Website Terms of Use

1. About These Terms

1.1 Scope of Website Terms

These Website Terms of Use ("Website Terms") govern your access to and use of the CY.SEND website located at www.cysend.com and any related subdomains (collectively, the "Website"). These terms apply specifically to website browsing, information access, and general website functionality.

1.2 Relationship to Other Policies

These Website Terms should be read in conjunction with our other legal and operational policies. Your use of our services is also governed by the following documents:

• Service Terms: For all B2B customers purchasing or using our digital rewards services.
• Privacy Policy: Details on how we collect, process, and protect your personal data.
• Cookies Policy: Information about the use of cookies and tracking technologies on our Website.
• Cashback Club Terms: For all users participating in our SND loyalty rewards program.

1.3 Agreement to Terms

By accessing or using our Website, you agree to be bound by these Website Terms. If you do not agree to these terms, please do not use our Website.

1.4 Updates to Terms

We may update these Website Terms from time to time. We will notify users of material changes through website notices or other appropriate means. Your continued use of the Website after such changes constitutes acceptance of the updated terms.

2. Related Policies

3. Company Information

3.1 Website Operator

3.2 Business Operations

CY.TALK SWITZERLAND S.A. operates under the CY.SEND brand, providing digital rewards platform services primarily to business customers in the rewards and loyalty industry. Our information security and privacy management systems are certified under ISO/IEC 27001 and ISO/IEC 27701:2019, confirming our commitment to the highest standards of data security and privacy governance.

4. Website Access and Use

4.1 License to Use Website

Subject to these Website Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Website for informational and business purposes. This license does not include any right to download, copy, or redistribute website content except as expressly permitted.

4.2 Website Functionality

Our Website provides information about our services, allows account creation and management, and serves as a portal for accessing our digital rewards platform. The Website includes product catalogs, pricing information, support resources, and business tools.

4.3 Technical Requirements

To use our Website effectively, you need a modern web browser with JavaScript enabled, internet connectivity, and acceptance of essential cookies for website functionality.

4.4 Geographic Access

Our Website is accessible worldwide, though some features or services may be restricted in certain jurisdictions due to legal or regulatory requirements.

5. User Accounts and Registration

5.1 Account Creation

To access certain features of our Website, you may create a user account by providing accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials.

5.2 Account Eligibility

You must be at least 18 years of age to create an account. Business accounts may be created by authorized representatives of companies or organizations. We do not perform upfront age verification. However, by using the platform, you represent that you are of legal age in your jurisdiction. We reserve the right to terminate any account found to be operated by a minor. In such cases, any remaining SND balance may be forfeited to offset the administrative costs of account closure.

5.3 Account Security & Unauthorized Use

You are solely responsible for maintaining the security of your account. If you claim a purchase was "unauthorized" because your account was compromised, we will investigate; however, we are not liable for losses resulting from your failure to enable Two-Factor Authentication (2FA) or maintain password hygiene.

5.4 Account Responsibilities

You are responsible for providing accurate and current account information, maintaining the security of your account credentials, all activities that occur under your account, and promptly notifying us of any unauthorized account access.

5.5 Account Termination

We reserve the right to suspend or terminate accounts that violate these Website Terms or for other legitimate business reasons. You may close your account at any time by contacting customer support.

6. Internal Currency (SND) & Balance

6.1 SND Conversion and Finality

When you fund your account, your local currency is converted into SND. Once a payment is processed to purchase SND, the transaction is considered a completed service. SND has no cash value and cannot be withdrawn or converted back into "real world" currency. When you purchase a gift card, you are authorizing the platform to instantly debit your SND balance. If a product is delivered, the SND used is considered "spent" and non-refundable.

6.2 Currency Lock

You acknowledge that once you select a display currency for your account, it is permanent. We are not liable for fluctuations in exchange rates between your local currency and SND.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use our Website to browse information about our services and products, create and manage user accounts, access customer support resources, and conduct legitimate business activities related to our services.

7.2 Prohibited Activities

You may not use our Website to violate any applicable laws or regulations, infringe on intellectual property rights, transmit harmful, offensive, or illegal content, attempt to gain unauthorized access to our systems, interfere with website functionality or other users' access, use automated tools to scrape or harvest website content, engage in fraudulent or deceptive activities, or distribute malware, viruses, or other harmful code.

7.3 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy and take appropriate action, including account suspension, content removal, and cooperation with law enforcement.

8. Intellectual Property Rights

8.1 Website Content Ownership

All content on our Website, including text, graphics, logos, images, software, and design elements, is owned by CY.TALK SWITZERLAND S.A. or our licensors and is protected by intellectual property laws.

8.2 Trademarks

CY.SEND and related logos are trademarks of CY.TALK SWITZERLAND S.A. You may not use our trademarks without our prior written consent, except as necessary for normal website use.

8.3 Limited Use Rights

You may view, download, and print website content for personal or internal business use, provided you do not modify or alter the content, include all copyright and proprietary notices, do not use content for commercial purposes without permission, and do not redistribute content to third parties.

9. User Content and Submissions

9.1 User-Generated Content

You may submit content through various Website features, including contact forms, support requests, and account information. You retain ownership of content you create and submit.

9.2 Content Responsibilities

You are solely responsible for content you submit and must ensure it does not violate any laws or third-party rights, is accurate and not misleading, does not contain confidential information, and complies with our content standards.

9.3 Content Monitoring

We reserve the right to monitor, review, and remove user content that violates these terms or is otherwise objectionable, though we are not obligated to do so.

10. Third-Party Links and Services

10.1 External Links

Our Website may contain links to third-party websites or services. These links are provided for convenience and do not constitute endorsement of the linked sites or their content.

10.2 Third-Party Responsibility

We are not responsible for the content, privacy practices, or terms of use of third-party websites. You access third-party sites at your own risk and should review their terms and privacy policies.

10.3 Integrated Services

Our Website may integrate with third-party services for functionality such as payment processing, analytics, or customer support. Use of these integrated services may be subject to additional terms.

11. Website Availability and Maintenance

11.1 Service Availability

We strive to maintain Website availability but cannot guarantee uninterrupted access. Website availability may be affected by maintenance, updates, technical issues, or factors beyond our control.

11.2 Planned Maintenance

We may perform planned maintenance that temporarily affects Website availability. We will provide advance notice of significant maintenance when possible.

11.3 Technical Support

Technical support for Website issues is available through our customer support channels. We will make reasonable efforts to resolve technical problems promptly.

12. Disclaimers and Limitations

12.1 Website Disclaimer

Our Website is provided "as is" and "as available" without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 Limitation of Liability

To the maximum extent permitted by law, CY.TALK SWITZERLAND S.A. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website.

12.3 Maximum Liability

Our total liability for any claims arising from Website use shall not exceed the amount you have paid us in the twelve months preceding the claim, if any.

12.4 User Indemnification

You agree to indemnify and hold harmless CY.TALK SWITZERLAND S.A. from any claims, damages, or expenses arising from your use of the Website or violation of these terms.

13. Governing Law and Jurisdiction

13.1 Applicable Law

These Website Terms are governed by Swiss law, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Website Terms or Website use shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

13.3 Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt resolution through good faith negotiations.

14. Account Verification and Limits

14.1 Verification Levels

CY.SEND employs a multi-level account verification system to enhance security and comply with regulatory requirements. Verification levels may include, but are not limited to:

• Level 1: Email Verification: Basic account access.
• Level 2: Mobile Number Verification: Increased transaction limits.
• Level 3: Identity Verification: Submission of a government-issued photo ID (e.g., passport, driver's license) for higher limits.
• Level 4: Address Verification: Submission of a utility bill or bank statement to confirm physical address.
• Level 5: Payment Method Verification: Secure verification of credit card or other payment methods.

14.2 Unlocking Features and Limits

Progressing through verification levels is required to unlock higher payment and transaction limits, access certain platform features, and increase overall account security. The specific limits and features associated with each level are detailed in your account dashboard and may be updated at our discretion.

14.3 Obligation to Provide Accurate Information

You agree to provide true, accurate, and complete information during the verification process. Failure to do so may result in account suspension or termination.

15. Fraud, Abuse, and Prohibited Activities

15.1 Zero-Tolerance Policy

CY.SEND maintains a strict zero-tolerance policy for fraud, payment abuse, and any attempts to circumvent our security protocols. We reserve the absolute right to investigate, suspend, or terminate any account suspected of engaging in such activities.

15.2 Prohibited Financial Activities

• Use of stolen, fraudulent, or unauthorized payment methods.
• Engaging in "Friendly Fraud" by initiating a chargeback, payment reversal, or dispute with your bank/payment provider without first contacting our support team. If you do so, your account and all associated data will be immediately and permanently terminated, you will forfeit all rights to any digital goods previously purchased, and we reserve the right to report fraudulent chargebacks to specialized "Negative Databases" and credit agencies.
• Engaging in "carding" schemes (multiple small transactions used to test stolen credit cards) or "structuring" (breaking large payments into smaller ones to avoid detection).
• Using scripts, bots, or any automated software to complete the checkout process.
• Using high-risk IP addresses, including known VPNs, TOR nodes, or proxy servers to circumvent regional restrictions.

The following activities are strictly prohibited and will result in immediate account termination:

• Use of Stolen or Unauthorized Payment Methods: Using any credit card, bank account, or other payment method that you are not lawfully authorized to use.
• Payment Method Testing (Carding): Using our platform to test the validity of multiple credit cards or other payment methods.
• Chargeback Abuse: Initiating fraudulent or excessive chargebacks with your payment provider after receiving digital products.
• Collusion and System Manipulation: Coordinating with other users or exploiting system vulnerabilities to manipulate pricing, rewards, or transactions.

15.3 Prohibited Account Activities

• Multiple Account Abuse: Creating multiple accounts to bypass limitations.
• Account Takeover: Accessing an account that does not belong to you.
• Providing False Information: Submitting forged or inaccurate information.

15.4 Consequences of Breach

If we determine, in our sole discretion, that you have breached these terms or engaged in any prohibited activity:

• Immediate Account Termination: Your account, and any linked accounts, will be permanently terminated without notice.
• Forfeiture of All Balances: You will forfeit any and all remaining balances in your account, including any fiat currency and all accumulated SND loyalty points. No refunds or compensation will be provided.
• Reporting to Authorities: We may report the activity to law enforcement, financial institutions, and other relevant third parties.
• Legal Action: We reserve the right to take legal action to recover damages and costs incurred as a result of your fraudulent activity.

15.5 Fraudulent Payment Reports

If a payment provider (e.g., credit card company, bank) reports a transaction as fraudulent, or if a chargeback is initiated and deemed to be fraudulent, your account will be immediately and permanently terminated, and all balances will be forfeited as stipulated in section 14.4.