Terms & Conditions - consumers
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PIMPAY GENERAL TERMS AND CONDITIONS (PRIVATE CONSUMERS)
1. GENERAL PROVISIONS
1.1.Purpose and Scope
These General Terms and Conditions (hereinafter "GTC") govern the use of the PimPay mobile application (hereinafter the "App") and related services provided by PimPay SA (hereinafter "PimPay"). By registering or using the App, the Customer enters into a legally binding agreement with PimPay and accepts these GTC without reservation.
1.2.PimPay Services
PimPay provides a mobile payment solution allowing:
• Cashless payments solely for goods and services at partner merchants within the PimPay network.
• Non-commercial Peer-to-peer (P2P) money transfers.
• Access to value-added services (Deals, loyalty coupons).
• Interaction within a dedicated community mini-social network.
The PimPay wallet is a closed-loop payment instrument and may only be used within the PimPay merchant network. It is not a general-purpose payment instrument.
PimPay acts as issuer and operator of the wallet infrastructure. PimPay does not provide banking services and does not accept deposits within the meaning of the Swiss Banking Act.
1.3.Regulatory Status and No Deposit Protections
Wallet balances are intended solely for the purchase of goods and services and not for investment or savings purposes.
Wallet balances:
• Do not constitute bank deposits
• Are not protected by Swiss deposit insurance
• Do not bear interest
Users acknowledge that PimPay is supervised as a financial intermediary under AML regulations but is not a licensed bank.
No fiduciary, trustee or banking relationship is established between PimPay and the Customer.
1.4.Technical Requirements and Registration
The App must be downloaded from official app stores only. Use of the App requires a compatible smartphone, an internet connection, and a valid Swiss mobile phone number. Use of rooted, jailbroken or otherwise compromised devices is prohibited.
The Customer must be domiciled in Switzerland or Liechtenstein and provide accurate information during registration.
PimPay may request additional documentation for compliance purposes and reserves the right to refuse registration without stating reasons.
1.5.Duty of Care and Security
The Customer is responsible for the confidentiality of their access credentials (PIN code, biometrics) and to protect their device from unauthorized access. They must immediately report the loss of their smartphone or any suspected misuse to PimPay. The Customer shall cooperate in fraud investigations and provide necessary information. Any transaction validated via the Customer's security elements is deemed to have been carried out by the Customer themselves.
1.6.Private Use and Prohibition of Misuse
The App is strictly reserved for personal use. It is forbidden to use the "Customer" App to collect commercial payments.
Use of the App outside Switzerland and Liechtenstein is not permitted.
Any misuse (fraud, money laundering, illicit content) will result in the immediate suspension or termination of the account.
2. PAYMENT FUNCTIONS AND TOP-UP
2.1.Topping up Credit
The Customer can fund their PimPay balance using the following methods:
• Bank Transfer: Via PimPay’s omnibus account (subject to standard banking processing times).
• Debit/Credit Card: By registering a payment card in the App. The top-up is instantaneous. PimPay uses secure tokenization technologies compliant with PCI-DSS standards.
• Fees: Use of the App is free for the Customer, but PimPay reserves the right to charge specific fees for certain top-up methods (e.g., card commissions) or to pass on third-party fees.
Customer funds are pooled in a collective settlement account held in PimPay’s name. The Customer has no individual claim against the bank holding such account, but solely a contractual claim against PimPay.
The wallet balance represents a claim against PimPay only.
2.2.Payments and Limits
Payments are made by scanning a QR Code and executed in real-time where technically possible. A transaction is deemed final and irrevocable once recorded in PimPay’s ledger system. Once authorized by the Customer, transactions cannot be revoked or reversed by PimPay, except where required by mandatory law. PimPay sets usage limits (daily/monthly) for security reasons and legal compliance (AML). The maximum wallet balance per Customer shall not exceed CHF 3,000 or such lower amount as determined by PimPay for regulatory purposes.
PimPay does not guarantee uninterrupted availability of the App or real-time transaction processing.
2.3.Withdrawal of Funds
The Customer may request withdrawal of wallet balances to a bank account in his name, located in Switzerland or Liechtenstein.
PimPay does not provide cash redemption at physical locations.
PimPay may impose processing times and daily payout limits. Withdrawals are subject to AML review and may be delayed if compliance checks are pending.
2.4.Fees and Third-Party Compensation
All applicable fees are displayed in the App. PimPay may receive compensation from merchants or partners. The Customer waives any claim to such third-party compensation.
2.5.Set-Off
PimPay may offset any due and payable claims against the Customer with the Customer’s wallet balance.
3. SOCIAL NETWORK AND VALUE-ADDED SERVICES
3.1.Mini-Social Network and User Content
The App includes a community dimension. The Customer may publish reviews and photos and interact with merchants.
• Content License: By publishing content, the Customer grants PimPay a non-exclusive, royalty-free, worldwide right to use, reproduce, and distribute such content on its platforms.
• Code of Conduct: Hateful, defamatory, advertising (spam), or content violating third-party intellectual property rights is strictly prohibited.
• Moderation: PimPay acts as a host and reserves the right to remove any reported or inappropriate content without notice.
3.2.Deals and Loyalty (Rewards)
PimPay displays offers ("Deals") and manages digital loyalty cards.
• The merchant is solely responsible for the execution of the offer and the quality of the service provided.
• PimPay does not guarantee the uninterrupted availability of value-added services in the event of technical failure of third-party systems.
4. LEGAL DISPOSITIONS AND DATA PROTECTION
4.1.Support and Communication
Primary communication channel is the App. Support may also be provided via Email, contact forms and official website, but this electronic communication may not be fully secure.
The Customer is responsible for ensuring receipt of notifications. Communication is deemed legally binding once sent to the registered contact details.
4.2.Suspension and Termination
The Customer may close their account at any time. Remaining balance must be withdrawn prior to closure.
PimPay may suspend or terminate the relationship with immediate effect, if AML concerns arise, legal obligations require, misuse is detected or information provided is false.
PimPay may close inactive accounts after 24 months.
Unclaimed wallet balances may be subject to administrative handling fees after prolonged inactivity.
4.3.Data Protection
PimPay processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP). Transaction data is used for the proper functioning of the service and, with the Customer’s consent, for personalizing marketing offers.
The Customer acknowledges that transactions are subject to automated monitoring for AML and fraud prevention purposes.
4.4.Intellectual Property
All rights to the App, logos, and PimPay technologies remain the exclusive property of PimPay SA.
4.5.Liability
The App and services are provided “as is” and “as available”.
PimPay shall be liable only for damages caused by willful misconduct or gross negligence.
PimPay shall not be liable for indirect, incidental or consequential damages, including loss of profit.
Liability per damage event shall be limited to CHF 3,000 unless mandatory law provides otherwise.
PimPay shall not be liable for merchant performance, illicit acts committed by third parties on the social network, network outages, device malfunction or unauthorized third-party access not attributable to PimPay.
Any claims by the Customer must be asserted within 12 months after the Customer became aware of the relevant facts.
4.6.Changes to the GTC
PimPay may modify the GTC at any time. Changes are communicated via the App. By continuing to use the App after the modification, the Customer is deemed to have accepted them.
PimPay may transfer this agreement to an affiliated or successor entity. The Customer will be informed in advance.
4.7.Severability
If any provision of these GTC is found invalid, the remaining provisions remain fully effective.
4.8.Regulatory Override
PimPay may restrict, suspend, delay or refuse services at its sole discretion if required by law, regulatory authority, AML obligations or risk considerations.
PimPay may freeze wallet balances and request additional information at any time if required for AML, fraud prevention or regulatory compliance purposes.
4.9.Force Majeure
PimPay shall not be liable for delays or failures resulting from events beyond its reasonable control, including but not limited to power failures, telecommunications outages, cyberattacks, natural disasters or governmental actions.
4.10.Applicable Law and Jurisdiction
Swiss substantive law shall apply exclusively. The exclusive place of jurisdiction is at the registered office of PimPay SA.