Terms for agencies and owners

Translation. In case of any discrepancy, the French version prevails. This translation will be reviewed by a native English speaker before publication.

These terms govern the use of NIVOZA by property agencies, other real-estate professionals and private owners who publish listings ("the Advertiser", "you"). They apply from their express online acceptance at sign-up. The accepted version, its date and the person who accepted it are recorded.

In brief

• During the launch, everything is free. The Base plan stays free: unlimited listings, optimised photos, requests by e-mail.
• Nothing is ever charged without your express agreement. A price is announced at least 3 months in advance, and you can always say no.
• Every listing is checked by a person. A refusal always comes with a reason and can be challenged.
• Your listings must be accurate, complete and free of discrimination. You are responsible for them.
• Our optimised photos never mislead; the original stays available. We do not use your photos to train artificial intelligence.
• The main photo of each published listing is public: Google Images, artificial intelligence services and share previews (WhatsApp, social networks) can show it. You choose it; all other photos stay private.
• Seekers' data serves only to rent or sell the property. You delete it once it is no longer needed.
• Two-factor authentication is mandatory for paying accounts.

Operator and purpose

NIVOZA publishes the Advertiser's listings after moderation and passes on to it the requests of people looking for a home ("Seekers"). NIVOZA is not a landlord, a seller or a broker, and is not a party to contracts between the Advertiser and Seekers; it receives no commission on those contracts.

Definitions

• Agency: a property management, brokerage or development company, or another professional authorised to rent out or sell the properties it publishes.
• Private owner: a person who publishes a property they own, outside any professional activity.
• Agency space: the part of the website and app where the Advertiser manages its account, users, listings, requests, plans and invoices.
• Base plan, Pro plan, Featured listing and Photos+: the plans described in the article "The plans".
• Price list: the prices in force, shown in the Agency space and on the Pricing page.

Documents that make up the contract

The contract consists of these terms, the moderation rules, the refund policy and the Price list. If two documents contradict each other, the following order applies: a written agreement signed with you, then these terms, then the moderation rules, then the Price list. Your own general terms and conditions do not apply, unless agreed in writing.

Sign-up and account

1. Sign-up takes place online, step by step. Before submitting, you see a summary and can correct each item. We confirm the sign-up by e-mail.
2. You provide accurate information: company name, UID for registered businesses, address, responsible person. Your e-mail address must be confirmed.
3. We check every new account before the first publication and may refuse an account, in particular if the identity or the right to publish cannot be verified. A refusal comes with a reason.
4. An account can have several users with roles: owner (all rights, including paid plans, users and API keys), manager (listings and requests) and read-only. You are responsible for the actions of your users and remove without delay the access of anyone who leaves your business.
5. An account with no sign-in and no active listing for 24 months is closed. We warn the account owner by e-mail 60 days before; one sign-in is enough to keep it. Invoices remain stored as the law requires.

Access security and two-factor authentication

1. Each user protects their access and does not share it. You report any suspicious access to us without delay at contact@nivoza.ch.
2. Two-factor authentication is mandatory for any account with a paid plan (Pro, Featured listing, Photos+) and to create API keys: authenticator app (TOTP) or passkey, with backup codes. Without it, paid features and API keys are blocked.
3. Changing the e-mail address, password or means of payment asks for the code again.
4. You can see the sign-in log and end all sessions from the Agency space.

The plans

The content of each plan is described in the Agency space when you choose it. We may develop the features of the plans; a paid feature you have bought is not removed during the paid period.

Free during the launch

During the launch phase, all NIVOZA features, including those of the Pro plan, are free for the Advertiser. This free use is not for a fixed period and gives no right to future free use, except for the Base plan (next article).

Introduction of paid plans

1. We may introduce prices for the Pro plan, Featured listings and Photos+. We inform you by e-mail and in the Agency space at least 3 months before they take effect, with the prices, any VAT and the payment terms.
2. Nothing is charged without your express acceptance of a paid plan, given in the Agency space by a person with the owner role, after seeing the price, the period and the terms.
3. Without acceptance, your account moves to the Base plan on the announced date: your listings stay online, only the Pro features stop.
4. The Base plan stays free. Should this ever change, the same procedure would apply: 3 months' notice and express acceptance.
5. You can close your account at any time, free of charge.

Prices, VAT and payment

1. Prices are in Swiss francs (CHF). The Price list states whether they include VAT or not. There is no sign-up fee, no fee per listing and no hidden cost.
2. As long as the operator is not registered for VAT, invoices state that the operator is not subject to VAT and no VAT is charged. From VAT registration, VAT at the legal rate (currently 8.1%) is added to prices excluding VAT, and the VAT number appears on each invoice; we inform you at least 30 days before.
3. Payment is made in advance, for each subscription period or each Featured listing, by card or TWINT through our payment provider Stripe, or by bank transfer with a Swiss QR-bill when we offer it. Card data is entered at Stripe; we neither see nor keep it.
4. Each payment gives rise to an invoice in the operator's name, available as a PDF in the Agency space. An issued invoice is never changed: an error is corrected with a credit note, then a new invoice.
5. An invoice paid by bank transfer is payable within 30 days. In case of delay we send you a reminder; if payment does not arrive within 14 days of the reminder, we may suspend the paid features. Your listings stay online in the Base plan.
6. A price change to a plan you have already subscribed to is announced at least 3 months in advance; you can cancel before it takes effect, free of charge. There is no automatic indexation of prices, for example to inflation. A price reduction applies from the next period.

Pro subscription: term and cancellation

1. The Pro subscription is monthly, with no minimum term. It renews automatically each month until cancelled. We remind you of this renewal in the Agency space and on each invoice.
2. You cancel at any time from the Agency space. Cancellation takes effect at the end of the period already paid; until then, you keep the Pro features. You can always see in the Agency space what you pay and until when.
3. After the end, the account moves to the Base plan. Photos+ ends at the same time as the Pro plan.
4. Refunds follow our refund policy.

Featured listing

1. A Featured listing starts on the chosen date, at the earliest after payment and publication of the listing, and lasts 14 days.
2. The listing is shown at the top of the matching results, with the visible label "Featured". Featuring changes neither the Radar score nor the content of the listing.
3. If the property is rented or sold, or if you withdraw the listing, the Featured listing ends without refund. If we remove the listing because it breaches these terms, no refund is due.

Photos+

1. Photos+ is an option for Pro accounts. Each image produced by Photos+ carries the matching label, for example "Virtual staging" or "Simulated night photo"; a 2D floor plan carries the label "Indicative plan, not contractual".
2. You check each image before publication and are responsible for its accuracy. The original always remains available.
3. The rules of the article "Automatic photo optimisation" also apply to Photos+.

API keys

1. A Pro account can create API keys to read its listings, create listings or read its applications. Each key has limited rights, an expiry date and can be revoked at any time. A key is shown only once.
2. You keep your keys secret and are responsible for their use. An exposed key must be revoked without delay.
3. API use is rate-limited and logged. We may revoke a key in case of abuse or security risk, and will inform you.
4. Listings sent through the API follow the same rules and the same moderation as the others.

Accurate and lawful listings

You guarantee that each listing:

1. concerns a real, available property located in Switzerland that you are authorised to rent out or sell (owner's mandate for an agency); wanted ads, furniture or service ads are not accepted;
2. is accurate and complete: net rent, service charges and other mandatory costs, or sale price, area, number of rooms, availability; no hidden costs;
3. does not mislead about the property, its condition, its price or its location (Federal Act against Unfair Competition, UCA) and complies with tenancy law;
4. contains no discrimination or exclusion based on origin, nationality, alleged race, religion, sex, sexual orientation, disability or marital status (in particular art. 261bis SCC), neither in the text nor in the images;
5. respects the rights of third parties: copyright, image rights, privacy of current tenants;
6. is published only once for the same property and is removed or marked as rented or sold no later than 3 working days after the contract is concluded.

You are responsible for the content of your listings. You indemnify us against third-party claims and the reasonable costs arising from them, unless we are at fault.

Photos: rights and licence

1. You guarantee that you hold the rights to the photos, plans, videos and texts you send, or the author's permission (for example the photographer's) for all the uses described in this article, including the public main photo, and the consent of recognisable persons.
2. You grant us, free of charge and for the duration of the listing's publication, the non-exclusive right to store them, adapt them to the portal's format (size, cropping, optimisation, any watermark), publish them on NIVOZA and its apps, flag the listing to Seekers whose Radar alert matches (e-mail with the title, place and price, without a photo), and show them in NIVOZA's promotion in connection with the listing.
3. Public main photo. The first photo of a published listing (the "main photo") is public, so that the listing can be found and shared. We publish a reduced copy of it (at most 1200 pixels wide), without metadata, in the version you have chosen (optimised or cleaned original), at a fixed address on www.nivoza.ch. Search engines (for example Google Images), artificial intelligence services that search for information or answer a user's question, and share previews (WhatsApp, social networks, messaging apps) can read it, keep a copy and show it with a link to the listing. You accept this use and grant us the right to allow it while the listing is published. The file you sent, as it is, is never public; the other photos and the originals stay private, served through temporary links.
4. You choose the main photo: it is the first in the order of your photos, and you can change this order at any time in the Agency space. It shows the property, with no recognisable person, no readable number plate, no name on a letterbox or doorbell, and no readable document. Moderation checks this before publication; otherwise, it asks you to change the order or the photo. If you change the main photo of a published listing (through the order of the photos, a deletion or switching between the optimised version and the original), the listing goes back to moderation; during this check, it is not online.
5. Removing the main photo. For a photo to stop being public, change the main photo or remove the listing. As soon as the listing is removed or refused, or your account is blocked, the public address no longer shows any photo; after a change accepted by moderation, it shows the new main photo. Because the photo stays in temporary memory (cache) for one hour at most, these changes become visible within one hour. Search engines and sharing services may keep a copy for some time after removal, under their own rules; we cannot delete it on their side, but we show you how to ask them.
6. We grant no licence on your photos to any third party. Without your written agreement, we do not use your photos or texts to train an artificial intelligence model, nor for advertising unrelated to the listing. We ask the robots that train artificial intelligence not to take the photos (the website's robots.txt file). Search engines and artificial intelligence services that read the main photo act under their own responsibility; a robot that does not respect this rule is beyond our control.
7. This right ends when the listing is removed. Backup copies are deleted at the end of their normal retention cycle.
8. If someone copies your listings or photos without the right to do so, we may ask them to stop, in your name, without being obliged to do so.
9. We may calculate overall figures from published listings (for example the number of listings or the median rent of a region) and publish them, without naming a listing or an advertiser. These figures may remain after the listing is removed.

Automatic photo optimisation and ban on misleading

1. Each photo sent is optimised automatically: size, format, straightening, light, colours, balance of sky and windows. Metadata (GPS position, device) is removed.
2. Optimisation never misleads: no defect is removed, no room is enlarged, no view is added, no furniture or object is added or removed without the label "Virtual staging" on the image.
3. The original is always kept. You can choose, photo by photo, to publish the original rather than the optimised version, and Seekers can see the original.
4. You yourself send no misleading or misleadingly edited images. An image shows the property offered, with no phone number, e-mail address or advertising. A recognisable person or a readable number plate is blurred before publication.
5. Today, optimisation takes place on our servers in Switzerland. If we ever choose an artificial intelligence provider outside Switzerland, we will inform you before the first transfer, and our privacy policy will mention it.

Moderation

1. Each listing is checked by a person before publication, according to our moderation rules. Pro accounts have priority in the queue.
2. We may refuse a listing, ask for a correction, adapt its presentation to the portal's format or remove it. We always give you the reason and the rule concerned. We have no obligation to publish.
3. You can challenge a decision within 30 days, according to the moderation rules.
4. Moderation is not an accuracy check: you remain responsible for your listings.

Seekers' requests and data protection

1. We pass on to you the viewing requests, messages and applications of Seekers. From receipt, you process this data as an independent controller under the Federal Act on Data Protection (FADP).
2. You use this data only to answer the request and for the rental or sale of the property concerned; never for advertising without the person's consent, and never to pass it on to unconcerned third parties.
3. You ask only for the information needed at the current step. NIVOZA passes on no documents; if you ask for documents, you do so outside NIVOZA and you protect them.
4. The Radar score of an application is a sorting aid. You do not reject an application on discriminatory grounds, and the decision remains yours.
5. You delete the data received as soon as it is no longer needed, and that of unsuccessful applicants no later than 3 months after the home has been let, unless the person agrees otherwise. Closed requests are deleted from NIVOZA 12 months after they are closed.
6. For your own users, we process data according to our privacy policy.

Availability of the service

We do our best to keep NIVOZA running without interruption, with no guarantee of availability or results (number of viewings, requests or contracts). We may change, suspend or stop features, in particular for maintenance or security; we announce planned interruptions in advance. If a paid feature is unavailable for more than 3 consecutive days through our fault, we grant a pro rata credit note.

Liability

1. We are liable for damage caused intentionally or through gross negligence. To the extent permitted by law, any other liability is excluded (art. 100 CO), in particular for loss of profit and indirect damage.
2. For paid plans, our liability for slight negligence, if it cannot be excluded, is limited to the amounts paid by the Advertiser in the 12 months before the damage.
3. These limits do not apply to injury to life, body or health, nor to liability that the law does not allow to be excluded, such as product liability.

Term and end of the contract

1. The contract is concluded for an indefinite period.
2. You can close your account at any time from the Agency space or by e-mail. A current subscription ends at the end of the paid period.
3. We may terminate the contract with 30 days' notice, or immediately in case of a serious breach of these terms or the law. We give you the reason. Amounts already paid for an unused period are then refunded to you, except in case of a serious breach.
4. At the end of the contract, your listings are removed and your data is deleted according to the privacy policy. Before closure, you can download your listings and invoices. Invoices are kept for 10 years, as the law requires (art. 958f CO).

Changes to the terms

We may change these terms by informing you by e-mail and in the Agency space at least 30 days before they take effect, with a summary of what changes. If you do not agree, you can cancel before that date; a subscription paid in advance is then refunded pro rata. Prices always follow the article "Introduction of paid plans" and the article "Prices, VAT and payment" (3 months' notice, express acceptance).

Transfer of the contract

We may transfer this contract, with the rights, obligations and data attached to it, to Summit & Co. Sàrl once it is entered in the commercial register, or later to a company it controls that takes over the operation of NIVOZA. You consent to this now. We inform you by e-mail at least 30 days before; you can cancel free of charge before that date. You may transfer this contract to a third party only with our written consent, which we will not refuse without good reason.

Communications

We communicate by e-mail, to the address of the account and of the users concerned, and in the Agency space. You write to us at contact@nivoza.ch. An e-mail is deemed received on the working day after it is sent.

Applicable law, jurisdiction and language

These terms are governed by Swiss law, excluding conflict-of-law rules. The exclusive place of jurisdiction is the operator's registered office. For Private owners acting as consumers, the mandatory places of jurisdiction of the Civil Procedure Code are reserved (art. 32 CPC). These terms exist in French, German, Italian and English; in case of any discrepancy, the French version prevails.