General Terms and Conditions (AGB)

This English translation is provided for convenience and is pending professional legal review. It is not legally binding. Only the German version is the authoritative legal text. In case of any conflict, the German version prevails.

§ 1 Scope

These General Terms and Conditions (AGB) apply to all contracts between Osama Farroukh, c/o MDC#samsphere, Welserstraße 3, 87463 Dietmannsried, Germany (hereinafter "GastroHub") and the restaurant operator (hereinafter "customer") concerning the provision of the GastroHub ordering platform and related services. Deviating terms of the customer shall not become part of the contract unless GastroHub expressly agrees to them in writing. The services are exclusively aimed at entrepreneurs within the meaning of § 14 BGB (German Civil Code).

§ 2 Description of services

GastroHub provides the customer with a browser-based ordering platform, consisting of a public ordering page for end customers and an admin dashboard for managing menu, orders, delivery zones, opening hours and other operational functions. The exact scope of features is set out in the description on gastrohub.dev at the time the contract is concluded.

Optionally, GastroHub sets up the platform for the customer, performs the initial menu maintenance from existing sources, and sets up a subdomain or links a domain provided by the customer. Unless expressly agreed otherwise, these services are included in the setup price.

The contractual relationship between the restaurant operator and the end customer is established directly between them. GastroHub provides the platform within the meaning of § 312i BGB and implements the Button-Lösung (button solution) pursuant to § 312j para. 3 BGB. The restaurant operator is responsible for fulfilling the information and instruction obligations vis-à-vis end customers.

§ 3 Conclusion of contract

The contract is concluded by the customer's acceptance of an individual offer from GastroHub in text form (for example by email). The pricing models presented on gastrohub.dev do not constitute a binding offer but an invitation to submit an offer (invitatio ad offerendum). The contract is concluded exclusively by acceptance of an individual offer in text form.

§ 4 Pricing models and payment

The customer chooses one of the following pricing models:

Menu & Reservations: One-off setup fee of €300 plus a monthly fee of €25. Includes a dedicated website with a digital menu, QR codes, an email address on the customer's domain, as well as hosting. An online ordering system is not included in this model. Updates and support are not included in this model and are billed separately.
Entry: Monthly fee of €50. Includes online orders and table reservations by email, a dedicated website with menu, QR codes, an email address on the customer's domain, as well as support. No hardware is provided in this model. An upgrade to the Flatrate model is possible at any time, effective the following month.
Flatrate: Monthly base fee of €100. The base fee covers online order revenue of up to €1,000 per calendar month; for each further €1,000 of online order revenue started in the same calendar month, the monthly fee increases by €25. Includes online orders and table reservations, a dedicated website with menu, QR codes, an email address on the customer's domain, as well as support. In addition, a tablet and a printer are provided to the customer on loan for the term of the contract (see the paragraph on provided hardware).

The one-off setup fee for the Menu & Reservations model is due upon conclusion of the contract. Monthly fees are charged in advance for the current month. All invoices are payable without deduction within 14 days of the invoice date. Additional services not included in the selected model (e.g. individual customisations or effort beyond the included support) are billed separately according to the effort applicable at the time the service is rendered. All prices stated are net, plus the applicable statutory VAT.

Provided hardware (Flatrate): A tablet and a printer provided under the Flatrate model are lent to the customer for the term of the contract and remain the property of GastroHub. The customer uses the devices solely as intended, handles them with care and does not pass them on to third parties without prior consent. Serial numbers and markings must not be removed or altered. The customer is liable for damage, loss or theft for which the customer is responsible, up to the replacement value; ordinary wear and tear need not be compensated. After the contract ends, the customer returns the devices in full and in contractual condition within 14 days at the customer's own expense. If the devices are not returned on time, GastroHub is entitled to invoice the replacement value.

§ 5 VAT

All amounts in this agreement and on invoices are net amounts plus the applicable statutory VAT.

§ 6 Customer's duty to cooperate

The customer shall provide all content necessary for setup and operation (menu, images, logo, opening hours, delivery zones, legal information) in good time and ensure its legal admissibility. The customer is in particular responsible for the completeness and accuracy of allergen and additive labelling.

The customer designates at least one person responsible for the platform and ensures confidential handling of access credentials.

§ 7 Stripe Connect and payment processing

Where the customer offers online payments via the platform, this requires the customer to set up a Stripe Connect account. The contractual partner for payment processing is Stripe (Stripe Payments Europe, Limited, Dublin, Ireland). Stripe's terms apply in addition. GastroHub assumes no liability for the availability or functioning of the Stripe services.

§ 8 Data protection and order processing

Insofar as GastroHub processes personal data of restaurant end customers on behalf of the customer, the parties conclude a separate Data Processing Agreement (DPA) under Art. 28 GDPR. The DPA is concluded before the first processing of personal data of the restaurant operator's end customers begins. Further information on data processing can be found in our privacy policy.

§ 9 Availability

GastroHub endeavours to achieve the highest possible availability of the platform but does not warrant any specific availability. Maintenance windows are scheduled, where possible, outside typical ordering hours. Outages due to force majeure, failures of upstream suppliers (hosting, Stripe, DNS) or third-party attacks do not give rise to damage claims, insofar as GastroHub is not responsible for them.

§ 10 Liability

GastroHub is liable without limitation for damages based on intentional or grossly negligent breach of duty, and for damages arising from injury to life, body or health. In the case of slightly negligent breach of an essential contractual duty (cardinal duty, the fulfilment of which is essential to the proper performance of the contract and on whose observance the customer regularly relies), liability is limited to the foreseeable damage typical for this type of contract. In the case of slightly negligent breach of non-essential contractual duties, liability is excluded to the extent permitted by law. Liability for loss of profit, indirect damages and consequential damages is excluded to the extent permitted by law.

For content the customer publishes via the platform (in particular menu, images, texts), the customer is solely responsible. The customer indemnifies GastroHub against third-party claims in connection with such content.

§ 11 Term and termination

Contracts under the monthly models (Entry and Flatrate) run for an indefinite term and may be terminated by either party in text form with 30 days' notice to the end of the month. Under the Menu & Reservations model this applies accordingly to the monthly fee; the one-off setup fee is not affected. Deviating minimum terms or notice periods may be agreed in the individual offer.

Upon the termination taking effect, the platform is deactivated. Fees already accrued, setup fees and support or maintenance hours already provided remain unaffected and fall due in full. Hardware provided under the Flatrate model must be returned in accordance with § 4.

The right to extraordinary termination for cause remains unaffected for both parties. Terminations require text form.

§ 12 Choice of law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contract is Stuttgart, Germany, where the customer is a merchant, a legal entity under public law or a special fund under public law. GastroHub is also entitled to sue at the customer's general place of jurisdiction.

§ 13 Severability

Should individual provisions of these terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision shall apply that comes closest to the economic purpose of the invalid or unenforceable provision.

Status: July 2026