Ospitera terms of service for venues

1. Who these terms are between

1.1 These terms are between Ospitera ("Ospitera", "we", "us") and the business that runs one or more venues on Ospitera ("you"). Version 2026-11-05.

1.2 You confirm that you use Ospitera for your business, not as a consumer, and that the person accepting may bind the business.

1.3 The terms apply from when you accept them in your admin or sign an order form, whichever comes first. They include the data processing agreement (/legal/dpa) and its country annexes, the subprocessor list (/legal/subprocessors) and the price shown in your admin. Our privacy policy (/legal/privacy) explains how we use data about you.

1.4 If these terms and an order form signed by both of us disagree, the order form wins for that point only.

2. What we provide

2.1 Ospitera gives your venue its own online ordering service ("the service"): a storefront and checkout for your guests, a kitchen board and tickets for your staff, an admin for menus, prices, opening hours and settings, live order tracking, and optional extras you switch on, such as text messages to guests and online payments through your own payment provider account.

2.2 We set up your storefront for you, as described when you apply, and give you the logins.

2.3 The service is a standard product that we improve over time. We may change non-material parts of it at any time. We don't remove or materially reduce a core function (taking orders, the kitchen board, the admin, online payments where available) without your agreement, except as far as strictly needed to comply with the law or to deal with an urgent security threat. We tell you in advance where we can and explain the effect; if such a reduction materially disadvantages you, you may end the service concerned and we refund any unused prepaid fees.

2.4 Some functions use automated tools, including AI, for example to read or translate a menu. You check the result before you publish it.

3. Your account

3.1 You give correct business details and keep them up to date: legal name, address, tax or VAT number, and the country where the business is established.

3.2 You keep logins and staff PINs confidential and are responsible for what is done with them. Tell us straight away if you suspect misuse.

3.3 You may give your staff access. You are responsible for what they do in the service.

3.4 Franchise groups: where your venue is part of a group that uses an Ospitera franchise console, the group may manage a shared menu and set up venues for its members. Each venue remains our customer under these terms, pays its own fee and is the controller of its own guests' data, unless the group and we agree in writing that the group pays. The console gives the group no access to your orders or your guests' data. If your venue leaves the group, you keep your venue and its data; the group's shared menu stops applying to it.

4. You are the seller to your guests

4.1 Every order placed through your storefront is a contract between you and your guest. We are not a party to it and do not act as your agent.

4.2 You are responsible for what you sell and your prices, tax settings and receipts, opening hours, preparing and delivering the food, food safety and hygiene, the licences and registrations your business needs (for example a food business registration, or in Turkey an ETBİS registration), and complying with consumer, food and advertising law where you sell.

4.3 Allergens and food information: where the law requires it (for example across the EU and the UK), you show allergen information on your menu before a guest orders, and keep it accurate. The admin lets you do this; the content is yours.

4.4 We provide standard guest terms of sale and a guest privacy notice that show your details. They are a starting point: you check that they fit your business and your country, and tell us if they don't.

4.5 You handle guests' questions, complaints, refunds and chargebacks.

5. Online payments

5.1 Online payments go to your own account with the payment provider (Stripe, or a local provider where we offer one), under that provider's terms between you and them.

5.2 We never receive, hold or move your guests' money, and take no commission on it. Payouts, refunds and disputes are between you, your guests and the provider.

5.3 If a provider refuses or closes your account, the rest of the service keeps working: guests can still pay at pickup or on delivery.

6. Price, demo month and payment

6.1 Your price: you pay the monthly price for the country where your business is established or, if your business is in the EU or EEA and you applied on another EU or EEA country's site, that site's price; it is shown in your admin when your venue is created. That price is stored for your venue: a later change to our price list does not change it, except as section 6.7 allows.

6.2 Demo month: your first month is a demo and costs nothing. It starts the day we create your venue. Three days before it ends, we remind you by email to choose a plan in the Billing tab of your admin. If you don't, your storefront stops taking orders when the demo ends and nothing is charged; your data is kept, and you can choose a plan at any time to reopen.

6.3 Monthly plan: charged on the day your demo ends and then on the same day each month (the last day, in a shorter month), for the month that starts that day. By card, it is collected automatically until you cancel. By bank transfer, we send an invoice payable within 7 days.

6.4 Yearly plan: you may pay for 12 months at once for the price of 10. The year starts on your next unpaid billing day. We do not renew a yearly plan automatically: when it ends, choose a plan again in your admin to keep your storefront open.

6.5 Taxes: prices exclude VAT and other taxes on our fee. We add them where the law requires us to. Where your business must account for the tax itself (reverse charge), the invoice says so. If the law of your country requires you to withhold tax from our fee, tell us before paying, pay the withheld amount to the tax authority and send us the receipt. You then increase the payment so that, after the withholding, we receive the full price; the invoice shows the increase. Where a tax treaty lowers the rate, we give you our tax residence certificate so you can apply it. Taxes the law places on you as the buyer, such as tax on imported services, are yours and are not deducted from our fee.

6.6 Late payment: if an amount is still unpaid 7 days after we bill it, for example because a card payment failed, your storefront stops taking orders until it is paid; your data is kept. We may charge the late-payment interest and fixed recovery costs the applicable law allows (in the EU, Directive 2011/7/EU).

6.7 Price changes: we may change your price only for a change in taxes or in the costs of the providers we rely on, or a change in our price list that applies to every venue in your country, with at least 60 days' notice in your admin and by email. The notice gives the old and new price, the reason and the date. A change never applies to a period you have already paid for. If you don't accept it, you may end the service before it applies, at no cost, and we refund any unused prepaid fees.

7. Cancelling and ending

7.1 You may cancel at any time in your admin. The month in progress has already been paid; nothing more is charged, and your storefront closes at the end of that month. If you cancel during the demo, it closes when the demo ends and nothing is charged. If you cancel a yearly plan, the service continues until the end of the paid year; the rest of that year is not refunded, because the yearly price already includes two free months.

7.2 We may end the service: with 60 days' notice for any reason, in which case we refund any amount paid for the period after the end, in proportion; or with immediate effect, by notice, if you seriously breach these terms and, where the breach can be fixed, have not fixed it within 14 days of our notice; or if continuing would break the law, or you are bankrupt or insolvent, where the law lets us end the contract for that.

7.3 You may end the service with immediate effect if we seriously breach these terms and, where the breach can be fixed, have not fixed it within 14 days of your notice. We then refund any amount paid for the period after the end.

7.4 After the end your storefront stops taking orders. For 30 days you can still log in and export your data (section 9.4); on day 30 we delete orders and diner data, menu, opening hours, photos, staff and owner accounts, and the contact details and payment-provider keys in your settings. We keep only what the law requires: your business identity (name, legal name, VAT number, billing address and email) with our invoices to you (up to 10 years) and the record of your acceptance of these terms (up to 5 years, as evidence). Database backups expire on our provider's restore schedule.

8. Your content and our software

8.1 Your menus, photos, names, logos and other content stay yours. You allow us to host, copy, adapt (for example translate or resize) and show them, only to provide and support the service, for as long as we provide it.

8.2 You may let us show your venue's name and storefront as a reference on our site, and withdraw this at any time by email.

8.3 The software, design and our brand stay ours or our licensors'. You get a non-exclusive, non-transferable right to use the service for your venues while these terms run. You don't copy, resell, reverse-engineer (except where the law allows it) or try to break the service.

8.4 Feedback is welcome; we may use it without owing you anything.

9. Personal data, confidentiality and switching

9.1 Your guests' data: you are the controller and we are your processor, under the data processing agreement (/legal/dpa), which applies worldwide with its country annexes.

9.2 Your own and your staff's data: for account, billing, support and our own marketing we are the controller, as described in our privacy policy (/legal/privacy).

9.3 Each of us keeps the other's non-public business information confidential, during these terms and for 3 years after, except information that is public, already known, independently developed, or that the law requires to be disclosed.

9.4 Export and switching: at any time, and for 30 days after the end, you can download your settings, menu, opening hours and order history with their lines in a structured, machine-readable format (JSON) from your admin (Legal & privacy). The export contains readable values for the personal data we still hold; it leaves out credentials (passwords, PINs, payment-provider keys and account ids) and data that has already been deleted under the retention periods. If you move to another provider or your own systems, you may ask to switch with no more than 2 months' notice; we help you during a transition period of up to 30 days, which we extend where the law gives you that right, and we charge no switching or export fees. Where the EU Data Act (Regulation (EU) 2023/2854, Chapter VI) gives you further switching rights, they apply in addition; we offer the above everywhere.

10. Acceptable use and illegal content

10.1 You use the service lawfully. In particular you don't sell anything that is illegal where you sell it, or that you're not licensed to sell (including age-restricted products without the checks the law requires); you don't publish content that is false or misleading, infringes someone else's rights, or is hateful or illegal; you don't send guests marketing messages without the consent the law requires; and you don't attack, overload or probe the service, or try to access other venues' data.

10.2 Anyone can tell us about content on a storefront they think is illegal at support@ospitera.com (see /legal/report for what to include). We look at each report diligently and objectively, and let the reporter know what we decided.

10.3 If we restrict or remove your content or storefront because of a report or our own check, we tell you what we did and why, the facts and the rule it relates to, and how to challenge it. You may ask us to look again, at the same address.

10.4 Contact point: authorities, users and the European Commission can reach us at support@ospitera.com, in English, Dutch or French. This is our point of contact under the EU Digital Services Act (articles 11 and 12).

11. Availability and support

11.1 We work to keep the service available at all times, with backups and monitoring, but cannot promise it will never be interrupted. We announce planned maintenance in the admin in advance where we can, and schedule it outside usual meal times in your time zone where possible.

11.2 Support is by email and in the admin, on business days, in English, Dutch or French. For an outage we answer as fast as we can, also outside business days.

11.3 If the service is unavailable for more than 24 hours in a row, or more than 3 days in total in a month, for reasons within our control, you get a credit of one-thirtieth of that month's price for each day affected, on request, as a credit note set off against your next invoice (or refunded if the service ends).

11.4 The credits in 11.3 come in addition to your other remedies, not instead of them: they do not restrict section 7.3, our liability under section 13, the data processing agreement, or rights the law does not let us exclude. A credit paid for a loss is deducted from any further compensation for the same loss. Apart from what these terms say, we give no other guarantee about the service, express or implied, as far as the law allows.

12. Suspension

We may suspend all or part of the service only for non-payment as in section 6.6, if needed to stop a serious security threat or unlawful use, or if a court or authority orders us to. We tell you beforehand where we can, otherwise straight away, with the reason; we keep the suspension as short and as narrow as possible, and lift it as soon as the reason is gone.

13. Liability

13.1 No limit applies to liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or to anything else the law does not allow to be limited.

13.2 Within those limits: neither of us is liable for indirect or consequential loss, or for lost profit, revenue or goodwill, except where caused by a breach of an essential obligation. For ordinary negligence in matters that are not essential obligations, each party's total liability in any 12-month period is limited to the greater of the fees paid or owed for the 12 months before the event and €1,000 (or the equivalent in your currency). For a breach of the data processing agreement or of confidentiality (section 9.3), the limit is the greater of three times those fees and €10,000 (or the equivalent in your currency). Liability for an essential obligation follows 13.3.

13.3 Liability for an ordinarily negligent breach of an essential obligation covers the loss that was typical and foreseeable for this contract when it was agreed. Reasonable costs of restoring data, responding to an incident and notifications the law requires are not excluded just because they follow a data incident. Nothing in this section limits the rights of a data subject or the powers of an authority.

13.4 This section applies to both parties in the same way.

13.5 You are responsible to your guests for what you sell (section 4). You reimburse our reasonable costs of a claim by a guest or an authority only as far as it is caused by your breach of these terms or by your negligent or unlawful conduct concerning your products or dealings with guests. We tell you promptly, let you take part in the defence, take reasonable steps to limit the loss and don't agree a settlement that binds you without your consent. Nothing is due as far as the claim is caused by us; fines are reimbursed only where the law allows.

13.6 If someone claims that using the service as allowed infringes their intellectual property, we defend the claim and cover the damages and costs awarded, and may change the service so that it no longer infringes. If neither is reasonably possible, we may end the affected part and refund what you prepaid for it.

13.7 In the same way, if someone claims that content you put on the service (menus, photos, logos, names, texts) infringes their rights, you defend the claim and cover the damages and costs awarded, to the extent the claim is caused by your breach of these terms or your negligence, and we may remove that content. 13.6 and 13.7 follow the procedure in 13.5; 13.7 is subject to the exclusions and limits in 13.1 to 13.5.

13.8 A claim under these terms must be brought within 2 years of when the party became aware, or should reasonably have become aware, of it, except for claims under 13.1 or where the law sets a period that cannot be shortened.

14. Events outside our control

Neither of us is responsible for a delay or failure caused by events beyond reasonable control (for example a large-scale outage at a provider we rely on, war, epidemic, a government measure, or a strike not limited to the affected party), provided we take reasonable steps to limit the effects and tell the other side. If such an event stops the service for more than 30 days, either of us may end it, with a refund of anything prepaid for the period after the end.

15. Changes to these terms

15.1 Material changes to either party's rights or obligations need your agreement. We may make non-material corrections, and changes strictly needed to comply with the law or a decision of a court or authority, explaining their effect and giving the notice in section 15.2. Adding a new country, an optional function or a provider does not by itself allow us to change the terms for the service you already have.

15.2 We tell you at least 30 days before the change applies, in your admin and by email, showing what changes and why.

15.3 If a change is to your disadvantage and you don't accept it, you may end the service before it applies, at no cost, and we refund anything prepaid for the period after the end. You are asked to accept the new version in your admin.

15.4 Changes required at shorter notice by law or for security apply when the law or the security reason requires, with the same right to end.

16. Sanctions

We don't provide the service in countries or to people under EU, UN, UK or US sanctions that prohibit it; today we don't serve Russia, Belarus, Iran, North Korea, Syria, Cuba or Venezuela, nor the occupied regions of Ukraine. You confirm you are not such a person and tell us at once if that changes.

17. General

17.1 Notices: we send notices to the email of your account owner and in your admin. You send them to support@ospitera.com.

17.2 Language: these terms are written in English, the contract language unless your order summary names another. Where we give you a translation it is for convenience and the English text applies, unless Part 2 or mandatory law says a local version applies. Where the law requires a version in your language before you accept, we provide it first, and we don't offer the service in a country before its required documents are available.

17.3 Assignment and subcontractors: we may use subcontractors (and, for personal data, the listed subprocessors) and remain responsible for them. Either party may transfer these terms only with the other's consent, except as part of a merger or the sale of the business concerned, with notice; you may then end the service if you object for a valid reason.

17.4 Neither party alone decides what a term of these terms means.

17.5 These terms and the documents they expressly include are the whole agreement about the service. If a term is invalid where you are, the rest stays in force as far as the law allows, and the gap is filled by the applicable law. This does not exclude liability for fraud or override a commitment expressly agreed.

17.6 Law and courts: these terms are governed by Belgian law, without its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. The courts of Brussels have exclusive jurisdiction, unless the law of your country gives its own courts jurisdiction that cannot be set aside by contract. Nothing in this section takes away protection that the law of your country gives you and that cannot be set aside by contract; Part 2 lists those we know of.

Part 2. Country terms

These apply in addition to Part 1, for a venue whose business is established in the country or region named. Where one conflicts with Part 1, it wins for that venue.

Brazil

Personal data follows the LGPD; transfers of guests' data out of Brazil follow the Brazil annex of the data processing agreement (the ANPD's adequacy decision for the EU, and the ANPD standard contractual clauses where another destination needs them). Your storefront shows your business name, CNPJ and address (Decree 7,962/2013). Taxes withheld on our fee are handled as in 6.5. The contract language is English (17.2).