Terms of Use

Version 2026-08-28.2 · Last updated 28 Aug 2026

These Terms of Use govern the use of Kymiro by venues, sales partners and venue staff. Kymiro digitises the voice of the guest: the app transmits order requests and service requests. Recording them properly, issuing documents and settling them in the POS system remains the duty of the venue.

1. Scope and contracting party

The service Kymiro is provided by NT Investments UG (haftungsbeschränkt), Germany (the "provider", "we"). These Terms apply to every use of the Kymiro back office, the partner area, the staff area and the guest menu. Kymiro is offered to businesses (B2B, § 14 BGB); the account holder confirms that the account is used for professional purposes. Conflicting or supplementary terms of the customer do not apply unless we agree to them in writing. Contact and full company details are shown in the imprint.

Contract languages are English and Greek; where versions differ, the English text prevails.
Guests use the digital menu without an account and are not parties to this contract.

2. What Kymiro does

Kymiro shows the venue's digital menu, transmits guest order requests to the venue's team and forwards service requests such as calling a waiter. Every amount shown to a guest is the value of the guest's selection — it is never a demand for payment and never an official document.

Kymiro is not a point-of-sale (POS) or cash register system.
Kymiro performs no fiscal recording, no fiscal signature, no reporting to tax authorities and issues no receipts or invoices to guests.
Kymiro does not sell food, drinks or any other goods, and does not act as a commercial agent of the venue towards the guest.

3. Duties of the venue: recording every request in the POS

It is the venue's own responsibility to record each transmitted request diligently and without delay in its own POS/cash register system, to issue the legally required document to the guest and to settle the transaction. We digitise the guest's voice; the fiscal and accounting duties stay entirely with the venue.

Germany: proper cash management including § 146a AO, the Kassensicherungsverordnung (certified technical security device), the receipt obligation (Belegausgabepflicht) and the reporting duties for electronic recording systems.
Greece: transmission of the retail document to myDATA and use of a compliant fiscal mechanism / e-send obligations under Greek tax law.
Correct prices, VAT rates, allergen and additive information (Reg. (EU) No 1169/2011), alcohol and youth protection rules, unit prices and price display duties.
Availability, opening hours, hygiene, food safety and the quality of what is served.
Kymiro provides no tax, legal or accounting advice and assumes no liability for the venue's compliance with these duties.

4. Guest, venue and the platform

A request submitted through Kymiro is an invitation by the guest to the venue. Any contract about food, drinks or services is concluded exclusively between the guest and the venue. The venue decides whether to accept, adjust or decline a request. Kymiro never becomes a party to that contract and owes guests no delivery, refund or warranty.

Complaints, goodwill, refunds and warranty claims of guests are handled by the venue.
Amounts shown in the guest overview are preliminary; the venue's own system is authoritative.

5. Accounts, roles and permissions

Back-office accounts are personal and must not be shared. Access is granted by the venue through invitations and can be withdrawn by the venue at any time. Every account holder is responsible for keeping credentials confidential and for all actions taken under their account, and must report suspected misuse to info@kymiro.com without delay.

Owner: full control over the venue, its menu, team, package, billing and POS settings; can transfer or delete the venue.
Manager: day-to-day management of menu, requests, spots and team — no access to package, billing or POS compliance settings.
Staff (waiter, kitchen, bar, station): day-to-day operations only; no settings, no package, no billing.
Sales partner (setup): sets up menu, QR codes, tariffs and branding; no access to day-to-day operations, billing or guest data beyond what setup requires; support access can be switched off by the venue at any time.
Platform administrators of the provider access venue data only for support, security and legal reasons, documented in the audit log.
Suspending a staff account removes access without deleting the person's account; removing a member only cuts the link to the venue.

6. Packages, prices and taxes

Kymiro is offered in packages. Prices are annual, exclusive of statutory VAT, and are stated in euro.

Digital Menu — EUR 129 per year: digital menu, QR codes, translations, smart menu, discounts and sold-out control.
Digital menu & Requests — EUR 239 per year: everything in Digital Menu plus order and service requests, stations, staff accounts, multiple spots, tariffs and analytics. Guests pay the venue on site; no payment is processed through Kymiro.
Ordering & Payments — announced at 3.5% + EUR 0.25 per guest payment: not yet available ("coming soon"). It cannot be booked and creates no claim until we release it and agree separate payment terms.
All prices are net prices; VAT is added at the statutory rate. Customers in Germany pay 19% VAT. For business customers in another EU member state with a valid VAT ID, the reverse-charge procedure applies (0%). For customers in the EU without a VAT ID, the rate of their member state applies (OSS scheme). Customers outside the EU are not charged German VAT.
Fair use: the packages are designed for the normal operation of one venue per booking. We may contact the customer about excessive automated use, and AI functions have reasonable volume limits.

7. Term, renewal and termination

The subscription runs for twelve (12) months from activation and renews automatically for further twelve-month periods unless terminated in text form at the latest thirty (30) days before the end of the current term. Termination is possible from the account area or by e-mail to info@kymiro.com.

The right to terminate for good cause remains unaffected for both parties.
Publication requires payment: the menu can be set up free of charge for as long as the customer wishes, but the public guest page and the generation, download and printing of QR codes are only enabled after the first payment.
If a renewal payment fails, the venue stays fully online for a grace period of fourteen (14) days and we send reminders. Once the grace period has expired without payment, the guest page and QR codes are switched off; the fee remains due.
We may change prices for future terms with at least eight weeks' notice before renewal; the customer may then terminate with effect from the end of the current term.
A venue switched off for non-payment is not terminated and nothing is deleted: account, menu, spots, settings, the venue slug and the location codes are kept indefinitely and are never reassigned. As soon as the outstanding invoice is paid, the venue is reactivated automatically and the printed QR codes work again unchanged.
After a termination the guest menu is switched off and QR codes stop resolving; data is deleted only after the retention period described in section 18 or on the customer's request.
The term starts when the package is activated; the renewal fee falls due on the renewal date.

8. Payment terms and refunds

Fees are due in advance for the respective term and are invoiced electronically. Payments are processed by our payment service provider Stripe; the provider's own terms apply to the payment transaction itself.

Payment is due within 14 days of the invoice date unless stated otherwise on the invoice.
In case of default we may charge statutory default interest and reasonable dunning costs.
There is no pro-rata refund of fees already paid for a running term, including after termination, suspension for breach or account deletion by the customer.
If we terminate the contract without a reason attributable to the customer, or permanently discontinue the service, we refund the unused part of the prepaid fee pro rata.
Statutory rights in case of defects remain unaffected; a formal right of withdrawal exists only for consumers (see section 20).
Accepted payment methods are card and SEPA direct debit. The mandate is issued through Stripe; direct debits are announced at least two (2) days in advance (shortened pre-notification).
Costs of returned direct debits and chargebacks caused by the customer are borne by the customer.
Package changes during a term: an upgrade takes effect immediately and is charged pro rata; a downgrade takes effect at the end of the current term.
Invoices and commission credit notes are provided electronically only: they are made available in the account area and by e-mail, and are retrievable there for the statutory retention period. Paper documents are not sent.
If the payment provider is unavailable, payment and payout dates may shift. This does not suspend the payment obligation; delays caused solely by a provider outage are not treated as default of the customer or of us.

9. Sales partners

Sales partners introduce venues to Kymiro, set them up and stay their local contact. A partner acts as an independent business — the partnership creates no employment, agency by law, joint venture or exclusive territory.

Commission is 25% of the net package revenue actually received from the venue, after deduction of payment processing costs, for as long as the venue's subscription continues, including renewals.
Commission arises only after the venue has paid; cancelled, refunded, charged-back or uncollectible amounts are reversed against future commissions.
Payouts are planned via Stripe Connect. Partners must complete the Stripe onboarding including identity, KYC/AML and payout data; without completed onboarding no payout can be made. Stripe's Connected Account Agreement applies in addition.
Partners are responsible for their own taxes, social security and invoicing duties and confirm that they are entitled to act as an independent business.
Partners must not make misleading claims about Kymiro, must not promise features that do not exist, must not use spam or cold-call practices in breach of § 7 UWG, and must not register venues without their informed consent.
A partner's setup access to a venue is limited to setup functions and to support access enabled by the venue. Partner accounts may be suspended and commissions withheld in case of a material breach.
A commission becomes due for payout fourteen (14) days after the venue's payment has been received — a buffer for refunds, returned direct debits and chargebacks. After that it is transferred automatically in the nightly payout run, in euro, via Stripe Connect; without completed onboarding the amount stays on hold until onboarding is finished.
Self-billing agreement: the partner instructs us to settle commissions by credit note issued in the partner's name and on the partner's behalf (§ 14(2) UStG, Art. 224 of Directive 2006/112/EC, Greek self-invoicing). The partner therefore issues no invoice to us for commissions. Every credit note is provided in the partner area and can be downloaded and printed there.
The partner may object to a credit note in text form within thirty (30) days of it being made available; upon objection the credit note loses its effect as a settlement document and both parties agree on a corrected settlement. Objections to a commission statement must likewise be raised within thirty (30) days.
The partner keeps their tax details up to date — standard taxation, small-business scheme or reverse charge, net ID — and notifies changes without undue delay. The partner is responsible for the accuracy of these details; the credit note is issued on their basis.
Commissions already paid out that are later refunded, charged back or reversed are set off against future commissions and, where no set-off is possible, repaid by the partner.
The partnership may be terminated by either party at any time in text form. Commissions for venues already introduced continue until the end of the term already paid for; after that no further claim arises. Terminated or suspended partners keep access to their existing credit notes.

10. Guest payments (future package)

If and when the Ordering & Payments package becomes available, Kymiro will act only as a technical intermediary. The recipient of a guest payment remains the venue; refunds, chargebacks and guest disputes are handled by the venue. Separate payment terms, a payment service provider agreement and the applicable fees will be presented before activation.

Until then no guest payment is processed by or through Kymiro.

11. Binding orders in the Digital Menu & Orders package

In the Digital Menu & Orders package a guest order is a binding offer to the venue, not a mere request. Directly before confirming, the guest sees the prices, fees and availability as checked by the server; if anything changed in the meantime, nothing is sent until the guest confirms the change. The contract comes about when the venue, its staff or the connected POS system accepts the order. Guests can withdraw an order only as long as the venue has not picked it up; after that a cancellation is at the venue's discretion. For food and drink prepared for immediate consumption there is no statutory right of withdrawal. This section is pending review by legal counsel before go-live in each country.

Prices, allergen information and availability come from the venue, which keeps them up to date.
Kymiro only transmits orders and never becomes a party to the contract between guest and venue.
Until in-app payments are released, guests pay at the venue in cash or by card.

12. Acceptable use

The customer may use Kymiro only for its own hospitality operation and within the law. The following is prohibited:

Reverse engineering, decompiling, automated scraping, load testing or circumventing technical limits and access controls.
Uploading unlawful, infringing, misleading or offensive content, or content that violates the rights of third parties.
Using the platform to send unsolicited advertising or to process personal data of guests for unrelated purposes.
Sharing accounts, reselling access, or granting access to persons who are not authorised by the venue.
Probing or attacking the security of the platform; responsible disclosure is welcome at info@kymiro.com.

13. AI-assisted functions

Kymiro offers AI-assisted translation, menu import, tagging and image generation. These functions are aids: results can be incomplete or wrong and must be reviewed by the venue before publication.

The venue remains responsible for the accuracy of names, descriptions, prices, allergens and any legally required information — also in translated versions.
AI-generated product images are marked as such in the guest view and must not be used to misrepresent a dish.
Content submitted to AI functions is processed by our sub-processors listed on the subprocessors page.
Product images generated with Kymiro's AI tools may be reviewed by Kymiro and added to the shared Kymiro image library, where other businesses may use them free of charge. Images you upload yourself are never added to the library.

14. Content and intellectual property

The venue remains the owner of its own content (menu texts, images, logo, branding) and grants us a non-exclusive, worldwide licence to host, adapt technically, translate and display that content for the sole purpose of operating the service for the venue. The venue warrants that it holds the necessary rights and indemnifies us against third-party claims arising from its content.

All rights in the Kymiro software, design, brand and documentation remain with the provider. No rights beyond the contractual use are granted.
We may name and show the venue as a reference only with its prior consent, which can be withdrawn at any time.
The "Powered by Kymiro" notice in the guest view is part of the free positioning of the service and may be shown.

15. Availability, support and changes to the service

We operate the platform with due care and aim for high availability, but do not owe a specific uptime figure. Maintenance is carried out where possible outside peak hours and announced in advance where it causes downtime.

Support is available by e-mail at info@kymiro.com; response times are business-day based and no fixed reaction time is agreed.
The venue keeps a fallback for outages (for example a printed menu and normal verbal ordering) — the operation must never depend solely on the platform.
We may develop the service further, add or replace features and retire functions that are no longer maintainable. Material adverse changes to the booked package are announced with reasonable notice and give a right of termination.
Force majeure, outages of upstream providers, DDoS attacks or network failures at the venue are outside our sphere of responsibility.

16. Liability

We are fully liable for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee. In cases of slight negligence we are liable only for the breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies), limited to the typical, foreseeable damage, and in total limited to the fees paid for the twelve months before the damaging event.

We are not liable for lost profit, missed guest revenue, tax penalties or fines resulting from the venue's own recording, receipt or reporting duties.
The customer is responsible for keeping its own records; we are liable for data loss only up to the effort that would have been required to restore data from properly maintained back-ups.
Any further liability is excluded. The above limitations also apply to our legal representatives, employees and vicarious agents.

17. Data protection and processing on behalf of the venue

For guest data processed through the platform, the venue is the controller and we act as processor. The data processing agreement forms part of this contract and is accepted together with these Terms. Details of purposes, storage periods, cookies and sub-processors are described in the privacy policy, the cookie policy and the sub-processor list.

The venue must display the mandatory information to guests and only collect what the operation actually needs.
We process personal data inside the EU/EEA wherever possible; transfers to third countries take place only under the safeguards named in the sub-processor list.
We notify the venue without undue delay about a personal data breach affecting its data.

18. E-mails, notifications and newsletter

Transactional e-mails are part of the service and cannot be unsubscribed while the account exists: sign-up confirmation, password reset, security notices, staff invitations, invoices and important service information. They are sent from the domain notify.kymiro.com in the language of the recipient.

Marketing e-mails and the product newsletter are sent only with a double opt-in confirmation; the confirmation, its time and the IP address are logged as proof of consent.
Every marketing e-mail contains a one-click unsubscribe link; withdrawal is possible at any time without cost and with no effect on the service.
We may inform existing customers about similar own services under § 7(3) UWG; objection is possible at any time at info@kymiro.com.
The venue must not use Kymiro to send advertising to guests.

19. Account deletion, retention and legal hold

The account area lets every user export their personal data (Art. 15 and 20 GDPR) and delete the account in a three-step confirmation (Art. 17 GDPR). Deletion ends access to every venue, closes a partner profile and withdraws open staff invitations. It is not possible while the user is the only owner of an active venue.

Data that belongs to the venue (menu, transmitted requests, business records) stays with the venue and is removed on the venue's own retention schedule.
After an erasure we keep pseudonymised proof only where the law requires it: acceptance of the agreements (10 years), accounting records for the package (10 years, § 147 AO, § 257 HGB), proof of the erasure itself (3 years). No name, e-mail address or phone number is retained.
While a matter is pending — an open invoice, a dispute or a request by an authority — a legal hold suspends deletion and automated clean-up; the data is restricted to that purpose and removed as soon as the matter ends.
Deletion is final: accounts, venues and their history cannot be restored. Outstanding fees remain due.

20. Changes to these Terms

We may amend these Terms where necessary to reflect new features, legal requirements or changed circumstances. We announce changes at least six weeks before they take effect by e-mail or in the app.

For material changes we ask for an active confirmation at the next sign-in; without confirmation the account cannot continue to be used.
For non-material changes, continued use after the notice period counts as acceptance; we point this out in the notice.
If the customer objects, either party may terminate with effect from the date the change takes effect.

21. Consumer information, dispute resolution and final provisions

Kymiro is offered to businesses. Where a user exceptionally acts as a consumer, the statutory consumer rights apply, including the 14-day right of withdrawal for distance contracts (which expires early for digital services once performance has begun with the consumer's express consent and acknowledgement of the loss of the withdrawal right).

EU online dispute resolution platform: https://ec.europa.eu/consumers/odr. Our e-mail address is info@kymiro.com.
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
Consumers in Greece may also contact the Consumer Ombudsman (Συνήγορος του Καταναλωτή) and the General Secretariat for Commerce and Consumer Protection (1520).
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods; for consumers the mandatory protective provisions of their country of residence remain unaffected.
Place of jurisdiction for merchants, legal entities under public law and special funds under public law is the registered seat of the provider in Germany.
Should a provision be or become invalid, the validity of the remaining provisions is unaffected; the invalid provision is replaced by the statutory rule.
Set-off is only allowed with undisputed or legally established claims; assignment of contractual rights requires our consent.

Acceptance

Every user accepts these Terms when creating an account. If we publish a materially changed version, we ask for a new confirmation the next time you sign in.