chat2guest Terms of Service
Effective date: 28 May 2026
Last updated: 28 May 2026
The canonical, publicly accessible version of these Terms of Service is published at https://chat2guest.com/legal/terms-of-service. Read together with our Privacy Policy.
1. Introduction
These Terms of Service ("Terms") govern access to and use of the chat2guest platform and related services provided by chat2guest ("chat2guest", "we", "us", or "our").
chat2guest is an AI-assisted restaurant communications and reservation platform that may include:
- a restaurant admin dashboard;
- public booking, waitlist, and private-room booking flows;
- a website chat widget;
- integrations with WhatsApp, Facebook Messenger, Instagram, Google Business Profile reviews, and similar third-party services;
- AI-assisted drafting, response, escalation, and knowledge-reuse features;
- payment and deposit collection features;
- notifications, support, security, and account-management tools; and
- related APIs, documentation, and implementation support.
These Terms form a binding agreement between chat2guest and the person or entity that registers for, purchases, accesses, or uses the Service ("Customer", "you", or "your").
2. Our Details
- Legal entity: alpstudios GmbH, trading as chat2guest
- Country of establishment: Switzerland
- Registered address: Maschinengasse 10, 6330 Cham, Switzerland
- Email: [email protected]
- Company registration number: CHE-401.488.907
- VAT / sales-tax number: CHE-401.488.907 MWST
chat2guest is currently focused on the Swiss market. A second base of operations in the Netherlands is in preparation; these Terms will be updated when the Dutch establishment becomes operational.
Representatives under applicable law:
- EU representative (Article 27 GDPR): chat2guest does not currently target individuals in the European Union within the meaning of Article 3(2) GDPR and has therefore not designated a representative under Article 27 GDPR. Before chat2guest begins offering the Service to persons in the European Union, it will either designate an Article 27 representative or operate through a Dutch establishment that satisfies the same purpose.
- Swiss representative (Article 14 revFADP): Not applicable. chat2guest is established in Switzerland and is therefore not required to designate a representative under Article 14 revFADP.
3. Scope and Contract Structure
These Terms apply to the Service unless we and the Customer have entered into a separate written agreement that expressly supersedes them.
The contract documents, in descending order of priority, are:
- a signed master services agreement, enterprise agreement, or order form, if any;
- a data processing agreement ("DPA"), if any, for data protection matters only;
- these Terms;
- any product-specific policies or addenda expressly incorporated by reference, including the PRIVACY_POLICY.md; and
- applicable ordering or onboarding materials that we expressly identify as contractual.
If there is a conflict, the higher-priority document controls to the extent of the conflict.
4. Business Scope and Eligibility
The Service is intended primarily for business use by restaurants, hospitality operators, and their authorized personnel.
By accepting these Terms or using the Service on behalf of an organization, you represent and warrant that:
- you are at least 18 years old;
- you have the legal capacity to enter into this agreement; and
- you have authority to bind the relevant organization to these Terms.
If you are a restaurant guest, diner, or other end customer using a booking page, waitlist page, private-room page, or messaging flow powered by chat2guest, Section 23 applies in addition to these Terms.
5. Definitions
For these Terms:
- "Account" means the Customer's account or tenant within the Service.
- "Authorized User" means an individual permitted by Customer to access the Service under Customer's Account.
- "Customer Data" means data, content, records, communications, or other materials submitted to, stored in, or processed through the Service on Customer's behalf, including restaurant configuration, guest data, reservations, messages, review drafts, and knowledge entries.
- "Documentation" means our user-facing technical or product documentation that we make available for the Service.
- "Order Form" means any ordering document, statement of work, pricing schedule, or commercial quote accepted by the parties.
- "Output" means content generated by the Service or its AI-assisted features in response to Customer Data, instructions, or configuration.
- "Service" means the
chat2guestsoftware, hosted services, APIs, integrations, admin dashboard, bridge services, messaging workflows, and related features we make available. - "Third-Party Services" means services, software, channels, platforms, or infrastructure not provided by chat2guest, including Meta, WhatsApp, Facebook, Instagram, Google, Stripe, Chatwoot, browser vendors, telecom providers, hosting providers, and similar third parties.
6. Account Registration and Administration
Customer must provide accurate and complete information when creating or administering an Account.
Customer is responsible for:
- maintaining accurate account, restaurant, billing, and contact information;
- controlling access to its Account and Authorized Users;
- keeping credentials, API keys, tokens, and devices secure;
- promptly disabling access for users who should no longer have it; and
- all activity occurring under its Account, except to the extent caused by our breach of these Terms.
Customer must notify us without undue delay if it becomes aware of unauthorized access, credential compromise, or misuse of the Service.
7. Authorized Users and Roles
Authorized Users may access the Service only for Customer's internal business purposes and only within the permissions, roles, and configurations assigned by Customer.
Customer is responsible for ensuring that Authorized Users:
- comply with these Terms and applicable law;
- use the Service only for legitimate restaurant or hospitality operations;
- do not share credentials inappropriately; and
- do not attempt to bypass role restrictions, audit trails, or safety controls.
We may rely on instructions given by Authorized Users acting through Customer's Account.
8. Subscription, Fees, and Taxes
The commercial terms for the Service, including any subscription fees, onboarding fees, implementation fees, usage limits, payment terms, renewal terms, and cancellation rights, will be set out in the applicable Order Form or other written commercial agreement.
Unless otherwise agreed in writing:
- fees are stated and payable in the currency identified in the Order Form;
- fees are non-cancellable and non-refundable except as required by mandatory law or expressly stated otherwise;
- Customer must pay undisputed invoices by the due date stated on the invoice or Order Form;
- late payments may bear interest at the lesser of 1% per month or the maximum rate permitted by law; and
- Customer is responsible for applicable taxes, duties, levies, and similar charges, excluding taxes on our net income.
If Customer disputes an invoice in good faith, Customer must notify us promptly with reasonable detail before the payment due date, and the parties will work in good faith to resolve the dispute.
9. Free Trials, Pilot Access, and Beta Features
If we provide free, trial, pilot, alpha, beta, early-access, preview, or evaluation access ("Beta Features"), we may do so subject to additional terms.
Unless otherwise stated in writing:
- Beta Features are provided for evaluation purposes only;
- Beta Features may be incomplete, change materially, or be discontinued at any time;
- Beta Features may be subject to reduced security, performance, availability, documentation, or support commitments; and
- we may suspend or terminate Beta Feature access at any time without liability.
10. License and Permitted Use
Subject to Customer's compliance with these Terms and payment of applicable fees, chat2guest grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for Customer's internal business operations.
Customer may not, and may not permit any third party to:
- sell, resell, license, sublicense, lease, or commercially exploit the Service except as expressly authorized;
- copy, modify, create derivative works of, or distribute the Service except as expressly permitted by law or written agreement;
- reverse engineer, decompile, disassemble, or attempt to derive source code, trade secrets, or underlying models, except to the limited extent such restriction is prohibited by applicable law;
- access the Service to build a competing service or benchmark product without our prior written consent;
- remove or obscure proprietary notices, security notices, or attribution requirements;
- use the Service in a way that exceeds documented rate limits, technical limits, or plan limits; or
- use the Service for unlawful, deceptive, abusive, harassing, discriminatory, or infringing activity.
All rights not expressly granted are reserved by chat2guest and its licensors.
11. Customer Responsibilities
Customer is solely responsible for:
- its restaurants, hospitality operations, and dealings with guests;
- the accuracy, legality, quality, and integrity of Customer Data;
- ensuring its staff review, supervise, and manage the Service appropriately;
- configuring restaurant policies, booking rules, cancellation terms, deposit policies, and customer-facing notices;
- obtaining all rights, consents, and permissions necessary to use Customer Data and connect Third-Party Services;
- complying with applicable laws relating to reservations, consumer protection, hospitality operations, e-commerce, accessibility, advertising, electronic communications (including the ePrivacy Directive and equivalent Swiss rules), unsolicited commercial communications (including, in Switzerland, the Federal Act against Unfair Competition (UWG/LCD)), and data protection (including the GDPR and the revised Swiss FADP);
- deciding when and how to use AI-assisted features, automated replies, review drafting, auto-posting, or escalation workflows, and complying with any obligations that apply to Customer as a deployer of an AI system under the EU AI Act, including any applicable transparency, human-oversight, and record-keeping obligations;
- maintaining a lawful basis and appropriate notices for guest data processed through the Service; and
- ensuring guests are informed, where required by Article 50 of the EU AI Act, that they are interacting with, or receiving content generated by, an AI system.
Customer must not rely on the Service as a substitute for reasonable business judgment, staff oversight, or legal compliance processes.
12. Customer Data and Data Protection
As between the parties, Customer retains ownership of Customer Data.
Customer grants chat2guest a limited right to host, copy, transmit, display, modify, and otherwise process Customer Data only as necessary to:
- provide, secure, maintain, and improve the Service;
- perform support, troubleshooting, and implementation services;
- operate integrations and technical workflows requested by Customer;
- comply with applicable law or binding legal process; and
- enforce these Terms.
The parties acknowledge that, depending on the context:
- chat2guest may act as a controller for business-user, billing, support, security, and account data; and
- chat2guest may act as a processor or service provider on behalf of Customer for restaurant guest and end-customer data.
The parties' respective privacy and data processing responsibilities are described further in the PRIVACY_POLICY.md and any applicable DPA. Where chat2guest acts as processor for Customer in respect of personal data subject to the GDPR or the revised Swiss FADP, the parties shall enter into a data processing agreement that satisfies Article 28 GDPR (and any equivalent Swiss requirements). Our standard DPA, together with a current list of sub-processors, is available on request to [email protected] and is deemed incorporated into these Terms once signed by both parties.
Where chat2guest becomes aware of a personal data breach affecting Customer Data processed on Customer's behalf, chat2guest will notify Customer without undue delay so that Customer can meet its own notification obligations under Article 33 GDPR, Article 24 revFADP, or other applicable law.
Customer remains responsible for:
- issuing guest-facing privacy notices;
- configuring the restaurant's own
termsUrlandprivacyPolicyUrlwhere required; - deciding whether consent checkboxes are needed for public booking flows;
- determining appropriate retention, notices, and legal bases for guest data; and
- avoiding unnecessary collection of special-category or sensitive personal data.
13. AI Features and Output
The Service may use AI or machine-learning components to classify requests, draft replies, summarize conversations, suggest actions, reuse approved knowledge, generate review responses, route escalations, or produce other Output.
Customer understands and agrees that:
- Output may be inaccurate, incomplete, outdated, biased, or inappropriate for a specific situation;
- generative systems may produce similar output for multiple users or contexts;
- Output is provided as an assistive tool and must be reviewed appropriately by Customer before high-impact use;
- the Service may switch languages, infer booking context, or reuse prior approved answers based on Customer configuration and historical interactions;
- public-channel workflows may be technically restricted to reduce unsafe actions, including removing certain booking tools from public-comment or review surfaces; and
- owner, manager, or staff approval flows may still require prompt human action to function as intended.
Customer is solely responsible for:
- deciding whether to send, post, approve, reject, or act on Output;
- reviewing automated or AI-assisted guest messages and public review replies where appropriate;
- ensuring that Output complies with Customer's policies, legal obligations, and brand standards; and
- not using the Service for emergency, medical, legal, employment, insurance, credit, or other high-risk decision-making.
We do not guarantee that AI-generated Output will be correct, non-infringing, merchantable, or fit for Customer's specific purpose.
As the provider of the AI systems embedded in the Service, chat2guest is responsible under Article 50(1) of the EU AI Act for designing those systems so that the natural persons they interact with are informed that they are interacting with an AI system, except where this is obvious from the context. The Service is designed to support compliance with Article 50 of the EU AI Act, including by emitting a clear and distinguishable bot-identity disclosure on customer-facing messaging surfaces by default, and by supporting machine-readable identification of artificially generated or manipulated content where technically appropriate. Customer remains responsible, as the deployer of the AI system in its own restaurant operations, for keeping those disclosures in place in its guest-facing communications, for any further configuration that may affect transparency in its restaurant, and for any other obligations that apply to Customer as deployer under the EU AI Act (including obligations on human oversight, instructions for use, and record-keeping).
14. Messaging Channels and Third-Party Services
The Service depends in part on Third-Party Services. Customer authorizes chat2guest to access, exchange, transmit, receive, and process relevant data with such Third-Party Services to provide the requested functionality.
Customer acknowledges that:
- Third-Party Services may impose their own terms, policies, technical requirements, and usage limits;
- Third-Party Services may change, suspend, restrict, or discontinue functionality at any time;
- channel access may depend on app review, business verification, token validity, webhook approvals, or third-party platform decisions outside our control; and
- the Service's performance may be affected by outages, latency, moderation decisions, API changes, or account restrictions imposed by Third-Party Services.
Customer is responsible for complying with all applicable Third-Party Service terms connected to its use of the Service.
Where Customer connects Meta-platform accounts (a Facebook Page, an Instagram Business or Creator account, or a WhatsApp Business account), Customer's use of those connections is also subject to Meta's Platform Terms, Developer Policies, the WhatsApp Business Solution Terms, and any other applicable Meta terms in force from time to time. chat2guest processes Meta-platform data only to provide the Service to Customer and does not use it for advertising, share it with data brokers, or use it to build cross-app advertising profiles. Page Access Tokens, long-lived user tokens, and Instagram tokens are stored encrypted at rest, and webhook deliveries from Meta are verified using the relevant signing secret.
14.1 Official and unofficial channel connectors
Some connectors rely on official APIs (such as the WhatsApp Business Cloud API, the Meta Messenger Platform, the Instagram Messaging API, and the Google Business Profile API), while others exist as development, fallback, or best-effort options (such as the QR-code-based WhatsApp connector built on the open-source Baileys library).
chat2guest recommends the official channel connectors for production use, and in particular for any deployment serving guests in the EU/EEA or Switzerland.
Without limiting the generality of the foregoing:
- Customer understands that the QR-code-based WhatsApp connector and any other unofficial WhatsApp connectivity method are not officially supported integrations and may contravene WhatsApp's terms of service;
- such methods may be blocked, throttled, banned, or otherwise disrupted by the third-party provider without notice and without recourse;
- chat2guest does not warrant the ongoing availability of unofficial connectors for production use; and
- Customer assumes the operational, contractual, and compliance risk of choosing to use such connectors, including the risk of suspension or loss of the underlying account and any guest disclosure obligations.
15. Payments, Deposits, and Financial Services
The Service may support deposit collection, payment processing, refund workflows, payout onboarding, and related payment features. These features may rely on Stripe Connect or other payment providers.
Customer acknowledges and agrees that:
- payment processing services are provided by the relevant payment provider under that provider's terms;
- chat2guest is not a bank, escrow provider, money transmitter, or payment network;
- restaurants remain responsible for their own deposit policies, refund rules, cancellation terms, taxes, and guest disclosures;
- public deposit-required bookings may fail closed if payment processing is unavailable or not properly configured;
- refunds, disputes, and chargebacks may be subject to third-party rules and timelines; and
- historical payment records may need to be retained for accounting, fraud-prevention, audit, or legal reasons.
Where the Service sends guests to a third-party payment flow, the guest's payment relationship is with the relevant payment provider and restaurant, not with chat2guest as merchant of record, unless expressly stated otherwise in writing.
16. Guest-Facing Workflows and Restaurant Transactions
The Service may enable guests or other end customers to:
- make reservations;
- join waitlists;
- claim or decline waitlist offers;
- request or book private rooms;
- send inquiries through messaging channels or web widgets;
- receive confirmations, reminders, or cancellation links; and
- pay deposits where enabled.
Customer acknowledges that chat2guest provides the software layer for those workflows, but Customer remains the merchant, hospitality provider, and primary contracting party for the underlying reservation or service transaction with the guest.
Customer is responsible for:
- the restaurant's food, services, availability, capacity, pricing, cancellation terms, and no-show handling;
- the content of guest-facing booking pages and notices;
- responding to complaints, disputes, and service issues with guests; and
- ensuring its own terms and privacy notices are made available where required.
17. Acceptable Use
Customer and its Authorized Users must not use the Service to:
- send spam, unlawful marketing, or unwanted bulk communications;
- impersonate any person or entity or misrepresent affiliation;
- harass, threaten, defame, or abuse any person;
- process unlawful, infringing, defamatory, fraudulent, or deceptive content;
- attempt unauthorized access to systems, data, or accounts;
- interfere with the integrity, performance, or security of the Service or Third-Party Services;
- upload malware or perform harmful, abusive, or disruptive activity;
- scrape, harvest, or extract data beyond permitted use;
- bypass audit, rate-limiting, authentication, or safety controls; or
- use the Service in violation of sanctions, export controls, anti-bribery rules, or other applicable law.
We may investigate suspected misuse and take action under Section 21.
18. Intellectual Property
The Service, Documentation, software, design, workflows, models, prompts, interfaces, know-how, and all related intellectual property rights are owned by chat2guest or its licensors and are protected by copyright, trade secret, trademark, and other applicable laws.
Except for Customer Data and Customer's own marks, no rights are transferred to Customer other than the limited access rights expressly granted in these Terms.
Customer grants chat2guest a limited, non-exclusive right to use Customer's name and logo to identify Customer as a user of the Service in customer lists or similar materials, unless Customer instructs us otherwise in writing.
19. Feedback
If Customer or its users provide suggestions, ideas, enhancement requests, recommendations, or feedback about the Service ("Feedback"), Customer grants chat2guest a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and incorporate that Feedback without restriction or obligation, provided we do not publicly identify confidential Customer information in doing so.
20. Confidentiality
Each party receiving Confidential Information ("Recipient") from the other party ("Discloser") agrees to:
- use the Confidential Information only as necessary to perform or exercise rights under these Terms;
- protect it using reasonable care, and at least the same care it uses for its own similar information; and
- not disclose it to third parties except to employees, contractors, advisers, or subprocessors who need to know it and are bound by appropriate confidentiality obligations.
"Confidential Information" includes non-public business, technical, financial, operational, security, product, customer, and pricing information, including Customer Data and non-public features of the Service.
Confidential Information does not include information that the Recipient can demonstrate:
- was already lawfully known without restriction;
- becomes public through no breach of these Terms;
- is lawfully received from a third party without breach of duty; or
- is independently developed without use of the Discloser's Confidential Information.
If disclosure is required by law or binding legal process, the Recipient may disclose the minimum required information, provided it gives advance notice where legally permitted.
21. Suspension and Service Protection
We may suspend or restrict access to all or part of the Service immediately if:
- Customer materially breaches these Terms;
- Customer's use creates a security risk or may harm the Service, other customers, guests, or third parties;
- Customer fails to pay undisputed fees after notice and an opportunity to cure, where commercially applicable;
- we are required to do so by law, court order, regulator, or Third-Party Service provider; or
- continued provision of the Service becomes impracticable due to fraud, abuse, sanctions, or third-party platform action.
Where reasonably practicable, we will provide notice and work with Customer to restore access once the issue is resolved.
22. Availability, Maintenance, and Support
We will use commercially reasonable efforts to operate the Service, but unless we expressly agree otherwise in writing:
- the Service is provided on an as-available basis;
- we do not commit to any uptime percentage, response time, or service level agreement;
- maintenance, updates, patches, and changes may occur from time to time;
- support channels, response targets, and onboarding assistance are provided as described in the applicable Order Form or support policy, if any; and
- we may modify, replace, or discontinue features where reasonably necessary for security, legal, technical, or product reasons.
We are not responsible for downtime or degraded performance caused by Third-Party Services, internet connectivity, telecom issues, force majeure, Customer systems, or Customer configuration choices.
23. Terms for Guests and Other End Customers
If you are a guest, diner, or other end customer using a booking page, waitlist page, private-room page, or messaging flow powered by chat2guest:
- chat2guest provides the software interface only;
- the relevant restaurant, not chat2guest, decides whether to accept, confirm, modify, cancel, or refuse your reservation or request;
- the relevant restaurant, not chat2guest, sets the applicable menu, service terms, cancellation rules, deposit policy, opening hours, and hospitality conditions;
- any contract for restaurant services is between you and the restaurant; and
- the restaurant's own terms, policies, and privacy notice may also apply.
To the extent chat2guest provides a public-facing booking or messaging interface directly under its own domain, these Terms govern your use of that interface as a technology service only and do not make chat2guest the provider of the restaurant experience itself.
Nothing in these Terms limits mandatory consumer rights that cannot be waived under applicable law, including rights under EU consumer-protection law (such as Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, Directive (EU) 2019/771 on the sale of goods, and Directive 2011/83/EU on consumer rights) and the Swiss Code of Obligations.
24. Warranties Disclaimer
To the fullest extent permitted by applicable law, the Service, Output, Documentation, Beta Features, and all related components are provided "as is" and "as available".
chat2guest and its licensors disclaim all warranties and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of:
- merchantability;
- fitness for a particular purpose;
- non-infringement;
- accuracy;
- uninterrupted availability; and
- error-free or secure operation.
We do not warrant that the Service will:
- meet all of Customer's requirements;
- operate without interruption or delay;
- be compatible with all third-party systems or devices;
- remain available on any particular channel or platform; or
- produce correct or complete Output in every case.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to the extent prohibited by law.
25. Limitation of Liability
To the fullest extent permitted by applicable law:
- neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or data, even if advised of the possibility of such damages; and
- chat2guest's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees paid or payable by Customer to chat2guest for the Service in the 12 months preceding the event giving rise to the claim.
The limitations in this Section do not apply to:
- Customer's payment obligations;
- Customer's breach of Section 10 or Section 17;
- either party's fraud or fraudulent misrepresentation;
- either party's willful misconduct or gross negligence to the extent such limitation is prohibited by law;
- death or personal injury caused by negligence where liability cannot be limited by law; or
- liability that cannot be excluded or limited under applicable mandatory law.
Multiple claims will not enlarge the liability cap.
26. Indemnification
Customer will defend, indemnify, and hold harmless chat2guest, its affiliates, and their respective officers, directors, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Customer Data;
- Customer's restaurants, services, products, deposits, cancellations, or dealings with guests;
- Customer's use of the Service in breach of these Terms, applicable law, or third-party terms;
- Customer's instructions, content, booking policies, or public statements; or
- claims by guests or third parties relating to restaurant services, misinformation supplied by Customer, or Customer-approved Output.
chat2guest will promptly notify Customer of any claim, allow Customer to control the defense and settlement, and provide reasonable cooperation at Customer's expense. Customer may not settle a claim in a manner that admits fault on chat2guest's behalf or imposes non-monetary obligations on chat2guest without chat2guest's prior written consent.
27. Term and Termination
These Terms begin when Customer first accepts them or first accesses the Service, whichever occurs earlier, and continue until terminated in accordance with these Terms or the applicable Order Form.
Either party may terminate:
- as provided in the applicable Order Form;
- for material breach by the other party, if the breach remains uncured 30 days after written notice, or immediately if the breach is not capable of cure; or
- immediately if the other party becomes insolvent, enters liquidation, ceases business, or is subject to similar insolvency proceedings, to the extent permitted by law.
Upon termination or expiry:
- Customer's access rights to the Service will end;
- Customer must stop using the Service;
- accrued payment obligations remain due;
- each party will return or delete the other party's Confidential Information as required by law or contract; and
- we may delete Customer Data in accordance with our retention practices, applicable law, and any agreed transition period.
If requested within a reasonable period after termination and if commercially and technically feasible, we may offer a data export or transition service subject to fees and technical constraints.
Sections that by their nature should survive termination will survive, including Sections 10, 12, 18 through 20, and 24 through 32.
28. Changes to the Service or Terms
We may update the Service and these Terms from time to time.
If we make a material change to these Terms, we will provide notice by posting the updated Terms, notifying Customer through the Service, email, or other reasonable means, and stating the updated effective date.
Unless mandatory law requires a different process:
- changes become effective on the stated effective date; and
- Customer's continued use of the Service after that date constitutes acceptance of the updated Terms.
If Customer does not agree to a material change, Customer must stop using the Service and, where applicable, terminate in accordance with the Order Form.
29. Publicity, References, and Product Improvement
Unless Customer opts out in writing, chat2guest may identify Customer by name and logo in general customer reference lists.
chat2guest may generate and use aggregated, statistical, or de-identified information derived from use of the Service for lawful business purposes such as analytics, service improvement, benchmarking, security, and capacity planning, provided such information does not identify Customer or individual guests.
30. Governing Law and Dispute Resolution
These Terms are governed by the substantive laws of Switzerland, where chat2guest is established, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
The ordinary courts of Zug, Switzerland will have exclusive jurisdiction, unless mandatory law requires otherwise.
If Customer is a consumer or other party benefiting from mandatory protections under the laws of an EU/EEA member state, Switzerland, or another jurisdiction:
- nothing in these Terms deprives that person of protections that cannot be contractually waived under the law of their habitual residence;
- mandatory rules on jurisdiction (including under Regulation (EU) 1215/2012 (Brussels I bis) and the Lugano Convention) continue to apply; and
- the choice of governing law above is without prejudice to Article 6 of Regulation (EC) 593/2008 (Rome I).
Where a dispute concerns a consumer in the EU, that consumer may also have access to the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.
Before filing a formal claim, the parties will try in good faith to resolve the dispute by notice and business discussion for at least 30 days, unless urgent injunctive relief is required.
31. Miscellaneous
Assignment.Customer may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets relating to these Terms. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets.Subcontractors.We may use affiliates, subprocessors, hosting providers, and contractors to perform parts of the Service, provided we remain responsible for their performance to the extent required by applicable law or contract.Independent contractors.The parties are independent contractors. These Terms do not create a partnership, agency, fiduciary, employment, or franchise relationship.No waiver.Failure to enforce any provision is not a waiver of future enforcement.Severability.If any provision is held unenforceable, the remainder of these Terms remains in effect, and the unenforceable provision will be interpreted as closely as possible to its intended effect.Entire agreement.These Terms and any incorporated documents form the entire agreement between the parties regarding the Service, except where superseded by a separate written agreement.Force majeure.Neither party is liable for failure or delay caused by events beyond reasonable control, including internet outages, platform shutdowns by third parties, labor disputes, natural disasters, war, terrorism, epidemics, governmental action, or failures of suppliers or telecom networks.Notices.Legal notices to chat2guest must be sent to [email protected] (or by post to alpstudios GmbH, Maschinengasse 10, 6330 Cham, Switzerland). We may send notices to Customer using the contact details associated with the Account.Language.If these Terms are translated, the German version controls in the event of inconsistency, to the extent permitted by law.
32. Contact
Questions about these Terms may be sent to:
chat2guest
Maschinengasse 10, 6330 Cham, Switzerland
Email (general): [email protected]
Email (legal and contracts): [email protected]
Email (privacy and data-deletion requests): [email protected]