Terms of Service

1. General

1.1 Agreement

This Agreement sets out the Terms of Service between CY.TALK SWITZERLAND S.A. ("CY.TALK", "we", "us", "our"), registered at 7, Place du Rondeau, 1227 Carouge, Geneva, Switzerland (Geneva Commerce Registry: CH-660.0.183.985-7), and the user ("you", "your") of CY.TALK services. By subscribing to, accessing, or using any of our services, or by purchasing Customer Premise Equipment (CPE) or software from us, you agree to be bound by these Terms of Service, including any future amendments. If you do not accept these Terms, you may not use our services.

1.2 Related Services

CY.TALK SWITZERLAND S.A. also operates CY.SEND (www.cysend.com), a digital rewards and mobile top-up distribution platform. CY.SEND is governed by its own separate Service Terms and Privacy Policy. If you use CY.SEND, those documents apply to your use of that platform.

1.3 Nature of Service

CY.TALK is an internet telecommunications service provider based in Switzerland. Our services are provided on a best-efforts basis over the public internet. There are important distinctions between our services and traditional regulated telecommunications services. Our services are subject to different regulatory treatment, which may limit or otherwise affect your rights of redress before regulatory agencies. Events outside our control, including power outages, internet congestion, ISP or broadband failures, and security incidents, may affect service quality. We act in good faith to minimise disruptions.

2. Our Services

CY.TALK provides the following services, subject to availability in your country:

The availability of services and applicable rates may vary by country and may change at any time. Current rates are published on our website.

3. Account Registration and Obligations

3.1 Account Creation

To access our services, you must create a CY.TALK account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. Failure to maintain accurate information constitutes a breach of these Terms and may result in account termination.

3.2 Eligibility

You must be at least 13 years of age to use our services. By registering, you confirm that you meet this requirement. We reserve the right to refuse service to anyone at any time.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You must not share your password with any other person, except where you expressly authorise additional users under your account, in which case those users are bound by these Terms. You agree to notify us immediately of any suspected unauthorised access to your account.

3.4 Your Obligations

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:

• Use our services fraudulently or in connection with any criminal offence
• Use our services to harass, threaten, or harm any person
• Engage in auto-dialling, continuous call forwarding, telemarketing, or mass SMS campaigns without our express written consent
• Attempt to hack, disrupt, or compromise the security or functionality of our services or infrastructure
• Impersonate any person or entity
• Resell or commercially exploit our services without our prior written authorisation
• Use automated tools to scrape, download, or extract data from our platforms

4. Service-Specific Terms

4.1 International Phone Numbers

International phone number subscriptions are based on a recurring fee, due in full one week before the start of each billing cycle. After the initial 6-month minimum period, you may cancel at any time. If you cancel during an active billing cycle, the number remains valid until the end of that cycle. Numbers are permanently lost upon cancellation or payment failure and cannot be reactivated. CY.TALK cannot guarantee the continuity of any specific phone number, as numbers are originally provided by partner telecoms. If a number cannot be continued for reasons outside our control, we will offer a replacement number or a pro-rata refund for the remaining billing period.

4.2 CPE Hardware

CPE is only supported when purchased from our authorised partners, resellers, or agents. You are responsible for the physical and network security of your CPE. CPE may not be sold, transferred, or used with any other service provider. We provide a limited warranty on CPE for manufacturing defects for one (1) year from the subscription date. We do not warrant that CPE firmware or software is error-free. You may not reverse-engineer, disassemble, or attempt to derive source code from any firmware or software we supply. CPE subscriptions are automatically renewed monthly. If payment fails, the CPE will be disabled. You may reactivate within 90 days, subject to a reactivation fee. After 90 days, the CPE is permanently removed and cannot be reactivated.

4.3 Virtual Operator / IVR

Setup fees for IVR and virtual operator solutions are due upon acceptance of the quote and before development commences. The monthly recurring fee is due one week before the start of each month. Call transfer fees are charged on a pay-as-you-go basis at the applicable telephony rates. After the initial 6-month period, cancellation requires 30 days' written notice.

5. Billing and Payment

5.1 Rates and Charges

Current rates, fees, and charges are published on our website. Rates may change at any time and take effect from the date of publication. If you do not accept a rate change, you may close your account and receive a refund of any remaining balance before the new rates take effect. This right of refund expires when the new rates come into force.

5.2 Prepaid Services

Telephony and SMS services are prepaid. Your account must maintain a sufficient balance to use these services. The billing period begins on the day your account is activated, regardless of whether you use the service.

5.3 Payment Methods

We accept payment methods as listed on our website. You are responsible for ensuring your payment method remains valid. If a payment fails or is disputed, we may suspend or terminate your account and the associated services.

5.4 Refunds

Refunds are available in the specific circumstances described in these Terms (for example, upon account closure before a rate change takes effect, or for a cancelled phone number subscription with remaining billing period). Outside of these circumstances, prepaid balances are non-refundable.

5.5 Account Inactivity

If your account records no chargeable activity for a continuous period of 180 days, the Agreement will be deemed terminated by you and your service will be disconnected. Any remaining balance will be forfeited after the applicable legal retention period.

6. Availability and Quality of Service

We aim to provide our services 24 hours a day, 7 days a week. However, our services are provided on a best-efforts basis over the public internet and we cannot guarantee uninterrupted availability. We are a reseller of telecommunications services from carriers, providers, and aggregators. We are not the underlying telecommunications carrier and do not warrant the quality or reliability of the underlying network.

We may take our infrastructure offline for scheduled maintenance or emergency upgrades. For scheduled maintenance, we will provide reasonable advance notice. Emergency maintenance may be performed without notice where necessary to protect the stability, security, or availability of our infrastructure. We are not liable for service interruptions caused by maintenance events.

7. Acceptable Use

You must not use our services or CPE in any manner that is illegal, fraudulent, abusive, or that violates the rights of any third party. Prohibited uses include, but are not limited to:

• Any use that violates applicable local, national, or international law or regulation
• Transmitting content that is obscene, defamatory, threatening, or infringes third-party intellectual property rights
• Engaging in or facilitating fraud, identity theft, or phishing
• Bypassing or attempting to bypass any security measures on our platform
• Using our services to transmit unsolicited commercial communications (spam)
• Reselling our services without prior written authorisation

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you are using our services in a prohibited manner. We may report prohibited activity to relevant law enforcement authorities.

You agree to indemnify and hold CY.TALK harmless from any claims, losses, damages, or costs arising from your breach of this section.

8. Security

You are responsible for the security of your account credentials and for all activity that occurs under your account. You must take all reasonable steps to keep your password confidential and secure. If you become aware of any unauthorised use of your account or any security breach, you must notify us immediately through our contact page at www.cytalk.com/contact-us.

We may require you to change your password if we have reason to believe your account security has been compromised. We may also temporarily suspend access to your account to protect against suspected fraud or security threats.

9. Data Protection and Privacy

9.1 Privacy Statement

The collection, use, storage, and sharing of your personal data is governed by our Privacy Statement, which forms part of this Agreement. We encourage you to read it carefully. Our privacy practices comply with the Swiss Federal Act on Data Protection (nFADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

9.2 Certified Privacy Governance

CY.TALK SWITZERLAND S.A. holds certification under ISO/IEC 27701:2019 (Privacy Information Management System), ISO/IEC 27001:2022 (Information Security Management System), and ISO 9001:2015 (Quality Management System). These certifications confirm that our data protection and security controls have been independently audited and verified against internationally recognised standards. Enterprise customers and resellers may request a copy of our certification documentation for due diligence purposes through our contact page.

9.3 Call Data Records

As an internet telecommunications provider, we process call data records (CDRs) including originating number, destination number, call duration, and timestamp. These records are retained for the period required by applicable telecom regulations and are processed in accordance with our Privacy Statement.

10. Intellectual Property

All names, trademarks, logos, brands, software, firmware, documentation, and other intellectual property rights belonging to or licensed to CY.TALK remain the exclusive property of CY.TALK or its licensors at all times. We grant you a limited, revocable, non-transferable, non-exclusive licence to use our intellectual property solely for the purpose of using our services in accordance with these Terms. This licence does not permit you to copy, modify, distribute, reverse-engineer, or commercially exploit any of our intellectual property. If you infringe the intellectual property rights of any third party and CY.TALK is held liable as a result, you shall indemnify CY.TALK in full against any such claims.

11. Liability and Disclaimers

11.1 Services Provided "As Is"

Our services and CPE are provided on an "as is" basis. We make no express or implied warranties regarding satisfactory quality, fitness for a particular purpose, reliability, accuracy, security, or freedom from error, except as specifically stated in these Terms. We are not liable for service degradation caused by internet congestion, third-party network failures, CPE performance, or events outside our control.

11.2 Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed CHF 100 (one hundred Swiss Francs) in any 12-month period. This limitation applies to all claims combined, regardless of the form of action.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable Swiss law.

11.3 Exclusion of Consequential Loss

We are not liable for any indirect, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising from your use of or inability to use our services, even if we have been advised of the possibility of such damages.

11.4 Force Majeure

We are not liable for any delay, interruption, or failure to provide our services caused by events outside our reasonable control, including natural disasters, acts of government, network failures, third-party service failures, or any other force majeure event.

12. Termination

12.1 Termination by You

You may terminate this Agreement at any time by notifying us through our contact page. Upon termination, your right to use our services ceases. If your account carries a positive balance at the time of termination, you may spend that balance for a period of 180 days following your last chargeable event, after which the balance is forfeited.

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if you breach any provision of these Terms, engage in fraudulent or illegal activity, or if your account has been inactive for 180 days. We may also terminate this Agreement with reasonable notice for legitimate business reasons.

12.3 Effect of Termination

Upon termination, all licences granted to you under these Terms cease immediately. Provisions that by their nature should survive termination (including intellectual property, liability, indemnification, and governing law) will continue to apply.

13. Modifications

We reserve the right to update or modify these Terms at any time. For material changes that affect your rights, we will notify you by email or by a prominent notice on our website at least 7 days before the changes take effect. Your continued use of our services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not accept the modified Terms, you may terminate your account before the changes take effect.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Switzerland. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

Before initiating formal legal proceedings, we encourage you to contact us to seek an amicable resolution. We are committed to resolving disputes fairly and efficiently.

15. Contact Us