Terms and conditions

1. Purpose

These terms and conditions govern the use of Boukii, the online booking and management software published by Boukii Sàrl, Châtel-Saint-Denis (Switzerland), UID CHE-265.722.619 (“Boukii”), by the school, club or self-employed instructor using it (“the School”).

They apply to all plans, including the free Discover plan, and to the modules and onboarding services. If an offer or a written confirmation from Boukii provides otherwise, the offer or confirmation prevails over these terms.

2. Opening the account

The School requests the opening of its account using the form on the website. Boukii checks the details and calls the School to confirm. The contract is concluded upon this confirmation. Boukii may refuse a request without giving reasons.

The person making the request declares that they are authorised to bind the School.

3. The service

Depending on the plan chosen, Boukii provides the Boukii core (planning, lessons and instructors, the Boukii eShop booking page, Boukii Teach, e-mails to customers, online and front-desk payments) and the modules chosen, as described on the Pricing page at the time of the order.

Boukii develops the software and may change its features, without removing an essential feature of the core during the subscription. A module marked “beta” is provided as is and may change or be discontinued.

4. Prices and invoicing

• Prices are monthly prices, excluding VAT: in Swiss francs in Switzerland, in euros elsewhere.
• The price depends on the number of active instructors. If the School exceeds the number provided for by its plan, it moves to the next plan and pays the difference for the rest of the current year.
• A module added during the year is invoiced for the rest of the current year; with monthly payment, it is added to the remaining monthly instalments.
• The Discover plan is free, for 2 active instructors and 100 bookings per year, with online payments through wallee. Beyond that, the School chooses a paid plan to keep taking bookings.
• When it opens, the School may try the paid plan of its choice free of charge for 14 days, with no payment method and no commitment. To continue with that plan, it orders and pays for it online before the end of the trial; the one-year subscription then begins. Without an order, the account moves to the Discover plan at the end of the trial, with its data. Boukii may extend the trial.
• Onboarding, data migration and training services are optional and invoiced once, according to the accepted offer.
• Payment is made online, on subscription and then at each due date, using one of the payment methods offered, on the order page or through a payment link sent by Boukii. The School chooses between monthly payment, at the stated price, and annual payment, in advance, with a 10% discount. In both cases, the subscription is concluded for one year. The School authorises Boukii to charge the registered payment method at each due date. Payment by invoice, payable within 30 days, is only possible by written agreement. If a payment fails and the reminder remains without effect, Boukii may suspend access to the account until payment; with monthly payment, the balance of the current year then becomes due immediately. The School’s data is kept during the suspension.
• Boukii informs the School of any price change at least 30 days before the renewal. The new price only applies from the next renewal. Until the day before that renewal, the School may cancel at no cost. If notice is not given within this period, the previous price continues to apply for the following year.

5. Term and cancellation

The subscription lasts one year and renews automatically from year to year. The School may cancel it from its panel up to 30 days before the end of the term. The current year remains due, including with monthly payment, and is not refunded.

The School may stop the Discover plan at any time.

Boukii may terminate the subscription at the end of the term with one month’s notice. Boukii may also terminate it without notice if the School does not pay after a reminder or uses Boukii unlawfully.

6. Payments from the School’s customers

The money of the School’s customers does not go through Boukii. Online and terminal payments are processed by wallee or another payment provider, with which the School concludes its own contract and whose terms and fees it accepts. Boukii takes no commission on bookings.

Boukii is not a party to the contract between the School and its payment provider, nor to the contract between the School and its customers, and is not liable for the provider’s payouts.

7. The School’s data

The data the School enters or receives in Boukii (customers, bookings, instructors, payments) belongs to it. For the personal data of its customers and instructors, the School is the controller and Boukii processes it on its behalf, solely to provide the service, in accordance with the Swiss data protection law and, where applicable, the EU General Data Protection Regulation (GDPR). The detailed rules for this processing are set out in the annex «Processing of personal data», at the end of these terms.

• Data is hosted on servers in Europe, with a nightly backup in Switzerland.
• Boukii does not sell the School’s data and does not use it for advertising.
• The people and providers with access to it on behalf of Boukii (hosting, e-mail delivery) are bound by confidentiality and equivalent obligations.
• Boukii informs the School without delay of any security breach affecting its data.
• Before the end of the subscription, the School can export its customer list and, with the Payroll module, the instructors’ statements. After the end, Boukii keeps the data for 60 days and then deletes it, except what the law requires to be kept (for example invoices).

8. The School’s obligations

• Provide accurate information and keep it up to date.
• Keep its team’s access details confidential and answer for what is done with them.
• Use Boukii lawfully, in particular for the e-mails and posts sent to its customers.
• Protect access: one personal account per person, strong passwords that are not shared, deactivate without delay the access of people who leave the School, and notify Boukii immediately of any suspicious access.
• Not access the service with robots, scripts or extraction tools, not attempt to circumvent its protections, and only connect tools provided or authorised by Boukii.
• Comply with data protection law when using data from Boukii in other tools, in particular artificial intelligence tools.
• Set its own prices, its terms of sale, cancellation and refund, and its privacy policy towards its customers.

9. Availability and support

Boukii does what is necessary for the software to be available at all times, without being able to guarantee that it works without interruption or error. Scheduled maintenance takes place, as far as possible, outside peak hours.

Support answers by e-mail at customer.care@boukii.ch and through the contact form, within 24 working hours.

10. Intellectual property

The Boukii software and its rights belong to Boukii Sàrl. For the duration of the subscription, the School receives a non-exclusive, non-transferable right of use. It is forbidden to copy, modify or decompile the software or to make it available to third parties.

The School’s texts, photos and logos remain its own. It authorises Boukii to display them on its booking pages and in its e-mails in order to provide the service.

11. Liability

11.1 Fix first. When a software defect attributable to Boukii prevents the School from using the service normally, Boukii fixes it free of charge and as quickly as possible. This fix is Boukii’s first response. The School may only claim monetary compensation for the damage that remains after the fix, within the limits of this article.

11.2 What Boukii is liable for. Within the limits of article 11.5, Boukii is liable for direct damage caused by:

• a software defect, attributable to Boukii, that prevents the School from receiving bookings or collecting payments;
• a loss of data caused by Boukii; Boukii then restores, free of charge, the data from the latest available backup;
• a calculation error of the software itself (prices, invoices, statements), excluding errors due to data or settings entered by the School;
• a data security breach resulting from Boukii’s failure to apply its own security measures.

11.3 What Boukii is not liable for. In particular, Boukii is not liable for:

• the School’s content: texts, photos, prices, offers, terms of sale and data it enters. Boukii does not check them.
• unauthorised access obtained with the credentials of the School or its team: a password that is shared, reused, lost or too simple, a device left unprotected or unlocked, access of a former staff member that the School has not deactivated, phishing of which the School or its team has been a victim;
• unauthorised connections and tools: robots, scripts, automated data extraction, interfaces or extensions not provided by Boukii, third-party tools the School connects or uses with its account, and the consequences of any attempt to circumvent the service’s protections;
• the use of artificial intelligence by the School or its team: data from Boukii entered into an artificial intelligence or automation tool, texts, translations, images, prices or decisions produced by these tools, and compliance with data protection law in that use. If Boukii offers a feature assisted by artificial intelligence, its results are suggestions that the School checks before using or publishing them;
• payment providers and banks (wallee, TWINT, cards, terminals): outages, refused or delayed payments, fees, account blocks or closures, disputes and chargebacks;
• third-party services and networks: internet, mobile networks, electricity, customers’ e-mail services (e-mails filtered as spam, wrong addresses, full mailboxes), social networks (suspended accounts, rejected posts, changes to their rules or interfaces);
• the School’s equipment: computers, phones, tablets, browsers, printers and network;
• what the School enters and sets up itself: lessons, prices, schedules, places, instructors, wages, texts, translations, images, terms of sale and cancellation, and the bookings or refunds that result from them;
• the School’s legal obligations towards its customers, its instructors and the authorities: VAT, taxes, social insurance, employment law, accounting. Boukii’s reports, statistics and statements are an aid; the School checks them;
• beta modules, provided as is, and announced interruptions for maintenance;
• a suspension due to non-payment, unlawful use or a risk to the security of the service;
• force majeure: natural disaster, fire, epidemic, war, decision of an authority, general outage of an essential supplier, large-scale cyberattack despite reasonable security measures.

11.4 Excluded damage. Subject to article 11.6, Boukii is not liable for indirect or consequential damage, in particular loss of profit, loss of bookings, customers or turnover, damage to reputation, staff costs, refunds or goodwill gestures granted by the School to its customers, and third-party claims.

11.5 Cap. For all damage in the same subscription year taken together, Boukii’s liability never exceeds the annual price of the School’s subscription for that year (core and modules, excluding one-off services). For the free Discover plan, it never exceeds CHF 228 per year.

11.6 Legal reservation. The limits in this article do not apply in the event of intent or gross negligence on the part of Boukii, nor to the extent that the law prohibits limiting liability.

11.7 Report without delay. The School reports a defect in writing as soon as it notices it, with the relevant information, and cooperates in fixing it. Boukii is not liable for the part of the damage that is aggravated because the School did not report it in time or did not export its data.

11.8 Third-party claims. The School indemnifies Boukii against third-party claims arising from its content, its data or a non-compliant use of the service, unless Boukii is at fault.

12. Changes to the terms

Boukii may change these terms. It informs the School by e-mail at least 30 days before they take effect. If the School does not agree, it may cancel its subscription as of that date.

13. Governing law and jurisdiction

These terms are governed by Swiss law. The place of jurisdiction is Fribourg (Switzerland).

Annex — Processing of personal data

This annex forms part of the general terms and conditions. It governs the processing of personal data that Boukii carries out on behalf of the School, in accordance with article 9 of the Federal Act on Data Protection (FADP) and, where applicable, article 28 of the EU General Data Protection Regulation (GDPR).

A.1 Roles, subject matter and duration. The School is the controller; Boukii is its processor. Boukii processes the data solely to provide, maintain and secure the service, for the duration of the subscription and until its deletion in accordance with article A.7.

A.2 Data subjects and data concerned. The School’s customers and lesson participants, including children; the School’s instructors and staff. The data is the data the School enters or receives in Boukii: identity, contact details, date of birth, level, bookings, attendance, assessments, notes, schedule, wages and payments, as well as technical usage data.

A.3 Responsibility of the School. The School decides what data it enters and why. It ensures that it has a legal basis for processing it, informs its customers and instructors itself, and is responsible for the lawfulness of its purposes, its data and its instructions, without prejudice to Boukii’s own obligations as a processor.

A.4 Instructions and confidentiality. Boukii processes the data in accordance with the School’s instructions, given through these terms and through the settings it makes in Boukii. An instruction that goes beyond the standard service is only carried out after agreement and may be invoiced. The persons who have access to the data on behalf of Boukii are bound by confidentiality. Boukii takes technical and organisational security measures appropriate to the risk and may change them, without reducing the level of protection required by applicable law.

A.5 Sub-processors. The School authorises Boukii to use sub-processors (in particular for hosting, maintenance, backups and sending e-mails), who are bound by equivalent data protection obligations. The up-to-date list is provided on request. Boukii informs the School of planned changes at least 30 days in advance; within this period, the School may object in writing on grounds related to data protection. Failing agreement, either party may terminate the subscription as of the date of the change, without refund of the current period. The services that the School itself connects to its account (payment provider, social networks) are not sub-processors of Boukii.

A.6 Location of the data. The data is processed mainly in Switzerland and in the European Union. A transfer to another country only takes place with the safeguards required by law.

A.7 Assistance, data breaches and end of the contract.

• The School itself handles the requests of data subjects (access, rectification, deletion, export) in Boukii. Boukii assists it, to the extent required by law, in complying with its obligations by providing the information available to it, in particular in the event of a data breach. Any assistance going beyond this, repeated or disproportionate (for example preparing an impact assessment or supporting an inspection by an authority), is invoiced at the current rate, after the School’s agreement.
• Boukii informs the School without undue delay of a security breach affecting its data. The School decides on notification to the authorities and to the data subjects.
• At the School’s choice: before the end of the subscription, it retrieves its data using Boukii’s export functions (article 7), or requests in writing that it be deleted, which Boukii then does without delay. Without instructions from the School, Boukii keeps the data for 60 days after the end, then deletes it. Backups are erased in their normal cycle. Data that the law requires Boukii to keep is reserved.

A.8 Audit. Upon written request, Boukii provides the information necessary to demonstrate compliance with this annex, in writing or by means of documents (reports, certifications, in particular those of its own providers). An on-site audit only takes place if this information is not sufficient, if it is required by an authority or if there are serious indications of a data breach attributable to Boukii. It takes place at Boukii’s premises in Switzerland, during business hours, at most once a year, with 30 days’ notice, by a person bound by secrecy, without disrupting the service or giving access to other customers’ data, at the School’s expense, including Boukii’s time at the current rate. The data centres of Boukii’s providers are not visited: their reports and certifications take the place of such a visit.

A.9 Liability. Boukii’s liability under this annex is subject to article 11 of these terms, including its cap, subject to mandatory statutory provisions. It does not limit the obligations that the law imposes on Boukii as a processor.

Contact

Boukii Sàrl
Ch. de la Cierne des Paccots 39
1619 Les Paccots
Switzerland

customer.care@boukii.ch