Conditions Générales

1. Scope of Application

1.1 These General Terms & Conditions (hereinafter: the "Terms of Use" or "GTC") and the Privacy Policy (hereinafter: the "Privacy Policy") govern your use of the website www.yatzo.com (hereinafter: the "Website"), which is operated by the person identified in the Legal Notices (hereinafter: "Yatzo"), and all the services available on the Website (hereinafter the "Services").

1.2 These Terms of Use refer to the following additional terms, which also apply to your use of the Website:

• the Privacy Policy, which forms an integral part of these Terms and sets out how, and on what legal bases, Yatzo processes the personal data it collects from you or that you provide to it. You warrant that the data you provide is accurate and undertake to keep it up to date; and
• the Additional Terms (hereinafter: the "Additional Terms") governing specific Services. Where Additional Terms apply, Yatzo will inform you at the time you request the relevant Services. The commercial terms of any paid or subscription Services — including price, duration, renewal, payment terms, applicable usage limits and scope of access — are not set out in these Terms or in the Privacy Policy, but in the Additional Terms presented at the point of purchase. These Terms and the Privacy Policy continue to apply to and alongside the Additional Terms; in the event of a conflict, the Additional Terms prevail with respect to the relevant Service.

1.3 These Terms of Use apply to any and all use made of the Website, in particular when you view, download or consult information and advertisements or access any other products or services offered by Yatzo on the Website, unless reference is made to specific provisions for these products and services and Additional Terms apply.

1.4 By accessing the Website or by using the Services, you acknowledge that you have read and understand these GTC and the Privacy Policy and that you agree to be bound by them. You warrant that you have the legal capacity to accept these Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use or the Privacy Policy, you must immediately stop accessing and/or using the Website and/or the Services.

1.5 Yatzo may amend these Terms of Use and/or the Privacy Policy from time to time, in particular to reflect changes in the Services, in its business practices, or in applicable law. An amendment takes effect upon publication on the Website. Where an amendment is materially adverse to you, Yatzo will make it apparent on the Website and may in addition notify you by email at the address associated with your Account. Where mandatory law requires a particular notice period or procedure in your case, that period or procedure applies to that amendment. Your continued access to or use of the Website or Services after the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop accessing and/or using the Website and/or Services before the effective date. Visitors are encouraged to consult this page regularly. Likewise, Yatzo may at any time modify the content and form of the Services or remove some of them, and the technical characteristics of the Website may also be changed at any time in a discretionary manner.

1.6 Third-party websites that may be reached through the Website are not subject to the principles laid down herein.

2. Legal Notices

2.1 The Website is operated by the person identified in the Legal Notices published on the Website, where that person’s identity, registered address and contact details are set out.

2.2 The Visitor may at any time contact Yatzo:

• by post, to the address set out in the Legal Notices published on the Website;
• by email to the following address: info@yatzo.com;
• by phone at +41 78 792 28 06, Monday to Friday from 08:00 to 12:00 and from 13:00 to 16:00.

3. Scope of these Terms

3.1 These Terms apply to the Website. Each website in the Yatzo Network is operated independently by the person identified in its Legal Notices, who alone is responsible for it and for the services provided through it, and is governed by the terms and the privacy policy published on it. Your use of any other website in the Yatzo Network is a matter between you and the person identified on it.

3.2 No partnership, joint venture, agency, employment relationship, single undertaking, or joint or several liability arises between you and Yatzo, or between Yatzo and any other person referred to in these Terms, and no such person has authority to bind another or to make any representation on its behalf.

4. Definitions

Throughout these General Terms & Conditions, the following terms have the meaning set forth below:

• "Account" means the registered user account created by a Visitor in order to access certain Services, as described in Section 6;
• "Additional Terms" means the additional terms of use governing specific Services, including the commercial terms of paid or subscription Services, presented to the Visitor at the point of purchase or at the time the relevant Services are requested;
• "Content" means any content on this Website, including content that is provided by Yatzo or any other entity collaborating with Yatzo;
• "Derived Data" means data produced by Yatzo from Content, User Content, Listings or the use of the Services which has been anonymised or otherwise processed so that it does not identify, and cannot reasonably be used to identify, any Visitor, Subscriber or other natural person, including statistics, indices, benchmarks, market reports, analyses, valuations and models;
• "Listing" means an advertisement or offer relating to a vessel or to a related product or service, together with the associated descriptive data, images and contact details, which is submitted or otherwise made available to Yatzo by a Visitor, by a Subscriber or by another person entitled to do so;
• "Personal Data" means any information relating to a natural person that can be used to identify such person, directly or indirectly, in particular by reference to an identifier such as a name, audio-visual materials, log-in information, location data, and other factors, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• "Services" means all the services provided by Yatzo through the Website;
• "Subscriber" means a Visitor who has purchased a paid Subscription to the Services;
• "Subscription" means a paid tier of access to the Services, the specific terms of which are set out in the Additional Terms presented at the point of purchase;
• "Third-Party Content" means any content which originates from a third party and which is displayed on the Website;
• "User Content" means any content, data, text, image, video, Listing or other material which a Visitor or Subscriber submits, uploads, transmits or otherwise makes available to Yatzo, to its licensors or licensees, or to any partner of Yatzo, whether through the Website, by feed, by interface or by any other means;
• "Visitor" means any person or bot using the Website, accessing its source code or accessing its content in any way;
• "Website" means the website www.yatzo.com; and "Yatzo Network" means the websites and applications made available under the Yatzo name, each of which is operated independently by the person identified in its Legal Notices.

5. Description of the Services Provided by the Website

5.1 Yatzo.com is a high-technology data intelligence platform delivering advanced SaaS and DaaS solutions to stakeholders across the global boating and marine industry. The platform is designed to streamline large-scale data processing, normalisation and curation, eliminate information silos, and generate actionable insights through a robust, scalable infrastructure. Yatzo provides users with real-time access to a continuously enriched and dynamic dataset, enabling precise decision-making, market monitoring, predictive analytics, and strategic planning.

5.2 The Visitor is informed that the Services are subject to constant evolution.

5.3 Where the Visitor purchases a paid Subscription or otherwise accesses a paid tier of the Services, the specific commercial terms applicable to that Subscription — including price, duration, renewal, payment terms, applicable usage limits, and scope of access — are not set out in these Terms or in the Privacy Policy, but will be presented and made available to the Visitor at the point of purchase, and shall constitute Additional Terms within the meaning of Section 1.2. By completing a purchase, the Visitor accepts such Additional Terms in addition to these GTC. In the event of a conflict between such Additional Terms and these GTC, the Additional Terms shall prevail with respect to that Subscription.

5.4 When you fill out a contact form available on the Website in order to contact Yatzo, your consent may be requested to receive a newsletter from Yatzo. The newsletter will only be sent with your explicit consent. After entering your email you will receive a confirmation email to the specified email address. The newsletter will only be sent after explicit confirmation by clicking on a link provided in the confirmation email (so-called double opt-in). With the newsletter registration form, data are stored. Besides the visible form fields such as email address, first name and last name, the time of registration and the current language are also saved. Yatzo needs this information to address you personally and to send the newsletter in the correct language. Please note that you can unsubscribe from this newsletter at any time by clicking on the corresponding link in the body of the newsletter email you may receive.

5.5 By clicking on the links (including banners) on this Website, you may leave it and go, under your own responsibility, to sites of third parties outside the control of Yatzo. Since Yatzo does not necessarily carry out an exhaustive verification of all sites linked by a hypertext link, it declines any responsibility as to the contents, products, services or offers diffused there. The elements contained on linked sites are provided only for your convenience and information, and may be subject to the terms and conditions and privacy policies of the relevant third parties.

5.6 Nature of the Services. The Services consist of the storage and display of Listings and related information submitted or otherwise made available to Yatzo by Visitors, Subscribers and other persons entitled to do so, of tools enabling Visitors to search and compare them, and of the supply of data products and Derived Data produced from that material. Yatzo is not the owner, seller, broker, agent or representative of any vessel or of any advertiser, is not a party to any transaction between a Visitor and an advertiser or any other third party, and does not act as an intermediary in the conclusion of any such transaction.

5.7 Responsibility for Listings. Listings and other User Content are stored and displayed at the request of the person who submits them. Yatzo does not adopt them as its own and does not review them before they are displayed. Each Listing is the responsibility of the person who submitted it. Yatzo does not verify, and gives no warranty as to, the accuracy, completeness, lawfulness or currency of any Listing or of the material contained in it. Where a Listing identifies the person responsible for it, or contains contact details or a link, Yatzo displays that information so that the Visitor may deal with that person directly, and the Visitor is directed to do so before relying on or acting upon any Listing.

5.8 Currency of Listings. A Listing may have been sold, let, withdrawn, expired or otherwise become inactive by the time it is displayed. Yatzo endeavours to identify and remove inactive Listings within a reasonable period, but gives no warranty to that effect and accepts no liability arising from the display of an inactive Listing.

5.9 Service communications. Yatzo may send you communications relating to the operation of the Services, to your Account, to any Listing you have submitted, and to changes to these Terms or to the Privacy Policy. These are not marketing communications, and you may not opt out of them for as long as you use the Services.

5.10 Business communications. Where you have registered an Account or submitted a Listing, or where your business contact details appear in a Listing submitted by a person entitled to submit them, Yatzo, and its licensors and licensees, may contact you at those business contact details in connection with that Listing and in order to offer Yatzo’s own services which are similar to those you use or to which the Listing relates. You may object at any time, including in advance, by writing to info@yatzo.com or by using the unsubscribe facility contained in the communication.

5.11 Consent for other marketing. Marketing communications going beyond Section 5.10 — in particular communications on behalf of, or containing offers of, Yatzo’s partners, and any electronic marketing communication for which applicable law requires consent — are sent on the basis of a separate, specific and informed consent given for that purpose. THAT CONSENT IS REQUESTED SEPARATELY AND IS NOT GIVEN BY ACCEPTING THESE TERMS; ACCEPTANCE OF THESE TERMS IS NOT, AND MAY NOT BE RELIED UPON BY ANY PERSON AS, CONSENT TO RECEIVE MARKETING COMMUNICATIONS. Any such consent may be withdrawn at any time with effect for the future, without affecting the lawfulness of communications sent before the withdrawal.

5.12 Authority in respect of other persons. Where you submit a Listing which identifies a person other than yourself, or which contains another person’s contact details, you warrant that you are entitled to submit those details, that you have informed that person of the matters set out in the Privacy Policy, and that you have obtained every consent which applicable law requires in order for that person to be contacted as described in Sections 5.10 and 5.11. You indemnify Yatzo, in accordance with Section 15, against any claim arising from a breach of this warranty.

6. Account and Registration

6.1 In order to access certain Services, in particular paid Subscriptions, you may be required to register for an Account with Yatzo. You must be at least 18 years old and have the legal capacity to enter into these Terms in order to open an Account.

6.2 You agree to provide accurate, current and complete information during the registration process and to keep such information up to date at all times, including a valid email address at which Yatzo may send notices relating to your Account.

6.3 You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account, whether or not authorised by you. You must notify Yatzo immediately at info@yatzo.com of any unauthorised use of your Account or any other actual or suspected breach of security.

6.4 Your Account is personal to you. You may not share, sell, assign or otherwise transfer your Account or your credentials, and you may not allow any third party to use your Account.

6.5 Yatzo reserves the right to suspend or terminate any Account that provides false, inaccurate, incomplete or misleading information, or that is used in breach of these Terms, without prejudice to any other rights or remedies available to Yatzo.

6.6 You may close your Account at any time by contacting Yatzo at info@yatzo.com. Closing your Account does not relieve you of any obligation accrued before closure (including any amount due under a Subscription), and those provisions of these Terms which by their nature are intended to survive termination shall continue to apply in accordance with Section 9.4.

6.7 Professional use. The Services are designed for, and directed to, professionals and businesses in the boating and marine industry. By registering for an Account or purchasing a Subscription you represent that you are acting for purposes relating to your trade, business, craft or profession and that you are duly authorised to bind the entity on whose behalf you register. Where, notwithstanding this Section, the Services are used by a person acting as a consumer, the mandatory provisions of consumer law applicable to that person are unaffected and prevail over any inconsistent provision of these Terms.

7. Safety

7.1 Yatzo commits itself to make sure its computer systems and other software over which it has control are up to date in terms of safety.

7.2 Visitors are obliged to make sure their computer systems and other software under their control are up to date in terms of safety. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. Visitors need to ensure that their computer system meets all relevant technical specifications necessary to use the Website and that their computer system is compatible with the Services. You can access the Services through your internet access provider and by using software downloaded from third parties via the Internet, which access and software do not fall within Yatzo’s responsibility.

7.3 In case of violation of any obligation provided by these GTC, Yatzo can immediately block the Visitor involved from platform access. In such a case, Yatzo is also entitled to claim adequate damages.

8. Use of the Website by Visitors

8.1 By using the Website you agree not to perform any of the following acts:

• perform any act which interferes with or disrupts the Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of the Website, or attempt to carry out any of the foregoing;
• remove, alter, deface, overprint or otherwise obscure any Yatzo patent, trademark, service mark or copyright notice;
• attempt to gain unauthorised access to the Website, the server on which Services are stored, or any other server, computer or database connected to the Services;
• re-publish or provide access to any Content of the Website on the Internet without mentioning Yatzo as a legitimate source and indicating a proper URL link to the Website;
• use the Website or the Services in breach of these Terms and/or the Privacy Policy.

8.2 Yatzo reserves the right to interrupt, suspend or close, freely and from time to time, access to the Website and/or the Services for updating purposes for an undefined period. Some elements of the Website may happen to be out of date, and Yatzo is not obliged to update such elements on a regular basis.

8.3 Yatzo asserts, in respect of the databases made available through the Services, all rights available to it including any sui generis database right, and reserves those rights against systematic extraction or reutilisation whether or not carried out by automated means. Where a Visitor breaches Section 8.1, Yatzo may, in addition to any other remedy, block access, invalidate any Account and recover the costs of investigation and enforcement.

9. Term and Termination

9.1 These Terms take effect upon your first access to or use of the Website and/or the Services and remain in force for as long as you continue to access or use the Website and/or the Services, unless earlier terminated in accordance with this Section.

9.2 Where you hold a paid Subscription, the term, renewal and termination conditions specific to that Subscription shall be as set out in the applicable Additional Terms presented to you at the point of purchase.

9.3 Yatzo may suspend or terminate your access to the Website and/or the Services, in whole or in part, at any time and without liability to you, if: (a) you breach these Terms or any Additional Terms; (b) any amount due from you remains unpaid; or (c) you engage in conduct that Yatzo reasonably considers harmful to Yatzo, other Visitors, or any third party.

9.4 Upon termination for any reason, your right to access and use the Website and/or the Services will immediately cease. Sections of these Terms which by their nature are intended to survive termination — including, without limitation, Sections 5.12, 12 (Intellectual Property Rights, and in particular Sections 12.9 and 12.10), 13 (Third-Party Content), 14 (Liability Limitation), 15 (Indemnification) and 20 (Governing Law and Jurisdiction) — shall so survive.

10. Disclaimer

10.1 No information, whether verbal or written, obtained by means of the Website can give rise to any warranty or be assimilated to any representation which is not expressly indicated, and Yatzo declines any responsibility for any legitimate expectations arising from such information or content for any Visitor or anybody who may be informed of such content. None of the general information available through the Services is intended to be a substitute for independent professional advice.

10.2 The Content published on the Website is provided for general information only. No information available to the public on the Yatzo Website is intended to amount to advice on which you should rely for decision-making in respect of any contract or investment made with any third party.

10.3 Except for information obtained individually and specifically, based on an express and personal contract signed with Yatzo, you must always seek specific and professional advice before taking, or refraining from, any action on the basis of information published on the Website or available through the Services.

10.4 When accessing the Website, please note that any Content or Services are used at your own risk. The Website and its Content are provided on an "as is" and "as available" basis. You are solely responsible for any negative consequences of the use you may make of the information obtained from the Website without requesting individual advice and assistance from Yatzo. In case of any doubt, please contact Yatzo to obtain individual and precise information: info@yatzo.com.

10.5 Yatzo does not guarantee that:

• the Website and its Content, including Third-Party Content, will meet your requirements;
• results that may be obtained from the general use of the Website, especially tips, information, estimates and indications displayed on the Website, will be accurate or reliable in your case (being general information, they are by definition incomplete and approximate, and should not be relied upon as the sole source of information with respect to any investment decision or commercial transaction);
• the information presented on the Website is correct and reliable;
• information contained on the Website will always be correct, safe or exempt from any risk related to your health, security and life;
• the Website will be uninterrupted, timely, secure or error-free;
• third parties will comply with their obligations and/or applicable legal regulations.

10.6 It is your responsibility to check and verify any value estimate created based on the Content of the Website. Yatzo shall not be responsible for any lost profit and/or other losses caused by an estimate created through the Website.

10.7 The fact that certain professionals are affiliated with Yatzo does not give rise to any higher level of responsibility for their dealings with you as a Visitor than would apply in the case of any other contact between you (as a Visitor) and such a professional.

11. Privacy Policy

When using the Website and/or the Services, the Visitor is invited to provide to Yatzo certain Personal Data, including some data concerning the Visitor's activity (such as time of visit, browser type, IP address, geolocation data, etc.). This information is used at all times in accordance with the Privacy Policy, which can be accessed via the footer of the Website, www.yatzo.com. The Privacy Policy also describes the personal data which is provided to Yatzo by persons other than the Visitor, the legal basis on which that data is processed, and how a person whose personal data appears in a Listing may object to that processing or request its erasure.

12. Intellectual Property Rights

12.1 All elements of the platform yatzo.com, including but not limited to its name, trademarks, logos, domain name, design, layout, software, algorithms, functionalities, databases and content, are the exclusive property of Yatzo Network or its licensors, and are protected under applicable intellectual property laws, including applicable sui generis database rights.

The name "Yatzo" and all associated marks, whether registered or unregistered, constitute protected trademarks. Any unauthorised use, reproduction, imitation or exploitation of these trademarks, in whole or in part, without the prior written consent of Yatzo is strictly prohibited.

In particular, each element displayed on the Website of any nature — text, image, sound, photo, video, music, database, data, logo, trademark, software, content, code, layout, etc. (except for Third-Party Content) — is legally protected as the exclusive property of Yatzo. Consequently, any reproduction (including downloading, printing, etc.), representation, communication, screening and broadcast, adaptation, modification, translation, transformation, synchronisation and integration into a different website, whether commercial or non-commercial, and/or any other form of reutilisation of all or part of the elements of the Website, is strictly forbidden without the prior written consent of Yatzo.

12.2 Use of the Website does not confer any intellectual property rights on the Visitor with regard to any element of the Website.

12.3 Yatzo grants Visitors a limited, non-exclusive, royalty-free, worldwide, non-transferable licence, revocable at any time, to use the Website and its Content — in particular to consult and display the information, databases and materials available on the Website — for their own personal needs.

12.4 Any direct or indirect commercial use of the Website is forbidden unless expressly authorised by Yatzo. Yatzo reserves the right to withdraw the above licence at any time, without notice and with immediate effect, in the event of violation of any law, infringement of these GTC, and/or any competitive activity by a Visitor against Yatzo.

12.5 As a Visitor, you undertake not to reproduce, hack, download, copy, broadcast or make any illegal use of the text, databases, data, code, images or any other Content of the Website. Any unauthorised use of any element reproduced on the Website (hacking, parasiting, illegal downloading, etc.) may give rise to civil and/or criminal prosecution and to the payment of damages to Yatzo.

12.6 User Content — ownership. Nothing in these Terms transfers to Yatzo the ownership of any User Content. As between Yatzo and you, you retain all rights in your User Content, subject only to the licences granted below.

12.7 Licence granted to Yatzo. By submitting, uploading, transmitting or otherwise making available any User Content to Yatzo, to its licensors or licensees, or to any partner of Yatzo, you grant Yatzo and its licensors and licensees a non-exclusive, worldwide, royalty-free, transferable and sublicensable right and licence to host, store, copy, reproduce, adapt, format, translate, index, activate, publish, display, communicate to the public and transmit that User Content, and to authorise others to do so: (a) for the purposes of providing and operating the Services, for as long as the User Content is used on the Services; (b) for the purposes of marketing and promoting the Services and the Yatzo Network, in any medium, for as long as the User Content is used on the Services and for twelve (12) months thereafter; and (c) for the purposes of analysis, quality control, security, the further development of the platform and the creation of new products and functionalities, during and after the use of the User Content on the Services and for a maximum of five (5) years from its first publication, subject to your right of withdrawal under Section 12.13. Each entity for whose benefit this Section is expressed may enforce it directly against you.

12.8 Derived Data. You further authorise each person identified in Section 12.8 to normalise, de-duplicate, enrich, combine, analyse and otherwise process User Content, Listings and data relating to the use of the Services, and to produce Derived Data from them. All Derived Data, and all intellectual property rights in it, are and remain the exclusive property of Yatzo, which may transfer or license them freely; this Section applies notwithstanding Section 12.1. THE RIGHTS GRANTED UNDER THIS SECTION 12.9 IN RESPECT OF DERIVED DATA ARE PERPETUAL AND IRREVOCABLE, AND SURVIVE THE TERMINATION OF THESE TERMS, THE REMOVAL OF THE UNDERLYING USER CONTENT OR LISTING, THE CLOSURE OF YOUR ACCOUNT AND ANY WITHDRAWAL UNDER SECTION 12.13.

12.9 Transmission and distribution. By transmitting User Content to Yatzo, to its licensors or licensees, or to any partner of Yatzo, you authorise its integration into the Website and into other online and offline channels of Yatzo and of its partners, and its transmission and making available to Yatzo’s licensors and licensees, to service providers acting on their behalf, to distribution and syndication partners, and to subscribers of the data services, in each case for the purposes described in these Terms. Where Yatzo makes Derived Data available to a third party, it does so on its own account and as owner of that Derived Data.

12.10 Personal data. To the extent that User Content, a Listing or any material processed under this Section contains personal data, that processing is governed by the Privacy Policy and by applicable data-protection law, which prevail over this Section. Nothing in this Section constitutes, or may be relied upon as, consent within the meaning of Article 6(1)(a) of Regulation (EU) 2016/679 or of the corresponding provisions of the Swiss Federal Act on Data Protection.

12.11 Your warranties and indemnity. You warrant that you are entitled to submit each Listing and each item of User Content you make available, and that you hold all rights necessary to grant the licences set out in this Section, including in respect of photographs, plans, drawings, video, text and any third-party material contained in your User Content; that any person appearing in or identified by your User Content has been informed and, where required, has consented; and that transmitting the User Content to Yatzo does not breach any agreement with, or any right of, a third party, including any exclusivity, syndication or feed arrangement. You indemnify Yatzo against any claim arising from a breach of this warranty, in accordance with Section 15.

12.12 Withdrawal. You may withdraw the licences granted under Sections 12.8(b) and 12.8(c) at any time, with effect for the future, by notice to legal@yatzo.com. Withdrawal takes effect within a reasonable period and does not affect: (a) the use of the User Content for the purpose of providing the Services for as long as you continue to use them; (b) any Derived Data already produced; (c) copies retained in back-ups or archives, or which Yatzo is required to retain by law; or (d) any use already made before the withdrawal took effect.

12.13 Action against unauthorised use. You authorise Yatzo, acting in your name and in your interest, to take action against the unauthorised extraction, reproduction or publication by third parties of your User Content and of the personal data contained in it, including on third-party platforms and including where carried out by automated means. That authorisation includes the right to request removal or erasure, to require that the conduct cease, to issue formal warnings and to pursue claims out of court. It does not oblige Yatzo to act and does not prevent you from acting yourself.

13. Third-Party Content

13.1 Any content coming from third parties and indicated as such, with a proper source, is the sole responsibility of the relevant third party and is subject to the terms and conditions and privacy policy of the third party from which it originates.

13.2 Yatzo assumes no responsibility of any kind for the third-party content it publishes on the Website. Under no circumstances can Yatzo's responsibility be engaged due to the use or content of hyperlinks to third-party content. Visitors consult and use the content of such links at their own risk.

13.3 Yatzo may, at any time and without notice, delete any third-party content from the Website.

13.4 Editorial control. Yatzo is at all times entitled, but is not obliged, to refuse, restrict, tag, geo-restrict, delist, modify, replace or delete, in whole or in part, any Listing, Content, Third-Party Content or User Content, at any time and without prior notice, for legal, technical, commercial or other objectively justified reasons, including where Yatzo considers that the material may be unlawful, inaccurate, duplicated, out of date, contrary to these Terms, or contrary to any right of a third party. No reduction or refund of any fee arises by reason of such a measure.

13.5 Availability. Yatzo may make the availability of any Listing dependent on the website concerned, on the person operating it, and on the jurisdiction to which the Listing relates, and may cease to display, and cease to accept, any Listing or category of Listings at any time and without notice. Yatzo determines in its discretion how Listings are ranked, ordered, filtered and presented, and nothing in these Terms entitles any person to any particular ranking, position or presentation.

13.6 No general monitoring. Yatzo does not carry out general monitoring of the material made available through the Services and is under no general obligation to seek facts or circumstances indicating unlawful activity. The exercise, or the non-exercise, of the rights reserved in Sections 13.3 to 13.5 does not create any such obligation and does not deprive Yatzo of any exemption from liability available to it under applicable law.

13.7 Notice and action. Any person may notify Yatzo, by writing to legal@yatzo.com, of a Listing or other material which that person considers to be unlawful, inaccurate, out of date, published without authority, or in breach of that person’s rights. To be capable of being acted upon, a notice must contain a sufficiently substantiated explanation of the reasons for the allegation; the exact electronic location of the material; the name and contact details of the notifying person, save where the notice concerns an offence against a child; and a statement that the notifying person believes in good faith that the information in the notice is accurate and complete. Yatzo deals with notices in accordance with applicable law, and is not obliged to act upon a notice which does not meet these requirements.

13.8 Removal and non-recurrence. Where Yatzo removes or delists material following a notice, or following a request by the person who submitted it, by an advertiser, or by a person whose personal data appears in a Listing, Yatzo may record the minimum identifying information necessary in a suppression register, so that the material is not reinstated or republished, including where the same material is subsequently submitted again. Information recorded in that register is used solely for that purpose and is described in the Privacy Policy.

13.9 Statement of reasons. Where applicable law requires Yatzo to give a statement of reasons for the removal, disabling, demotion or restriction of a Listing, or for the suspension of an Account, Yatzo gives that statement in accordance with, and only to the extent required by, that law. No statement of reasons is given where Yatzo is prohibited from giving one, or where the material has been notified as manifestly illegal content by a competent authority.

14. Liability Limitation

14.1 TO THE EXTENT PERMITTED BY LAW, YATZO EXCLUDES ANY WARRANTY OR RESPONSIBILITY IN CONNECTION WITH THE WEBSITE AND CONTRACTS CONCLUDED BY VISITORS AND/OR ANY DEALINGS OR ACTIVITIES OF PROFESSIONALS AND/OR ANY DAMAGES RESULTING FROM AN ILLEGAL ACTION OF YATZO, EXCEPT FOR INTENTIONAL VIOLATION OR GROSS NEGLIGENCE. YATZO ACCEPTS NO LIABILITY FOR LOSS OF PROFITS, VALUE, DATA OR CHANCE INCURRED BY THE VISITOR OR ANY OTHER PERSON, CAUSED BY THE ACTION OR INACTION OF YATZO OR ANY THIRD PARTY.

14.2 ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE RELATED TO THEIR QUALITY, SUITABILITY, FITNESS FOR PARTICULAR NEEDS, UPDATES, COMPATIBILITY, SECURITY OR CORRECTNESS. YATZO WILL NOT BE LIABLE IF, FOR ANY REASON, THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. YATZO DECLINES RESPONSIBILITY FOR INDIRECT DAMAGES AND/OR LOSSES, IN PARTICULAR WITH REGARD TO LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, NOR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

14.3 Nothing in these Terms excludes or limits the liability of Yatzo for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for intentional violation or gross negligence, or for any other liability which cannot lawfully be excluded or limited under the applicable mandatory law.

14.4 Subject to Section 14.3, the total aggregate liability of Yatzo arising out of or in connection with these Terms, the Website and the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of (a) the total fees paid by you to Yatzo in respect of the Services during the twelve (12) months preceding the event giving rise to the claim and (b) CHF 1,000.

15. Indemnification

15.1 You agree to indemnify, defend and hold harmless Yatzo, its licensors and licensees, and their respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use or misuse of the Website and/or the Services; (b) your breach of these Terms, any Additional Terms, or the Privacy Policy; (c) your violation of any applicable law or the rights of any third party; or (d) any Content you submit, post or transmit through the Website.

16. Force Majeure

16.1 Yatzo shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labour disputes, power or telecommunications failures, cyberattacks, or failures of third-party service providers.

16.2 Yatzo will use reasonable efforts to notify affected Visitors and Subscribers of any such event and to resume performance as soon as reasonably practicable thereafter.

17. Assignment

17.1 You may not assign, transfer or delegate any of your rights or obligations under these Terms without the prior written consent of Yatzo.

17.2 Yatzo may freely assign, transfer or delegate these Terms, in whole or in part, including to any licensor or licensee of Yatzo or to any successor entity, or in connection with any merger, acquisition, corporate reorganisation, or sale of assets, without your consent and without notice to you.

18. Entire Agreement and Separability

18.1 These Terms of Use, the Privacy Policy and any Additional Terms, including any changes or amendments, constitute the entire agreement between you and Yatzo with regard to the Website.

18.2 Yatzo is free to conclude with any Visitor, upon request, an agreement completing these GTC. Provided that such agreement prevails, these GTC remain fully applicable to the entire relationship between Yatzo and the Visitor.

18.3 Yatzo's delay or failure to exercise or enforce any right or provision of these GTC shall not constitute or be construed as a waiver of such right.

18.4 If any provision of these Terms is judged null and void and/or invalidated by a tribunal, the Visitor and Yatzo agree that their intention, as emanating from this document, is to preserve the validity of this agreement to the greatest possible extent, and any other provisions of these GTC will remain in force and effect. Headings for each section have been included above for convenience only and have no legal meaning.

19. Various

19.1 Translations of these Terms of Use are made available to the Visitor as a courtesy. Only the English version is legally valid. It is the responsibility of Visitors to ensure they understand the content of the GTC. Translated versions merely serve to improve comprehensibility; in the event of contradictions, the English text shall prevail.

19.2 These Terms of Use apply to all use of the Website and the Services, whether occurring now or in the future. Yatzo may amend these Terms of Use from time to time in accordance with Section 1.5. The most recent version, as published here, shall be applicable.

20. Governing Law and Jurisdiction

20.1 Governing law. These Terms of Use, and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with them, their subject matter or their formation, are governed by and shall be construed in accordance with the law of the Isle of Man, to the exclusion of its rules of private international law.

20.2 Jurisdiction. Each party irrevocably agrees that the courts of the Isle of Man shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with these Terms of Use, their subject matter or their formation. Nothing in this Section limits the right of Yatzo to bring proceedings against a Visitor or a Subscriber before any other court of competent jurisdiction, including the courts of the place where that person is domiciled or established or where its assets are situated, and the commencement of proceedings in one jurisdiction does not preclude Yatzo from commencing proceedings in another, whether concurrently or not. This Section is subject to Section 20.3.

20.3 Consumers. Sections 20.1 and 20.2 apply only so far as the law permits. A person who uses the Website as a consumer and is habitually resident in Switzerland, the European Union, the European Economic Area or the United Kingdom retains the protection of the mandatory provisions of the law of the country of his or her habitual residence; may bring proceedings against Yatzo before the courts of that country; and may be sued by Yatzo only before those courts. Nothing in these Terms limits the right of a data subject under Article 79 of Regulation (EU) 2016/679 to bring proceedings before another competent court.