Terms of Service — BeMyTalent

Version: 1.6 Last updated: October 15, 2026 Effective date: October 13, 2026 Publisher: Ekylibr SA (IDE CHE-378.933.385) — Avenue du Mail 18, 2000 Neuchâtel, Switzerland

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1. Purpose

These terms of service ("Terms of Service") govern the use of the BeMyTalent platform ("the Service"), accessible online and via a mobile application, which provides financial, accounting, sales and marketing management tools for entrepreneurs and small businesses/SMEs.

By creating an account or using the Service, you accept these Terms of Service.

2. Definitions

• User: any natural person holding a BeMyTalent account.
• Project: a workspace dedicated to a company / business activity, containing forecasting, accounting, CRM, etc.
• Project member: a User invited by the owner of a Project (roles: viewer, editor, admin).
• User content: any data that you enter, import, upload or generate in the Service.
• Modules: optional functional subsets of the Service, activatable per project (assisted Accounting, Payroll, Inventory, etc.).

3. Account creation and access

• Reserved for adults or persons acting in the course of a professional activity.
• You warrant the accuracy of the information provided.
• You are responsible for keeping your password confidential.
• A Project may be shared between members (roles defined in Project settings).

4. Description of the Service

BeMyTalent provides, per project:

• Forecasting: offerings, expenses, projected salaries, P&L, cash flow, break-even, scenarios.
• Assisted Accounting (optional module): chart of accounts, journal entries, balance sheet, actual P&L, VAT, exports, OCR of receipts/invoices, expense reports, matching, bank reconciliation.
• Payroll (optional module): employee management, Swiss payslips (AVS/AC/LAA/LPP, withholding tax), payroll entries, payment orders.
• Customer invoicing: quotes and invoices (Swiss QR-bill), payment tracking, reminders.
• Inventory & production (optional module): items, movements, batches, stocktakes, production orders.
• Mandates & time: tracking of mandates and billable time.
• CRM: contacts, companies, leads, pipeline, deals, campaigns.
• Inbox: multi-channel conversations (email, WhatsApp, Instagram depending on integrations).
• Integrations: Bexio, Gmail, Shopify, WhatsApp, Instagram (all optional).
• Agent access (API): API keys allowing your own tools or AI agents to interact with your data (see §8).
• Built-in assistant (optional module): conversation with an AI assistant in the application; part of the data is processed by our assistant provider and, for voice dictation, by OpenAI (see Privacy Policy §4ter).

Features may evolve. The removal of a major feature will be notified 30 days before its effective removal.

5. Pricing and billing

• The Service offers a free trial and paid plans.
• The prices in force are published on the Pricing page. Any pricing change will be communicated ≥ 30 days before it takes effect.
• On the website, payment is processed by Stripe. In the iOS application, the subscription is purchased as an in-app purchase: payment is processed by Apple (App Store), the subscription is managed and cancelled from your Apple account, and refunds are then governed by Apple's terms.
• A company can be covered by one subscription at a time: a company that is already subscribed (via the website, the App Store or a granted entitlement) cannot be subscribed a second time through another channel — the application refuses it, so you never pay twice.
• No pro-rata refunds for periods already started, except in exceptional cases.

6. User responsibility

6.1 Data entered

You are solely responsible for:

• the accuracy of the data entered in the Service;
• the compliance of accounting entries, VAT calculations, salaries and social security contributions, and compliance with the Swiss tax and social security obligations applicable to your activity;
• compliance with the rules applicable to your profession (collective bargaining agreements, conventions, articles of association);
• the filing within statutory deadlines of VAT returns, annual accounts, salary certificates and other obligations;
• informing the persons whose data you enter (employees, clients, contacts) — see Privacy Policy §2.1.

6.2 BeMyTalent is not your fiduciary

The Service helps you structure and automate your accounting and payroll, but does not replace an accountant, a fiduciary/accounting firm or a tax advisor. For complex operations (annual closing, tax returns, VAT audits, participation plans, multi-jurisdiction payroll), we recommend having your data verified by a professional.

6.3 Audit and compliance

The Service produces an audit trail and exports facilitating review by you or a third party. It is structured according to Swiss principles of orderly bookkeeping (Art. 957–963 of the Swiss Code of Obligations (CO)) but does not guarantee automatic compliance — you remain responsible for the final review.

6.4 Bulk sending

If you send messages in bulk from BeMyTalent (bulk send from the CRM, through Gmail or another channel):

• you address them only to recipients who have consented, or with whom you have an existing customer relationship for similar products or services; each message clearly states your identity as sender and offers a simple way to refuse further messages (Art. 3 para. 1 let. o of the Swiss Federal Act against Unfair Competition, UCA);
• you also comply with the rules of the provider of the channel used (for Gmail: the Gmail program rules and Google's user-data policy, the "Google API Services User Data Policy");
• BeMyTalent may suspend bulk sending or the connection of a channel in case of reported or observed abuse;
• you remain solely responsible for the content and recipients of your messages.

7. Accounting module — specifics

7.1 OCR (automatic extraction of receipts / invoices)

Automatic reading (OCR) starts for every document dropped into Accounting (for the e-mail drop address, according to its settings: see Privacy Policy §4.3):

• The documents you drop (including by e-mail or photo) are transmitted to Mistral AI (processor, EU) through a temporary download link. Mistral is the only reading service: if Mistral cannot read a document or is unavailable, no other service takes over — the document is declared unreadable and you enter it yourself. Since October 11, 2026, no document is sent to OpenAI any more. See Privacy Policy §4.
• You warrant that you have the right to transmit these documents to a third-party processor (e.g. do not upload documents covered by enhanced professional secrecy without the prior authorization of the persons concerned).
• No automatic posting: every entry produced by OCR goes through human validation before being posted.
• OCR limitations: quality varies depending on the document. You remain responsible for verifying the extracted fields before validation.

7.2 Attachments

• Accepted formats: PDF, JPG, PNG.
• Maximum size: 10 MB per file.
• Private bucket, 15-minute signed URLs.
• Asynchronous ClamAV antivirus scanning: every uploaded file is scanned by a ClamAV worker hosted on Google Cloud Run (region europe-west6, Zurich). A file found to be infected is quarantined and can no longer be opened. Until a document has been cleared, it is never displayed inside the application: it remains downloadable by its owner. See Privacy Policy §5 (Google as processor) and §8.
• Anti-duplication: a SHA-256 hash and a perceptual hash (for images) are computed on each upload to detect exact or visual duplicates. These hashes are stored in BeMyTalent and never transmitted to a processor.

7.3 Accounting retention

Your accounting data (entries, documents, audit) is retained for 10 years in accordance with Art. 958f of the Swiss Code of Obligations (CO), regardless of any termination of your account (a downloadable export is available before deletion).

7.4 Bexio integration (optional)

If you enable the Bexio integration:

• Connection with a personal token: you create a personal API token ("Personal Access Token") at Bexio and paste it into BeMyTalent; its rights are the ones you give it at Bexio. The token is encrypted by our server functions with AES-256-GCM before it is stored, with a key kept outside the database (privacy policy, §8).
• Bexio → BeMyTalent migration (Accounting module, opt-in): pull of the chart of accounts, contacts, opening balances (Tier 1), historical monthly balances (Tier 2) and detailed entries (Tier 3) depending on the level chosen. The imported data becomes yours in BeMyTalent, subject to the 10-year retention period.
• Outbound synchronization BeMyTalent → Bexio: quotes, invoices and entries that you validate and then explicitly push. BeMyTalent never sends data to Bexio without an action on your part (an explicit click or a cron job configured by you).
• Automatic post-migration verification: at the end of each migration, BeMyTalent compares the balances imported into BeMyTalent with the Bexio balances (a control re-pull) and reports any discrepancies. No additional transfer to Bexio.
• Rate limit: BeMyTalent respects the Bexio API limits (free 80 req/min, pro 400 req/min) according to the plan you declare.
• See Privacy Policy §4bis for details of the Bexio data flows.

8. Agent access and API keys

The Service allows you to create API keys giving your own tools or AI agents scoped access to your project data.

• Each key is created by you, limited to the domains you choose, and revocable at any time in Settings.
• You are responsible for safeguarding your keys and for all actions performed with them, including by an AI agent you have connected.
• Sensitive operations (posting entries, payments) remain reserved for human action within the application: the APIs produce drafts that you validate.
• BeMyTalent may suspend a key in the event of abusive use (abnormal volume, attempted out-of-scope access).
• The external AI assistants that you connect (for example Claude or ChatGPT) are chosen by you: the data they read is transmitted to their provider, at your initiative and under its terms (see Privacy Policy §4ter).

9. iOS and Android mobile applications

• The BeMyTalent applications for iOS (Apple's App Store) and Android (Google Play) provide access to the same Service with the same account; these Terms of Service apply to them in full.
• Apple Inc. and Google LLC are not parties to the contract between you and Ekylibr SA and assume no obligation or liability in relation to the Service. Use of the iOS application is also subject to the Apple Media Services terms applicable to any download from the App Store.
• On iOS, the subscription can be purchased in the application, as an in-app purchase (App Store), or on the website (see §5). A subscription purchased in the application renews automatically until cancelled, at least 24 hours before the end of the current period, from your Apple account settings; Apple collects the payment under its own terms.
• On Android, the application does not offer in-app purchase: the subscription is purchased on the website (see §5).
• Use of the iOS application is additionally subject to Apple's standard Licensed Application End User License Agreement (EULA).

10. Service availability

• BeMyTalent aims for high availability but does not guarantee any SLA during the pilot phase.
• Maintenance operations may cause interruptions, communicated where possible.
• In the event of a major incident, BeMyTalent undertakes to notify the affected users within 72 hours and to provide an incident report.

11. Intellectual property

• BeMyTalent and its code remain the property of the publisher.
• User content remains your full and exclusive property. BeMyTalent holds only the usage rights strictly necessary to provide the Service (reading, storage, execution of calculations, transmission to the processor that reads documents (OCR) for the documents you drop).
• BeMyTalent does not use your data to train AI models, nor to sell or rent it to third parties.

12. Suspension and termination

12.1 By you

You may delete your account at any time from Settings → Account (web, iOS or Android application). Effects:

• Immediate suspension of access.
• Full export available for 30 days.
• Complete deletion after 30 days, except accounting data (statutory 10 years).
• Cancellation of current Stripe subscriptions (no pro-rata refund unless agreed); a subscription purchased through the App Store is cancelled from your Apple account (see §9).

12.2 By BeMyTalent

BeMyTalent may suspend or terminate your account in the event of:

• non-payment after 15 days' formal notice;
• breach of these Terms of Service (in particular fraudulent use, uploading of illegal content);
• discontinuation of the Service, with ≥ 90 days' notice.

In the event of termination for breach, you have 30 days to export your data.

13. Limitation of liability

To the extent permitted by Swiss law:

• BeMyTalent is not liable for decisions made on the basis of the Service's data.
• BeMyTalent is not liable for the consequences of user input errors, of uncorrected OCR extraction errors, or of poor accounting / tax decisions.
• BeMyTalent is not liable for the consequences of any unavailability of the Service.
• BeMyTalent's liability in the event of gross negligence or willful misconduct is capped at the amount of the subscriptions paid over the last 12 months.

14. Data protection

See the separate document: Privacy Policy.

In particular:

• Documented processors (Policy §5).
• Only Mistral used for OCR; OpenAI only for voice dictation in the built-in assistant (Policy §4 and §4ter).
• Bexio used for accounting migration and synchronization (Policy §4bis).
• Google Cloud Run used for antivirus scanning of attachments (Policy §5).
• Resend (sending of e-mails) and Mailgun (reception of invoices by e-mail) (Policy §5).
• 10-year retention of accounting data (Policy §6).
• Your FADP/GDPR rights (Policy §7).

15. Governing law and jurisdiction

• These Terms of Service are governed by Swiss law.
• Any dispute falls within the jurisdiction of the courts of the registered office of Ekylibr SA in Neuchâtel (Switzerland), subject to mandatory consumer protection provisions.

16. Changes to the Terms of Service

The Terms of Service may be amended. Notification by email ≥ 15 days before a material change takes effect. If you refuse the new version, you may terminate your account free of charge before it takes effect.

17. Change log

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These Terms of Service are written in French. The French version prevails.

Publisher: Ekylibr SA · IDE CHE-378.933.385 · Avenue du Mail 18 · 2000 Neuchâtel · Switzerland

Contacts:

• Legal / Terms of Service questions: legal@bemytalent.com
• Data protection: privacy@bemytalent.com
• General support: contact@bemytalent.com