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, 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:

One-Time Payment: Setup fee per individual offer. No commission per order applies. The customer owns the installed platform outright. Technical support is billed separately on a time-and-materials basis. Hosting is billed at €25 per month.
Growth (7%): No setup fee. GastroHub receives 7% per processed transaction. Maintenance, updates, technical support and priority response times are included.
Flat rate: Monthly base fee (€50 for the first 3 months, then €75), regardless of the number of orders. Support and maintenance are included. A tablet and a printer are provided on loan for the contract term. Term, termination and return of the provided hardware are governed by the individual offer.

Under the One-Time Payment model, the exact setup fee depends on the scope of services agreed in the offer (in particular the number of menu items, delivery zones, languages and migration effort) and is stated bindingly before the contract is concluded.

Under the Growth model, the commission is automatically retained per transaction via Stripe Connect (Application Fee), shown to the customer and paid out to GastroHub. One-time amounts, monthly flat-rate fees and separately billed maintenance or support hours are due by invoice with a payment term of 14 days.

§ 5 VAT

Pursuant to § 19 UStG (small-business rule of the German VAT Act), no VAT is charged or shown. All amounts in this agreement and on invoices are net amounts without separate 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

For online payment processing, the customer must set up a Stripe Connect account. The contractual partner for payment processing is Stripe (Stripe Payments Europe, Limited, Dublin, Ireland). Stripe's terms apply additionally. GastroHub assumes no liability for availability or functioning of 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

Under the commission model (Growth) the contract runs for an indefinite term and may be terminated by either party in text form with 30 days' notice to the end of the calendar month. Under the Flat rate model the contract runs monthly; term and termination are governed by the individual offer. Under the One-Time Payment model, the term arises from the individual offer.

Upon the termination taking effect, the ordering platform is deactivated. Commissions already accrued, setup fees and support or maintenance hours already provided remain unaffected and fall due in full.

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: May 2026