1. Scope and contractual documents
pretty.design is online software (SaaS) for creating, publishing and exporting multilingual activity reports as PDF.
The contract consists of, in order of precedence, the signed offer or contract, these Terms, their appendix on data processing and our privacy policy. The Customer's own terms and conditions do not apply unless agreed in writing.
2. Definitions
- Service: the pretty.design application, its hosting and the features included in the chosen offer.
- Users: the people to whom the Customer grants access to its workspace.
- Content: the texts, figures, images, documents, themes and other data uploaded to the Service by the Customer or its Users.
- Readers: the people who view a published report.
3. Formation of the contract and free trial
The contract is concluded by written acceptance of an offer, by signing a contract or by our written confirmation of an order. An exchange of emails constitutes written form.
The free trial lasts 30 days, with no commitment and no payment method required. When it ends, access is suspended and the data is deleted 30 days later, unless a subscription is taken out.
4. Services
We provide access to the Service according to the chosen offer (number of reports per year, number of Users, included features), hosting of the data in Switzerland and email support on business days.
The Service evolves: we may change its features, provided we do not substantially reduce the agreed services.
Custom work (custom theme, specific blocks, integrations, installation on the Customer's infrastructure) is subject to a separate offer.
5. Accounts and access
The Customer designates its Users and is responsible for their use of the Service. Login credentials are personal and confidential. The Customer notifies us without delay of any misuse or unauthorised access.
For support, configuration and maintenance, our administrator has technical access to workspaces, within the limits described in the privacy policy.
6. Content and Customer obligations
The Customer is solely responsible for its Content and its publication. It warrants that it holds the necessary rights (texts, images, logos, fonts, videos) and that its Content complies with the law and third-party rights.
Where its Content contains personal data of third parties (employees, partners, beneficiaries), the Customer is the controller within the meaning of data protection law. In particular, it ensures that it has a legal basis and informs the data subjects.
A public report is accessible to anyone with the link and may be indexed by search engines. The Customer chooses the visibility of its reports accordingly.
If the Customer enables Google Analytics or any other analytics or tracking tool, it bears sole responsibility for it. It is up to the Customer to inform its Readers and to tell us which measures must be put in place (for example a consent banner) to comply with the GDPR, the FADP or any other applicable law.
The Service must not be used to publish unlawful or misleading content or content that infringes third-party rights, nor to attempt to compromise its security or disrupt its operation.
7. Intellectual property
The Customer retains all rights to its Content. It grants us the right to host, reproduce and display it to the extent necessary to provide the Service.
The Service, its code, blocks and standard themes remain our property. The Customer receives a non-exclusive, non-transferable right of use for the term of the contract. Unless otherwise agreed, the same applies to custom-built themes and blocks.
Unless the Customer objects in writing, we may name it as a reference and show its public reports as examples.
8. Prices and payment
Prices are those of the accepted offer, in CHF or EUR, excluding VAT. VAT is charged in addition at the statutory rate where applicable.
The subscription is annual and invoiced in advance. Invoices are payable within 30 days. In case of late payment, we may, after a reminder that remains unanswered for 14 days, suspend access to the Service until full payment. Default interest of 5% per year is due (Art. 104 of the Swiss Code of Obligations).
We may adjust our prices for a new subscription period, provided we inform the Customer at least 60 days before it starts.
9. Term and termination
The subscription is concluded for 12 months. It renews automatically for 12 months unless terminated in writing (an email is sufficient) at least 3 months before it expires.
Either party may terminate the contract with immediate effect for good cause, in particular in the event of a serious breach of these Terms not remedied within 30 days of formal notice.
Amounts paid in advance are not refunded, unless termination results from a breach on our part. In that case, the portion corresponding to the unused period is refunded.
10. End of contract and return of data
When the contract ends, reports are taken offline. On request made within 30 days, we provide the Customer with its reports as PDF files together with the uploaded images and documents.
All Customer data is deleted within 90 days of the end of the contract. It then disappears from backups as they rotate. The Customer may request earlier deletion.
11. Availability and maintenance
We make every effort to keep the Service available and performing well, without guaranteeing uninterrupted availability. Planned maintenance is carried out outside office hours whenever possible.
We make regular backups. The Customer remains responsible for keeping its own copies of its original Content.
12. Suspension
We may suspend all or part of the Service, with prior notice to the Customer where possible, in case of late payment, manifestly unlawful content, breach of these Terms or a threat to the security of the Service.
13. Data protection
We process data about the Customer and its Users in accordance with our privacy policy. For personal data contained in the Content, we act as the Customer's processor under the appendix below.
14. Warranty and liability
We are liable without limitation for damage caused intentionally or through gross negligence.
In case of slight negligence, our liability is limited to the amount paid by the Customer for the 12 months preceding the event giving rise to the damage. Except in cases of intent or gross negligence, we are not liable for indirect damage, loss of profit, loss of data or damage caused by third-party services integrated by the Customer.
We are not liable for interruptions caused by force majeure, failures of networks or third-party providers, or cyberattacks despite customary security measures.
15. Confidentiality
The parties treat as confidential any non-public information they learn in connection with the contract. This obligation survives the end of the contract.
16. Changes to the Terms
We may change these Terms. Changes are notified to the Customer by email at least 30 days before they take effect. If the Customer does not accept them, it may terminate the contract as of that date. Otherwise, they are deemed accepted.
17. Governing law and jurisdiction
These Terms are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is Monthey (Valais, Switzerland). We may also bring proceedings at the Customer's registered office.
If any provision of these Terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by the one that comes closest to it. The French version of these Terms prevails.
Appendix: processing of data on behalf of the Customer
This appendix applies when we process personal data on behalf of the Customer (Art. 9 FADP, Art. 28 GDPR).
Subject matter and duration
Hosting, display, translation and PDF export of the Customer's Content, for the term of the contract and until the data is deleted.
Data and data subjects
Data contained in the Content (names, positions, photos, contact details, testimonials) about the Customer's employees, partners, beneficiaries or other third parties, and technical data about Readers (IP address, date, page viewed).
Our commitments
- process the data only on the Customer's documented instructions, which include the contract;
- bind every person with access to the data to confidentiality;
- implement appropriate security measures (hosting in Switzerland, encrypted connections, restricted access, backups);
- help the Customer respond to data subject requests and meet its security obligations;
- inform the Customer without undue delay of any data security breach affecting it;
- delete or return the data at the end of the contract, in accordance with section 10;
- provide the Customer, on reasonable request, with the information needed to demonstrate compliance with this appendix.
Sub-processors
The Customer authorises the use of Infomaniak Network SA (Geneva, Switzerland) for hosting, storage, backups and sending emails. We inform the Customer of any new sub-processor. The Customer may object for good cause.
Third-party services that the Customer integrates into its reports itself (analytics tool, videos, fonts, external content) are not our sub-processors. They are the Customer's sole responsibility.