General Terms & Conditions.

(1) These General Terms and Conditions (the "Terms") govern the use of the Software-as-a-Service platform "Tablario" (the "Platform"), operated by Staqmind UG (haftungsbeschränkt), registered with the Cologne District Court under HRB 127739 (the "Provider").

(2) These Terms apply exclusively to entrepreneurs in the sense of § 14 BGB. Consumers in the sense of § 13 BGB are excluded from use.

(3) Deviating or supplementary terms of the customer shall not become part of the contract unless the Provider has expressly agreed to them in writing.

(1) The subject matter of the contract is the time-limited, non-exclusive and non-transferable right of the customer to use the Platform under the conditions agreed herein.

(2) The Platform includes in particular:

• online reservation management for restaurants,
• AI-powered phone assistant for accepting and processing reservation requests,
• web widget for embedding into the customer's website,
• table and floor-plan management,
• guest and regular-guest management.

(3) The specific scope of services follows from the plan selected by the customer. Plan changes including up- and downgrades are possible at any time via the customer account and become effective at the start of the next billing period.

(1) The presentation of the Platform on the website does not constitute a binding offer. By registering an account and selecting a plan, the customer makes a binding offer to conclude a usage agreement.

(2) The Provider accepts the offer by providing access to the Platform. The customer receives an email confirmation.

(3) After the trial phase (§ 4) ends, a paid term begins, which automatically renews for the chosen billing period (monthly or annual) unless properly terminated.

(1) The Provider grants new customers a free 30-day trial phase from contract conclusion. No payment information is required for the trial.

(2) Upon expiration of the trial, the contract ends automatically unless the customer books a paid plan beforehand. There is no entitlement to extension of the trial.

(3) Switching from a paid plan back to a trial is not possible. Each customer is entitled to a trial only once.

(1) All prices are exclusive of statutory VAT. Current prices are listed on the website and apply at the time of booking.

(2) Billing is conducted:

• monthly or annually (per the customer's choice),
• in advance via the payment provider Stripe,
• invoices are sent by email to the registered billing recipient.

(3) Invoices are due upon receipt and payable without deduction. Direct debit or credit card payments are collected at the latest on the first day of the new billing period.

(4) If the customer exceeds the AI-phone-minute allowance included in the plan, additional minutes are billed at €0.20 per minute, alternatively as a 100-minute pack for €20.00.

(5) If the customer is more than 14 days in arrears, the Provider is entitled to temporarily suspend access to the Platform. The suspension is lifted as soon as the outstanding amount including any reminder fees is paid. In the case of continued payment default of more than 30 days, the Provider is additionally entitled to terminate the contract for cause.

(6) Price changes: The Provider reserves the right to change prices with 30 days' notice to the end of the respective contract period. Price changes are communicated to the customer by email. If the customer does not object within 14 days of receipt, the change is deemed approved. In case of objection, the Provider is entitled to terminate the contract effective at the time the price change takes effect. Increases due to statutory VAT changes take effect without separate notification.

(1) For the duration of the contract, the Provider grants the customer the non-exclusive, non-transferable right, limited in time and to the customer's own restaurant, to use the Platform.

(2) The customer is prohibited from copying, distributing, renting, lending, sublicensing, decompiling, reverse-engineering or otherwise attempting to determine the source code of the Platform or parts thereof.

The customer undertakes to:

• provide all data required for use truthfully and completely and keep them current;
• keep access credentials confidential and protect them from unauthorised third-party access;
• not use the Platform for unlawful purposes;
• observe the legal requirements (e.g. disclosure obligations) when forwarding calls to the AI phone assistant;
• obtain guests' consent for processing reservation data where a legal basis is required, and fulfil the statutory information obligations toward guests;
• not upload any content to the Platform that violates applicable law or third-party rights.

(1) The AI phone assistant processes incoming calls automatically. Conversations are processed to generate transcripts and reservation data.

(2) Audio data is stored for a maximum of 30 days and then automatically anonymised (Art. 5(1)(c), Art. 17 GDPR). A searchable entry is created in the reservation system from the call transcript. The legal basis is the AI disclosure at the start of the call as consent under Art. 6(1)(a) GDPR.

(3) The customer is responsible for the legally compliant integration of the AI phone assistant into its telephony infrastructure, in particular the configuration of disclosure messages and compliance with any disclosure obligations toward its guests.

(1) The Provider strives to keep the Platform available with as little interruption as possible. However, 100 % availability is not guaranteed due to the nature of the internet and technical maintenance work.

(2) The Provider is entitled to take the Platform out of service temporarily for maintenance. This shall be done preferably during periods of low usage and the customer shall be informed in advance where possible. Maintenance work of up to 60 minutes is generally not announced separately.

(3) Support requests are handled by the Provider via email. The average first response time for business-day requests is up to 24 hours (working days).

(1) The Provider processes personal data on behalf of the customer (data processing pursuant to Art. 28 GDPR). A separate Data Processing Agreement (DPA) is concluded with each customer.

(2) The Provider ensures that all sub-processors are likewise subject to DPA obligations. Details are set out in the privacy policy.

(3) The customer remains responsible for the lawfulness of the data transmitted to the Provider and for fulfilling its information obligations toward data subjects.

Upon contract end, customer data is deleted within 30 days unless statutory retention obligations require otherwise.

(1) The Provider is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, and under the German Product Liability Act.

(2) For ordinary negligence, the Provider is liable only for breach of an essential contractual obligation (cardinal duty), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In such cases, liability is limited to compensation for foreseeable damage typical for the contract.

(3) The Provider is liable for data loss only insofar as the damage could not have been avoided by reasonable data backup measures by the customer.

(4) Any further liability of the Provider — irrespective of the legal grounds — is excluded to the extent permitted by law.

(1) The contract may be terminated by either party with one month's notice to the end of the respective contract month. For annual billing, the notice period is one month to the end of the respective contract year.

(2) The right to extraordinary termination for cause remains unaffected. Cause exists in particular if the customer seriously or repeatedly breaches its obligations under § 7.

(3) Termination must be in written form or may be issued via the cancellation function provided in the customer account.

(1) Since these Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB (§ 1(2)), the customer as an entrepreneur has no right of withdrawal under § 355 BGB.

(2) If an order is placed by a person who is not an entrepreneur within the meaning of § 14 BGB, that person shall be deemed not entitled to use the Platform, and the contract shall, at the Provider's option, be void or extraordinarily terminable by the Provider.

(1) The Provider reserves the right to amend these Terms with effect for the future. Changes will be communicated to the customer by email at least 30 days before they take effect.

(2) If the customer does not object within 14 days of receipt of the change notice, the change is deemed approved. The Provider will draw the customer's attention to the meaning of silence and the new effective date in the notice.

(3) If the customer objects in time, the contract continues in its previous version. In this case, the Provider is entitled to terminate the contract effective at the time the amended Terms take effect.

Should individual provisions of these Terms be or become invalid in whole or in part, the contract shall remain valid in all other respects. The invalid provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the invalid provision. Any gap shall be closed by way of supplementary contract interpretation.