Terms of Use

vyvo.ch

1.Operator and Scope

These Terms of Use govern the use of the vyvo.ch platform.

Operator: vyvo.ch

These Terms apply to all users accessing vyvo.ch, regardless of the device or access point used. By accessing or continuing to use vyvo.ch, you agree to these Terms. Anyone who does not agree must stop using the platform.

Note: There is no registration in the Swiss commercial register. The operator is a natural person operating as a sole trader under Spanish law.

2.Description of Services

2.1 Nature of the Platform

vyvo.ch is a free information and lead generation platform. It allows users to discover, compare and contact fitness clubs, boutique studios and wellness providers in Switzerland.

vyvo.ch is exclusively an information service. The platform does not broker memberships, sell fitness services or conclude contracts between users and fitness clubs.

2.2 Free of Charge

Use of vyvo.ch is free of charge for users. No legal relationship is created between the operator and the user that would impose a service obligation on the operator.

2.3 No Accounts

vyvo.ch does not require registration. Users can use the platform anonymously. No user accounts are created.

2.4 Lead Form

Users can express their interest in a specific fitness club via a contact form on vyvo.ch. After submitting the form and with the appropriate consent, the operator forwards the user's contact details to the relevant partner club, which then contacts the user directly.

The operator is not a party to the legal relationship between the user and the fitness club. All agreements, memberships, prices and conditions are concluded exclusively between the user and the respective fitness club. The operator is neither involved in nor liable for such agreements.

3.User Obligations

When using vyvo.ch, users agree to:

  • not provide false or misleading information in forms;
  • not use the platform for illegal, harassing or abusive purposes;
  • not use automated access, scraping activities, bots or other technical means to systematically extract content from the platform;
  • not take measures that excessively burden or impair the platform's infrastructure;
  • not distribute content that infringes the rights of third parties, in particular copyrights, trademark rights or personality rights;
  • not collect or process data of other users or partner clubs.

The operator reserves the right to block access to the platform in the event of violations of these obligations and to assert any claims.

4.No Warranty for Accuracy of Club Data

All information published on vyvo.ch about fitness clubs β€” including but not limited to prices, opening hours, offers, equipment, types of training and availability β€” may be incomplete, changed or outdated. Users are obliged to verify all decision-relevant information directly with the respective fitness club before entering into a membership or any other commitment.

The operator assumes no responsibility for:

  • the accuracy, completeness or currency of published club data;
  • the quality, safety or suitability of a fitness club's services;
  • prices, conditions or membership terms actually offered by the club;
  • decisions by fitness clubs regarding membership applications or enquiries;
  • changes to club information after the last update of the platform content.

5.Intellectual Property

5.1 Operator's Property

All content on vyvo.ch β€” including but not limited to texts, comparisons, rating systems, matching logic, graphics, logos, data structures and editorial content β€” is the property of the operator or is used with the permission of third parties and is protected by copyright and other intellectual property rights.

5.2 Prohibited Acts

Without the express written permission of the operator, the following are prohibited:

  • reproduction, copying or redistribution of platform content;
  • use of platform content for commercial purposes;
  • systematic extraction of data (scraping) or creation of competing databases;
  • removal or modification of copyright or trademark notices.

5.3 Fitness Club Content

Information, logos and images relating to fitness clubs remain the property of the respective clubs or their licensors. Publication on vyvo.ch does not constitute a transfer of these rights to the operator or users.

6.Limitation of Liability

6.1 General Limitation

The operator is liable exclusively for damages caused intentionally or through gross negligence. Any liability for slight negligence is excluded to the extent permitted by law.

6.2 Excluded Areas of Liability

The operator is not liable in particular for:

  • damages arising from the use or non-use of information published on vyvo.ch;
  • damages arising from reliance on the accuracy of club data;
  • damages arising from a membership or service with a fitness club listed on vyvo.ch;
  • decisions by partner clubs towards users after receipt of a lead;
  • temporary unavailability of the platform due to technical problems, maintenance work or events outside the operator's control;
  • loss of data, unless caused by gross fault of the operator;
  • damages caused by third-party providers, in particular hosting providers, Google Analytics or partner clubs.

6.3 No Liability for Third-Party Sites

Links to third-party websites are provided without review and without warranty as to their content. The operator accepts no liability for the content, data protection practices or actions of third-party websites. Accessing linked third-party sites is at the user's own risk.

6.4 Force Majeure

The operator is not liable for non-delivery or delayed availability of the platform due to force majeure events, including natural disasters, war, pandemics, government orders, network outages, cyberattacks or other events beyond the operator's control.

6.5 Liability Cap

To the extent that the operator's liability cannot be completely excluded, the operator's total liability to a user is limited to CHF 100, regardless of the number of claims and the legal basis. This limit does not apply in cases of intent or gross negligence.

7.Platform Availability

The operator endeavours to ensure continuous availability of vyvo.ch but provides no guarantee of uninterrupted or error-free availability. The operator reserves the right to modify, restrict or discontinue the platform at any time β€” including without notice β€” temporarily or permanently, without any claims arising against the operator.

8.Data Protection

The processing of personal data in connection with the use of vyvo.ch is governed exclusively by the operator's privacy policy, available at https://www.vyvo.ch/datenschutz. The privacy policy is an integral part of these Terms.

9.Changes to These Terms

The operator reserves the right to amend these Terms at any time. The current version is published at https://www.vyvo.ch/agb. Changes take effect upon publication of the new version with the date of amendment. Continued use of the platform after publication of amended Terms constitutes acceptance of the new version. Users who do not agree must stop using the platform.

10.Applicable Law and Jurisdiction

10.1 Applicable Law

These Terms and the use of vyvo.ch by users resident in Switzerland are governed on the merits by Swiss law, in particular the Code of Obligations (CO). Mandatory consumer protection provisions of the user's country of residence remain reserved.

10.2 Jurisdiction

The operator is a natural person resident in Spain. The formal place of jurisdiction is in Spain. For claims by users resident in Switzerland, the competent Swiss courts may be approached to the extent mandatorily provided for under applicable law.

11.Severability

Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in these Terms.

12.Contact

For questions about these Terms, please contact:

vyvo.ch
Email: info@vyvo.ch
Platform: https://www.vyvo.ch

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