Terms and Conditions

Last updated: September 26, 2026

This translation is provided for information only. Only the German version is legally binding: German version

All contracts between Curry Masala Holding GmbH (hereinafter "gastrify") and the customer (hereinafter "Customer") regarding the use of the gastrify application are governed exclusively by the following General Terms and Conditions in the version valid at the time the contract is concluded.

1. Subject matter of the contract

1.1 gastrify is an application for local and regional businesses that can be used to offer and process online orders for pickup and delivery. The subject matter of the contract is the provision of the gastrify application (hereinafter "Application"), including any ancillary services in the area of advertising and marketing.

1.2 The Application is integrated into the Customer's website by means of an inline frame or a link. The Customer operates the Application via an internet portal (hereinafter "Portal") in which the Customer can enter its offering and view and process all orders.

1.3 gastrify merely provides the Application for online orders. The Customer alone is responsible for the content, including compliance with all legal requirements. gastrify is neither a contracting party to nor an intermediary of the contracts concluded via the Application between the Customer and its customers (hereinafter "End Customers").

2. Conclusion of the contract

2.1 Unless otherwise agreed, the contract between gastrify and the Customer is concluded when a shop is created in the Portal. After the shop has been created, either a credit card or bank account can be stored in the Portal or credit can be purchased. End Customers can only place an order if one of the payment methods mentioned has been stored or if sufficient order credit or a booked package is available.

2.2 gastrify's offering is directed exclusively at businesses (Unternehmer); consumers are excluded from concluding a contract.

3. Provision of the Application

3.1 For the term of this contract, gastrify provides the Customer with the Application in its current version via the internet in return for payment. For this purpose, gastrify sets up the Application on a server that the Customer can access via the internet.

3.2 The current scope of functions of the Application results from its service description valid at the time of registration at gastrify.de.

3.3 gastrify will remedy all errors of the Application in accordance with the technical possibilities and taking into account a prioritization at gastrify's discretion. An error exists if the Application does not fulfill the functions specified in section 3.2, delivers incorrect results or otherwise does not function properly, so that use of the Application is impossible or restricted.

3.4 gastrify continuously develops the Application and will improve it through ongoing updates and upgrades.

4. Rights of use

gastrify grants the Customer the non-exclusive and non-transferable right to use the Application as intended for the term of the contract.

5. Data processing

5.1 gastrify ensures that the data assigned to the respective Customer (master data, offering data and order data) can be accessed via the Portal.

5.2 gastrify processes the End Customer data collected in the course of using the Application partly on behalf of the Customer, but partly also for its own purposes or for purposes shared with the Customer. For this purpose, gastrify and the Customer conclude a supplementary data protection agreement. This agreement is concluded by digital signature via the function provided in the Portal.

6. Support

gastrify will answer the Customer's inquiries regarding the Application during business hours (currently Monday to Friday, 8:00 a.m. to 6:00 p.m.) via chat, email or contact form. Depending on the type of inquiry, the response time is generally no more than 2 working days.

7. Interruption/impairment of availability

7.1 Adjustments, changes and further development of the Application as well as measures to identify and remedy malfunctions will only lead to a temporary interruption or impairment of availability if this is absolutely necessary for technical reasons.

7.2 The basic functions of the Application are monitored daily. Maintenance of the Application is generally ensured during business hours (currently Monday to Friday, 8:00 a.m. to 6:00 p.m.). In the event of serious errors – use of the Application is no longer possible or is seriously restricted – maintenance takes place within 8 hours of gastrify becoming aware of the error or being informed by the Customer, provided that gastrify is responsible for the error. gastrify will notify the Customer of the maintenance work immediately and carry it out as quickly as technically possible. If the error cannot be remedied within 12 hours, gastrify will notify the Customer by email within 24 hours, stating the reasons and the time expected to be required to remedy the error.

7.3 The availability of the Application is 99% on an annual average, including maintenance work; however, availability may not be impaired or interrupted for more than two consecutive calendar days.

8. Obligations of the Customer

8.1 The Customer is obliged to enter and maintain its master and offering data in the Portal itself. It grants gastrify all rights of use that gastrify requires to use and process the data as instructed.

8.2 If the Customer wishes to include the payment options available in the Application (e.g. PayPal or Stripe) in its offering, it is obliged to maintain a corresponding account and to link this account to the Application.

8.3 To use the Application and in particular the Portal, the Customer must ensure an uninterrupted internet connection.

8.4 The Customer undertakes to keep its access data secret and not to make it accessible to third parties. It is further obliged to prevent unauthorized third-party access to protected areas of the Application by taking suitable precautions. For these purposes, the Customer will inform its employees of these obligations where necessary.

8.5 The Customer warrants that its offers to End Customers comply with the statutory requirements (including information obligations for consumer contracts, distance contracts and contracts in electronic commerce, information obligations under food law, the requirements of the German Price Indication Ordinance (Preisangabenverordnung) and of the German Digital Services Act (DDG)). In this respect, the Customer indemnifies gastrify against all third-party claims – including the costs of legal defense – upon first request. Notwithstanding this, gastrify will support the Customer in complying with these requirements by providing corresponding input fields.

8.6 The Customer guarantees that it holds all necessary rights to the data it supplies and that this data does not infringe the rights of third parties (e.g. personality, trademark or copyrights). In this respect, the Customer indemnifies gastrify against all third-party claims, including the costs of legal defense, upon first request.

9. Engagement of third parties and transfer of the contract

9.1 gastrify is entitled to engage subcontractors to fulfill the agreed services.

9.2 gastrify is further entitled to transfer the contract with all rights and obligations to a third party.

10. Defects/warranty

10.1 gastrify guarantees the functionality and operational readiness of the Application in accordance with the provisions of this contract.

10.2 gastrify assumes no liability whatsoever for the content of the offers, in particular for compliance with legal requirements.

10.3 If gastrify's services are used by unauthorized third parties using the Customer's access data, the Customer is liable for the resulting charges within the scope of civil-law liability until receipt of the Customer's order to change the access data or the report of loss or theft, provided that the Customer is at fault for the unauthorized third party's access.

10.4 gastrify is entitled to immediately block access to the Portal or to individual data and functions if there is a justified suspicion that the stored data is unlawful and/or infringes the rights of third parties. A justified suspicion of unlawfulness and/or an infringement exists in particular if courts, authorities and/or other third parties inform gastrify thereof. gastrify must inform the Customer of the block and the reason for it without delay. The block must be lifted as soon as the suspicion has been dispelled. The same applies if the Customer does not meet its obligations, e.g. to pay for premium functions.

10.5 gastrify is not liable for the loss of data insofar as the damage is due to the Customer having failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.

11. Prices and terms of payment

11.1 The Customer undertakes to pay gastrify the agreed fee plus statutory VAT for the provision of the Application. Unless otherwise agreed, the fee is based on the price list at gastrify.de valid at the time the contract is concluded.

11.2 The agreed fee is generally payable in advance using the means of payment specified in the Portal. In individual cases – e.g. if the fee is secured by a credit card stored in the Portal – gastrify may waive advance payment. In this case, the fee is collected monthly. gastrify sends the Customer the invoice in electronic form (email, download).

12. Data protection

12.1 gastrify processes the personal data transmitted by the Customer in connection with the contract (e.g. master data, names and contact details of contact persons) in accordance with the privacy policy.

12.2 In addition, gastrify will regularly contact the Customer or its employees with special information about its range of services, further service packages and current information relating to gastrify's offering. The legal basis for this processing is gastrify's legitimate interest in marketing and promoting its own products to existing customers pursuant to Art. 6 (1) sentence 1 (f) GDPR. The recipient has the right to object to the use of their personal data for this purpose at any time.

12.3 The processing of End Customers' personal data is governed by the supplementary data protection agreement.

13. Term and termination

The contract is concluded for an indefinite period. The contractual relationship begins when the contract is concluded and can be terminated by either party at any time with effect from the end of the month.

14. Limitation of liability

14.1 Claims of the Customer for damages are excluded. Excepted from this are claims for damages by the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damage based on an intentional or grossly negligent breach of duty by gastrify, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

14.2 In the event of a breach of essential contractual obligations, gastrify is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless the claims for damages by the Customer arise from injury to life, body or health.

14.3 The limitations of sections 14.1 and 14.2 also apply in favor of gastrify's legal representatives and vicarious agents if claims are asserted directly against them.

14.4 The limitations of liability resulting from sections 14.1 and 14.2 do not apply if gastrify has fraudulently concealed the defect or has assumed a guarantee for the quality of the results. The same applies if gastrify and the Customer have agreed on the quality of the Application. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

15. Set-off/right of retention

15.1 The Customer is only entitled to rights of set-off if its counterclaims have been legally established, are undisputed or have been expressly acknowledged by gastrify.

15.2 The Customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

16. Reference

Unless otherwise agreed, gastrify is entitled to use the Customer's name and logo as well as images and information about its product range for the purpose of advertising the Application.

17. Final provisions

17.1 Any amendments and additions to the contract must be made in text form. This also applies to any waiver of this text form clause. No verbal side agreements have been made.

17.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

17.3 If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between gastrify and the Customer is Dortmund. Unless otherwise stated in the offer, the place of performance is Dortmund.

Contact

Curry Masala Holding GmbH
Gerstenstr. 2
44139 Dortmund, Germany
Email: gastrify@gastrify.de