Terms of Service

The agreement

This agreement consists of these Terms of Service, the Privacy Policy, any order form or subscription plan you have signed, any data processing agreement executed between us, and any written amendment we both agree to. Where a signed order form conflicts with these terms, the order form prevails for that subscription.

The parties are: ASERIA SA, Rue du Pre-de-la-fontaine 13, 1242 Satigny, Switzerland (referred to as "ASERIA", "we", "us", or "our"), and the business that subscribes to the platform (referred to as "you", "your", or the "Customer").

Definitions

• Platform — the ASERIA restaurant management system and all its modules, interfaces, applications, and APIs.
• Customer Data — all data you or your users submit to, or generate within, the Platform: menus, orders, payments, staff records, guest records, reports, and configuration.
• User — an individual authorised by you to access the Platform under your account, including owners, managers, kitchen staff, and cashiers.
• Device — a POS terminal, kitchen display, e-kiosk tablet, queue screen, printer, or cash register connected to the Platform.
• Location — a distinct restaurant site configured within your account, with its own scoped data.
• Subscription Term — the period for which you have paid to access the Platform.
• Documentation — the operational guides, API documentation, and help material we publish for the Platform.

The service

Subject to your compliance with these terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the Subscription Term, for your internal restaurant operations.

The Platform provides, depending on your plan: order management across dine-in, takeaway, and delivery; POS and cash register handling; kitchen display and prep tracking; self-service e-kiosk ordering; queue management; menu, modifier, and ingredient configuration; multi-location administration; user roles and permissions; sales, tax, and Z-reports; scheduled email reporting; stock alerts; automated backups; and issue tracking integration.

We may add, modify, or retire individual features. Where a change materially reduces core functionality you rely on, we will give at least 30 days' notice — see Section 23.

Eligibility and registration

• The Platform is offered to businesses, not to consumers. You must be a legal entity or a sole trader acting in a commercial capacity.
• The individual who registers must be at least 18 years old and authorised to bind the Customer.
• Registration information must be accurate, current, and complete, and you must keep it up to date.
• We may refuse, suspend, or terminate an account where the registration information is false, where the account is used unlawfully, or where a sanctions or export-control restriction applies.

Accounts, roles, and credentials

You are responsible for everything that happens under your account. That responsibility is concrete:

1. Keep credentials confidential. Do not share logins between staff members — create a User for each person so that audit trails remain meaningful.
2. Assign each User a role whose permission set matches their job. Do not grant owner-level access as a convenience.
3. Deactivate Users promptly when they leave your business or change role.
4. Notify us at security@aseria.ch without undue delay if you suspect unauthorised access.
5. Do not attempt to bypass, disable, or escalate beyond the permissions assigned to a role.

We are not liable for loss arising from your failure to secure credentials or from access granted to a User you authorised.

Devices and device tokens

POS terminals, kitchen displays, kiosks, and queue screens authenticate to the Platform with device tokens issued to a specific Location and station.

• Device tokens are confidential credentials. Treat them as you would a password.
• Physically secure any Device that stores a token, particularly kiosks and queue screens accessible to the public.
• Revoke a Device from the admin dashboard immediately if it is lost, stolen, sold, or decommissioned.
• You are responsible for the hardware itself, its operating system, its network connection, and its physical safety.
• We may revoke a Device token where it is used in a way that threatens the security or stability of the Platform.

Acceptable use

You agree not to, and not to permit any User or third party to:

• Use the Platform in breach of any applicable law, including tax, consumer protection, employment, and data protection law.
• Falsify, manipulate, or delete transaction records, Z-reports, or cash session data in order to misstate revenue or evade tax.
• Reverse engineer, decompile, or disassemble the Platform, or attempt to derive its source code, except to the extent this restriction is prohibited by law.
• Resell, sublicense, rent, or provide the Platform as a service to a third party without our written agreement.
• Circumvent authentication, permission checks, location scoping, rate limits, or Device authorisation.
• Probe, scan, or test the vulnerability of the Platform other than through our responsible disclosure channel.
• Introduce malware, or interfere with the integrity or performance of the Platform or the data it holds.
• Use automated means to extract data at a volume or rate that degrades service for others.
• Upload content that is unlawful, infringing, defamatory, or that you have no right to process.
• Enter special category personal data — health, biometric, religious, or trade union data — into free-text fields or customer records.

Breach of this section may result in immediate suspension under Section 18.

Your data and responsibilities

Customer Data belongs to you. We claim no ownership over it. You grant us a limited licence to host, process, transmit, back up, and display Customer Data solely to provide the Platform, to support you, and to meet our legal obligations.

You represent and warrant that:

• You have all rights, consents, and lawful bases needed for the Customer Data you submit, including any personal data of your staff and guests.
• Your menu, pricing, allergen, and tax configuration is accurate. The Platform calculates from the values you enter; it does not verify them against any external source.
• Your tax rates, receipt content, and Z-report handling comply with the requirements of every jurisdiction in which you operate.
• You maintain your own records where the law obliges you to hold them independently of any software vendor.

Fees, billing, and taxes

• Fees are those set out in your order form or subscription plan, and are payable in the stated currency.
• Billing cycle. Subscriptions are billed in advance for each period, monthly or annually, unless agreed otherwise in writing.
• Renewal. Subscriptions renew automatically for successive periods of the same length unless either party gives written notice of non-renewal at least 30 days before the current period ends.
• Price changes. We may change fees with at least 60 days' written notice, effective from the start of the next renewal period.
• Taxes. Fees are exclusive of VAT and any other applicable tax, duty, or levy, which you are responsible for paying.
• Late payment. Overdue invoices accrue interest at 5% per annum above the applicable Swiss statutory rate, from the due date until payment.
• Suspension for non-payment. We may suspend access to the Platform if an invoice remains unpaid 30 days after its due date, after giving you at least 14 days' written notice.
• No refunds. Fees are non-refundable except where these terms expressly provide otherwise, or where required by law.

Trials and pilots

Where we make the Platform available on a trial, pilot, beta, or evaluation basis, it is provided free of charge and as-is, without any warranty, service level, or support commitment. We may modify or discontinue a trial at any time.

Data entered during a trial may be deleted when the trial ends unless the trial converts to a paid subscription. Export anything you need to keep before the trial period expires.

Availability and maintenance

We target 99.9% monthly uptime for the production Platform, measured as the percentage of minutes in the calendar month during which the core service is reachable and able to process requests.

Excluded from the uptime calculation

• Scheduled maintenance announced at least 48 hours in advance, performed outside peak service hours where practicable.
• Emergency maintenance required to address a security vulnerability or imminent failure.
• Outages caused by your network, hardware, printers, power supply, or internet service provider.
• Outages caused by third-party services you connect, including payment processors and issue trackers.
• Suspension carried out in accordance with these terms.
• Force majeure events under Section 22.

Where we fail to meet the uptime target in a given month and you notify us within 30 days, your sole and exclusive remedy is a service credit against the next invoice, calculated pro rata against the affected period. Service credits do not exceed the fees paid for the affected month.

Support

Support is provided by email at support@aseria.ch and by phone during business hours in the Central European timezone. Response targets depend on your plan and on the severity of the issue reported.

• Critical — the Platform is unavailable, or orders cannot be taken or paid at any Location.
• High — a core module is unusable, or a workaround exists but service is materially degraded.
• Normal — a defect affecting a non-critical feature, or a configuration question.
• Low — cosmetic issues, documentation queries, and feature requests.

Support covers the Platform itself. It does not cover your hardware, your network, your third-party integrations, staff training beyond onboarding, or bespoke development, unless separately agreed.

Backups and restoration

We run automated daily backups of the production database and server state, with a configurable retention window and restore capability accessible from the admin dashboard.

• Backups exist for disaster recovery. They are not a substitute for your own record-keeping obligations.
• Restoring a backup returns the Platform to the state captured at the time of that backup. Data created after that point may be lost. Restores are performed with your explicit instruction.
• We do not guarantee that any individual record can be recovered from a backup, nor that a restore can be targeted at a single row, order, or Location.
• Export critical reports before making structural changes to menus, tax configuration, or Locations.

Third-party services and hardware

The Platform interoperates with hardware and services we do not control: receipt and kitchen printers, cash drawers, payment terminals and processors, Android devices, email delivery infrastructure, and issue-tracking repositories such as GitHub.

• Your use of a third-party service is governed by that provider's own terms and privacy policy.
• We are not responsible for the availability, accuracy, security, or conduct of any third-party service or hardware.
• Card payment data is handled by your payment provider, not by ASERIA. Compliance with card scheme rules and PCI DSS in your environment is your responsibility.
• Where you enable GitHub issue logging, technical error context is written to the repository you configure. You control that repository's visibility and access.
• A third-party service may change or withdraw its interface. We will make reasonable efforts to maintain an integration but cannot guarantee its continuity.

Intellectual property

The Platform, its source code, design, interfaces, Documentation, trademarks, and all improvements to them are and remain the exclusive property of ASERIA and its licensors. Nothing in these terms transfers any ownership to you beyond the limited right of use granted in Section 3.

You must not remove, obscure, or alter any proprietary notice within the Platform, and you must not use the ASERIA name or logo without written permission except to identify ASERIA as your platform provider.

If you send us feedback, feature requests, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate them into the Platform without obligation or attribution.

Confidentiality

Each party may receive information from the other that is marked confidential, or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. The receiving party will use that information only to perform this agreement, protect it with at least reasonable care, and not disclose it except to personnel and advisers who need it and are bound by equivalent obligations.

These duties do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed without use of the confidential information, or must be disclosed under a valid legal order — in which case the receiving party will give prompt notice where lawful.

Confidentiality obligations survive termination for five years, and indefinitely for trade secrets and personal data.

Data protection

Our handling of personal data is described in the Privacy Policy, which forms part of this agreement.

Where we process personal data on your behalf — orders, guest records, staff activity — you act as controller and we act as processor. We process such data only on your documented instructions, keep it confidential, apply appropriate technical and organisational measures, engage sub-processors under equivalent obligations, assist you with data subject requests and breach notifications, and delete or return the data at the end of the Subscription Term subject to statutory retention duties.

If you process personal data of individuals in the EEA or Switzerland, request a data processing agreement from privacy@aseria.ch. Where executed, it prevails over this section in the event of conflict.

Term, suspension, termination

Term

This agreement begins when you first access the Platform and continues for the Subscription Term, renewing as described in Section 9 until terminated.

Suspension

We may suspend your access, in whole or in part, with notice where practicable, if: an invoice is materially overdue; your use threatens the security, integrity, or performance of the Platform; you breach Section 7; or suspension is required by law. We will restore access promptly once the cause is resolved.

Termination

• For convenience. Either party may decline to renew by giving written notice at least 30 days before the end of the current period.
• For cause. Either party may terminate immediately if the other commits a material breach and fails to cure it within 30 days of written notice, or becomes insolvent, enters liquidation, or ceases to trade.
• Effect. On termination your right to access the Platform ends, and any fees accrued up to that date become immediately due.

Data on termination

You may export your Customer Data using the Platform's export tools at any time before termination takes effect. For 30 days afterwards, we will on written request provide a reasonable export of your operational data. After that period, Customer Data is deleted from active systems within 90 days and ages out of backups according to the retention window, except where a statutory retention obligation requires us to keep it.

Warranties and disclaimers

We warrant that we will provide the Platform with reasonable skill and care, in accordance with the Documentation, and in compliance with applicable law.

Except as expressly stated in these terms, and to the maximum extent permitted by law, the Platform is provided as-is and as-available. We disclaim all other warranties, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

We do not warrant that the Platform will meet every requirement of your business, that defects will be corrected within any particular timeframe, or that reports generated by it will satisfy the specific requirements of any tax or regulatory authority without your own review.

Limitation of liability

To the maximum extent permitted by law:

1. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, nor for loss of profit, revenue, goodwill, anticipated savings, or business opportunity, however caused, even if advised of the possibility.
2. Our total aggregate liability arising out of or in connection with this agreement, in any twelve-month period, will not exceed the total fees you paid to us for the Platform in the twelve months preceding the event giving rise to the claim.
3. These limits apply to all claims taken together, whether in contract, tort, negligence, statutory duty, or otherwise.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded under Swiss law.

You acknowledge that the fees reflect this allocation of risk, and that we would not provide the Platform at those fees without it.

Indemnification

You will defend and indemnify ASERIA against any third-party claim, and any resulting damages, losses, and reasonable legal costs, arising from: your Customer Data; your breach of Section 7; your breach of data protection law in respect of data you control; or your use of the Platform in a manner not permitted by this agreement.

We will defend and indemnify you against any third-party claim that the Platform, used in accordance with this agreement, infringes that party's intellectual property rights, and we will pay the damages and costs finally awarded. This does not apply where the claim arises from Customer Data, from a modification not made by us, or from use of the Platform in combination with anything we did not supply.

Indemnification is conditional on the indemnified party giving prompt written notice, granting sole control of the defence, and providing reasonable cooperation.

Force majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, strike, embargo, government action, failure of public telecommunications or power networks, or a widespread internet or cloud infrastructure outage.

The affected party will notify the other promptly and use reasonable efforts to resume performance. If the event continues for more than 60 consecutive days, either party may terminate this agreement on written notice without liability. Payment obligations already accrued are not excused.

Changes to the service and terms

The Platform evolves. We add modules, improve interfaces, and retire features that no longer serve their purpose. We will not make a change that materially degrades core functionality during a paid Subscription Term without at least 30 days' notice, and where such a change materially and adversely affects you, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees for the unused period.

We may update these terms to reflect changes in the Platform, in our business, or in the law. Material changes will be notified to account administrators by email or in-product notice at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept, your remedy is to terminate before the change takes effect.

General provisions

• Entire agreement. These terms, together with the Privacy Policy, any order form, and any data processing agreement, constitute the entire agreement between the parties and supersede all prior understandings on the same subject.
• Assignment. You may not assign this agreement without our written consent. We may assign it to an affiliate, or in connection with a merger, acquisition, or sale of substantially all assets, on notice to you.
• Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in full force.
• No waiver. A failure or delay in enforcing a right is not a waiver of that right or of any other right.
• No partnership. Nothing creates a partnership, joint venture, agency, or employment relationship between the parties.
• No third-party rights. No person who is not a party to this agreement has any right to enforce it.
• Notices. Notices to ASERIA go to hello@aseria.ch and to the Swiss registered address. Notices to you go to the email address on your account and are deemed received on the next business day.
• Survival. Sections 8, 15, 16, 17, 19, 20, 21, 24, and 25 survive termination.
• Language. The English version of these terms governs. Any translation is provided for convenience only.

Governing law and disputes

This agreement is governed by the substantive law of Switzerland, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The parties will attempt in good faith to resolve any dispute through direct negotiation between senior representatives within 30 days of written notice of the dispute. Where negotiation fails, the courts of Geneva, Switzerland have exclusive jurisdiction, subject to any mandatory statutory forum.

Nothing in this section prevents either party from seeking urgent injunctive or interim relief from any court of competent jurisdiction to protect its intellectual property or confidential information.

How to contact us

Questions about these terms, your subscription, or your account: