Terms of Service for Restaurants

Last updated: 30 October 2026

DRAFT – replace all placeholders in [SQUARE BRACKETS] and have this reviewed by a lawyer before publication.

These terms govern the use of the Mesamia restaurant software by hospitality businesses ("Restaurant", "you"). The provider is Mesamia [RECHTSFORM], [STRASSE NR], [PLZ ORT], [LAND] ("Mesamia", "we", "us").

1. Scope

1.1 Mesamia is offered to businesses only (B2B). By entering into the contract you confirm that you are acting in the course of your trade, business or profession. Consumer protection law does not apply.

1.2 The Restaurant's own terms only apply if we agree to them in writing.

2. Services

2.1 Mesamia provides software that lets restaurants receive and handle guests' table requests from the website (mesamia.app/r/) and the guest apps. Depending on the plan, it includes in particular:

• an inbox for requests (accept, suggest another time, decline);
• a table plan / floor plan;
• a guest book (exportable as CSV);
• auto-accept rules;
• no-show protection (reservation fee);
• 1 to 3 guest statuses with perks, based on visits in the last 12 months.

2.2 Mesamia is a technical intermediary. The contract for the table and the meal is made only between the Restaurant and the guest. The Restaurant is responsible for its information, its services on site and for honouring accepted bookings.

2.3 The features of each plan are those shown on the pricing page at mesamia.app at the time of ordering.

3. Contract and account

3.1 The contract is formed when you register at mesamia.app and complete your order. Plans are sold on the website only, not in the apps.

3.2 During onboarding, Mesamia may retrieve publicly available information about your business via Google Places to pre-fill your profile. You review and correct this information.

3.3 You are responsible for your staff's access and for keeping login details confidential.

4. Plans and prices

4.1 The following plans are available:

4.2 Trial: New restaurants can try Pro free for 30 days. When the trial ends, the account [CHECK: moves automatically to the paid Pro plan if a payment method is on file and you have not cancelled / moves automatically to the Start plan]. We will remind you before the trial ends.

4.3 Setup: We offer an optional paid setup service ([PREIS SETUP]).

4.4 Share of no-show fees: In addition to the plan price, Mesamia receives 25% of the no-show fees collected (section 6). Only amounts actually collected count; refunded or charged-back fees are [CHECK: refunded pro rata / offset].

4.5 All prices are [exclusive of statutory VAT – CHECK; reverse charge may apply to cross-border B2B services].

4.6 We will announce price changes at least 30 days in advance. You may terminate the contract before they take effect.

5. Billing and payment

5.1 Plans are billed monthly in advance. Payment by [ZAHLUNGSMITTEL, e.g. card or direct debit via Stripe].

5.2 The 25% share of no-show fees is deducted directly via Stripe as a platform fee with each charge and shown on your invoice.

5.3 If payment is overdue, after a reminder and a reasonable deadline we may restrict your access to the Start plan or suspend it.

6. No-show protection and Stripe account

6.1 To use no-show protection you need your own Stripe account, connected to Mesamia via Stripe Connect. Stripe's terms (including the Stripe Connected Account Agreement), which you enter into directly with Stripe, also apply. Stripe verifies your identity (KYC).

6.2 You are the merchant: No-show fees are collected as direct charges on your Stripe account. You are the payee and the guest's contractual partner for the fee. Mesamia never receives or holds funds. You bear Stripe's fees under your agreement with Stripe.

6.3 Proportionality: You set the amount (per person), the free-cancellation window and the conditions. You are responsible for ensuring that the fee is proportionate and complies with the law applicable in your country. Mesamia may set maximum amounts per country.

6.4 Correct marking: You may mark a guest as a no-show at the earliest 15 minutes after the booking time and only if the guest actually did not arrive. If part of the party arrives, mark only the missing people. Incorrect markings must be corrected without delay.

6.5 Process: After marking, the guest is notified and has 24 hours to dispute. Without a dispute, the fee is charged per missing person. If disputed, nothing is charged until the dispute has been reviewed. [CHECK DISPUTE PROCESS: roles of the Restaurant and Mesamia support.]

6.6 Goodwill: You may waive a fee at any time. One goodwill waiver per guest per restaurant per year is provided for.

6.7 TWINT / Bizum: If a guest chooses TWINT (Switzerland) or Bizum (Spain), the fee is collected upfront on acceptance and refunded when the guest arrives or cancels in time.

6.8 As the merchant, you bear chargebacks and disputes with guests about fees. Mesamia will provide you with the available booking data for this (for example the time of consent and the event history).

7. Guest statuses and perks

You define guest statuses and perks yourself and grant the perks yourself. You are responsible for honouring announced perks and for informing guests fairly about changes.

8. Restaurant obligations

In particular, you agree to:

• provide true and up-to-date information (business, opening hours, conditions);
• handle requests promptly and honour accepted bookings;
• use guest data only in accordance with applicable data protection law, in particular allergy information only for the booking concerned;
• not misuse the software.

9. Data protection

9.1 When operating the restaurant software (for example inbox, table plan, guest book), Mesamia processes personal data as the Restaurant's processor. The Data Processing Agreement applies and forms part of these terms.

9.2 You are an independent controller for your own guest book notes and for the use of guest data in your business. Mesamia is the controller for guest accounts and the guest apps (see the Privacy Policy).

10. Your data and export

10.1 The data in your guest book is your data. You can export it as CSV at any time.

10.2 After the contract ends, you can still export your data for [30] days. We then delete it unless we are legally required to retain it.

11. Availability

We aim for high availability (best effort) but do not guarantee any specific service level. We will announce planned maintenance in advance where possible. Outages at third parties (for example hosting, mobile networks, SMS, payment providers) are outside our control.

12. Term and termination

12.1 Paid plans run monthly and can be cancelled at any time with effect from the end of the current billing month. The Start plan can be ended at any time.

12.2 The right to terminate without notice for good cause remains unaffected, for example in case of serious breaches of sections 6.3, 6.4 or 8.

12.3 Monthly fees already paid are not refunded pro rata, except if Mesamia terminates without good cause.

13. Liability

13.1 Mesamia is liable without limitation for intent and gross negligence and for injury to life, body or health.

13.2 Otherwise, to the extent permitted by law, Mesamia's total liability is limited to the amounts you paid to Mesamia in the 12 months before the event giving rise to the claim (plan prices and share of no-show fees). Mesamia is not liable for loss of profit, loss of revenue, consequential loss or missed guests.

13.3 Mesamia is not liable for guests' behaviour, for no-show fees that could not be collected, or for services of Stripe and other third parties.

14. Changes

We may change these terms by giving at least 30 days' notice. If you do not object or terminate before they take effect, the changes are deemed accepted. We will point this out in the notice.

15. Final provisions

15.1 These terms are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

15.2 The exclusive place of jurisdiction is [ORT].

15.3 If any provision is invalid, the rest remains valid.

Contact

Mesamia [RECHTSFORM], [STRASSE NR], [PLZ ORT], [LAND] [E-MAIL: hello@mesamia.app] · support@mesamia.app