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Terms of Use (GTC) in order to use the Human to Human business platform AYIO

Area of application

The Human to Human Business Platform AYIO is a digital internet platform for entrepreneurs, on AYIO called Ayiopreneurs, who offer their personal services to any human beings on AYIO called Users. By creating a profile on AYIO you automatically become a User and you have to ability to request services from any Ayiopreneurs. By creating a listing a User becomes an Ayiopreneur and obtains the status of a sole proprietorship according to the local law. The location indicated in the Listing and / or the residential address (tax domicile) of the Ayiopreneur determine the local jurisdiction of the sole proprietorship. An Ayiopreneur can continue to act as User by switching the platform mode.

The internet platform AYIO is operated by AYIO Inc. 415 Jackson St, San Francisco, CA 94111, USA

The contractual relationship related to the performance of the services is solely between the User and the Ayiopreneur.

It is against this background that these general contractual terms and conditions (GTC) govern the relationship between AYIO and the User and between AYIO and the Ayiopreneur. The relationship between the user and the Ayiopreneur is not governed by these terms and conditions. The respective terms and conditions agreed between the User and the Ayiopreneur apply in this respect considering any regulatory frameworks at the specific place of execution- / delivery.

1. Conclusion, length and termination of contract

In order to use AYIO, the Ayopremeurs and Users must register themselves with a password and create a profile using standard data.

Upon registering, the user accepts these GTCs and a contractual relationship is established based on these GTCs between AYIO and the User and between AYIO and the Ayiopreneur.

The contractual relationship between AYIO and the Users / Ayiopreneurs shall run for an indefinite period and can be terminated without notice at any time by the users and by AYIO . Any possible contractual obligations that arise before the termination of the contract (e.g. an Ayiopreneur’s obligations to perform a service or a User’s obligations to make payments) remain unaffected in every case and must be fulfilled.

2. Use AYIO by the Ayiopreneur

Ayiopreneurs advertise their services on AYIO in their own name and on their own behalf. The Ayiopreneurs confirm that they are providing the services they are offering on AYIO in their own name, on their own behalf, as an independent entity and at their own financial risk. The Ayiopreneurs also confirm that they have the necessary skills and competencies to perform the advertised services and that the services offered will remain in full force and effect until they are deleted.

The Ayiopreneurs confirm that they will complete their user account as accurate as possible and they shall be obligated to refrain from using AYIO in any unauthorised way whatsoever, or to publicise or exchange any illegal or immoral content on AYIO.

Furthermore, the Ayiopreneurs shall be obligated to protect the password they have been assigned when using the Human to Human business platform from being accessed by third parties and to ensure that the password is kept strictly confidential. If evidence suggests that the password has been disclosed to unauthorised third parties, the Ayiopreneurs shall be obligated to change the password immediately and accept that AYIO may prevent them from accessing the Human to Human business platform until the password has been changed.

The Ayiopreneurs appoint AYIO to execute the financial transaction upon successful completion of a service, resulting out of the contract (valid contracts between the Ayiopreneurs and the Users are always visible on the platform and can be changes at any time in consensus between the 2 parties and up to the point of successful completion of a service) between the Ayopreneur and the User. AYIO has the right to deduct a reasonable percentage of the transaction volume as a commission in order to operate the platform. The Ayiopreneurs are aware that the financial transaction can only be successful, if the Users are solvent and it is possible to debit their credit card. AYIO is therefore never able to guarantee that the Ayiopreneur will receive payment.

The commission set by AYIO , which are deducted from the transaction volume, are subject to a transaction fee, a technology operation, maintenance and development fee and a compensation fee for the platform operator AYIO Inc. Please refer to clause 3 services provided by AYIO for more details.

3. Services provided by AYIO

As the operator of AYIO, AYIO is providing its best efforts to keep the platform with all its functionalities for Users and Ayiopreneurs stable. AYIO undertakes appropriate and suitable advertising and marketing measures to promote the internet platform.

s part of a digitized Human to Human business platform, AYIO also processes the financial transactions on behalf of and in the name of the Ayiopreneur. The Ayiopreneurs are aware that the financial transaction can only be successfully executed if the User is solvent and if it is possible to debit his or her credit card. This process is extensively automated and in case of an error due to e.g. deficient coverage, AYIO has no other way to collect the fees that are due than through this process. If it is not possible to claim the money from the Users, AYIO will notify the Ayiopreneur that the User is unable to pay.

The financial transaction process with AYIO is extensively automated by using Stripe Connect with connected accounts for the Ayiopreneurs and looks as follows:

  1. The User must have a valid credit card stored in the profile in order to approve a quote for a service. The User confirms by successfully adding a credit card, that he/she is allowed any liable to use it and the payment informations are correct.
  2. The Ayiopreneur must have a valid bank account stored in the profile before a service can be completed by the Ayiopreneur. The Ayiopreneure confirms by successfully adding a valid bank account, that he/she is allowed any liable to use it and the payment informations are correct.
  3. The Ayiopreneur completes service fulfillment by hitting the “Complete Service” button on the service dashboard.
  4. The User has now 24 hours left to accept the service provided, if a User is not able to check the service results within that timeframe, there is an option to extend service acceptance by 48 hours. If the service outcome is dissatisfactory there is a one-time option to ask for improvements.
  5. Confirms the User her/his satisfaction by clicking on “Accept Service” Button, the User gets immediately asked to pay for the service delivered. The user can use the credit card stored or add another card.
  6. If the financial transaction cannot be successfully processed, the acceptance of a service won’t be successful.
  7. Once service acceptance deadline is reached (max. 3 days) the financial transaction is initiated automatically with the User’s credit card stored in the system.
  8. If the financial transaction is still not possible, the service remains “in progress” and Ayiopreneur and User get notified about failing payment.
  9. If the User asks for service improvements inside the acceptance deadline, the service status is pushed back to “in progress” where the Ayiopreneure has the possibility to improve the service but also decrease the quote.
  10. After a successful payment (For detailed payment processing description and Stripe Connected Account agreement and onboarding, please refer to Clause 4) User and Ayiopreneur get notified.
  11. The amount minus the AYIO commission will then be transferred to the Ayiopreneur’s bank account.
  12. AYIO is not responsible for any disputes between the User and the Ayiopreneur and not liable for any services provided by the Ayiopreneur.
  13. AYIO is not liable for any claims that could not be processed through the AYIO financial transaction process. A possible enforcement process need to be initiated by the Ayiopreneur at his / her own risk and with the enforcement agency responsible for the User's commune.

4. By using AYIO as an Ayiopreneur you agree to the Stripe Connected Account Agreement and to onboard a Stripe Connected Account

Payment processing services for the Ayiopreneurs on the AYIO Human to Human business platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Terms of Use (GTC) in order to use AYIO or continuing to operate as a Ayiopreneur on AYIO, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of AYIO enabling payment processing services through Stripe, you agree to provide AYIO accurate and complete information about you and your business, and you authorize AYIO to share it and transaction information related to your use of the payment processing services provided by Stripe.

5. Use of AYIO by the User

The Users confirm that information they provide upon registering is complete and accurate.

The users shall be obligated to refrain from using the internet platform in any unauthorised way whatsoever or to accept any illegal or immoral services or to request any other services of this kind.

The users are aware that AYIO is not responsible for the services rendered by the Ayiopreneur in any way whatsoever and that they should raise any notices of defects and complaints that may arise directly with the Ayiopreneur. Complaints and/or notices of defects should be raised by the Users directly with the Ayiopreneur. AYIO does not accept any liability for the services rendered by the Ayiopreneur.

6. General rules relating to the use of AYIO

Users (Ayiopreneurs and Users) are responsible for all content that they share or have uploaded via AYIO. Users shall indemnify AYIO against any possible liability claims or claims which may be brought against AYIO in connection with the unlawful distribution of third party content or the unlawful use of the internet platform.

Users shall be aware that AYIO does not check content or links that are made available to users before they are published. AYIO shall take appropriate measures if complaints arise or if official directives are issued which justify their deletion.

7. Contractual relationship between the Ayiopreneur and the User

When the User accepts a service quote offered by the Ayiopreneur, a contractual relationship is established between the Ayiopreneur and the User. The details of this contractual relationship shall be negotiated individually by the Ayiopreneur and the User, which excludes any input from AYIO . The central points of the agreement are to be mentioned on the AYIO platform. The quote (financials) of the agreement must be defined with the quote function on AYIO. The Ayiopreneurs can fully independently define the prices and costs.

AYIO is not one of the parties in this contractual relationship and does not accept any liability for the services provided by the Ayiopreneur.

8. Data protection

All information on AYIO that is made available from users is only ever used by AYIO to operate the platform and is deleted in full after the user account is deleted. The data is only used to operate AYIO and AYIO does not make it available in the public domain. Any legal regulations to the contrary remain reserved.

Users (Ayiopreneures and Users) of the internet platform can request to see their stored data at any time and can inspect, amend and delete this data themselves at any time.

Credit card and bank account details are treated confidentially, are not published and are only disclosed to third parties to facilitate the smooth processing of payments.

The aforementioned principles are supported by the privacy policy issued by AYIO .

9. Liability disclaimer

AYIO is not responsible for the actions or failures of the Ayiopreneur or for those of the Users. AYIO does not accept any liability in relation to the contractual relationship between the Ayiopreneur and the User.

AYIO and any of AYIO ’s auxiliaries are excluded from liability, where such exclusion is permissible by law, in the event of any damages suffered by the users (Ayiopreneures and Users) of the internet platform that arise due to a breach of duties relating to contractual negotiations or tortious acts on the part of AYIO .

10. Warranty disclaimer

When using AYIO, both Ayiopreneurs and Users shall be obligated to refrain from infringing any third party copyright or other protective rights. If AYIO identifies that such an infringement has been carried out by the user (Ayiopreneru and User), AYIO reserves the right to immediately delete the user’s account.

AYIO always endeavours to ensure that AYIO is continuously available. However, maximum uninterrupted availability can be restricted by maintenance and servicing work that needs to be carried out by AYIO or the service provider. Before any interruptions in service, AYIO shall endeavour to make the user aware of this and to provide as much information as possible. AYIO is always completely excluded from assuming any liability arising from service interruptions unless this is due to unlawful intention or gross negligence.

Any warranty claims in relation to services rendered by the Ayiopreneur exist exclusively against the Ayiopreneur. AYIO gives no warranty and assumes no liability of any kind for the services rendered by the Ayiopreneur.

11. Value added tax and social security contributions

AYIO is the operator of the internet platform. It brings the Ayiopreneurs and the Users together on the platform and digitizes their daily processes to make business. AYIO also executes the payments on behalf of the Ayiopreneurs. AYIO is therefore only liable for VAT in relation to remuneration that has been agreed.

The Ayiopreneurs confirm that they have clarified their liability for VAT and that they will fully comply with any possible VAT obligations.

In addition, the Ayiopreneurs confirm that they are providing the services they are offering on AYIO in their own name, on their own behalf, as an independent entity and at their own financial risk. The Ayiopreneurs also confirm that they fully comply with all obligations to pay social security contributions and all other remaining legal obligations.

12. Applicable law and place of jurisdiction

The contractual relationship between AYIO and the users of the internet platform is subject to Swiss law. Any disputes shall be settled by the district court located closest to AYIO ’s headquarter.

13. Severability clause

Should any individual parts or provisions of this GTC prove to be fully or partially invalid, the validity of the remaining provisions shall remain unaffected. The users and AYIO shall be obligated in this case to replace the invalid provision with a valid provision that comes as close as possible to the economic intent of the invalid provision. This also applies to contractual gaps.