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1.1 These General Terms and Conditions (the "GTC") apply to all offers and services of Apsara Software GmbH, Hohlstrasse 210, 8004 Zürich, Switzerland (the "Provider"), relating to the Ocio Platform, toward its business customers (each a "Customer"). A Customer can be any organization: commercial, non-profit, voluntary and administrative organizations, registered or not, and single persons acting in that capacity.
1.2 The GTC apply exclusively. Conflicting or deviating terms of the Customer apply only if the Provider has expressly accepted them in writing.
1.3 The GTC apply to business customers. Toward end customers they apply only insofar as they concern their Ocio account; mandatory consumer law remains reserved.
1.4 The individual contract (clause 2) contains what applies specifically to the Customer: package, add-ons, prices, billing period, start, support level and any promotion terms. These GTC and their annexes contain what applies to every Customer. Together they form the contract. In case of conflict, the individual contract prevails over the GTC for the point concerned.
1.5 All persons who use the platform for the Customer, including owners, administrators and teachers, do so with their own Ocio account and are subject to these GTC.
1.6 The platform is intended for organizations that carry on their business activity in Switzerland. A prerequisite is that the organization has a bank account in Switzerland and can process payments in Swiss francs. The Provider may decline an order on this ground (clause 2.3) and terminate the contract at the end of the current period if the organization no longer meets these requirements; prepaid fees are refunded pro rata for the time thereafter.
2. Offer and conclusion of contract
2.1 The information on the pricing page of ocioapp.ai is an invitation to order. The contract is concluded exclusively electronically: by the Customer's responsible person accepting the individual contract on ocioapp.ai and the Provider issuing it from [email protected]. No signature is required from either side. Both sides receive the individual contract as a PDF with these GTC attached. There is no other way of concluding the contract.
2.2 The person who accepts the individual contract for the Customer is the responsible person and confirms that they are authorized to bind the Customer. If the Customer is not registered in the commercial register, or is a single person, the responsible person is liable personally together with the Customer.
2.3 Before providing the platform, the Provider may verify the identity of the Customer and the authority of the responsible person. It may decline the contract within five business days of conclusion if that verification fails, if providing the platform is technically impossible, if the requirements of clause 1.6 are not met, or if legal review requires it. No costs arise for the Customer in that case.
2.4 The scope of the services follows from the individual contract together with these GTC, in particular the service description (Annex 1), the feature catalogue (Annex 1a) and the Ocio AI annex (Annex 1b), each in the version in force at conclusion.
2.5 Role of the Provider. The Provider supplies the technical platform. Contracts concluded between the Customer and its end customers for courses, events, workshops, private lessons, rooms or facilities come about exclusively between the Customer and the end customer. The Provider becomes neither a party nor the Customer's agent. The Customer alone is responsible for the performance, delivery, cancellation or reversal of these contracts. The Customer does not give its end customers the impression that the Provider is responsible for its offering.
2.6 Payment service providers. The Customer concludes the contracts with the supported payment service providers, currently Stripe, in its own name and for its own account and bears all fees arising from them. The Provider is not liable for service disruptions, blocks or outages of the payment service providers. The details of payment processing are set out in Annex 1 clause 7.
3. Services and cooperation of the Customer
3.1 Services. The Provider performs the services carefully and professionally in accordance with these GTC, their annexes and the individual contract. For the term of the contract the Customer receives a non-exclusive, non-transferable right of use (clause 8.3).
3.2 Support. Support is requested by email to [email protected] and provided on Swiss business days. The support level included in the package (Annex 1 clause 3) and any service levels follow from the individual contract; without such an agreement no response or resolution times are owed.
3.3 Development. The Provider develops the platform continuously and may change, add or remove features as long as the essential character of the contractual service remains, in particular to implement changed legal, tariff or technical requirements. It informs the Customer in advance, where possible, about changes that affect the Customer's use and about the removal of a feature the Customer uses. If a feature that was an essential part of the ordered scope at conclusion, or the core scope of an ordered add-on, is withdrawn without an equivalent replacement, the Customer may terminate the affected add-on or the contract as of the withdrawal; prepaid fees are refunded pro rata for the time thereafter. Features described as planned, in development, beta or preview may not be available at the time of the order; the Provider promises no date for them unless the individual contract names one. Early bookers receive the promotional offers and prices of the time of their order (clause 4.9).
3.4 Availability and maintenance. The Provider performs the services with professional care but does not guarantee uninterrupted availability. Agreed service levels follow from the individual contract. Planned maintenance takes place outside the Customer's usual business hours where reasonably possible; major planned downtime is announced in advance.
3.5 Cooperation. The Customer provides in good time the information, documents, access, approvals and decisions the Provider needs to perform the services, and cooperates within reason, in particular when the Provider needs information to answer a complaint, a report about the Customer's content, a request from an authority or a request from a person about their data. Delays due to missing cooperation extend the affected deadlines appropriately; extra effort may, after prior notice, be invoiced at the rates agreed in the individual contract or, failing that, at the Provider's current rates. The cooperation required to activate individual features is governed by Annex 1 clause 8.
4. Prices, invoicing and payment
4.1 Prices are in Swiss francs, plus VAT, unless stated otherwise. The prices stated in the individual contract govern; list prices are those stated on the pricing page at the time of the order.
4.2 The Provider invoices in advance. In the individual contract the Customer chooses between the following payment modalities; package and add-ons share the same period:
a) Monthly prepayment: the invoice is issued at the start of each one-month contract period for that month.
b) Annual prepayment: the invoice is issued at the start of the contract year for the whole contract year; the annual price equals ten monthly prices.
Payment is due within 30 days of the invoice date without deduction, unless the individual contract provides otherwise. Statements are provided electronically and delivered by email.
4.3 The chosen payment modality applies for the current contract period. A change takes effect at the end of the current period, on written notice at least 30 days before (clause 4.8).
4.4 The subscription and the obligation to pay start on the day the platform is provided; the setup fee and the first period are invoiced then, each further period at its start. If the platform cannot be provided because the Customer's cooperation under Annex 1 clause 8 is missing, the subscription and the first invoice start at the latest 30 days after the Provider has told the Customer in writing what is missing.
4.5 The individual contract states which fees apply and in what amount: (a) a one-time setup fee; (b) the recurring subscription fee for package and add-ons; (c) a transaction fee only where agreed (Annex 1 clause 7.4); (d) usage-based charges where a feature provides for them, for Ocio AI under Annex 1b clause B.2; (e) additional services ordered separately (Annex 1 clause 5.4).
5. Delay
5.1 Delivery and performance dates, in particular for setup, are indicative unless expressly agreed as binding in the individual contract.
5.2 If the Provider misses a binding date, the Customer sets it a reasonable grace period in writing. If the grace period expires without result, the Customer may withdraw from the affected service. Claims for damage caused by delay are governed by clause 7.
6. Warranty
6.1 Warranty and standard. The Provider warrants that the platform at provision materially conforms to the individual contract, to the service description in Annexes 1, 1a and 1b and to the description of the packages and features on the pricing page, each in the version in force at conclusion. Whether a defect exists is judged exclusively by this description. No properties and no suitability for a purpose beyond it are warranted.
6.2 Inspection and notice. The Customer inspects the service after provision and when features are activated, and reports defects without delay, at the latest within 30 days of becoming aware of them, in writing to [email protected] and in a reproducible manner (description of the error, steps to reproduce). For hidden defects the period begins on discovery. If no timely notice is given, the service is deemed approved with regard to the points concerned.
6.3 Remedy. For defects reported in time the Provider remedies the defect, at its choice, by correction, provision of a corrected version or a reasonable workaround. The remedy is carried out within a reasonable time; the Customer provides the necessary cooperation.
6.4 Secondary rights. If the remedy is not possible within a reasonable grace period set by the Customer in writing, or if the Provider refuses the remedy, the Customer may terminate the service affected by the defect or, if the defect makes the platform unusable for the Customer, terminate the contract with immediate effect; fees already prepaid are refunded pro rata for the service periods not performed. Further rights for defects, in particular a reduction beyond the affected service period and damages, exist only under clause 7.
6.5 Exclusions. The following in particular are not defects: (a) deviations resulting from configurations, content, data, integrations or IT settings made by the Customer or third parties; (b) disruptions caused by third-party services, components or networks outside the Provider's control, including payment service providers, AI service providers, email and domain providers; (c) features described as planned, in development, beta or preview; (d) interruptions within clause 3.4; (e) changes ordered by the Customer; (f) output of Ocio AI within Annex 1b clause B.4; (g) lack of suitability for a purpose beyond the service description.
7. Liability
7.1 The total liability of each party arising from or in connection with the contract, on whatever legal ground, is limited to the fees paid in the twelve months before the event giving rise to liability for the services concerned.
7.2 Liability for indirect and consequential damage, in particular lost profit, loss of data and business interruption, is excluded.
7.3 The limitations of this clause do not apply to damage caused by unlawful intent or gross negligence, to personal injury, to breaches of clause 9 and Annex 2, or where liability cannot be limited by law.
7.4 The Provider is not responsible for the Customer's offering (clause 3.7), for the conduct of the Customer's end customers or staff, or for services of third parties such as payment service providers, identity providers or domain registrars.
7.5 If a third party, such as an end customer, raises claims against the Provider because of the Customer's offering, content or breach of contract, the Customer indemnifies the Provider against these claims, including reasonable legal costs.
8. Intellectual property rights
8.1 Pre-existing rights. Intellectual property rights that existed before conclusion of the contract or arise outside its performance remain with the party entitled to them. The contract transfers no intellectual property rights unless this clause expressly provides otherwise.
8.2 Rights of the Provider. All rights in the platform – in particular in the source code, the software architecture, the database schema, design, layout and graphics, interfaces and widgets, the documentation, the Provider's trademarks, logos and domains and its methods, tools and know-how – belong exclusively to the Provider, also where the platform is integrated into the Customer's website. The Customer acquires no rights in them, in particular no claim to delivery of the source code.
8.3 Customer's right of use. For the term of the contract and against payment of the respective fees, the Provider grants the Customer a simple, non-exclusive, non-transferable and non-sublicensable right to access the platform over the internet using common browsers and the interfaces offered, and to use it for its own business purposes within the ordered package and add-ons. The right of use does not include in particular: (a) copying, modifying or decompiling the software; (b) permanent storage, resale, rental or passing on of access to third parties, except to the Customer's staff and end customers as the platform provides; (c) automated reading (scraping), mirroring of the website or circumvention of technical protection measures; (d) removal of copyright or trademark notices.
8.4 Customer content. Content, data and materials the Customer places or has placed on the platform in the course of use ("Customer Content"), including names, logos, texts and images, remain the property of the Customer or its licensors. The Customer grants the Provider the right to host, store, back up, reproduce, adapt, transmit and display the Customer Content within the application solely for the purpose of performing the contract, including as described in these GTC. This right ends with the deletion of the Customer Content, at the latest 90 days after the end of the contract (Annex 2 clause 8). The Customer confirms that it holds the rights to all Customer Content and that it does not infringe the rights of third parties.
8.5 Anonymised data. The Provider may use aggregated and fully anonymised data derived from the use of the platform to operate, improve and develop its products. No conclusions about the Customer or about persons are possible.
9. Confidentiality and data protection
9.1 Confidentiality. Each party treats information of the other party that is marked confidential or is evidently not public, including the content of the individual contract, as confidential, uses it only to perform the contract and does not disclose it to third parties. This obligation continues after the end of the contract; statutory disclosure duties remain reserved.
9.2 Roles. In processing personal data in connection with the contract, the parties comply with the applicable data protection law, in particular the Swiss Data Protection Act (FADP) and, where applicable, the GDPR. The Provider decides which personal data the platform collects for the Ocio account and how the platform is operated and secured; for that it is the controller, as described in the Ocio Privacy Policy. The Customer decides what it does with the personal data of its end customers, staff and other persons it receives through the platform (acceptance, contact, marketing, records, uploaded data); for that processing it is an independent controller, and the Provider is not responsible for it. Where the Provider processes personal data solely on the Customer's instructions, for example when entering customer lists at setup, sending messages in the Customer's name or operating its AI agent, it acts as processor under Annex 2 and never for its own purposes.
9.3 Customer's privacy notice. The Customer publishes its own privacy notice on its website and wherever it collects end-customer data. It names the Customer as controller, explains which data it collects, for what purposes and on what basis, how long it keeps it and what rights the persons concerned have, and tells end customers that their data is processed through the Ocio Platform of Apsara Software GmbH, with a reference to the Ocio Privacy Policy for the Provider's own processing. If the Customer uses Ocio AI, it says that an AI agent answers end customers and that the Customer can see those conversations. The Provider supplies a default template that describes the platform's data processing completely; the Customer completes it with its details, checks its suitability and keeps it current. The notice and the responsibility for it are the Customer's.
9.4 Shared data. The Provider shares a person's data with the Customer only once that person has joined the Customer on the platform by accepting its terms and privacy notice (clauses 3.8, 9.3). From then on the Customer receives what the person provided in their Ocio account, as far as provided: name, date of birth, gender, email address and phone number, together with the bookings, payments and attendance that concern the Customer. Data of persons who have not joined, such as visitors of the website, is not shared beyond what those persons send the Customer themselves.
10. Use of subcontractors
The Provider may use subcontractors to perform the services. It remains responsible to the Customer for their services as for its own. For personal data, Annex 2 clause 5 applies.
11. Term, measures and termination
11.1 Contracts for one-off services end on complete performance. The subscription runs for the chosen contract period (one month or one year, clause 4.2) and renews for the same period each time unless terminated by either party in writing with 30 days' notice to the end of the current period. Termination takes effect at the end of the paid period; periods already paid are not refunded.
11.2 Termination for good cause remains reserved, in particular if the other party materially breaches the contract and does not remedy the breach within 30 days despite a written warning, or becomes insolvent.
11.3 Measures. The Provider may remove or hide the Customer's content, restrict features, suspend the Customer's listings or its access if the Customer (a) seriously or repeatedly breaches these GTC or the law; (b) rejects end customers or treats them unequally in breach of the statutory prohibition of discrimination, or repeatedly rejects them arbitrarily; (c) puts people at risk with its offering or content; (d) does not pay fees that are due; or (e) this is necessary to protect the security of the platform or required by law.
11.4 The Provider acts proportionately and, where possible, informs the Customer in advance, gives reasons and gives it the opportunity to remedy the situation.
11.5 End of contract. At the end of the contract the Customer receives an export of its data in a common format, available for 60 days. The Provider takes the Customer's website offline or ends the integration into the Customer's website; the Customer keeps its domain. End customers keep their Ocio accounts; these GTC apply to them as provided in clause 1.3. Data the Provider must keep by law is kept as described in the Ocio Privacy Policy. Clauses 6.6, 7, 8, 9, 13 and Annex 2 survive termination.
12. Changes to these GTC
The Provider may change these GTC. Changes are notified to the Customer in writing or by email at least 60 days in advance, and where data protection law requires it. They apply to orders placed after the notification; for running subscriptions they take effect at the start of the next contract period after the notice period has expired. If a change is to the Customer's disadvantage and the Customer does not accept it, it may terminate the contract as of that date.
13. Final provisions
13.1 Form of amendments. Amendments and additions to the contract, including the waiver of this written-form requirement, must be made in writing. An email satisfies the written form provided it is sent by a person of the respective party authorized for this purpose and the amendment is expressly designated as an amendment of the contract in the message text or in an attached document. Oral side agreements are void. Changes to the subscription under clause 4.8 made through the platform or by email, and orders, approvals or consents on operational matters, do not count as amendments of the contract.
13.2 Contact persons. For the Provider: Apsara Software GmbH, [email protected]. For the Customer: the responsible person named in the individual contract. Notices are given in writing; an email to these addresses suffices. The parties inform each other by email without delay of changes to these details.
13.3 Transfer. Neither party may transfer the contract without the other's written consent, except that the Provider may transfer it, after notifying the Customer, to a company that takes over the Ocio Platform.
13.4 Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes closest to its economic purpose.
13.5 The contract is governed by Swiss law, excluding the conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
13.6 The exclusive place of jurisdiction is Zürich.
13.7 These GTC exist in German and English; if the versions differ, the English version prevails.
The Ocio Platform is a browser-based application with which the Customer manages and markets its offering online. The Customer can in particular record, publish and manage courses, workshops, events, private lessons, rooms, sports facilities and comparable resources, have them booked and paid for by its end customers, keep attendance, customer data, memberships and subscriptions, send confirmations and reminders, and retrieve reports on bookings, utilization and revenue.
2. Customer's website
2.1 The Provider creates, hosts and maintains a pre-designed, configurable website in the Customer's branding (white label). The Customer manages the content, such as offers, schedules, prices, teachers and policies, through the administration tools; hosting, security and updates are run by the Provider.
2.2 The website runs on a subdomain of the Provider, whose name must be available and aligned with the Customer's brand (a misleading or infringing name may be refused), or on the Customer's own domain, which the Customer buys, owns and renews. The Customer authorizes the Provider to manage it as needed and sets the DNS records it specifies (clause 8). If the domain expires or its settings are changed without the Provider, the website may become unreachable; the Provider is not responsible for that.
2.3 By separate agreement in the individual contract, the Provider can also integrate Ocio into a website the Customer runs itself. That website and the responsibility for it (hosting, content, security, availability, legal notices) remain with the Customer; the Provider supplies only the means of integration (APIs, widgets, Ocio pages), which the Customer integrates as agreed and keeps up to date when asked. The Customer's privacy and cookie notices must state that Ocio is integrated.
3. Packages
The Provider offers three packages: Standard, Growth and
Annex 1a – Feature catalogue
To the contract for the Ocio Platform
This annex designates the owed features and their requirements. The procedure, the cooperation duties and the allocation of responsibility follow from Annex 1 and the GTC. In case of conflict, this annex prevails over Annex 1.
1. Overview
No.
Module
Included in subscription
Available from
A
Platform core functions
included in all packages
provision
B
Payment processing
included in all packages
provision
C
Website and own domain
included in all packages; integration into own website by agreement
provision
Annex 1b – Ocio AI
B.1 Scope
The add-on comprises:
a) Website agent. Answers questions of end customers and prospects from the Customer's offers, prices and terms, guides them to the booking and, where the Customer allows it, completes registrations and changes for them.
b) AI tools for staff. Carry out administrative work on instruction in natural language: registrations, rebookings, enquiries, information from the Customer's data.
c) AI connectors. The Customer operates Ocio from AI chat applications such as ChatGPT, Claude or Gemini via the Provider's programming interface, with the permissions of its administrator account.
d) Agent in messaging channels (WhatsApp, email, Telegram), as each becomes available and is announced on the pricing page.
e) Cost control. The Customer decides which groups may use the AI (customers, staff, anonymous visitors), sets a monthly budget at which the AI pauses, and chooses between less and more capable models.
B.2 Tokens and costs
AI providers charge for processing in tokens.
Website agent, staff tools, messaging agents: The Provider buys the tokens and charges the Customer for usage at the rates stated in the individual contract or, failing that, on the pricing page at the time of the order. These rates include the Provider's margin and may change under GTC clause 4.9. No usage is included in the add-on price.
Annex 2 – Data processing agreement
1. Subject
This annex is the data processing agreement required by Art. 9 FADP and, where the GDPR applies to the Customer, by Art. 28(3) GDPR. It covers the personal data the Provider processes solely on the Customer's instructions (GTC clause 9.2): entering or importing customer, member and staff lists at setup; sending messages in the Customer's name; corrections, imports, exports and deletions requested by the Customer through support; and the operation of its AI agent on its data. The persons concerned are end customers, members, staff and anyone whose data the Customer adds; the data are names and contact details, booking, attendance, membership and payment records (no card numbers), messages, notes and whatever else the Customer adds, with health data or other sensitive data only where a service is designed for it and the Customer may process it. This annex applies for as long as the contract runs, and clauses 3 and 8 until performed. Where it differs from the rest of these GTC, it prevails for the processing it covers.
2. Instructions
The Customer's instructions are the individual contract, these GTC and what it asks the Provider through the platform or in writing, email included. The Provider processes only as instructed and never for its own purposes; if it considers an instruction unlawful, it says so and may hold it until clarified. The Customer is responsible for the lawfulness of its instructions and of the data it supplies.
3. Confidentiality
Only persons who need the data to perform the contract have access to it; they are bound to confidentiality and trained in handling personal data, also after the end of the contract.
4. Data security
The Provider applies the measures described in the Ocio Privacy Policy, appropriate to the risk: encrypted transmission, hashed passwords, separation of each Customer's data, role-based permissions, regular backups, logging of administrator actions and security updates. It may change them without reducing the level of protection.
3.6 Details and access. The Customer's details about its organization, its offering and, where used, its payment and insurance-billing data are true and complete. The Customer keeps them current and reports material changes, such as of legal form, ownership, responsible person or address, and insolvency, without delay. The Customer decides who acts for it on the platform and with which permissions. It is responsible for the actions of these persons and for misuse of its information by persons to whom it has granted access. It removes access as soon as a person no longer acts for it, ensures that its staff keep their access secure and comply with these GTC, and reports suspected misuse of an account or a security incident immediately.
3.7 Customer's offering. Prices, availability, cancellation, participation and booking conditions are set by the Customer in its own responsibility and at its own discretion. The Provider checks these neither for appropriateness nor for legal admissibility and has no influence on pricing. The Customer describes its products and services accurately and completely, including price, time, place, requirements and scope, keeps the details current and delivers the booked service as described. It alone is responsible for its offering: description, price, availability, quality, safety and legality, performance, the conduct and qualifications of the persons performing it, the safety of its premises and everything these GTC assign to the organization.
3.8 Terms toward end customers. The Customer sets fair and clear rules for its end customers on cancellation, refunds, no-shows and participation, publishes them as its terms (the Provider supplies a template; the Customer checks its suitability) and honours them. It configures the platform's mechanisms, such as cancellation deadlines and refund rules, to match; where they differ, the published rules apply and the Customer corrects the configuration. Where its terms or the law entitle an end customer to a refund, the Customer refunds in money (Annex 1 clause 7.5); the platform keeps no balances for end customers.
3.9 End customers and disputes. The Customer decides whom it accepts as an end customer, but observes the statutory prohibition of discrimination. Disputes with end customers and staff are resolved by the Customer with the means of the platform; where that fails it may ask the Provider for a solution, and otherwise it settles the dispute directly without the Provider becoming a party.
3.10 Laws and permitted use. The Customer complies with the laws that apply to it, including consumer, tax, accounting, data protection and, where relevant, child protection law, and issues the receipts and invoices its end customers are entitled to. It uses the platform only for its organization's lawful purposes within the individual contract, circumvents neither the platform's technical limits nor its security measures nor the limits of its package, and does not sell, sublicense or pass it on to other organizations.
3.11 Information outside the platform. Where the Customer asks end customers for proof of eligibility for a group price or for other information outside the platform, it collects it directly as controller; its privacy notice (clause 9.3) covers this, and it collects only what it needs.
4.6 If the Customer does not pay despite a reminder and a reasonable grace period, the Provider may suspend its services until the open invoices are settled. Default interest at the statutory rate and reasonable reminder costs remain reserved.
4.7 Capacity. The package covers the number of group sessions per week stated in Annex 1 clause 3, measured as the average over a calendar month. If the Customer exceeds it in two consecutive months, the Provider notifies the Customer, and the Customer moves to the smallest package that fits from the start of its next period (clause 4.8); if it does not, the Provider may invoice that package from that period. The Provider does not move the Customer to a smaller package except at the Customer's request.
4.8 Changes to the subscription. A move to a larger package or the addition of an add-on, additional rooms or teachers takes effect immediately; the price difference for the rest of the period is invoiced pro rata and the new price applies from the next period. A move to a smaller package, the termination of an add-on, a reduction in the number of rooms or teachers and a change of payment modality take effect at the end of the current period, on written notice at least 30 days before; amounts paid are not refunded. Add-ons are billed with the package and renew with it.
4.9 Promotions and price changes. Promotional offers and discounts apply only as provided in the individual contract, only for the duration stated there and only to periods actually paid; if the subscription ends earlier, the discount ends with it, without repayment. Once a paid period ends, prices for the following periods may change: the Provider notifies a change at least 60 days before it takes effect; it applies from the start of the next period, never retroactively and never within a paid period. If the Customer does not accept the change, it may terminate the contract as of that date.
6.6 Limitation. Claims for defects lapse 12 months after notice of the defect concerned, as far as legally permissible.
8.6 Feedback. The Provider may exploit suggestions for improvement, bug reports and other feedback from the Customer without payment and without restriction; the Customer's rights in them are deemed settled.
8.7 Third-party components. The platform may contain third-party components, including open-source software. Their licence terms prevail over this clause where they are mandatory. The Provider points the Customer to such terms on request.
8.8 Reference customer. The Provider may name the Customer as a reference customer, and use its logo for that purpose, only with the Customer's consent, which may be withdrawn at any time.
8.9 Termination. On termination of the contract the right of use under clause 8.3 ends, regardless of the state of payment. Clauses 8.1, 8.2, 8.5, 8.6 and 8.9 survive termination.
9.5 Obligations of the Customer. The Customer uses this data, and any data it adds itself, only for its organization's lawful purposes as explained in its privacy notice: the administration of its relationship with the person, namely registrations, bookings, attendance, payments, receipts and the messages these require. The individual obligations and the rules on marketing consent are set out in Annex 1 clause 9.
9.6 Leaving. If a person leaves the Customer or withdraws consent, the Customer stops the corresponding use, and the platform ends the Customer's access to the person's account data except for the records the Customer must keep by law.
9.7 Cooperation. The parties help each other answer requests from persons about their data and inform each other without delay about security incidents affecting the other's data. Both maintain appropriate technical and organizational measures, as described in the Ocio Privacy Policy and in Annex 2.
9.8 Processing on behalf of the Customer. Processing on the Customer's instructions is governed by the data processing agreement in Annex 2.
Version 3.1 of 31 October 2026
Pro
. All three contain the same core features under clauses 1 and 2.1–2.2, including payment processing under clause 7, as described on the pricing page at the time of the order. They differ in two points:
Package
Group sessions per week
Support
Standard
25
by email
Growth
50
prioritized
Pro
100
prioritized, with a personal contact
A group session is every course lesson, workshop session or event the Customer runs; a course with two lessons a week counts as two group sessions. Private lessons are not counted; they are booked through the add-on in clause 5.2(d). The number of teachers and locations is not limited. A package's services are a bundle: no price reduction is granted for services not used, and no service can be removed from a package. Core features added later are included at no extra cost unless offered as an add-on. For more than 100 group sessions per week the parties agree an enterprise package individually. The capacity rule in GTC clause 4.7 applies.
4. Setup
After conclusion the Provider sets up the platform against the setup fee: the website in the Customer's branding (clause 2.1); a transfer of the details of the Customer's offering from its existing website with reasonable efforts, such as descriptions, schedules, prices, teachers, images and policies, which the Customer checks and corrects; accounts for owners and administrators (GTC clause 1.5); and the instructions for the IT configuration the Customer applies (clause 8). Not included is the transfer of customer data, such as customer or member lists, accounts, booking records, payment histories or balances, from another provider; it can be agreed separately (GTC clause 4.5(e)).
5. Add-ons and additional services
5.1 An add-on is a subscription for additional features that go beyond the core features of the package, which the Customer orders in the individual contract at the price stated there; the price is the same in every package unless stated otherwise. No fee arises without an order.
5.2 The Provider offers the following add-ons:
a) Ocio AI under Annex 1b.
b) Tariff 595 reimbursement receipts under clause 10 and Annex 1a module E.
c) Room booking. End customers book and pay for the Customer's rooms through its website. The fee is charged per bookable room per month.
d) Private lesson booking. End customers book and pay for private lessons directly with the Customer's teachers through its website. The fee is charged per bookable teacher per month.
5.3 For (c) and (d) the number is stated in the individual contract; the Customer may raise it at any time and lower it at the end of a period (GTC clause 4.8). The Customer sets availability, prices and rules; clause 7 applies to payments.
5.4 Additional services. Orderable separately and priced in the individual contract or in a separate agreement are in particular: additional setup work, data entry and data migration, IT work on the Customer's behalf (clause 8.6) and custom development.
6. Customer's prices and terms
Prices, availability, cancellation conditions and participation conditions are set by the Customer in its own responsibility (GTC clauses 3.7 and 3.8). The Provider checks these neither for appropriateness nor for legal admissibility and has no influence on pricing.
7. Payment processing
7.1 Payment types. Payments through the platform are processed through the payment service provider, online through the Customer's website (currently card, TWINT) or in person with a terminal connected to the platform. Payments outside the platform are made directly to the Customer, for example through its own payment accounts or terminals, in cash or by invoice, and do not pass through the Provider; the Customer can record them on the platform.
7.2 Customer's payment account. Payments through the platform are processed through a payment account that the Customer maintains in its own name with the payment service provider. The Provider neither collects nor pays out any funds; collection, payout and refunds are made by the payment service provider under its terms. The platform transmits the payment and refund orders and the information the payment service provider requires to it. The Customer opens and maintains this account at its own cost and risk, accepts the terms of the payment service provider including its identity and business checks, and grants the approvals needed for the connection. Without an active, connected payment account, payments through the platform are not available; the agreed fees remain due.
7.3 Flow of funds. When and in what amount payments through the platform are credited to the Customer's payment account and paid out from there to its bank account is governed solely by the payment service provider's terms and deadlines; the Provider has no influence on this and gives no assurance in this respect. Payments outside the platform go directly to the Customer. The Provider holds no customer funds, keeps no balances for end customers and has no trust, collection or intermediary function.
7.4 Fees. The payment service provider's fees on payments through the platform are borne by the Customer under its agreement with the payment service provider; they are deducted from the payment and shown on the monthly activity statement. By default the Provider charges no fee per transaction. A transaction fee on payments through the platform may be agreed case by case; where it applies it is stated in the individual contract and deducted from each payment. None is charged on payments outside the platform.
7.5 Refunds and chargebacks. Refunds of payments through the platform are made through the platform on the Customer's instruction or where the law requires; they need a sufficient balance in the Customer's payment account, as the Provider does not advance refunds, and an applicable transaction fee is not returned. Payments outside the platform are refunded only by the Customer, outside the platform, who records the refund. Chargebacks, disputes raised by card issuers or banks, and payment defaults are a matter for the Customer.
7.6 Recording external payments. For payments outside the platform the platform records only what the Customer enters; the Provider does not know whether, when, how or in what amount a payment was made and does not verify it. By recording a payment or refund the Customer confirms that it took place; the correctness of these records is its responsibility.
8. Customer's cooperation and activation of features
8.1 The Customer supplies the Provider with the data, access and approvals required for the desired features completely, correctly and in good time. Depending on the feature, the following are required in particular:
Own domain: DNS records (CNAME/A record) as instructed, proof of control of the domain, approval of certificate issuance.
Sending from own sender address: SPF, DKIM and DMARC records or the access data of an email account on the Customer's domain; failing that, email is sent from a Provider address.
Payment features: the payment account under clause 7.2.
Brand and appearance: logo, image and brand material, company and tax details.
8.2 The Customer passes access data only through the secure channel indicated by the Provider, keeps it valid and reports at once if it changes or may be compromised; the Provider stores it securely and uses it only to perform the services.
8.3 The Customer agrees changes to these settings with the Provider in advance. Records removed or changed without the Provider can make the website unreachable or cause emails to be rejected; the Provider is not responsible for that.
8.4 If required data is not supplied, or not in usable form, the affected features are not activated; until then the website remains reachable at the standard address and email is sent from the standard address. The agreed fees remain due during that time (GTC clause 4.4). Delays for this reason are not the Provider's responsibility.
8.5 The Customer ensures that the data and access it supplies remain current and that it is entitled to pass them on. The Customer bears the costs of its domain, email and IT providers.
8.6 On request the Provider does this IT work against the fee agreed in the individual contract or separately; domain, accounts and the responsibility for them remain with the Customer.
9. End-customer data and data protection
9.1 The Customer is the independent controller of its end customers' data within the meaning of the Data Protection Act (GTC clause 9.2) and is in particular obliged to:
collect the data lawfully and inform the persons concerned; it adds or invites only persons whose data it may use for this purpose and never creates accounts without their knowledge;
process the data only for the stated purposes; it does not sell the data, passes it on only as the law allows and does not combine it with other sources without a lawful basis;
handle requests for access, rectification and deletion;
comply with retention and deletion periods; it keeps the records required by law and deletes the rest when the relationship ends;
manage its own access and user permissions securely; staff receive access only as their role requires;
obtain a parent's or guardian's consent for minors where the law requires it, and refrain from marketing to children;
record health-related data only with a legal basis and with limited access;
comply with the rules for marketing and advertising under clause 9.2.
9.2 Marketing consent. Before sending marketing by email, SMS or messaging, the Customer needs the prior consent of the persons concerned (in Switzerland Art. 3 para. 1 lit. o of the Unfair Competition Act): a consent that is separate from its terms and from any other agreement, given knowingly for marketing, and withdrawable at any time. The platform collects this consent for the Customer: when a person joins, it asks, in the Customer's name and with a box that is not pre-ticked, whether the person wants to receive the Customer's marketing; it records the answer with its date, shows the Customer for each person whether consent was given, lets the person withdraw it at any time, and adds an unsubscribe link to every marketing message sent through the platform. The Customer sends marketing, newsletters or any other communication the relationship does not require only to persons whose consent is recorded on the platform, and honours a withdrawal at once. Where the law allows advertising its own similar offers to existing customers without consent, the Customer may do so only with an opt-out in every message and under its own responsibility. Consent obtained outside the platform is recorded by the Customer itself and may be relied on only if it meets the same standard.
9.3 The Provider processes end-customer data on the Customer's instructions only within the framework of GTC clause 9.2 and Annex 2 and applies the technical and organizational measures agreed there.
9.4 The Customer is responsible for the accuracy and lawfulness of the content it places and for the admissibility of the processing of end-customer data. It indemnifies the Provider against third-party claims arising from a breach of these obligations.
10. Form and receipt services
10.1 Subject. The platform can generate forms, receipts and certificates from the Customer's booking, participant and billing data, fill them with the recorded data and make them available to the Customer electronically (for example as a PDF and/or data record) for download or dispatch. Which form services are offered follows from Annex 1a in the version in force at the time of the order.
10.2 Requirements per service. Each form service requires the details, authorizations and assignments stated in Annex 1a, in particular: (a) the Customer's master data and identification numbers; (b) evidence, certifications or permits, where issuing a receipt requires an entitlement; (c) the assignment of bookings, courses and subscriptions to the relevant items; (d) complete recording of the details required for each transaction; (e) compliance with the format and standard designated in Annex 1a.
10.3 Cooperation and currency. The Customer supplies the required details completely, correctly and in good time and keeps them current. Changes to or the loss of an entitlement, permit or identification number must be reported to the Provider without delay.
10.4 Activation and issuance. Form services are activated only after the requirements under Annex 1a are fully met. Receipts are generated exclusively from recorded, complete and – where Annex 1a so provides – paid transactions. The Provider does not check the substantive accuracy of the details recorded by the Customer or their legal admissibility.
10.5 Customer's responsibility. The Customer is responsible for being entitled to issue the receipts, for the details used being correct and complete, and for informing the persons concerned about receipt, content and purpose of the receipts and about the processing of their data. It indemnifies the Provider against third-party claims arising from a breach of these obligations.
10.6 No assurance of third-party services. The Provider does not assess whether an insurer, an authority or another third party recognizes or reimburses a receipt, and assumes no responsibility for that. If a third party rejects a receipt, the Provider is not liable insofar as the rejection is based on details, assignments, entitlements or the Customer's organization.
10.7 Development and new form services. The Provider is entitled to add form services of the Ocio Platform and to adapt existing entries, in particular to implement changed legal, tariff or technical requirements (for example new format versions of a standard). New form services subject to an additional charge are activated only on the Customer's order. Otherwise GTC clause 3.3 applies.
10.8 Availability. A form service is available from the date stated in the individual contract or, failing that, from the date announced on the pricing page at the time of the order. Until then there is no entitlement to activation, and no fee is invoiced for it.
11. Not included in the scope of services
Not owed are in particular: (a) specific booking numbers, revenue, visitor numbers, visibility or rankings in search engines; (b) review, advice or legal assessment of the Customer's offers, prices, terms or content; (c) drafting the Customer's terms, participation conditions or privacy notice beyond the templates under GTC clauses 3.8 and 9.3; (d) collection, dunning and reversal toward end customers; (e) individual adaptations outside the standard features; (f) registration or administration of the Customer's domains, mailboxes or payment accounts; (g) migration of customer data from another system (clause 4).
D
Email sending
included in all packages
provision
E
Form services (E-1: Tariff 595)
add-on, price per package
per individual contract or pricing page
F
Ocio AI
add-on
per individual contract or pricing page
G
Room booking
add-on, per room and month
provision
H
Private lesson booking
add-on, per teacher and month
provision
Modules not listed in this overview are not owed (Annex 1 clause 11).
2. Common requirements
For all modules: an active contract, no open invoices, complete master data of the Customer, valid access. The Customer protects its end customers' data as provided in Annex 1 clause 9 and Annex 2 and informs its customers in its own privacy notice (GTC clause 9.3).
3. Module A – Platform core functions
Purpose: The Customer manages and markets its offering through the browser-based Ocio Platform.
Scope of functions:
recording, publishing, changing and deleting courses, workshops, events, rooms, sports facilities and comparable resources
managing dates, availability, participants, bookings and attendance
managing customer data, memberships and subscriptions
setting prices, cancellation, participation and booking conditions by the Customer in its own responsibility
booking and payment by end customers through the Customer's website
sending confirmations and reminders
reports on bookings, utilization and revenue; export of booking and participant data
Requirements: complete recording of the offers; assignment of the resources; entry of the prices and conditions.
Delimitation: No assurance of specific booking numbers, revenue, visibility or rankings. No review or legal assessment of the Customer's offers, prices and conditions. No drafting of terms or participation conditions for the Customer beyond the templates.
4. Module B – Payment processing
Purpose: Processing of end customers' payments to the Customer through the supported payment service provider (currently Stripe) and recording of payments outside the platform.
Scope of functions: payments through the platform online by card, TWINT, Apple Pay and Google Pay and in person with a connected terminal; recording of payments outside the platform (cash, by invoice, through the Customer's own accounts or terminals); refunds; monthly activity statement (Annex 1 clause 7).
Requirements:
The Customer opens and maintains a payment account in its own name with the payment service provider at its own cost and accepts its terms.
It grants the approvals and verifications required for the connection and keeps them current.
The Customer bears the payment service provider's fees; a transaction fee of the Provider applies only insofar as agreed in the individual contract.
Activation: Payments through the platform are not available without an active, connected payment account. The fees remain due during that time.
Delimitation: The Provider holds no customer funds, keeps no balances for end customers, has no trust, collection or intermediary function, does not advance refunds and is not liable for payment defaults, chargebacks, blocks or outages of the payment service provider. The Customer alone is responsible for the performance, cancellation and reversal of the booking contracts.
5. Module C – Website and own domain
Purpose: Visibility of the offering on a website in the Customer's branding, optionally on the Customer's own domain.
Scope of functions: provision, hosting and maintenance of the website under a subdomain of the Provider or the Customer's own domain; integration of the Customer's logo, images and brand material; TLS encryption. By separate agreement: integration of Ocio into a website operated by the Customer itself (Annex 1 clause 2.3).
Requirements: proof of control of the domain; setting the required DNS records (CNAME/A record) as instructed; approval of certificate issuance; delivery of logo, image and brand material and of the company and tax details.
Activation: Visibility on the Customer's own domain is activated only after complete and correct delivery of the data. Until then the website remains reachable at the standard address.
Delimitation: No domain registration by the Provider, no assumption of domain administration beyond Annex 1 clause 2.2, no review of third-party trademark rights; no responsibility if the domain expires or is changed without authorization.
6. Module D – Email sending
Purpose: Sending system and transactional messages in the Customer's name and under its sender address.
Scope of functions: 2 sender addresses; sending of booking confirmations, reminders and receipts as well as marketing and information to persons with recorded consent (Annex 1 clause 9.2).
Requirements: SPF, DKIM and DMARC records or the access data of an email account on the Customer's domain; confirmation of the sending entitlement.
Activation: Sending under the Customer's own sender address is activated only after complete delivery and technical verification. Until then sending takes place under the Provider's standard address.
Delimitation: No guarantee of deliverability to individual recipients or providers; no administration of mailboxes unless expressly agreed.
7. Module E – Form services
Purpose: Generation of forms, receipts and certificates from the Customer's booking, participant and billing data; provision as PDF and/or data record.
The procedure under Annex 1 clause 10 applies. The individual services are listed below.
E-1 / F-595 – Tariff 595 reimbursement receipts
Purpose: Reimbursement receipts for Swiss health insurers from the booking data, one per participant.
Output: Forum Datenaustausch standard, currently XML 5.0, with a printable PDF receipt; from 1 January 2027 in the format then prescribed.
Requirements: ZSR number and GLN known and current; certification or entitlement to issue such receipts, including immediate notice of any change or lapse; assignment of each course and each subscription to the correct tariff item; complete recording of the purchase information (name, address and date of birth of the participant, course or subscription, dates attended, amount paid).
Issuance: Only for recorded and paid bookings.
End-customer information: The Customer informs its customers in its privacy notice and at the point of sale how they obtain a receipt, what it contains and that it is intended for submission to their insurer.
Delimitation: No assessment whether an insurer reimburses a receipt; no liability for a rejection based on the Customer's data, assignments or certification.
Cost: Add-on, price per package under the individual contract; no fee for periods before availability.
Availability: from the date stated in the individual contract or, failing that, from the date announced on the pricing page at the time of the order.
Consequence if the requirements lapse: If a required entitlement or identification number is missing, the service is deactivated until it is restored; the agreed fee remains due.
Further services: are added by supplementing this annex under Annex 1 clause 10.7.
8. Module F – Ocio AI (add-on under Annex 1 clause 5.2(a))
Purpose: AI-supported assistance for end customers, staff and administration based on the Customer's data.
Components: (a) website agent; (b) AI tools for staff; (c) AI connectors; (d) agent in messaging channels, once available; (e) cost control (Annex 1b clause B.1).
Requirements: order of the add-on; the Customer's administrator rights; approval of roles and budgets; for connectors: the Customer's own account with the chat application.
Cost: add-on price under the individual contract; tokens by usage (Annex 1b clause B.2).
Availability: per the individual contract or the pricing page; messaging channels as announced on the pricing page.
Delimitation: No assurance of the substantive accuracy, completeness or currency of AI output (Annex 1b clause B.4).
9. Module G – Room booking
Purpose: End customers book and pay for the Customer's rooms through its website.
Requirements: recording of the rooms, availability, prices and rules by the Customer; for payments through the platform, module B.
Cost: per bookable room and month under the individual contract; adjustment of the number under Annex 1 clause 5.3.
10. Module H – Private lesson booking
Purpose: End customers book and pay for private lessons directly with the Customer's teachers through its website.
Requirements: recording of the teachers, availability, prices and rules by the Customer; for payments through the platform, module B.
Cost: per bookable teacher and month under the individual contract; adjustment of the number under Annex 1 clause 5.3. Private lessons do not count toward the package capacity.
11. Costs
Where a separate fee applies to a module, it is governed by the individual contract or the prices stated on the pricing page at the time of the order. Without an order and activation, no fees arise for add-ons.
12. Change history
Version
Date
Change
In force from
3.1
31 October 2026
Alignment with the German version 3.1: packages, add-ons, payment processing, data protection, processing on behalf
31 October 2026
Budget:
Usage never exceeds the monthly budget set by the Customer. When it is reached the AI pauses until the next month or until the budget is raised. The monthly statement shows the usage.
AI connectors: The Customer uses its own account with the chat application, whose provider charges it directly for tokens. The Provider charges nothing for them beyond the add-on price.
Messaging channels: Per-message charges of a channel (for example WhatsApp) are passed on like tokens.
The add-on price may change when capabilities are added (GTC clause 4.9).
B.3 How it works and data
AI output is generated automatically by AI service providers acting as the Provider's subcontractors (Annex 2 clause 5); the Ocio Privacy Policy names them. Only what the request needs is transmitted: for the agent, the question and the parts of the offers, prices and terms needed to answer it; for the staff tools, the records the instruction concerns. The AI service providers are bound by contract to use this data only to provide the service and not to train their models. The Provider may change models and service providers.
For the connectors, what the Customer exchanges with the chat application is processed by its provider under the Customer's own agreement with it; the Provider executes the instructions received as it would any instruction from the Customer's administrator account.
B.4 Accuracy and responsibility
AI output can be wrong, incomplete or out of date; the agent's accuracy depends on the Customer's details (GTC clause 3.7). Nothing the agent says changes prices, terms or bookings: a booking or change exists only once recorded on the platform, where the Customer sees and can correct it, and an end customer's booking only once the end customer has confirmed it. The Customer reviews AI output before relying on it for financial, legal or health-related decisions.
Where the agent acts for the Customer, the Customer remains responsible toward its end customers as for its own actions; for errors of the platform the Provider is liable under GTC clause 7. Content created with AI tools and published is Customer Content (GTC clause 8.4), which the Customer checks before publication. The agent identifies itself as AI; the Customer does not present it as a natural person.
The Customer does not enter health data or other particularly sensitive personal data into AI features unless the feature is designed for it and the Customer may process that data; with the cost controls it keeps the AI away from groups it should not serve. The Customer indemnifies the Provider against claims arising from decisions based on AI output and from output based on inaccurate or incomplete information from the Customer, subject to the Provider's liability for platform errors for which it is responsible and subject to mandatory law.
The Customer authorizes the Provider to use the subcontractors it relies on to operate the platform; they are named with purpose and location in the Ocio Privacy Policy and bound by obligations no weaker than this annex. The Provider gives the Customer at least 30 days' notice before a new or replacement subcontractor processes the Customer's data; the Customer may object within that period on reasonable data protection grounds and, if the objection cannot be resolved, terminate the affected service as of the change without cost. The Provider remains responsible for its subcontractors.
6. Location of processing
The platform's database, backend, storage and backups are operated on servers in the EU and Switzerland; Switzerland and the EU/EEA recognise each other's data protection as adequate. Some subcontractors process data elsewhere, under the safeguards named in the Ocio Privacy Policy. The Provider does not move the hosting outside Switzerland or the EU/EEA without updating the Privacy Policy and putting safeguards in place.
7. Requests, authorities, security breaches
The platform lets the Customer view, correct, export and delete a person's data itself; where that is not enough, the Provider helps. A request about the Customer's processing that reaches the Provider is forwarded to the Customer without answering on its behalf. If an authority or court demands data the Provider processes for the Customer, it informs the Customer before any disclosure unless the law forbids it. The Provider informs the Customer without undue delay, and at the latest within 48 hours of becoming aware, of any breach of security affecting such personal data, stating what happened, the categories and approximate number of persons affected, the likely consequences and the measures taken or proposed; the notifications the law requires of the Customer as controller are made by the Customer with the information received.
8. Records, audit, deletion
The Provider keeps a record of the categories of processing it carries out for the Customer and, on reasonable request once a year and after a breach affecting the Customer's data, gives it the information needed to demonstrate compliance: a description of its measures and any audit reports or certifications. Where the law requires more, the Customer may inspect, itself or through a confidentiality-bound auditor who is not a competitor of the Provider, with 30 days' written notice during business hours and without disrupting operations or other Customers' data. The costs are borne by the Customer unless a material breach is found. At the end of the contract the Customer receives an export of its data, available for 60 days (GTC clause 11.5); the Provider deletes the personal data it processes for the Customer within 90 days after that, except what it must keep by law, kept only for that purpose and as described in the Privacy Policy; backups are deleted within 35 days; on request it confirms the deletion in writing.
