Website Terms of Use

1. Acceptance of Terms

Please read these Website Terms of Use ("Terms") carefully before using the CY.TALK websites, including cytalk.com and any associated subdomains ("the Website"). By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

These Terms govern your use of the Website and any content, materials, or information made available through it. They are separate from the Terms of Service, which govern the use of our telecommunications services. If you are a subscriber to our services, both documents apply to you.

2. About CY.TALK

The Website is operated by CY.TALK SWITZERLAND S.A., a company registered in Geneva, Switzerland (Geneva Commerce Registry: CH-660.0.183.985-7), with its registered office at 7, Place du Rondeau, 1227 Carouge, Geneva, Switzerland.

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 Website Terms of Use and Privacy Policy.

3. Permitted Use of the Website

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website for your own personal, non-commercial purposes, subject to these Terms. This licence does not permit you to:

• Use the Website for any public or commercial purpose without our prior written consent
• Reproduce, distribute, modify, publicly display, or create derivative works from any content on the Website
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the Website in any way that could damage, disable, overburden, or impair our infrastructure

We own the Website and all its content. The Website is protected under Swiss and international copyright, trademark, and other intellectual property laws. Any unauthorised use may violate applicable law.

4. Account Access

Certain areas of the Website require you to register for an account. When registering, you agree to provide accurate, current, and complete information and to keep it up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any suspected unauthorised use of your account or any security breach through our contact page at www.cytalk.com/contact-us.

We reserve the right to require you to change your password if we have reason to believe your account security has been compromised. Access granted under separately executed agreements between you and us supersedes the access provisions in this section.

5. Prohibited Uses

You agree not to use the Website in any way that:

• Violates any applicable local, national, or international law or regulation
• Stalks, harasses, threatens, or harms any individual
• Impersonates any person or entity, or misrepresents your affiliation with any person or entity
• Interferes with or disrupts the Website, its servers, or any connected networks
• Uses data mining, robots, scrapers, or similar automated tools to extract data from the Website
• Attempts to gain unauthorised access to any part of the Website, other accounts, or connected systems through hacking, password mining, or any other means
• Transmits any unsolicited or unauthorised advertising, promotional material, spam, or chain letters
• Uploads or transmits any content containing viruses, malware, or other harmful code

6. Intellectual Property

All content on the Website, including text, graphics, logos, images, audio clips, software, and data compilations, is the property of CY.TALK SWITZERLAND S.A. or its content suppliers and is protected by Swiss and international intellectual property laws. The CY.TALK name, logo, and all related marks are trademarks of CY.TALK SWITZERLAND S.A. You may not use any of our trademarks without our prior written consent.

You may print or download a single copy of any page on the Website for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not otherwise reproduce, distribute, or exploit any content from the Website without our express written permission.

7. User Submissions

Certain areas of the Website may allow you to submit feedback, ratings, comments, or other materials ("User Submissions"). By submitting a User Submission, you grant CY.TALK a worldwide, irrevocable, perpetual, royalty-free, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any medium or format, for any purpose.

You represent and warrant that your User Submissions are your own original work or that you have the necessary rights to submit them; that they do not infringe the intellectual property, privacy, or other rights of any third party; that they do not contain viruses, malware, or harmful code; and that they comply with all applicable laws.

We do not want to receive User Submissions that are confidential. Any User Submission you provide will be treated as non-confidential. We reserve the right to remove any User Submission at any time and for any reason, without notice. We are not responsible for any loss, theft, or damage to User Submissions.

8. Third-Party Links

The Website may contain links to third-party websites for your convenience. These links do not constitute an endorsement by CY.TALK of those websites or their content. We have no control over, and are not responsible for, the content, privacy practices, or availability of any linked third-party website. If you access a third-party website through a link on our Website, you do so entirely at your own risk and subject to that website's own terms and conditions.

9. Linking to Our Website

You may create links to the Website from other websites, provided that you comply with the following conditions. A website that links to the Website must not:

• Replicate or frame any of our content or create a browser environment around our content
• Imply that we endorse that website, its products, or its services
• Misrepresent its relationship with us
• Present false or misleading information about us, our products, or our services
• Contain content that is distasteful, offensive, controversial, or inappropriate for all audiences

We reserve the right to withdraw linking permission at any time. If you wish to link to our Website in a manner not covered by these Terms, please contact us for written authorisation.

10. Privacy and Cookies

Your use of the Website is also governed by our Privacy Statement and our Cookies Policy, both of which are incorporated into these Terms by reference. We encourage you to read them carefully. Our privacy practices comply with the Swiss Federal Act on Data Protection (nFADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Our privacy governance is certified under ISO/IEC 27701:2019.

11. Disclaimers

The Website and all content and materials available through it are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Website will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Website or the servers that make it available are free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Website. Information on the Website may refer to products, programmes, or services that are not available in your country.

12. Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with your use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed CHF 100 (one hundred Swiss Francs).

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 the Website, even if we have been advised of the possibility of such damages.

Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

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.

13. Indemnification

You agree to indemnify, defend, and hold harmless CY.TALK SWITZERLAND S.A. and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to your use of the Website, your User Submissions, or your breach of these Terms. We reserve the right to assume exclusive control of the defence of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defence.

14. Website Changes and Termination

We reserve the right to modify, suspend, or discontinue the Website, or any part of it, at any time and without notice. We may also update, add, or remove content, features, or functionality at any time. We make no commitment to keep the Website or any content current. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Website.

We may terminate, suspend, or restrict your access to the Website at any time and without notice if you breach these Terms. Upon termination, your right to use the Website ceases immediately. You must destroy any downloaded or printed materials from the Website upon termination.

15. Electronic Communications

When you visit the Website or send us communications electronically, you are communicating with us electronically. We may respond to you by email or by posting notices on the Website. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland. If you are a consumer resident in the EU, you may also have the right to bring proceedings in the courts of your country of residence.

These Terms, together with any additional terms applicable to specific areas of the Website, constitute the entire agreement between you and us with respect to your use of the Website and supersede all prior agreements and understandings on the same subject matter.

17. Contact Us