Preamble These Terms of Use govern the use of the Quitty app and associated website, provided by Quitty AG, c/o Treforma AG, Grabenstrasse 25, 6340 Baar, Switzerland. By using our services, you agree to these terms. These Terms of Use are subject to the provisions of the General Data Protection Regulation (GDPR), the Swiss Data Protection Act (DSG), and the guidelines of the Apple App Store and Google Play Store. They apply to all digital services, including the mobile app and associated platforms offered by Quitty. 1. Definitions Service: The features and services offered by Quitty. User: Any individual or legal entity using Quitty's services. Content: All data, texts, files, and information uploaded or generated by users. Data: All information collected, processed, and stored during the use of Quitty, including personal data, transaction data, and metadata. Agreement: The agreement between the user and Quitty regarding the use of the services. Subscription: The paid or free usage model for Quitty's services, including monthly or annual billing periods. Paid Services: All services for which a fee is charged. Contract Partner: Individuals or legal entities who have entered into an agreement with Quitty. Third-Party Providers: External service providers whose software or services are integrated into Quitty's features, such as Google, Apple, Microsoft, or Stripe. 2. Responsible Party Quitty AG Management: Leutrim Sahitaj, c/o Treforma AG, Grabenstrasse 25, 6340 Baar, Switzerland Email: datenschutz@quitty.ch Phone: +41 XX XXX XX XX Commercial Register Number: CH-170.3.050.306-7 VAT Number: CHE-308.785.748 For data protection inquiries and the exercise of your rights as a data subject, please contact our Data Protection Officer at datenschutz@quitty.ch. 3. Scope of Services and Subject of the Agreement The Quitty app offers the following main features: Digital Receipt Management: Storing and managing digital receipts and invoices that users can upload or scan via the app. Warranty Storage: Secure storage and management of warranty data and reminders for warranty expirations. Expense Analysis: Visualization of expenses, automatic categorization, and creation of budget recommendations based on user behavior. Points Collection: A rewards system for scanning receipts and participating in special offers. Categorization: Creating categories for receipts and quick search functionality. Notification System: Reminders for warranty expirations, payment due dates, and important appointments. Data Export: The ability to export stored data in a machine-readable format. Changes and Expansions: Quitty reserves the right to change or update the scope of services at any time. Users will be informed of significant changes. Accessibility and User-Friendliness: Quitty aims for accessible use of the app and is continuously working to make the app as user-friendly as possible, ensuring easy access for users with special needs. 4. Registration and Account Registration: Users must register to use Quitty's services. Registration requires providing personal data such as name, email address, and password. The use of two-factor authentication (2FA) is strongly recommended. Account Management: Users can manage their personal data in their account and modify settings for notifications language, and security options. Account Deletion: Users can delete their account at any time, with all stored data being irreversibly removed after a short period, unless there are statutory retention obligations. Obligation to Provide Accurate Information: Users are required to provide accurate information when registering and updating their account. Account Suspension: Quitty reserves the right to temporarily or permanently suspend a user's account for violations of the terms of use. Account Recovery: Suspended accounts may be restored under certain conditions upon request. Automatic Account Closure due to Inactivity: Accounts that remain inactive for 24 months may be automatically closed, and their data deleted, unless there are statutory retention obligations. Users will be informed in advance and given the option to reactivate their accounts. Protection of Minors: If minor users use the app, their legal representatives must consent to the use. Quitty reserves the right to ask for consent at any time.
5. Data Protection and Data Processing Protecting your personal data is important to us. Please read our privacy policy for detailed information on how we process and protect your data. This includes: Processing of Personal Data: Information on the types of data collected (e.g., contact details, transaction data), purpose (e.g., service provision, analysis), and legal bases (e.g., consent, legitimate interest). Data Sharing with Third Parties: Data may be shared with third-party providers (Google Drive, calendar integration, Stripe for payment processing), in compliance with the respective providers' privacy policies. Data Transfer to Third Countries: If personal data is transferred outside the EU or Switzerland, we ensure appropriate protective measures according to the GDPR (e.g., EU standard contractual clauses). Opt-out and Consent Rights: Users can deactivate tracking and analysis via cookie banners or app settings and withdraw their consent at any time. Data Storage and Security: User data is stored within Switzerland and the EU and is protected according to the highest security standards. Data that must be retained after an account is deleted for legal reasons will be blocked and fully removed after the retention period expires. Data Security Measures: We use advanced encryption technologies for both data transmission and storage. Additionally, servers are secured with measures against unauthorized access and hacking attempts to ensure the highest level of security. 6. Payments and Subscriptions Payment Methods: Payments are processed via Stripe. Accepted payment methods include credit cards, debit cards, and other methods supported by Stripe. Payment processing follows the relevant security standards. Billing Periods and Cycles: Users can choose between monthly or annual billing. Refunds: EU customers have a 14-day right of withdrawal. Refunds are issued according to our refund policies, available in the app or on our website. Price Adjustments: Quitty reserves the right to adjust prices. Users will be notified of price changes in advance and given the option to cancel the subscription. Renewals: Subscriptions automatically renew unless canceled in time. Users will be notified of upcoming renewals and changes.
7. Contract Duration and Termination · Contract Models: Users can choose the subscription model that suits their needs (monthly/annually). · Termination Notice Period: o Monthly Subscriptions: Termination with a notice period of 7 days before the end of the billing period. o Annual Subscriptions: Termination with a notice period of 30 days before the end of the billing period. · Automatic Renewal: Subscriptions renew automatically unless terminated. Terminations must be made via the app or in writing to support. · Extraordinary Termination by Users: Users have the right to terminate the contract extraordinarily if significant changes to the contract are introduced. · Termination by Quitty: Quitty reserves the right to terminate the subscription in case of violations of the terms of use. 8. User Responsibilities · Securing Access Credentials: Users are responsible for securely storing and protecting their access credentials. The use of secure passwords is recommended. · Compliance with Laws: The app must not be used for illegal or unauthorized purposes. · Prohibition of Automation Tools: The use of bots, scraping tools, or other automated mechanisms is prohibited. · Code of Conduct and Content: Users are required to upload only content that does not infringe third-party rights and complies with legal requirements. Prohibited content will be removed. Fair-Use Policy and Abuse Prohibition: Users must use the app within reasonable limits and refrain from excessive or unauthorized activities that could affect the stability or security of the platform. This fair-use policy contributes to the protection of the platform and users. Prohibition of Account Sharing: User accounts may not be sold, transferred, or otherwise shared with third parties. 9. Warranty and Liability · Disclaimer: Quitty assumes no liability for damages caused by the use or inability to use the app, as far as permitted by law. · Liability for Content and External Links: Quitty takes no responsibility for the accuracy and completeness of third-party information or content. · Limitation of Liability for Data Loss: Quitty is not liable for data loss caused by user errors or unauthorized access. · Force Majeure: Quitty is not liable for delays or failures caused by force majeure (natural disasters, cyberattacks, etc.). Indemnity and Hold Harmless: Users are required to indemnify Quitty from any claims, damages, or losses arising from illegal use of the app or violations of the terms of use. This serves as additional protection against liability claims caused by user behavior. 10. Intellectual Property and Trademark Protection · Trademarks and Copyrights: All trademarks, logos, and names appearing in the app are registered trademarks of Quitty AG or its partners. · Usage Rights for User-Generated Content: Quitty obtains a non-exclusive usage right to uploaded content for providing and improving the services. · Prohibition of Reproduction: Without express permission, any reproduction, distribution, or use of the software or content is prohibited. License to Improve Services: Users grant Quitty a simple, worldwide, and free license to use their uploaded content (e.g., receipts) to improve and further develop the app, particularly for analysis and user experience improvements. 11. Changes and Updates to Services and Terms of Use · Changes to Terms: Significant changes to the terms of use will be announced to users via email or in-app notification. Users have the right to terminate the contract if they do not accept the changes. · Scheduled Maintenance: Planned maintenance windows will be announced at least 48 hours in advance to prepare users. Notification of Changes and Right to Object: If a user does not agree to the changed terms of use, they have the right to object in writing or by email within 30 days after receiving the change notification. In such a case, the user can terminate the contract extraordinarily. 12. Security · Security Measures: Regular security reviews and penetration tests are conducted to ensure data security. · Reporting of Security Incidents: Users are required to immediately report any security incidents to Quitty. Enhanced Security Measures: Quitty uses advanced encryption technologies for both data transmission and storage. All data is stored on secure servers in Switzerland and the EU. 13. Third-Party Providers and Links · External Links: Quitty may contain links to third-party websites. Quitty takes no responsibility for their content or privacy practices. · Use at Own Risk: Users visit third-party websites at their own risk.
14. Export Control Laws and Sanctions Users are required to comply with all applicable export control laws and sanctions. The app may not be used in countries subject to export controls or sanctions. Users must confirm that their use does not conflict with applicable sanctions. 15. Applicable Law and Jurisdiction These terms of use are governed by Swiss law. The court of jurisdiction for any disputes is Stansstad, Switzerland. For users within the EU, different regulations may apply according to national consumer protection laws. EU customers may use the EU's Online Dispute Resolution platform for disputes. 16. Changes and Adjustments to the Terms of Use Right to Amend: Quitty reserves the right to change, supplement, or adjust these terms of use at any time to comply with legal requirements, expand functionality, or improve security and user-friendliness. Notification of Changes: Significant changes will be communicated to users in a timely manner through one of the following methods: · Email notification to the email address registered with Quitty; · In-app notification when logging in after the changes take effect; · Notice on the Quitty website. Right to Object and Termination Option: If a user does not agree with the amended terms, they have the right to object in writing or by email within 30 days after receiving the change notification. In such a case, the user can terminate the contract extraordinarily. The termination will take effect immediately upon the changes coming into force. If no objection is made, the changes are considered accepted. Effective Date of Changes: The changes will take effect 30 days after the notification, unless a different deadline is specified in the notification. Obligation to Comply with Updated Terms: Users are responsible for regularly reviewing the terms of use. Continued use of the Quitty app after the amended terms come into effect is considered acceptance of these changes.
17. Additional Rights of Users and Consumer Information Right of Withdrawal for EU Customers: Customers within the EU are granted a 14-day right of withdrawal for subscriptions to comply with the EU Consumer Protection Directive. Within this period, the user may cancel the contract without providing a reason. A written declaration is required to exercise the right of withdrawal. A sample withdrawal form will be provided. Alternative Dispute Resolution and Online Dispute Resolution Platform (ODR Platform): EU customers are offered the opportunity to use the EU Online Dispute Resolution platform (ODR Platform) in case of disputes. This platform is available at the following link: https://ec.europa.eu/consumers/odr. Consumers can contact this platform for inquiries or to resolve disputes. 18. Data Processing and Storage Storage Location and Duration: User data is stored within Switzerland and the EU. After deactivating or deleting an account, the data will be stored for the legally required period and then permanently deleted, unless other legal retention obligations exist. Data Security Measures: Data security is ensured through comprehensive technical measures such as encryption of data during transmission and storage. Additional security measures include firewalls, access restrictions, and regular checks for unauthorized access and hacker attacks. 19. License and Ownership Rights License to Quitty for Improving Services: By uploading content (e.g., receipts), users grant Quitty a simple, worldwide, and free license to use this data to improve the app and its functionality. This includes analyses for further development and optimization of the user experience. Rights to New Features or Updates: Users have no claim to specific updates or extensions. Quitty reserves the right to change, expand, or discontinue features at any time. 20. Restrictions on Usage Rights and Prohibited Activities Abuse Prohibition and Fair Use Guidelines: Users agree to use the app only in a reasonable scope. Unauthorized activities that could endanger the stability or security of the platform are prohibited. A Fair Use Policy applies to ensure the platform is not misused. Prohibition of Selling or Transferring Accounts: The transfer, sale, or sharing of accounts with third parties is not permitted to prevent abuse.
21. Governing Law and Dispute Resolution Additional Provisions for International Users: For users outside the EU and Switzerland, different or additional provisions may apply. International users are encouraged to review the terms of use in relation to their respective national laws. Dispute Resolution Procedure: Before taking legal action, disputes can be settled through an alternative dispute resolution process to minimize costs and efforts. Upon request, Quitty may recommend an alternative dispute resolution body to resolve the dispute.
22. Indemnity and Hold Harmless Indemnity by Users: Users agree to indemnify Quitty from all claims, damages, or losses arising from illegal use of the app or violations of the terms of use. This provides Quitty with additional protection from liability claims arising from users' actions.
23. Notification Obligations and Communication Form and Type of Notifications: Quitty may contact users via email, push notifications, or in-app messages. Users are responsible for keeping their contact details up to date to receive important notifications. Deadlines and Conditions for Inquiries: Inquiries from users regarding the terms of use will be answered by Quitty within 10 business days to ensure timely communication. 24. Special Provisions for Promotions and Offers Participation Conditions for Promotions: If Quitty conducts sweepstakes or reward promotions, specific terms and conditions will apply, which will be defined for each individual promotion. However, Quitty is under no obligation to regularly conduct such promotions or to repeat specific offers.
25. Final Provisions Severability Clause: If any provision of these terms of use is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid clause will be replaced by a provision that closely approximates the economic purpose. Waiver Clause: If Quitty waives enforcement of any provision, it does not constitute a waiver of other or future rights. Quitty reserves all rights. Priority of these Terms of Use: Additional agreements or side agreements are only effective if they are documented in writing and only apply in relation to these terms of use. Updated on: 12/01/2025
