Terms of use

1. Parties and scope

The contracting party is Said Zejjari, acting under the name PilatusWeb, Lucerne, Switzerland (the «operator»). These terms apply to hipsmile.com and the HipSmile app. Use, account creation or publication of a listing constitutes acceptance. The user’s conflicting terms do not apply.

2. Service

HipSmile is an information-society and hosting service. The operator provides technical functions so that nearby requests and offers can be seen and so that users or partner organisations can choose a contact path. The operator does not owe a successful help outcome, introduction of a particular person, verification of need, or the carrying-out of meetings, transport, payments or gifts in kind.

3. No special status

HipSmile is not a public authority, welfare office, hospital, pharmacy, bank, trustee, religious body or substitute for recognised associations, foundations or kafala authorities. Content on the platform is not medical, legal, financial or religious advice.

4. Who may use the service

The services are for persons aged 18 or over with full legal capacity. Legal entities and associations act through authorised adults. The operator may refuse, limit or end use without giving reasons, except where mandatory law requires otherwise.

5. Account and accuracy

Information must be accurate. The user keeps credentials secret and is liable for use of the account unless misuse is reported without delay. Identity checks by the operator are not warranted.

6. Listings

Any review before publication is voluntary and does not shift responsibility. The posting user or partner organisation remains solely responsible for content, images, need, offers, lawfulness and performance. The operator does not confirm that a need exists, that a person exists, that goods are safe or lawful, or that an organisation is authorised. Website examples are not real cases.

7. User content

By posting, the user grants the operator a free, worldwide, non-exclusive licence to host, store, reproduce and display the content to run the platform. The user warrants that they hold all rights and infringe none. The operator does not become owner of the content.

8. Partner organisations

Associations, foundations, authorities and other partners remain solely holders of their mandate, duties of care and relationship with the people they support. Listing, a campaign or a technical link does not create a joint venture, partnership, agency or transfer of duties to the operator.

9. Contact and meetings

Contact, chat, calls and meetings take place solely at the parties’ own risk. The operator does not organise, supervise or insure meetings. Public places are recommended, not ordered. Each user must assess identity, safety and local law before meeting, handing over or receiving anything.

10. Money, goods, medicines

The operator does not, as a rule, receive money for help and does not run an escrow account. Money and gifts in kind are at the parties’ risk. Private supply of medicines may be unlawful at the place of the act; such acts rest solely with the parties and, where provided, with authorised organisations. The operator does not recommend circumvention of medicines, customs or association law.

11. Sponsorship and kafala

Sponsorship, kafala or similar forms, if any, run only through organisations authorised to do so. HipSmile is not a kafala authority. Children’s faces and identifying data must not be published.

12. Prohibited use

Prohibited in particular: fraud, misrepresentation of need or identity, harassment, threats, hate, sexual solicitation, exploitation, trade in prohibited items, sanctions evasion, posting about minors outside permitted paths, and any other unlawful use under the law of the place of the act, Switzerland, the EU or the user’s country of residence.

13. Notice and removal

Report infringements to app@hipsmile.com, with a precise URL or listing ID and an explanation. The operator may block or delete content, restrict accounts and involve authorities. A duty to give reasons exists only where the law requires it. Receipt of a notice does not create a general monitoring duty or liability for unreported content.

14. Availability

Services are provided without a warranty of uninterrupted availability. Maintenance, force majeure and failures of hosting, Firebase, app stores, networks or devices give rise to no claims.

15. Liability

The operator is fully liable for intent and gross negligence and for personal injury where mandatory. Otherwise liability is excluded to the extent permitted by law, including for slight negligence, auxiliaries, indirect or consequential loss, lost profit, missed help, failed meetings, quality or lawfulness of third-party offers, acts or omissions of users or organisations, data loss, and third-party outages. Any remaining liability is capped at the amount the user paid the operator for the affected service in the twelve months before the event, and not beyond the maximum the law allows. If the service is free of charge, there is no liability beyond what the law makes mandatory.

16. Indemnity

The user indemnifies the operator against third-party claims arising from the user’s content, help, meetings or other use, including reasonable defence costs, provided the operator informs the user without delay and does not conduct the defence in bad faith.

17. Term and suspension

The user may request deletion of the account at any time. The operator may end the contract ordinarily or for cause, remove content and block access. Accrued claims survive.

18. Law, venue, regional rules

Swiss law applies, excluding the CISG. Exclusive venue is Lucerne, Switzerland, where permitted. Mandatory consumer, data-protection and other rules of the user’s country of residence remain unaffected, including in the EU/EEA, the United Kingdom, Switzerland, Morocco, Tunisia, Egypt, the UAE and other African and Arab states where the service is used. Where those rules cannot be waived, this agreement applies alongside them.

19. Language, changes, severability

If language versions conflict, the German text prevails; other versions are for information. The operator may change these terms for the future; the published version applies from use after publication. If a clause is invalid, the rest remains in force; it is replaced by the valid rule closest to its commercial purpose.