General Terms and Conditions

1 Scope and contracting parties

1.1The provider of QR Table is Rani Kais (sole proprietorship, trading as “Kais Solutions”), Adelheid-Popp-Gasse 12/10, 1220 Vienna, Austria, VAT ID ATU83512003, email office@kaissolutions.at (hereinafter “Provider”). The legal notice on qr-table.at names both.

1.2These General Terms and Conditions (terms) apply to all contracts for the use of the QR Table software platform between the Provider and its customers. Customers are exclusively businesses within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), in particular hospitality businesses. By signing up, the customer confirms that it is acting as a business. These terms do not apply to consumers.

1.3Conflicting or deviating terms of the customer only apply if the Provider expressly agrees to them in writing.

1.4The customer's guests who use the digital menu do not become contracting parties of the Provider.

2 Service and packages

2.1QR Table is software as a service (SaaS): a digital menu that guests open via QR code at the customer's own address (<name>.qr-table.at), together with an admin area for the customer's team. The Provider makes the software available over the internet and operates it; the software is not provided for installation. One contract covers one restaurant at one address; further locations are agreed separately.

2.2There are three packages. The package description published on the website at the time the contract is concluded is authoritative; the main differences:

2.3Payment and till:Orders are paid exclusively on site to the staff. The Provider does not process any payments, is not a payment service provider and does not provide a cash register. The customer's obligations regarding receipts, cash registers and taxation remain unaffected.

2.4The Provider does not charge any commission on the customer's revenue.

2.5A particular scope of functions beyond the package description is not owed. The Provider may develop the software further (see 13.3).

2.6Additional services:For a separate fee, the Provider offers QR stickers, acrylic table stands and entering an existing menu. The prices are listed on the website and are net plus 20 % VAT; shipping costs are added for goods. Goods are shipped within 10 working days of receipt of payment; individually printed goods are excluded from exchange, the statutory warranty remains unaffected. The menu entry service covers transferring categories, dishes, prices and allergens from the menu supplied by the customer; the customer checks and approves the content in accordance with 6.1 and 6.2. Additional services are not part of the trial period and run independently of the package.

3 Conclusion of contract and trial period

3.1The contract is concluded when the Provider accepts the customer's sign-up or order, at the latest when access is activated. The Provider may reject sign-ups without giving reasons.

3.2Every package can be tested free of charge for 14 days, without a credit card. The trial period begins on activation. It is non-binding and ends automatically after 14 days without notice or costs, unless the customer has booked the package as a paid package beforehand.

3.3After the trial period ends, the digital menu is no longer accessible to guests. The customer's team can still sign in and maintain the menu. If the customer books the package, the menu is activated again.

3.4The paid term begins after the trial period (see 5).

4 Prices and payment

4.1All prices are net prices in euros plus 20 % VAT. For customers established in another EU member state with a valid VAT ID, the tax liability passes to the customer pursuant to § 3a(6) of the Austrian VAT Act (UStG) (reverse charge): the invoice shows no VAT, states the VAT ID numbers of both parties and the note “reverse charge”; the customer owes the VAT in its own state. Customers outside the EU provide evidence of their business status; the invoice then contains no Austrian VAT.

4.2The customer chooses the payment method when booking. Fees are payable in advance: for twelve months with annual payment, for one month at a time with monthly payment.

4.3The Provider issues invoices electronically by email to the billing address provided by the customer. The customer agrees to electronic invoicing.

4.4Invoices are payable without deduction within 14 days of the invoice date, by bank transfer; once offered, also by credit card via the payment service provider Stripe. In the event of late payment, default interest at the statutory rate (§ 456 of the Austrian Commercial Code, UGB) applies, and collection costs are recoverable. The Provider's right to suspend access in accordance with 12.1 remains unaffected.

4.5Prices for a term already running remain unchanged. Price changes for future terms are possible in accordance with 13.1 and 13.2.

5 Term, renewal and termination

5.1Annual payment:The term is twelve months and begins after the trial period. It is automatically renewed for a further twelve months unless the contract is terminated with one month's notice to the end of the term.

5.2Monthly payment:The contract runs for an indefinite period and can be terminated with one month's notice to the end of a month.

5.3One month's notice means: if the notice is received in October, whether on 1 or 31 October, the contract ends at the end of 30 November. With annual payment, the notice must be received no later than the last day of the month before the month in which the term ends. So if the term ends on 30 November, it must be received by 31 October; notices received later only take effect at the end of the next term.

5.4Notice of termination must be given in text form; an email to office@kaissolutions.at is sufficient. The Provider confirms it with the termination date.

5.5The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the customer remains in default of payment despite a reminder with a grace period of at least 14 days, or seriously breaches obligations under section 6.

5.6With annual payment, the fee paid in advance for the current term is not refunded pro rata if the customer terminates early. If the Provider terminates without good cause, the Provider refunds the fee for the remaining term pro rata.

5.7Upgrading to a higher package is possible at any time and applies from the upgrade; the term and payment method remain unchanged, and the fee is adjusted pro rata for the remaining term. Downgrading to a lower package is possible at the end of the term.

6 Obligations of the customer

6.1Menu content:The customer is solely responsible for names, descriptions, prices, images and all other content and for their accuracy and currency. Prices must be stated as required by the price labelling regulations (final price including VAT).

6.2Allergens and ingredients:Labelling allergens and other ingredients in accordance with food law is the sole responsibility of the customer. QR Table provides the fields and the display but does not check the information for content. The customer is obliged to keep the allergen information complete and up to date and to ensure that guests can also obtain information in person if they have questions.

6.3Third-party rights:The customer may only upload content for which it holds the necessary rights (texts, photos, videos, logos, fonts, certificates). The customer indemnifies the Provider against third-party claims based on unlawful content of the customer.

6.4Access:The customer keeps access credentials secret and only lets authorised employees use them. It is responsible for the actions of its users and revokes access for departing employees without delay. It reports any suspicion of misuse immediately.

6.5Legal texts:The customer maintains the legal notice and privacy information of its business in the settings and is responsible for their accuracy. It is the controller for the data of its guests and employees (see 10).

6.6Tax law:Cash register, receipts and taxation remain the customer's responsibility (see 2.3).

6.7Permitted use:The customer uses QR Table only as intended. In particular, circumventing package limits, automated load tests without consent, uploading malware and unlawful or discriminatory content are not permitted. Uploaded files are scanned for malware; unchecked or suspicious files may be rejected.

7 Availability, maintenance, support

7.1The Provider endeavours to provide the service with as few disruptions as possible around the clock. No particular availability (service level) is promised. Excluded are planned maintenance, outages of upstream services (internet connection, data centre, Cloudflare), force majeure and interventions by the customer.

7.2Maintenance work may briefly block the admin area and, if necessary, the menu for guests. The Provider announces major maintenance in advance where possible and chooses times of low usage.

7.3Alerts for orders:Sound, display and push notifications for new orders or waiter calls are an aid, not a guarantee. They depend on device, browser, permissions and network. The customer ensures organisationally that the team watches the kitchen board regularly.

7.4Supportis provided by email to office@kaissolutions.at on working days (Monday to Friday, 9:00 to 17:00). The Provider endeavours to reply within two working days. No response time is promised.

7.5Backups:The Provider backs up the platform data daily, encrypted, at a separate storage location in order to be able to restore the overall system. There is no claim to the restoration of individual content or a particular point in time. The customer additionally backs up important content (e.g. images, texts) itself.

8 Automatic translation and AI media

8.1The automatic translation (from Premium) machine-translates names and descriptions of the menu via external translation services. Machine translations can be incorrect or misleading, especially for ingredients, allergens, proper names and technical terms.

8.2The customer checks translated texts before publication and bears responsibility for their accuracy. The Provider is not liable for errors in machine translations. The platform's allergen designations are fixed and multilingual; they do not replace the obligation under 6.2.

8.3Media created or substantially edited with artificial intelligence must be labelled as such. The platform offers a label for this; the customer sets it correctly.

9 Rights to content

9.1All rights to the content uploaded by the customer remain with the customer.

9.2The customer grants the Provider the simple, non-transferable right to store this content for the duration of the contract, to process it technically (e.g. generate image sizes), to translate it at the customer's request and to make it publicly accessible to guests via the menu. The right ends with the contract, subject to the periods in 12.3.

9.3The software, the “QR Table” brand and all associated rights remain with the Provider. For the duration of the contract, the customer receives a simple, non-transferable right to use the software within the booked package.

9.4The Provider may only name the customer as a reference with the customer's consent.

10 Data protection

10.1For personal data that the customer processes via QR Table (in particular data of its employees and guests, e.g. orders and waiter calls), the customer is the controller and the Provider the processor within the meaning of Art. 28 GDPR. The details are governed by the data processing agreement (DPA), which forms part of these terms and is concluded upon sign-up.

10.2For the customer's own data (contact data, billing data, access data), the Provider is the controller; the privacy policy on qr-table.at applies.

10.3QR Table does not track guests: no cookies are set for guests, and the statistics consist of counters without IP addresses and without device identifiers. Guest orders record dishes, table, time and an optional note; name or contact details are not requested. The customer remains responsible for informing its guests in accordance with Art. 13 GDPR; the platform provides a privacy policy for its subdomain for this purpose.

11 Warranty and liability

11.1Warranty:The customer reports defects without delay and comprehensibly in text form. The Provider remedies defects within a reasonable period by fixing the error or providing a workaround. The warranty period is twelve months. Price reduction or termination of the contract is only possible after two unsuccessful attempts at remedy.

11.2Liability:The Provider is liable without limitation for intent and gross negligence and for injury to life, body and health. In the case of slight negligence, it is only liable for breach of essential contractual obligations and only for foreseeable, typical damage.

11.3In the case of slight negligence, the Provider's liability for a contract year is limited to the fee paid in that contract year. Liability for loss of profit, indirect damage, consequential damage and damage from data loss is excluded in the case of slight negligence, insofar as the customer could have avoided the damage through reasonable backups of its own.

11.4Customer content:The Provider is not liable for the customer's content, in particular not for incorrect prices, allergen information and translations (see 6 and 8), and not for lost orders due to disruptions that are not guaranteed under 7.

11.5Claims for damages against the Provider become time-barred one year after knowledge of the damage and the party causing it. Liability remains unaffected where mandatory law does not permit its exclusion.

12 Suspension, termination, return of data

12.1Suspension:The Provider may block guests' access to the menu if the customer remains in default of payment despite a reminder with a grace period of at least 14 days, or immediately in the case of unlawful content or serious misuse. The customer's team can generally still sign in. The obligation to pay continues during the suspension. Once the outstanding amounts have been settled, the Provider lifts the suspension without delay.

12.2Termination:When the contract ends, the menu is no longer accessible to guests. The customer can export its data itself until the end of the contract, insofar as the platform offers this (e.g. statistics). On request in text form, the Provider provides the menu (categories, dishes, prices, allergens) in a common format (e.g. CSV or JSON) within 30 days of the end of the contract.

12.3Deletion:The Provider deletes the customer's data from the platform 90 days after the end of the contract. Backups expire according to their usual cycles (at most twelve months). The Provider's invoicing and accounting data is retained in accordance with the statutory retention obligations (seven years, § 132 of the Austrian Federal Fiscal Code, BAO). Further details are governed by the DPA.

12.4Payment claims that have already arisen, liability provisions and confidentiality obligations survive the end of the contract.

13 Changes to the terms and the service

13.1The Provider may change these terms and the prices for future terms. It communicates changes by email at least two months before they take effect and highlights the changed points.

13.2The change is deemed approved if the customer does not object in text form within this period; the Provider points this out in the notification. If the customer objects, either party may terminate the contract as of the date the change takes effect without observing a further notice period; until then, the previous version applies. Price changes never take effect for a term already paid.

13.3The Provider may develop the software further and change or replace functions as long as the core of the package service (see 2) is maintained. It may remove functions if they are no longer legally or technically justifiable and informs the customer of this in good time.

14 Final provisions

14.1Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

14.2The court with subject-matter jurisdiction in Vienna, Innere Stadt, has exclusive jurisdiction for all disputes arising from this contract. The place of performance is Vienna.

14.3Declarations under the contract may be made by email unless these terms provide otherwise. The customer keeps its contact and billing address up to date.

14.4The customer may only transfer rights and obligations under the contract with the Provider's consent. The Provider may transfer the contract to a legal successor that assumes the obligations.

14.5Should any provision be invalid, the remaining provisions remain valid. The invalid provision is replaced by a valid one that comes closest to its economic purpose.