Smart Chip Switzerland
1. Introduction
Please read this agreement carefully before attempting to link a Smart Chip or connect services. These terms and conditions apply regardless of the device you use (including desktop, laptop or cell phones and any other technology, whether known now or developed in the future). By accessing the Online Service, purchasing Smart Chips or taking out a subscription, you agree to be legally bound by these Terms, which will be posted on our website and may be amended at any time. If you do not wish to be bound by these Terms, you may not use the app.
2. Activation and service life of the Smart Chip
Just as your fingernails grow naturally, so does the Smart Chip. We at Smart Chip Switzerland AG therefore assume that a Smart Chip has a lifespan of 2 months, after which the Smart Chip must be reapplied by a certified beauty stylist. For this reason, and to prevent misuse as far as possible, the maximum lifespan of the chip is set at 3 months. After this period, each Smart Chip is automatically deactivated.
Deactivation has no effect on any credit balances and all links to services can be transferred to the new Smart Chip in the app. For security reasons, payment cards, for example, must be re-authorized in the bank app.
Please note the following:
a. By purchasing and applying a Smart Chip from a provider certified by Smart Chip Switzerland, customers acquire the right to use it for a maximum of 3 months. The chip is automatically deactivated 3 months after activation.
b. The service for applying the Smart Chip will be invoiced separately by the nail salon or Smart Chip Service Point.
c. The Smart Chip must be connected to the fingernail, otherwise Smart Chip Switzerland AG reserves the right to deactivate it without delay.
d. An online connection to the Internet must be available so that the Smart Chip can be connected to the app. Otherwise, the encrypted payment card data cannot be synchronized and the bank’s approval cannot be obtained. There may also be delays on the part of the bank for verification reasons.
e. Anyone who willfully disassembles the inlay and wishes to use its components in another device will be deemed to have terminated the contract immediately and Smart Chip Switzerland AG reserves the right to deactivate the chip and terminate the account without providing a refund.
3. Payment Function
Smart Chip Switzerland AG enables customers to use the payment function of the Smart Chip via the app.
Smart Chip Switzerland AG merely establishes the connection to the payment service provider and thus to the bank and is in no way responsible for transactions or misuse.
In order for payments to be processed securely, you must have a valid payment card from a bank and the bank must accept Smart Chip as a means of payment. Smart Chip Switzerland AG cannot be held responsible in any way if the bank closes the account or refuses service to the consumer.
Smart Chip Switzerland AG is aware that banks that act as issuers of payment cards must grant Mastercard, among others, permission (opt-in) to process payments via their payment cards (in particular contactless payments). If your bank’s payment card is not one of the banks (list) that have granted the corresponding approval, you have the option of subscribing to a virtual prepaid card via other service providers (list). Smart Chip Switzerland AG will inform you as soon as possible as soon as your bank is available for payments with Smart Chip.
4. Conditions for accessing the online service
Downloading the Smart Chip app is free of charge for customers.
Smart Chip Switzerland AG is actively working on integrating further services into the app in accordance with various security regulations, which will enable you to provide the Smart Chip with additional functions (e.g. access, customer cards, tickets, etc.).
By using each new function, you can enter into new terms and conditions with the respective providers, provided you accept them by clicking. If any part of the additional terms and conditions conflicts with a provision of this subscription agreement, the additional terms and conditions shall take precedence, but only to the extent that the existing terms and conditions are not applicable.
5. Manipulation of the Smart Chip or the Smart Chip App
We strongly advise you not to tamper with your Smart Chip in any way. We accept no responsibility for any damage caused by such alterations and tampering and your account may be restricted or closed if the Smart Chip and/or the cards linked to your account have been tampered with.
6. Disclaimer
By purchasing Smart Chips via the app, you acquire the right to have a Smart Chip applied in the studio of your choice. In any case, our liability is limited to the functionality of the Smart Chip itself, but not to the service provided by the studio in connection with the application of the Smart Chip.
Smart Chip Switzerland AG’s liability for any losses you suffer as a result of our breach of contract, including willful breach of contract, is strictly limited to the purchase price of the materials and any losses foreseeable by you and us at the time of the order.
We are not responsible for indirect losses that are incidental to the principal loss or damage, even if such losses result from a willful breach of these Terms by us that would entitle you to terminate the contract between us, including, but not limited to:
Loss of income or revenue
Loss of business
Loss of profits or contracts
Loss of anticipated savings
loss of data
Loss of data, or
waste of management or office time, regardless of how it arose and whether it was caused by tort (including negligence), breach of contract or otherwise, even if it was foreseeable.
7. Adjustments to Content and Services
We reserve the right to make changes or corrections, modify, suspend or discontinue any aspect of the Online Service, including your access to it. Unless expressly stated otherwise, any new features will be subject to these Terms. Please note that while we endeavor to keep the content of our Website and/or the Online Service as accurate as possible, our Website and/or the Online Service may contain typographical errors or other inaccuracies.
8. Orders & Appointments
Smart Chip Switzerland offers an ordering function for Smart Chips. This allows you to make advance reservations, especially in the initial phase.
By pre-ordering, you acquire the right to have Smart Chips applied by a beauty stylist certified by Smart Chip Switzerland AG as soon as they are available in the studio or region of your choice. The purchase price only includes the price of the Smart Chip. The service for applying the Smart Chip is charged separately by the nail salon or Smart Chip Service Point.
If you have placed a pre-order, you will be informed directly via the app as soon as the Smart Chips are available. The appointment with the nail salon or the Spart Chip Service Point must be arranged directly with the salon (salon finder).
9. Intellectual Property
The contents of the web/app application are protected by international copyright laws and other intellectual property rights. The owner of these rights is Smart Chip Switzerland AG, our affiliated companies or other third party licensors. All product and company names and logos contained on our website or online service are trademarks, service marks or trade names of their respective owners, including us.
All content and functionality of the website, including the text, graphics, logos, icons, images and videos, and the selection and arrangement thereof, in addition to the concepts, know-how, tools, software, applications or other technologies, algorithms, models, processes and industry perspectives underlying or embedded in the foregoing, and any extensions or derivative works thereof (the “Website Content”) are the exclusive property of Smart Chip Switzerland AG or its licensors and are protected by Swiss and international copyright laws, as applicable. Neither the Website Content nor the functionality of the Website may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of security or technological protection measures, disclaimers or legends), uploaded, published, posted, transmitted or distributed in any way without our written permission, except for the rights granted. All rights not expressly granted are reserved.
10. In General
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms and/or charge or otherwise deal with these Terms or our respective rights or obligations. Any purported assignment, transfer, sub-contract, delegation, set-off or dealing in breach of this clause will be void. These Terms and Conditions apply to you personally and are entered into by you for your own benefit and not for the benefit of any third party.
These Terms and Conditions, together with the Privacy Policy, the Additional Terms and the Payment Method Instructions, if any, constitute the entire agreement between you and Smart Chip Switzerland AG. You acknowledge that you have not entered into this Agreement in reliance on any representation, warranty or assurance made by Smart Chip Switzerland AG or any other person, and you irrevocably and unconditionally waive all rights to claim damages and/or to revoke these Terms based on any misrepresentation (other than a fraudulent misrepresentation) not contained in the Terms, the Privacy Policy, the Order Form and the Payment Method Instructions.
These Terms and your use of our website are governed by Swiss law and you submit to the non-exclusive jurisdiction of the Swiss courts.
Except for payment obligations, neither you nor Smart Chip Switzerland AG shall be liable for any failure to perform any obligation to the other party due to causes beyond your or Smart Chip Switzerland AG’s reasonable control.
Failure or delay by either party to enforce any obligation or exercise any right under these Terms shall not constitute a waiver of such right or remedy. Smart Chip Switzerland AG is registered with the Commercial Register Office of Lucerne under number CH-100.3.796.967-7. These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) under the Contracts (Rights of Third Parties) Act 1999.
11. Notifications
All notifications should be sent to: us by e-mail to info@smart-chip.com or by post to
Smart Chip Switzerland AG, Wassergrabe 3, 6210 Sursee, Switzerland; or
to the e-mail or postal address provided by you during the ordering process.
12. Jurisdiction
Unless otherwise required by law, the exclusive place of jurisdiction is 6210 Sursee, Switzerland.
