Cyclem Platform Terms and Conditions of Use

Cyclem SA

Last updated: 01.01.2026

This document has been automatically translated.

The original French version is authoritative.

1. PREAMBLE

These General Terms and Conditions of Use (“GTC”) govern access to the Cyclem.ch platform, operated byCyclem SA, a public limited company registered in the Swiss commercial register under numberCHE‑229.118.675whose registered office is located19 rue des Caroubiers, 1227 Carouge, Switzerland.

The Cyclem platform connects users for the purpose of buying and selling fashion products, including clothing, shoes, accessories, and cosmetics. Cyclem's objective is to facilitate secure transactions between users through a centralized technical interface.

By accessing the Platform, creating an account, browsing the site or making a transaction, the User acknowledges having read, understood and accepted without reservation all of these Terms and Conditions, as well as any policy or appendix that may be related thereto (including the Privacy Policy and the Terms and Conditions specific to the Swiss Relay service).

These Terms of Use constitute a legally binding agreement between the User and Cyclem SA. If the User disagrees with all or part of these Terms, they are advised not to use the Platform.

2. REGISTRATION AND USE OF THE PLATFORM

2.1 Access to the Platform

Use of the Platform is open to any natural person with legal capacity under Swiss law.
The application can be downloaded from the age of 4 on certain platforms (e.g., Apple Store), a minor User can access the Platform provided they have obtained theprior and verifiable consent of his/her legal representative.

2.2 Authorized Vendors

The Platform is primarily designed fortransactions between individuals (C2C).
The registration ofprofessional sellersis not prohibited. However, it does not conferno particular legal or tax statusnor any differential treatment. Professionals using the Platform do sounder their sole responsibility, while respecting their legal and tax obligations.
Cyclem reserves the right to adapt the conditions applicable to these accounts at any time.

2.3 Account Creation

To access the Platform, the User must create a personal account, providing the following information:

  • First name and last name,
  • date of birth,
  • valid phone number,
  • e-mail address,
  • Secure password.

Each User agrees to provide accurate, complete, and up-to-date information. They may not createonly one account.
User IDs are strictly personal. The User is responsible for maintaining their confidentiality and for all activity carried out from their account, unless there is proof of hacking beyond their control.

2.4 Specific conditions for withdrawing funds

Upon completion of the first sale, the User acting as Seller must comply with the identification and verification procedures required by the payment service provider Payrexx AG, including:

  • PROVISION OF A PERSONAL IBAN,
  • POSTAL ADDRESS VERIFICATION,
  • TRANSMISSION OF A VALID OFFICIAL IDENTITY DOCUMENT,
  • FACIAL VERIFICATION (PHOTO OR VIDEO)
  • AML, PEP AND SANCTIONS REGULATORY CONTROLS.

These checks are carried out exclusively by Payrexx AG, in its capacity as a payment provider subject to its own legal and regulatory obligations.

Cyclem SA does not intervene in the collection, analysis, or validation of this data, and cannot be held responsible for any refusal, delay, or blockage resulting from a compliance procedure carried out by Payrexx AG.

2.5 User Responsibility

The User is solely responsible:

  • regarding the use of his account,
  • information published in its advertisements,
  • of its interactions with other Users,
  • compliance with applicable law, particularly in tax, customs, or consumer protection matters.

2.6 Suspension or restriction of access

CYCLEM MAY, AT ITS DISCRETION, TEMPORARILY OR PERMANENTLY LIMIT ACCESS TO AN ACCOUNT IN THE EVENT OF:

  • SUSPICION OF FRAUD OR ILLICIT ACTIVITY,
  • NON-COMPLIANCE WITH THE TERMS OF SERVICE
  • FAILURE TO COMPLY WITH A MANDATORY VERIFICATION,
  • OR ANY USE DEEMED ABUSIVE OF THE PLATFORM.

3. AUTHORIZED PRODUCTS AND USER CONTENT

3.1 Types of authorized products

The Platform allows the sale and purchase ofproducts relating exclusively to the world of fashionincluding, but not limited to:

  • Clothing (new, second-hand or never worn),
  • Shoes,
  • Bags, leather goods accessories,
  • Costume jewelry and watches,
  • Eyeglasses and other textile or clothing accessories,
  • Cosmetic products (skincare, makeup, perfumes).

The products can benew, used or never wornprovided that they are described accurately and not misleadingly.

3.2 Prohibited Products

It is strictly forbidden to offer any item for sale:

  • illegalwith regard to Swiss law (weapons, drugs, illicit content, protected species, etc.),
  • not related to the field of fashion(e.g., electronics, furniture, telephones, household appliances, food, etc.),
  • or likely toharm the image or securityof the Platform or its Users.

CYCLEM RESERVES THE RIGHT TOYOU CAN ADD TO THIS LIST AT ANY TIME.

3.3 No restrictions on the condition of the products

The items offered for sale may beNew, used, or never wornprovided that their actual condition is stated truthfully and that their description is not misleading or deceitful.

3.4 Ad Content and Moderation

Users are responsible for the content of their listings (title, description, photos, price). They agree to:

  • to publish accurate, truthful and non-false information,
  • use exclusivelyactual photos of the itemnot generated by artificial intelligence, and not infringing on the rights of third parties,
  • Do not publish content that is offensive, discriminatory, defamatory or sexually explicit.

Cyclem implements:

  • andautomatic moderation systembased on image and metadata analysis to detect potential anomalies or violations,
  • andcommunity reporting mechanismallowing any User to report suspicious or illegal content.

CYCLEM DOES NOT GUARANTEE THE CONFORMITY OF PUBLISHED ARTICLES, EVEN IF AN AUTOMATED CHECK OR REPORT HAS TAKEN PLACE.
Cyclem reserves the right, at its sole discretion, totemporarily or permanently disable all adsnon-compliant or in breach of these Terms and Conditions, without compensation.

4. SALES, ORDERING AND CONTRACT BETWEEN USERS

4.1 Ordering process and contract conclusion

When a Buyer makes payment for an item via the Platform, a firm and final sales contract is concluded directly between the Buyer and the Seller, to the express exclusion of Cyclem SA.

Cyclem acts solely as a technical service provider, making available a digital infrastructure enabling Users to connect and integrating the payment service provided by Payrexx AG.

4.2 Fund Management

The payment made by the Buyer is processed by Payrexx AG, which collects the funds in its own name and holds them on apersonal virtual merchant account opened in the Seller's nameThe corresponding balance is visible at all times in the Platform's user interface, or the Seller can initiate a fund withdrawal request at any time.

Cyclem SA does not hold the funds at any time, nor does it keep them in its accounts.

The funds remain held by Payrexx AG until the transaction is validated according to the terms defined in article 4.3.

4.3 Status of the transaction and legal effects

➤ Transaction pending (payment made, item not yet received)

In the normal course of a transaction:

  • The Buyer has finalized the payment.
  • The Seller is informed of the order,
  • IT HAS AMAXIMUM DELAY OF 5 DAYS TO SHIP THE PACKAGE.

Once the package has been shipped, the transaction remains pending until the Buyer confirms receipt.

➤ Transaction validated (receipt confirmed)

The transaction is considered "validated" when:

  • The Buyer clicks on the confirmation of receipt button,
  • IF NO REPORT IS MADE WITHIN 24 HOURS OF DELIVERY, THE TRANSACTION IS AUTOMATICALLY CONSIDERED VALIDATED.

In this case :

  • The funds are credited to the Seller's Payrexx merchant account.
  • The corresponding balance becomes visible in the Platform's user interface.

The Seller may, at any time, initiate a withdrawal request from the transaction screen on the Platform.
Withdrawal processing is handled exclusively by Payrexx AG and may take up to an indicative timeframe ofeight (8) working days or more, without Cyclem SA being able to guarantee a precise delivery time.

PAYREXX AG ONLY PROCESSES WITHDRAWALS OF AT LEAST 5 FRANCS.

The funds can also be used as a means of payment to purchase items on the Platform.

🔸 Exceptional cases:
  • If the Seller does not ship the package within the allotted time :
    • The Buyer isrefunded(price + delivery costs) (buyer protection fees not refundable)
    • The Seller may beautomatically sanctioned, in particular by adding a negative review or restricting their account.
  • If the Buyer does not collect a parcel from a collection point (via Swiss Relay) :
    • THE PACKAGE IS RETURNED TO THE SWISS RELAY DEPOT;
    • THE BUYER PERMANENTLY LOSES THEIR RIGHT OF RETURN
    • THE PACKAGE IS KEPT FOR A MAXIMUM OF ONE (1) MONTH
    • DURING THIS PERIOD, THE USER MAY REQUEST A NEW DELIVERY UPON PAYMENT OF THE CORRESPONDING FEES.
    • AFTER THIS ONE MONTH PERIOD, THE PACKAGE IS PERMANENTLY UNRECOVERABLE AND NO FURTHER REQUEST FOR RETURN WILL BE ACCEPTED.
  • If the Seller delays or cancels the shipment :
    • In case of delay, the Seller may propose a new date via messaging.
    • In case of cancellation (item unavailable), the full amount isrefunded to the Buyer.

➤ Transaction returned

The Buyer has aright of return, exercised within a strict timeframe of24 hoursfollowing validation of receipt.

The return is:

  • carried out exclusively via La Poste,
  • entirely at the Buyer's expense,

The refund has been processed:

  • excluding delivery charges,
  • excluding buyer protection fees,

The return request does not automatically suspend the transaction: the refund is only issued after the Seller confirms receipt of the returned package.

🔸 Exceptional cases:
  • THE BUYER FAILS TO SHIP THE RETURN WITHIN THE TIME DEADLINE:
    • TRANSACTION COMPLETELY VALIDATED.
    • NO REFUND DUE.
  • If the Buyer uses a non-compliant return method:
    • The seller may refuse the return.
    • No refund due.
  • The return package is lost or stolen by the postal service:
    • Cyclem is not responsible for postal losses.
    • The buyer is refunded the amount of the item
    • The seller is compensated according to the decision of the Post Office.

4.4 Fees, commissions and buyer protection

  • Cyclem applies aSeller's commission, depending on the transaction amount. The applicable fee schedule is accessible at any time in the help section or via the account settings.

CYCLEM RESERVES THE RIGHT TOMODIFY YOUR FEES OR RATES,SUBJECT TO INFORMING USERS VIA THE PLATFORM WITH REASONABLE NOTICE.

4.5 Order confirmation and proof of transaction

A confirmation is sent by email and/or via in-app notificationto the Buyer at each key stage (order, shipment, receipt, return).
Cyclem retains all information relating to orders, payments and any refunds in compliance with legal obligations.

5. DELIVERY, SHIPPING AND RETURNS

5.1 Available delivery methods

The Seller may, at the time of publication of the item, decide which delivery methods to offerThe available delivery methods are Swiss Relay (delivery to a collection point), La Poste and/or hand delivery.

The Buyer will be able to choose between the delivery methods selected for the item in question.

Of the Specific terms of use for the Swiss Relay serviceare available in the appendix to these Terms and Conditions.

5.2 Operation of the Swiss Relay service

When the Buyer chooses delivery via Swiss Relay, the process is as follows:

  • The Seller selects, from a list provided, theCyclem relay pointin which he wishesdrop off your package,
  • A shipping label(prepaid shipping label) is automatically generated by the Platform, to be affixed to the package.
  • Swiss Relay takes care of theparcel collectionfrom the Seller's collection point, then the transfer to thecollection point selected by the Buyer.

Parcel tracking is available in the User's personal account. Delivery times are indicative and may vary depending on the location of the collection points and the collection days of the Swiss Relay pickups.

The Swiss Relay service is not available for returns. Any attempt to return via Swiss Relay will be considered a non-compliant return method as defined in article 4.3

5.3 Liability related to shipping

The Seller is responsible for the correct and timely shipment of the item sold. They must comply with the packaging, weight, and size guidelines mentioned on the Platform.

CYCLEM DISCLAIMS ALL LIABILITY IN CASE OF:

  • OF POORLY PACKED, NON-CONFORMING OR UNSCANNED PACKAGES
  • DEPOSIT OUTSIDE THE AGREED DEADLINES,
  • OR AN ERROR IN LABELING OR SELECTION OF THE PICKUP POINT.

Cyclem reserves the right to charge additional fees or suspend the Seller's listing or account in case of abuse or repeated non-compliance with procedures.

5.4 Delivery charges

The delivery costs arefixed by Cyclemand displayed transparently to the Buyer at the time of ordering.
These fees areentirely at the Buyer's expenseunless otherwise stated.

5.5 Hand delivery

WHEN THIS METHOD IS OFFERED BY THE SELLER, THE APPOINTMENT ARRANGEMENT-YOU AND THE PHYSICAL DELIVERY OF THE PACKAGE ARE RESPONSIBLEUSERS ARE SOLELY RESPONSIBLE CONCERNED.

CYCLEM DOES NOT INTERVENE IN THE COORDINATION, MONITORING, OR DISPUTES RELATING TO A HAND DELIVERY.

6. FEES, COMMISSIONS AND FINANCIAL TERMS

6.1 Commissions charged by Cyclem

Cyclem takes a samplecommission on each sale, calculated according to a progressive scale based on the price of the item.

The exact amount of this commission is indicated in aprice listaccessible from the Platform.
CYCLEM RESERVES THE RIGHT TO MODIFY AT ANY TIME THE AMOUNT OF COMMISSIONS OR THEIR CALCULATION METHOD, WITHOUT PRIOR NOTICE. ANY MODIFICATION APPLIES ONLY TO TRANSACTIONS CONCLUDED AFTER THEY HAVE BEEN PUBLISHED ONLINE.

The commissions areautomatically deductedof the amount credited to the seller's account once the transaction is validated.

6.2 Buyer Protection Fees

Of the buyer protection fees fixed by Cyclemand displayed transparently to the Buyer at the time of ordering are paid by the Buyer. These fees cover, in particular:

  • the temporary securing of fundsvia an intermediate escrow account,
  • andrefund to the Buyerin case the seller does not ship the item.
  • andcompensatory payment to the Sellerif the sale is cancelled for a reason beyond its control (e.g., package lost by the carrier).

CYCLEM DOES NOT OFFER MEDIATION OR DISPUTE RESOLUTION SERVICES BETWEEN USERS. INDEED, AS A TECHNICAL INTERMEDIARY, CYCLEM CANNOT VERIFY THE AUTHENTICITY OF THE CLAIMS MADE, OR THE INTEGRITY OF THE PARTIES INVOLVED.
IT IS PRECISELY FOR THIS REASON THAT THE PLATFORM PROVIDES A SYSTEMATIC RIGHT OF RETURN, ALLOWING THE BUYER, IN CASE OF DOUBT OR DISSATISFACTION, TO RETURN THE ITEM BY MAIL AND OBTAIN A REFUND, SUBJECT TO COMPLIANCE WITH THE DEFINED CONDITIONS.

6.3 Nature of the supporting document provided

A transaction receipt is made available to the Buyer and the Seller at the end of each order.
THIS DOCUMENT CONSTITUTES AINFORMATION RECORD MORE HAS NO TAX VALUE OR ACCOUNTANT, PARTICULARLY FOR DEDUCTION, VAT OR PROFESSIONAL INVOICING NEEDS.

6.4 Payment Methods

Payments are made via thepayment methods offered by the Platformat the time of ordering. Cyclem may add, suspend or remove certain payment methods at any time.

6.5 Availability of funds for Sellers

The balance corresponding to the Seller's valid sales is visible at all times in the Platform's user interface.

The Seller may, at any time, initiate a request to withdraw funds in the Platform's user interface.
Withdrawal processing is handled exclusively by Payrexx AG and may take up to an indicative timeframe ofeight (8) working days or more, without Cyclem SA being able to guarantee a precise delivery time.

PAYREXX AG ONLY PROCESSES WITHDRAWALS OF AT LEAST 5 FRANCS.

The funds can also be used as a means of payment to purchase items on the Platform.

6.6 Preventive blocking of payments

PAYREXX AG RESERVES THE RIGHT TO TEMPORARILY BLOCK ACCESS TO FUNDS OR SUSPEND A WITHDRAWAL IN THE FOLLOWING CASES:

  • SUSPECTION OF FRAUD OR MONEY LAUNDERING,
  • INCOMPLETE AML OR KYC PROCEDURE
  • LEGAL OBLIGATION OR INJUNCTION FROM A COMPETENT AUTHORITY.

CYCLEM SA MAY, FOR ITS PART, RESTRICT ACCESS TO CERTAIN PLATFORM FEATURES, WITHOUT EVER INTERVENING IN THE FUNDS HELD BY PAYREXX AG.

6.7 Retention of financial data

Payrexx AG is responsible for the retention of financial and transactional data in accordance with applicable anti-money laundering legislation.

Cyclem SA only retains the data necessary for the technical operation of the Platform and its own legal obligations.

7. CYCLEM'S LIABILITY AND WARRANTY LIMITATIONS

7.1 Role of Cyclem

Cyclem acts exclusively as a technical service provider for connecting and hosting the Platform.

CYCLEM DOES NOT PROVIDE ANY FINANCIAL, PAYMENT, ELECTRONIC MONEY, CUSTODY OR MONEY TRANSFER SERVICES.


As a marketplace, Cyclem is notnot party to the sales contractwhich binds a Buyer to a Seller. Cyclem cannot be held responsible for the proper execution or non-execution of the contract concluded between these two parties.

7.2 Content Control

Cyclem implements systems ofautomatic moderation(image analysis and metadata) as well as acommunity reporting mechanism.

However, Cyclemdoes not guaranteethat all content published on the Platform is compliant, lawful, accurate or up-to-date.
Cyclem has no general obligation to monitor or manually verify advertisements or exchanges.

7.3 Limitation of Liability

SUBJECT TO THE MANDATORY WARRANTIES PROVIDED BY LAW, CYCLEM'S LIABILITY IS EXPRESSLY LIMITED TO THE FOLLOWING CASES:

  • A SERIOUS MALFUNCTION OF THE PLATFORM DIRECTLY ATTRIBUTABLE TO CYCLEM,
  • FAILURE TO COMPLY WITH ITS REGULATORY OBLIGATIONS,
  • FAILURE TO COMPLY WITH ITS LEGAL OBLIGATIONS REGARDING DATA PROTECTION.

EXCEPT IN THESE CASES, CYCLEM CANNOT BE HELD LIABLE IN PARTICULAR:

  • INACCURACIES IN THE ADVERTISEMENTS
  • DELIVERY DELAYS OR DEFECTS,
  • DAMAGE CAUSED BY AN ITEM SOLD,
  • REGARDING ANY DISPUTE BETWEEN USERS,
  • FROM ANY LOSS OF OPPORTUNITY, DATA, BUSINESS, INCOME OR REPUTATION.

7.4 Access to the Platform

CYCLEM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE PLATFORM, WHICH MAY BE TEMPORARILY SUSPENDED FOR MAINTENANCE, UPDATE OR TECHNICAL MALFUNCTION.

CYCLEM CANNOT BE HELD RESPONSIBLE FOR SERVICE INTERRUPTIONS, NOR FOR THE CONSEQUENCES THAT MAY RESULT FOR USERS.

7.5 Force majeure

Cyclem cannot be held responsible in the event of an occurrence offorce majeure event, as defined by Swiss case law. This includes, in particular:

  • natural disasters,
  • fires,
  • general infrastructure outages (internet, electricity, third-party services),
  • internal or external strikes,
  • armed conflicts, acts of terrorism, administrative decisions.

7.6 User Responsibility

Each User issolely responsible :

  • information that he publishes on the Platform,
  • of his communications with other Users,
  • of his tax or customs declarations,
  • and, more generally, compliance with the laws applicable to its activities on the Platform.

Cyclem reserves the right to suspend or delete any content or account in the event of misconduct, abuse or illegal behavior.

8. INTELLECTUAL PROPERTY AND USER CONTENT

8.1 Cyclem's Intellectual Property Rights

All elements appearing on the Platform, including but not limited to:

  • texts, images, logos, illustrations, graphic charter, videos, databases, software, sounds and functionalities,
  • the brandCyclem, as well as any other distinctive signs used on the Platform,

are theexclusive property of Cyclem SAor its partners and are protected by Swiss and international intellectual property law.

Any reproduction, representation, modification, distribution, extraction, reuse or exploitation, in whole or in part, without prior written authorization from Cyclem is strictly prohibited.

8.2 License on User-Published Content

BY PUBLISHING CONTENT ON THE PLATFORM (INCLUDING ANNOUNCEMENTS, PHOTOGRAPHS, DESCRIPTIONS, REVIEWS, COMMENTS OR ANY OTHER ELEMENT), THE USER:

  • DECLARE TO BEHOLDER OF THE NECESSARY RIGHTS UPON PUBLICATION OF SAID CONTENT (INCLUDING IMAGE AND COPYRIGHTS),
  • GUARANTEES THAT THIS CONTENT DOES NOT CONTAINNO AFFECTED NOR TO THE RIGHTS OF THIRD PARTIES OR TO THE LAW,
  • AND AGREEMENTS TO CYCLEM,FREE OF CHARGE, NON-EXCLUSIVE AND WORLDWIDE,A LICENSE ALLOWING:
    • HOSTING, REPRODUCTION, MODIFICATION (FOR TECHNICAL OR DISPLAY REASONS),
    • THE TRANSLATION, ADAPTATION, EXPLOITATION AND DISTRIBUTION OF THIS CONTENT AS PART OF THE OPERATION AND PROMOTION OF THE PLATFORM.

THIS LICENSE IS GRANTED FOR THE ENTIRE DURATION OF THE CONTENT'S ONLINE LIFE, AND FOR A REASONABLE PERIOD AFTER ITS REMOVAL, WITHIN THE LIMITS OF THE PLATFORM'S TECHNICAL OPERATION AND APPLICABLE LAW.

8.3 Content Moderation

Cyclem reserves the right,at his sole discretionto moderate, hide, or delete any content posted by a User who:

  • violates these Terms of Service
  • contravenes any applicable law or regulation
  • infringes on the rights of third parties
  • or harms the image or proper functioning of the Platform.

THIS DELETION MAY TAKE PLACEWITHOUT NOTICEAND WITHOUT THE USER BEING ABLE TO CLAIM ANY COMPENSATION OR JUSTIFICATION.

9. PERSONAL DATA AND CONFIDENTIALITY

9.1 Applicable Policy

Cyclem processes Users' personal data in accordance with theapplicable Swiss legislationin matters of data protection (in particular the Federal Act on Data Protection – FADP), as well as the principles defined in itsPrivacy Policyaccessible on the Platform.

This policy is regularly updated to reflect legal, technical, or functional changes. It specifies:

  • the categories of data collected,
  • the purposes of processing,
  • the legal bases used,
  • shelf life,
  • User rights and the procedures for exercising them.

9.2 Data collected

Cyclem collects, during registration and use of the Platform, the following information:

  • identification data (surname, first name, email address, telephone number, date of birth),
  • connection and browsing data,
  • data related to transactions (purchase history, amount, IBAN, supporting documents),
  • verification data (identity, address,FACIAL CHECK),
  • moderation or reporting data,
  • any other data voluntarily transmitted by the User.

Some data is required to access certain features, particularly for withdrawing funds or publishing articles.

9.3 Purposes of the processing

Personal data is processed for the following purposes:

  • User account management,
  • execution of services related to transactions (sale, purchase, withdrawal),
  • complaints management,
  • Fraud detection, AML verification, regulatory compliance,
  • improving the user experience and the functionality of the Platform,
  • communication of important information (security, updates to the Terms and Conditions, etc.).

9.4 Access, security and sharing

The data is accessible only by authorized Cyclem employees and service providers, in strict compliance with their missions.

Cyclem implementsappropriate technical and organizational measuresto protect data against unauthorized access, loss, alteration, or unwanted disclosure.

CYCLEM MAY BE REQUIRED TO SHARE CERTAIN DATA WITH:

  • PAYMENT AND IDENTITY VERIFICATION PROVIDERS,
  • TECHNICAL SUBCONTRACTORS (HOSTING, CUSTOMER SUPPORT, ETC.),
  • COMPETENT AUTHORITIES, IN CASES PROVIDED FOR BY LAW (EX. INVESTIGATIONS, AML OBLIGATIONS).

9.5 User Rights

In accordance with the LPD, every User has the following rights:

  • right of access to one's data,
  • right of rectification in case of error or inaccuracy,
  • right to erasure (subject to legal obligations to retain data),
  • right to limit or object to processing,

These rights can be exercised.via the Platform interfaceor by contacting the following address:contact@cyclem.ch.

10. DURATION, SUSPENSION AND TERMINATION

10.1 Duration of application

These General Terms of Use apply from the creation of a User account on the Platform and remain in force as long as the account remains active or as long as the User continues to use the Platform, even on an occasional basis.

10.2 Account Suspension or Limitation

CYCLEM RESERVES THE RIGHT TO TEMPORARILY SUSPEND OR RESTRICT ACCESS TO ALL OR PART OF A USER ACCOUNT'S FEATURES, WITH OR WITHOUT PRIOR NOTICE, IN THE EVENT OF:

  • ALLEGED VIOLATION OF THESE TERMS AND CONDITIONS,
  • FRAUDULENT BEHAVIOR OR ATTEMPTED FRAUD,
  • FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS,
  • REPORTS REPEATED BY OTHER USERS,
  • MISUSE OR MISUSE OF THE PLATFORM,
  • AML VERIFICATION PROCEDURE IN PROGRESS.

SUSPENSION CAN BE PARTIAL (EX. PROHIBITED FROM PUBLISHING NEW ARTICLES OR WITHDRAWING FUNDS) OR TOTAL (COMPLETE DEACTIVATION OF THE ACCOUNT).

10.3 Termination by the User

The User can delete their account at any timedirectly from the Platform's application or web interface.
Deleting the account is permanent and entails:

  • the loss of access to transaction history and associated content,
  • the termination of all account-related features.

Some data may be retainedtemporarilyafter deletion, to meet legal or regulatory obligations, particularly in the fight against money laundering (AML) and the retention of transaction data.

10.4 Termination by Cyclem

CYCLEM MAY UNILATERALLY AND PERMANENTLY TERMINATE A USER ACCOUNT WITHOUT NOTICE, PARTICULARLY IN THE FOLLOWING CASES:

  • SERIOUS OR REPEATED VIOLATION OF THESE TERMS AND CONDITIONS,
  • ILLICIT ACTIVITY OR ACTIVITY CONTRARY TO GOOD MORALITY,
  • IDENTITY FALSIFICATION OR THEFT,
  • FAILURE TO COMPLY WITH MANDATORY VERIFICATION PROCEDURES,
  • REPORTS REPEATED BY OTHER USERS,
  • YOU IFCYCLEM DEEMES IT NECESSARY TO PROTECT THE SECURITY, INTEGRITY, OR REPUTATION OF THE PLATFORM.

Termination may result in the deletion of the account and the temporary or permanent blocking of any pending content or funds, particularly in the event of an internal investigation or dispute resolution. No compensation will be due to the user in the event of termination for cause.

THE TERMINATION OR SUSPENSION OF A CYCLEM ACCOUNT DOES NOT RESULT IN THE CONFISCATION OR LOSS OF FUNDS HELD BY THE SELLER WITH PAYREXX AG.

THE SELLER REMAINS SOLELY RESPONSIBLE FOR WITHDRAWING THE BALANCE FROM THEIR PAYREXX ACCOUNT, IN ACCORDANCE WITH THE APPLICABLE CONTRACTUAL CONDITIONS.

11. CHANGES TO THE TERMS OF SERVICE AND NOTIFICATIONS

11.1 Unilateral Amendments

CYCLEM RESERVES THE RIGHT TO MODIFY THESE GENERAL TERMS AND CONDITIONS OF USE AT ANY TIME, IN PARTICULAR TO ADAPT THEM TO:

  • A LEGAL OR REGULATORY EVOLUTION,
  • A TECHNICAL EVOLUTION OF THE PLATFORM OR ITS SERVICES,
  • OR A COMMERCIAL OR ORGANIZATIONAL NECESSITY.

THESE CHANGES TAKE EFFECT AS SOON AS THEY ARE PUBLISHED ON THE PLATFORM, UNLESS OTHERWISE INDICATED.

11.2 User Information

Users will be notified of any substantial changes to the Terms of Service by one or more of the following means:

  • direct notification in the application or by email
  • mention during the next login to the Platform,
  • or any other means deemed appropriate by Cyclem.

It is the User’s responsibility to regularly consult the latest version of the Terms and Conditions, accessible at any time on the Platform.

11.3 Validity of amendments

The changes have notno retroactive effecton transactions concluded before their entry into force, unless otherwise required by law.

12. APPLICABLE LAW AND JURISDICTION

12.1 Applicable Law

These General Terms of Use, as well as all contractual or pre-contractual relationships between Cyclem and Users, are governed exclusively by theSwiss law, to the exclusion of any other legislation.

12.2 Jurisdiction

IN THE EVENT OF A DISPUTE RELATING TO THE INTERPRETATION, EXECUTION OR VALIDITY OF THESE TERMS AND CONDITIONS, OR MORE GENERALLY TO THE USE OF THE PLATFORM, THE PARTIES SHALL ATTEMPT TO RESOLVE THE DISPUTE AMICABLY.

IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN A REASONABLE TIMEFRAME,THE ORDINARY COURTS OF THE CANTON OF GENEVA (SWITZERLAND) THEY WILL BE SOLELY COMPETENT, SUBJECT TO ANY CONTRARY MANDATORY PROVISIONS APPLICABLE TO CONSUMERS.