Note: The German version of this page is legally binding. This translation is provided for information only.
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts between Jonas Reuber, Mozartring 32, 88436 Eberhardzell, Germany (hereinafter “Provider” or “gastronomx”), and the customer regarding the use of the software-as-a-service platform gastronomx (www.gastronomx.com).
(2) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB cannot conclude contracts. By registering, the customer confirms that they are acting in the exercise of their commercial or independent professional activity.
(3) Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to their validity in text form.
§ 2 Subject matter and scope of services
(1) The Provider makes the cloud-based platform gastronomx available to the customer for use via the internet. Depending on the plan selected, the platform comprises modules for the digital menu (Menu), website (Web), own domain and email mailboxes (Connect), online reservations (Reserve), reviews (Reputation), online ordering and vouchers (Order) as well as CRM, loyalty programme, analytics and multi-location management (Suite). The specific scope of functions results from the current service description on the pricing page at www.gastronomx.com/en/pricing; the plans build on one another.
(2) The service is provided at the handover point, the exit of the data centre of the hosting provider used by the Provider. The customer is responsible for their own internet connection and the devices they use.
(3) The Provider owes an availability of the platform of 99 % on an annual average. The following do not count as downtime: announced maintenance windows (usually outside the main business hours of the hospitality industry, between 2:00 and 6:00 CET/CEST, announced at least 24 hours in advance by email or in the dashboard), disruptions outside the Provider's sphere of influence (e.g. force majeure, internet outages, attacks by third parties) and outages for which the customer is responsible.
(4) The Provider is entitled to further develop the platform and to change or add functions, provided the core contractual purpose is preserved and the change is reasonable for the customer. The Provider will give reasonable notice of material restrictions of individual functions.
(5) Insofar as the Provider offers a free trial, there is no entitlement to a specific availability or to support during this phase.
§ 3 Conclusion of contract
(1) The presentation of the plans on the website is not a binding offer but an invitation to the customer to submit an offer.
(2) The customer submits their offer by registering an account (providing email address, password and name of the business), subsequently selecting a plan in the dashboard and completing the order process with the payment service provider. The contract for the selected plan is concluded upon acceptance by the Provider, which takes place by activating the plan in the dashboard or by confirmation by email.
(3) By completing registration, the customer accepts these GTC and the data processing agreement (DPA) under Art. 28 GDPR, which is available at www.gastronomx.com/en/dpa and becomes part of the contract.
(4) The contract text is stored by the Provider; the applicable GTC are available at any time at www.gastronomx.com/en/terms. The contract language is German.
§ 4 Prices and payment
(1) The prices shown on the pricing page at the time of ordering apply. All prices are net plus the applicable statutory value added tax.
(2) Depending on the billing option selected, the fee is due monthly or annually in advance. Billing and collection of payment are carried out via the payment service provider Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The customer deposits a valid payment method there (e.g. credit card or SEPA direct debit) and grants the mandates required for recurring collection. Invoices are provided electronically.
(3) When upgrading to a higher plan or adding modules, the difference is charged pro rata for the remaining billing period; a downgrade to a lower plan takes effect at the beginning of the next billing period.
(4) The Provider is entitled to adjust prices with effect for the future in order to compensate for changes in costs (e.g. hosting, payment processing, licences, staff) or in the scope of services. Price changes will be announced to the customer in text form (email) at least six weeks before they take effect. In this case the customer may terminate the contract extraordinarily with effect from the date the price change takes effect (special right of termination); this will be pointed out in the announcement. If the customer does not terminate, the new price applies from the announced date.
(5) Billing periods already paid remain unaffected by a price change.
§ 5 Term and termination
(1) With monthly billing, the contract runs for an indefinite period and may be terminated by either party at any time with effect from the end of the current billing month.
(2) With annual billing, the contract term is twelve months; the contract is extended by a further twelve months in each case unless it is terminated with effect from the end of the current contract year. Termination is possible at any time up to the last day of the current contract year and takes effect at its end.
(3) Termination is effected via the customer portal (“Manage subscription” in the dashboard) or in text form to service@agentur-reuber.com. Termination by the Provider is effected in text form to the email address on file.
(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the customer repeatedly breaches material obligations under § 7 despite a warning or is in default of payment of at least two monthly fees.
(5) After the end of the contract, the customer no longer has access to the platform; their public content (website, menu, ordering and reservation pages) is deactivated. The customer is obliged to back up their data in good time before the end of the contract; on request, the Provider will provide an export in a common, machine-readable format within 30 days after the end of the contract. The data is deleted 30 days after the end of the contract unless statutory retention obligations prevent this.
§ 6 Default of payment and suspension
(1) If the collection of a due payment fails, the Provider (or Stripe on its behalf) informs the customer by email and repeats the collection. The customer may update their payment method at any time in the customer portal.
(2) If payment is still outstanding after a reminder with a deadline of at least seven days, the Provider is entitled to suspend access to the platform and the customer's public content until all due amounts have been paid. The obligation to pay for the duration of the suspension remains.
(3) The customer's data is retained for at least 30 days during the suspension and is reactivated upon receipt of payment. If the contract is terminated after the suspension, § 5 (5) applies.
(4) In the event of default of payment, the Provider may claim default interest at the statutory rate (Section 288(2) BGB) and the lump sum under Section 288(5) BGB. The assertion of further damages remains reserved.
§ 7 Obligations of the customer
(1) The customer must keep their access data carefully, protect it from access by third parties and inform the Provider immediately if misuse of their account is to be feared. The customer is responsible for actions taken via their account insofar as they are responsible for them.
(2) The customer is solely responsible for all content they post or publish via the platform (texts, images, menus, prices, offers). They ensure that this content does not violate applicable law or the rights of third parties (in particular copyright, trademark, personality and competition law) and that they hold the necessary rights of use.
(3) The customer is in particular responsible for the accuracy and completeness of the statutory mandatory information in their menus and offers, namely the labelling of allergens and additives in accordance with the Food Information Regulation (FIC/LMIV) and national provisions, price information in accordance with the Price Indication Ordinance, and their own legal notice and privacy policy for their public pages. The platform provides input fields for this but does not check the content for legal accuracy.
(4) If the customer uses the reviews module, they undertake to handle guest reviews responsibly: reviews may not be manipulated, purchased or written by the customer themselves; reviews may only be contested via the designated reporting and verification procedure and are only removed if a breach of the review rules is proven. The consumer protection provisions on labelling verified reviews (in particular Section 5b(3) of the German Unfair Competition Act, UWG) must be observed.
(5) The customer may not misuse the platform, in particular may not introduce malware, send impermissible mass emails (newsletters only to recipients with valid consent, double opt-in) or circumvent technical protection measures. The Provider is entitled to block or remove unlawful content upon becoming aware of it and to inform the customer accordingly.
(6) The customer indemnifies the Provider against all claims by third parties based on a breach of these obligations for which the customer is responsible, including the reasonable costs of legal defence.
§ 8 Guest payments via Stripe Connect
(1) For online orders, vouchers and other payments by guests, the Provider makes a connection to Stripe Connect available. For this purpose, the customer concludes their own contract with Stripe (Stripe Connected Account Agreement) and is subject to the terms applicable there, in particular regarding identity verification and payouts.
(2) Guest payments flow to the customer's Stripe account; the Provider does not become a contractual partner of the guests and does not accept any funds on behalf of the customer. The guest's contractual partner for food, drinks and vouchers is exclusively the customer.
(3) For guest payments processed via the platform, the Provider charges a platform fee in the amount shown on the pricing page or in the dashboard, which is automatically withheld from the respective payment via Stripe Connect. In addition, Stripe's fees apply according to its current price list.
(4) The customer is responsible for the proper tax treatment of guest payments (in particular VAT, cash management, receipts).
§ 9 Data protection and processing on behalf
(1) The Provider processes the customer's personal data (account, contract and billing data) as controller in accordance with its privacy policy (www.gastronomx.com/en/privacy).
(2) Insofar as the customer processes personal data of their guests, employees or other third parties via the platform (e.g. reservations, orders, reviews, newsletter subscribers, CRM), the customer is the controller under data protection law and the Provider is the processor. The data processing agreement (DPA) under Art. 28 GDPR applies, which is available at www.gastronomx.com/en/dpa and becomes part of the contract upon registration.
(3) The customer is obliged to fulfil the data protection information obligations towards their guests and to obtain the necessary legal bases (e.g. consent for the newsletter).
§ 10 Liability
(1) The Provider is liable without limitation for damages resulting from injury to life, body or health, for damages based on intent or gross negligence, for fraudulent concealment of a defect, for the assumption of a guarantee and under the German Product Liability Act.
(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation) – i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely – the Provider's liability is limited to the foreseeable damage typical of the contract at the time of its conclusion, but at most to the total fees paid by the customer in the twelve months preceding the damaging event.
(3) Otherwise, the Provider's liability for slight negligence is excluded.
(4) Strict liability for defects already existing at the time of conclusion of the contract (Section 536a(1) BGB) is excluded.
(5) For loss of data, the Provider is liable in accordance with the preceding paragraphs only insofar as the loss could not have been avoided even with proper data backup by the customer. The Provider performs regular backups of the platform data.
(6) The above limitations also apply to the personal liability of the Provider's employees, representatives and vicarious agents.
§ 11 Support
(1) The Provider provides a help centre at www.gastronomx.com/en/help as well as support by email (service@agentur-reuber.com) and via the contact form. Requests are usually answered within one business day; no specific response or resolution time is owed unless separately agreed.
(2) The Provider remedies disruptions of the platform within a reasonable period; § 2 (3) remains unaffected.
§ 12 Changes to the GTC
(1) The Provider is entitled to amend these GTC with effect for the future insofar as this is necessary for valid reasons – in particular due to a change in the legal situation or case law, technical changes or the further development of the platform – and the customer is not unreasonably disadvantaged by the change. The agreed main performance obligations (scope of services and prices) are not changed thereby; § 4 (4) applies to price changes.
(2) Changes will be communicated to the customer in text form (email to the address on file) at least six weeks before they take effect. If the customer does not object in text form within six weeks of receipt of the notification, the amended GTC are deemed accepted. The Provider will specifically point out the significance of silence and the right to object in the notification. If the customer objects, the Provider may terminate the contract ordinarily with effect from the date the change takes effect.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's registered seat. The Provider is also entitled to sue the customer at the customer's general place of jurisdiction.
(3) Amendments and supplements to the contract must be made in text form; this also applies to the waiver of this text form requirement.
(4) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision.
(5) The German version of these GTC is legally binding; translations are for information only.
Last updated: September 2026