Terms and Conditions

1. Purpose and acceptance

These Terms set out the conditions under which BROCO makes available to users a platform that connects people around activities tied to Swiss regional heritage (workshops, tastings, visits, traditional craftsmanship, regional gastronomy), as well as the conditions of the Pro subscription intended for Producers.

Access to the platform and use of the services provided are conditional on full and unreserved acceptance of these Terms. By ticking the acceptance box at sign-up, or otherwise by using the platform, the user acknowledges having read, understood, and accepted these Terms.

BROCO reserves the right to amend these Terms at any time in accordance with section 21.

2. Definitions

In these Terms, capitalised terms have the following meanings:

• "Platform": the website, the progressive web application (PWA), and all online services published by BROCO, accessible from broco-app.com and its subdomains.
• "Registered User": any natural person who is of legal age or at least 16 years old and who creates a user account on the Platform for non-professional purposes.
• "Producer": any natural or legal person carrying out a professional activity linked to Swiss regional heritage (artisan, producer, service provider) who creates a professional account on the Platform and, where applicable, subscribes to the Pro subscription.
• "User": a generic term referring indistinctly to a Registered User or a Producer.
• "Activity": any workshop, tasting, visit, event, or service offered by a Producer on the Platform and linked to Swiss regional heritage.
• "Account": the personal space allocated to a User allowing access to the Platform's services.
• "Content": any data, text, image, photograph, comment, review, message, post, or item of any kind published by a User on the Platform.
• "Pro Subscription": the paid plan giving access to the professional features of the Platform.
• "Stripe": Stripe Payments Europe Ltd., the payment services provider used by BROCO to collect the Pro Subscription.

3. Publisher of the Platform

The Platform is published by BROCO, headquartered in Lausanne, Suisse.

Contact: jeremie@broco-app.com.

Languages in which the service is provided: French, German, English, Italian.

4. Hosting and technical data

The web application (Next.js front-end) is hosted by Vercel Inc., in the Frankfurt region (European Union).

The API server and the PostgreSQL database are hosted by Railway Corporation, in a European Union region.

The Platform's mapping features rely on open data and open-source software:

• © OpenStreetMap contributors — ODbL licence. More information at openstreetmap.org.
• Tiles provided by OpenFreeMap / OpenMapTiles.
• Map rendering by MapLibre GL JS.

5. Registration and account creation

Registration on the Platform is free for Registered Users. Account creation is open to any natural person aged at least sixteen (16) years. Minors under 16 are not allowed to create an Account.

When registering, the User undertakes to provide accurate, complete, and up-to-date information, in particular an email address and a name. Any information that is inaccurate, incomplete, or fraudulent may result in suspension or termination of the Account.

The User is solely responsible for the confidentiality of their login credentials (email address and password). They undertake not to share these with third parties and to notify BROCO without delay of any unauthorised use of their Account.

Registration may also be carried out through a third-party identity provider (Google). In this case, the User accepts that BROCO receives from the provider the information strictly necessary to create the Account, in accordance with the Privacy Policy.

6. Service description

BROCO publishes a platform that connects Registered Users and Producers around Activities linked to Swiss regional heritage. The Platform enables Registered Users to discover, follow, and get in touch with Producers, as well as browse and express interest in the Activities offered.

IMPORTANT: BROCO is not a party to the transactions concluded between Registered Users and Producers in connection with an Activity. BROCO does not collect, process, or transfer any payment relating to a booking, registration, or participation in an Activity. Any payment, invoicing, refund, cancellation, or modification of an Activity is handled directly between the Registered User and the relevant Producer, outside the Platform.

BROCO does not act as a mandatary, representative, commercial agent, or party to the contract concluded between a Registered User and a Producer. BROCO provides only a technical service of putting users in touch and hosting content.

The Platform is provided "as is" and "as available". BROCO endeavours to ensure its continuous availability but cannot guarantee the complete absence of interruption or error.

7. Registered User and Producer accounts

Two types of Accounts coexist on the Platform: the Registered User Account, intended for consumers wishing to discover Activities, and the Producer Account, intended for professionals wishing to offer their Activities.

Switching from a Registered User Account to a Producer Account requires the creation of a professional profile and the purchase of the Pro Subscription under the conditions set out in section 9.

A single User may simultaneously hold a Registered User profile and a Producer profile, provided that the rules applicable to each type of account are respected.

8. Bookings and participation in Activities

When a Registered User expresses interest in an Activity, they enter into a direct relationship with the relevant Producer. Any booking, confirmation, payment, cancellation, refund, or modification falls exclusively within the contractual relationship between the Registered User and the Producer.

Each Producer freely sets the conditions of their Activities, in particular prices, payment terms, booking lead times, and their own cancellation policy. BROCO does not impose any universal cancellation policy and does not intervene in disputes between a Registered User and a Producer, save in cases of fraudulent use or serious breach of these Terms.

The Registered User is invited to review the Producer's specific terms before any booking. The Producer is required to communicate their terms clearly and accessibly.

9. Pro Subscription

The Pro Subscription is the paid plan giving Producers access to the professional features of the Platform. It is open to any natural person of legal age or legal entity with the legal capacity to enter into contracts and carrying out a professional activity linked to Swiss regional heritage.

• Price: CHF 9.99 per month, inclusive of all taxes.
• First month free (free trial); at the end of the trial period, the Pro Subscription is billed automatically, unless the Producer cancels before the end of the trial.
• Tacit monthly renewal from the end of the trial period.
• Cancellation at any time, free of charge and without notice, from the Stripe customer portal accessible via the Platform. Cancellation takes effect at the end of the current monthly period; no refund, even partial or pro-rata, is due for the period already started.
• Payment processed exclusively via Stripe; BROCO does not store or have access to the Producer's card data, which is handled exclusively by Stripe.
• In the event of a failed payment, Stripe carries out automatic retry attempts in accordance with its standard dunning cycle; access to Pro features may be suspended during this period. In the absence of payment by the end of the dunning cycle, the Pro Subscription is automatically terminated and the Account may be downgraded to a Registered User Account.
• Price changes: any change is notified to the Producer at least thirty (30) days before it takes effect. The Producer may cancel free of charge before the new price takes effect; failing cancellation, continued use of the Pro Subscription constitutes acceptance of the new price.

10. Producer obligations

The Producer declares and warrants that they hold all administrative, professional, and regulatory authorisations required to carry on their activity and provide their Activities (operating permits, sectoral licences, mandatory memberships, etc.). They indemnify BROCO against any claim in this regard.

The Producer undertakes to publish on their profile and about their Activities information that is accurate, complete, and up to date. Any misleading or deceptive information may result in suspension or termination of the Pro Subscription and the Account.

The Producer is solely responsible for the legal compliance of their Activities, in particular for compliance with the following obligations:

• Operating permits, licences, and administrative authorisations;
• Food hygiene rules (in particular for tastings, culinary workshops, sales of food products);
• Safety rules applicable to receiving the public and conducting Activities;
• Taking out the professional insurance required or recommended (professional civil liability, premises insurance, etc.);
• Consumer protection obligations;
• Tax, social-security, and accounting obligations relating to their activity;
• Respect for the rights of Registered Users, in particular with regard to personal data protection.

11. BROCO's role — hosting provider and intermediation

BROCO acts as a host of Content posted by Users. In that capacity, BROCO does not exercise prior control over the Content posted and cannot be held liable for it, within the limits set by applicable Swiss law and the principles of hosting-provider non-liability.

BROCO acts only as a technical intermediary and is not, under any circumstances, a party to the contracts concluded between Producers and Registered Users. BROCO does not warrant the quality, safety, or legality of the Activities offered by Producers.

BROCO cannot be held liable for direct or indirect damages resulting from the organisation, performance, or cancellation of an Activity by a Producer, nor for disputes between Producers and Registered Users. BROCO's liability towards a Producer, where it may be incurred, is in any event limited to the amount of sums actually received from that Producer during the twelve (12) months preceding the triggering event, subject to mandatory applicable provisions.

The Producer indemnifies BROCO against any claim, action, or judgment resulting from a breach of their legal or contractual obligations or from the provision of their Activities.

12. Content published by Users

The User retains intellectual property rights in the Content they publish. However, by posting Content on the Platform, the User grants BROCO a non-exclusive, royalty-free, transferable, and sublicensable licence, valid for the legal duration of protection of the rights and worldwide, for the purposes of hosting, reproducing, displaying, adapting (solely for technical formatting needs), distributing, and exploiting the Content on the Platform and in promotional communications relating to the Platform.

The User warrants that they hold all the rights necessary in the Content published, that they do not infringe third-party rights (in particular image rights, copyright, neighbouring rights, trademark rights), and that they indemnify BROCO against any claim in this regard.

The User may delete their Content at any time, it being understood that backup copies may be retained for a limited period for technical or legal purposes, in accordance with the Privacy Policy.

13. Rules of use and prohibited content

The Platform is dedicated to promoting Swiss regional heritage (gastronomy, craftsmanship, regional tourism, local know-how). Any Content unrelated to this purpose is liable to be removed.

The following are notably prohibited on the Platform:

• Content that is unlawful under Swiss law or under the law applicable to the User;
• Content promoting narcotics, weapons, violence, or illegal activities;
• Content of a sexual or pornographic nature or that undermines human dignity;
• Hateful, racist, discriminatory, defamatory, or insulting Content;
• Spam, off-platform solicitation, or unauthorised advertising;
• Content infringing copyright, trademarks, or any other intellectual property right of a third party;
• Content unrelated to Swiss regional heritage Activities;
• Any attempt to circumvent the technical or security measures of the Platform.

14. Ratings, reviews, and comments

The Platform may allow Registered Users to publish reviews, ratings, and comments concerning Producers and Activities. These reviews must be sincere, based on a real personal experience, and expressed in good faith.

In accordance with the Swiss Federal Act against Unfair Competition (UCA/UWG), any manipulation, purchase, falsification, or incentive to publish misleading reviews is strictly prohibited. This prohibition applies to both Registered Users and Producers. The Producer undertakes, in particular, not to create fake Registered User Accounts to self-rate and not to pressure Registered Users to obtain a favourable rating; any breach may result in immediate suspension of the Pro Subscription.

BROCO reserves the right to moderate, remove, or refuse the publication of any review that does not comply with these Terms or applicable law. The Producer has a right of reply to reviews concerning them, subject to the technical means offered by the Platform.

15. Reporting of unlawful content

Any person aware of manifestly unlawful Content is invited to report it to BROCO by email at the following address: jeremie@broco-app.com. The report must include precise identification of the Content at issue, its URL or location on the Platform, the legal grounds for the takedown request, and the notifier's contact details.

Following review, BROCO may remove manifestly unlawful Content within a reasonable timeframe. BROCO reserves the right to request additional information from the notifier.

16. Suspension and termination

The User may terminate their Account at any time and without notice from their Account settings or by request sent to jeremie@broco-app.com. Termination results in deactivation of the Account and deletion or anonymisation of personal data in accordance with the Privacy Policy.

The Producer may terminate the Pro Subscription in accordance with section 9. Termination of the Pro Subscription results, at the end of the paid period, in loss of access to Pro features and possible downgrade of the Account to a Registered User Account.

BROCO may suspend or terminate a User's Account and, where applicable, the Pro Subscription, without notice and without compensation, in the event of a breach of these Terms, applicable laws, or in the event of conduct that undermines the integrity of the Platform, the safety of other Users, or BROCO's reputation. In the event of termination for breach, no refund of the current Pro Subscription is due.

In the event of termination, Content posted by the User may be retained for evidentiary or legal-obligation purposes, in accordance with the Privacy Policy.

17. Platform intellectual property

The "BROCO" trademark, the logo, the graphic identity, the domain name, editorial content, databases, software, and source code of the Platform are the exclusive property of BROCO or its licensors. They are protected by Swiss and international intellectual property law.

Any reproduction, representation, modification, adaptation, translation, commercial exploitation, or substantial extraction of all or part of the Platform is prohibited without BROCO's prior written consent.

18. Taxation and invoicing

Each Producer is solely responsible for their taxation and reporting obligations in respect of the Activities they provide. BROCO does not act as a collecting agent or third-party payer.

BROCO issues, via Stripe or by any equivalent means, a monthly invoice for the Pro Subscription. Applicable VAT is determined in accordance with current Swiss law.

Invoices are made available to the Producer from their Pro area or by electronic means. The Producer is required to retain these documents in accordance with their accounting obligations.

19. Hyperlinks

The Platform may contain hyperlinks pointing to third-party sites. BROCO exercises no control over these sites and disclaims any liability for their content, availability, or data protection practices.

20. Personal data

The processing of Users' personal data is governed by the Privacy Policy, accessible from the Platform. That policy sets out, in particular, the categories of data collected, the purposes, the legal bases, the recipients, the retention periods, and the rights of data subjects under the Swiss Federal Data Protection Act (nFADP/revDSG) and the EU General Data Protection Regulation (GDPR).

For any question relating to the processing of your data, you may write to jeremie@broco-app.com.

21. Changes to the Terms

BROCO reserves the right to amend these Terms at any time. Any material change is notified to Users at least thirty (30) days before it takes effect, by any appropriate means (in-Platform notification, email, or publication of the new Terms on the Platform).

Unless the User expressly objects within that period, continued use of the Platform constitutes acceptance of the amended Terms. In case of disagreement, the User may terminate their Account in accordance with section 16.

22. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-laws rules.

Any dispute relating to the formation, interpretation, performance, or termination of these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Lausanne, Suisse, subject to mandatory provisions applicable to consumers.

23. Contact

For any question relating to these Terms, the user may contact BROCO at the following email address: jeremie@broco-app.com.