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Gastronomika Mobile Application

Terms and Conditions of Use

Effective Date: 24/10/2025
Version: 1.1

ENGLISH VERSION — Terms and Conditions of Use

1. Introduction

These Terms and Conditions ("Terms") govern access to and use of the Gastronomika mobile application (the "Application" or "Service"), operated by Swiss Digital Cellar GmbH, a company registered under the laws of Switzerland, with its principal place of business at Zielweg 67, 8055 Zürich, Switzerland ("Gastronomika," "we," "us," or "our").

By downloading, accessing, or using the Application on any platform (including the Apple App Store or Google Play Store), you ("User," "you," or "your") agree to be legally bound by these Terms, which constitute a binding agreement between you and Gastronomika. If you do not agree, you must not use the Application.

2. Scope of the Application

The Application is a digital platform that allows Users to rate, review, and express opinions on food products, food shops, and food manufacturers. Users may upload text, ratings, and images associated with these reviews.

The Service is intended for informational and entertainment purposes only and does not provide professional food safety, nutritional, or health advice.

The Service is available globally, including but not limited to Switzerland, the European Union, and the United States.

3. Eligibility

Use of the Application is subject to the following minimum age requirements:

  • Users located within the European Union and Switzerland must be at least sixteen (16) years of age.
  • Users in other jurisdictions must be at least thirteen (13) years of age and, where required, have obtained verifiable parental or guardian consent if under eighteen (18).

If you are under the legal age to enter binding agreements in your jurisdiction, you must have parental or guardian consent to use the Application.

4. Account Registration and Management

  • You must provide accurate, current, and complete information during account registration and are solely responsible for safeguarding your login credentials.
  • You must promptly notify Gastronomika of any unauthorized use of your account.
  • Gastronomika reserves the right to suspend, deactivate, or terminate any account at its sole discretion and without notice, including for violations of these Terms.
  • Upon account deletion, Gastronomika may retain limited data as required for legal, compliance, or fraud prevention purposes in accordance with applicable law.

5. User-Generated Content

  • Users may post reviews, ratings, text, images, and other materials ("User Content").
  • Users retain all ownership rights to their User Content. However, by uploading or submitting it, you grant Gastronomika a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise utilize the content in connection with the Application and its promotional activities.
  • You confirm that your User Content does not infringe on any third-party rights (including copyright, trademark, or privacy), is not defamatory, obscene, abusive, discriminatory, misleading, or unlawful, and complies with all applicable laws and regulations.
  • Users with professional, commercial, or financial ties to any food brand, store, or manufacturer must disclose such connections and may not post biased or deceptive content.
  • User Content may be publicly visible within the Application, and you acknowledge that other users may view, share, or rely on it at their own risk.
  • Gastronomika reserves the right, but not the obligation, to monitor, edit, remove, or limit access to any User Content at any time and without prior notice.
  • Users are solely responsible for their own content and agree to indemnify and hold harmless Gastronomika from any claims arising from it.

Image Upload Guidelines

You may upload images of food products to share with other users. By doing so, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute such content within the app and related services, solely for the purpose of operating and promoting the service. Do not upload any content containing faces, identifiable persons, or personal data. Uploaded content may be visible to other users. We reserve the right to remove any content that violates these terms or applicable law.

If you believe that any content infringes your rights, you may submit a notice under our Copyright and Takedown Procedure by contacting us at info@gastronomika.app.

6. Intellectual Property and License Restrictions

  • Except for User Content, all materials provided through the Application—including but not limited to text, graphics, design, layout, software code, and trademarks—are the exclusive property of Gastronomika or its licensors and are protected by applicable intellectual property laws.
  • Third-party trademarks, logos, and brand names appearing in the Application are used solely for identification purposes and remain the property of their respective owners.
  • Users shall not reproduce, copy, distribute, publicly display, modify, create derivative works from, or otherwise exploit any content from the Application except as expressly permitted by these Terms or with written permission from Gastronomika.

7. Subscription Services

Certain features of the Application may be offered through subscription-based services. These services are governed by a separate Subscription Policy, which outlines payment terms, renewal conditions, cancellations, and refunds. Use of such features constitutes acceptance of that Subscription Policy.

8. Privacy

Your use of the Application is subject to our Privacy Policy, which explains how personal data is collected, processed, and protected. You must read and accept the Privacy Policy before using the Application.

9. Technical Requirements and Service Availability

  • Use of the Application requires a compatible device, internet connection, and regular updates. Gastronomika makes no guarantees regarding device compatibility.
  • The Application may be temporarily unavailable due to maintenance, system updates, or technical interruptions. Gastronomika assumes no liability for such unavailability.
  • Data charges or network fees incurred through your mobile carrier are your sole responsibility.

10. Disclaimers and Limitation of Liability

  • The Application and its content are provided on an "as is" and "as available" basis without any warranties, express or implied.
  • Gastronomika does not guarantee the accuracy, reliability, or completeness of any User Content. Users rely on such content at their own risk.
  • Gastronomika shall not be liable for any harm, loss, or damage—financial, reputational, or otherwise—resulting from User Content or any interactions between Users and third parties.
  • To the maximum extent permitted by law, Gastronomika disclaims all liability for indirect, incidental, consequential, or punitive damages, including loss of profits or goodwill.
  • In any case, Gastronomika's total aggregate liability arising out of or in connection with these Terms shall not exceed the total amount paid by the User (if any) for use of the Application during the twelve (12) months preceding the claim.
  • Users agree to indemnify and hold harmless Gastronomika, its officers, directors, employees, and agents from and against any claim, demand, or damage arising out of their use of the Application or violation of these Terms.

11. Third-Party Services and Links

  • The Application may contain links to or integrations with third-party websites, applications, or services. Gastronomika is not responsible for and does not endorse any third-party content, policies, or practices.
  • Use of third-party services is governed by their own terms and policies. Users are responsible for reviewing and complying with such terms.
  • Gastronomika is not liable for any third-party errors, outages, or data breaches.

12. Dispute Resolution and Governing Law

  • These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict-of-law principles.
  • Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the competent courts in Zürich, Switzerland.
  • Users located in the United States agree that disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) and waive the right to participate in any class or collective action. U.S. users may opt out of arbitration within 30 days of account creation by contacting info@gastronomika.app.
  • EU and Swiss Users retain their statutory rights, including the ability to submit disputes through the EU Online Dispute Resolution (ODR) platform where applicable.

13. Termination

  • Gastronomika may suspend or terminate User accounts at any time, with or without notice, including where a User violates these Terms.
  • Users may delete their accounts at any time through the Application or by contacting support. Upon termination, public User Content may remain visible unless and until deleted by Gastronomika for legal or technical reasons.

14. Modifications to the Terms

  • Gastronomika reserves the right to modify or update these Terms at any time.
  • Material changes will be communicated through the Application or by email at least 30 days prior to becoming effective.
  • Continued use of the Application after the effective date constitutes acceptance of the revised Terms.

15. Contact Information

For questions or support regarding these Terms, please contact us:

Email: info@gastronomika.app

Address: Swiss Digital Cellar GmbH – Zielweg 67, 8055 Zürich, Switzerland

Website: www.gastronomika.app

16. Language Versions

The Application and these Terms may be made available in multiple languages for user convenience. In the event of any inconsistency or conflict between translated versions, the English version shall prevail and be deemed the authoritative and legally binding version.