Terms
Terms of use
Version 1.0 ·
This is a draft for legal review. Governing law, liability caps, and consumer provisions must be confirmed for wait, what. AG under Swiss law and, where you serve the EU/UK, applicable consumer and online rules.
1. Who we are
These terms govern your use of the website getfyt.co (and related public pages), waitlist and contact forms, and the FYT web application at app.getfyt.co and associated services (together, the Services), which are provided by wait, what. AG, Switzerland (we, us). B2B customers may also be bound by a separate order form or data processing agreement.
By using the Services you agree to these terms and to our Privacy Policy. If you do not agree, do not use the Services.
2. The Services
FYT offers psychometric and related software for self-insight, matching, and growth, as described on getfyt.co and in the product. Features may change; we do not guarantee uninterrupted or error-free operation. We may suspend or change the Services for maintenance, security, or legal reasons.
3. Eligibility and accounts
You must be able to form a binding contract in your country (typically at least 18, or the age of majority). You are responsible for the accuracy of the information you provide. You are responsible for safeguarding your account credentials. Notify hello@getfyt.co of any unauthorised use.
4. No medical, legal, or other professional advice
The Services, including any assessments, scores, or in-product content, are not medical devices and not a substitute for professional health, legal, or other advice. For health concerns, consult a qualified professional. You use the Services at your own risk in this respect to the extent permitted by law.
5. Acceptable use
You agree not to: (a) use the Services unlawfully, fraudulently, or in a way that harms others; (b) attempt to access systems or data without authorisation; (c) reverse engineer or try to extract source code except as permitted by law; (d) use the Services to build a competing product by systematic scraping; (e) send malware or spam; (f) interfere with the Services’ security or performance. We may remove content or suspend access if we reasonably believe you have violated these terms.
6. Your content and licence
You retain your rights in content you submit. You grant us a non-exclusive, worldwide, sublicensable licence to host, use, process, and display that content only to operate, secure, and improve the Services and to comply with law, until you delete it or close your account (subject to technical retention and legal obligations described in the Privacy Policy).
7. Intellectual property
We and our licensors own the Services, the FYT brand, software, text, and design, except for your content. You receive a limited, personal, non-exclusive, non-transferable right to use the Services under these terms. No other rights are granted. Feedback you give us may be used by us without obligation to you, except where the law provides otherwise.
8. Third-party services
The Services may link to or integrate with third parties (e.g. hosting, payment, auth). Their terms and privacy policies apply in addition. We are not responsible for third-party services.
9. Disclaimers
To the maximum extent permitted by applicable mandatory law, the Services are provided “as is” and “as available”. We disclaim warranties of title, non-infringement, merchantability, and fitness for a particular purpose, except for any warranties that cannot be validly disclaimed in your jurisdiction.
10. Limitation of liability
To the maximum extent permitted by applicable mandatory law, we are not liable for indirect, incidental, special, consequential, or punitive damages (including loss of profit, data, or goodwill). Our aggregate liability for all claims arising from or related to the Services in any 12-month period is limited to the greater of (a) the amounts you paid to us for the Services in that period, or (b) CHF 100, if you are a consumer in the sense of mandatory consumer law; for business users, the cap is the greater of the fees you paid to us in the 12 months preceding the claim and CHF 100, unless mandatory law requires a different rule — confirm with counsel. Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under law.
11. Indemnity
You will defend and indemnify us against third-party claims, damages, and costs (including reasonable legal fees) arising from (a) your content, (b) your breach of these terms, or (c) your misuse of the Services, in each case to the extent permitted by law and subject to [confirm enforceability in CH/EU for consumers].
12. Termination
You may stop using the Services at any time. We may terminate or limit access with or without notice where we reasonably need to (e.g. legal duty, non-payment in paid tiers, or serious breach). Provisions that by their nature should survive (e.g. liability limits, IP, applicable law) survive termination. Data handling after closure is set out in the Privacy Policy.
13. Price and payment
If you purchase paid features, the price, billing cycle, and taxes are as shown at purchase or in a separate order. [Add refund and subscription rules when applicable.]
14. Governing law and jurisdiction
These terms are governed by Swiss law, without regard to conflict-of-law rules, except that mandatory consumer protections in the country of your residence may apply. Subject to such mandatory rules, the courts at the registered seat of wait, what. AG [insert register seat] have exclusive jurisdiction for business users; for consumers, you may have additional rights to sue in your place of residence where the law so provides. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
15. Out-of-court settlement (EEA/UK consumers)
European Commission online dispute resolution (ODR) platform: ec.europa.eu/odr. We are not obliged to participate in consumer arbitration bodies unless required by law — confirm for your set-up.
16. Export
You must comply with applicable export control and sanctions laws. You may not use the Services in or for the benefit of embargoed countries or listed parties where prohibited.
17. Changes
We may update these terms. We will post the new version and the effective date. Where required, we will provide prior notice. Continued use after the effective date of material changes may constitute acceptance where permitted by law. If you do not agree, stop using the Services before the change takes effect, where the law allows.
18. Contact
Questions: hello@getfyt.co · Imprint / legal information