Acceptance of these Terms
These Terms & Conditions form a binding agreement between TechVerdi SA, Av. Charles-Ferdinand Ramuz 60, 1009 Pully, Switzerland (VAT/UID CHE-110-027.685), and the business that registers for or uses the Service.
Kappino is a restaurant management software platform owned and operated by TechVerdi SA, comprising the website at kappino.com, the web application, the mobile applications, and related services.
By creating an account, accessing, or using the Service — or by clicking “I agree” or any similar control — you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Service.
Definitions
- Service — the Kappino platform and all related software, websites, applications, and features.
- Customer Data — all data you and your authorised users submit to or generate within the Service, including restaurant, order, customer, reservation, menu, inventory, and reporting data.
- Authorised User — an individual, such as an owner, manager, or staff member, you permit to access the Service under your account.
- Subscription — a paid plan giving access to the Service for a defined billing period.
- Order — the online or written order through which you select a plan.
- Fees — the amounts payable for a Subscription.
Eligibility
The Service is intended exclusively for business and professional use. By using the Service, you represent and warrant that:
- you are at least 18 years old and have full legal capacity to enter into a binding contract;
- you are using the Service in the course of a trade, business, craft, or profession, and not as a consumer; and
- the information you provide on registration is true, accurate, and complete.
Because the Service is offered on a business-to-business basis, statutory consumer-protection rights, including any consumer right of withdrawal, do not apply.
Account responsibilities
To use the Service you must create an account. You are responsible for all activity that occurs under your account and your Authorised Users.
- protect your password and login credentials, keep them confidential, and use strong, unique credentials;
- keep your account information accurate and up to date, including billing and contact details;
- not share your account or allow unauthorised persons to access it;
- ensure each Authorised User keeps their own credentials secure; and
- notify us promptly at office@techverdi.ch of any suspected unauthorised access or security breach.
You remain responsible for your Authorised Users’ compliance with these Terms.
Subscriptions & plans
We offer the following plan types. The specific features, limits, and prices of each are described on our pricing page or in your Order, which form part of these Terms.
| Plan | How it works |
|---|---|
| Monthly | Billed each month in advance. Renews automatically each month until cancelled. |
| Annual | Billed once per year in advance, typically at a discount. Renews automatically each year until cancelled. |
| Free trial | A time-limited trial, for example 15 days, with no payment required to start. Unless you cancel before the trial ends, the Subscription converts to a paid plan and the first charge applies. |
| Free plan | A no-cost plan with limited features and/or usage limits, offered at our discretion. We may modify, limit, or discontinue the free plan at any time on reasonable notice. |
5.1 Automatic renewal
Paid Subscriptions renew automatically for successive periods of the same length unless cancelled before the end of the then-current period. On each renewal we charge the Fees then in effect using your payment method on file.
5.2 Changes to plans and prices
We may change plan features and Fees. We will give you reasonable advance notice, normally at least 30 days, of any Fee increase, and the new Fees will apply from your next renewal.
Payments
- Billing cycle. Fees are charged in advance at the start of each billing period and on each automatic renewal.
- Currency. Fees are stated and charged in Swiss Francs unless another currency is specified at checkout.
- Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, including Swiss VAT and any foreign taxes.
- Payment processing. Payments are handled by third-party payment providers. We do not store full card numbers or CVV codes.
- Failed payments. If a payment fails, we may retry the charge and notify you. If payment remains outstanding, we may suspend or downgrade your account after a reasonable grace period.
- Refunds. Except where required by mandatory law, Fees are non-refundable, and we do not provide refunds or credits for partial periods, unused time, or features not used.
Cancellation
- You can cancel at any time from your account settings or by contacting us. Cancellation stops the next automatic renewal.
- Access continues until the end of the paid period. Your Subscription remains active until the end of the current billing period you have already paid for.
- Data deletion timeline. After your Subscription ends or your account is deleted, your Customer Data is deleted within 30 days, and residual copies are removed from backups within 90 days, except where we are legally required to retain certain records.
You are responsible for exporting your data before cancellation; we can make it available for export for a limited period on request.
Acceptable use
You agree not to, and not to permit any Authorised User or third party to:
- use the Service for any illegal activity or in violation of any applicable law or regulation;
- send spam or unsolicited communications, or use messaging features in breach of anti-spam or marketing-consent rules;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except where prohibited by mandatory law;
- hack, probe, or attempt to gain unauthorised access to the Service, other accounts, or our systems;
- upload or transmit malware, viruses, or any harmful code;
- resell, sublicense, or commercially exploit the Service without our prior written permission; or
- use the Service to infringe the rights of others or to store or transmit unlawful, infringing, or abusive content.
We may investigate suspected violations and take appropriate action, including suspension or termination.
Intellectual property
9.1 Our intellectual property
The Service and all related intellectual property are and remain the exclusive property of TechVerdi SA and its licensors. This includes the source code, software, branding, the Kappino name and logo, AI models and algorithms, user interface and design, and documentation.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your Subscription, solely for your internal business purposes and in accordance with these Terms.
9.2 Your data
As between you and us, you retain all ownership of your Customer Data, including restaurant data, orders, customer records, reports, and menus. You grant us a limited worldwide licence to host, process, transmit, and display Customer Data solely as necessary to provide, secure, and improve the Service and to comply with the law.
9.3 Feedback
If you give us suggestions or feedback, we may use it without restriction or obligation to you.
Customer data & privacy
Our processing of personal data is described in our Privacy Policy. Where we process personal data contained in your Customer Data on your behalf, you act as the controller and we act as the processor; that processing is governed by our Data Processing Agreement.
You are responsible for ensuring you have a lawful basis to collect and process the personal data you upload, including data about your own customers and staff.
Workforce and location tracking. If you enable delivery or rider features that involve GPS/location tracking of your staff or riders, you are responsible for informing the affected individuals, obtaining any required legal basis or consent, and complying with applicable employment and data protection law.
Uploaded documents and AI features. Documents you submit to the OCR / AI Scanner are processed by third-party AI providers, and uploaded files are retained until you delete them.
Service availability
We aim for a monthly uptime target of 99.9% for the core Service, measured excluding the exceptions below. This target is a goal and not a guarantee unless a separate Service Level Agreement has been agreed in writing.
The uptime target excludes downtime caused by scheduled maintenance, emergency maintenance, factors outside our reasonable control, your own equipment or network, third-party services, and suspension under these Terms.
AI features
The Service includes artificial-intelligence features such as recommendations, demand and sales forecasting, and other automated insights. These features are provided to assist you.
- AI-generated suggestions and forecasts may be inaccurate, incomplete, or unsuitable for your particular circumstances;
- you should independently verify any AI output before relying on it for important business decisions; and
- you remain solely responsible for decisions you make based on AI features, and we accept no liability for such decisions to the extent permitted by law.
Third-party services
The Service integrates with or links to third-party products and services, including OpenAI, Google, Meta / Facebook, Shopify, WordPress / WooCommerce, and payment providers.
Some of these providers process data outside Switzerland and the EU/EEA. Your use of those services is governed by the third party’s own terms and privacy practices. We are not responsible for third-party services and do not warrant their availability, accuracy, or security.
Warranties & disclaimers
We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms and to the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”.
We disclaim all other warranties, representations, and conditions, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, fully secure, or that defects will be corrected. Nothing in this section excludes any warranty or liability that cannot be excluded under mandatory Swiss law.
Limitation of liability
To the fullest extent permitted by applicable law:
- we are not liable for indirect, incidental, special, or consequential damages, nor for loss of profits, revenue, goodwill, business, or data;
- we provide no guarantee against downtime or interruptions and are not liable for unavailability falling within the exceptions in Section 11; and
- our total aggregate liability for any twelve-month period is limited to the total Fees you paid to us for the Service in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability where this is not permitted by mandatory Swiss law, including liability for unlawful intent or gross negligence under Art. 100 of the Swiss Code of Obligations.
Indemnification
You agree to indemnify, defend, and hold harmless TechVerdi SA and its directors, employees, and agents from and against any claims, damages, losses, liabilities, and reasonable costs arising out of or relating to: your misuse of the Service, your breach of these Terms or applicable law, your Customer Data or content, or your infringement of third-party rights.
Suspension & termination
We may suspend or terminate your access to the Service, in whole or in part, with or without notice depending on the circumstances, if:
- we reasonably suspect fraud or fraudulent activity;
- you engage in abuse of the Service or breach the acceptable-use rules;
- your account is in non-payment or your Fees remain overdue after a reasonable grace period; or
- you use the Service for illegal activity or in a way that exposes us or others to legal or security risk.
On termination, your right to use the Service ends immediately. Sections that by their nature should survive, including intellectual property, liability, indemnification, confidentiality, and governing law, will survive.
Confidentiality
Each party may receive confidential information of the other, including non-public business, technical, and pricing information. The receiving party will use the other party’s confidential information only to perform under these Terms, protect it with reasonable care, and not disclose it to third parties except to personnel and advisers who need to know and are bound by confidentiality.
This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law or authority.
Force majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes, failures of utilities, internet or hosting providers, cyber-attacks, or governmental actions.
Affected obligations are suspended for the duration of the event.
Changes to these Terms
We may update these Terms from time to time to reflect changes in the Service, our business, or the law. We will post the updated version with a revised “Last updated” date and, where changes are material, give reasonable advance notice.
Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel.
General provisions
- Entire agreement. These Terms, together with the Privacy Policy, DPA, your Order, and any pricing page, constitute the entire agreement between the parties.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any right or provision is not a waiver.
- Notices. We may send notices to the email associated with your account; you may send notices to office@techverdi.ch.
- Language. These Terms may be provided in several languages; in case of conflict, the English version prevails unless mandatory law provides otherwise.
- Relationship. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.
Governing law & jurisdiction
These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is the registered seat of TechVerdi SA — the competent courts of the Canton of Vaud, Switzerland, place of jurisdiction: Pully / Lausanne — subject to any mandatory place of jurisdiction provided by law.
Contact
TechVerdi SA
Av. Charles-Ferdinand Ramuz 60, 1009 Pully, Switzerland
Email: office@techverdi.ch
VAT / UID: CHE-110-027.685