FlottarisFLOTTARIS

Flottaris General Terms and Conditions of Subscription

Version dated 03.10.2026

Article 1. Scope

These general terms and conditions govern the subscription to the Flottaris online service, published and operated by Webmind Sàrl (hereinafter "Webmind"), and its use by the client.

The service is reserved for professional clients: companies holding a vehicle fleet, insurance brokerage firms and insurance companies. It is not offered to consumers.

The client accepts these conditions by subscribing to an account, online or in writing. They prevail over any of the client's conditions, unless otherwise agreed in writing.

Article 2. Definitions

  • Service: the Flottaris software accessible on flottaris.com, including its updates.
  • Client: the legal entity that subscribes to a plan.
  • User: any person to whom the client gives access to the service.
  • Client Data: the information entered, imported or produced in the service on behalf of the client.
  • Tier: the applicable price bracket based on the number of units, published on flottaris.com/tarifs.

Article 3. Description of the Service

Flottaris allows keeping a register of an insured vehicle fleet, recording and timestamping changes, recalculating premiums pro-rata according to the contract convention, checking the insurer's statement line by line and tracking deadlines.

Flottaris is neither an insurance intermediary nor an insurance advisor. It does not compare offers, does not recommend any insurer and does not transmit any announcement to an insurer on behalf of the client, except for functions expressly activated by the client.

The reported discrepancies are calculation findings. Their claim to the insurer belongs to the client or their broker.

Functions intended for insurance companies are offered as part of a pilot program, upon separate written agreement.

Article 4. Accounts, Users and Security

The client designates at least one administrator, who manages the access of their users and their roles. The client is responsible for the use of the service by its users.

Users connect via link or code sent by email. The client ensures the accuracy of addresses and informs Webmind without delay of any unauthorized access. Double authentication is recommended for administrators.

Article 5. Client Data and Accuracy of Calculations

Flottaris calculations are based on the register data and the contract parameters entered by the client or their broker, notably the pro-rata convention. The client is responsible for their accuracy and update.

As long as a pro-rata convention is not confirmed, the calculations depending on it are marked "non-binding". They must not form the basis of a claim.

Announced changes are sealed by a fingerprint and can no longer be modified. An error is corrected by a reverse change, which is itself traced.

Article 6. Demonstration

The demonstration accessible from the site uses only fictitious data, reset every night. No real data should be entered there.

Article 7. Price

Prices are those of the grid published on flottaris.com/tarifs on the day of subscription or renewal. They are in Swiss francs, excluding VAT. VAT at the legal rate in force (8.1 % as of 01.01.2024) is charged additionally.

The tier is determined at the beginning of each annual period according to the number of units: vehicles in circulation or plates deposited for a company, mandated fleets for a brokerage firm. It remains fixed during the period, even if the number of units varies.

Webmind may modify its prices for the following period by informing the client at least 60 days before the deadline. The client who refuses the modification may terminate for that deadline.

A volume higher than the published tiers is subject to an offer on request.

Article 8. Invoicing and Payment

The subscription is invoiced annually and in advance. Payment is made by card or TWINT through the payment provider Stripe, or by QR-invoice payable within 30 days.

In case of delay, Webmind sends reminders. Failure to pay 60 days after the due date, access to the service may be suspended after a written warning. Client data is kept during the suspension. A default interest of 5 % per annum is due from the formal notice (art. 104 CO).

Article 9. Duration, Renewal and Termination

The subscription is concluded for one year. It is tacitly renewed from year to year, unless terminated by one of the parties at least 30 days before the deadline. Termination can be sent by email to contact@flottaris.com, or from the client's account when the function is available.

Each party may terminate with immediate effect for good cause, notably in case of a serious violation of these conditions not corrected within 30 days following a written warning.

Amounts paid for the current period are not refunded, except in case of termination for good cause attributable to Webmind, in which case the unearned portion is refunded pro-rata.

Article 10. Resale by Brokerage Firms

A brokerage firm can equip its principals as part of the Portfolio plan. It is then the sole debtor to Webmind for the subscriptions it takes out, benefits from the published resale discount and freely sets the price it re-invoices to its principals.

The firm ensures that each principal has accepted that their data be processed in Flottaris and that the firm accesses it. The principal can at any time withdraw the mandate in the service. Their data remains their property.

Article 11. Availability and Maintenance

Webmind strives to ensure continuous access to the service, without guarantee of absence of interruption. Scheduled maintenance is announced in advance when possible and preferably carried out outside Swiss office hours.

Webmind may evolve the service. An evolution cannot remove an essential function of the subscribed plan without reasonable notice.

Article 12. Data Protection

For client data, Webmind acts as a processor within the meaning of the Federal Act on Data Protection (nFADP). The data processing agreement appearing in Annex 1 is an integral part of these conditions.

For data relating to the commercial relationship (contacts, invoicing), Webmind is the controller according to its privacy policy.

Article 13. Confidentiality

Each party keeps confidential the non-public information received from the other party and uses it only for the performance of the contract. This obligation survives three years after the end of the contract.

Article 14. Intellectual Property

The service, its code, its documentation and its trademarks remain the property of Webmind or its licensors. The client receives a non-exclusive and non-transferable right of use for the duration of the subscription.

Client data remains their property. Webmind only uses it to provide the service. Webmind may establish aggregated and anonymized statistics, which do not allow the identification of the client, a vehicle or a person.

Article 15. Liability

Webmind is liable for direct damages caused by a faulty violation of its obligations, within the limit of the amount paid by the client for the service during the 12 months preceding the damaging event.

To the extent permitted by law, Webmind is not liable for indirect damages, loss of profit, loss of data attributable to the client, nor for the consequences of a decision taken by the client or their insurer based on a non-binding calculation or inaccurate data.

These limitations do not apply in case of intent or gross negligence (art. 100 CO).

Article 16. End of Contract and Restitution of Data

At the end of the contract, the client can export their data for 90 days, in common formats. After this period, Webmind deletes them, subject to legal conservation obligations, notably accounting documents for 10 years (art. 958f CO).

The fingerprints of sealed changes are kept for the same duration as the data to which they relate.

Article 17. Modification of Conditions

Webmind may modify these conditions by informing the client at least 30 days before their entry into force. The client who refuses the modification may terminate with effect on that date. Otherwise, the new conditions are deemed accepted.

Article 18. Applicable Law and Jurisdiction

The contract is subject to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The exclusive jurisdiction is in Geneva, subject to an appeal to the Federal Supreme Court.

Annex 1: Personal Data Processing Agreement

Concluded between the client, as controller, and Webmind Sàrl, as processor, in application of art. 9 nFADP. It is an integral part of the general terms and conditions of subscription.

Article 1. Subject Matter and Duration

Webmind processes the client's personal data only to provide the Flottaris service, for the duration of the subscription and the restitution period provided for in Article 16 of the general conditions.

Article 2. Data and Data Subjects

  • Client users: name, email address, role, log of connections and actions.
  • Drivers, if the driver module is used: identity, employee number, license categories and validity, vehicle assignments, offenses and administrative measures.
  • Client contacts at their broker and insurer: name and professional contact details.

Data relating to offenses and administrative measures are sensitive data (art. 5 let. c nFADP). They are only accessible to the human resources and administrator roles of the client, by database partitioning, and never to the broker or the insurer.

Article 3. Instructions

Webmind processes data in accordance with the documented instructions of the client, which consist of the general conditions, the service configuration and the written requests of the client. Webmind informs the client if an instruction appears to it to be contrary to applicable law.

Article 4. Personnel Confidentiality

Persons authorized by Webmind to access data are bound by confidentiality. This access is limited to support and operation needs, and logged.

Article 5. Security Measures

  • Encryption of data in transit and at rest.
  • Partitioning by organization at the level of each row of the database.
  • Differentiated roles and principle of least privilege.
  • Change log chained by fingerprint, and non-modifiable sealed changes.
  • Daily database backups.
  • Passwordless login and double authentication available.

Article 6. Sub-processors

The client authorizes the use of the following sub-processors:

  • Supabase: database, authentication and file storage, in Zurich (Switzerland).
  • Lovable: web application service, without storage of client data. Requests pass through its international infrastructure.
  • Brevo: sending transactional emails, in the European Union.
  • Stripe: payment processing, in the European Union and the United States.

Webmind informs the client at least 30 days before using a new sub-processor. The client may object for a reason related to data protection. Failing agreement, they may terminate without charge with effect on the date of the change.

Webmind imposes on each sub-processor protection obligations at least equivalent to those of this contract.

Article 7. Transfers Abroad

Client data is stored in Switzerland. When a sub-processor processes data in a state whose legislation does not ensure an adequate level of protection, Webmind ensures that appropriate safeguards are in place, notably standard contractual clauses recognized by the Federal Data Protection and Information Commissioner (art. 16 nFADP).

Article 8. Client Assistance

Webmind helps the client, as far as possible, to respond to requests from data subjects (access, rectification, erasure, data portability) and to carry out a possible impact assessment.

Article 9. Data Security Breach

Webmind informs the client as soon as possible, in principle within 48 hours after becoming aware of it, of any data security breach concerning them. The information describes the nature of the breach, its probable consequences and the measures taken, so that the client can report it to the Federal Commissioner if necessary (art. 24 nFADP).

Article 10. Control

Webmind provides the client, upon written request and at most once a year, with the information necessary to demonstrate compliance with this contract. An on-site audit is agreed on a case-by-case basis, at the client's expense, with 30 days' notice.

Article 11. End of Processing

At the end of the contract, Webmind returns and then deletes the data according to article 16 of the general conditions, and confirms the deletion in writing upon request.