Terms
of use

1. Purpose and scope

These terms of use (the “Terms”) set out the rules for access to and use of the Travia public website and the Travia platform, a product of NETZERO SWISS AG, Brandschenkestrasse 178, 8002 Zurich (the “Provider”), which designs, publishes and markets it.

They apply to every visitor to the site and every User with access to the Platform. Commercial terms — subscribed scope, price, term, service commitments — are governed by the terms and conditions of sale and the signed offer. In case of conflict, the order of precedence is that set in section 1 of the terms and conditions of sale, where these Terms rank last.

2. Definitions

• Platform: the Travia software solution, its web and mobile interfaces, its application programming interfaces (API) and the related documentation.
• Customer: the company or entity that subscribes to the Platform and assumes responsibility for its use.
• User: any natural person authorised by the Customer to access the Platform — operator, planner, site manager, driver, technician, administrator.
• Customer Data: all data entered, imported or generated by the Customer and its Users in the Platform, including master data, assignments, proofs and activity logs.
• Organisation: the isolated logical space allocated to a Customer, within which sites, activities, roles and rights are defined.

3. Acceptance

For the public site, these Terms inform visitors of the conditions of use the Provider wishes to see respected; they create no contractual obligation for a mere visitor.

For the Platform, they are contractual: access requires that the Customer has a current subscription and that the User has accepted these Terms at first login. A User who does not accept them must refrain from accessing the Platform.

4. Access to the public site

The public site is accessible without an account. It is provided as is, without any guarantee of continuous availability: the Provider may interrupt it, change it or suspend part of it, in particular for technical, security or maintenance reasons.

The “Test a day” form sends the answers entered to the site’s server, which records them in a request register so that the Provider can reply. On the “Test a day” page, the visitor may attach the file of a day of rounds, with their explicit consent; this file is only used to prepare the diagnosis and is never published. If the server does not respond, the visitor can send the same request from their email software. The demonstration request form prepares a message in the visitor’s email software: the message is only sent if the visitor chooses to send it. The processing of this data is described in the privacy policy.

5. Accounts and credentials

Access to the Platform is personal. Sharing credentials between several people is prohibited; it undermines the traceability of actions and the security of the Organisation.

• The Customer designates the administrators of its Organisation and remains responsible for the rights they grant.
• The User chooses a strong means of authentication, keeps it confidential and does not reuse it on other services.
• Any suspected compromise of credentials must be reported without delay to contact@travia-swiss.ch and the access concerned must be revoked by the Customer.
• Actions carried out with credentials are deemed to have been carried out by their holder, unless proven otherwise.
• The Customer withdraws without delay the access of people who leave the company or change role.

6. Roles and scopes

The Platform separates scopes by organisation, site, activity, role and assignment. Each Organisation keeps its own space, rules and history, without mixing with any other structure.

The Customer configures roles according to its staff’s actual responsibilities and applies the principle of least privilege. It is responsible for periodically reviewing the rights granted, in particular those of highly privileged accounts.

7. Permitted and prohibited use

The Platform is intended for professional use, within the Customer’s transport, distribution, logistics and field service activities. The following are prohibited in particular:

• any use contrary to applicable law, public order or the rights of third parties;
• accessing, attempting to access or remaining in any part of the Platform for which the User is not authorised;
• reverse engineering, decompiling, extracting the code or copying all or part of the Platform, subject to acts mandatorily permitted by law;
• systematic extraction or substantial reuse of content, master data or interfaces, including by unagreed automated means;
• penetration testing, injection, denial of service, quota circumvention or any action likely to harm the security, integrity or availability of the service, without prior written authorisation;
• uploading unlawful content, malware or data the Customer has no right to use;
• reselling, making available or operating the Platform for the benefit of a third party not covered by the subscription, without written agreement.

8. Driver app

The app for field teams distributes assignments and instructions, then reports statuses, forms, photographs, signatures and reservations. Its use requires compliance with basic safety rules:

• no handling of the app while driving; the User acts when stationary, in safe conditions;
• compliance with traffic rules, driving and rest times and the instructions of the Customer and its principals;
• route guidance is a decision aid; it does not relieve the driver of assessing actual traffic, clearance and access conditions.

The Provider is not liable for any accident, offence or damage resulting from failure to comply with these rules or from a driving decision taken by a User, within the limits of section 16 and subject to cases where the law prohibits any exclusion, in particular gross negligence and wilful intent (Art. 100 para. 1 Swiss Code of Obligations).

9. Workers’ supervision

The Customer is solely responsible for the lawfulness of its use: it defines the purposes pursued, informs its staff, consults their representatives where applicable, limits collection to what is necessary and configures the location, history and individual indicator functions accordingly. The Provider makes available the settings needed to restrict these functions, without replacing the Customer’s own assessment.

10. Customer data and content

Customer Data remains the property of the Customer. The Provider only uses it to provide the service, ensure its security and meet its legal obligations. Producing aggregated and anonymised statistics to improve the Platform is subject to a separate contractual authorisation, which the Customer may refuse in writing without any effect on the service; it is described on the Data processing page.

The Customer warrants that it holds the necessary rights to the data it imports and ensures its accuracy. It refrains from uploading sensitive data within the meaning of the FADP or the GDPR to the Platform when such data is not necessary for the purpose pursued.

11. Availability and changes

The Provider uses reasonable means to ensure the availability of the Platform. Quantified availability commitments, maintenance windows and response times are set out on the Service levels page.

The Platform evolves continuously. The Provider may add, change or remove features. A substantial change that would significantly degrade a function covered by the subscription is announced to the Customer within a reasonable time, with the available alternatives.

12. Licence and intellectual property

Subject to payment of the fees due, the Provider grants the Customer a personal, non-exclusive, non-transferable and non-sublicensable right to use the Platform, limited to the term of the subscription, the subscribed scope and the Customer’s internal needs.

No provision transfers ownership of the Platform, its code, models, documentation, trademarks or visual identity, which remain the exclusive property of the Provider or its licensors. Suggestions and feedback from the Customer may be used freely by the Provider to improve the Platform, without consideration or claim to rights.

13. Confidentiality

Each party undertakes to keep confidential the non-public information received from the other party, to use it only to perform the contract and to limit access to people who need it. This obligation survives for two years after the end of the relationship, without prejudice to legal obligations and trade secrets protected for longer.

14. Data protection

The processing of personal data is described in the privacy policy. When the Provider processes data on behalf of the Customer within the Platform, it acts as processor, under the conditions described on the Data processing page.

15. Suspension and end of access

The Provider may suspend all or part of an access, immediately and without compensation, in the event of:

• a proven threat to the security, integrity or availability of the service;
• a serious breach of these Terms, in particular the prohibited uses;
• an order from a competent authority;
• persistent non-payment, under the conditions of the terms and conditions of sale.

Except in an emergency, suspension is preceded by a notification and, where the nature of the breach allows, a reasonable period to remedy it. The end of the subscription ends access, subject to the data return operations provided for in the terms and conditions of sale.

16. Liability

The Provider is liable for damage caused by its fault within the limits of Swiss law and the caps agreed in the contractual documents. It is not liable for indirect or consequential damage, in particular loss of business, loss of revenue, loss of customers or loss of data attributable to a failure outside its sphere of control.

Liability for gross negligence or wilful misconduct, and for injury to life, physical integrity or health, remains reserved and cannot be limited.

17. Changes to the terms

The Provider may adapt these Terms, in particular to reflect legal, technical or functional developments. A change applicable to the Platform is notified to the Customer at least sixty (60) days before it takes effect; if it significantly disadvantages the Customer, the Customer may terminate as of the effective date, in writing, within thirty (30) days of the notification, under the conditions of section 20 of the terms and conditions of sale. Without notification, the applicable version remains the one accepted at subscription. Purely editorial changes or changes favourable to the Customer take effect on publication.

18. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding conflict-of-law rules and the Vienna Convention on the International Sale of Goods. Subject to mandatory jurisdictions, the exclusive place of jurisdiction is the Provider’s registered office in Zurich (Canton of Zurich), Switzerland.

If any provision is declared void or unenforceable, the other provisions remain fully valid and the provision concerned is replaced by a valid provision whose economic effect is as close as possible.

These Terms are drafted in French. This English version is a translation provided for convenience; in case of discrepancy, only the French version prevails.