Terms of Service

1. These terms

These terms govern the use of Snowdesk, provided by Viveli (“Viveli”, “we”), whose company details are in our legal notice. They form an agreement between Viveli and the school or business that signs up (the “Customer”). Whoever accepts them on the Customer’s behalf confirms that they are authorised to bind it.

Where the Customer has signed a separate agreement or order with us, that document prevails over these terms where they differ. Our Data Processing Agreement forms part of these terms.

2. The service

Snowdesk is software for ski and snowsport schools: bookings, clients, instructors and staff, lesson assignment, payments, payroll and related tools, provided online as a subscription. The features available depend on the Customer’s plan. We develop Snowdesk continuously and may change or replace features, provided the service as a whole is not materially reduced during a paid period.

3. Accounts and access

The Customer sets up the accounts of its own staff and decides what each may see and do. The Customer is responsible for keeping sign-in details confidential, for the activity of its accounts, and for telling us without delay at info@viveli.ch if it suspects unauthorised access. We recommend two-step sign-in for every account.

4. Acceptable use

The Customer may not use Snowdesk to break the law or anyone’s rights; to send unlawful, harmful or deceptive content or unsolicited advertising; to try to reach systems or data it is not authorised to reach; to test, probe or disrupt the service without our written agreement; or to resell, sublicense or provide the service to third parties. We may suspend access, as narrowly as possible and with notice where practical, if this is needed to stop a breach of this clause or a risk to the service or to others.

5. The Customer’s data

The Customer keeps all rights to the data it enters in Snowdesk. It grants Viveli the right to process that data only to provide, secure and support the service. For personal data the Customer is the controller and Viveli its processor, on the terms of the Data Processing Agreement.

The Customer is responsible for the lawfulness of the data it enters and for informing — and, where required, obtaining the consent of — its clients and staff, including parents or guardians for children. Our handling of personal data is described in our Privacy Policy.

The Customer can export its data at any time. We keep regular backups to protect the service; they are not a substitute for the Customer keeping its own exports of records it must retain.

6. Fees and payment

Fees are those of the Customer’s plan or order. Unless agreed otherwise, they are invoiced annually in advance, payable within 30 days of the invoice, and exclusive of VAT and other taxes. Viveli charges no commission on the Customer’s bookings. We give at least 30 days’ notice of any change in price, which applies from the next billing period. Fees paid are not refunded for part of a period, except where these terms or the law provide otherwise. If an invoice remains unpaid 14 days after a reminder, we may suspend the service until it is paid.

7. Availability and support

We operate Snowdesk with care, monitor it continuously and aim for high availability, but we do not warrant that it will be uninterrupted or free of errors. We announce planned maintenance in advance where possible and schedule it outside the busiest hours of the season. If the service is materially unavailable for reasons within our control, the Customer may claim a credit of up to 5% of the fees for the affected billing period. Support is provided by email at info@viveli.ch.

8. Intellectual property

Snowdesk — its software, design and content — belongs to Viveli or its licensors. The Customer receives a non-exclusive, non-transferable right to use it for its own business for the term of the agreement. Feedback the Customer gives may be used by us freely to improve the service.

9. Confidentiality

Each party keeps confidential the other’s non-public information that it receives under this agreement, uses it only for the agreement, and protects it with at least reasonable care. This duty continues for three years after the agreement ends, and for personal data and trade secrets for as long as they remain such.

10. Liability

Each party is liable without limit for damage caused intentionally or through gross negligence, and for personal injury. For other damage, Viveli’s total liability in any contract year is limited to the fees the Customer paid for that year, and Viveli is not liable for indirect or consequential damage, lost profit, or loss of data that regular exports by the Customer would have avoided. Liability of Viveli’s auxiliaries is excluded to the extent the law allows. Nothing in these terms limits liability that cannot be limited by law.

11. Term and termination

The agreement runs for the period of the Customer’s plan and renews for the same period unless either party gives notice at least 30 days before the end of a period. Either party may terminate with immediate effect for good cause, in particular for a material breach not remedied within 14 days of written notice. After termination the Customer may export its data for 30 days; we then delete it as set out in the Data Processing Agreement.

12. Changes to these terms

We may change these terms for good reason, such as new features or changes in the law. We announce changes by email at least 30 days before they take effect. If the Customer does not accept a material change, it may terminate the agreement at the date the change takes effect; otherwise the new terms apply from that date.

13. Governing law and jurisdiction

This agreement is governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts at Viveli’s registered office have exclusive jurisdiction, subject to mandatory places of jurisdiction.

14. Final provisions

If a provision is invalid, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its purpose. The Customer may transfer the agreement only with our written consent. Notices are given in writing, and email suffices — to us at info@viveli.ch, to the Customer at the address of its account owner.