Terms of Use

These terms of use (hereinafter the “Terms”) govern access to and use of the application DiagNow, published by TalentWide SA, Rue de Lausanne 127, 1202 Geneva, Switzerland (hereinafter the “Publisher”). By creating an account or using DiagNow, the user accepts these Terms.

1. Purpose of the service

DiagNow is a SaaS platform for expert appraisal firms and professionals producing expert reports, particularly pollutant and VDI reports. Depending on the selected plan, the platform may include file management, PDF reports, clients, CRM, quotes, invoices, payments, reminders, a shared calendar, a client portal, a service catalogue and organization settings.

2. Account creation and access

• Access to the service requires a personal account registered in the user's own name.
• The user undertakes to provide accurate information and keep it up to date.
• The user is responsible for keeping their login credentials confidential and for actions taken through their account.
• The Publisher may require or recommend security measures, including two-factor authentication.
• An organization may invite team members. The organization administrator is responsible for managing members' access, roles, departures and permissions.

3. Free trial, plans and billing

DiagNow may offer a 30-day free trial. The trial terms, available modules, plans, user limits and storage are those displayed on the website or in the application at the time of subscription.

Prices are stated in Swiss francs (CHF), excluding VAT unless otherwise indicated. Subscriptions are billed according to the selected plan, the number of users, any options and additional storage.

Payments and subscriptions are processed through a secure payment service provider. By confirming checkout, the user agrees to pay the displayed amount and to the transmission of the information required for billing, payment, subscription management and fraud prevention.

The prices applicable to new subscriptions are those displayed on the website, in the application or at checkout at the time of subscription. A general price change applies immediately to new subscriptions but does not automatically change the price of subscriptions that are already active.

For subscriptions that are already active, any price increase will be notified in advance by email, in-app notification or another durable medium, specifying the previous price, the new price, the effective date and the consequences for the subscription. Unless the customer expressly agrees otherwise, the increase will not apply before the next contractual period or the next relevant renewal.

If the user rejects an increase applicable to their active subscription, they may terminate the subscription before the stated effective date without any termination fee related to that increase. Periods already paid for remain due and will not be increased retroactively.

An upgrade may take effect immediately. For a downgrade, DiagNow may schedule the change for the end of the period already paid for. Unless required by mandatory law or agreed otherwise in writing, a downgrade does not automatically entitle the user to a refund for the current period.

4. Permitted use

The user undertakes to:

• use DiagNow for its intended professional purpose and in accordance with applicable law;
• not attempt to access data, organizations or accounts that do not belong to them;
• not circumvent technical, plan, storage or user limits;
• not disrupt the security, integrity or availability of the platform;
• not upload unlawful, offensive or malicious content, or content that infringes third-party rights;
• have the right to process the data they enter or import into DiagNow, including clients, contacts, photos, plans, signatures, reports and documents.

5. Data and responsibility of the organization

The user or their organization retains ownership of the business data entered into DiagNow. The Publisher has only a limited right to host, process, display, export, back up and secure that data in order to provide the service.

The user organization is responsible for the content it enters into DiagNow and for ensuring its compliance with the law, particularly with respect to data protection, professional secrecy, image rights, contractual rights and obligations toward its own clients.

DiagNow's processing of personal data is described in the privacy policy. The policy forms part of the contractual documents applicable to use of the service.

6. Subprocessors and third-party services

DiagNow relies on service providers that are necessary for operation of the service, including hosting, payment processing, product analytics, email delivery and security. Certain third-party services, such as a payment service provider, PostHog or an SMTP server configured by the user, may apply their own terms and privacy policies.

The Publisher cannot guarantee the continuous availability of third-party providers or that they will remain free from incidents. However, it uses reasonable efforts to select services suited to the intended use.

7. SMTP and email sending

When the user configures an external SMTP server to send quotes, invoices, reports or messages from DiagNow, the user remains responsible for that configuration, their sending rights, message content, recipients and compliance with the terms of their email provider.

8. Availability and maintenance

The Publisher uses reasonable efforts to ensure the availability of DiagNow. Interruptions may nevertheless occur due to maintenance, updates, security, excessive load, technical incidents, force majeure or failure of a third-party provider. Absolute availability is not guaranteed.

9. Intellectual property

The Publisher retains all intellectual property rights in DiagNow, its code, interfaces, trademark, graphic elements, texts and documentation. Nothing in these Terms transfers any of those rights to the user.

10. Suspension and termination

• The user may request deletion of their account or terminate their subscription through the available features or by contacting the Publisher.
• The Publisher may suspend an account or organization in the event of non-payment, a security risk, abuse, a breach of the Terms or a legal obligation.
• At the end of the contract, data may be exported using the available features. Data subject to a legal retention obligation, particularly accounting data, may be retained for the required period.

11. Liability

DiagNow is a production and management support tool. The user remains responsible for verifying the information entered, generated reports, quotes, invoices, amounts, taxes, deadlines, technical decisions and communications sent to their clients.

To the extent permitted by applicable law, the Publisher is not liable for indirect damages, loss of profit, loss of opportunity, loss of data attributable to the user, input errors, misconfiguration, third-party unavailability or improper use. In all cases, the Publisher's liability is limited to the amount paid by the user or their organization during the previous twelve months.

12. Amendments to the Terms

The Publisher may amend these Terms to reflect legal, technical, commercial or functional developments. Material changes may be communicated by email, in-app notification or a message on the website. Continued use of the service constitutes acceptance of the amended Terms.

13. Governing law and jurisdiction

These Terms are governed by Swiss law. Any dispute falls within the jurisdiction of the competent courts of the Canton of Geneva, subject to any applicable mandatory legal remedies.

14. Contact

For any questions: info@diagnow.ch