Orarium Pro terms of sale

Orarium Pro is an online service of ILYGO Sàrl (“ILYGO”) that allows a company or organisation (the “customer”) to receive, with the consent of each person, the attendance hours of its staff members in the zones it defines. The hours are detected by the Orarium iPhone app, which is free for each staff member.

These terms govern the purchase and use of Orarium Pro licences. They are intended for business customers. Each person's use of the Orarium app and account remains governed by the rules of the Orarium service.

The company is created on the Orarium Pro platform from an Orarium account. The person who creates it (the “manager”) declares that they have the authority to bind the customer. An Orarium account can create only one company. The manager defines the zones, purchases the licences, invites staff members and views the shared hours.

A licence costs CHF 3 per month or CHF 30 per year, VAT included. The amounts stated include all taxes. ILYGO may change its prices for subsequent periods: the manager is informed by email at least 30 days in advance and may cancel before the new price takes effect.

Payment is made online, by card, on the secure page of Stripe, ILYGO's payment provider. The subscription is monthly or yearly, at the customer's choice, and payable in advance at the start of each period. The customer's full postal address is requested at payment: it appears on invoices and receipts and is changed in the billing portal.

A change in the number of licences during a period is prorated by Stripe and carried over to the next invoice. Invoices, and receipts where they are offered, are available from the manager's area.

The subscription renews automatically for a period of the same length, with the same number of licences, as long as it has not been cancelled. The amount for the new period is charged to the registered payment method.

The manager may cancel the subscription at any time in the billing portal. Cancellation takes effect at the end of the period already paid; no amount is refunded pro rata.

In the event of cancellation or non-payment, the company becomes read-only and sharing of hours stops: at the end of the period already paid for a cancellation, immediately for non-payment. After that, no hours are sent any more; hours already shared remain viewable. The manager and members are informed. To resume after sharing has stopped, the company must subscribe again and invite its members again.

A licence allows one person to be invited by email. It is occupied as soon as the invitation is sent, and freed if the invitation is cancelled, declined or expired (7 days), if the member leaves or if the manager removes them. No invitation is possible without a free licence and an active subscription.

The number of licences cannot fall below the number of licences in use. If licences are removed (reduction in the billing portal), the most recent pending invitations are cancelled first; if more members than licences remain, sharing stops immediately for the members who accepted their invitation last. They are informed, as is the manager.

No hours are shared without the explicit acceptance of the invited person. Before accepting, they see who is inviting them, for which company, in which zones, and what will be transmitted. They may leave at any time; a changed zone applies only after they have confirmed it.

The customer, represented by the manager:

• informs its staff members of the purpose of the sharing and of the use it makes of the hours received;
• obtains freely given consent: declining the invitation or leaving must not lead to any unjustified measure;
• defines zones only at workplaces, and uses the hours only for legitimate purposes;
• complies with applicable law, in particular the Federal Act on Data Protection (nFADP) and employment law. Orarium Pro does not replace an official working time recording system: the customer remains solely responsible for its legal obligations.

Accounts, zones and clock events are hosted in Switzerland and operated by ILYGO; an encrypted backup of them is kept every day by ILYGO in the European Union. The manager receives only the members' attendance hours in the company's zones, from their acceptance until the end of their membership; the manager keeps access to the hours shared during that period. The manager never receives the members' other places, movements or location.

Payment data is entrusted to Stripe, which may process it outside Switzerland. The base map of the zones is provided by swisstopo, and address search goes through an ILYGO relay to an OpenStreetMap service located outside Switzerland. Details are set out in the Orarium privacy notice. The deletion of a company and its data can be requested at info@ilygo.ch.

ILYGO provides Orarium Pro with care, without guaranteeing uninterrupted availability. The detection of hours depends on each member's iPhone (location permission, battery, network): hours may be missing or corrected by the member. Except in the case of gross negligence or intent, ILYGO's liability is limited to the amounts paid by the customer during the 12 months preceding the damage.

ILYGO may change these terms. The manager is informed by email at least 30 days before an unfavourable change takes effect and may cancel before that date.

ILYGO Sàrl, Switzerland, UID CHE-135.509.084. For any question: info@ilygo.ch. The full legal notice is available at ilygo.ch.

These terms are governed by Swiss law. Any dispute falls within the jurisdiction of the competent courts at the registered office of ILYGO Sàrl, in Switzerland.