Introduction
These Terms govern
- the use of www.profitop.ch, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Www.profitop.ch is provided by:
VEXEK Sagl
Via Paradiso 24
6924 Sorengo
Owner contact email: info@vexek.com
Information about www.profitop.ch
Owner: VEXEK Sagl, Via Paradiso 24, 6924 Sorengo, Switzerland Contact: info@vexek.com
- Introduction These Terms and Conditions (“Terms”) govern the use of www.profitop.ch (“Website”) and the purchase and use of digital services and downloadable products offered by VEXEK Sagl (“We”, “Us”, “Our”). By accessing or using the Website and purchasing any of our products or services, you (“User”, “You”) agree to be bound by these Terms.
Please read them carefully before proceeding. If you do not agree, do not use the Website or purchase our services.
- Services Offered Profitop.ch offers the following:
Google Ads Management: Setup, monitoring, and optimization of Google Ads campaigns under three tiers (ADS Start, ADS Amplify, ADS Maximize).
SEO Services: Audits, keyword strategies, link-building, and on-page optimizations.
Subscription Packages: Monthly or recurring digital marketing assistance with minimum commitment.
Digital Downloadable Products: PDF guides, templates, and strategy documents available for immediate download.
All services are delivered digitally and are initiated upon confirmation of payment.
- Acceptance of Terms By purchasing, registering, or using the Website:
You confirm that you are legally capable of entering into a binding contract under Swiss law.
You agree to be bound by these Terms, including any policies incorporated by reference (e.g., Refund Policy, Disclaimer).
- Use of the Website You may not use this Website:
For unlawful or fraudulent purposes.
To violate third-party rights or applicable Swiss laws.
To disrupt or damage the Website or any systems connected to it.
We reserve the right to restrict access or terminate accounts if violations are detected.
- Pricing and Payment All prices displayed on Profitop.ch are listed in CHF (Swiss Francs) and include VAT, unless otherwise stated.
Payment is due at the time of order and must be completed via the integrated checkout system. We reserve the right to change pricing at any time.
- Refund Policy, Service Consumption & Liability Disclaimer 6.1 All Sales Are Final All purchases made on Profitop.ch are final. No refunds, returns, or exchanges are permitted after payment, unless required under mandatory Swiss law.
This applies to:
Google Ads and SEO services
Digital downloads (PDFs, templates)
Monthly subscription services
6.2 One-Time Purchases Services begin immediately upon purchase and are considered consumed at that moment.
Downloadable products are provided instantly and cannot be returned.
VEXEK Sagl does not accept refund requests, regardless of satisfaction or outcome.
6.3 Subscription-Based Services Subscriptions have a minimum 3-month non-cancellable period.
After the initial 3 months, the User may cancel with 7 days’ written notice before the next billing cycle.
No pro-rata refunds or partial refunds are granted under any circumstance.
- Google Ads Budget Disclaimer IMPORTANT: The management fee paid on Profitop.ch does not include your advertising budget for Google Ads.
You, as the client, are fully responsible for:
Maintaining an active Google Ads account with valid billing.
Funding and managing your own Google Ads spend.
Ensuring that campaigns do not exceed your intended budget.
VEXEK Sagl is not liable for:
Budget overruns, billing errors, or account suspensions.
Third-party platform errors or ad delivery issues caused by Google.
- Service Performance Disclaimer Marketing and advertising results may vary based on external factors such as:
Industry competition
User engagement and website quality
Budget allocation
Seasonal trends
You acknowledge and agree that:
No specific result (e.g., revenue, ranking, lead volume) is guaranteed.
VEXEK Sagl will not be liable for missed business objectives, loss of traffic, or unsatisfactory ROI.
- Technical Issues You must report technical or access issues within 72 hours of purchase by emailing info@vexek.com.
We will make reasonable efforts to resolve the problem. However, no refunds will be issued due to:
Email filtering or spam folder issues.
Compatibility issues with your software, browser, or device.
Ad account suspensions beyond our control.
- Intellectual Property All content on Profitop.ch, including texts, guides, visuals, layouts, and documents, is the exclusive intellectual property of VEXEK Sagl or its licensors.
You may not:
Copy, redistribute, or reuse any content for commercial purposes.
Claim ownership or authorship of our services or materials.
Violation of our IP rights may result in legal action.
- Limitation of Liability To the fullest extent permitted under Swiss law:
VEXEK Sagl is not liable for indirect, incidental, punitive, or consequential damages.
We are not responsible for:
Any loss of profits, revenue, or goodwill.
Third-party outages or advertising platform downtimes.
Force majeure events (e.g., internet failure, server issues, natural disasters).
All services are offered “as is” and “as available,” with no guarantees expressed or implied.
- Waiver of Right to Withdrawal In line with Art. 40f of the Swiss Code of Obligations:
You waive your legal right of withdrawal once digital content is delivered or services begin.
You consent to the immediate delivery of services and acknowledge this forfeits your withdrawal rights.
Amendments We reserve the right to update or modify these Terms at any time. Continued use of the Website constitutes acceptance of any changes. We recommend reviewing this page periodically.
Governing Law & Jurisdiction These Terms are governed exclusively by the laws of Switzerland.
Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Lugano, Switzerland.
- Contact Information For questions, support, or clarification, contact:
VEXEK Sagl Via Paradiso 24 6924 Sorengo – Switzerland Email: info@vexek.com
What the User should know at a glance
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
- Usage of www.profitop.ch and the Service is age-restricted, as detailed in the relevant section of this document.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using www.profitop.ch.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using www.profitop.ch, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be older than 18;
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.profitop.ch.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on www.profitop.ch.
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
User has violated these Terms; and/or
User's access or use of www.profitop.ch may cause injury to the Owner, other Users or third parties; and/or
the use of www.profitop.ch by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on www.profitop.ch
Unless where otherwise specified or clearly recognisable, all content available on www.profitop.ch is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on www.profitop.ch infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on www.profitop.ch - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on www.profitop.ch, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on www.profitop.ch, the User may download, copy and/or share some content available through www.profitop.ch for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through www.profitop.ch Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
Www.profitop.ch and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of www.profitop.ch and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to www.profitop.ch or the Service, terminating contracts, reporting any misconduct performed through www.profitop.ch or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as www.profitop.ch has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.profitop.ch and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of www.profitop.ch.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.profitop.ch are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.profitop.ch are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of www.profitop.ch must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
The Owner is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable to access any portion of www.profitop.ch due to their disability, they should give a notice including a detailed description of the issue encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, the Owner commits to promptly address it.
Definitions and legal references
Www.profitop.ch (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
Business User
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Owner (or We)
Indicates the natural person(s) or legal entity that provides www.profitop.ch and/or the Service to Users.
Service
The service provided by www.profitop.ch as described in these Terms and on www.profitop.ch.
Terms
All provisions applicable to the use of www.profitop.ch and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using www.profitop.ch.
Consumer
Consumer is any User qualifying as such under applicable law.