Terms and Conditions for the use of our website and services

1.Scope of these terms and conditions

These terms and conditions (“T&C”) govern your use of the banana.ch website (operated by banana.ch SA, Lugano, Switzerland; “banana.ch” or “we”) and any services provided to you on this website, including software (such as, but not limited to, the Banana WebApp), content, updates, new releases and support (including support via phone at hotlines in our website) (with the use, collectively, the “Services”). It includes by reference

(i) our Privacy Statement available on this website;
(ii) the additional terms and conditions for the Services you have selected; in particular, if the selected Service is software, the license to use such software is also governed by the relevant Software License Agreement (terms and conditions for previous versions of the software are available on the website);

By using our website you agree to be bound by these T&C. You should read these T&C carefully before using our website, our Services or placing any order within this website.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

To the extent that the Services include or interface with third parties’ services or websites, the respective terms of services and use provisions issued by such third parties shall apply and you undertake to comply with them.

2. User Account

During the purchase process for Services, you will be asked to enter your email address and billing information. We will process the personal data you provide to handle your orders and for the purposes outlined in our Privacy Policy.

During the purchase process, you may choose to create a user account by entering a password. The user account may also be created later by accessing the section of the website dedicated to account management. If you choose to create a user account, you agree to keep your login credentials (particularly user ID and password) secure and are responsible for any use of our website and Services by third parties using your credentials. You agree to notify us if you become aware of any unauthorized access to your user account. Banana.ch may at any time require you to change your access credentials (in particular user ID and password).

Creating a user account allows you to manage your subscriptions and related billing, including the ability to deactivate automatic renewal for licensed software.

In your user account and during the payment process, banana.ch has no access to and does not store your payment method data. The payment process is managed by third-party payment service providers, and their terms of use and privacy policies apply.

3.Purchase of Services

Any order placed by you shall be binding on banana.ch only upon order confirmation by us, to be sent to you through an e-mail message or other type of messages. banana.ch may at its own discretion refuse any order.

Details regarding the Services available for purchase, including available pricing plans and their features, are provided on the website.

If any Service that you have ordered is not available, banana.ch shall not be bound by any obligation to deliver; in this event we will inform you about non-availability of the ordered Service and reimburse the amount, if any, already received in payment of relevant price.

To the extent that banana.ch’s software is ordered by you, such software shall be licensed to you in accordance with the terms of the relevant Software Licence Agreement. Notwithstanding anything to the contrary in this T&C, in such case the relationship between you and banana.ch shall also be governed by the Software Licence Agreement, whose provisions shall prevail on the terms set forth herein in the event of conflict with these T&C.

In the event of purchase of Services, the relevant contract between banana.ch and you shall be understood as concluded only upon written confirmation of the order sent to you through an e-mail message or other type of message by banana.ch.

Any shipment and delivery costs shall be charged on you at the time of shipping the ordered Services, according to the delivery fees in force at that time and as indicated in the applicable section of this website.

Payment must be made by you at the time of order using a credit card or any other payment method made available during the purchase process. Payment shall be made in the currency indicated in the price as displayed in the applicable section of this website.

banana.ch is entitled, at its discretion, to withhold, suspend or cancel delivery or fulfillment of any of its obligations under any contract with you in case of material non fulfillment or breach by you of obligations arising out of previous or concurrent contract(s) with banana.ch.

Warranty and liability shall be governed by Clauses 8 and 9 below.

4.Contents

Users of our website (including you) may have the possibility to upload, post or store on or through our website materials (including hyperlinks texts). Various contact forms are also available on our website, which can be used as a general contact method or as a tool for support services. Materials and information shared by users are referred to in these T&Cs as “Content.”. Banana.ch is not responsible for the Content or data you or third parties submit through the Services.

You are responsible for all Content shared with banana.ch through your use of the Services. You grant banana.ch a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. It is your responsibility to retain a copy of any shared Content. Banana.ch assumes no liability for lost or unrecoverable Content.

You also agree that banana.ch may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials and make them available to third parties.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any unlawful Content, including Illegal, fraudulent, defamatory, offensive or inappropriate Content, Content that breaches third parties’ or banana.ch’s intellectual property rights such as copyrights and trademarks, or is in breach of privacy legislation, Content that contains viruses, trojan horses, worms or other disruptive or harmful software or data.

The Services may include features for exchanging Content with other users of the Services and with the public (e.g. forums or links to social networks). Banana.ch is not responsible for Content shared through these features. Users may also post hyperlinks to third-party content: banana.ch is not responsible for such links or their content.

Banana.ch may, but is not obligated to, monitor Content posted by you or third parties in the Services. At its sole discretion, banana.ch may remove or refuse to remove or distribute any Content, in whole or in part, that in its exclusive judgment may be considered unacceptable, undesirable, inappropriate, or in violation of this agreement.

Your use of third parties’ Content is at your own risk and banana.ch disclaims any warranty in connection thereto including that such Content is correct, up-to-date, safe, non-infringing and lawful.

5.Ancillary Materials

You acknowledge that through our website you may have the possibility to download adds-on or extension programs, including apps (such as so-called Banana Extensions), as well as additional materials, such as special forms, template or sheets incorporating text, data and formula (hereinafter collectively referred to as Ancillary Materials). Ancillary Materials may be designed and made available by Banana.ch, third parties or communities to operate with banana.ch’s own or other software. Banana.ch disclaims any warranty in relation to the downloading, installing and using of such Ancillary Materials and their use will occur at your own risks.

To the extent that the Ancillary Materials are third parties Content, Clause 4 fully applies notwithstanding they may be available through our software, on special sections of our website (including sections that can be accessed only upon registration) or on third parties websites or online shops that are connected to our websites through hyperlinks.

To the extent that Ancillary Materials are downloaded from third parties websites or online stores connected to our website, any third parties terms of services for such websites or online stores shall be applicable in addition to this T&C and you undertake to comply with them.

You acknowledge that Ancillary Materials, in spite of their indication relating to different jurisdictions, may not be entirely compliant with local legislation, requirements or standards and/or up-to-date and you will therefore use them at your own risk and banana.ch disclaims any warranty in connection with the use of Ancillary Materials in any specific jurisdiction. Before relying on them you should verify them with your local professional advisors to ensure compliance with local legislation, requirements and standards.

6.Support Services

To the extent that banana.ch provides you support as Service, such support is exclusively of technical nature. Banana.ch is not in the business of providing legal, financial, accounting, tax, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

In addition in the event support Service is free of charge, it is provided by banana.ch “as is” and any and all warranties, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law. banana.ch is not responsible for the Content or data you submit through the Services in connection with support Services.

7.Communication networks connection and security

Use of these Services may be available through Internet access, including through mobile devices. You agree that you are solely responsible for securing internet connection at your expenses. Banana.ch disclaims any warranty as to the continuity of internet connection and any corruption or interception of information during the transfer or download.

If when using or receiving our Services, including support Services, you send us any data or information relating to you, your business, accounting processes or financial or other information, including sensitive personal data, we will treat them confidentially and take appropriate measures to mitigate any potential risk of unauthorized third-party access. You acknowledge that the transfer of such information to us or from us to you will take place through communication networks that may not be secure and we disclaims any warranty in relation to interception, unauthorized access or corruption of such information during its communication or while stored with us.

8.Warranty

Without prejudice for (and without limiting in any way) any warranty disclaimer contained in these T&C, banana.ch warrants that the Services will substantially conform with the specification set out in the relevant section of this website or of the materials delivered with the Service.

In the event of such non conformity, subject to any other additional disclaimer contained in these T&C, and unless otherwise provided for under mandatory applicable law, you are entitled to a warranty covering the defects for which warranty is given hereunder of the Services purchased for 90 (ninety) days from delivery, provided that any such defect must be reported to banana.ch within 10 (ten) days from relevant discovery. Any claim beyond the mentioned timeframes shall be ineffective and deemed forfeited.

Subject to the conditions set forth herein, in the case of breach of warranty you are entitled to ask for and receive a refund for the amount paid for the defective Service. If banana.ch is able to confirm that such Service does not conform with the warranted standard, banana.ch shall send to you an e-mail message confirming the acceptance of the return of the defective Service and start the refund procedure in order to reimburse you for the price paid for the defective item or service in the following thirty (30) days. This shall be the only remedy available to you and any other statutory remedy is excluded to the maximum extent allowed under applicable law.

Notwithstanding the preceding provisions, in the event of Services provided for free, the Services are provided “as is” and any and all warranties, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law.

To the extent permitted by the applicable law, banana.ch disclaims all other warranties with respect to the Services provided by it, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.

9.Limitation of liability

Any liability (whether in contract, tort or other legal basis) of banana.ch for the breach of any obligation hereunder (including breach of warranty) or in connection with the delivery to, or use by, you of any Service (including use of this website) provided by banana.ch is excluded, unless banana.ch has acted gross negligently or in wilful intent.

Notwithstanding the generality of the foregoing and to the maximum extent allowed under the applicable law, banana.ch expressly excludes liability for consequential loss, damage of, or corruption to, other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.

10.Right of withdrawal

For subscription-based Services, the cancellation terms are defined in the applicable Software License Agreement.

Support Services may be canceled at any time. However, fees for support services already rendered will still be fully payable.

11.Suspension/Discontinuation of Services and Termination

Banana.ch may immediately, in its sole discretion and without notice, at any time suspend or discontinue any Service or make any Service available only upon payment of a charge.

We may further terminate this agreement forthwith without notice if you fail to comply with these T&C. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this agreement shall not affect our rights to any payments due to us. We may terminate a free account at any time.

12. Miscellaneous

Force Majeure: Neither party shall be liable to the other for failure to fulfill its obligations under these T&Cs to the extent such failure is due to causes beyond their reasonable control.

Severability: In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law and the invalid, unlawful or unenforceable provision shall be replaced by a valid, lawful and enforceable provision that, from its commercial purpose, it comes closed to the invalid, unlawful or unenforceable provision.

Amendments: We reserve the right to change these T&C at any time, and the changes will be effective when posted on through the Services, on our website or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

Waiver: Failure or neglect by banana.ch to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of banana.ch's rights hereunder nor in any way affect the validity of the whole or any part of these T&C nor prejudice our rights to take subsequent action.

Headings: The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of these T&C.

13.Governing law and Jurisdiction

These T&C and any contract entered into hereunder shall be subject to and governed by Swiss Law.

Subject to mandatory legal provisions providing otherwise, the Courts of Lugano, Switzerland, shall have exclusive jurisdiction on any dispute, controversy or claim arising out of or in relation to these T&C and any contract entered into hereunder, including the validity, invalidity, breach or termination thereof. Notwithstanding the preceding sentence, banana.ch shall be entitled to bring action against Customer in the courts at the latter’s domicile.

Last updated: June 30, 2025