General Terms and Conditions

1. Scope and Contracting Party

These General Terms and Conditions ("GTCs") govern the relationship between the customer and HELVO SA, Chem. de Mongevon 25, 1023 Crissier ("HELVO"). HELVO offers a digital platform and financial services tailored for small and medium-sized enterprises (SMEs) domiciled in Switzerland. These services are exclusively provided under these GTCs, any applicable supplementary conditions, and the privacy policy of HELVO.

By registering and using HELVO services, the customer agrees to these GTCs. The contractual relationship is established with HELVO SA. For account-related services, a separate contract is concluded with Hypothekarbank Lenzburg AG. The terms of Hypothekarbank Lenzburg AG apply accordingly and form a prerequisite for access to HELVO services.

Third-party services integrated into the HELVO platform may be subject to separate contractual terms and data usage agreements, which will be presented and require separate consent by the customer.

2. Subject Matter of the Contract and Terms of Use

The subject of the contract is the use of HELVO's digital services, including the app and web portal, which provide functionalities such as digital business account management, invoicing, payment execution, and other SME support services.

Eligibility criteria:

• Legal entity or sole proprietorship with business domicile in Switzerland;
• Registered in the Swiss Commercial Register or subject to Swiss taxation;
• Representation by individuals with full legal capacity;
• Agreement with Hypothekarbank Lenzburg AG for banking operations;
• No restrictions by compliance or legal checks (e.g., sanctions, money laundering provisions).

Use of HELVO services without maintaining an active account with Hypothekarbank Lenzburg AG is not permitted. Any relocation abroad or loss of eligibility automatically leads to termination of the service agreement. HELVO must be informed of such changes without delay.

The customer acknowledges that certain services may only be available in specific languages and accepts that system availability may be temporarily limited due to technical maintenance or external influences (e.g., force majeure, provider issues).

3. Services, Integrations, and Third-Party Providers

HELVO enables access to services such as business payments, bulk transfers, QR-bill generation, invoicing, liquidity insights, and integrations with third-party tools (e.g., accounting platforms, insurance, or financing services).

Some services are provided in cooperation with trusted partners. When third-party services are used, HELVO may transmit data in encrypted form to the provider based on explicit consent. By using these services, the customer consents to limited sharing of necessary data and releases HELVO from Swiss banking secrecy obligations solely for the scope of that integration.

Optional integrations include tools provided by tax consultants, ERP systems, or insurance firms. The customer remains responsible for reviewing and accepting the terms of those partners where applicable.

4. Data Protection, Confidentiality and Secrecy Regulations

HELVO adheres to the Federal Act on Data Protection (nFADP) and the Ordinance to the nFADP (DPO). Personal and business data are collected and processed only as required for service provision or with customer consent. Data is processed securely and may be shared with Hypothekarbank Lenzburg AG for account-related transactions.

HELVO may use anonymized or aggregated data for statistical purposes or service improvements. Personal data will only be disclosed to third parties with your express consent or based on a legal obligation.

The customer acknowledges that using digital communication channels (e.g., email) may involve security risks. HELVO disclaims liability for communication issues resulting from customer-side vulnerabilities or misuse of unencrypted communication channels.

5. Outsourcing of Services and Confidentiality

HELVO may outsource business processes (e.g., data processing, customer support, transaction logging, mailing services) to trusted third-party service providers within or outside Switzerland. All data processed by such providers are bound by contractual confidentiality and data protection agreements.

By accepting these GTCs, the customer consents to such outsourcing and the associated processing and storage of data by these third parties, including the transfer of data outside Switzerland under conditions that ensure adequate data protection.

6. Customer Profile and Marketing

HELVO may create customer profiles using enterprise data to tailor services and provide relevant offers. These profiles help HELVO understand usage behavior and develop service enhancements. Customers may receive personalized messages or service suggestions via email or in-app notifications, always with an option to opt-out from marketing communication.

HELVO shall not sell or otherwise disclose identifiable customer data to third parties for their own marketing purposes without explicit consent.

7. Processing, Recording, Sharing, Storing and Erasing Data

Customer data are stored securely and may be retained for at least 10 years in accordance with Swiss commercial and tax law. Data is regularly backed up and protected against unauthorized access through technical and organizational security measures.

The customer may request the deletion of data that are no longer required by law or contract. Any such request must be submitted in writing and is subject to legal verification. Data relevant to open investigations or legal claims may be exempt from deletion.

8. Intellectual Property

All software, designs, trademarks, and content made available by HELVO remain the property of HELVO SA or its licensors. Customers are granted a limited, non-exclusive, and non-transferable right to use the HELVO platform strictly for business-related activities and only for the term of the contractual relationship.

Any misuse, reproduction, or reverse engineering of the platform or its components is strictly prohibited.

9. Duties of the Customer and Legal Compliance

Customers are responsible for maintaining the confidentiality of access credentials, using secure and up-to-date devices, and complying with all relevant legal obligations, particularly concerning tax, anti-money laundering (AML), and data protection.

The customer is obligated to notify HELVO immediately of any suspicious activities, unauthorized access, or changes in legal or tax status. HELVO reserves the right to temporarily suspend access to services if misuse or suspicious behavior is detected.

10. Indemnification and Liability of the Customer

The customer agrees to indemnify and hold HELVO harmless from all third-party claims resulting from any misuse of the platform, breach of these GTCs, or violations of legal provisions. This includes the reimbursement of legal fees and compensation for any damages incurred by HELVO.

This indemnification applies where the customer or their representatives acted negligently, knowingly, or failed to take appropriate preventive action.

11. Liability for Defects

HELVO guarantees the functionality of its services as per the contract. If any service is defective, the customer must notify HELVO immediately in writing or through official channels provided in the app.

Liability is limited to fixing the defect within a reasonable period. Any liability beyond the rectification of defects is excluded, unless the defect was caused intentionally or due to gross negligence.

12. Limitation of Liability

HELVO shall only be liable for direct damages caused by gross negligence or wilful misconduct. Any liability for indirect, incidental, or consequential damages—such as business interruption, loss of data or profit—is excluded to the extent permitted by law.

HELVO does not assume liability for third-party providers, service interruptions due to force majeure, cyberattacks, regulatory actions, or delays caused by payment networks or partner banks.

13. Term of the Contract and Termination of Use

The contractual relationship between the customer and HELVO is concluded for an indefinite period. Either party may terminate the agreement at any time with a 30-day notice period. Termination must be communicated via the app or in writing. In the event of a termination, you will be able to indicate your account details at another Swiss bank in order to transfer any credit you may have.

Termination by HELVO or Hypothekarbank Lenzburg AG may also occur with immediate effect in the event of legal violations, risk of reputational damage, insolvency, or fraudulent activity. After termination, residual funds will be transferred to an account indicated by the customer, and access to HELVO services will be deactivated.

14. Entry into Force and Amendments

These GTCs enter into force upon acceptance by the customer. HELVO may amend the GTCs at any time. Amendments will be communicated via email or in-app notification and are considered accepted unless the customer objects within 30 calendar days.

Major changes (e.g. affecting essential obligations) will be highlighted separately, and the customer will be informed about their right to terminate the agreement without penalty in case of disagreement.

15. Fees

All applicable service fees are listed in HELVO's current pricing schedule, available on the website. Fees are subject to VAT and may be directly debited from the business account at Hypothekarbank Lenzburg AG.

In case of insufficient funds, HELVO reserves the right to suspend services. Fees resulting from extraordinary services, including manual interventions or legal proceedings, may be charged separately with prior notice to the customer.

16. Sales Compensation

HELVO may receive compensation from product and service providers integrated within the platform. These benefits form part of HELVO's compensation model and support service provision.

By accepting these GTCs, the customer waives the right to reclaim such third-party compensations under Article 400 of the Swiss Code of Obligations.

17. Notifications and Communication

All important notifications (e.g. changes to terms, service availability) will be provided via email or in-app messages. Customers are responsible for maintaining accurate contact information and ensuring that they regularly check these channels.

HELVO does not guarantee delivery of notifications to inactive, outdated, or misconfigured contact methods. Communications via unencrypted channels involve risks for which HELVO assumes no liability.

18. Saturdays Treated as Public Holidays

For all legal and contractual purposes, Saturdays are treated as public holidays. If a deadline or due date falls on a Saturday or public holiday, it is extended to the next business day.

19. Severability

If any provision of these GTCs is held to be invalid or unenforceable, the remaining provisions shall remain valid. The invalid provision will be replaced by one that most closely reflects the original economic intent in a legally permissible manner.

This applies analogously in the case of contractual gaps.

20. Applicable Law and Place of Jurisdiction

Swiss substantive law applies to all legal relationships between the customer and HELVO. The exclusive place of jurisdiction and performance shall be Lausanne, Switzerland, unless otherwise required by mandatory legal provisions.

However, HELVO reserves the right to initiate legal proceedings in the competent court of the customer's registered business address.