Terms and Conditions

These Terms and Conditions ("Terms") govern the subscription to and use of the hosted Kavea software service ("Kavea" or the "Service") provided by Kavea, Lindenstrasse 38, 6015 Luzern, Switzerland ("Kavea", "we", "us" or "our"). Kavea is operated as a simple partnership (einfache Gesellschaft) under Swiss law. The authorised representatives are Maralgua Sharav & Dawid Kapka.

The contracting party is the business customer that subscribes to Kavea ("Customer", "you" or "your"). These Terms apply only to business customers (B2B). If you use Kavea on behalf of an organisation, you represent that you are authorised to bind that organisation.

By placing an order, completing a subscription, or accessing the Service after being invited to a workspace, you accept these Terms. Deviating terms of the Customer apply only if we expressly agree to them in writing.

"Workspace" means a logically isolated tenant environment in Kavea, typically reachable on a dedicated subdomain, in which the Customer’s operational data is stored and processed.

"User" means a natural person authorised by the Customer to access a Workspace (for example owners, managers or staff).

"Customer Data" means all data that the Customer or its Users enter into, upload to, or generate within a Workspace, including inventory, recipes, sales activity, shifts and settings.

"Documentation" means the product descriptions, help materials and technical documentation we make available for Kavea.

Kavea is a hosted software-as-a-service platform for hospitality operations. Modules may include inventory and stock management, recipes and food costing, waste tracking, shift scheduling, analytics, purchasing recommendations, point-of-sale integrations and related features, as described on our website and in the Documentation from time to time.

We operate the application and the underlying platform infrastructure. We grant the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for the Customer’s own internal business purposes during the subscription term.

The Customer may not resell, rent, sublicense or otherwise make Kavea available to third parties as a service, or reverse-engineer the Service except to the extent such restriction is prohibited by mandatory law.

Kavea is offered in plans that differ primarily by the number of venues covered. Unless we agree otherwise in writing, every active plan includes the modules available at the relevant time, including modules marked as beta, without additional module fees.

Kavea One covers one venue (CHF 89 per month or CHF 900 per year). Kavea Plus covers up to three venues (CHF 178 per month or CHF 1800 per year). Kavea Multi is for four or more venues and is billed per venue (CHF 79 per month per venue or CHF 800 per year per venue). Prices are stated exclusive of applicable value-added tax (VAT) and other statutory levies.

Every subscription includes an unlimited number of User accounts for the Customer’s own business within the contracted venue limit. Venue counts and plan eligibility are determined as described on our pricing page or in the order confirmation.

Invoices are issued in advance for the selected billing period and are payable within 30 days of the invoice date unless a different payment term is stated on the invoice. Late payments may accrue default interest at the statutory rate under Swiss law.

We may adjust prices with at least 60 days’ notice before the start of a new billing period. If you do not accept the new prices, you may cancel the subscription with effect before the new prices apply.

A subscription contract is formed when we confirm your order in writing (including email) or when we activate a Workspace for you after an agreed onboarding process.

Information on the website (including prices and feature descriptions) is an invitation to treat and does not constitute a binding offer. We may refuse or condition an order, for example for credit, compliance or capacity reasons.

The Customer is responsible for: (a) the accuracy of information provided to us; (b) configuring the Workspace appropriately; (c) selecting and managing Users and their permissions; (d) safeguarding login credentials; and (e) using the Service in compliance with applicable law (including food-safety, employment and data-protection obligations that apply to the Customer’s business).

The Customer must not use the Service to store or transmit unlawful content, to interfere with the integrity or performance of the platform, to circumvent access controls, or to conduct security testing without our prior written consent.

Figures generated by Kavea (including food cost, forecasts, expiry indicators and analytics) are decision-support aids only. The Customer remains solely responsible for operational and commercial decisions.

We aim to keep the Service available on a continuous basis but do not guarantee uninterrupted or error-free operation. Planned maintenance will be scheduled reasonably; emergency maintenance may occur without prior notice.

We may update, improve or modify the Service, including by adding or retiring features, provided the overall character of the subscribed Service is not unreasonably diminished.

Unless otherwise agreed, support is provided by email on Swiss business days via the contact address published on our website. Response times are best-effort unless a separate service level agreement applies.

Modules or functions marked as beta, preview or experimental (currently including Purchasing, Shifts and POS integration, as indicated in the product) are provided "as is" for evaluation and productive use at the Customer’s own discretion.

Beta features may change, be restricted, interrupted or withdrawn. Availability of announced or "coming soon" modules is not guaranteed until we designate them as generally available.

We and our licensors retain all rights, title and interest in the Service, Documentation, branding, software and related intellectual property. No rights are granted except as expressly set out in these Terms.

Customer Data remains the property of the Customer (or the respective rights holder). The Customer grants us a limited licence to host, process and display Customer Data solely to provide, secure and improve the Service and as otherwise permitted under these Terms and our Privacy Policy.

Customer Data is hosted on shared infrastructure with logical isolation between Workspaces. We access Customer Data only as needed to operate, secure and support the Service, or when the Customer grants access for support purposes.

Each party shall keep confidential the other party’s non-public business information obtained in connection with the contract, except where disclosure is required by law or to professional advisers under confidentiality obligations.

The Customer may export Customer Data using the functions we provide, including after the end of the subscription, for a reasonable period while the Workspace remains recoverable. After deletion or expiry of retention, recovery may no longer be possible.

Personal data is processed as described in our Privacy Policy. Where we process personal data on behalf of the Customer as a processor (for example staff account data within a Workspace), the parties will enter into any additional data-processing terms required by applicable law upon request.

The Customer is responsible for providing any notices and obtaining any consents required from its Users and other data subjects under applicable data-protection law.

We warrant that the Service will substantially conform to the Documentation when used as intended. We do not warrant that the Service will meet every particular requirement of the Customer or that every defect will be corrected immediately.

Except as expressly set out in these Terms, and to the extent permitted by mandatory Swiss law, all other warranties — whether express or implied — are excluded.

We are liable without limitation for damage caused by intent or gross negligence, and for injury to life, body or health, in accordance with mandatory Swiss law.

For slight (ordinary) negligence, and to the extent permitted by law, our aggregate liability arising out of or in connection with the contract in any contract year is limited to the net subscription fees paid by the Customer for that contract year.

To the extent permitted by law, we are not liable for indirect or consequential damage, lost profit, loss of data (except where caused by intent or gross negligence), business interruption, or claims of third parties against the Customer arising from the Customer’s use of decision-support outputs.

Mandatory liability under the Swiss Product Liability Act remains unaffected where applicable.

The Customer shall indemnify and hold us harmless against third-party claims arising from Customer Data, the Customer’s use of the Service in breach of these Terms, or the Customer’s violation of applicable law, except to the extent the claim is caused by our intent or gross negligence.

Monthly subscriptions renew automatically at the end of each billing month unless cancelled with effect from the end of the then-current month. Yearly subscriptions renew automatically at the end of each paid year unless cancelled with effect from the end of that year. Fees already paid for a current period are not refunded except where mandatory law requires otherwise.

Either party may terminate for cause with immediate effect if the other party materially breaches these Terms and fails to cure the breach within a reasonable period after written notice, or if insolvency proceedings are opened against the other party.

We may suspend access if invoices remain unpaid after a reminder, or if continued use poses a security or legal risk. Suspension does not relieve the Customer of payment obligations for the contracted period.

Upon termination we will disable access to the Workspace. We may delete Customer Data after a reasonable retention window following termination, subject to our Privacy Policy and any statutory retention duties.

We may amend these Terms for valid reasons (for example legal, technical or commercial developments). We will notify the Customer of material changes in an appropriate form (for example by email or in-product notice) with reasonable advance notice.

If the Customer does not object within 30 days of notification and continues to use the Service, the amended Terms are deemed accepted. In the notice we will inform the Customer of the effect of silence. If the Customer objects, either party may terminate the subscription with effect before the amendments apply.

These Terms and the contract are governed by substantive Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is Lucerne, Switzerland, subject to mandatory places of jurisdiction.

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid provision that most closely reflects the commercial intent.

These Terms, together with the order confirmation and any expressly referenced documents (including the Privacy Policy), constitute the entire agreement regarding the Service and supersede prior negotiations on the same subject matter. Translations of these Terms may be provided for convenience; if a translation conflicts with the English version, the English version prevails.