Terms and Conditions of Blue Finance AG
1. Scope
These terms and conditions ("Terms") apply to the access to, and the use of the website available on www.bluebudget.ch ("Website"), and the BlueBudget App ("App") as well as any related services (together the "Services"), offered by Blue Finance AG, Vulkanstrasse 110c, 8048 Zürich, Switzerland ("Company").
To access or use the Services, you ("User") have to agree to these Terms. You agree to these Terms when using the Services.
These Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between the Company and the User.
If the User does not agree to these Terms, the User may not use or access the Services.
The User represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. The User further represents and warrants having the capacity of judgement to use the Services. Accounts registered by bots or automated methods are not authorized and will be terminated.
2. Services
The Company provides the User with access to its Services. The Services enable Users to connect their third-party accounts, such as but not limited to bank accounts, wallets, investments, or fidelity cards, via open banking technology (e.g., Open Banking by bLink from SIX) or other API solutions, in order to view, analyze and manage their personal finances or related data via the Services. The User freely decides which third-party account to connect to the Services and may remove such connection at any time for the future.
The Services include, but are not limited to:
- Automatic generation of personalized budgets based on transaction data;
- Monitoring expenditures and receiving alerts in relation to budget thresholds
- Setting and tracking individual and shared financial goals
- Receiving reminders for recurring payments and upcoming bills;
- Accessing financial insights, including visualizations of income, expenses and work-time value per expense;
- Creating shared budgets with third parties;
- Receiving notifications, summaries, personalized suggestions and newsletters, notably in relationship with the Partner's Products, as defined hereafter.
A complete overview of the Services and related features is displayed on the App.
The Company may introduce products or services from partner companies ("Partner’s Products") (in the App, via the Website, by email or newsletter, etc.). The Company may maintain a commercial partnership with the providers of the Partner's Products. The Company may offer personalized Partner's Products based on the data of the User (e.g., suggesting offers based on spending behavior or proposing products based on income and age), in accordance with the Company's Privacy Policy.
The Services may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.
The Services do not include banking, payment processing, credit, investment or tax advisory services. All data and information presented via the Services is for informational purposes only and does not constitute financial advice. The User remains solely responsible for all financial decisions made in connection with the use of the Services. Neither the App, the Website, nor any information, data, or content made available through them constitutes financial, investment, tax, legal, accounting, or other professional advice, and should not be relied upon as such.
The Company may offer the User the ability to create a payment draft (e.g., by scanning a QR code or selecting a payment link) directly within the App. The payments are not processed through the App itself. The App redirects the User to a separate third-party payment application linked by the User via the Services (such as an e-banking app, TWINT, or other payment service providers) to complete the payment. The App does not store payment credentials, execute payments, or act as a payment service provider. The payment process is limited to initiating the redirection to the third-party payment application and is not integrated in the App itself. The payment is executed outside the App, under the responsibility and terms of the external payment provider. The Company does not hold or otherwise process funds related to such payment process.
3. Registration
The User may need to register or create an account to access and use the Services or part of the Services.
To register, the User is required to verify their identity using a secure digital method, such as passkey authentication (e.g., facial recognition or similar biometric verification) provided by a third-party. The Company does not have access to the data related to such authentication. The User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated.
The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify the Company if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised.
If and as permitted by applicable law, the Company may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify User’s identity or background and (iii) screen the User against third-party databases or other sources and request reports from service providers.
4. Rights & Obligations of Company
The Company will provide the User with the Services as agreed in the Agreement.
The Company:
- makes the Services available to the User and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs.
- regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruption from time to time. Where reasonably possible, the Company will inform the User about potential interruptions in advance.
- is permitted and possibly required by law to suspend access to the Services or the User's account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees incurred during the suspension period.
The Company may amend the Terms, including the applicable fees, from time to time at its sole discretion by publishing an updated version of the Terms on the App or the Website. Where possible, the Company will electronically notify the User of any material changes to the Terms. The User has 10 days from the date of such notification to object to such material changes. If the User does not object within this period, the material changes shall be deemed accepted.The User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The User's continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
The Company constantly develops and improves its Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the User according to the Agreement, the Company will notify the Users that are directly affected by such changes, and where reasonably possible. If the User disagrees with the material change to the Services or Terms (including changes of the respective fees), the User may terminate the Agreement at any time. Such termination is effective immediately.
The Company may collect, generate, and derive performance, analytical, or usage data relating to the User's access to or use of the Services in an aggregated form ("Usage Data"). The Company reserves a right to ask the User to provide feedback through forms, questionnaires, polls, or other means for the purpose of improving their Services ("Feedback").
The Company may use, or not use, any such Usage Data and/or Feedback, including sharing it with commercial partners or other third parties, without any obligation, whether financial or otherwise, to the User. For example, the Company may share aggregated Usage Data and/or Feedback with partners providing Partner's Products. The Company may also use the Usage Data and/or Feedback to improve the Services and for its own marketing purposes, including the promotion of the Company and its Services.
The User hereby irrevocably assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback and the Usage Data to the Company and acknowledges they have no claim in relation to the Feedback and/or the Usage Data.
5. Rights & Obligations of User
The User agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.
The User shall cooperate in the performance of this Agreement to the necessary extent free of charge. The User is obliged to provide the Company with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services. Furthermore, the User shall inform the Company immediately if errors or faults occur and to support the Company in the analysis and, if necessary, in the elimination of errors and faults to the extent required.
If the provision of Services under this Agreement is delayed due to the User's failure to comply with their duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.
The User shall immediately inform the Company of all circumstances within their sphere that might endanger or may be relevant to providing the Services and all misuses or suspicions of misuse of the Services.
The User shall not:
- circumvent or attempt to circumvent any security protection of the Services;
- use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
- access the Services via any automated system or take any action that may impose an unreasonable load on the Company's infrastructure;
- bypass the measures that the Company may use to prevent or restrict access to or use of the Services.
The User agrees they will not, unless with the Company's prior written permission:
- try to decompile or reverse engineer the Services or any part of it, or derive the source code;
- copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services;
- create derivative works based on the whole or any part of the Services or any content available on the Services.
The User shall not sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties.
The User must provide the Company with all contact details to ensure their availability in case the Company needs to contact the User.
6. Term & Termination
The Agreement between the parties remains in full force and effect until its termination by either party.
Either party may terminate the Agreement at any time with immediate effect.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
Upon termination, the Company will retain User’s data for a period necessary to provide its Services, comply with legal obligations, resolve disputes, and enforce agreements, unless a longer retention period is required or permitted by law. Thereafter, the Company may anonymize the User’s data.
7. Intellectual Property
Except as mentioned explicitly below, each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in the Company.
The Company grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services in accordance with this Agreement.
The User grants to the Company an unlimited, non-revocable, and perpetual right to access, use and process the data generated through the use of the Services for the purpose of improving the Services, including but not limited to developing, operating, maintaining, securing, and marketing the Services, as well as creating new products, features or insights.
The Services may contain open-source components. Such components are subject to the respective licence.
8. Data protection
The Company collects and processes personal data as described in its Privacy Policy available at https://www.bluebudget.ch/en/legal/privacy-policy. The Company protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The User authorizes the Company to use, process, and store relevant data for the performance of the Agreement and to use anonymized and /or aggregated data to improve its services, for marketing purposes, or for analysis purposes, in accordance with this Agreement.
9. Liability & Indemnity
The Company is fully liable to the User for damages resulting from the Company’s gross negligence or wilful misconduct.
In all other cases, the Company’s liability under the Agreement is excluded to the maximum extent permitted under applicable law.
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.
The Company will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the User is hoping to achieve.
Neither party shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) caused by circumstances beyond the parties’ reasonable control (force majeure).
The User agrees to indemnify, and hold the Company harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of this Agreement or any legal regulation by the User; (ii) any breach of User's representations and warranties set forth in the Agreement; (iii) User's violation of the rights of a third party.
10. Warranties & Representations
The User acknowledges that the Services are provided "as is" and "as available", and the Company makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. The Company makes the Services available to the User and uses reasonable care and skill in the performance of the Services.
The Company does not guarantee that the Services are error-free and will function without any interruption or disruption. The Company may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, the Company will inform the User about potential interruptions in advance. Any further warranty is excluded.
11. Marketing
The Company may contact the User with marketing communications, such as updates on the Services and information about new products or Partner's Products, if the User agrees to receive such communications, for example by signing up for the Company’s newsletter or selecting a corresponding tailored marketing option during registration. By registering on the App, the User agrees to receive general marketing communications within the App.
In accordance with the Company's privacy policy (available here: https://www.bluebudget.ch/en/legal/privacy-policy), the Company may, with the User’s prior and explicit consent, send individualized offers, promotions, and Partner's Product recommendations based on the User’s data to the User via email, in-App notifications, or other such channels.
The User may withdraw their consent and unsubscribe at any time from the contact list either by sending an email to privacy@bluebudget.ch, by clicking the link provided by the Company in every email marketing communication, or via the App's settings.
12. Miscellaneous
Entire Agreement: The Agreement constitutes the entire agreement between the Company and the User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Changes to Terms: The Company may, from time to time, change these Terms. The Company will notify the User at least 14 days before such changes apply to the User.
Notices: Notices must be given in writing, including email, and need to be communicated:
- To Company's attention: via email to: privacy@bluebudget.ch;
- To User's attention: by publishing on the Services or by sending an email to the last email address provided by the User. It is the User's responsibility to keep provided contact information current.
No Assignment: The User may not assign any of their rights, obligations, or claims under the Agreement without the previous consent of the Company.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: This Agreement, and all claims or causes of action that may be based upon, arise out of or relate to this Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of the Company has jurisdiction for all disputes arising from or in connection with the Agreement. Art. 32 of the Swiss Procedural Civil Code is reserved.
August 5, 2025