Terms of Service

These terms govern contracts between Orderking GmbH (“DineKeeper”, “we”) and businesses (B2B) (restaurants / operators, “Customer”) for use of the DineKeeper platform (dashboard, device pairing, Guest app, online payment via Stripe Connect, POS sync).

Customer terms apply only if we expressly agree in writing or text form. Consumer SaaS contracts are out of scope; end guests contract with the restaurant for food and service.

DineKeeper provides a cloud ordering and operations solution, including tenant dashboard, table/tablet management, sessions and orders, optional Guest app, realtime updates, catalog/order sync with supported POS systems, and in-venue online payment via connected Stripe Connect accounts.

Features depend on the selected plan and third-party availability (e.g. Stripe, POS). We may evolve the product if core functionality remains. Maintenance and incidents are communicated as reasonably practicable.

The contract is formed when online registration / plan selection is completed and we activate or accept the account. The Customer warrants that information is accurate and that they are authorised to represent the business.

Credentials must be kept confidential; the Customer is responsible for use under their accounts unless they prove the use was not their fault.

Plan prices and platform fees (e.g. percentage on successful online payments) stated at signup apply. Amounts are plus VAT where applicable.

Billing uses agreed payment methods (including Stripe). Guest online payments settle to the location’s connected Stripe account per Stripe and product configuration, less agreed fees and PSP charges.

We will give reasonable notice of price changes for renewal periods; the Customer may terminate as of the change date where required by law.

Unless otherwise agreed, subscriptions are monthly and renew until cancelled. Notice periods follow the plan or dashboard terms; otherwise text-form notice to the end of the current billing period is sufficient.

Extraordinary termination for cause remains available (e.g. material payment default, serious breach, platform abuse).

After termination, access may be disabled and data deleted or exported per the privacy policy and DPA.

The Customer ensures menus, prices, allergens and other guest information are lawful and current, and remains solely responsible for hospitality, hygiene, youth protection and restaurant regulations.

Where the Customer is controller, they provide required guest notices/consents and execute a DPA with DineKeeper. Devices and access must be appropriately secured.

Unlawful content, attacks on infrastructure, accessing others’ sessions, or use outside intended restaurant operations are prohibited.

DineKeeper is liable without limit for intent and gross negligence, injury to life, body or health, under the Product Liability Act, and for express guarantees.

For slight negligence breaching material contractual duties, liability is limited to typical foreseeable damage. Other slight negligence is excluded.

We are liable for third-party outages (Stripe, POS, networks, on-site devices) only to the extent we ourselves breached a duty. Internet and Customer infrastructure availability are not warranted.

Austrian law applies, excluding the UN CISG. If the Customer is a business, the courts in Vienna, Austria have jurisdiction where permitted.

If any provision is invalid, the remainder stays in force. We will notify AGB changes in text form; objection/termination rights follow applicable law.

This version is an operational draft and becomes binding when counsel-approved and marked as such.