1. Who we are and scope
1.1Limoflit is an online service for managing limousine and chauffeur companies (the "Service"). It is offered by Slipstack Sagl, a limited liability company with its seat in Lugano and its postal address c/o Stefano Vojinovic, Via al Chioso 11a, 6900 Lugano, Switzerland, business identification number (UID) CHE-233.011.431 ("Slipstack", "we").
1.2These Terms of Use (the "Terms") govern the use of the Service by the companies that register (the "Customer") and by the persons who use the Service on the Customer's behalf (the "Users"). Annex A, the data processing agreement, forms an integral part of the Terms.
1.3The offer is addressed exclusively to entrepreneurs and other professionals, not to consumers. Anyone who registers on behalf of a company declares that they have the authority to bind it.
1.4The contractual relationship begins with registration or with the acceptance of an invitation, and at the latest with the first access to the Service. By registering or accepting an invitation, the User declares that they have read and accept the Terms and the Privacy Policy.
1.5The Customer's general terms and conditions are excluded, even if Slipstack does not expressly object to them or performs without reservation. The Terms apply in addition to the terms of the third-party providers whose services the Customer uses.
2. The Service
2.1The Service allows the Customer, among other things, to record transport services, assign them to chauffeurs, vehicles and external collaborators, issue invoices and receipts, keep track of payments and expenses, connect a bank account, read expense documents from a photograph, and exchange services with other linked companies.
2.2The Service is a management tool. It is not a booking service for passengers, it does not process online payments, and it is neither complete accounting software nor tax, accounting or legal advice.
2.3Functions that suggest a result, such as calculating the part of a route that is or is not subject to VAT based on the actual route, the proposed exchange rate, the automatic reading of an expense document or the matching of a payment to an invoice, are aids and may contain errors. The Customer checks every result before using it and remains solely responsible for its own tax, accounting and legal obligations.
2.4The Customer knows the main functions of the Service and checks for itself whether they meet its needs. Slipstack does not guarantee the suitability of the Service for a particular purpose, even if a function was recommended by our staff.
2.5The Customer has no right to regular updates or to extensions of the functions. Slipstack may change, extend, restrict or withdraw functions at any time. The version of the Service is the same for all customers.
2.6Slipstack may use qualified third parties, including abroad, to provide the Service.
3. Test version and free services
3.1The Service is offered as a test version and, at the time these Terms are published, free of charge. It may contain errors and may be changed, suspended or discontinued.
3.2No claim to performance or warranty exists for free services. Slipstack may suspend or change them, or offer them only against payment, even without notice, to the extent permitted by law.
3.3The Customer carefully checks the documents it issues, in particular invoices, and reports any problems it finds.
4. Accounts, Users and security
4.1Each User has a personal account protected by a password. The User keeps their credentials safe, uses strong passwords, does not pass them on, and informs us without delay of any unauthorised use.
4.2The Customer is responsible for the use of the Service by its Users, including its administrators, and for any incorrect or unlawful conduct by them. The Customer assigns roles and manages access, including deactivating anyone who should no longer have access.
4.3The information provided at registration and in the profile must be correct and up to date. Slipstack may ask for proof of its accuracy.
4.4The Customer and its Users take the measures necessary, in line with the state of the art, for a secure use of the Service, for example by protecting their devices and systems from misuse and malicious software.
5. Communications
5.1Slipstack may communicate with the Customer in a legally valid manner by email to the address provided, in the Service, on the website or in another suitable way. The Customer's communications to Slipstack are to be sent to info [at] limoflit.ch.
5.2The Customer keeps its email address up to date and regularly consults the Service and the website.
6. Fees
6.1At the time these Terms are published, use of the Service is free of charge.
6.2Slipstack may introduce or change a fee. It will announce it in the Service or on the website before it becomes due. If the Customer does not accept it, it may close the account before the fee takes effect.
7. Customer obligations, content and indemnification
7.1The Customer is responsible for the data it enters (customers, chauffeurs, services, invoices, expenses, documents, passengers) and guarantees that it has the right to do so and that it complies with applicable law, in particular the rules on data protection, VAT, invoicing and competition.
7.2The Customer may not use the Service for unlawful purposes, to damage or overload it, to attempt unauthorised access, to circumvent security measures or technical limits, or to make the Service accessible to unauthorised third parties. It may not upload unlawful content or content containing malicious code.
7.3Slipstack is not obliged to check the lawfulness of content. It may, however, examine, modify, remove or make inaccessible any content if it has a well-founded suspicion that it is unlawful or breaches the Terms, and it may be required to hand it over or to give access to it on the order of an authority.
7.4The invoices, receipts and other documents issued with the Service are the Customer's documents. The Customer is responsible for their content, for their compliance with the applicable rules and for their transmission to the recipients. Slipstack does not check the commercial basis, accuracy or completeness of the documents.
7.5The Customer indemnifies and holds harmless Slipstack, its partners, employees and suppliers against all third-party claims, including penalties and reasonable legal costs, arising from the data or content entered by the Customer or its Users, from a breach of the Terms or of the law, or from the Customer's relationships with its customers, chauffeurs, collaborators and linked companies. Slipstack is not a party to those relationships.
8. Third-party services and connections
8.1Some functions use third-party services, for example for the bank connection, the reading of documents, the search for addresses and routes, the sending of emails and notifications. Slipstack is not involved in third-party services and cannot influence them.
8.2By activating or using a function that involves a third party, the Customer expressly authorises Slipstack and the third party to access, exchange and process the data and documents needed. The Customer ensures that this is lawful, informs the data subjects and, where necessary, obtains their consent.
8.3The bank connection is optional. The Customer activates it with its own credentials and complies with the terms of its bank and of the provider. At the end of the relationship, the Customer itself withdraws its consent towards the third party.
8.4Slipstack is not liable for third-party services, for their unavailability or their errors, nor for the processing of data carried out under the third party's responsibility. It may restrict, suspend or discontinue a function that depends on a third party, in particular in the event of malfunctions, security risks, breaches of the Terms, interruptions on the part of the third party or force majeure.
9. Linked companies and exchange of services
9.1Two companies may link with each other using a private code in order to exchange services and invoice each other. The link requires the consent of both.
9.2By linking, and only for the services that the Customer decides to hand over to the other company, the Customer authorises the sharing of the neutral service data (for example date, route, times, passengers and notes) with the linked company. The Customer's billing data is not shared, except for the documents that the two companies exchange with each other.
9.3The Customer may revoke the link at any time. Services already shared remain visible to the other company to the extent necessary to complete and invoice them.
9.4Slipstack provides the tool and is not a party to the relationships between linked companies, nor does it guarantee that their obligations will be fulfilled.
10. Availability, support and backups
10.1Slipstack undertakes to keep the Service available with customary diligence, but does not guarantee uninterrupted or error-free operation, nor any minimum availability.
10.2Interruptions may occur, for example due to maintenance or repairs, updates, defence against attacks, limitations of third-party systems or providers, network or hosting outages, orders of authorities, force majeure, or acts or omissions of the Customer or its Users. In such cases Slipstack may restrict or interrupt access for as long as necessary, without the Customer acquiring claims such as reductions, refunds or compensation, subject to liability that is mandatory by law.
10.3Slipstack is not obliged to provide support. If it offers support, it does so by email to info [at] limoflit.ch, subject to availability and without guaranteed response times.
10.4Slipstack makes periodic backups of the content in accordance with its own procedures and endeavours to avoid the loss of data, but does not guarantee the restoration of deleted or lost content. The Customer alone is responsible for keeping and archiving its own data and documents, including those that the law requires it to keep, and regularly copies them outside the Service, for example by downloading the PDFs and the data.
11. Intellectual property
11.1The Service, the software, the trademarks, the documentation and the content that we make available remain the property of Slipstack or its licensors. For the duration of the relationship, the Customer receives a personal, non-exclusive, non-transferable, non-assignable right of use, limited to its own internal use, in accordance with the Terms.
11.2The Customer's data and documents remain the Customer's. The Customer grants us the right to process them to the extent necessary to provide the Service.
11.3The Customer informs Slipstack immediately in writing if a third party asserts intellectual property rights in connection with the use of the Service, and does not take any action or accept any claim without our consent.
12. Data protection
12.1The processing of personal data for which Slipstack is the controller is described in the Privacy Policy.
12.2For the personal data that the Customer enters into the Service (for example that of its customers, chauffeurs and collaborators), the Customer is the controller and Slipstack acts as processor, in accordance with Annex A. By accepting the Terms, the Customer also accepts Annex A.
12.3The Customer is responsible for the lawfulness of the processing of the data it enters, for informing the data subjects and, where necessary, for obtaining their consent. Slipstack is not obliged to verify this.
13. Confidentiality
Each party treats as confidential the non-public information of the other that it accesses in connection with the relationship and uses it only to perform it. The obligation does not apply to information that is or becomes public without breach, that the party already knew, or that it must disclose by law or by order of an authority.
14. Warranty and liability
14.1To the extent permitted by law, the Service is provided "as is", with the customary quality of an online solution of this type. Any further warranty, express or implied, is excluded, in particular of fitness for a particular purpose, of freedom from errors or of uninterrupted availability.
14.2Slipstack is liable only for damage caused by intent or gross negligence and for personal injury. Any other liability is excluded to the fullest extent permitted by law, in particular for slight or ordinary negligence, for indirect, consequential and pure economic loss (such as additional expenses, loss of profit, loss of data, customers or reputation, third-party claims, penalties and tax consequences), for auxiliaries, including third parties involved, and for strict liability.
14.3The exclusions and limitations of this article apply to contractual and non-contractual claims.
14.4The Customer asserts any claims in writing within six months of the time at which it knew or could have known of the event on which they are based.
14.5Mandatory rules on liability remain reserved.
15. Term, suspension and end of the relationship
15.1The relationship is of indefinite duration. The Customer may close the account at any time by writing to info [at] limoflit.ch.
15.2Slipstack may terminate the relationship at any time and without giving reasons, with thirty days' notice and without compensation. It may also close an account that has not been used for at least one hundred and eighty days.
15.3Either party may terminate with immediate effect for good cause. Good cause includes, in particular, a well-founded suspicion of abuse, a serious breach of the Terms by the Customer or its Users, and insolvency or the opening of insolvency proceedings.
15.4Slipstack may restrict or suspend access, in whole or in part and with immediate effect, in the event of a well-founded suspicion of abuse or of a breach of the Terms, of a risk to security or to other customers, of an order of an authority or of force majeure. A suspension is not in itself a termination.
15.5When the relationship ends, access is blocked. The Customer must export and archive its data beforehand, at its own responsibility, and has no right to a refund of fees already paid. Slipstack deletes the data in accordance with Annex A, unless the law requires or permits it to keep them.
15.6If an event of force majeure lasts more than ten days, either party may terminate.
16. Changes to the Terms
16.1Slipstack may change the Terms, including Annex A, and the fee at any time for legitimate reasons, for example for new functions, changes in the law, technical needs or the introduction of a fee.
16.2The version in force is the one published on the Limoflit website, with the date of the version. Changes apply from the date of entry into force stated in the new version. Slipstack may, but is not obliged to, inform the Customer of changes, for example by email or in the Service.
16.3The Customer regularly consults the version in force. Use of the Service after a change has entered into force counts as acceptance of the new version. A Customer who does not agree stops using the Service and closes the account.
16.4Changes that become necessary immediately by law or because of urgent technical needs apply immediately.
17. Other provisions
17.1Slipstack may assign or transfer rights, obligations and the contractual relationship to a qualified third party, including in the event of a sale of the business. The Customer consents to this from now on.
17.2If a provision of the Terms is or becomes invalid or ineffective, the others remain valid. The invalid provision is replaced by the valid one that comes closest to its economic purpose. The same applies to gaps.
17.3The Terms replace any previous agreement between the parties on the Service.
17.4Neither party is liable for a delay or a failure to perform due to causes beyond its reasonable control (force majeure), such as network or supplier failures, cyber attacks, epidemics, natural events and orders of authorities.
17.5The screens, images and examples shown on the website or in other illustrative material about the Service are for illustration only. The names of people, companies and hotels, the amounts and the other data that appear in them are fictitious, and any resemblance to real people or companies is purely coincidental. The names and trademarks of third parties that appear in them, for example vehicle models, belong to their respective owners, are used only to describe the Service and do not indicate any relationship with the owners.
18. Governing law, place of jurisdiction and language
18.1The Terms are governed by Swiss law, excluding the rules on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18.2The exclusive place of jurisdiction for any dispute is Lugano, unless the law provides for a different mandatory place of jurisdiction.
18.3The Terms are drafted in Italian. Only the Italian version is legally binding. This English text is a courtesy translation provided for convenience; in the event of any discrepancy, the Italian text prevails.
19. Contact
Slipstack Sagl, c/o Stefano Vojinovic, Via al Chioso 11a, 6900 Lugano, UID CHE-233.011.431. For questions about the Terms: info [at] limoflit.ch. For data protection: info [at] limoflit.ch.
Annex A: data processing agreement (processor)
This Annex applies when Slipstack processes personal data on behalf of the Customer within the Service. It is based on the Swiss Federal Act on Data Protection (FADP) and, where applicable, on Regulation (EU) 2016/679 (GDPR).
A.1 Subject matter, duration and nature of the processing
Slipstack processes the personal data that the Customer enters into the Service, in order to provide the Service, for the duration of the relationship and until deletion in accordance with Article A.9. The processing consists of storing, organising, processing, displaying, transmitting (for example by email at the Customer's request) and deleting such data.
A.2 Categories of data and of data subjects
- Data subjects: the Customer's customers (individuals and company contacts), passengers named in services, the Customer's chauffeurs and other collaborators, external collaborators, contacts at linked companies, counterparties in bank transactions.
- Categories of data: first and last name, address, email, telephone, UID or VAT number, contact details, routes and times of services, notes, billing and payment data, bank details (IBAN), bank transactions (if the connection is active), expense documents and related data, Users' access and usage data.
- The collection of special categories of data is not envisaged. The Customer does not enter data of this kind into the Service.
A.3 Customer's instructions
Slipstack processes the data only in accordance with the Customer's documented instructions, which are the Terms and the Customer's use of the Service, and in order to provide the Service. The Customer guarantees that its instructions and the processing are lawful. If Slipstack considers that an instruction breaches data protection law, it informs the Customer and may suspend its execution.
A.4 Confidentiality
Slipstack imposes an obligation of confidentiality on the persons authorised to process the data and limits access to those who need it to provide the Service and for support.
A.5 Security measures
Slipstack adopts technical and organisational measures appropriate to the risk, in line with the state of the art and in proportion to the nature of the processing, including the separation of each customer's data, the encryption of communications, the protection of passwords, the restriction of access and periodic backups. Slipstack may adapt the measures over time, provided that the level of protection does not decrease substantially. A more detailed description is made available on written request.
A.6 Sub-processors
6.1The Customer gives general authorisation for the use of sub-processors belonging to the categories indicated in the Privacy Policy, in the section "Recipients and providers". The list with names and locations is made available to the Customer on written request.
6.2Slipstack imposes on sub-processors obligations equivalent to those of this Annex. Slipstack may add or replace sub-processors; it accounts for this by updating the Privacy Policy, as regards the categories and the countries, and the list referred to in point 6.1.
6.3The Customer may object to a new sub-processor on well-founded data protection grounds within fourteen days of becoming aware of it or of requesting the list. If no reasonable solution is found, the Customer may close the account.
A.7 Transfers abroad
The data may be processed by sub-processors with their seat or infrastructure outside Switzerland and the European Economic Area, in particular in the United States. In that case Slipstack ensures that an adequate level of protection is guaranteed: for sub-processors based in the United States, depending on the provider, by means of the European Union's standard contractual clauses supplemented by the Swiss addendum, or by the provider's certification under the Swiss-US Data Privacy Framework.
A.8 Assistance to the Customer and breaches
8.1Slipstack assists the Customer, with appropriate measures and within reasonable limits, in responding to requests from data subjects, in impact assessments and in dealings with the authorities. Assistance that requires a significant effort may be charged to the Customer at Slipstack's hourly rates. If a data subject contacts Slipstack directly about data processed on behalf of the Customer, Slipstack refers them to the Customer.
8.2Slipstack informs the Customer as soon as possible of a data security breach that affects the Customer's data, with the information available to it. Notification to the authorities and to the data subjects is the Customer's responsibility.
A.9 Return and deletion
At the end of the relationship the Customer exports its data at its own responsibility. Slipstack deletes the Customer's data within 90 days of the closure of the account, unless it is legally obliged to keep it. Daily backups are overwritten in accordance with their ordinary cycle, which is currently 14 days, and therefore within 14 days of the deletion.
A.10 Audits
On written request, no more than once a year and with thirty days' notice, Slipstack makes available to the Customer the information necessary to demonstrate compliance with this Annex, as a rule by documents or a questionnaire. Any on-site audits are agreed, limited to what is strictly necessary, carried out at the Customer's expense and without compromising the security and confidentiality of other customers.
A.11 Liability
For claims relating to this Annex, the limitations of liability in the Terms apply, to the extent permitted by law.