Version 2 · in force from 18 July 2026.
Language: these general terms and conditions are established in French. This English version is provided for information purposes only; in the event of any discrepancy or question of interpretation, the French version prevails.
These general terms and conditions of sale and use (hereinafter "GTC") govern the subscription to and use of the Fidelyz platform by a merchant or professional (hereinafter "the Client"). By subscribing, the Client accepts them without reservation, including the data processing annex, which forms an integral part thereof.
Fidelyz, accessible at fidelyz.cards, is an online platform (software as a service, "SaaS") bringing together several modules intended for businesses. The following terms are used:
The service is offered on an annual subscription basis, in Swiss francs (CHF). The prices indicated are net prices (see the VAT note below). The Client chooses one or more modules, or the pack bringing them all together:
Clients outside Switzerland: equivalent prices in euros (EUR) are offered depending on the Client's country (geo-pricing). The currency displayed at the time of subscription is authoritative.
The exact functional scope of each module and each plan is described on the pricing page, which prevails in the event of doubt about the content of the plan.
Value added tax (VAT): the Operator is not subject to Swiss VAT, its turnover being below the legal registration threshold. Consequently, no VAT is charged and the prices indicated are the final net prices payable. Should the Operator become subject to VAT in the future, VAT at the rate then in force may be added, the Client being informed beforehand.
Price changes: the Operator may change its prices. For current subscriptions, any increase is notified to the Client by e-mail with at least thirty (30) days' notice and applies only from the following annual due date. A Client who refuses it may terminate before that date; failing which, the new price applies at renewal. The price guaranteed under the summer offer (article 3) remains reserved.
The summer offer is a limited promotional offer: the launch price is reserved for the first 150 merchants and is open only until 1 September 2026, whichever of these two limits is reached first bringing the offer to an end. A Client who subscribes on these terms keeps this launch price for as long as their subscription remains active, renewals included ("price locked for life"). In the event of termination and then re-subscription, the price in force on the day of re-subscription applies. After the offer, new subscriptions are made at the price in force displayed on the pricing page.
Subscription is carried out online and gives rise to an annual subscription contract (and not the purchase of a fixed-term licence). The Client declares that they subscribe for professional purposes (see article 7).
Payment is processed by the provider Stripe; the Operator does not have access to full bank card data. For the Loyalty module, online subscription begins with a fourteen (14)-day free trial: a valid bank card is registered, but no charge is made before the end of the trial; failing cancellation before its term, the subscription starts and the first charge is made on the fourteenth day. For the other modules subscribed through another channel, payment is made on ordering, subject to the guarantee in article 6.
An invoice is issued and sent electronically at each due date. The annual price is payable in a single instalment, on subscription and then at each renewal.
Digital access is provided immediately; where a physical medium is provided, it is delivered separately:
These times run from the validation of the subscription and the Client's provision of the information needed for personalisation. A reasonable delay in the delivery of the physical medium, in particular attributable to a printing or postal provider, does not affect the availability of the digital access and does not give rise to a right to terminate the digital service already provided.
As the service is reserved for professionals (article 7), the right of withdrawal provided for consumers (in particular the fourteen-day right of withdrawal under European Directive 2011/83/EU) does not apply to the relationship, and Swiss law does not provide for a general right of withdrawal for services subscribed online.
As a voluntary commercial commitment, the Operator nevertheless offers a "satisfied or refunded" guarantee of fourteen (14) days from subscription: a Client who requests it within this period is refunded the amount paid. For the Loyalty module, this guarantee is combined with the fourteen-day free trial (article 4), no charge being made before its term. For a physical medium already personalised (NFC engraving, plaque bearing the Client's brand), the Operator may retain the manufacturing and shipping costs already incurred, which are indicated before ordering; the refund then covers the balance. This guarantee does not extend to subsequent renewals.
The service is reserved for professionals (merchants, self-employed persons, companies) acting within the framework of their activity. By subscribing, the Client declares that they act in this capacity.
The subscription is concluded for an indefinite term, in successive periods of twelve (12) months. It is automatically (tacitly) renewed at each annual due date, at the Client's subscription price (the launch price of the summer offer is retained for as long as the subscription remains active, article 3), subject to the notice provided in article 2 in the event of an increase.
The Client may terminate at any time from their dashboard or by simple written request: termination takes effect at the end of the current annual period, which remains due and vested. Periods already started do not give rise to a pro rata refund, except where a mandatory legal provision requires otherwise or where the guarantee in article 6 applies. A change of module or plan is possible at any time; the difference is calculated on a pro rata basis by the payment provider.
Payment default: in the event of a failed charge, the Operator notifies the Client and payment is automatically retried over several days, without immediate interruption of the service. Failing regularisation, the subscription is suspended: access switches to read-only and the active features are suspended. Cards already issued remain in the End Customers' Wallets. The Client may regularise and reactivate their subscription at any time: the service resumes in full, with its data.
The Operator implements reasonable means to ensure the availability and proper functioning of the service and to deliver the physical media within the times set in article 5. The service is provided "as is", without any guarantee of the absence of interruption or error. Interruptions may occur for maintenance, updates or for reasons beyond the Operator's control, in particular a failure of a third-party provider, of Apple or of Google. The delivery of Wallet Notifications depends on Apple's and Google's services, over which the Operator exercises no control.
The customer file built up by the Client remains its full and entire property. The Operator does not use it for its own purposes and does not share it with any other business. The Client may export its data (CSV format) at any time from its dashboard. In the event of termination, the customer file remains exportable by the same export, and cards already issued remain in the End Customers' Wallets. At the end of the relationship, the data is returned or deleted in accordance with the terms of the DPA annex.
The Operator grants the Client a personal, non-exclusive and non-transferable right to use the service for the duration of the subscription. The software, the trademark and the elements of the service remain the property of the Operator. The Client's content and brand remain its property, and the Client authorises the Operator to use them solely to the extent necessary to provide the service (in particular to personalise the cards and media).
The processing of personal data is governed by the Swiss Federal Act on Data Protection (nLPD) and, where the Client or its End Customers fall within the European Union, by the General Data Protection Regulation (GDPR). The terms (purposes, durations, hosting, data subjects' rights, sub-processors) are described in the privacy policy. For End Customers' data, the Operator acts as a processor on behalf of the Client under the terms of the data processing annex below.
To the extent permitted by Swiss law, the Operator's liability is limited to direct and proven damages, and capped at the amount paid by the Client over the last twelve months. The Operator is not liable for indirect damages (loss of turnover, of customers or of data) or for the acts of third parties. Nothing excludes liability in the event of gross negligence or wilful misconduct.
In the event of a serious breach by the Client of its obligations (unlawful use, payment default, breach of security), the Operator may suspend or terminate access, after a formal notice that has remained without effect where such notice is required.
The Operator may amend these GTC. Substantial amendments are notified to the Client; for a current subscription, they apply from the following annual due date, the Client being able to terminate before it if they refuse them. Continued use constitutes acceptance.
These GTC are governed by Swiss law, in particular the Code of Obligations (CO) and, with regard to commercial practices, the Federal Act against Unfair Competition (LCD); data protection is governed by the nLPD (and the GDPR where applicable). Any dispute relating to their validity, interpretation or performance falls within the exclusive jurisdiction of the courts of the Canton of Geneva (Switzerland), subject to a mandatory place of jurisdiction provided by law.
For any question relating to these GTC: contact@fidelyz.cards.
This annex forms an integral part of the GTC. It applies where the Operator (the "Processor") processes, on behalf of the Client (the "Controller"), the personal data of End Customers. It prevails over any contrary provision of the GTC with regard to that data.
The Processor processes the data solely to provide the loyalty card service (issuing cards, loyalty counting, notifications, business statistics), for the duration of the subscription and on the Controller's documented instructions.
End Customers of the Controller; data: first name, any contact details (e-mail, telephone, birthday), history of visits and stamps, associated services, technical card identifiers. No category of sensitive data is required by the service; the Controller undertakes not to introduce any.
The Controller authorises the use of the sub-processors listed in the privacy policy (Supabase, Vercel, Brevo, Stripe, Apple, Google). The Processor imposes equivalent protection obligations on them and informs the Controller of any change, giving it the possibility to object on legitimate grounds.
Some sub-processors may process data outside Switzerland or the European Union; such transfers are framed by appropriate safeguards (standard contractual clauses and/or an adequacy decision).