Terms and Conditions

1 Scope

Tourlio is software for tour planning and payroll in courier and transport businesses, operated by Tourlio Yükseldi, Brunaustrasse 181, 8951 Fahrweid. The full operator details are in the legal notice.

These terms apply between the operator and the customer. The customer is the business that opens an account — not the individual person who uses it. The offering is directed at businesses, not at consumers.

They apply from the moment trial access is opened and for the whole duration of a subscription. Terms of the customer that differ apply only where the operator has agreed to them in writing.

See the legal notice.

2 Service

The operator provides Tourlio to the customer as an application over the internet — in the browser for administration, as a web app for the drivers. What the application does is described on the features page of this website; the version actually available is the one that counts.

Included are all functions without add-on packages, access for every member of the business, software updates and support. Optional hardware, such as a GPS device for a vehicle, is not included.

The operator continues to develop the application. Functions may be added, changed or removed; the operator will not remove a function that a running month’s payroll relies on without informing the customer beforehand.

Invoices are issued by the payment provider PostFinance Checkout (PostFinance AG) on behalf of the operator. They are available at any time in the subscription area of the application.

Tourlio and all rights attached to it — copyright, source code, design — belong entirely to the operator. For the duration of the subscription the customer receives the non-exclusive and non-transferable right to use the software as intended, for its own business.

The customer is responsible for keeping the access credentials of its staff safe and protecting them from access by unauthorised third parties. Actions taken through the customer’s account are attributed to the customer.

What the application does is described under Features.

3 Trial access

Anyone who opens an account starts with free trial access. It covers the same functions as a subscription and requires no payment details.

Trial access ends with the first released monthly statement, at the latest 45 days after it was opened — whichever comes first. The application names that day before it arrives.

A trial never turns into a subscription by itself. Whoever wants to carry on orders a plan expressly; whoever orders nothing has their access locked the day after trial access ends. The subscription area, the invoices and the complete archive stay reachable, and ordering a plan opens the business again.

The customer may cancel trial access at any time. Cancellation takes effect immediately and locks the account; here too the subscription area and the archive stay reachable, and clause 6 then applies to the data.

4 Pricing and payment

The price depends on the number of drivers for whom an assignment was planned or recorded during the month. There are four plans — up to 5, up to 10, up to 15 and up to 20 drivers; larger businesses receive a quote on request. The current amounts are on the pricing page.

The monthly plan is billed monthly. The yearly plan costs ten monthly instalments and is billed twelve months in advance.

A one-off setup fee of CHF 390.– is charged in addition. It is waived with the yearly plan.

The operator is not liable for VAT; prices are exclusive of VAT and invoices show none. Should the operator become liable for VAT, the customer will be informed before the first invoice affected.

Payment is made through the payment provider using the means it offers. Invoices are due within 30 days. If a payment is not made, clause 5 applies.

If the business exceeds the driver limit of its plan, nothing is locked: the application counts the drivers of the month, shows the matching plan and proposes the change. The higher plan is only billed once the customer confirms it.

The current amounts are on the pricing page.

5 Term and cancellation

The customer may cancel the monthly plan at any time, effective at the end of the paid period. The yearly plan runs for twelve months and renews for the same duration unless it is cancelled at least 30 days before the end.

Cancellation happens in the subscription area of the application. That area names the day the cancellation takes effect; until then the subscription continues in full. Amounts already paid are not refunded. Unless the lock under the following paragraph has already taken effect, the customer can still read and download for 25 days after that day, but can no longer record anything. Cancellation does not lift the duty to pay the invoices owed; if a payment is not made, the lock under the following paragraph takes effect even before that day. The archive is not affected by this; clause 6 applies to it.

If a payment is not made, the operator sends the customer two reminders by email to the owner’s address, three and thirteen days after the invoice falls due; the second reminder names the day the lock takes effect. At the earliest seven days after the second reminder, and at the earliest 50 days after the last paid day, the customer can no longer record anything — in any case no later than 75 days after the last paid day. Reading and downloading stay possible until 75 days after the last paid day; after that they are locked too. If no second reminder was sent, access stays complete until the 75th day after the last paid day, and recording and reading end at the same time. Subscription, invoices and the archive stay reachable in every case, so the customer can lift the lock without help: once the outstanding invoice is recorded as paid by the payment service provider, the lock ends and access is restored in full.

The operator may terminate the contract for cause without notice, in particular in the case of abusive use or where an invoice remains unpaid after the lock under the preceding paragraph. The contract ends on the day the operator terminates it; the subscription is ended with the payment service provider at the same time and is not invoiced further. The operator states the reason and names the period set out in clause 6.

6 Retention and deletion

The customer is responsible for retaining their own business records, in particular under Art. 958f CO and the Swiss Ordinance on the Keeping and Retention of Business Records (GeBüV). Tourlio is a tool for producing those records, not an archive within the meaning of those provisions.

The customer can download a complete archive of their data at any time: every payslip, wage account, salary certificate and annual declaration, the export for the fiduciary and all receipt photos.

After the contract ends — the day a cancellation takes effect, the day the operator terminates the contract under clause 5, or the end of a trial that was not turned into a subscription — this archive stays available for exactly 90 days. Tourlio points this out to the customer within that period, in the application and by email to the owner’s address, 30, 7 and 1 day before it expires.

Once the 90 days have passed, Tourlio irrevocably deletes all data of the business, including personal data of its staff, receipt photos and medical certificates. Recovery is not possible afterwards. Excluded from deletion are the subscription details and the invoices, which Tourlio retains for its own accounting.

7 Data and privacy

What personal data is processed in connection with Tourlio is set out in the privacy policy. It forms part of these terms.

For the data of its staff the customer is the controller within the meaning of Swiss data protection law, and the operator is the processor. The customer ensures that it may process that data and informs its staff accordingly. The details are governed by the data processing agreement.

The data is held on servers in Switzerland. The operator does not pass it on to third parties, other than to the service providers needed to run the application — hosting, email delivery and payment processing — and where the law requires it.

The details are in the privacy policy.

Processing on the customer’s behalf is governed by the data processing agreement (DPA).

8 Availability and liability

The operator runs Tourlio with the care of a specialist business and aims for availability as uninterrupted as possible, but does not guarantee any particular percentage of availability. Maintenance is announced in the application as soon as it is foreseeable, and placed outside usual office hours where possible.

The operator backs the data up daily and keeps the backups encrypted. A restore is help in case of a fault; it does not replace the customer’s own retention under clause 6.

Tourlio calculates wages, deductions and withholding tax from the details the customer provides. The customer checks every payslip before releasing it; what it files and what it pays out to its staff remains its own responsibility towards the authorities and towards its staff.

The operator is liable for intent and gross negligence. In cases of slight negligence, liability is limited to the fees the customer paid in the twelve months before the damaging event.

There is no liability for lost profit, for indirect damage, or for loss of data where the archive under clause 6 would have prevented it. The operator is not liable for interruptions caused by force majeure, by the customer’s own network or by third-party services.

Mandatory statutory liability, in particular for personal injury, is reserved.

9 Changes to these terms

The operator may change these terms, in particular where the scope of the service, the service providers used or the legal situation change.

It gives notice of the new version at least 30 days before it takes effect — by email to the owner’s address and in the application. The version published on this page, with the date it carries, is the one that counts.

If the customer does not object before the new version takes effect, it is deemed accepted; the operator points this out in the notice. If the customer does object, the contract ends on the day the new version takes effect. For an annual subscription, the operator refunds the amount paid in advance for the months not yet used, pro rata. Clause 6 applies to the data from then on.

Price changes are notified the same way. For a monthly subscription they take effect no earlier than the first period after those 30 days, for an annual subscription no earlier than the next renewal.

10 Governing law and jurisdiction

This contractual relationship is governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is the operator’s registered office in 8951 Fahrweid. Mandatory places of jurisdiction are reserved.

If any provision of these terms is invalid, the remaining provisions stay in force. The invalid provision is replaced by what comes closest to its economic purpose.