General Terms and Conditions for Businesses

This is an English translation for convenience. The German version is legally binding.

Version 1.0 – valid from 14 October 2026

1. Subject matter and scope

1.1 These General Terms and Conditions (“Terms”) govern the contractual relationship between Megaphone Software AG, Rue des Sablons 6, 3960 Sierre, Switzerland, UID number CHE-168.400.471 (“tastee” or “we”), and each hospitality business that takes out a subscription to tastee (the “Business”).

1.2 tastee is intended exclusively for undertakings that use tastee in the course of their professional activity. By signing up, the Business confirms that it is acting in this capacity and that the person completing the sign-up is authorised to bind it.

1.3 These Terms apply to the exclusion of any general terms and conditions of the Business. Any deviations require a written agreement or tastee’s consent by email. In the event of any conflict, the following order of precedence applies: (1) individual written agreement, (2) description of the offering at the time of the order, (3) these Terms.

2. Definitions

• App: the tastee mobile app, available in Apple’s App Store and in the Google Play Store, together with its web versions and the widgets that can be embedded in the Business’s website.
• Backend: the administration interface through which the Business manages its offerings, prices, reservations, orders, payments and statistics.
• Modules: the functions offered under the subscription, in particular book (table reservation), order (ordering at the table by scanning the table code), pay (payment in the App) and pick up (pre-ordering and prepayment for takeaway).
• Service: the App, the Backend and the subscribed Modules taken together.
• Guests: the customers of the Business who use the App with or without an account.
• Content: the information entered or uploaded by the Business (food, drinks, prices, descriptions, photos, allergens, profiles, opening hours, availability, etc.).

3. Conclusion of the contract

3.1 The presentation of the Service on tastee’s website does not constitute a binding offer.

3.2 The contract is concluded when the Business has completed the online sign-up, selected one or more Modules and a subscription period, accepted these Terms and the Privacy policy by ticking the box provided for this purpose, and received the sign-up confirmation from tastee by email. Activation of the account shall be deemed confirmation.

3.3 tastee may refuse a sign-up without giving reasons, in particular in the case of incomplete or incorrect information, suspected misuse or previous payment arrears.

3.4 tastee records the date, time and version of the accepted Terms. These records are authoritative between the parties unless proven otherwise.

4. Account and access

4.1 The Business shall provide correct, complete and up-to-date information (company name, address, contact person, billing data) and keep it up to date.

4.2 The access credentials to the Backend are confidential. The Business shall protect them against unauthorised access and is liable for any use made with its access credentials, including by its employees.

4.3 Within the scope of its subscription, the Business may set up access for its employees and shall ensure that they comply with these Terms.

4.4 The Business shall report any suspected misuse without delay. tastee may temporarily block access in the event of a security risk.

5. Modules and subscriptions

5.1 The Modules may be subscribed to individually or in combination, on a monthly or yearly basis.

5.2 The subscription grants the Business a non-exclusive, non-transferable right of use, limited to the term of the contract, for its own premises. Sublicensing, resale or making the Service available to third parties is prohibited.

5.3 Adding a Module or upgrading to a higher offering: possible at any time on request by email to hi@tastee.app, effective from activation by tastee; the price difference is invoiced pro rata for the current period.

5.4 Removing a Module or downgrading to a lower offering: effective at the end of the current period, without pro rata refund. tastee is not liable for data or functions that are no longer accessible as a result.

6. Prices and payment of the subscription

6.1 The prices displayed at the time of the order apply. They are stated in Swiss francs (CHF), excluding value added tax.

6.2 The subscription is payable in advance for the entire period selected. The Business authorises tastee to charge the stored means of payment automatically at each renewal.

6.3 Invoices are delivered electronically. Any objections must be raised in writing within 30 days; otherwise the invoice shall be deemed approved.

6.4 If payment is not made when due, the Business is in default without further reminder. tastee may charge default interest of 5% per annum and reasonable reminder fees. Costs in connection with a declined or disputed payment shall be borne by the Business.

6.5 If payment is not made within 14 days of a reminder, tastee may suspend the Service, including the visibility of the Business in the App, until payment has been made in full, or terminate the contract with immediate effect. The amounts owed remain due.

6.6 The Business may only set off claims that have been acknowledged by tastee in writing or established by an enforceable judgment.

7. Term, renewal and termination

7.1 The contract enters into force upon confirmation of the sign-up and is concluded for the period selected.

7.2 Monthly subscription: it renews automatically from month to month and may be terminated at any time with effect from the end of the current month.

7.3 Yearly subscription: it renews automatically for one year unless it is terminated no later than 30 days before expiry.

7.4 Termination shall be made by email to hi@tastee.app; it will be confirmed by email.

7.5 Amounts paid in advance are not refunded in the event of termination by the Business, unless a mandatory statutory provision provides otherwise.

7.6 Either party may terminate the contract with immediate effect for good cause, in particular in the event of a serious breach of these Terms that is not remedied within 10 days of a written warning, or in the event of the bankruptcy of the other party.

7.7 tastee may amend its prices and these Terms by giving at least 60 days’ notice, communicated by email or in the Backend. For yearly subscriptions, new prices apply at the earliest from the next renewal. A Business that does not accept a change to its disadvantage may terminate the contract with effect from the date on which the change enters into force; otherwise the change shall be deemed accepted.

8. Role of tastee and relationship with Guests

8.1 tastee provides a technical platform. Contracts for reservations, orders and consumption are concluded exclusively between the Business and the Guest. tastee is neither a seller nor a restaurateur nor a party to these contracts.

8.2 The Business is solely responsible for its offerings, prices, opening hours and availability, for the handling of reservations and orders, the quality of the products, hygiene and the handling of complaints, cancellations and refunds towards Guests.

8.3 Any special conditions of the Business towards Guests (e.g. cancellation or no-show rules, pick-up deadlines for pick up) must be clearly stated in the App before the reservation or order. Otherwise, only the terms of use of the App apply.

8.4 The use of the App by Guests is governed by tastee’s terms of use, which the Business may not contradict.

9. Guest payments (pay, order and pick up Modules)

9.1 Guest payments are processed by an external payment service provider. The Business must accept its terms and undergo its checks (identification, verification of the undertaking) before it can accept payments.

9.2 The amounts paid by Guests are paid out to the Business in accordance with the payment service provider’s terms, after deduction of the payment service provider’s fees and, where applicable, of the transaction fees charged by tastee as stated at the time of the order. tastee does not hold any Guest funds.

9.3 Tips paid via the App belong in full to the Business, which is responsible for their distribution and for their treatment for tax and social security purposes.

9.4 The Business is solely responsible for the accuracy of prices and VAT rates, the issuing of the required receipts, refunds and payment disputes (chargebacks) in connection with its sales.

10. Services and availability

10.1 tastee provides the Service in its current version from time to time. It endeavours to ensure high availability but does not guarantee uninterrupted or error-free operation. No minimum availability is owed.

10.2 Interruptions due to maintenance, security updates, third parties (hosting providers, networks, payment service providers, Apple, Google) or force majeure do not constitute non-performance. The distribution of the App depends on the rules of the App Store and the Google Play Store, over which tastee has no influence.

10.3 tastee continuously develops the Service and may change its functions, provided that the essential functions of the subscribed Modules remain available during the paid period. If an essential function is removed, the Business may terminate the Module concerned and will receive a pro rata refund of the amounts paid in advance.

10.4 Support is provided on working days via the support form. Additional services (entering the offering, training, custom development) are subject to a separate offer.

11. Permitted use

The Business is prohibited in particular from using the Service for unlawful or misleading purposes; publishing content that is unlawful or infringes the rights of third parties; circumventing security measures or overloading the system; copying, decompiling or replicating the software; and automatically extracting data beyond the export functions provided. In the event of breaches, tastee may remove the content concerned, block access and terminate the contract with immediate effect. The Business shall indemnify tastee against all resulting third-party claims.

12. Content of the Business

12.1 The Business remains the owner of its Content and is solely responsible for its accuracy, timeliness and lawfulness, in particular with regard to the Ordinance on the Disclosure of Prices (PBV) and the rules on indications of origin and on advertising.

12.2 The Business warrants that it holds the necessary rights to its Content, in particular to photos and logos, and shall indemnify tastee in this respect against all third-party claims.

12.3 For the term of the contract, the Business grants tastee the non-exclusive and royalty-free right to host, reproduce, technically adapt and publish its Content in the App and on tastee’s channels, to the extent necessary to provide the Service.

13. Allergens, food information and profiles

13.1 The information on allergens, diets (e.g. vegetarian, vegan), taste and effect profiles and nutritional properties (e.g. high-protein, low-carb) is determined, entered and approved exclusively by the Business. tastee merely provides the tool for entering, displaying and filtering it.

13.2 The Business is solely responsible for compliance with food law, in particular the Federal Act on Foodstuffs (LMG) and the FDHA Ordinance on Information on Foodstuffs (LIV), including the information on allergens and the requirements for nutrition and health claims.

13.3 The Business shall update this information without delay whenever recipes, ingredients or suppliers change and shall ensure that its staff are able to provide information to Guests.

13.4 tastee does not check the information entered by the Business on allergens, ingredients, diets and nutritional values for accuracy or completeness; there is no obligation to check or monitor it. The Business is solely responsible for any damage resulting from incorrect, incomplete or outdated information. Any liability of tastee is excluded to the extent permitted by law; clause 18.5 remains reserved.

13.5 The Business shall fully indemnify tastee against all claims by third parties, in particular by Guests and authorities, asserted against tastee in connection with such information, including the reasonable costs of legal defence. tastee shall inform the Business without delay of any claims asserted and coordinate the further course of action with it.

13.6 If tastee receives indications of obviously incorrect information, it may temporarily hide the content concerned and ask the Business to correct it. This does not give rise to any obligation to monitor.

14. Automated functions

Certain functions may automatically generate descriptions, translations, categories, profiles or suggestions regarding allergens. These suggestions may be inaccurate; they are only published after review and approval by the Business, which bears full responsibility for them within the meaning of clauses 12 and 13.

15. Intellectual property

All rights to the tastee software, the App, the Backend, their code, design and documentation, and to the “tastee” trademark belong to tastee or its licensors. The Business does not acquire any rights beyond the right of use under clause 5.2. tastee may name the Business’s name and logo as a reference; the Business may object to this at any time by email.

16. Data protection

16.1 With regard to the data of the Business and its contact persons, tastee acts as controller in accordance with its Privacy policy.

16.2 With regard to the data of Guests transmitted to the Business in connection with reservations, orders and payments, the Business is the controller and tastee acts as processor within the meaning of Art. 9 FADP (and, where applicable, Art. 28 GDPR). In this capacity, tastee:

• processes this data exclusively to provide the Service and in accordance with the instructions of the Business, which the Business gives through its settings;
• ensures the confidentiality of the persons authorised to access it and implements appropriate technical and organisational measures;
• engages the subprocessors named in its Privacy policy and on the Subprocessors page, to which the Business consents; the Business also grants tastee general authorisation to engage further subprocessors or replace existing ones, provided that they meet the legal requirements and are bound by a data processing agreement to an equivalent level of data protection; the current list is published on the Subprocessors page;
• only discloses data to a country without adequate data protection subject to appropriate safeguards;
• assists the Business in responding to requests from data subjects and informs it without delay of any data security breach;
• deletes or returns the data at the end of the contract in accordance with clause 20.2.

16.3 The Business warrants the lawfulness of its own processing, in particular the information provided to its Guests and employees.

16.4 The details of the processing on behalf are governed by the Data Processing Agreement (DPA), which forms an integral part of the contract and which the Business accepts together with these Terms. In the event of any conflict regarding data protection, the DPA prevails.

17. Confidentiality

The parties shall treat as confidential any non-public information of the other party that they receive in connection with the contract. This obligation continues for two years after the end of the contract and, for trade secrets, without time limit.

18. Warranty and liability

18.1 tastee provides the Service with customary care. It does not warrant that the Service is suitable for a particular purpose or enables a particular business result. Reported, reproducible defects are remedied within a reasonable period by correction, workaround or a new version.

18.2 tastee is only liable for direct damage caused intentionally or through gross negligence. Any liability for slight negligence is excluded.

18.3 tastee’s total liability is in any event limited to the amount paid by the Business for the Service in the 12 months preceding the event giving rise to the damage.

18.4 To the extent permitted by law, any liability is excluded for indirect or consequential damage, loss of profit, loss of data, reputational damage, interruptions of the Service, Content of the Business, services of third parties (in particular payment service providers, Apple and Google) and disputes between the Business and its Guests. Liability for auxiliary persons is excluded within the scope of Art. 101 para. 2 of the Swiss Code of Obligations (CO).

18.5 These limitations do not apply in the case of unlawful intent or gross negligence, or in other cases in which the law mandatorily prohibits a limitation of liability.

19. Force majeure

tastee is not liable for non-performance as a result of events beyond its reasonable control, in particular natural disasters, pandemics, armed conflicts, official orders, cyber attacks or failures of networks and third-party providers. If the impediment lasts longer than 60 days, either party may terminate the contract.

20. End of the contract

20.1 At the end of the contract, access to the Backend and the visibility of the Business in the App end.

20.2 The Business may export its Content until the end of the contract. No later than 30 days after the end of the contract, tastee shall securely delete the Content and the data processed on the Business’s behalf, including backup copies, or, at the Business’s request, return them to it in a commonly used format, and shall provide it with written confirmation of deletion on request. Data that tastee is required by law to retain is processed exclusively for that purpose.

20.3 Provisions which by their nature survive the end of the contract remain applicable.

21. Transfer of the contract

21.1 It is intended that the tastee business will be taken over by a company yet to be incorporated, tastee GmbH. The Business hereby consents in advance to Megaphone Software AG transferring the contract, with all rights and obligations and on the same terms, to tastee GmbH or another company of the same group.

21.2 The Business may only transfer the contract with tastee’s prior written consent.

22. Notices

Notices between the parties, including terminations and notices of changes, may validly be given by email to the addresses stored in the Backend or to hi@tastee.app.

23. Final provisions

23.1 If any provision of these Terms is void or unenforceable, the validity of the remaining provisions shall not be affected; it shall be replaced by a valid provision that comes closest to its economic purpose.

23.2 The contract is governed exclusively by Swiss law, to the exclusion of the conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).

23.3 The exclusive place of jurisdiction is tastee’s registered office, currently Visp (VS). tastee may also bring proceedings against the Business at the Business’s registered office.

23.4 These Terms are published in several languages. In the event of any discrepancy, the German version prevails; the English version is a translation provided for convenience only.