Terms of Service

1.1 These Terms of Service (hereinafter "Terms") apply to all contracts between good vibes GmbH, Gartenstrasse 7, c/o excent AG, Zweigniederlassung Zug, 6300 Zug, Schweiz, represented by Managing Director Denis Lulic (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the SaaS platform servioo.ai (hereinafter "Platform").

1.2 The Platform is a cloud-based ordering platform for the hospitality industry. It includes the following features: digital menu management, QR and NFC-based order processing, an AI-powered guest advisory system (hereinafter "AI Waiter"), a real-time kitchen display, AI-powered menu import, happy hour automation, an analytics dashboard, and team management.

1.3 The Platform is exclusively aimed at entrepreneurs within the meaning of § 14 BGB (German Civil Code) who operate in the hospitality industry. By registering, the Customer confirms that they are acting in the course of their commercial or independent professional activity. These Terms do not apply to consumers within the meaning of § 13 BGB.

1.4 Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

1.5 The Platform does not provide hardware, payment processing for end customers (guests of the Customer), or delivery services. The Platform does not process payments between the Customer and their guests.

2.1 The Customer enters into the contract by registering on the Platform at https://app.servioo.ai/register. By completing the registration, the Customer submits a binding offer to conclude a usage contract. The Provider accepts this offer by activating the Customer account.

2.2 The Customer warrants that they are authorized to represent the registered company and that the data provided during registration is complete and truthful. Changes to master data must be communicated to the Provider immediately.

2.3 The Customer is obligated to keep their access credentials (email address and password) confidential and to protect them from third-party access. The Customer is liable for all activities carried out through their account, unless the unauthorized use was not attributable to them.

2.4 A separate account must be created for each restaurant location, unless the selected plan includes multi-location use.

3.1 After registration, the Provider grants the Customer a free trial period of 14 days (hereinafter "Trial Period"). During the Trial Period, the Customer has unrestricted access to all features of the selected plan.

3.2 No payment information is required to use the Trial Period.

3.3 After the Trial Period expires, the Customer's account will be automatically deactivated unless the Customer has previously selected a paid plan and provided valid payment information. There is no automatic transition to a paid plan.

3.4 Data entered during the Trial Period (menu, settings, order history) will be stored for 30 days after the Trial Period expires. If the Customer selects a paid plan within this period, the data will be transferred. After 30 days, the data will be irreversibly deleted.

3.5 The Provider reserves the right to modify, shorten, or discontinue the Trial Period for new customers at any time. Trial Periods already in progress remain unaffected.

4.1 The Provider makes the Platform available to the Customer as Software-as-a-Service (SaaS) via the Internet. The scope of features depends on the plan selected by the Customer (see § 5).

4.2 The Platform essentially includes the following services: • Digital menu management: Creation, editing, and publishing of a digital menu with categories, dishes, prices, allergen labeling, modifiers, and extras. • QR and NFC-based ordering: Generation of table-specific QR codes through which guests can place orders directly via their mobile browser without downloading an app. • AI Waiter: An AI-powered advisory system that provides recommendations to guests, answers questions about ingredients and allergens, and communicates in multiple languages. • Real-time kitchen display: A browser-based display of incoming orders with status management, timer, and urgency indicators. • AI-powered menu import: Automatic recognition of dishes, prices, and categories from uploaded photos or PDF files. • Happy hour automation: Time-controlled, automatic discounting according to configurable rules. • Analytics dashboard: Analysis of order data, revenue, top dishes, and other metrics. • Team management: Management of employee access with different roles (Owner, Manager, Service, Kitchen). • Custom branding: Customization of logo, colors, and fonts (depending on plan).

4.3 The Provider is entitled to further develop, improve, and adapt the Platform to the current state of technology. The Provider will not substantially restrict the scope of features of the plan booked by the Customer. The Customer will be informed of significant changes in a timely manner.

4.4 The Provider aims for a Platform availability of 99.5% annual average. This excludes scheduled maintenance, which the Provider will schedule during low-usage times (02:00–06:00 CET) whenever possible and announce at least 48 hours in advance via email or dashboard notification. Also excluded are outages outside the Provider's sphere of influence (see § 13).

4.5 Access to the Platform requires a current web browser with an internet connection. The Provider is not responsible for establishing or maintaining the Customer's internet connection.

5.1 The Platform is offered in the following plans: • Starter (€ 49.99/month): Unlimited tables, up to 10 categories and 50 dishes, QR code ordering, real-time kitchen display, order management. • Professional (€ 149.99/month): Unlimited tables, up to 50 categories and 500 dishes, all Starter features plus AI Waiter, modifiers & extras, happy hour management, analytics & reports, team management (up to 5 employees). • Enterprise (€ 499.00/month): Unlimited tables, dishes, and employees, all Professional features plus custom branding (colors, logo, fonts), priority support, unlimited team size.

5.2 All prices are net prices plus the applicable statutory value-added tax.

5.3 Billing is monthly in advance. The invoice amount is due at the beginning of each billing period. The first billing occurs after the free Trial Period expires.

5.4 Payment is processed through the payment service provider Stripe (Stripe Payments Europe, Ltd.). Accepted payment methods are credit card and SEPA direct debit. The Customer grants the Provider or Stripe the required direct debit authorization.

5.5 If the Customer defaults on payment, the Provider is entitled, after unsuccessful reminder with a reasonable grace period, to temporarily suspend access to the Platform. The obligation to pay the agreed fees remains unaffected by the suspension. The suspension will be lifted immediately upon full payment settlement.

5.6 The Provider is entitled to change prices with a notice period of at least six (6) weeks before the end of the current billing month. The change will be communicated to the Customer by email. If the Customer does not object to the price change within four (4) weeks of receiving the notification, the price change is deemed accepted. In the event of an objection, the Customer has a special right of termination at the time the price change takes effect.

6.1 The contract is concluded for an indefinite period with a minimum term of one (1) month.

6.2 The contract may be terminated by either party at any time with a notice period of fourteen (14) days before the end of the current billing month.

6.3 The right to extraordinary termination for cause remains unaffected. Cause for the Provider exists in particular when: • the Customer is in default of payment of at least two (2) monthly amounts despite reminder and grace period; • the Customer uses the Platform in a manner that violates applicable law; • the Customer materially breaches their obligations under these Terms and fails to remedy the breach within a reasonable period after warning.

6.4 Termination requires text form (email is sufficient). Termination may also be effected through account management in the dashboard. Terminations by email should be sent to: hello@servioo.ai.

6.5 The Customer may change their plan at any time (upgrade or downgrade). An upgrade takes effect immediately; a downgrade takes effect at the beginning of the next billing month.

6.6 After contract termination, the Customer's access to the Platform will be suspended. The Customer has the option to request an export of their data (menu, order history) via the dashboard within thirty (30) days after contract termination. After this period, all Customer data will be irreversibly deleted, unless statutory retention obligations require otherwise.

7.1 The Customer is solely responsible for the accuracy and completeness of all content they enter on the Platform. This includes in particular: dish names, descriptions, and prices; allergen labeling pursuant to Regulation (EU) No. 1169/2011 (FIC); modifiers, extras, and special requests; images and logos.

7.2 The Customer bears sole responsibility for ensuring that the menu published on the Platform complies with applicable food law requirements, particularly regarding the correct labeling of all 14 EU allergens. The Platform merely provides a technical tool for this purpose; food law responsibility remains exclusively with the Customer.

7.3 The Customer warrants that the content they post on the Platform (texts, images, logos, trademarks) does not infringe third-party rights, in particular copyright, trademark, or personality rights.

7.4 The Customer undertakes not to misuse the Platform. Misuse includes in particular: posting unlawful, offensive, discriminatory, or otherwise objectionable content; attempts to disrupt, manipulate, or overload the technical infrastructure of the Platform; automated data retrieval (scraping) or use of the Platform beyond its intended use; sharing access with third parties not belonging to the Customer's operation.

7.5 The Customer is obligated to inform their employees who are granted access to the Platform about these Terms and to ensure compliance.

7.6 The Customer ensures that a stable internet connection is available at the location (restaurant) for operating the dashboard and kitchen display.

8.1 The AI Waiter is an assistance system that operates based on artificial intelligence. It provides recommendations to guests, answers questions about ingredients and allergens, and communicates based on the menu data provided by the Customer.

8.2 No guarantee of accuracy: The Provider expressly points out that AI-powered systems, despite careful development, may provide incorrect, incomplete, or misleading responses. The AI Waiter does not provide medical, health-related, or legally binding information. The AI Waiter's responses regarding allergens and ingredients are based exclusively on the data provided by the Customer and may be inaccurate.

8.3 Customer's duty to verify: The Customer is obligated to spot-check the information communicated by the AI Waiter to guests and to ensure that the data underlying the AI Waiter (menu, allergens, ingredients) is correct and up-to-date. Responsibility for the accuracy of allergen and ingredient information lies exclusively with the Customer.

8.4 AI-powered menu import: The automatic recognition of dishes, prices, descriptions, and categories from uploaded photos or PDF files is an aid. The Customer is obligated to fully review and, if necessary, correct the result of the AI import before the menu is published. The Provider assumes no liability for errors in the result of the automatic import.

8.5 The Customer may customize the personality and name of the AI Waiter. The Customer ensures that the chosen name and personality do not infringe third-party rights and are not likely to mislead guests.

8.6 The Provider is entitled to further develop the AI Waiter, replace, or adapt its underlying AI models. The Provider will ensure that the core functionality (advice based on stored menu data) is maintained.

9.1 The Provider processes personal data in connection with the provision of its services in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection regulations. Details are provided in the Provider's Privacy Policy, available at https://servioo.ai/datenschutz.

9.2 To the extent the Provider processes personal data on behalf of the Customer in the course of service provision, the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

9.3 The Platform operates on a session basis. Guests of the Customer do not need to create a user account or download an app. The Provider does not store personal data of guests beyond the respective ordering session. The Customer, as the controller within the meaning of the GDPR, is responsible for informing their guests about data processing.

9.4 The Provider uses sub-processors for the provision of its services, including: Stripe (payment processing), the respective cloud hosting provider (infrastructure), and the AI model provider (operation of the AI Waiter).

9.5 Data processing takes place on servers within the European Union, unless otherwise agreed in the DPA. To the extent data is transferred to third countries, the Provider ensures that appropriate safeguards pursuant to Art. 46 GDPR are in place.

10.1 All rights to the Platform, including source code, user interface, design, the "servioo.ai" brand, AI models, and underlying algorithms, remain with the Provider or its licensors.

10.2 The Provider grants the Customer a simple, non-transferable, non-sublicensable right to use the Platform for its intended purpose within the contractually agreed scope for the duration of the contract.

10.3 All rights to content posted by the Customer on the Platform (menus, texts, images, logos) remain with the Customer. The Customer grants the Provider the right to store, process, and display this content to the Customer's guests as part of service delivery.

10.4 The Customer grants the Provider the right to use the Customer's name and logo as a reference, unless the Customer expressly objects.

11.1 The Provider is liable without limitation for damages arising from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents.

11.2 The Provider is further liable without limitation for damages caused by intent or gross negligence of the Provider or its legal representatives or vicarious agents.

11.3 In the case of breach of material contractual obligations (cardinal obligations) through slight negligence, the Provider's liability is limited to the typical, foreseeable damage.

11.4 The Provider's liability for slight negligence in breach of material contractual obligations is limited in amount to the fees paid by the Customer in the twelve (12) months prior to the event giving rise to liability, but no more than € 10,000.00.

11.5 Any further liability of the Provider for slight negligence is excluded. In particular, the Provider is not liable for: lost profits, revenue losses, or business interruption damages; indirect and consequential damages; damages caused by incorrect information from the Customer; damages caused by AI Waiter responses; damages caused by the Customer's internet outages; damages caused by third-party service failures.

11.6 The Provider warrants the functionality of the Platform in accordance with the service description (§ 4). The Provider will remedy defects within a reasonable period after notification by the Customer.

11.7 The liability limitations under this § 11 also apply in favor of the Provider's legal representatives, employees, and vicarious agents.

12.1 The Customer indemnifies the Provider and its employees against all third-party claims arising from content posted by the Customer on the Platform. This includes in particular claims for infringement of intellectual property rights, incorrect allergen information, violations of food law, and violations of competition law.

12.2 The Customer bears the costs of the Provider's legal defense, including all court and attorney fees at the statutory rate. This does not apply to the extent the third-party claim was caused by misconduct of the Provider.

12.3 The Customer undertakes to inform the Provider immediately and completely about third-party claims and to provide the Provider with all necessary information for legal defense.

13.1 The Provider is not liable for service disruptions caused by circumstances beyond its reasonable control (force majeure). This includes in particular: natural disasters, pandemics, war, terrorism, strikes, government orders, failure of public communication networks, cyberattacks, and disruptions at third-party providers.

13.2 The Customer's internet connection and the provision of suitable devices (smartphones, tablets, screens for the kitchen display) are the sole responsibility of the Customer.

13.3 The Provider uses third-party services to deliver its services. The Provider is not liable for outages or service restrictions caused by these third-party services, provided the Provider has exercised due care in selecting and monitoring the third-party services.

13.4 In the event of a service disruption pursuant to § 13.1, the Provider's performance deadlines are extended by the duration of the disruption. If the disruption lasts longer than thirty (30) days, both parties are entitled to terminate the contract with immediate effect.

14.1 The Provider is entitled to amend these Terms with effect for the future, provided the amendment is reasonable for the Customer, taking into account the Provider's interests.

14.2 The Provider will inform the Customer of amendments to the Terms at least six (6) weeks before they take effect by email.

14.3 If the Customer does not object to the amended Terms in text form within four (4) weeks of receiving the amendment notification, the amended Terms are deemed accepted. In the event of an objection, both parties have a special right of termination at the time the amendments take effect.

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

15.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

15.4 No verbal side agreements exist. Amendments and additions to this contract require text form.

15.5 The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board, as the Platform is exclusively aimed at entrepreneurs.