Términos y condiciones

Apsara Software GmbH provides the Ocio Platform — an online solution that helps businesses improve their efficiency and growth. End users interact with the platform online through various websites, apps, or AI agents powered by Ocio. These websites may represent business customers of Apsara, or may be offered directly by Apsara Software GmbH.

This document covers the terms and conditions for any user interacting with the Ocio Platform through any online channel. The end user may be a representative of a business, or an unaffiliated user — this document covers both.

This document does not include the business terms and conditions between Ocio and a business that subscribes to the Ocio Platform: those are agreed separately and individually (the "Business Contract"). For a person who acts for such a business, these Terms govern their online access, and the Business Contract governs the business relationship and prevails on it. Likewise, when you book or buy from a business through the Ocio Platform, that purchase is a contract between you and the business, under the business's own published terms.

By creating an Ocio Account or using any part of the Ocio Platform, you agree to these Terms. If you do not agree, do not use the Ocio Platform.

3.1 Technical platform provider. The Operator's role is strictly that of the provider of a technical platform. The Operator does not:

• own, operate, lease, manage, or supervise any Facility;
• employ, contract, supervise, train, vet, or insure any Instructor or Personnel;
• author, schedule, organise, sponsor, host, or sell admission to any Class, Event, or Plan;
• set, recommend, vet, or guarantee any price, fee, surcharge, tax, tip, deposit, or refund;
• collect or hold funds in its own name on behalf of any Tenant or User; payments flow through Stripe directly to the Tenant (see § 9);
• issue invoices, receipts, or fiscal documents on behalf of any Tenant;
• verify the identity, qualifications, licences, employment status, fitness, sobriety, behaviour, or background of any User, Instructor, Member, Tenant employee, or other Tenant agent;
• guarantee the existence, availability, accuracy, quality, safety, or legality of any Facility, Instructor, Class, Event, Plan, or other Catalog item;
• guarantee uninterrupted operation of any App or feature; or
• act as a publisher of any Content uploaded, configured, or transmitted by Users or Tenants.

3.2 No agency, partnership, or joint venture. Nothing in these Terms creates any agency, partnership, employment, joint venture, franchise, fiduciary, or similar relationship between the Operator and any User, Tenant, Instructor, or Member.

3.3 No party to bookings. Any booking, reservation, purchase, lesson, or other transaction made via the Ocio Platform is a contract

This Section is the heart of these Terms. It allocates responsibility among the Operator, Tenants, Users, and third parties. Where a responsibility is allocated to a Tenant, User, or third party, the Operator disclaims all liability for that subject matter to the maximum extent permitted by law.

4.1 Tenant Responsibilities

Each Tenant is solely responsible for, and the Operator disclaims all liability arising from:

(a) Catalog accuracy — the existence, description, naming, photographs, attributes, capacity, location, opening hours, age limits, dress code, equipment provided, accessibility status, and any other characteristic of any Facility, Instructor, Class, or other Catalog item;

(b) Pricing — the price of any item, including base price, surcharges, taxes (VAT, MwSt., tourist tax, etc.), tips, deposits, late fees, no-show fees, and dynamic / time-based / tier-based pricing rules;

(c) Availability and scheduling — the actual availability of any Facility, Instructor, or Class, including the consequences of overbooking, double-booking, equipment failure, weather, or any operational event at the venue;

(d) Performance — actually delivering the booked Facility, Instructor, Class, Event, lesson, or service to the User in line with what was booked;

(e) Cancellation and refund policy — the conditions under which a User may cancel, modify, or seek a refund for a Booking; whether refunds are full, partial, in cash, in store credit, or denied; and the timing of any refund processing. The Operator will action a refund via Stripe only on the Tenant's instruction or as required by law;

(f) Identity and age verification

5.1 One account, many Apps. A single Ocio Account identifies you across every App on the Ocio Platform. Signing up on any App creates the same underlying Ocio Account, which can then be used on every other App.

5.2 Profile Name. Your account is identified externally by a stable Profile Name (e.g. user_ab12cd34). Your internal account identifier is never exposed to other Users, Tenants, or third parties.

5.3 Registration. To create an Ocio Account you must provide a valid email address and a password, or sign in via a supported third-party identity provider (where the Tenant has enabled this option). Mandatory and optional data collected at sign-up are described in the Privacy Policy.

5.4 Eligibility. You must be at least 18 years old to create an Ocio Account. A parent or legal guardian may register their minor for a Tenant offering only where the Tenant explicitly supports this and the parent or guardian assumes full responsibility under § 4.2(d). Each Tenant may impose additional age, health, or fitness requirements; these are part of the Tenant Terms.

5.5 Account security. You are responsible for keeping your credentials confidential and for all activity that occurs under your Ocio Account. You must notify the Operator promptly at the contact in § 26 if you suspect unauthorised use.

5.6 One person, one account. You may not maintain multiple Ocio Accounts to circumvent suspensions, bans, rate limits, free-tier quotas, or any other Tenant- or Operator-imposed restriction.

6.1 License to you. Subject to your continued compliance with these Terms, the Operator grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Ocio Platform via the Apps, solely for your personal, non-commercial use as an End User (or, where you are an authorised Tenant agent, in the scope of your Tenant role).

6.2 Acceptable use. You will not, and will not permit any third party to:

(a) use the Ocio Platform in violation of any law, regulation, or third-party right;

(b) misrepresent your identity, age, affiliation, or authority;

(c) post, transmit, or link to Prohibited Content (see § 15);

(d) use any robot, scraper, crawler, automated agent, or AI system to access, copy, index, train on, or extract Content from the Ocio Platform without the Operator's prior written consent;

(e) reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets from the Ocio Platform, except where such activity is expressly permitted by mandatory law;

(f) probe, scan, or test the vulnerability of the Ocio Platform or any system connected to it, or breach or circumvent any security or authentication measure;

(g) interfere with, disrupt, overload, or impair the Ocio Platform or its underlying infrastructure, or any other User's or Tenant's use of it;

(h) use the Ocio Platform to send spam, chain letters, or unsolicited commercial communications;

(i) collect or harvest any personal data of other Users, including contact details, except as expressly permitted by the Ocio Platform features and the consent of those Users;

(j) sell, resell, sublicense, lease, lend, or otherwise commercially exploit the Ocio Platform or your Ocio Account;

7.1 Ownership. As between you and the Operator, you retain all rights you have in the Content you create on the Ocio Platform.

7.2 Licence to the Operator. By creating, uploading, or transmitting Content on the Ocio Platform, you grant the Operator a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, modify (e.g. resize, transcode, translate), display, distribute, and otherwise process that Content as necessary to operate the Ocio Platform, deliver the Content to its intended recipients, comply with law, enforce these Terms, and improve the Ocio Platform. This licence terminates when you delete the Content, except (i) for backup copies that age out per the Privacy Policy retention schedule, and (ii) where the Content has been shared with other Users who retain a copy.

7.3 Your representations. You represent and warrant that you own or have the necessary rights, consents, and licences to grant the licence in § 7.2 for every piece of Content you contribute, and that the Content does not violate any third-party right or any law.

7.4 No obligation to monitor. The Operator has no obligation to monitor, vet, edit, or filter Content. Where the Operator becomes aware of Content that violates these Terms or applicable law, the Operator may remove, block, hide, demote, or restrict access to that Content without notice.

7.5 Feedback. If you submit suggestions or feedback to the Operator about the Ocio Platform, you grant the Operator an unrestricted, perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, with no compensation to you.

8.1 Catalog rendering only. When you browse a Tenant's Catalog, you are viewing the Tenant's own listings, prices, descriptions, and availability, rendered through the Ocio Platform. The Operator does not vet, edit, or guarantee any of it.

8.2 Order lifecycle. When you place an Order, the Ocio Platform records a request to reserve the selected Facility, Instructor, or Class for the selected slot. The Order moves through internal states (submitted, confirmed, cancelled, superseded) reflecting Tenant configuration, payment outcomes, and exclusion rules that prevent double-booking.

8.3 Contract formation. A confirmed Order results in a contract between you and the Tenant. The Operator is not a party to that contract, does not warrant performance under it, and has no duty to enforce it on behalf of either party.

8.4 Access Tokens. Upon confirmation, the Ocio Platform may issue a single-use Access Token (e.g. a QR code, prefix oqr_…) that you can present at the venue to verify the Booking. The Access Token is bound to the Order, expires at the end of the booked slot, and is invalidated by cancellation or supersession.

8.5 Modifications, no-shows, refunds. All modifications, no-show policies, late-arrival rules, behaviour rules, and refund handling are determined by the Tenant Terms. The Operator will execute Stripe refunds only on Tenant instruction or where required by law.

8.6 Tenant-side blocks.

9.1 Processor. Card payments via the Ocio Platform are processed by Stripe under Stripe's own agreement with the relevant Tenant. The Operator does not receive, hold, or transmit your card data; card data is sent directly to Stripe by the User's browser or device.

9.2 Operator is not a payments party. The Operator is not a payment institution, money transmitter, or e-money issuer. Funds for any Booking flow from you to Stripe to the Tenant. The Operator does not receive those funds in its own name.

9.3 Currency, taxes, surcharges. Currency, tax (VAT, MwSt., tourist tax, etc.), tips, and surcharges shown at checkout are configured by the Tenant. Their accuracy and lawfulness are the Tenant's responsibility (see § 4.1(b), (j)).

9.4 Receipts and invoices. Receipts and invoices are issued by the Tenant or by Stripe on behalf of the Tenant. The Operator does not issue fiscal documents in respect of Tenant offerings.

9.5 Chargebacks. A chargeback initiated through your card issuer is handled between you, your issuer, Stripe, and the Tenant. The Operator may suspend the disputed Order pending resolution but takes no other action and bears no liability.

9.6 Operator fees. As of the Effective Date, the Operator does not charge End Users for use of the Ocio Platform itself. The Operator reserves the right to introduce End-User fees in future, on 30 days' prior notice by email or in-App. If you do not wish to accept new fees, you may stop using the Ocio Platform before they take effect; existing confirmed Orders will be honoured at the originally-agreed price.

10.1 What a Plan is. A Plan is a User-created on-platform gathering — a meeting, match, group activity, or social event proposed by you to other Users. Plans are User Content under § 7.

10.2 Public Plans are visible to all Members of the relevant Community.

10.3 Private Plans are visible only to the Users you invite or who hold the access link.

10.4 Plan creator's responsibility. The Plan creator is responsible for the accuracy, legality, safety, and conduct of the Plan, including any meeting place, age suitability, supervision of minors, and required permits.

10.5 No vetting. The Operator does not vet Plans, attendees, or meeting places, and disclaims any duty of care to Plan attendees beyond the technical operation of the Plan feature.

10.6 No physical safety guarantee. Meeting other people through the Ocio Platform carries inherent risk. You are responsible for taking the precautions you consider appropriate.

11.1 Where available. Chat between Users is offered on Apps where the Tenant has enabled it. Community-oriented Apps generally enable Chat to support Member-to-Member communication; booking-focused Apps may enable Chat selectively or not at all.

11.2 Server-side storage. Chat messages are stored server-side on the Ocio Platform. They are not end-to-end encrypted. The Operator may access them for safety, moderation, abuse-handling, legal compliance, and the resolution of User reports.

11.3 Not a private messenger. The Chat feature is a community convenience, not a confidential messenger. Do not use it to transmit highly sensitive information (passwords, full payment details, identity documents, medical data, etc.).

11.4 Moderation. The Operator may, at its discretion, remove messages, restrict a User's ability to send messages, or suspend the Chat feature globally or for a particular Community.

12.1 Profiles. Where an App exposes Profiles, you decide what to publish: display name, profile picture, interests, level, languages, location preference, and similar fields. The Ocio Platform does not display fields you have not chosen to share. Some fields are required to use a particular feature (e.g. a Member Directory listing requires a display name).

12.2 Member Directory. Tenants of community Apps may operate a Member Directory to help Members find one another. The Tenant configures inclusion, ranking, and filtering rules; the Operator does not curate the Directory. You can opt out of being listed where the App provides that control.

12.3 Connections and Contacts. The Ocio Platform records the connections and contacts you make on it (mutual follows, accepted contact requests, contact exchanges, plan attendances). You can review, manage, and remove these from your settings.

12.4 Recommendations and matching. Where an App offers recommendations — suggested Members, suggested Plans, suggested Events, "people you may know", "players at your level near you" — those recommendations are produced by the Ocio Platform from your activity, interests, and location preferences (and equivalent inputs from other Users). Recommendations are a convenience and do not constitute a vetting, endorsement, or safety judgement of any User, Plan, or third party.

12.5 No vetting of other Users. The Operator does not verify the identity, age, qualifications, intentions, or trustworthiness of any User you connect with through the Ocio Platform. You are responsible under § 4.2(h)–(i) for deciding whether to engage with another User and for your safety in any meeting that follows.

12.6 Contact details. Email addresses, phone numbers, and similar contact details are not visible to other Users by default. They are exchanged only where you explicitly use a contact-exchange feature, where you publish them on your Profile, or where required by law.

13.1 You may choose not to engage with other Users, Tenants, or Communities and may block, mute, or unfollow within the limits of the App.

13.2 A Tenant may restrict, suspend, or remove a Member from its Community at the Tenant's discretion, provided this is consistent with these Terms and applicable anti-discrimination law. The Operator is not responsible for the Tenant's exercise of this discretion.

14.1 Events vs. Plans. "Plans" are User-created gatherings within the Ocio Platform (§ 10). "Events" are third-party listings (concerts, tournaments, public happenings, etc.) imported from external sources by the Operator and rendered for discovery purposes.

14.2 No publisher role. The Operator does not author or curate Events. The Operator does not contract with originating sources to guarantee accuracy, currency, or legality of imported data.

14.3 Booking through Events. Where an Event listing offers a "Book" or "Reserve" action, that action takes place either (i) within the Ocio Platform under § 8 if the Tenant has integrated the Event with its Catalog, or (ii) externally on the originating source's own platform; in case (ii) the Operator's role ends at directing you to the external source.

14.4 Removal. The Operator may remove or stop sourcing any Event at any time without notice.

You may not, and will not permit any third party to, post, transmit, link to, or upload Content that:

(a) is unlawful, defamatory, libellous, fraudulent, deceptive, or misleading;

(b) infringes any intellectual-property, privacy, publicity, or other right;

(c) is obscene, pornographic, gratuitously violent, or contains nudity;

(d) is harassing, threatening, discriminatory, or that promotes hatred or violence on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristic;

(e) depicts, encourages, facilitates, or solicits any child sexual abuse material (CSAM), child grooming, sexualisation of minors, sextortion of a minor, child trafficking, or any other harm to a minor — see § 16;

(f) promotes self-harm, suicide, eating disorders, dangerous challenges, terrorism, or violent extremism;

(g) advertises sex work, escort services, "sugar" relationships, or gambling outside a properly licensed framework;

(h) contains malware, viruses, worms, trojans, spyware, or any other malicious code;

(i) contains unsolicited commercial communication (spam) or pyramid-scheme content;

(j) impersonates another person or entity or misrepresents your affiliation;

(k) discloses another person's personal data without their consent (so-called "doxing");

(l) is inconsistent with the purpose and lawful use of the Ocio Platform; or

(m) the Operator otherwise reasonably considers harmful to Users, Tenants, the Ocio Platform, or third parties.

16.1 Zero tolerance for CSAM. The Operator strictly prohibits CSAM, child grooming, and any sexual exploitation or abuse of minors, in line with applicable national and international child-protection law and Google Play's Child Safety Standards Policy.

16.2 Reporting. Users can report suspected CSAM or child endangerment in-App or by contacting the Operator at the address in § 26. The Operator will, upon actual knowledge, remove the content, terminate the responsible account, preserve evidence, and report to competent authorities — including, in Switzerland, clickandstop.ch (Kinderschutz Schweiz / Guido Fluri Stiftung) and, where applicable, the National Center for Missing and Exploited Children (NCMEC).

16.3 Child Safety Point of Contact. Apsara Software GmbH, +41 78 704 2572, [email protected] (English / German).

17.1 Reasonable efforts. The Operator makes reasonable efforts to keep the Ocio Platform safe, using a combination of automated tools, community reporting, and human review. Automated tools may make errors.

17.2 Right of human review. Where an automated decision significantly affects you (e.g. account suspension, message deletion), you may request a human review at the contact in § 26, in line with GDPR Article 22.

17.3 No guarantee. The Operator cannot and does not guarantee the absolute safety of the Ocio Platform, the conduct of other Users, or the conduct of any Tenant or Tenant agent.

18.1 Operator IP. All software, code, design, branding, "Ocio" name and logo, and other materials of the Ocio Platform are owned by the Operator or its licensors and are protected by copyright, trademark, database, and other intellectual-property law. No licence is granted except that of § 6.1.

18.2 Tenant IP. Tenant brands, logos, photographs, descriptions, and Catalog content remain the property of the Tenant or its licensors.

18.3 User IP. User Content remains owned by the User, subject to the licence in § 7.2.

18.4 DMCA / IP take-down. If you believe your IP rights have been infringed by Content on the Ocio Platform, send a written notice to the contact in § 26 with the elements required by Swiss copyright law and (where applicable) 17 U.S.C. § 512(c). The Operator will act on properly-formed notices.

19.1 The Operator's collection and use of personal data are described in the Ocio Privacy Policy. By using the Ocio Platform you acknowledge that policy.

19.2 In respect of personal data processed for on-premises purposes by a Tenant (e.g. CCTV at the venue, door-access logs, paper sign-ups, the Tenant's marketing list), the Tenant is a separate, independent controller. The Operator has no visibility into or responsibility for such processing.

19.3 Where required by GDPR Article 26, the Operator and a Tenant may enter into a joint-controllership arrangement; the essential terms will be made available to data subjects upon request.

20.1 By you. You may stop using the Ocio Platform at any time and delete your Ocio Account through your profile settings, subject to the satisfaction of any outstanding obligations to a Tenant.

20.2 By the Operator. The Operator may, with or without notice, suspend, restrict, or terminate your Ocio Account, any Booking, any piece of Content, or any feature, where:

(a) you breach these Terms or applicable law;

(b) your activity poses a risk to the Operator, Tenants, other Users, or third parties;

(c) the Operator is required to do so by law, regulation, or competent authority;

(d) the Operator discontinues a feature, an App, or the Ocio Platform; or

(e) your account has been inactive for three (3) consecutive years.

20.3 Effect of termination. Termination does not extinguish accrued rights or obligations (including outstanding payment obligations to a Tenant or refund entitlements). Provisions that by their nature should survive (definitions, IP, disclaimers, liability, indemnification, governing law, dispute resolution, miscellaneous) survive termination.

21.1 "As is", "as available". The Ocio Platform is provided "as is" and "as available" with no warranty of any kind, express, implied, statutory, or otherwise, to the maximum extent permitted by law. Without limiting the foregoing, the Operator disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted operation, security, and freedom from harmful components.

21.2 No warranty as to Tenants, Instructors, Facilities, Classes, Events, Plans, or other Users. The Operator gives no warranty regarding the existence, identity, qualifications, conduct, fitness, sobriety, safety, performance, or accuracy of any Tenant, Tenant employee, Instructor, Facility, Class, Event, Plan, other User, or third-party originator of sourced Content. You assume all risk of dealing with them.

21.3 No professional advice. The Ocio Platform does not provide medical, legal, financial, fitness, coaching, or other professional advice. Anything you obtain via the Ocio Platform is for informational purposes only.

22.1 Excluded losses. To the maximum extent permitted by law, in no event will the Operator be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, savings, business, goodwill, data, or use, in each case whether arising under contract, tort (including negligence), strict liability, statute, or otherwise, even if advised of the possibility of such loss.

22.2 Aggregate cap. The Operator's aggregate liability arising out of or in connection with the Ocio Platform or these Terms in any twelve-month period is limited to the greater of (a) the total amount actually paid by you to the Operator (excluding amounts paid to Tenants or to Stripe) in the twelve months preceding the event giving rise to the claim, or (b) CHF 100. As of the Effective Date the Operator does not charge End Users; you acknowledge that (a) is therefore typically zero.

22.3 Exclusions in favour of mandatory law. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that the consumer-protection law of your habitual residence prohibits from being excluded.

23.1 By you. To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Operator from and against any and all claims, demands, proceedings, losses, damages, fines, penalties, and reasonable legal fees arising out of or related to:

(a) your breach of these Terms or applicable law;

(b) your Content;

(c) your conduct on or off the Ocio Platform in connection with any Tenant, Booking, Plan, Class, Event, Instructor, or other User;

(d) any claim that any Content you contributed infringes any third-party right; and

(e) any tax obligation arising from your activity that is allocated to you under applicable law.

23.2 Tenants. Each Tenant is required by its separate B2B agreement with the Operator to indemnify the Operator against any claim arising from the matters allocated to the Tenant in § 4.1. End Users are not third-party beneficiaries of those indemnities.

24.1 The Operator may amend these Terms at any time. Material changes will be communicated by email and/or in-App at least 30 days before they take effect, except where a shorter notice period is required by law (e.g. urgent security or compliance changes).

24.2 Your continued use of the Ocio Platform after the effective date of the change constitutes acceptance of the amended Terms. If you do not accept the changes, your remedy is to stop using the Ocio Platform and, if you wish, delete your Ocio Account.

25.1 Governing law. These Terms are governed by Swiss law, excluding its rules on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods.

25.2 Forum. Subject to mandatory consumer-protection law, the courts of Zürich, Switzerland (Handelsgericht Zürich for commercial matters) have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Ocio Platform. Consumers domiciled in an EU/EEA Member State retain the right to bring proceedings before the courts of their domicile under Regulation (EU) 1215/2012, art. 18.

25.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

25.4 No waiver. A failure or delay by the Operator to enforce any right under these Terms is not a waiver of that or any other right.

25.5 Assignment. You may not assign these Terms or any rights under them without the Operator's prior written consent. The Operator may assign these Terms in whole or in part to any successor in interest, including in connection with a merger, acquisition, or sale of assets.

25.6 Force majeure. The Operator is not liable for any failure or delay in performance caused by an event beyond its reasonable control (acts of God, war, terrorism, civil unrest, government action, network or infrastructure failure, denial-of-service attack, pandemic, etc.).

25.7 Entire agreement. These Terms, together with the Ocio Privacy Policy and the Ocio Cookie Policy, constitute the entire agreement between you and the Operator regarding your use of the Ocio Platform as an end user

Apsara Software GmbH

Mailing address: Hohlstrasse 210, 8004 Zürich, Switzerland

Email: [email protected]

Phone: +41 78 704 2572