Vitrina Express Terms

Provider: Complete solution s. r. o., Ulica Jozefa Adamca 9983/24, 917 01 Trnava, Slovak Republic, company ID (IČO) 56693371, e-mail contact@complete-solution.eu. Customer: the person or business that operates the venue named in the order.

The Customer buys for its venue, in the course of its business and not for personal needs, and concludes these Terms as an entrepreneur, not as a consumer. The person who accepts them confirms that they are entitled to act on behalf of the Customer.

How the contract is concluded: the Customer fills in the launch wizard, checks the summary and may correct any answer with the edit buttons before sending, and ticks the acceptance box. Then one of two ways follows. With payment: the Customer pays on the payment page of Stripe what the summary names (a paid setup fee or the one-off Launch with us service and, where the tariff has a subscription, the first month), and the contract is concluded when the payment is completed. Without payment, on the tariff without a subscription only: the Customer clicks “Send for approval”, which is its offer to conclude the contract on these Terms. Provider reviews the request, as a rule within one working day; the contract is concluded when Provider has approved the request, and the Customer is told so by e-mail. Provider may reject the request, giving the reason by e-mail, and is not liable to anyone for a rejection. If the payment is not completed or the request is rejected, no contract arises and nothing is charged.

The contract is concluded in English or Ukrainian, in the language version shown at acceptance. Provider sends the accepted text as a PDF to the Customer by e-mail right after the payment or the approval of the request, keeps it and sends it again on request; the current version is published on vitrina.cafe.

Subject: Provider sets up and operates for the Customer an ordering website and an admin panel under the Customer’s brand on the Vitrina platform, with the modules of the chosen tariff, as a separate instance with its own database on infrastructure run by Provider. Apps in the app stores (Section 3), fiscal services, card acquiring and hardware are not part of the launch under these Terms and need separate agreements. The shared Vitrina app is covered by Section 10.

Provider usually launches the website within one to two days after payment or the approval of the request. Where Provider transfers the menu (in a paid setup or in the Launch with us service), the date depends on the Customer checking the transferred menu. On the Express tariff without the Launch with us service, the Customer enters the menu, the logo and the opening hours itself in the admin panel, and the website runs on Provider’s address: Provider connects the Customer’s own domain as part of the Launch with us service. Online payment is switched on when the Customer turns it on in the admin panel: with the keys of its own card acquirer (“Save and turn on”) or, where the admin panel offers “Stripe via Vitrina”, after it opens its own Stripe account with the “Connect Stripe” button, completes the Stripe form and, once Stripe has opened payments on the account, clicks “Turn on” (Section 2). Until then the website takes orders with payment on receipt.

If Provider has not launched the website within 30 days after payment or the approval of the request for reasons on its side, the Customer may withdraw from the contract, and Provider refunds what was paid for the setup or for Launch with us within 14 days. If the launch is delayed because the Customer has not checked the menu or connected online payment, that period is extended by the delay.

The tariff, its modules and prices are those shown for the Customer’s market at https://vitrina.cafe/de#pricing on the day of acceptance and in the order summary: the setup fee and, where the tariff has them, the monthly subscription and the fee on online orders, and the one-off Launch with us service where the Customer has chosen it.

A paid setup fee or the one-off Launch with us service and, where the tariff has a subscription, the first month are paid in advance on the payment page of Stripe. Each further month of the subscription is invoiced in advance. The fee on online orders is paid in one of the two ways set out below: it is withheld from the payments through Stripe, or it is invoiced monthly.

What the fee is charged on. The fee on online orders is charged only on orders that a guest places on the venue’s website, in the app, in the Telegram bot or in the assistant chat and pays online through the Customer’s card acquirer (which may be “Stripe via Vitrina”): by card when ordering, or by a payment link or QR code, including one shown by the courier. No fee is charged on orders paid in cash, by terminal or in any other way on the spot, or on sales at the till. If an order is paid online only in part, the fee applies to that part only.

Fee withheld through Stripe. Where the Customer accepts online payments through “Stripe via Vitrina”, that is, on its own Stripe account opened with the “Connect Stripe” button in the admin panel under the Customer’s own agreement with Stripe, the Customer authorises Provider to withhold the fee from each such payment when the guest pays. The payment goes to the Customer’s Stripe account, and Stripe transfers the fee from it to Provider (an application fee). The fee is calculated on each payment separately: on a payment for an order, without the tips and the fee for disposable packaging in it; on a further payment after the order is changed and on a guest’s share of the table bill for such an order, without the tips in it, while the fee for disposable packaging in such a payment is not deducted. The withheld amount is shown with each payment in the Customer’s Stripe account. When Vitrina sends a refund of such a payment to the guest’s card through Stripe, in full or in part (from the admin panel, on cancellation of the order or at the guest’s request), Stripe also returns the withheld fee to the Customer in proportion to the refunded part of the payment. Any other refund, such as one to the guest’s balance with the venue, one marked in the admin panel as made manually or one made in the Stripe account itself, does not return the withheld fee: it stays with Provider. A withheld fee is not charged again and is not payable under the monthly invoice. The Customer may object to a withheld amount by e-mail to contact@complete-solution.eu within 14 days after the end of the month in which it was withheld, otherwise the amount is deemed accepted; Provider returns an amount withheld in excess within 14 days after confirming the objection. Stripe charges its own fees to the Customer under the Customer’s agreement with Stripe. If a guest disputes a payment with their bank (chargeback), Provider does not return the withheld fee: Stripe debits the disputed amount and its dispute fee from the Customer’s account under the Customer’s agreement with Stripe, and the Customer handles the dispute.

Fee by invoice. A fee on online orders that was not withheld through Stripe, including on payments through the Customer’s own acquirer or its own Stripe keys, is invoiced monthly in arrears on the basis of the online turnover recorded by the platform. The turnover does not include tips or the fee for disposable packaging, and refunds of money to guests for such orders, as recorded by the platform, reduce it; a refund to the guest’s balance with the venue does not, and neither does a payment the guest disputes with their bank (chargeback). A report by day is attached to the invoice, and the Customer may object within 14 days of receiving it, otherwise the invoice is deemed accepted.

Tariff without a subscription. The Express tariff has no monthly subscription, no minimum payment and no setup fee: the Customer pays only the fee on online orders under this Section. Where the venue is launched without payment, its first 60 days without online payments work as a trial period under the paragraph “Online payment only” below. If there is no such fee for a month, the Customer pays nothing for that month and no invoice for a zero amount is sent. For a month in which the whole fee was withheld through Stripe, nothing further is payable; Provider may send a statement of the withheld fees or an invoice for them marked as paid. For this tariff, only the one-off Launch with us service is paid on the payment page of Stripe, where the Customer has chosen it. These Terms apply to every tariff paid for on vitrina.cafe, not only to the tariff of the same name.

Launch with us. This is a one-off paid service at the price shown at https://vitrina.cafe/de#pricing on the day of the order: Provider transfers the Customer’s menu from the files or photos provided, sets up the logo, connects the Customer’s domain and holds one online training session for the staff. It can be chosen in the launch wizard and paid on the payment page of Stripe, or ordered later by invoice. The service is delivered when the website is launched with the transferred menu and the session has been held or the Customer has declined it. If Provider has not delivered it for reasons on its side within 30 days after payment, it refunds its price within 14 days.

Online payment only. On the Express tariff guests pay for orders online only, through the Customer’s card acquirer: the tariff has no cash, no payment to the courier and no payment on the spot. If for 60 days in a row guests have not paid online for a single order on the venue’s website, in the app, in the Telegram bot or in the assistant chat, Provider may pause the venue on the platform after notifying the Customer by e-mail at least 7 days in advance. While paused, the website, the app, the Telegram bot, the assistant chat, orders from other systems and the admin panel do not work, the venue is not shown in the shared Vitrina app (Section 10), and the data can be exported with the button in the admin panel before the pause and right after it is lifted. A pause deletes no data and does not end the contract: at the Customer’s request Provider lifts it within one working day, and the 60 days are counted again from the day it is lifted or from the first online payment.

Prices are net amounts. Invoices are payable within 14 days.

If an invoice remains unpaid for 30 days after its due date, Provider may suspend modules after a written reminder giving at least 7 days’ notice. The export of the Customer’s data is never blocked.

Provider may change prices with at least 30 days’ notice by e-mail; the Customer may terminate free of charge before the change takes effect.

The launch under these Terms publishes no app in the App Store or Google Play, on any tariff: Provider launches the ordering website and the admin panel. Where the tariff names an app under the Customer’s brand, that is the price of a separate order under this section, not a part of the launch.

Shared app. When the shared Vitrina app is published in the App Store and Google Play, Provider adds the Customer’s venue to it free of charge, on any tariff: guests choose the venue in that app and order from the Customer’s own instance. At the date of this version the shared app is not yet published, and Provider promises no publication date. Provider is the seller of that app in the stores. For this purpose the Customer allows Provider to show the venue’s name, logo, colours and website address in the app. The Customer may write to contact@complete-solution.eu at any time to have the venue removed from the shared app, and the venue leaves it when the contract ends. Guest data stays in the Customer’s instance, and Section 6 applies to it.

App under the Customer’s brand on Provider’s accounts. This is a separate order outside the launch: Provider publishes the app with the Customer’s name and icon on Provider’s own Apple and Google accounts and handles its updates, and Provider is shown as the seller in the stores. The price is the one shown at https://vitrina.cafe/de#pricing on the day of the order: a monthly fee with no publishing fee; on the Full tariff it is included in the subscription. Provider does the publishing, but the decision to accept the app is made by Apple and Google, and Provider does not promise it. If a store refuses the app, the venue stays in the shared app under this section or moves to the Customer’s own accounts. No monthly fee is charged for an app that is not published. When the contract or this order ends, the app is removed from the stores; transferring the app, its store listing or its reviews to the Customer’s accounts is not part of this order.

App under the Customer’s brand in the Customer’s own accounts. This is a separate order outside the launch: the Customer opens the Apple and Google developer accounts in its own name and pays their fees to Apple and Google directly. The prices are those shown at https://vitrina.cafe/de#pricing on the day of the order: a monthly fee and a one-off publishing fee, which pays for the manual work with the accounts, D-U-N-S and store reviews. On the Full tariff the monthly fee is included in the subscription; the one-off publishing fee is payable on every tariff. Review times and the decision to accept the app are up to Apple and Google.

The contract is concluded for an indefinite period, in monthly billing periods.

The Customer may terminate at any time with effect from the end of the paid month by e-mail to contact@complete-solution.eu; for a tariff without a subscription, the termination takes effect at the end of the calendar month in which the notice is received, or on a later day stated in the notice. Switching to another provider and erasure of data follow Section 7.

Payment in advance. If, by agreement with Provider, the Customer paid the subscription 6 or 12 months in advance and leaves earlier, Provider refunds the unused full months at the monthly price the Customer actually paid. From that sum Provider deducts the setup and the migration from another service at the list prices of the day of payment, if they were free because of the payment in advance. A gift month has no cash value and is not refunded. If the deduction exceeds the refund, Provider refunds nothing and the Customer pays nothing more. The money is refunded within 14 days after the contract ends.

Either party may terminate for a material breach that is not remedied within 30 days of written notice.

Provider may terminate the contract without giving reasons by notifying the Customer by e-mail at least 90 days in advance. In that case switching and data export under Section 7 apply, and Provider returns unused full months of an advance payment without deductions within 14 days after the contract ends.

Fees for the period in which the service was provided remain payable.

Availability target: 99.5% of each calendar month for the ordering website and the admin panel, measured by Provider’s monitoring; the Customer may request the monthly report. Planned maintenance of up to 4 hours a month, announced 48 hours in advance and carried out between 02:00 and 05:00 in the venue’s time zone, and urgent security work do not count as unavailability.

Support by e-mail at contact@complete-solution.eu and in the admin panel. Response times on business days (Monday to Friday, 9:00 to 18:00 Central European Time): critical incidents (orders cannot be placed, online payments fail, data is unavailable) within 4 hours, other faults within 1 business day, questions within 2 business days.

Not covered: the Customer’s internet, power and equipment; outages of the payment, fiscal, SMS and delivery providers chosen by the Customer and of the app stores; outages of Provider’s hosting providers beyond their own service levels; the Customer’s settings, expired keys or deleted data; force majeure. With “Stripe via Vitrina”, outages of Stripe itself remain excluded, but Provider’s own platform account with Stripe and its keys, through which this mode works, are Provider’s responsibility.

If availability falls below 99% in two consecutive months, the Customer may terminate with immediate effect.

An encrypted backup of the database is made every night and stored separately from the service.

The Customer sends complaints about the service to contact@complete-solution.eu. Provider answers within 5 business days and, if the complaint is upheld, fixes the error or refunds what was overpaid.

For the personal data of the venue’s guests, staff and couriers that Provider processes when running the service, the Customer is the controller and Provider is the processor under Article 28 of Regulation (EU) 2016/679 (GDPR). This section is the data processing agreement between them, concluded in writing in electronic form, and it supersedes the template published at complete-solution.eu/legal/dpa.

Subject and duration: running the service for the term of the contract and the switching period. Nature and purpose: hosting, storage, order processing, notifications, reports and support requested by the Customer. Data subjects: guests, staff and couriers of the venue. Personal data: names, phone numbers, e-mail addresses, delivery addresses, orders and their history, loyalty data, notes entered by guests, staff accounts and the location of couriers during a delivery.

Provider shall: (a) process personal data only on documented instructions from the Customer, including as regards transfers to third countries, and inform the Customer immediately if an instruction in its opinion infringes data protection law; (b) ensure that persons authorised to process the data are bound by confidentiality; (c) take the technical and organisational measures required by Article 32 GDPR, including a separate database for each customer, encryption in transit, encrypted backups and access control; (d) engage sub-processors only under this general authorisation: the list is published at https://complete-solution.eu/legal/sub-processors, Provider announces each change 30 days in advance, and the Customer may object and, if no solution is found, terminate; (e) assist the Customer with the technical means of the platform in responding to requests of data subjects; (f) assist the Customer in complying with Articles 32 to 36 GDPR and notify a personal data breach without undue delay and at the latest within 24 hours of becoming aware of it, with the information then available; (g) at the end of the service, at the Customer’s choice, return the data under Section 7 and delete it together with existing copies, unless Union or Member State law requires storage; (h) make available all information necessary to demonstrate compliance and allow for and contribute to audits, including inspections, by the Customer or an auditor mandated by it, at most once a year on 30 days’ notice, without that limit after a breach. Each party bears its own audit costs.

Personal data is transferred outside the European Economic Area only to sub-processors on the published list, each with its transfer mechanism (an adequacy decision or the EU standard contractual clauses).

For the data of the Customer’s contact persons, billing data, security logs and anonymised statistics of the platform’s operation, Provider is an independent controller and processes them to perform the contract, protect the service and improve the platform. Anonymised statistics do not allow a guest to be identified.

The Customer ensures the legal bases for the processing, consents where they are required (in particular for mailings and marketing messages) and informs guests through the privacy policy on its website. Provider may decline an instruction that in its reasonable opinion infringes the law and informs the Customer of this.

The Customer may at any time, with notice of up to two months, request (a) switching to the service of another provider, (b) switching to its own infrastructure or (c) erasure of its exportable data (Article 25 of Regulation (EU) 2023/2854, the Data Act).

After the notice period a transitional period of 30 days follows. The contract remains in force during it, and Provider continues the service with due care, assists the Customer and third parties authorised by it, and makes available a complete export of the menu, guests, orders, loyalty data and reports in structured, commonly used and machine-readable formats (CSV and JSON), as files or through the open API. The Customer may extend the transitional period once.

The Customer may retrieve its data for at least 30 days after the end of the transitional period. Afterwards Provider erases the Customer’s data from the production systems and the backups within 30 days and confirms the erasure in writing, keeping only what the law requires.

There are no switching charges: the deduction under Section 4 is the price of work already done, not a charge for switching. The domain name and the payment and store accounts registered in the Customer’s name remain the Customer’s; Provider gives up its administrative access within 10 business days after the end of the contract. Provider removes the Stripe account connected to Vitrina (“Stripe via Vitrina”) from the Vitrina platform on the day the contract ends; after that it works as an ordinary Stripe account of the Customer, and Provider withholds no fee from it. If a fee is nevertheless withheld from a payment made after the end of the contract, Provider returns it to the Customer within 14 days. The venue’s address on a vitrina.cafe subdomain belongs to Provider: when the contract ends, the website at that address is switched off, Provider provides no redirect to a new address, and QR codes with that address stop working. The Customer’s own domain name, if any, remains the Customer’s.

The Customer is responsible for what it publishes (menu, prices, allergens, the legal texts of its website), for its fiscal and tax obligations, for its contracts with payment, fiscal and delivery providers and for keeping its access data secret.

The Customer alone is responsible towards guests for orders, the quality and safety of the food, delivery, refunds and the handling of complaints. Provider is not a party to the contract between the venue and the guest.

The Customer compensates Provider for proven losses and reasonable legal costs arising from claims of guests, third parties and authorities that result from the menu, prices, texts, photos, settings or acts of the Customer and its staff, except where they were caused by Provider’s breach of the contract or a defect of the platform.

Provider supplies sample texts for guests (terms of sale, privacy policy, refund rules, loyalty programme terms) filled in with the Customer’s data. They are assistance, not legal advice: the Customer checks them before the launch, is responsible for them as the seller and the controller, and tells Provider if a text does not fit its venue or the law of its country.

The Customer sets the labels of the staff call buttons. The Vitrina platform only transmits the staff call signal and neither provides nor advertises any services. The Customer alone is responsible for the lawfulness of the services it offers to guests through the buttons in its country and on its premises.

Venues in Slovakia. The Customer registers and runs its eKasa cash register itself and is responsible for issuing the receipt, including for a bill the guest pays by phone at the table. Vitrina does not print price documents bypassing eKasa and does not change the data of the cash register. If the cash register is not connected to Vitrina, the Customer issues the receipt on its own cash register. In other countries the Customer runs its own fiscal device or service and is responsible for issuing receipts.

If the Customer has connected its Google business profile, the platform changes it only on the actions of the Customer’s staff in the admin panel (in particular replies to reviews and opening hours) and through automatic replies to reviews, where the Customer has enabled them. Provider changes nothing in the profile in its own name. The Customer may disconnect the profile at any time in the admin panel or in Google.

Each party is liable for damage caused by a breach of its obligations under Slovak law. Nothing in these Terms limits liability for damage caused intentionally or by gross negligence.

Limit of Provider’s liability. The parties declare that the damage they could foresee at the conclusion of the contract as a possible consequence of a breach of Provider’s obligations, including lost profit, does not in total for all claims exceed the amount the Customer paid to Provider in the 12 months before the event that caused the damage (connection, subscription and the fee on online orders), in accordance with § 379 of the Slovak Commercial Code. This limit does not apply to damage caused intentionally or by gross negligence, or where the law does not allow liability to be limited.

Neither party is liable for a failure caused by force majeure for as long as it lasts; the affected party informs the other without delay.

Provider may change these Terms with at least 30 days’ notice by e-mail; the Customer may terminate free of charge before the change takes effect. Changes required by law or by urgent security reasons may take effect earlier, with notice.

Provider develops the platform and may change its functions. If a change materially reduces what the chosen tariff includes, Provider gives at least 30 days’ notice by e-mail, and the Customer may terminate free of charge before the change takes effect. Changes for security reasons or required by law may take effect earlier, with notice.

Each party keeps confidential what it learns from the other in connection with the contract and what is not public: individual terms and prices, sales data, recipes, access keys and technical solutions of the platform. It may disclose it only to employees, contractors and advisers who need it for the contract and are bound by the same duty, or where the law or an authority requires it. The duty lasts for the term of the contract and 3 years after it, and for code and access keys for as long as they remain secret.

Provider may transfer the contract to a company that will continue the service, with at least 30 days’ notice by e-mail, provided the terms for the Customer do not get worse. The Customer may transfer the contract to a new owner of the venue with Provider’s written consent, which Provider does not refuse without good reason.

The Customer provides true data about itself and the venue and reports any change of name, registration data, address or billing e-mail within 10 days.

Each party confirms that neither it nor its owners are subject to sanctions of the European Union, the Slovak Republic or Ukraine. If the contract cannot be performed further without breaching sanctions, either party may terminate it.

If a provision is invalid, the rest remains in force, and the invalid provision is replaced by a valid one closest to its purpose.

These Terms are governed by the law of the Slovak Republic, excluding its conflict-of-law rules. Disputes are decided by the competent courts of the Slovak Republic.

Contact for everything under these Terms: contact@complete-solution.eu.

Vitrina is the shared app of Complete solution s. r. o. in the app stores: a guest picks a venue and orders from it, with the menu, prices and look of that venue. Provider shows the Customer’s venue there on every tariff at no extra charge. The contract of sale is between the venue and the guest. For this the Customer gives Provider a non-exclusive, free licence, for the term of the contract, to show the venue’s name, mark or logo, colours, type and city in the app and in its pictures in the app stores. The name and the mark remain the Customer’s.

How venues are ordered: by name, in the alphabetical order of the language the guest has chosen. If the guest taps “Nearby” and allows location, by the distance from the guest to the centre of the venue’s city, calculated on the phone. Venues recently opened on that phone are shown above the list. Search and the city filter only narrow the list. Tariff, payments, the fee on orders, reviews and the number of orders do not affect the order, and nobody can pay for a higher place.

Provider does not show a venue when the contract has ended or is paused, when its public data does not pass the checks of the app, or when its content breaks the law or the rules of the app stores; it may also stop showing a venue for urgent security reasons. Provider tells the Customer the reason by e-mail at the latest when the venue stops being shown, and the Customer may answer to contact@complete-solution.eu. The list on a guest’s phone updates with a delay, so a venue may stay visible there for a short time.

All venues are shown on the same terms. Each venue has its own database, so no venue sees the guests or orders of another. Changes to this section follow Section 9: at least 30 days’ notice by e-mail. Where Regulation (EU) 2019/1150 applies, this section is the terms it requires.

Provider charges the venue’s guests nothing and adds no fee of its own to a guest’s order. All amounts in an order, including delivery and packaging, are set by the Customer and are the Customer’s money: online payments reach the Customer’s own account, through its acquirer or on its Stripe account. Provider charges its own fees only to the Customer, under Section 2: by invoice or by withholding them from the Customer’s payments through Stripe.

The data of the guests and the menu belong to the venue, and Provider processes them only under Section 6. The Customer may at any time export all of this data itself with a button in the admin panel, without waiting for the end of the contract and free of charge; during a pause under the paragraph “Online payment only” of Section 2 the export is available right after the pause is lifted, which Provider does at the Customer’s request within one working day.

The domain name and the app store accounts may be registered in the Customer’s name. They then belong to the Customer, and Provider holds only the access it needs for the work and gives it up under Section 7.

The rights in the Vitrina platform, its code, design and documentation are held by Provider and are not transferred to the Customer under these Terms. The Customer uses the platform only for its venue and only for the term of the contract: it does not resell or pass on access to other venues, does not copy, decompile or modify the code except where the law allows it, does not bypass the licence check and does not use the platform to build a similar product.

The menu, photos, texts, logo and name of the venue remain the Customer’s. Provider uses them only to provide the service, including in the shared app under Section 10. Provider may name the venue as its client or show it in advertising only with the Customer’s separate written consent, which the Customer may withdraw.

Guest reviews. The Customer may show a review that has passed moderation on the website, in the app and in its own advertising, with the rating and the name as shown on the website and without changing its content, on the terms the guest accepted in the venue’s offer, and removes it from new advertising at the guest’s request. Provider shows reviews only within the service.

Platform credit. The venue’s website and app show a small “Powered by Vitrina” credit linking to vitrina.cafe. It cannot be switched off on any tariff.