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 Frei Applikationen, Seestrasse 97, 8703 Erlenbach, Schweiz.
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.
In order to use AYIO, the Ayiopreneurs 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.
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 unauthorized way whatsoever, or to publicize 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 unauthorized 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 Ayiopreneur 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.
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.
As 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:
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 unauthorized 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.
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.
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.
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 (Ayiopreneurs 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.
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 (Ayiopreneurs and Users) of the internet platform that arise due to a breach of duties relating to contractual negotiations or tortuous acts on the part of AYIO.
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 (Ayiopreneur and User), AYIO reserves the right to immediately delete the user’s account.
AYIO always endeavors 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 endeavor 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.
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.
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.
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.