Rüschlikon, 12 September 2021, v1.0
The gender form chosen in these Terms of Use explicitly and always refers to all genders.

1. Subject Matter and Contractual Components
   These Terms of Use form an essential part of the legal relationship between SYMCO AG (also referred to as “we,” “us,” or “our,” etc.) and the members (also referred to as “Member,” “user(s),” “provider(s),” “you,” “you,” or “your,” etc.). By registering or by giving other explicit consent and/or by using our web, iOS, Android applications or online services (collectively, the “KEEY Platform”), Members declare that they have read, understood, and accepted these Terms of Use and agree that, based on these Terms of Use, a legally binding contractual relationship between the Member and SYMCO AG (the “Membership Agreement”) comes into effect upon registration.
   Members are independent natural or legal persons who use SYMCO AG’s KEEY Platform. As Members, they do not act as employees, agents, co-entrepreneurs, or partners of SYMCO AG. Listings and offers on the KEEY Platform are not managed by SYMCO AG but are the sole responsibility of the providers. SYMCO AG, however, reviews listings for legal compliance on a spot-check basis and has the right to delete listings without giving a reason.
   In addition to these Terms of Use, further conditions apply which supplement them, including our Privacy Policyand our Payment Terms, which govern all payment services made available to our Members.
    

2. SYMCO AG
   SYMCO AG is a corporation (Aktiengesellschaft) under the provisions of the Swiss Code of Obligations with its registered office in Rüschlikon, Canton of Zurich, Switzerland.
   It owns and operates the KEEY Platform. SYMCO AG is not a contracting party to, nor otherwise involved in, bookings between Members made via the KEEY Platform. Accordingly, SYMCO AG cannot provide any warranty for the content and quality of offers and listings, nor for the capacity, existence, lawfulness, or safety of Members and their offers.

SYMCO AG nevertheless has the right at any time to review, edit, delete, or block access to content, listings, and Members in order to:
• comply with applicable law or an order of a court or authority;
• ensure compliance with these Terms of Use;
• operate, improve, and secure the KEEY Platform (in particular for fraud prevention, risk assessment, investigations, and customer support);
• respond to inappropriate listings and Member content;
• maintain and enforce quality or suitability criteria.

Members whose listings are deleted or whose access is blocked will be informed at SYMCO AG’s discretion, unless such notification would:
• violate applicable law;
• hinder or prevent the activities of a competent authority or court;
• hinder or prevent the detection or prevention of fraud or other illegal activities; or
• impair overriding interests of other Members or third parties.

 

Members may appeal such decisions by email. SYMCO AG will decide conclusively at its own discretion.

SYMCO AG is not obligated to monitor listings and Members, but checks compliance with the Terms of Use on a spot-check basis. In order to verify the identity of Members, SYMCO AG may, in accordance with applicable law, request ID documents or similar information from Members or obtain verification information from third parties and external databases.

1. KEEY Platform
   The KEEY Platform is an online platform where Members can publish, offer, search for, and/or book various offers, services, and products—e.g., vacation homes, movable items, events, trips, cleaning services, etc. (each an “Offer,” collectively, the “Offers”)—for a self-selected circle of persons (each, also a “Member,” and collectively, the “Members”). Offers are posted, searched for, and booked on the KEEY Platform in the form of a “Listing.”
   Members who provide Offers are referred to as “providers.” Members who search for, book, or use Offers are generally referred to as “users,” or as a “friend.”
   The KEEY Platform includes functions and tools that make it easy to create and manage Listings and to search for and book Offers.

2. Registration as a Member and User Account
   Legal entities and natural persons aged at least 18 can become Members of the KEEY Platform by accepting these Terms of Use, the GTC, and other terms and policies, the Payment Terms, and the Privacy Policy of SYMCO AG through registration or other explicit consent, whereupon a Membership Agreement is concluded in accordance with these Terms of Use and the GTC.
   By registering, Members warrant that they have legal capacity under the law applicable to them and that no legal reasons exist that would exclude them from using the KEEY Platform.
   Registration creates a user account or personal profile (“User Account”) enabling Members to use certain functions of the KEEY Platform. The details in the User Account must be correct and complete and kept up to date by the Member under their own responsibility.
   Members are responsible for keeping login details and passwords confidential and secure and not disclosing them to third parties. If login data is lost, stolen, or suspected to be compromised, SYMCO AG must be notified immediately.
   Members are solely responsible to SYMCO AG and third parties for all negligent or intentional activities carried out via their User Account.

3. Vision
   “Joy of Sharing”
   Our vision expresses what we aim to achieve with the KEEY Platform: sharing should be joyful and create social value—simply and easily.

4. Mission
   Based on our core values—“trust,” “share,” and “care”—we pursue our mission: “Private sharing made simple.”
   People should be able to share the things that bring them joy—simply, worry-free, and with trust. We develop technology and services to simplify and encourage sharing within a circle you determine yourself. We believe sharing strengthens relationships and that societies with strong relationships act more cooperatively and sustainably. With the KEEY Platform, we provide our Members with the online platform to do so.

5. Listings and Responsibility for Listings
   Offers are recorded on the KEEY Platform as Listings and offered to a selected circle of persons (not to the general public). For each Listing, the provider defines the terms, availability, invited circle, etc.
   A Listing contains a meaningful title, a description, a detail list with key data, photos and/or videos, and other requirements and conditions of the provider. Providers may optionally set an (individual) cost contribution and add further paid or free options. Listings must contain complete information about the Offer, the cost contribution, optional fees and services, and the requirements and conditions applicable to users.
   Listings on the KEEY Platform are not owned by SYMCO AG. SYMCO AG is not a provider, intermediary, insurer, or administrator of Offers and Listings of providers. SYMCO AG merely operates the KEEY Platform and is therefore not a contracting party to contracts concluded directly between providers and users. SYMCO AG does not act as an agent for Members, except as set out in the Payment Terms.
   Responsibility for Listings lies solely with the providers. They must determine and comply with all laws, rules, regulations, and third-party contracts relevant to them and their Offers. Providers are likewise responsible for ensuring that texts, images, videos, etc., used in a Listing do not infringe third-party rights. Providers are further responsible for ensuring Listings do not contain discriminatory, defamatory, obscene, harassing, fraudulent, violent, disrespectful, and/or illegal content. SYMCO AG may block or permanently delete Listings and User Accounts at any time without giving reasons.

6. Providers and Their Responsibilities
   Members can act as providers and make their Offer available to a self-determined circle of persons. To do so, they create a Listing and select from their contacts the persons who can see and book the Listing on the KEEY Platform. Providers retain control over which Members can see and book their Listing and over its availability. Providers can also set an individually determined cost contribution for each Member.
   Providers can keep track of their Listings, Members, availability, bookings, etc., in their User Account and can edit, pause, or delete their Listings at any time.
   Providers are responsible for their own actions and omissions and for the actions and omissions of auxiliaries and third parties involved in their Offers and Listings. Providers are responsible for ensuring that their Offers and Listings contain all information and cost contributions required for a booking and that these are transparently disclosed. Providers may not demand additional costs or fees from users for the Offer described in the Listing unless the parties mutually agree outside a booking on additional services.
   Providers are solely responsible for determining and complying with all laws, rules, regulations, and third-party contracts applicable to their Listings. Providers are in particular responsible for processing users’ personal data in accordance with applicable data protection laws and our Privacy Policy.
   By registering and concluding a booking, providers confirm that, as a natural person or as a representative of a legal entity, they are authorized and empowered to conclude a booking and act on behalf of the entity. Providers also confirm the accuracy and lawfulness of the (payout) information provided.

7. Users and Their Responsibilities
   Members can, as users, view, use, and/or book Listings on the KEEY Platform that are personally offered to them by providers. Their User Account shows what is offered to them and under what conditions they can book.
   Users can keep track of their bookings in their User Account.
   Users are responsible for their own actions and omissions and for the actions and omissions of third parties whom they invite to join a booking or to whom they grant access. Users are liable for damage caused to providers due to their actions. They must comply with legal requirements and are also responsible for supervising minors who participate in a booking through them and for any damage caused by such minors.

8. Bookings and Payment
   A Listing can be booked by users by sending a booking request to the provider or, where possible, by placing a direct booking. In both cases, upon receipt of the booking confirmation by a user, a legally valid contract (“Booking”) is concluded between that user and the provider of the Listing (together, the “Parties”) for the Offer described in the Listing.
   When a Member books a Listing, the Member agrees to pay the cost contribution including any service and base fees as well as any additional paid options and all other costs indicated during checkout (together, the “Cost Contribution”). The Parties are jointly and severally liable to SYMCO AG for payment of the fees charged by SYMCO AG. SYMCO AG deducts its fees from the payout to providers unless a different written agreement on fee set-off has been made.
   Members agree that, upon booking, the Cost Contribution will be reserved on or directly charged to their credit card.
   SYMCO AG is not a contracting party to, nor otherwise involved in, bookings between Members made via the KEEY Platform. The Booking between the Parties also includes all terms and requirements that are part of the Listing, the checkout process, or any further consensual arrangements between the Parties via the KEEY Platform.

9. Legal Nature of Listings
   If the Booking includes a right to use real property or movable property, it constitutes the grant to the user of a temporally and materially limited right of use of the property or movable items in accordance with the conditions in the Listing. Providers retain their rights as owners of the property or movables and may exercise their rights at any time within the limits of the law and, in the event of an infringement of their rights, claim any resulting additional costs and damages from users.
   If the Booking includes a service, it entitles the user to participate in, use, or contribute to the service in accordance with the conditions in the Listing. Users are obliged to inform providers of any circumstances that could impair participation, use, or contribution and/or could impair or harm the health of others. Users must also meet all requirements of the providers, in particular regarding minimum age, qualifications, suitability, and other requirements and legal provisions to be observed in connection with the booked service.
   The person limits specified in a Listing must be observed. Without the express consent of the providers, no additional persons may be invited to an Offer, nor may an Offer be forwarded unsolicited to an external person.

10. Service and Booking Fees
    SYMCO AG charges a service fee and a base fee for use of the KEEY Platform. The collection and any refund of these fees are governed below. SYMCO AG reserves the right to change the service and base fee at any time and to inform Members before they take effect. If Members do not agree to the changes, they may terminate the contract and/or delete their User Account.
    Base fees: Cover fixed costs of third-party service providers (credit/financial institutions, IT, etc.) and part of the development costs. The base fee is the same for all Listings.
    Service fees: Cover SYMCO AG’s efforts and contribute to business success. The service fee is variable, in particular by Listing category and by the amount of the Cost Contribution.

11. Cancellations and Booking Changes
    Providers decide whether and under what conditions a Booking can be cancelled free of charge. After expiry of any cancellation period, a free refund of the Cost Contribution is generally not possible. Should providers agree to a refund after expiry of a cancellation period, the KEEY Platform’s base and service fees are generally to be borne by users. The KEEY Platform will waive its fees only to the extent that it does not itself incur any costs and fees from third-party providers.
    Booking changes are a matter between providers and users. The KEEY Platform only charges additional fees if third-party costs and/or fees (e.g., credit card providers) are incurred for booking changes.

12. Requirements and Rules
    Members must observe the following requirements and rules:
    • Treat other Members as you would like to be treated.
    • Act and communicate respectfully, decently, and neither in a discriminatory, defamatory, nor fraudulent manner.
    • Respect the privacy of other Members; do not share Listings with third parties; maintain confidentiality where, using common sense, the confidentiality of an Offer appears appropriate or desired.
    • Do not harm the KEEY Platform; ensure that proper functioning and operations are not impaired or damaged by your actions.
    • Comply with applicable laws relevant and applicable to you, your Offers, and SYMCO AG. In particular, comply with all rules protecting privacy and data protection.
    • Use personal data obtained via the KEEY Platform only for actions necessary in the context of a Listing or Booking. Do not share personal data with third parties without consent.

Violations of these requirements and rules may result in suspension and deletion of the User Account in accordance with section 16.

1. Prohibitions
   SYMCO AG prohibits all Members—subject to criminal prosecution, sanctions, and civil claims for damages—from the following activities on the KEEY Platform:
   • Offers that violate applicable laws and contracts, in particular:
   – distribution, trade, and sale of illegal products and services;
   – distribution, trade, and sale of illegal substances such as drugs;
   – offers for the formation of illegal, unlawful groups and assemblies;
   – offers for the dissemination of offensive information and ideologies;
   – distribution, trade, and sale of pornographic content, especially child pornography;
   – offers related to prostitution or human trafficking;
   – offers related to violence and terrorism;
   • copying, unauthorized use, or manipulation of the KEEY Platform, its design, branding, our API, etc.

Members of the KEEY Platform confirm that they have understood and will fully and unconditionally comply with these prohibitions. Members further confirm that, in the event of a breach of these prohibitions, they will be fully liable for any third-party claims for damages asserted against SYMCO AG. In such a case, they undertake, at their own expense, to join any mediation or legal proceedings brought by a third party against SYMCO AG to avert damages.

1. Term, Termination, Suspension, and Deletion of a User Account
   The term and termination of the Membership Agreement are governed by these Terms of Use.
   Members may terminate the Membership Agreement at any time by deleting their User Account, subject to a notice period of two (2) days. Existing obligations to other Members as providers and/or users remain in force unless they can be dissolved within cancellation periods (the cancellation terms apply).
   Outstanding payment obligations and rights and obligations of SYMCO AG and other users that expressly or by their nature survive the termination of this agreement shall survive. The terminating Member undertakes to hold harmless those Members with whom it has entered into a legal relationship via the KEEY Platform.
   SYMCO AG may terminate the Membership Agreement at any time with twenty (20) days’ notice by notification via email, mobile message, or through the KEEY Platform.
   SYMCO AG may at any time, without prior notice and without giving reasons, suspend a User Account or access to the KEEY Platform and/or suspend or remove Listings if a Member and/or a Listing:
   • materially violates these Terms of Use (see in particular sections 14 and 15) and/or other provisions such as the GTC;
   • violates applicable law;
   • should be suspended to protect Members, the KEEY Platform, or SYMCO AG;
   • repeatedly triggers complaints, e.g., because Offers are not provided as agreed; and/or
   • arouses suspicion of fraud or similar.

SYMCO AG may terminate this Membership Agreement with immediate effect if a third-party provider terminates its contractual relationship with SYMCO AG or fails to provide its services and, as a result, SYMCO AG cannot perform the services under the Membership Agreement and/or cannot fully perform them; in this case, SYMCO AG may, after notifying users, temporarily suspend the provision of the service.
Assessment and notification of affected Members are solely at SYMCO AG’s responsibility and discretion. SYMCO AG may take all necessary measures required and appropriate to comply with applicable law or an order of a court or authority. SYMCO AG also decides whether proceedings before authorities and/or courts will be initiated in the event of a violation of these Terms of Use.
Deletion of a User Account occurs two (2) days after valid termination of the Membership Agreement or after a User Account has been inactive for more than one (1) year.
Members have no claim to restoration of a User Account once suspended or deleted by SYMCO AG, and a suspended or deleted Member is prohibited from creating a new User Account or using another Member’s User Account. Appeals may be submitted by email and will be decided conclusively at SYMCO AG’s discretion.

1. Disputes Between Members
   If providers and users dispute issues related to the performance of a Listing or the formation, nature, and scope of a Booking, the ordinary courts at the defendant’s domicile or at the location of the property are competent. SYMCO AG is not a party to such proceedings.
   If SYMCO AG receives a complaint about a Member in connection with a Listing offered on the KEEY Platform, SYMCO AG will consider possible mediation attempts and measures and will decide at its own discretion whether to support the parties with mediation or whether they must pursue their claims through ordinary legal channels.

2. Insurance
   We recommend that providers obtain appropriate insurance for their Offers and Listings and carefully review the applicable insurance terms, including details and exclusions. It is the responsibility of providers and users to arrange the relevant insurance.

3. Taxes
   Members are solely responsible for collecting, reporting, and remitting the taxes relevant and applicable to them and/or their Listings or Bookings to the competent tax authorities. Members must comply with applicable law and their obligations in this regard and, where needed, point out to SYMCO AG any support required. Taxes may include: VAT, income, sales or other indirect taxes, tourist taxes, etc.
   SYMCO AG reserves all rights to cooperate with tax authorities in connection with tax matters, to obtain and/or report information to them, or to withhold taxes from payouts to Members—even against the Members’ wishes. Taxes collected and/or remitted directly by the KEEY Platform on instruction will be shown to Members in their transaction records. For objections to directly collected taxes and for claims for refunds, Members must contact the competent tax authority directly and recover the amounts there.
   SYMCO AG reserves the right to suspend Members who violate applicable tax regulations from the KEEY Platform and to report them to the tax authorities.

4. Warranty and Liability of SYMCO AG
   SYMCO AG assumes no warranty or responsibility for the existence, conduct, capacity, safety, quality, or lawfulness of Members, Listings, or third parties. Any checks of Members or Listings carried out by SYMCO AG do not guarantee that no inaccurate or false information is published on the KEEY Platform.
   SYMCO AG makes no warranty for uninterrupted operation of the KEEY Platform. In particular, SYMCO AG has no influence on and no responsibility for outages or disruptions of server, internet, and telecommunications infrastructure. Without prior notice and without compensation to Members, SYMCO AG may temporarily restrict or shut down the availability of the KEEY Platform or certain functions if necessary due to capacity constraints, security or integrity of the KEEY Platform and servers, or for maintenance.
   To the extent permitted by law, SYMCO AG’s liability is fully excluded and is governed by the General Terms and Conditions (GTC).

5. Indemnification
   Affected Members of the KEEY Platform will indemnify, defend, and hold harmless SYMCO AG (including all affiliates and their corporate bodies and employees) from and against all claims, losses, and expenses, including the costs of legal defense, arising from or in any way connected with:
   • a violation of laws, regulations, or third-party rights such as intellectual property or data protection rights;
   • a breach of these Terms of Use, the GTC, and their contractual components;
   • improper use or misuse of the KEEY Platform;
   • an Offer or the performance of an Offer, whether through injury, loss, or damage of any kind;
   • any failure by a Member—or by us acting on your instruction—to correctly report, collect, or remit taxes.

This indemnification obligation applies only if and to the extent that the claims, liabilities, damages, losses, and expenses were caused by your culpable breach of an obligation towards SYMCO AG.

1. Changes to the Terms of Use
   SYMCO AG may unilaterally supplement and/or amend these Terms of Use at any time in accordance with the following provisions:
   • supplements and/or amendments will be notified to Members thirty (30) days before they take effect;
   • the supplements and/or amendments will be published on the KEEY Platform and appropriately marked;
   • notification to Members will be made by email and/or via the User Account/profile.

Members who do not agree to the supplements and/or amendments may terminate the Membership Agreement in accordance with these Terms of Use by deleting their User Account. If the Membership Agreement has not been deleted by the effective date of the supplemented or amended Terms of Use, Members declare their consent to the amended Terms of Use.

1. Governing Law and Jurisdiction
   These Terms of Use are governed exclusively by substantive Swiss law, subject to mandatory consumer protection provisions in a Member’s country of residence. Unless mandatory consumer protection provisions provide otherwise, the ordinary courts at the registered office of SYMCO AG, Switzerland, have exclusive jurisdiction for disputes arising from the contractual relationship with SYMCO AG.