Terms and Conditions

These Terms apply exclusively to contracts with entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. Any conflicting terms of the customer are not recognised unless the Provider expressly agrees to them in writing.

The presentation of services on the website does not constitute a binding offer. The contract is formed only through an individual quote prepared by the Provider and its written acceptance by the customer. Verbal side agreements are valid only if confirmed in writing.

The Provider supplies the customer with the BistroGo software as a point-of-sale system for hospitality businesses. Depending on the chosen package, the scope of services includes in particular:

• Local Master software for Windows with offline operation
• Waiter and Kitchen Display apps for Android
• Owner dashboard (owner.bistrogo.de) and cloud backup
• QR ordering and country-specific tax profiles

Upon full payment of the agreed fee, the Provider grants the customer a simple, non-exclusive, non-transferable right of use of the BistroGo software, limited to the term of the contract. The licence applies to the number of locations, Master installations and end devices agreed in the quote. Sharing access credentials or activation codes with third parties is not permitted. Reverse engineering, decompilation, and removal of licensing, security or anti-tampering mechanisms are only permitted to the extent mandatorily allowed by law (§§ 69d, 69e UrhG).

Prices result from the individual quote. Pursuant to the small-business rule under § 19 UStG, no value-added tax is shown. Invoices are due for payment within 14 days of the invoice date without deduction. Statutory default interest applies in case of late payment.

The customer undertakes to:

• Keep access credentials, activation codes and passwords confidential and protect them from unauthorised access
• Use the software exclusively for its own business purposes and within the licensed scope
• Provide and maintain suitable hardware, power and network infrastructure (LAN, Wi-Fi, printers, Master PC, end devices) at its own cost
• Inform the Provider without delay of any defects or disruptions
• Verify and sign off the correct configuration of country- and industry-specific tax, POS and retention rules at its own responsibility
• Generate and retain its own regular backups and — where legally required — end-of-day reports (Z-reports) and daily closings

The Provider offers email, phone and WhatsApp support during business hours (Mon–Fri 09:00–18:00 CET, excluding public holidays in Baden-Württemberg). The Provider aims to respond to enquiries within 24 business hours but does not warrant any specific response or restoration times unless a separate SLA (Service Level Agreement) is agreed in the individual quote. The Provider releases updates and security patches from time to time; the customer undertakes to install offered updates within a reasonable period.

The Master software stores business data locally in a SQLite database. Optionally, the Provider offers an encrypted cloud backup for menu, staff, tables, stations, printers, configurations, and the orders and payments of the current business day. The customer can export its data at any time via the export functions provided in the software (CSV, Excel). Proper backup of the data — in particular for the fulfilment of tax and commercial retention obligations — is the sole responsibility of the customer. The Provider is liable for data loss only up to the amount of the effort that would have been required for restoration through proper backups by the customer.

The Provider aims to make the cloud components (license activation, sync, owner dashboard) available with an average annual uptime of 99%. Scheduled maintenance windows and outages due to force majeure are excluded. The Master software is deliberately offline-first and does not depend on cloud availability.

If the customer uses BistroGo as an electronic recording system in Germany within the meaning of § 146a AO (German Fiscal Code), the following applies:

• Compliance with the requirements of § 146a AO, the Cash Register Security Ordinance (KassenSichV), the GoBD and the DSFinV-K is the sole responsibility of the customer as the taxable entrepreneur.
• The certified technical security device (TSE) is not supplied by the Provider. The customer is obliged to procure an approved TSE from a BSI-certified vendor, to put it into operation in due time, to notify the tax office (notification duty under § 146a (4) AO) and to check it regularly.
• The Provider supports the customer — to the extent provided by the software — in generating end-of-day reports (Z-reports), exports and receipts. The Provider does not warrant that the software meets all requirements of KassenSichV / DSFinV-K / GoBD or comparable rules without further configuration, unless this is expressly confirmed in writing in the individual quote.
• Before going live in production, the customer is obliged to review and sign off, together with its tax advisor, the correct configuration (tax profiles, payment methods, receipt printing, end-of-day reports, TSE connection, DSFinV-K export, and any required recording/archiving software).
• In the event of tax audits, cash register inspections (§ 146b AO) or requests by the tax authorities, the customer is responsible for providing the data on time. The Provider provides technical assistance against separate remuneration.

Marketing statements on the website or in other materials that refer to KassenSichV, TSE, DSFinV-K or GoBD do not constitute a guarantee of specific characteristics within the meaning of § 434 (1) BGB unless expressly confirmed in writing in the individual quote.

The Provider is liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body or health. In case of slight negligence, the Provider is liable only for the breach of material contractual obligations and only up to the amount of the foreseeable, contractually typical damage. Any further liability is excluded. For data loss, the Provider is liable only up to the amount of the effort that would have been necessary for restoration through proper data backup by the customer. Liability for tax or regulatory consequences of incorrect configuration by the customer or third parties (in particular with regard to § 146a AO, KassenSichV, DSFinV-K, GoBD) is excluded.

The processing of personal data is carried out in accordance with our privacy policy and in compliance with the GDPR. If the Provider processes personal data on behalf of the customer (in particular in the owner dashboard, in the cloud backup, in the QR ordering flow and in licence administration), the parties will conclude a separate data processing agreement (DPA / AVV) pursuant to Art. 28 GDPR. The DPA can be requested at any time via info@bistrogo.de.

The contract is concluded for an indefinite period and may be terminated by either party with one month's notice to the end of the calendar month. The right to extraordinary termination for good cause remains unaffected. Notices of termination must be given in text form. After the end of the contract, the Provider makes the customer's data available for export in a common format (CSV or Excel) for 30 days; data is then deleted within a further 90 days, unless statutory retention obligations apply.

The Provider reserves the right to amend these Terms with effect for the future. Changes will be communicated to the customer in text form at least six weeks before they take effect. If the customer does not object within six weeks of receiving the notice, the changes are deemed accepted. The customer will be specifically informed of this in the notice of change.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.