General Terms and Conditions (GTC)
Preamble
Gastrosof AG, based in Zurich (hereinafter “Gastrosof”), operates a digital platform through which restaurants (“Restaurant Partners”) and end users of the Gastrosof app (“Guests”) can access various software and analytics services. These GTC govern the contractual relationship between Gastrosof and all users of the platform. In addition, the respective B2B or B2C appendices apply.
1. Definitions
1.1 “Platform” refers to all web and mobile applications as well as interfaces provided by Gastrosof.
1.2 “Services” are all paid or free services offered by Gastrosof, in particular table reservations, menu management, data analytics, and payment processing.
1.3 “Dashboard” is the administration portal for Restaurant Partners.
2. Subject Matter of the Agreement and Services
2.1 Gastrosof provides the platform in accordance with the industry-standard state of the art.
2.2 The scope of functions and services is determined by the currently valid service description on the website or in an individual order form.
2.3 Gastrosof may further develop the platform, provided that the essential core services are maintained.
3. Conclusion of the Agreement and Incorporation of the GTC
3.1 The agreement is concluded when the user clicks the “Order with Payment” button during the registration process or signs an order form.
3.2 By doing so, the user confirms that they have read and accepted these GTC as well as the applicable appendix.
4. Usage Rights
4.1 Gastrosof räumt dem Nutzer ein nicht exklusives, nicht übertragbares Recht ein, die Plattform
während der Vertragslaufzeit im vereinbarten Umfang zu nutzen. 4.2 Alle Rechte an Software,
Quellcode, Datenbanken und Marken verbleiben bei Gastrosof. 4.3 Restaurants bleiben Inhaber der von
ihnen eingestellten Inhalte. Der Restaurant‑Partner gewährt Gastrosof jedoch das Recht, diese Inhalte
zur Vertragserfüllung zu verwenden.
5. Prices and Payment Terms
5.1 The currently valid prices are shown in the order form or in the app.
5.2 All amounts are net, in Swiss francs, plus applicable statutory taxes.
5.3 Unless otherwise agreed, invoices are payable within 30 days of the invoice date without deduction.
6. Warranty
6.1 Gastrosof guarantees an availability of the core functions of 99.5 percent on a monthly average.
6.2 Minor interruptions that only slightly affect usage do not constitute a defect.
6.3 For end users, the two-year warranty for goods pursuant to Article 210 of the Swiss Code of Obligations (OR) applies.
7. Liability
7.1 Gastrosof is fully liable for damages resulting from intent or gross negligence.
7.2 In cases of ordinary negligence, Gastrosof is liable for contract-typical and foreseeable damages up to a total amount of CHF 100,000 per damaging event.
7.3 Liability for indirect damages, lost profits, data loss, and consequential damages is excluded to the extent permitted by law.
7.4 Liability exclusions and limitations do not apply to personal injury.
8. Data Protection
8.1 The processing of personal data is carried out in accordance with the revised Data Protection Act and the separate privacy policy.
8.2 Restaurant Partners conclude a data processing agreement with Gastrosof when they upload personal data of their guests into the Dashboard.
9. Changes to These GTC
9.1 Gastrosof may amend these GTC insofar as legitimate interests require it and the amendment is reasonable for the user.
9.2 Changes will be announced at least 30 days before taking effect via email or in-app notification.
9.3 If the end user does not object within this period, the changes are deemed accepted. The right to object remains unaffected.
10. Term and Termination
10.1 The agreement is concluded for an indefinite period, unless otherwise agreed.
10.2 It may be terminated by either party with 30 days’ notice to the end of a calendar month, unless otherwise specified in the respective appendix.
11. Agreement on Evidence
11.1 Electronically stored data and log files are considered admissible evidence.
12. Severability Clause
12.1 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
13. Choice of Law and Jurisdiction
13.1 Swiss substantive law exclusively applies, to the exclusion of conflict-of-law rules.
13.2 The exclusive place of jurisdiction is Zurich.
Appendix 1 – B2B (Restaurant Partners)
A‑1 Prices
The monthly base fee and any transaction fees are set out in the signed order form. Price adjustments are possible with a 60-day prior notice.
A‑2 Service Level
Gastrosof ensures an availability of 99.5 percent on a monthly average. If this is not met, service credits of 5 percent of the monthly base fee are granted for each 0.1 percentage point deviation.
A‑3 Default on Payment
In the event of late payment, Gastrosof charges interest on arrears of 5 percent per year from the 31st day pursuant to Article 104 of the Swiss Code of Obligations (OR) and may block access to the Dashboard until full payment is made.
A‑4 Data Processing on Behalf
The Restaurant Partner remains the data controller within the meaning of data protection law. Gastrosof acts as the data processor and undertakes to implement appropriate technical and organizational measures.
A‑5 Term and Termination
The B2B agreement has a minimum term of 12 months. It is automatically extended by 12 months each time unless terminated with 60 days’ notice prior to the end of the current period.
A‑6 Restaurant Content
The Restaurant Partner guarantees that the uploaded content is free of third-party rights and indemnifies Gastrosof against all claims from third parties.
Appendix 2 – B2C (App Users)
B‑1 Warranty for Digital Content
End users have the right to statutory warranty claims under Article 210 of the Swiss Code of Obligations (OR) for two years from the date the services are provided.
B‑2 User Reviews
Guests can rate restaurants. Gastrosof will remove content if a legal infringement is credibly demonstrated.
B‑3 Right of Withdrawal
For purely digital services, there is no statutory right of withdrawal. However, Gastrosof voluntarily grants a 14-day grace period for the deletion of the user account.
B‑4 Environmental Claims
Environmental claims must be objectively verifiable. Misleading statements are prohibited under Article 3, paragraph 1, letter o of the Swiss Unfair Competition Act (UWG).
B‑5 Termination by the User
The user may delete their account in the app at any time without notice. Gastrosof anonymizes or deletes personal data within 30 days, provided there are no statutory retention obligations.