DRAFT — NOT YET REVIEWED BY A LAWYER. This text is a starting point prepared from how the product actually works, not legal advice, and it has not been reviewed. Do not rely on it, and remove this notice only once a qualified lawyer has reviewed and approved the wording.

3. Terms of Service

3.1 Who this agreement is between

These terms are between Franco D’Agostino, trading as “D’Agostino Production” (Kleinhüningerstrasse 205, 4057 Basel, Switzerland) — “we”, “us”, “Linyup” — and the business that creates an account — “you”, “the Customer”.

Linyup is offered to businesses only (coaches, studios, clubs and similar organisations). It is not a consumer service, and Swiss consumer-protection rules do not apply to it.

The agreement takes effect when your studio is created. By creating a studio you confirm that you are acting for a business and are authorised to bind it, and you accept these terms and the Data Processing Agreement, which forms part of them. The version in force at that moment is the one that applies, and it is recorded against your studio with the date.

Full provider details are in the Legal Notice.

3.2 The service

Linyup is a software-as-a-service application for managing an activity business: contacts, scheduling, bookings, memberships, payments, public booking pages and related features. What is included depends on the plan you are on, and plans are described on our pricing page.

We may add, change or remove features. Where a change materially reduces what your plan includes, we will tell you before it takes effect.

3.3 Your account

You are responsible for the accounts you create, for keeping credentials secure, and for what the people you invite into your account do. Tell us promptly if you believe an account has been compromised.

You must give accurate account information and keep it current. We verify the email address of the account owner; until it is verified, some functionality — including sending email to your own contacts under your studio’s name — is unavailable.

3.4 Your data and your contacts

The people you manage in Linyup are your contacts. As between you and us, you are the controller of that data and we are your processor. You decide what to collect and why, you are responsible for having a lawful basis and for informing your contacts, and you are responsible for any consent required — including guardian consent where you store data about minors.

Our processing of that data is governed by the Data Processing Agreement, which forms part of these terms.

You must not use Linyup to store special categories of personal data (such as health data) unless you have a lawful basis to do so and have told us.

3.5 Payments to you from your members

Where you accept payments from your members through Linyup, those payments are processed by Stripe under your own connected account. You contract with Stripe directly for that, you are the merchant of record for those transactions, and you are responsible for the goods and services you sell, for refunds, and for any tax arising. We are not a party to those transactions.

We charge a platform fee on payments your members make through the service. The fee depends on your plan and is a percentage of the amount charged, with no minimum and no fixed component:

Plan	Platform fee
Free	2.5%
Coach	1.5%
Studio	0.8%
Organization	0.5%

Stripe’s own processing fees are separate and are charged by Stripe under your agreement with them. If we change these rates we will give you notice under §3.12 before the change takes effect.

3.6 Fees for Linyup itself

Subscription fees, billing period and any trial are as shown when you subscribe. Fees are exclusive of VAT and other taxes unless stated. Unless stated otherwise, subscriptions renew automatically for successive periods until cancelled.

You may cancel at any time; cancellation takes effect at the end of the current billing period and we do not refund the remainder of a period already paid, except where the law requires it.

3.7 Acceptable use

You must not use Linyup to break the law, to send unsolicited bulk messages, to infringe anyone’s rights, to attempt to gain unauthorised access to the service or to other customers’ data, or to interfere with the service’s operation.

We may suspend an account that is causing harm to the service or to others. Where practical we will contact you first.

3.8 Availability

We work to keep the service as consistently available as we can, but we do not guarantee uninterrupted availability and offer no service-level agreement. Planned maintenance, security or capacity work, and events outside our control — faults in public networks, power failures, or an outage at one of the providers listed in the Data Processing Agreement — can restrict or interrupt the service temporarily.

3.9 Your content and our service

You keep all rights in the data and content you put into Linyup. You grant us only the permission needed to host and process it in order to provide the service to you.

We keep all rights in the Linyup software and brand. Nothing here transfers them to you.

3.10 Ending the agreement

You may stop using the service and delete your account at any time from within the application. Deleting a studio starts a 30-day reversible window, after which the studio and its data are permanently removed. During that window billing stops and you can cancel the deletion.

We may end this agreement on notice, or immediately where you materially breach it and do not fix the breach after being asked.

On termination, you are responsible for retrieving your data before it is deleted. See the Data Processing Agreement for how return and deletion work.

3.11 Liability

We are liable for damage caused intentionally or by gross negligence. Liability for slight and medium negligence is excluded so far as the law permits, except for damage to life, body or health.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data, and our total liability for all damage in any contract year is limited to twice the annual fee for your plan. Where you are on the free plan, that limit is twice the annual fee of the next paid plan.

3.12 Changes to these terms

We may update these terms. We will give you at least six weeks’ notice by email to the account owner before a change takes effect. If you object in writing before it takes effect, we will discuss it with you, and if we cannot agree either of us may end the agreement at that point. Continuing to use the service after the change takes effect means the new version applies.

The version in force when you created your studio is recorded against it, together with the date.

3.13 Governing law

These terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of Basel, Switzerland have exclusive jurisdiction.

3.14 Contact

hello@linyup.com