Terms of Service

Parties

These Terms of Service form a binding agreement between Kotao GmbH, Cologne, Germany (“Kotao”) and the customer entering into the agreement (the “Customer”).

Service Description

Kotao operates an all-in-one operations platform for hospitality, retail, and services businesses. The platform includes the POS, PMS, CRM, ERP, RMS, HRM, CMS, BTP, and integrated payments modules. Specific feature availability may evolve over time as the platform develops.

Account Responsibilities

The Customer must provide accurate registration information, secure account credentials, and only authorize use by employees and contractors permitted to act on the Customer’s behalf. The Customer is responsible for activity occurring under its account.

Fees and Payment

Subscription fees and card-acceptance rates are agreed individually per launch operator during invitation-only early access and are disclosed in writing in the Order Form. Public pricing tiers will be published prior to the public switch-over. Pricing agreed in an early-access Order Form will not be retroactively changed by the publication of public tiers. Late payments accrue interest in line with §286 BGB.

Intellectual Property

Kotao retains all rights, title, and interest in the platform and its underlying technology. The Customer retains all rights, title, and interest in the data and content uploaded to the platform. The Customer grants Kotao the licenses necessary to operate the service on its behalf.

Term and Termination

Monthly subscriptions are cancellable to the end of the then-current billing period. Either party may terminate for material breach if the breach remains uncured 30 days after written notice.

Liability

Kotao’s aggregate liability under this agreement is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the claim. Kotao excludes liability for indirect, consequential, and lost-profit damages. Statutory liability under §309 BGB and for intent or gross negligence remains unaffected.

Governing Law

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Cologne.

Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions remain in full force. These terms, together with the Data Processing Agreement and Acceptable Use Policy, constitute the entire agreement between the parties.