1. Scope of application

These General Terms and Conditions (“GTC”) govern the contractual relationship between the advertiser and Loyzo Technology GmbH (“Operator”) regarding digital advertising on the website ( and applications of LOYZO (“Platform”).

Digital advertising includes the placement of one or more advertising media on the platform. Advertisements and other forms of digital advertising are deemed to be advertising media.

Advertising order” means the order of the advertiser for the placement of one or more advertising media on the platform. Integral contractual components of these GTC are the rules published online by the operator or LOYZO or otherwise communicated to the advertiser in a suitable manner (e.g. by e-mail or in writing), which specify in more detail the rights and obligations of the parties with regard to digital advertising for the platform, the available advertising media as well as the procedure, content, price, rates and processing of the advertising.

The application of the advertiser’s GTC is expressly excluded. This also applies in the event that the advertiser refers to its own GTC and the operator or LOYZO fails to expressly reject the advertiser’s GTC in the specific case.

2. Conclusion of the advertising contracts

The placing of advertising orders by the advertiser must be in writing. As a rule, the advertiser submits a signed application form which describes the desired form of digital advertising. When submitting the signed application form, the advertiser expressly declares his agreement to these GTC. Acceptance by the operator or LOYZO takes place by means of written confirmation (“confirmation”). The contract (“contract”) is concluded by the dispatch of the written confirmation by the operator or LOYZO.

An e-mail satisfies the written form requirement within the scope of these GTC.

3. Modification and suspension of advertising orders/cancellation by LOYZO

The amendment and suspension of advertising orders must be made in writing. If the contract has been concluded (i.e. the confirmation has been received), changes to the advertising order by the advertiser or its auxiliary persons are in principle subject to a charge. For the changed advertising order or the suspension of the advertising order, the respective current rates of the operator or LOYZO apply. At least the originally agreed remuneration remains owed in any case. This applies in particular if the scope of the advertising order is reduced after confirmation or if the advertising order is cancelled entirely.

The operator or LOYZO can make changes to the advertising materials and advertising media within the framework of sections 4 and 5 of these GTC. If the platform ceases its activity before the publication of the advertising materials and the advertising media, LOYZO may withdraw from the contract without any obligation to provide compensation. Despite withdrawal from the contract by the operator or LOYZO, the advertiser is still obliged to pay for advertising material that has already appeared. Additional discounts on services already provided will not be granted.

4. promotional materials

4.1 Obligation of the advertiser to provide advertising material

When placing advertising orders, the advertiser undertakes to provide the necessary material for the digital advertising at his own expense (images, texts, logos, etc.). Before placing the advertising order, the advertiser checks whether the material meets the current technical requirements of the operator or LOYZO.

4.2 Responsibility of the advertiser for the advertising material

The advertiser bears sole responsibility for the advertising material provided, in particular this applies to the content of the advertising material. He is obliged to comply with the applicable legal system and not to infringe any third-party rights. The advertiser checks the advertising material for legality before making the advertising material available to the operator or LOYZO.

4.3 Design specifications

The application form or the advertising order of the advertiser may contain specifications regarding the design of the advertising media. Within the scope of technical possibilities, the operator or LOYZO undertakes with the confirmation to comply with these design specifications.

The advertising materials or digital advertising must be clearly distinguishable in writing and design from the editorial part and from the contributions of the users of the platform. The logo or the name of LOYZO as well as of LOYZO’s products, websites and apps may only be used in the advertising materials with the written consent of the operator or LOYZO. If a digital advertisement does not distinguish itself clearly enough, the operator or LOYZO will additionally mark the advertising media with a heading in the sense of “Advertising”, “Advertisement” or similar references.

When designing the advertising materials, care must be taken to ensure that the advertising materials can be displayed perfectly on the screen or smartphones or other reproduction devices. In particular, suitable fonts and sufficiently thick lines must be used.

The operator or LOYZO uses the new German legal spelling and reserves the right to adjust obvious errors in the advertising materials accordingly without consultation.

4.4 Political advertising

Any advertising material which is obviously intended to influence opinion-forming with regard to elections or votes must be published well in advance of the ballot or the date of the election or vote. Political opponents must be given the opportunity to publish their advertising material in advance and to present counter-positions.

4.5 Indemnification/consequences of defective advertising material

The advertiser indemnifies – as far as legally possible – the operator or LOYZO, its organs and auxiliary persons from any claims of third parties. After a notice of dispute has been issued, the advertiser is obliged to join the lawsuit. The advertiser thus assumes the handling and defence of any legal disputes, claims for damages, other actions and claims. In particular, the advertiser shall bear all court and out-of-court costs incurred to protect the rights of the operator, its bodies, employees and auxiliary persons.

If the advertiser provides the advertising material incompletely, too late or defectively or if the material does not meet the current technical requirements, the advertiser shall bear the consequences alone.

4.6 Counterstatements

If counterstatement requests relate to advertising material of the advertiser, the operator or LOYZO will contact the advertiser to discuss the further procedure. The advertiser shall indemnify the operator against all costs arising from the need for a counterstatement.

The further modalities concerning the assumption of legal disputes, lawsuits and claims etc. according to Clause 4.5 also apply to counterstatements demanded by third parties on the basis of advertising media of the advertiser.

5. Placement and design of advertising material on LOYZO

5.1 Placement requests

The advertiser can make placement requests by means of the application form or when placing the advertising order. The placement wishes of the advertiser are not binding for the operator or LOYZO. For technical reasons, the operator or LOYZO may move the advertising media without consulting the advertiser.

5.2 Placement requirements

The advertiser may agree placement specifications with the operator or LOYZO by prior arrangement when placing the advertising order. These placement specifications are only binding if they have been agreed with the operator or LOYZO in writing and the operator or LOYZO confirms the placement specifications and expressly refers to the binding nature of the placement specifications.

If possible, the advertiser will be informed in advance by the operator or LOYZO if a placement requirement cannot be met for any reason.

5.3 Exclusion of competition

The operator or LOYZO cannot guarantee that digital advertising by competitors will not be published on the platform at the same time.

5.4 Design of the platform

The sole responsibility for the design of the platform lies with LOYZO or the operator. LOYZO or the operator have the right to change the content and design of the platform at any time. The advertisers do not have to be informed in advance of a change in the content and design of the platform.

6. Publication of digital advertising

The operator or LOYZO may at any time demand changes to the advertising materials, refuse or suspend the publication of advertising materials or refuse advertising orders without giving reasons.

Until revoked, the advertiser allows the operator or LOYZO to publish the advertising materials on the platform or in any other way and to process them for this purpose. The advertiser expressly gives his consent that the operator or LOYZO may also use the advertising materials elsewhere online and in particular also make them available to third parties. The advertiser ensures that the publication of the advertising media or the advertising materials, in the specified and/or agreed form, with the provided content and to the specified extent, neither violates the applicable legal system nor infringes the rights of third parties.

7. Data protection

LOYZO’s privacy policy applies analogously.

8 Liability and warranty

8.1 General exclusion of liability

Any liability of the operator or LOYZO is excluded to the extent permissible. The liability for auxiliary persons of the operator or LOYZO is generally excluded. Liability in the event of liability is also limited to direct damages and in terms of amount to a maximum of the amount of the remuneration paid by the advertiser for the advertising orders in question or the amount of a credit note used by the advertiser from the operator or LOYZO for the placement of the digital advertising in question.

8.2 Disclaimer regarding publication/warranty

The operator or LOYZO is not liable for the appearance or publication of an advertising medium, the timely placement, the placement or the timely, trouble-free and error-free display. All claims for damages are excluded.

According to the state of the art, it is not possible to guarantee the availability of the platform at all times as well as the error-free playback or display (e.g. disruptions of the communication networks or the power supply etc. may occur). The operator or LOYZO shall endeavour to comply with the respective customary technical standards and to remedy any disruptions, errors and defects as soon as reasonably possible.

The display of the advertising media on the end devices of the users may be displayed differently than the operator or LOYZO or the advertiser due to the use of outdated software or hardware components.

The operator or LOYZO is in no case liable for insignificant defects of advertising materials created or co-designed on behalf of the advertiser, such as typing errors or pixel errors, which affect neither the meaning nor the content of the advertising material. No liability is assumed with regard to colouring and exact reproduction.

8.3 Liability regarding failure of the ad server in particular

If the advertising media cannot be displayed for a considerable period of time (i.e. more than 20% of the agreed publication period) due to a failure of the ad server, the operator or LOYZO will attempt to compensate for the failure or extend the insertion period. The advertiser may expressly waive the compensation or the extension.

If subsequent delivery is not possible, the advertiser is only obliged to pay for the publications of the advertising material or services already realised. Further claims are also excluded in this case.

9. Notice of defects

The advertiser must check the advertising media immediately after the first placement by the operator or LOYZO (“placement”). The advertiser must notify LOYZO in writing of any defects immediately after becoming aware of them, but no later than 48 hours after the placement. If the advertiser fails to give immediate notice of defects, the advertising material shall be deemed to have been approved.

10. Remuneration and discounts

The remuneration for the advertising order as well as the granting of any discounts shall be calculated solely on the basis of the current applicable rate published on the platform. All rates are exclusive of value added tax.

11. Measurements

If the applicable tariff according to section 10 is calculated on the basis of measurements such as the number of users who have visited a page, etc., only the measurements of the operator or LOYZO shall be decisive.

12. Terms of payment

Unless otherwise agreed, the remuneration shall be invoiced by the operator or LOYZO in accordance with the tariff. The invoices are to be paid within 20 days from the date of invoice without discount. Unauthorised discount deductions will be claimed subsequently.

13. Credit check

The operator or LOYZO is entitled to check the creditworthiness of the advertisers or clients at any time.

14. Final provisions

14.1 Severability clause

Should individual provisions of these GTC be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining parts of the contract.

14.2 Changes to the GTC and the tariffs

The operator or LOYZO reserves the right to change these GTC, the tariff and any other regulations at any time.

Amended GTC, tariffs and other provisions shall come into force simultaneously for all advertisers upon publication on the platform.

In the case of current contracts, the advertiser may withdraw from the contract within two weeks of the publication of the respective change on the platform. Advertising services that have not yet been purchased and paid for will be credited to the advertiser.

14.3 Applicable law

All contracts between the operator or LOYZO and the advertisers are governed by Swiss law, excluding conflict of laws rules, the UN Convention on Contracts for the International Sale of Goods and international treaty law.

14.4 Jurisdiction

The place of jurisdiction is BAAR ZG SWITZERLAND.

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