Terms of Service

1. Scope & Contracting Party

The contracting party is Tabzy (GbR), Schmollerstraße 55, 74074 Heilbronn, Germany, represented by partners Yahia Taha, Đorđe Vidaković, and Tair Kezdekbayev (see Imprint). These Terms apply to all agreements concerning the use of the Tabzy software (POS system, QR-code payment functionality, TabzyAI and related services) between Tabzy and the Customer.

2. Description of Services

Tabzy provides the Customer with a cloud-based POS and payment system for the hospitality industry, which includes QR-code-based guest payment and bill splitting, a Kitchen Display System (KDS), a digital floor plan, and optional AI-powered analytics (TabzyAI). The exact scope of features depends on the plan booked and may change as the software is further developed, without reducing the core functionality to the Customer's detriment.

3. Formation of Contract & Trial Period

A contract is formed when the Customer submits a request via the contact form or email and Tabzy confirms it in writing (including by email). There is no minimum contract term; the Customer may cancel at any time with 14 days' notice to the end of a calendar month, unless otherwise agreed.

4. Fees & Payment Processing

Tabzy is offered in two forms: Tabzy All-in-One POS and Tabzy Connect. Under All-in-One, there is no monthly base fee and no setup fee; Tabzy charges a transaction-based fee for digital card payments made by guests in accordance with the pricing published on the website at the time (currently 1.75% + €0.25 per European card payment and 3.40% + €0.25 per international/business card payment for the first three months, then 3.00% + €0.25 and 4.75%-4.90% + €0.25 respectively). Under Tabzy Connect, no software fee applies for the first three months, after which a flat monthly fee of €100 applies; card payments are settled entirely through the Customer's existing payment service provider, and Tabzy charges no transaction fee of its own on those payments. Cash payments are always free of charge on both plans. Under All-in-One, payment processing itself is carried out by certified third-party payment service providers engaged by Tabzy; Tabzy never stores guests' card data in plain text. Costs for optional hardware (card terminals, cash drawers, QR stands, etc.) are billed separately and only after prior agreement.

5. Customer Obligations

The Customer is responsible for the accuracy of the data it enters (e.g. menu, prices, tax rates) and for complying with the legal requirements applicable to its business, in particular fiscal and tax law obligations. The Customer must ensure that platform login credentials are not shared with unauthorized third parties.

6. Availability & Liability

Tabzy strives for high platform availability but cannot guarantee uninterrupted availability, in particular during maintenance or in the event of disruptions outside its control (e.g. outages of hosting or payment service providers). Tabzy is liable without limitation for intent and gross negligence and under the Product Liability Act. For slightly negligent breaches of material contractual obligations, liability is limited to the damage typically foreseeable at the time of contract formation. Liability for slight negligence is otherwise excluded.

7. Ongoing Development

Certain features (e.g. TSE integration for automatic fiscal signing) are still under active development. Tabzy informs the Customer of the current implementation status prior to contract formation; the Customer remains responsible for complying with applicable fiscal-cash-register requirements (e.g. KassenSichV) in its own business until the relevant feature is fully available.

8. Changes to these Terms

Tabzy may amend these Terms with effect for the future where required for legal reasons or to reflect technical developments. The Customer will be informed of material changes by email with reasonable advance notice. If the Customer does not object within four weeks, the amended Terms are deemed accepted; this right of objection will be specifically pointed out in the change notice.

9. Final Provisions

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, the place of jurisdiction is Heilbronn. Should any provision of these Terms be invalid, the validity of the remaining provisions shall not be affected.

Questions about these Terms can be sent to contact@tabzy.de.