one or more of the countries supported by us (“Territories”). If you are a natural person, you must be eighteen (18) years or older to use the Services. We may require at any time that you provide evidence of your age.

3.3. By accepting these terms you also agree to the network rules (“Network Rules”) as set forth by the credit card organizations including, but not limited to Visa, Mastercard and American Express (together, “Card Schemes”). The Network Rules may require that some of our merchants enter into a separate agreement with one of our acquiring bank partners or the Card Schemes themselves depending on their volume of Transactions. If you are such a merchant we will notify you and provide you with a separate agreement at such time. In case of any conflict between these Terms and such acquirer agreement, the terms of the acquirer agreement shall prevail for the purposes of resolving this conflict.

3.4. Without explicit prior authorisation by us, you are not entitled to accept Transactions related to goods and/or services, (i) that are not provided for your own account or are provided by order of any third party other than you; (ii) that are not provided in the ordinary course of your business as identified to us, including accepting repayments of a credit previously granted or of a cash payment previously made by you to the Cardholder; (iii) involving or being connected to any illegal content, content that is subject to protection of minors according to applicable law or instructions for making weapons or explosives; (iv) that are related to gambling services, whether illegal or not, under any applicable laws; (v) that are related to sex shops or pornographic entertainment (except for adult entertainment magazines); (vi) that are related to weapons or illegal drugs or products; (vii) that are related to alcohol or tobacco to the extent that alcohol and tobacco represent the only products sold by your business; (viii) that we reasonably believe to be capable of damaging any of the Card Schemes' or our reputation; (ix) that are prohibited under any laws or regulations applicable to you, to the cardholder or to any of your products or services, or which are otherwise illegal. We shall at our sole discretion decide whether your use of the Services shall be deemed attributable to any of the above products or services and therefore not in accordance with the Terms. We reserve the right in our sole discretion, to add categories of prohibited transactions or business categories by adding such categories either to these Terms or an acceptable use policy.

3.5. If you submit to us or attempt to submit to us any Transaction we believe is in violation of these Terms or the law and/or exposes us, other users of our Services or our processors to harm (including without limitation fraud, brand or reputational damage or criminal acts) we reserve the right not to authorise, to suspend or reverse the Transaction; and/ or to close or suspend your Account; and/or to report the transaction to the relevant law enforcement agency; and/or to claim damages from you; and/or charge you an administration fee of up to CHF 500.00 in case we apply any of the above.

4. Terminals & Software

4.1. You can purchase, lease or borrow Terminals or Hardware components such as printers or barcode readers etc.. (“StarMicronics Printer iOS Printer” “Sumup Card Terminal”) from the pre-approved partners at a purchase price or lease terms as determined by the partners from time to time or as published on the partner website. Separate terms may apply for the purchase.

4.2. You can use only the pre-approved hardware devices as we can’t and won’t guarantee the service or functionality with 3rd party devices that haven’t been previously been approved by SupSpot.

4.3. You are not allowed to sell, rent, license or transfer the App or Software Account to a third party or allow the use by a third party. You are also not allowed to modify the software or the hardware of the Terminal in any way. You must not use the App and Software for any purpose other than the renting, managing of water sports products such as Stand up paddles, kayaks, boats, surf boards or similar.

4.4. You shall install any and all App updates to continue using the Services.

5. Your Obligations

5.1. You may initiate Transactions, bookings or sales under these Terms by exclusively using the SupSpot App or Software that were provided to you by us.

5.2. You shall not accept any Transactions where the payment card does not contain all of the elements that are typical for that type of card, where the payment card appears to be manipulated or damaged or where the payment card has expired.

5.3. You must monitor your Account and your Transaction history and refund to the respective Cardholder any Transactions that you received in error or the excess where the amount of the Transaction was wrong.

5.4. You shall promptly inform us of any changes in the information that you provided at the time of entering into these Terms, including changes in the type or nature of your business, changes in the product range, any sale or lease of your company or any other change of ownership, any change of the legal form or name of your company, changes of the address or bank account details of the company, a material adverse change in your financial condition and changes in the information that you have provided in accordance with the laws against money laundering or terrorist financing.

5.5. You shall display any SupSpot advertisement material that you receive from us in plain view at your business premises. Such material may include stickers for your store, shop or car window with the SupSpot logo and/or the Card Schemes’ logos or signs or leaflets required to be displayed by the Card Schemes, law or SupSpot.

5.6. You shall make available to the Cardholder a paper-based receipt of the Transaction if required by law or Card Scheme regulations. Additionally, you may provide Cardholders with an option (but not in lieu of a paper-based receipt if such is required by law) to receive a receipt for the Transaction via email or text message.

5.7. You acknowledge that you are solely responsible to ensure that your Account login details are kept secure from any other person, that no user of the App or Software shall manipulate the data input and that there is no unauthorised use of your Account, App, Software or of any other confidential information associated with the use of the Services. If you suspect or know your Account has been used without authorisation you have to notify us immediately to change your login and password for your Account. We will take reasonable actions to prevent unauthorised use of your data once we receive such notification.

5.8. You are obligated to comply with the applicable provisions of the Card Industry Data Security Standard (PCI-DSS) during the duration of these terms ("PCI Compliance"). In particular, you must comply with these regulations with regards to the storage, processing and transmission of payment card data. Information about the PCI-DSS is available on the website of the PCI Council, http://pcisecuritystandards.org.

5.9. You must promptly review any statements (e.g. invoices or settlement statements) provided by us as well as the settlements, refunds, chargebacks or any other transactions, paid or charged to your bank account or the Cardholder. You must object to the statement without undue delay, at the latest within twenty-five (25) business days (“Business Day” means any day from Monday to Friday but not including bank holidays or other public holidays in Switzerland) after receipt of the relevant statement or date of the respective payment. Failure to object in time shall be deemed an approval. We reserve the right to reissue corrected statements or correct any payments after the expiration of this deadline. Except as required by law, you shall be solely responsible for keeping records of all Transactions and other data related to your Account and your use of the Services.

PART TWO - Payment Processing

6. Funds

6.1. For the purpose of these Terms, you explicitly authorise us and any financial institution that we work with to hold, receive and disburse funds as set forth in section 1.3 on your behalf. The above authorisation will remain in full force and effect until your Account is closed or terminated. Payouts to your bank account are executed, at least in part, by third party financial institutions (for example, the banks where you and us hold our bank accounts) and we shall not be responsible for the ultimate credit of funds to your bank account once we have paid out the funds to your bank.

6.2. You will not receive interest or any other earnings on any funds in your Account. You irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to the funds in your Account.

6.3. We will not make any Payouts or refunds of funds related to transactions that have not yet been received by us or our partners from the designated financial institutions.

6.4. We shall be entitled to conduct an investigation or resolve any pending dispute related to your Account, and as a result we may restrict access to your Account for the time it takes for us to do so.

7. Reserve

7.1. For the purpose of securing & performance of your Account we do not allow to run our service from any other server that aren’t from SupSpot or SupSpot approved.

7.2. SupSpot will not be accountable or responsible for any interruption in the service, App or Software.

7.3. If you owe us a monthly amount at or by the beginning of the followed month of the issued bill, we Reserve us the right to suspend your account and service until the amount has been payed. Your failure to fully pay amounts that you owe us on demand will be a serious breach of these Terms and you will bear all costs associated with collection of such amounts, including without limitation, attorneys’ fees and expenses, collection agency fees, and any applicable interest.

8. Chargebacks

8.1. SupSpot is not responsible for Chargebacks reclaimed by the final customers of the service or product provided by you.

8.2. For card or e-commerce Chargeback disputes you need to address the payment partner (“Sumup”, “Stripe” or others) as SupSpot is in any form responsible for payment Transaction disputes serviced by these partners.

9. Refunds and Returns

9.1. Under these Terms and by accepting payments and Transactions with partner Services, you shall process returns and provide refunds through your partner Accounts in accordance with these Terms and the partner Rules.

9.2. SupSpot is in any way responsible for refunds or returns caused by partner services or service interruptions.

9.3. You are responsible to attend any reclaims or Refund disputes by your final clients in the appropriate way and time.

10. Taxes

You shall be liable for determining, collecting, withholding, reporting and remitting to the appropriate tax authorities any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of our Services. If required to do so by a law or a government authority we shall be authorised but not obligated to report your Account details and history of Transactions to the relevant authorities.

11. Our Liabilities

11.1. To the maximum extent permitted by the law, we shall not be liable for direct or indirect losses and damages or non-performance under these Terms which result from our compliance with legal and regulatory requirements of service, any force majeure events or your breach of these Terms or any applicable legal and regulatory requirements.

11.2. We shall not be liable for any indirect or consequential losses including loss of profit or loss of reputation.

11.3. Nothing in these Terms shall exclude our liability for any statutory liability that cannot be excluded or amended by agreement between the parties.

11.4. SupSpot does not warrant or shall be made liable for actions or omissions of any third party involved in the Services or for third parties Hardware devices.

11.5. We shall not be liable for any disruption or impairment of the Services or for disruptions or impairments of intermediary services under these Terms.

11.6. In any case we shall not be liable for any claims, proceedings, damages or losses in an amount exceeding the amount of the Fees collected by us for the provision of the Services to you during the last three (3) months preceding the occurrence of the event on which the eventual claim is based.

11.7. We shall not be made liable for any defects for third party hardware and other products that we may sell or include with the Services. The manufacturer, who is solely responsible for service and support, shall specify warranty and other terms for such hardware and products.

12. Indemnification

You will indemnify, defend and hold us and our employees, directors, agents, affiliates and representatives and our processors harmless from and against any and all claims, costs (including without limitation reasonable attorneys’ fees), losses and damages arising out of any claim, action, audit, investigation or other proceeding resulting from (i) your breach of any law, rule or regulation of any applicable jurisdiction or of any of the provisions of these Terms, of any other additional terms and conditions applicable to your Account; or (ii) your wrongful or improper use of the Services; or (iii) any Transaction submitted by you through the Services; or (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (v) any other party’s access and/ or use of the Services with your unique username, password or other appropriate security code.

13. Confidentiality & Privacy

13.1. You and us shall treat confidential information that you obtain from us or we obtain from you or from the final Customer in connection with this agreement as confidential, and in particular not to allow third parties access to such confidential information. In particular, any operating and/or trade secrets of either you or us as well as any non- anonymous information on the final Customer are confidential information. You and us are obliged to comply with applicable data protection regulation and to take adequate precautions against the unauthorised use of information and Customer data. Such data may only be stored if and for so long as it is absolutely necessary.

13.2. If personal data of Customers is transferred back from us to you, you may only use such data to the extent required to control limits, to take anti-fraud measures or to avoid defaults, and not for other purposes such as profiling (e.g. evaluation of purchasing behaviour) or for sales and marketing activities, unless the final Customer explicitly consents to such other use. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the final Customer. You must comply with all relevant data protection legislation.

13.3. More detailed information about how we collect, use and protect your data can be given at any time when demanded by you.

14. Third Party Relations

We are not a party to the legal relationship between you and the final Customer and we assume no liability whatsoever relating to the underlying purpose of any Transactions, including, but not limited to, the quality and nature of the goods and services you offer for sale, the sale price, discounts, warranty conditions, etc. You shall always present yourself as a separate entity from SupSpot.

15. Term, Suspension, Termination

15.1. You may terminate and close your Account at any time. We may at any time suspend or terminate and close your Account for any or no reason at any time upon prior notice to you. We may also suspend or terminate and close your Account without prior notice if: (i) you breach any condition of these Terms or any other condition applicable to specific Services covered by separate terms and conditions, including, without limitation, Partner Rules; or (ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our Services; or (iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity; or (iv) you pose an unacceptable credit or fraud risk to us, or (v) if we reasonably believe that your Account has been compromised or for other security reasons.

15.2. If your Account is terminated or closed for any reason you shall: (i) continue to be bound by these Terms, (ii) immediately stop using the Services, (iii) acknowledge that the license to access and use the Services provided to you under these Terms shall end, (iv) accept that we reserve the right, but shall have no obligation, to delete all of your Account data stored on our servers, and (v) not make us liable to you or any third party for termination of the access to the Services or for deletion of your Account data.

15.3. Following the effective termination of your Account you shall immediately pay us all amounts owed by you under these Terms.

16. Communication

16.1. Written communication and notices from us to you will be sent by email to your specified email address or posted on our website. Such communication and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.

16.2. For this purpose you shall at all times maintain at least one valid email address in your Account. We will not bear responsibility if the sole email address specified by you is not valid or if you have changed your email address but have not notified us of such change.

16.3. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our website. Where legislation requires us to provide information to you on a durable medium, we will either send you an email or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format. You are required to keep copies of all communications we send or make available to you.

16.4. Apart from communicating via email, we reserve the right to contact you via letter or telephone, when appropriate. Any communication or notice sent by post will be deemed received three (3) Business Days from the date of posting for Swiss post or within five (5) Business Days of posting for international post.

16.5. We will set your preferred language based on the country you choose during the registration process and we will send you standard communications in your chosen language. For non-standard communication, we reserve the right to communicate with you in English language. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

17. Intellectual Property Rights

17.1. Intellectual Property Rights (“Geistiges Eigentum”) means any and all rights related directly or indirectly to the Services, Mobile Apps, the website, the internet domain names, all content, the technology related to the Services and all logos including, but not limited to, copyrights, moral rights, database rights, trademarks, name rights, utility models and design rights, patents, and all other exclusive and non-exclusive rights worldwide as may now exist or come into existence, are granted or transferred in the future.

17.2. We (or our licensors) are the exclusive owner of all Intellectual Property Rights pertaining to the Services and nothing in these Terms shall be construed as transfer or concession of the Intellectual Property Rights to you. You may not copy, imitate or use the Intellectual Property Rights without our prior written consent.

17.3. We grant you a personal, limited, non-exclusive, revocable, non-transferable license (without the right to sublicense) to electronically access and use the Services for the purpose to accept bookings, sales or Transactions.

17.4. Without our prior written consent, you shall not (i) transfer any rights granted to you under these Terms to a third party; (ii) provide any third party with the opportunity to use the Services (for rent, lease or otherwise); (iii) access or monitor any content, material or information on any SupSpot system manually or by automated means such as robots, spiders, scrapers, etc.; (iv) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way content, material or information of SupSpot; (v) violate the restrictions in any robot exclusion headers on the Service, work around, bypass or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; or (vi) use the Services for purposes different from the purpose allowed under these Terms.

17.5. You may generate and submit to us content as part of using the Services (“User Content”). You shall retain all rights in your User Content, subject to the rights you grant to us by accepting these Terms. For any User Content that you submit you acknowledge that you are the content owner or that you have permission from the copyright owner to upload the content and you grant us a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub licensable right to use and reproduce that content in any promotional activity and public display related to the Services or SupSpot. You may delete User Content submitted by you through terminating your Account. You shall not submit User Content to the Services that: (i) is false, misleading, unlawful, obscene, indecent, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty towards or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with SupSpot’s or its partners’ products and services; or (vi) based on our own judgment prohibits any person or entity from using or enjoying the Services, or which may expose us to any harm or liability. Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right to edit or delete any User Content at any time without notifying you. You acknowledge that by using the Services, you may be exposed to offensive, indecent, or objectionable User Content. We do not assume any responsibility or liability for any loss or damage to any of your User Content.

18. Amendments

18.1. We have the right to amend these Terms at any time and to change, delete, discontinue or impose conditions on any aspect of the Services.

18.2. We will notify you of any proposed change to these Terms by sending an email to your primary email address registered with your Account or by notifying you from within the App.

18.3. The proposed change will come into effect two (2) months after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect. Changes that make these Terms more favourable to you will come into effect immediately if so stated in the change notice.

18.4. The latest version of the Terms shall be accessible on our website.

19. Severability

If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

20. Assignment

20.1. We shall be entitled to freely assign our rights and obligations under these Terms to any third party and your consent for such assignment shall be considered as granted by virtue of these Terms.

20.2. You may not assign any of your rights and obligations under these Terms to third parties without our prior written consent.

21. Disputes

21.1. Any complaints about the Services shall be addressed to us in the first instance by contacting our customer service.

21.2. Any dispute arising out of or in connection with these Terms, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the courts of Zürich, Switzerland, except where prohibited by EU law. Before referring the dispute to court, you and us will endeavour to resolve the dispute by amicable negotiations.

22. Governing Law

Your Account is operating in Switzerland, the EU or Internationally, and these Terms shall be governed by and construed under and in accordance with the Law in Switzerland.