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General Terms and Conditions

Zurich, April 16, 2026

These General Terms and Conditions and the Terms of Use, which form an integral part of this contract, govern the framework of the contractual relationship and the provision and Terms of Use of the “transferly.swiss” service between Digio AG, Birmensdorferstrasse 94, 8003 Zurich (hereinafter referred to as the “Provider”) and the party using the services on transferly.swiss as a user (hereinafter referred to as the “Customer”).

1. Conclusion of Contract

  1. These General Terms and Conditions together with the Terms of Use set out the conditions which the Customer enters into with the Provider when using the Service.
  2. The contract between the Provider and the Customer consists of this document (General Terms and Conditions) and the appendix Terms of Use.
  3. The Provider reserves the right to amend these General Terms and Conditions as well as the Terms of Use at any time. Changes will be communicated to existing customers by email.
  4. The Customer is obliged to provide truthful information when using or registering for the Service and to keep such information up to date. Registration is permitted only for persons of legal age.
  5. The service provider reserves the right to reject registration without stating reasons.
  6. The German version of this contract is the only legally binding version for the Provider and the Customer. Translations provided on the website of the Service are for guidance only. In the event of a legal dispute, only the interpretation of the German version of this document shall be authoritative.
  7. This agreement may also be made available in English, French and Italian for informational purposes only. In the event of inconsistencies, ambiguities or deviations between translations and the German version, the German version shall prevail exclusively.

2. Content and Scope of the Services

  1. The Provider grants the Customer the non-exclusive, non-transferable right to use the Service within the scope of the contractual provisions. The Service enables the sending and requesting of files, messages, and passwords over the Internet. However, time-related, usage-related, storage-related, and functional limitations apply.
  2. The Service is offered free of charge and in a limited form for private purposes. Commercial use requires a paid subscription. Details on functionality and pricing can be found in our Service Overview.
  3. Data is stored temporarily and in encrypted form by the Provider and permanently deleted within 24 hours after expiry of availability.
  4. Use of the Service is subject to the following restrictions:
    • In accordance with the functional description in our Service Overview;
    • The number of files that can be sent, as well as the maximum number of downloads for one (file) transfer, is limited as follows:
      • A maximum of 5 files and a maximum of 3 downloads for unregistered users;
      • A maximum of 10 files and a maximum of 5 downloads for registered users of the ‘Personal’ subscription;
      • an unlimited number of files and downloads for registered users of the 'Pro', 'Business' and 'Enterprise' subscriptions
  5. The Provider undertakes to transfer data via HTTPS.

3. Obligations and Responsibilities of the Customer

  1. It is a prerequisite that the Customer has the necessary powers, authorisations, and competencies to assume and perform the obligations set out in the contract.
  2. If the Customer uses the Service in the name of a third party, the Customer guarantees that they have the necessary authority and competence to represent and bind that third party in accordance with the contractual provisions.
  3. The Customer is responsible for all claims arising from breaches of the contractual provisions by the third party. The Customer shall indemnify the Provider against all claims arising from the use of the Service by the third party.
  4. The Customer undertakes to pay, in advance and on time, the price for the subscriptions required through use, plus VAT, using the available payment system.
  5. The Customer may cancel a paid subscription by the end of the billing period with effect as of the end of that billing period. After expiry of the billing period, the subscription and the resulting financial obligations are automatically renewed for a further billing period.
  6. If the Customer falls into payment default, the Provider has the right to temporarily or permanently block or delete access to the Service. The Customer’s obligation to pay shall remain unaffected.
  7. Additional services ordered during an ongoing billing period will be charged pro rata for the remaining duration of the current billing period at the time of ordering and must be paid in advance.
  8. Services cancelled before the end of the billing period remain payable and cannot be reclaimed.
  9. The Provider reserves the right to change prices. The Customer will be informed in due time of any such changes.
  10. The Customer undertakes not to store on the storage space any content whose provision, publication, or use violates applicable law or the Terms of Use. In the event of a breach, the Provider reserves the right to terminate the contract unilaterally with immediate effect and without any further obligations, and to block the Service for the Customer.
  11. In order to obtain access to and use the Service, the Customer undertakes to defend, indemnify, and hold harmless the Provider, as well as all persons involved in providing the Service, against any claims, demands, liabilities, costs, and/or expenses arising from unlawful use of the Service or its content.
  12. The Customer bears full responsibility for the files transmitted via transferly.swiss.
  13. The Customer is not permitted to make the Service available to unauthorised third parties, whether for consideration or free of charge. Transfer of the Service to third parties is permitted only if expressly allowed in the current Service Description on the website.
  14. The Customer must ensure that contractual relationships with third parties are structured in such a way that unauthorised use of the Service by third parties is effectively prevented.
  15. In connection with paid services, the Customer undertakes to provide correct and complete information regarding their identity and their company.
  16. Customers established in the European Union are required to provide a valid and verifiable VAT ID and to report or update any changes to company details or the VAT ID without delay.
  17. The Customer is responsible for the correct tax treatment, in particular within the framework of the reverse charge procedure. Validation of the VAT ID by the Provider does not release the Customer from responsibility for the correct tax treatment.
  18. Paid services are available to:
  • Customers in the sense of private individuals and legal entities with residence or registered office in Switzerland or Liechtenstein (B2C and B2B)
  • Customers in the sense of legal entities with registered office in the European Union (B2B)
  1. For customers established in the European Union, the use of paid services is permitted exclusively for legal entities (companies).
  2. A valid VAT ID is a prerequisite for the use of paid services by legal entities established in the EU.
  3. The Provider reserves the right to restrict or refuse access to paid services if these requirements are not fulfilled.
  4. Unless otherwise stated, all prices are exclusive of value added tax.
  5. For customers with residence or registered office in Switzerland and Liechtenstein, the statutory value added tax shall be charged.
  6. For legal entities (companies) established in the European Union, invoicing shall be carried out without value added tax under the reverse charge procedure, provided the requirements are fulfilled. This requires a valid and verifiable VAT ID and a postal address in the EU.
  7. Changes to billing-relevant data, in particular the VAT ID, addresses and postal addresses, or the number of users, apply only to future billings. Invoices already issued remain unchanged.

4. Obligations and Responsibilities of the Provider

  1. The Provider undertakes to handle all data transmitted through and via the Service with due care and to apply all due diligence in order to provide a high-quality service at a professional level.
  2. The Provider guarantees to the Customer that all data stored via the Service is stored in Swiss data centres. Exceptions, especially with regard to personal data, are transparently disclosed in the privacy policies.
  3. The Provider’s liability in connection with this free or paid Service is limited to a maximum amount of CHF 150.
  4. Under certain circumstances, the Provider may restrict access to the Service in order to ensure stability, functional reliability and network integrity, as well as to prevent significant disruptions to the network, software, or stored data. The Provider is not obliged to control or monitor the Customer’s use of the Service in order to verify lawful use.
  5. If the Customer violates these GTC, applicable law, or the Terms of Use, the service provider reserves the right to restrict or block the Customer’s use of the Service, or even to terminate the contractual relationship without notice. Prepaid services are not refunded and the service provider cannot be held liable for damages.
  6. The Provider will continuously improve and further develop the Service through regular updates and upgrades, which may result in temporary interruptions of the Service. Customers can find information on the current scope of functions in the Service Description on the website of the Service.
  7. The Provider regularly reviews the functionality of the Service and takes appropriate measures to remedy software errors insofar as technically possible.
  8. The Provider is entitled to take manual or automatic measures to detect and prevent violations of the GTC, applicable law, or the Terms of Use.
  9. If the service provider is notified of an alleged violation or alleged misuse, the service provider is entitled to take measures to prevent it.
  10. The Provider is entitled to verify the company information provided by the Customer as well as the VAT ID. For this purpose, the Provider may use external services (e.g. VIES).
  11. If validation is not possible or fails, the Provider is entitled to:
  • restrict access to paid services
  • refuse the use of paid services
  1. The Provider assumes no liability for the accuracy of the validation results.

5. Data Protection

  1. The Provider guarantees the confidential handling of all data transmitted between the Customer and their recipients. The decision as to with whom the Customer shares their download links lies solely with the Customer. Once a recipient receives the download link, they obtain direct access to the data.
  2. The Provider guarantees that it cannot decrypt uploaded and encrypted data without the Customer’s cryptographic key. Furthermore, the Provider undertakes not to use the uploaded data, nor the data exchanged between the Customer and holders of a download link, for any other purpose or commercially.
  3. The Provider undertakes to use the telephone numbers and email addresses entrusted to it within the framework of multi-factor authentication (MFA) exclusively to ensure access protection for transfers and to fulfil its legal obligations, and not to use them for any other purpose or commercially.
  4. The Customer is solely responsible for the uploaded files. The Provider claims no ownership rights over the files transmitted by the Customer.
  5. The Customer may only transfer files if they are the owner of the files or have been expressly authorised to do so.
  6. The service provider undertakes to comply with applicable data protection regulations and its Privacy Policy when collecting, processing, and using the Customer’s personal data.
  7. The Customer has the right to receive information about the data stored about them and, where applicable, to have such data corrected or deleted.

6. Interaction and Exchange of Information Between the Parties

  1. Communication between the parties takes place only by email or, at the Provider’s request, by telephone.
  2. For evidentiary purposes, other notices and contractual communications require dispatch by registered mail through Swiss Post to:
    • Customer: The address stored in the customer portal
    • Provider: The address stated in the Imprint
  3. Both parties are obliged to regularly review and keep their address and contact details up to date.

7. Agreement on Burden of Proof

  1. The parties agree, for the present contract, that electronic records shall have the same evidentiary value as records on paper. It is expressly agreed that data from the information systems of the Provider or its suppliers, such as server logs, application logs, consumption statements, order and payment overviews, incident management reports, etc., shall be fully effective and admissible against the Customer, including in legal proceedings.
  2. Emails shall be deemed received or sent as soon as they are sent or received via the Provider’s SMTP servers. The date and time of the Provider’s mail servers are binding on both parties.

8. Liability and Warranty

  1. The Provider shall be liable only for damages caused by intent or gross negligence. Liability for ordinary negligence is excluded.
  2. Damages caused by force majeure, disruptions of Internet access, or third-party software are excluded from the Provider’s liability.
  3. The Customer is obliged to indemnify the Provider against claims of third parties arising from breaches by the Customer of these GTC, applicable law, or the Terms of Use.
  4. Regardless of the basis of liability, the liability of the service provider is in all cases limited to the amount of the license fee paid for the current billing period.
  5. Any warranty for functionality and operational readiness is fully excluded to the extent permitted by law.

9. Force Majeure

  1. “Force Majeure” refers to an event that is unforeseeable and/or unavoidable and over which the parties have no control, as defined by law or case law.
  2. The Provider shall not be liable for the partial or complete inability to fulfil its obligations under the contract due to force majeure. In the event of such prevention or disruption, the Provider is entitled to inform the Customer without delay and shall be released from the fulfilment of its obligations. Likewise, the Customer shall be released from their obligations insofar as these are connected with the prevention or disruption, provided that the affected party takes the best possible measures to avoid or prevent the causes of non-performance and that both parties fulfil their obligations without delay once such causes have disappeared or been removed.
  3. If the effects of a case of force majeure are expected to continue for more than 15 days from the time the other party was informed thereof, either contracting party may terminate the contract upon request and without any obligation to compensate the other party.

10. Final Provisions

  1. If any clause of the contract is declared unlawful, void, or unenforceable, this shall not affect the remaining provisions of the contract, which shall remain fully valid. In such case, the Provider undertakes to replace the void or unenforceable clause with a valid clause that best reflects the original meaning and purpose and therefore corresponds to the common intention of the parties.
  2. Unless an out-of-court settlement is reached, any dispute relating to this contract, its conclusion, performance, or interpretation shall be governed by Swiss law. The exclusive place of jurisdiction for such disputes is Zurich, Switzerland.