1. Preamble
These general terms and conditions (hereinafter the “GTC”) govern the use of the services offered by YESbusiness Sàrl, a company entered in the commercial register under UID number CHE-444.646.675, with its registered office at Reichenbachstrasse 118A, 3004 Bern, Switzerland (hereinafter “YESbusiness”).
By creating an account or using the YESbusiness platform (hereinafter “the Platform”), the user expressly and unreservedly accepts these GTC.
2. Purpose of the contract
YESbusiness provides users with an online software solution (Software as a Service – SaaS) that allows them to manage the accounting, VAT and banking operations of their professional activity.
The contract covers exclusively the provision of this Platform and includes no legal, tax or accounting advisory mandate. YESbusiness is neither a fiduciary nor an audit provider. The user remains solely responsible for their accounting, for their returns and filings, and for compliance with their legal obligations.
3. Scope of application
YESbusiness services are intended exclusively for professionals domiciled or having their registered office in Switzerland, such as:
- Self-employed persons and freelancers
- Small and medium-sized enterprises (SMEs)
- Associations and non-profit organisations
- Fiduciaries and accountants who keep their clients’ books
By creating an account, the user confirms that they are domiciled or have their registered office in Switzerland. The Platform is not offered to users established outside Switzerland. If a user conceals a domicile or registered office abroad, YESbusiness cannot be held answerable for this and reserves the right to terminate the contract with immediate effect.
4. Access to the Platform
Access to the Platform requires:
- A stable Internet connection,
- An up-to-date browser compatible with modern web standards,
- The prior creation of a user account via the online registration form.
The user is responsible for keeping their credentials confidential. Any use of the service with those credentials is deemed to have been made by the user. The user shall inform YESbusiness without delay of any unauthorised use of their account of which they become aware.
5. Free trial
Every new customer is entitled to a free trial period of 14 days. There is no permanent free offering.
At the end of this period, the user must take out a subscription in order to continue accessing the service. Failing a subscription, the company concerned is archived in accordance with article 7.
6. Subscriptions and financial terms
6.1 Prices
Prices are stated in Swiss francs (CHF) and are exclusive of VAT. The price list in force is available on the official YESbusiness website.
6.2 Payment
Payment is made monthly, by credit card via Stripe. On request to support, annual invoicing may be agreed. No other means of payment is accepted without the prior written agreement of YESbusiness.
6.3 Invoicing
Invoices are made available to the user in PDF format in the customer interface.
6.4 Price revision
YESbusiness may amend its prices subject to at least 30 days’ notice. The user is free to terminate the contract if they do not accept the new prices.
6.5 Late payment
In the event of non-payment, YESbusiness may suspend access to the service and then archive the company concerned in accordance with article 7.
7. Term, termination and archiving
7.1 Term
The contract is concluded for an indefinite term and renews automatically each month.
7.2 Termination
The user may terminate their subscription at any time via the customer interface. Termination takes effect at the end of the current month.
YESbusiness may terminate the contract for good cause, in particular in the event of non-payment, abusive or unlawful use of the service, or breach of these GTC.
7.3 Archiving at the end of the subscription
At the end of the subscription or of the trial period, the company concerned is not deleted, but archived. The data (accounting entries, documents, profiles) is retained; access to the company is suspended for as long as no active subscription covers it.
Archiving therefore does not entail any loss of data. It does not, however, release the user from exporting and backing up their own data: see article 7.6.
7.4 Reactivation
An archived company may be reactivated by taking out a new subscription covering it.
Archiving is not a way of using the service and does not serve to reduce its cost: repeatedly alternating periods of archiving and reactivation is not permitted. The number of archiving and reactivation cycles is limited and is subject to a manual check by YESbusiness.
Where reactivation serves to record or post transactions relating to an archived period, the corresponding archived months are invoiced retroactively, after a manual check, as a condition of reactivation.
YESbusiness reserves the right to refuse a manifestly abusive reactivation.
7.5 Deletion of data on request
The user may at any time request the definitive deletion of their data by writing to support@yesbusiness.ch. Deletion takes place subject to statutory retention obligations and to the data required for invoicing and evidence. Once deleted, the data can no longer be recovered.
7.6 Export and backup
The user remains entirely responsible for exporting and backing up their own data before the end of their subscription. The Platform provides tools for downloading the relevant data (accounting entries, documents, etc.). After archiving, no access to the data is possible without reactivation.
It is for the user, and not for YESbusiness, to comply with their own statutory retention obligations, in particular the ten-year period under art. 958f of the Swiss Code of Obligations (CO).
8. Features of the service
The Platform comprises the following modules:
- Accounting (data entry, entries, year-end closing)
- Bank file import and bank connections
- VAT
- AI assistant (art. 9) and connector for third-party AI assistants (art. 9.6)
- Partner area for fiduciaries (art. 10)
The composition of the modules may change as the Platform develops.
9. AI assistant
9.1 Optional activation
The Platform includes a conversational assistant based on artificial intelligence. Its use is optional: it requires explicit activation by the user. All other features remain usable without the assistant.
9.2 How it works
The assistant relies on the Gemini service from Google (paid offering). In order to produce an answer, the content of the conversation together with the company data required for context (for example balances, entries, company profile) is transmitted to that provider. Requests are processed on Google’s European infrastructure, in Switzerland (Zurich region) or in the European Union. Google does not use this data to train its models; the detailed terms are set out in the Privacy Policy.
9.3 No advice, and verification by the user
The assistant’s answers are automatically generated suggestions. They may be incomplete or incorrect and constitute neither accounting advice, nor tax advice, nor legal advice. The user verifies them before any use and remains solely responsible for the entries, returns and decisions that follow from them.
9.4 Retention and monitoring of conversations
Conversations with the assistant are retained by YESbusiness. They are used to improve the quality of the service and to verify that the Platform is not being used for unlawful or illegal purposes.
9.5 Use
Use of the assistant for unlawful or abusive purposes, or for purposes contrary to these GTC, is prohibited. Usage limits (quotas, limits on the number of requests) may be applied in order to safeguard the stability of the service.
9.6 Connected AI assistants (YESbusiness connector)
The Platform provides a connector that allows the user to link a third-party AI assistant of their choosing (for example Claude, ChatGPT or another compatible client) to their accounting. Use of the connector is optional and requires an active subscription for at least one company; YESbusiness charges nothing extra for the connector, the user paying their assistant provider directly under that provider’s terms.
The third-party assistant and its provider are not part of the YESbusiness service: they are governed by the provider’s terms and privacy policy, and YESbusiness accepts no liability for their availability, their operation, the accuracy of their answers or the data processing they carry out. The processing of data by the provider chosen by the user is described in article 9.6 of the Privacy Policy.
When connecting, the user chooses the companies concerned and the level of rights granted to the assistant, which can never exceed the user’s own rights in the company: read; entries with confirmation, the assistant preparing entries that the user confirms themselves in the Platform or from their assistant; autonomous entries, the assistant booking directly within an amount limit per connection set by the user, never in a closed financial year and never deleting data. Every entry created by an assistant is identified as such, appears in the company’s AI activity list and can be undone there.
Article 9.3 applies to all answers and entries originating from a connected assistant: the user verifies them and remains solely responsible for their accounting. The user is answerable for any use of the connector through their connections, including by persons to whom they have given access to their assistant. The connector gives no access to subscriptions and payments, to the management of members, or to bank credentials.
The user may revoke a connection at any time in their account settings. YESbusiness may limit (quotas, number of requests) or suspend a connection for reasons of security or stability of the service, and in the event of abusive use or use contrary to these GTC. The connector must not be used to circumvent the Platform’s access rights or to introduce data within the meaning of article 14.
10. Multi-user accounts, fiduciaries and access rights
The Platform allows the company holding an account to grant access rights to its employees, to its fiduciary or to third parties, in particular via the partner area.
The company that opens an account and grants such rights is solely responsible:
- for granting, defining the scope of and withdrawing those rights, in particular at the end of a mandate or of an employment relationship;
- for the legitimacy of the persons it authorises to access its data;
- for the fact that it is legally entitled to keep, or to have kept, the accounts concerned.
YESbusiness verifies neither the mandates, nor the authorisations, nor the professional qualifications of the persons to whom access is granted, and assumes no liability in this respect.
11. Availability and maintenance
YESbusiness endeavours to guarantee service availability of 95% on an annual basis, save in cases of force majeure or planned maintenance operations.
Planned maintenance is announced in advance. YESbusiness reserves the right to suspend access to the service temporarily for technical or security reasons.
12. Customer support
Support is provided by e-mail at the following address: support@yesbusiness.ch. The guaranteed response time is 48 working hours.
No telephone or live-chat assistance is offered. The AI assistant built into the Platform is not a support channel: its answers are not binding on YESbusiness.
13. Audit and inspection
YESbusiness provides its services in SaaS mode (Software as a Service) through a shared and standardised infrastructure. Consequently, no right of audit, inspection or access to the internal systems, source code or technical facilities of YESbusiness or of its subcontractors is granted to users.
Any request for further information about security measures or internal procedures may be addressed to YESbusiness, which reserves the right to answer it within reasonable limits and without compromising the confidentiality, the security or the commercial interests of the company.
14. User obligations
The user undertakes to:
- Enter accurate, complete and up-to-date data,
- Comply with Swiss tax and accounting law,
- Refrain from using the service for unlawful or fraudulent activities,
- Refrain from compromising the security or the stability of the Platform.
The user undertakes not to enter, store, transmit or process unlawful data via the Platform, in particular:
- defamatory or discriminatory content, or content inciting hatred,
- data contrary to public policy or to accepted standards of decency,
- information infringing the rights of third parties (in particular intellectual property, privacy),
- sensitive personal data within the meaning of Swiss legislation (e.g. health data), unless this is strictly necessary for the use of the service.
YESbusiness carries out no active monitoring of the content entered, but reserves the right to restrict or block access to any user account where there is a serious indication or a report of content that is unlawful or contrary to these GTC.
Where there is well-founded suspicion, YESbusiness may:
- deactivate access to the account concerned temporarily or definitively,
- retain the data for evidentiary purposes,
- inform the competent authorities where a legal obligation so requires.
The user is informed that use of the Platform entails personal legal responsibilities. Any infringement of the legislation in force may lead to immediate termination of the contract, without compensation, and where applicable to civil or criminal proceedings.
15. Security and data protection
15.1 Hosting
Users’ main data (database and files) is hosted in Switzerland. The Platform is delivered and executed via Cloudflare’s infrastructure, whose network processes requests worldwide. Certain technical services (payment processing, e-mail sending, PDF generation, audience measurement) involve processing outside Switzerland. The AI assistant is processed on Google’s European infrastructure (art. 9.2).
15.2 Data processing
Users’ personal and business data is processed in accordance with the revised Swiss Federal Act on Data Protection (FADP), in force since 1 September 2023. Where applicable, YESbusiness also complies with the principles of the European Union’s General Data Protection Regulation (GDPR).
The detailed terms are set out in the Privacy Policy of YESbusiness, which forms an integral part of these GTC.
15.3 Technical measures and backups
YESbusiness implements appropriate technical and organisational measures to ensure the security of data and to prevent any loss, unauthorised access, alteration or destruction, in particular the encryption of communications (HTTPS/TLS), strictly controlled access management and the logging of critical operations. Automatic daily backups are performed in order to ensure continuity of service and to allow restoration in the event of a technical incident.
16. Use of subcontractors and third-party providers
In order to provide, operate and continuously improve its Platform, YESbusiness uses specialised technical providers and subcontractors, in particular for hosting, data processing, document generation, transactional e-mail sending, payment processing, audience measurement and the AI assistant.
YESbusiness works in particular with the following providers:
- Xano (Switzerland) – database, business logic and file storage
- Google Cloud (Switzerland) – hosting infrastructure
- Cloudflare (United States, global network) – delivery, security and execution of the web application
- Google – Gemini (Switzerland – Zurich region, or European Union) – AI assistant
- Google – Places API – address suggestions during data entry
- Stripe (Ireland / United States) – credit card payment processing
- Postmark (United States) – secure sending of transactional e-mails
- PDF.co (United States) – PDF file generation
- PostHog (European Union) – audience measurement and usage analytics
These providers may, strictly within the scope of their assignment, access user data. YESbusiness ensures that all subcontractors comply with Swiss data protection legislation and, where applicable, with GDPR standards.
Where data is transferred outside Switzerland or the EU, YESbusiness ensures that such transfers comply with the applicable legal safeguards (e.g. adequacy decision, standard contractual clauses).
YESbusiness cannot be held liable for interruptions or damage caused by a malfunction or fault attributable to a third-party provider, in so far as that provider acts independently, save in the event of gross negligence or wilful misconduct by YESbusiness in the selection or supervision of that provider.
In the event of a significant change to the list of essential providers with an impact on data protection or on the security of the service, YESbusiness undertakes to inform users within a reasonable period.
17. Intellectual property
The Platform, including its design, its code, its trade marks, its logos and its content, is protected by intellectual property rights. No right is assigned to the user.
It is prohibited to copy, modify, distribute or reproduce all or part of the service without the prior written authorisation of YESbusiness.
The data entered by the user remains their property.
18. Limitation of liability
YESbusiness cannot be held liable for indirect damage, loss of turnover, loss of data or loss of business arising from the use of, or the inability to use, the service.
In any event, the liability of YESbusiness is limited to a maximum amount equivalent to three months of subscription fees paid.
19. Amendments to the GTC
YESbusiness reserves the right to amend these GTC at any time. Amendments will be communicated electronically or via the Platform with 30 days’ notice.
The user is deemed to have accepted the new GTC if they continue to use the service after that period.
20. Final provisions
20.1 Severability
If a provision of these GTC is declared invalid or unenforceable, the remaining provisions remain in force.
20.2 Governing law and jurisdiction
These GTC are governed by Swiss law. Mandatory consumer protection provisions are reserved. Any dispute shall be settled exclusively by the competent courts at the registered office of YESbusiness, namely in Bern, Switzerland.