1. Purpose
These Terms of Use (the Terms) govern access to and use of the IMOZ.CH service available at imoz.ch and through the associated applications (the Service). The Service is published by DIZZUS GmbH, a limited liability company under Swiss law with its registered office in Zug, UID CHE-469.903.322 (the Publisher, hereinafter imoz). Contact: form on the Help page (imoz.ch/support) or by post to DIZZUS GmbH, Chamerstrasse 172, 6300 Zug, Switzerland.
IMOZ.CH is a software tool intended for landlords and their agents for property management in Switzerland. Its functional scope notably covers: management of leases and lease documents, condition reports with photos, rent tracking with QR-bills, receipts and bank reconciliation, payment reminders and formal notices (art. 257d CO), terminations and guidance towards the official cantonal forms, rent adjustments (art. 269d CO), service charge statements, including per building and for condominiums, publication of listings and receipt of applications, the maintenance contract register, tracking of the rent deposit (art. 257e CO), correspondence, the conciliation file and a tenant portal. Certain documents are sealed and publicly verifiable on imoz.ch/verify, depending on the subscribed plan. By creating an account or using the Service, you acknowledge that you have read these Terms and accept them without reservation. If you do not accept them, you must not use the Service. The Terms are read together with the Privacy Policy and, where applicable, with a data processing agreement. In the event of a contradiction with a specific signed agreement, the latter prevails on the point concerned.
2. A tool, not legal advice
imoz is a software tool that assists with property management. It provides you with templates, calculations, automations and documents generated from the information you enter. imoz does not provide any legal, tax or accounting advice, does not act as a substitute for a lawyer, a notary or a fiduciary, and does not establish any advisory mandate relationship with you.
The documents generated (leases, rent notices, increases or reductions, reminders and formal notices, terminations, attestations, statements) are drafting aids produced automatically. They are not validated on a case-by-case basis by a legal professional for your situation. It is your responsibility to verify the accuracy and adequacy of each document, in particular against cantonal requirements as to form and time limits. imoz expressly recommends having any sensitive instrument validated by a qualified professional before it is issued, in particular terminations, rent increases, notices on official forms and formal notices, whose formal defects are often irreparable.
3. Pure SaaS model: imoz never collects the rent
imoz is a software publisher and not a financial intermediary. imoz never receives, holds or collects the rent or the deposits at any time. The rent is paid directly by the tenant to the landlord: the QR-bills generated bear the landlord's IBAN or QR-IBAN, and the funds pass exclusively between the tenant and the landlord. The rent deposit remains in a blocked account within the meaning of art. 257e of the Swiss Code of Obligations and is never held by imoz.
The only financial flow received by DIZZUS is the subscription, collected through the payment provider. imoz therefore does not carry out any activity subject to financial market supervision and falls outside the scope of the Anti-Money Laundering Act and of FINMA supervision as regards rent and deposit flows. Bank reconciliation consists solely of reading and processing the statement information that you provide, for monitoring purposes, without any collection of funds.
4. Account and eligibility
Opening an account requires you to be a natural person of legal age with full civil capacity, or a duly represented legal entity. By opening an account for a legal entity, you warrant that you have the necessary powers to bind it. The Service is intended for professional or semi-professional property management use, it being specified that a landlord who is a natural person may benefit from the mandatory protections of consumer law where the law so provides.
You are responsible for the accuracy of the information provided and for keeping it up to date, as well as for the confidentiality of your credentials and for any activity carried out from your account. imoz makes security measures available (password policy, session expiry, re-authentication for sensitive operations); it is up to you to use them. You undertake to report without delay any unauthorised use of your account.
5. Subscription, pricing and termination
The Service is offered with a free plan and paid plans. The free plan is limited to one active lease; it allows data entry, calculations and the generation of documents as unsealed previews (without verification seal), but includes neither the sealing of documents nor the automations (rent generation, reminders, bank reconciliation, automatic checks and alerts). The applicable prices are communicated before any acceptance and are, as of these terms: the Private plan at CHF 29 per month (up to three active leases included) and the Portfolio plan at CHF 79 per month (up to ten active leases included), then CHF 9 per month per additional active lease. A lease that is current in the application, that is, neither closed nor terminated with past effect, is deemed active and billable; a vacant dwelling without a current lease is not counted. The number of active leases is synchronised automatically with the subscription whenever the portfolio changes. An Agency plan, intended for large portfolios and delegated management (number of active leases not capped, multi-user access), is offered on terms established by quote, communicated on request via the contact form; it is not subject to the online subscription or to the trial-and-automatic-conversion mechanism. Paid subscriptions are offered with two commitment durations, monthly and annual, the annual commitment benefiting from a reduced rate communicated before subscription; the commitment duration chosen determines the tacit renewal period. Prices are in Swiss francs (CHF), excluding VAT; as DIZZUS GmbH is liable to VAT, the latter is added at the legal rate in force (8.1%) and appears on the invoice. The price payable, VAT included, is shown on the pricing page before any subscription. Options billed per act, notably advanced or qualified electronic signature through a Swiss provider, may be offered in addition to the paid plans; their conditions and price will be communicated before any activation.
Registration and basic generation are accessible without a card. A free trial of fourteen days is offered, as a commercial facility and not as a legal right of withdrawal. To access the paid features, you provide a valid payment method; at the end of the trial, the subscription converts automatically according to the chosen plan. The exact amount, the date of the first charge at the end of the trial and the commitment duration are indicated to you before subscription, at the time of plan selection; the invoice and the payment receipt are sent to you at the time of the charge. You can cancel at any time before the end of the trial, free of charge and without any debit.
The subscription then renews by tacit renewal for periods of the same duration, unless cancelled. You can cancel at any time, free of charge and without penalty, from your account, using the form on the Help page (imoz.ch/support) or by post to DIZZUS GmbH, Chamerstrasse 172, 6300 Zug, Switzerland; cancellation takes effect at the end of the current commitment period, without refund of the period started, unless a mandatory legal provision provides otherwise. In the event of non-payment, imoz may suspend access to the paid features after a grace period of at least fourteen days, after having given you notice. Suspension interrupts the sealing of documents and the automations; your data remains accessible and exportable. imoz may change its prices for the future; any change is announced at least thirty days before it takes effect and has no effect on a commitment period already paid.
6. User obligations
You undertake to use the Service in accordance with these Terms, with applicable law and with the rights of third parties. You warrant the accuracy of the data entered, in particular amounts, dates and bank details: inaccurate data produces an inaccurate result, for which you remain responsible.
When you enter personal data of third parties (tenants, applicants), you warrant that you have the right and the legal basis necessary to process them through the Service and that you have informed those persons in accordance with the law. For this data, you are the controller and imoz acts as a processor. You undertake not to divert the Service from its purpose, not to circumvent its pricing limits or its security measures, not to introduce unlawful content into it, not to extract its data on a massive scale by unauthorised automated means and not to disrupt its operation. You are solely responsible for the use of the documents generated, for their notification, for their signature and for compliance with legal forms and time limits.
7. Intellectual property
The Service, in its software, graphic and textual components, its document templates, its visual identity, its trademarks and its legal knowledge bases, remains the exclusive property of the Publisher or of its licensors. imoz grants you, for the duration of your subscription, a personal, non-exclusive and non-transferable right of use, limited to your property management activity and to the features of the plan subscribed.
You may not copy, modify, decompile, redistribute or commercially exploit the components of the Service outside the intended use, except within the mandatory limits of the law. The documents that you generate and that contain your own data remain intended for you and may be used freely in the context of your property management, subject to imoz's rights over the templates and the formatting.
8. Availability and absence of guarantee of result
imoz endeavours to ensure the availability and proper functioning of the Service, without guaranteeing uninterrupted or error-free access. The Service may be suspended for maintenance, updates, security or due to events beyond imoz's control, including failures of third-party providers.
The Service is provided as is and as available. imoz does not guarantee that the results, calculations or documents produced will be suited to your particular situation or that they will meet all applicable legal requirements, which vary by canton, by language and over time. imoz does not guarantee any specific legal, tax or financial result. References to the law, to rates and to official forms rely on sources that the Publisher endeavours to keep up to date, without any guarantee of currency or completeness at any given time.
9. Limitation of liability
To the fullest extent permitted by Swiss law, the Publisher is liable for damage caused by its fault. In the event of slight negligence, its liability is limited to direct and foreseeable damage, to the exclusion of indirect or consequential damage such as loss of profit, loss of data, lost earnings, harm to reputation or third-party claims. These limitations do not apply to bodily injury, nor to liability for gross fault or wilful misconduct, nor to the extent that the law mandatorily prohibits them.
In particular, the Publisher is not liable for the legal accuracy, completeness or adequacy to your situation of the documents and calculations generated, nor for the consequences of their use, their notification or their signature, since it is your responsibility to verify them and, for sensitive instruments, to have them validated by a professional. Nor is the Publisher liable for the data that you enter, for decisions made on the basis of the Service, for failure to comply with legal forms and time limits, or for failures of third-party providers. For damage resulting from slight negligence and to the extent permitted by law, the Publisher's total liability, on all grounds combined over a twelve-month period, is limited to the amount of the sums actually paid by you for the subscription during the twelve months preceding the triggering event; where those sums are nil or below CHF 100, this cap is raised to CHF 100. This limitation does not apply with respect to a landlord who uses the Service for private purposes to the extent that mandatory consumer law opposes it.
10. Data protection
The processing of personal data is governed by imoz's Privacy Policy, which forms an integral part of the contractual relationship. For the landlord's account data, imoz is the controller; for the data entered on tenants and applicants, the landlord is the controller and imoz acts as a processor, a data processing agreement being available.
Certain records cannot be deleted immediately despite a deletion request, in particular accounting books and records subject to the ten-year retention obligation (art. 958f of the Swiss Code of Obligations); they are retained for the required period and then deleted or anonymised.
11. Ownership and export of your data
The data that you enter or generate belongs to you. imoz claims no ownership right over the content of your business data and uses it only to provide the Service, under the terms of the Privacy Policy.
You may export your data in a common format, at any time and on all plans, including the free plan. At the end of the relationship, you are invited to export your data before the deletion of your account, subject to the legal retention obligations that require imoz to retain certain records.
12. Account deletion
You may request the deletion of your account from the Service. Deletion entails the termination of the subscription for the future, without refund of the period started except where mandatory law provides otherwise, and the cessation of access to the features.
It triggers the deletion or anonymisation of your data, with the exception of data that the law requires to be retained, in particular accounting records subject to the ten-year retention obligation (art. 958f of the Swiss Code of Obligations) and data necessary for the defence of any claims during the legal time limits. Deletion is handled by role in order to preserve the data for which other users (your tenants, your collaborators) remain responsible or beneficiaries. Artefacts with evidential value already issued and their verification page may be retained for the period required by their evidentiary function.
13. Modification of the Terms
imoz may modify these Terms, in particular to adapt them to legal, technical or offering developments. Substantial modifications are brought to your attention by an appropriate means before they take effect. Unless mandatory law provides otherwise, continued use of the Service after the modifications take effect constitutes acceptance. If you refuse the modifications, you may terminate your subscription under the conditions of article 5.
14. Applicable law and jurisdiction
These Terms and any relationship between you and the Publisher are governed by Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The Swiss rules on unfair competition (UCA) apply in particular to the presentation and use of the Service.
Consumer protection: where a landlord who is a natural person uses the Service for private purposes, they may benefit from the mandatory provisions of Swiss law protecting consumers, in particular regarding the free trial, the prior information before the first charge, the notification of renewal and the ability to cancel easily and free of charge. These mandatory provisions prevail over any contrary clause of these terms.
The exclusive place of jurisdiction is Zug, the Publisher's registered office, subject to the mandatory jurisdictions provided for by law, in particular those protecting consumers where applicable.
