Terms of Service

1. Parties and scope

These Terms of Service govern the contract between the operator of the Guesto platform (referred to below as "Guesto", "we", or "us") and the business customer that creates an account and subscribes to a plan (referred to below as the "Tenant", "you", or "Subscriber"). The service consists of a hosted, multi-tenant application that lets a food-business subscriber build, publish, translate, and analyse digital menus accessible to the public through QR codes. The contract is entered into exclusively with business customers within the meaning of § 14 BGB; a consumer contract in the meaning of § 13 BGB is not offered.

2. Account, roles and access

The natural person who signs up creates the initial tenant workspace and becomes its owner. The owner may invite additional members and assign them roles ("owner", "manager", "staff") with the permissions documented in the product. The Subscriber is responsible for keeping credentials confidential, for the acts and omissions of any member it invites, and for notifying Guesto without undue delay if it suspects a credential has been compromised. Multi-factor authentication is available on all paid plans and is recommended.

3. Subscriptions, fees, taxes and trials

Paid plans are billed monthly in advance in EUR through the payments sub-processor listed in the Data Processing Agreement. A 14-day trial is available on any plan without a payment card; the trial converts automatically to the selected plan at the end of the trial unless cancelled. Prices are net of VAT; VAT is added at the statutory rate applicable in the Subscriber's country of establishment. A price change takes effect on the next billing period after at least 30 days' notice. Failure to pay a due invoice may result in the public menu being suspended after a grace period of 14 days.

4. Acceptable use

The Subscriber shall not use the service to publish content that is illegal, defamatory, misleading, or that infringes third-party rights. Menu content that describes food sold to the public must comply with mandatory labelling under Regulation (EU) 1169/2011, including the 14 allergen categories and, where required, quantitative ingredient declarations. The Subscriber shall not attempt to circumvent the technical protections around tenant isolation, rate limits, or the public-page cache. Automated scraping of another tenant's public menu at a rate that exceeds ordinary human browsing is prohibited.

5. Availability, support and changes to the service

Guesto targets 99.9% monthly availability on the public menu path (/r/[slug]), measured excluding scheduled maintenance announced at least 48 hours in advance. Support is provided by email within one business day for paid plans. Guesto may modify or discontinue non-material features on 30 days' notice; a material reduction of features paid for in the current billing period entitles the Subscriber to a pro-rata refund.

6. Term, termination and consequences

The contract runs for the billing period selected at checkout and renews automatically for the same period unless cancelled in the dashboard before the renewal date. Cancellation takes effect at the end of the current billing period; the public menu remains live until then. Either party may terminate for cause with immediate effect in the event of a material breach that is not cured within 14 days of written notice. After termination, tenant data is retained for 30 days for restore purposes and then deleted; export tooling is available for the duration of the subscription.

7. Liability

Guesto's aggregate liability for any claim under or in connection with the contract is limited to the fees paid by the Subscriber in the 12 months preceding the event that gave rise to the claim, save for liability that cannot be limited under mandatory German law (intent, gross negligence, injury to life or body, statutory product liability). Placeholder — counsel confirms the wording of this clause before release.

8. Governing law and venue

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is the seat of Guesto's legal entity as stated in the Impressum, provided the Subscriber is a merchant, a legal entity under public law, or a special fund under public law.

9. Changes to these Terms

Guesto may update these Terms with at least 30 days' advance notice sent to the account owner's email address. If the Subscriber objects to a material change within that period, the Subscriber may terminate the contract with effect from the day the change would otherwise take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.