The following General Terms and Conditions of NOYO AG apply to consumers who have their domicile or habitual residence in Switzerland.
These General Terms and Conditions form the basis for the user agreement that is concluded between the app user (hereinafter referred to as "you" or "you") and us, NOYO AG, Erlenstrasse 4A, CH 6343 Rotkreuz (hereinafter referred to as "us" or "we"). The subject of this contract is the free or paid use of the services offered by us under the name NOYO via our software applications for Android and iOS (hereinafter referred to individually as the "NOYO Service" and collectively as the "NOYO Services" or generally as "NOYO").
You can find the relevant details about the services we offer directly in our app.
In order to open a user account and use the NOYO services, you must be 18 years of age and capable of acting.
NOYO is aimed exclusively at consumers, i.e. people who do not use NOYO for commercial or professional purposes. The use of the NOYO app for commercial or other commercial purposes is expressly prohibited. If you would like to use NOYO commercially, please send us an e-mail to hey@noyo-mobility.com and we will make you an individual offer.
We reserve the right to agree additional terms and conditions for individual NOYO services. However, we will inform you of this prior to use.
The scope of the NOYO services included in NOYO that you can use depends on whether and which NOYO services you use free of charge or for a fee.
Please visit the website www.noyo-europe.com to find out about the current price and subscription models and the services that can then be used. All prices quoted include the applicable value added tax.
To use the NOYO services, you must first register and open a user account. You can open a user account via one of our mobile apps. As part of the registration process, you will be asked to accept these General Terms and Conditions and to take note of the Privacy Policy.
After you have registered, we will first send you a verification code by SMS to the telephone number you have provided for security reasons. The registration process is only complete once you have entered the verification code.
When registering via mobile apps, the conclusion of the contract of use depends on the rules of the respective provider of the app store (e.g. Apple, Google, etc.). As a rule, the contract is concluded when you click on the Install button in the respective store and, if necessary, enter your password.
You can purchase individual paid services when using the NOYO Services. Offers from NOYO are non-binding requests in accordance with Art. 7 Para. 1 CO: The NOYO services available via the app on the day of the order are merely an invitation to you to submit an offer.
If you purchase these services via your mobile app, the contract is concluded when you click on the "Book now for payment" field or a similarly designated field during the use of the mobile app as part of an in-app purchase and, if necessary, enter your password for the respective app store.
We can also list services in the app that cannot be booked directly. However, you can request these without obligation. A member of our staff or one of our partners will contact you promptly with a contract offer.
If you purchase paid services in accordance with 4.2, we will not request any further billing or payment details from you, as you purchase the service via your account with your app store provider. Please contact them if you wish to correct any input errors.
The user contract concluded between you and us when you open a user account is valid for an indefinite period.
Our paid services are offered as individual bookable services in the app. The purchase of a service is unique, unless otherwise specified in the service description.
If you purchase our paid services via our website, the invoice will be created by us or one of our partners and issued in your name. If you purchase our paid services via in-app purchases, the invoice will be issued by the provider of the respective store.
When purchasing paid services, the fee will be collected in advance for the respective minimum term at the time the contract is concluded. If the subscription is extended automatically, the fee shall be collected in advance at the beginning of the respective extension period. This does not apply if the fee is collected via an app store; in this case, the fee is collected 24 hours before the start of the respective billing period.
We reserve the right to assert further claims for late payment.
If you purchase our paid services via in-app purchases, you will be billed by the provider of the respective store. Please check with this provider to find out which payment methods are available.
If you book a service with us, you are entitled to the following right of withdrawal.
You have the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period of fourteen (14) days begins on the day after the conclusion of the contract. To exercise your right of withdrawal, you must contact us:
NOYO AG
Erlenstr. 4A
CH 6343 Rotkreuz
info@noyo-mobility.com
of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the template in accordance with section 8.3, but this is not mandatory. If you make use of this option, we will send you (e.g. by e-mail) a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the contract, we must refund all payments that we have received from you within fourteen days of the day on which we receive notification of your withdrawal from the contract. For this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount. This share is based on the contractual services provided by us up to the point in time at which you informed us of the exercise of the right of withdrawal with regard to this contract.
In the case of a contract for the provision of services, the right of revocation shall also expire if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation if we fulfill the contract in full.
In the case of a contract for the delivery of digital content not on a physical data carrier, the right of withdrawal shall also expire if we have started to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon commencement of the execution of the contract.
If you wish to withdraw from the contract, you can use the sample below, add your details and send it back to:
NOYO AG
Erlenstr. 4A
CH 6343 Rotkreuz
info@noyo-mobility.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
E-mail address of the consumer
(NOYO user account)
Signature of the consumer(s)
Date
(*) delete as inaccuracies
NOYO regularly offers various promotions and sales campaigns. NOYO customers find out about the promotions via the newsletter and are informed about the status. The promotions are not a fixed part of the NOYO offer and are usually limited in time. There are separate conditions for the promotions, which can be viewed and accessed under Information and participation.
The statutory provisions shall apply to claims based on defective services.
NOYO gives no additional guarantees or assurances.
Fulfillment of the contract to the extent permitted by law.
In the case of services provided free of charge, we shall only be liable, irrespective of the legal grounds, for direct direct damage caused by intent or gross negligence. In the event of gross negligence, our liability shall be limited to the typical, foreseeable direct direct damage. Our liability is otherwise excluded.
In the case of services rendered against payment, we shall be liable, irrespective of the legal grounds, for direct, immediate damages due to intent and gross negligence.
Our liability is otherwise excluded.
To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favor of our employees and agents.
The services offered by us contain copyrighted or otherwise protected content to which we are entitled to the corresponding rights. We grant you a simple and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. We would like to point out that you are not permitted to distribute or make our content publicly accessible, e.g. on websites outside of the NOYO website. The right of use expires if you are no longer activated for the respective service (e.g. after deletion or blocking of your account) or upon termination of the user relationship.
You are solely responsible for content that you upload within the NOYO services. We do not adopt it as our own and do not check it.
You are obliged to comply with all applicable laws and other legal provisions of the Swiss Confederation when providing your own content. Irrespective of whether this constitutes a criminal offence, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, inciting, discriminatory, adult, offensive and/or defamatory in nature.
Furthermore, you are obliged not to infringe any third-party rights. This applies in particular to personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). In particular, you must also be the owner of the necessary rights to your profile picture and other photos posted by you.
We are entitled to delete or remove content that is illegal or violates the aforementioned principles at any time without prior notice. If you violate the aforementioned principles, we are entitled to warn you or temporarily block your user account or to terminate the user contract for good cause in accordance with section 15.3.
In the event that you violate the principles set out in clause 14.2 and are responsible for this (i.e. have acted either negligently or intentionally), you are obliged to indemnify us against third-party claims arising from such a violation. The indemnification also includes the costs of appropriate legal representation. We reserve the right to assert claims for damages and other claims.
You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. All you have to do is send us an e-mail to info@noyo-mobility.com. Please note that after deletion of your user account, all content posted by you will be deleted or could be deleted by us and you will no longer have access to content you have already purchased. We will not refund any amounts already paid by you for subscriptions to paid services, not even on a pro rata basis. You can use the services until the end of the purchased term.
We are entitled to terminate the contract of use without stating reasons with a notice period of two (2) weeks in text form.
The right to terminate for good cause remains unaffected for both parties. In particular, we are entitled to terminate the user contract or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate these General Terms and Conditions or fail to meet your payment obligations despite a reminder.
We process your personal data in accordance with our privacy policy, which you can access in its current version at https://www.noyo-mobility.com/datenschutzerklaerung_app. In particular, the privacy policy regulates and explains the extent to which your personal data is visible to other users and what options you have to control the disclosure to other users.
We reserve the right to amend and adapt these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal, regulatory or technical framework and the changes are reasonable in good faith, taking into account your interests. We will notify you of the changes by text message or email at least four (4) weeks before the planned entry into force of the new version of the General Terms and Conditions. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use NOYO, the new General Terms and Conditions will be deemed to have been accepted. In the event of an objection, we expressly reserve our ordinary rights of termination.
Excluded from the right to amend these GTC in accordance with the previous paragraph are provisions which affect the main performance obligations between you and us and which therefore significantly change the relationship between the main and counter-performance obligations, as well as other fundamental changes to the contractual obligations which are equivalent to the conclusion of a new contract. Your express consent is required for such changes.
Swiss law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from this contract is exclusively the registered office of NOYO.
The contract language is German.
NOYO AG
Erlenstr. 4A
CH 6343 Rotkreuz
Commercial register entry
Number CHE-353.953.650
Commercial Register Office Canton Zug
VAT number
VAT no.: CHE-353.953.650
These General Terms and Conditions can be viewed at www.noyo-europe.com/nutzungsbedingungen_app.
You can view other contract information and data in your user account. Alternatively, you can also print out or save the automatic order confirmation that you receive after completing an order.