Terms of Service

This document governs the use of the Catermink web service, user accounts and the paid subscription. We have tried to write it so that it is understandable even without legal training.

Catermink provides catering companies with an online tool for managing inquiries, quotes, clients, shifts, menus and related administration. The catering service itself, however, is always provided to the customer by a specific catering company. Catermink is not a party to the catering contract and does not guarantee its performance.

I. Basic provisions

1. The Catermink service is operated by our company fauni.to s.r.o., Company ID (IČ) 23796383, with its registered office at Nové sady 988/2, 602 00 Brno, Czech Republic.

   You can contact us at hello@catermink.com

2. The service is intended only for entrepreneurs and other organisations that use it in connection with their business or professional activity. We refer to these entities as customers. The service is not primarily intended for consumers. The person who creates the account or orders the subscription confirms that they are authorised to act on behalf of the customer.

3. Catermink is cloud software available in a web browser. Depending on the selected plan, it makes it possible, in particular, to receive and manage inquiries, create and send quotes, keep records of clients and menus, plan shifts, work with a calendar, prepare invoicing documents and view overviews.

4. The exact scope of features follows from the current description of the selected plan in the account or in the price list. Demos, planned features and marketing materials are not a promise of any feature that is not expressly listed in the selected plan.

5. Inquiries, quotes and documents created through Catermink are communication between the customer and its client. The customer is responsible for their content, price and use, as well as for the delivery of the event, invoicing and any complaints about the catering services.

6. Catermink, its software, design, database structure, texts, graphics, trademarks and documentation are protected by intellectual property law. For the term of the contract, the customer obtains a non-exclusive, non-transferable and non-sublicensable right to use the service online for its own internal business and for the number of users permitted by the plan.

7. No source code or ownership right is transferred. Statutory rights of an authorised user of a computer program that cannot be excluded by contract are not affected; otherwise, the restrictions under these terms and the Czech Copyright Act apply.

8. We may use suggestions and feedback free of charge to develop the service, but we may not disclose the customer’s confidential information or its protected content without consent.

9. We send contractual and operational notices to the account or to the administrator’s e-mail. The customer ensures that it is kept up to date and checked regularly. A notice is deemed delivered on the business day following its dispatch, unless earlier delivery or technical non-delivery is proven.

10. We send marketing communications only to the extent permitted by the applicable laws, and each of them allows a simple unsubscribe. Unsubscribing from marketing does not apply to necessary contractual, payment and security messages.

II. Conclusion of the contract

1. The contract for the use of Catermink is concluded upon completion of registration, during which the customer confirms these terms. If the customer activates a paid plan, the contract is extended by a paid subscription at the price and for the period displayed before confirmation.

2. Before submitting the registration or order, the customer may check and correct the data entered.

3. The contract is concluded electronically in the Czech language. Its content consists of the order, these terms, the selected plan and any individual offer.

4. An individual written agreement takes precedence over these terms; these terms take precedence over the general description on the website.

5. We keep the contract on record electronically and, upon request, will make its currently recorded version available to the customer.

6. We may refuse a registration in particular if the data are clearly incorrect, the applicant is not an entrepreneur, has previously seriously misused the service, or if providing the service would be unlawful or pose a security risk.

7. The contract for the use of Catermink lasts from registration until the entire account is cancelled. The paid subscription lasts for the selected monthly or annual period and renews automatically until the customer cancels it.

8. The customer may cancel the paid subscription at any time in the user account or at hello@catermink.com. Cancellation of the subscription takes effect at the end of the period already paid for, and no further payment will be made. Until the end of that period, the customer may continue to use the paid features. Cancelling the subscription does not automatically cancel the entire account or the contract for the use of Catermink.

9. After the subscription ends, the account switches to passive mode. The customer can log in and export supported data for 12 months but cannot use the paid features. After this period, we delete or anonymise the account and its content, usually within 30 days, except for data that we must retain under the law or reasonably need to protect legal claims. An individual agreement may set a different period.

10. The customer may also request complete cancellation of the account and termination of the contract, either through the relevant function in the account or at hello@catermink.com. The request may be submitted by the main administrator of the account or by another person who proves their authorisation to act on behalf of the customer. We will confirm receipt of the request electronically. We will then delete or anonymise the account and its content, usually within 30 days; in such a case, the twelve-month passive mode does not apply. We may continue to retain certain data if required by law or if reasonably necessary to protect legal claims. Cancelling the account before the end of a period already paid for does not give rise to a refund of the price paid, unless these terms, an individual agreement or the law provide otherwise.

III. User account and plans

1. The customer designates at least one administrator, one of whom is registered as the main administrator of the account. An administrator may invite other users and set their roles and permissions. The main administrator may additionally manage the subscription, request complete cancellation of the account and designate another main administrator. Acts of administrators and other users performed within their permissions are deemed to be acts of the customer. A request may be submitted by an administrator of the account or by another person who proves their authorisation to act on behalf of the customer.

2. Registration and billing details must be true, complete and up to date.

3. Each user uses their own account. Login credentials are not shared.

4. The customer is responsible for setting roles correctly, removing access of former staff and for the activity of persons to whom it has granted access.

5. Any suspected misuse of the account or leak of login credentials must be reported without delay to hello@catermink.com.

6. We may require reasonable verification of identity, of authorisation to act on behalf of the customer, or of account security. The customer must not circumvent technical security measures.

7. A new customer may, according to the current offer, use a 90-day trial period. Registration alone, without a payment card, does not activate a paid subscription or recurring payments. After the trial ends, the customer chooses a paid plan, or the account switches to passive mode.

8. Prices, billing periods and VAT information are displayed before the plan is activated.

9. The monthly or annual subscription is paid in advance and renews automatically until the customer cancels it.

10. Payments are processed by Stripe. Details are set out in the separate Recurring Payment Terms, which form part of the contract.

11. We make tax documents available electronically. The customer agrees to electronic invoicing.

12. In the event of late payment, we may reasonably retry the payment, restrict paid features or switch the account to passive mode. The obligation to pay the amount due does not cease as a result.

13. We always display a change of plan, its effective date and any pro-rata charge before confirmation. A change to the public price list does not affect a period already paid for; for the next period, we proceed in accordance with these terms.

14. We may temporarily suspend the account to the extent necessary in the event of an unpaid price, a security risk, unlawful use or a material breach of the contract. If a remedy is possible and there is no risk of imminent harm, we will first notify the customer and give it a reasonable period to remedy the situation. During a justified suspension of the account for reasons on the customer’s side, the subscription continues to run and the customer is not entitled to a refund or a pro-rata reduction of the price paid.

15. We may terminate the contract with immediate effect in the event of a serious or repeated breach, misuse of the service, the customer’s insolvency, a legal prohibition or a necessary discontinuation of the service. For another operational reason, we may terminate it with a notice period of at least 30 days; in such a case, we will refund the pro-rata part of the price paid in advance for the period after termination. Termination does not affect payment obligations and claims that have already arisen, or provisions that by their nature are intended to survive, in particular those on confidentiality, intellectual property, liability and data protection.

IV. Rules of use

1. The customer may use Catermink only for its own business, within the scope of the selected plan, in accordance with the law and these terms. In particular, the customer must not:

   • make the service available outside its organisation, resell access or allow unauthorised persons to use it;
   • copy, modify, decompile or attempt to discover the source code beyond the extent permitted by law, circumvent restrictions or scrape the service in a way that places a burden on it;
   • upload unlawful, harmful or misleading content, malware, other people’s personal data without a legal basis, or content that infringes the rights of third parties;
   • use the service to send spam, commit fraud, compromise security or for any activity that may harm Catermink, other customers or third parties;
   • carry out penetration or load tests without our prior written consent.

2. If we discover a breach, we may request a remedy, remove or disable access to the content concerned, restrict a specific feature or suspend the account. We act without prior notice where this is necessary for security reasons, by law, to protect a third party or to avert significant damage.

3. Data entered into Catermink belong to the customer or to the persons from whom the customer obtained them. For the term of the contract, the customer grants us a non-exclusive authorisation to technically store, display, back up, convert into the necessary formats and otherwise process the data only to the extent necessary to provide, secure and support the service.

4. The customer is responsible for the lawfulness, accuracy and necessity of the data entered and for obtaining the necessary rights and consents.

5. The customer should not enter data on health, allergies, religion or other special categories of personal data into free-text fields, unless they are genuinely necessary for a specific order and their processing is legally covered.

6. We may create and use on a long-term basis anonymous or aggregated statistics from which neither the customer nor any specific person can be identified, in particular for security, capacity planning and improving the service.

7. The customer may export supported data using the function available in the account. Catermink does not replace the customer’s statutory accounting, tax, HR or document archive; the customer therefore keeps its own copies of the documents it must archive.

8. The features for preparing invoices, quotes and other documents are merely a technical tool. Before using or sending a document, the customer checks, in particular, the accuracy of the data, the price, the VAT rate and amount, the numbering sequence and other statutory requirements. The customer is also responsible for the proper issue, delivery, recording and retention of documents in accordance with the law. Catermink does not provide accounting, tax or legal advice.

9. The features for planning shifts and keeping records of staff display data entered by the customer and do not replace HR or employment-law administration. The customer is responsible for ensuring that the planning and records of work reflect reality and that it complies with the applicable laws when organising work, in particular the rules on working hours, rest periods, records of work, remuneration and occupational health and safety.

10. The customer is responsible for the accuracy and currency of the data on menus, dishes and beverages, in particular their names, prices, composition, quantity, availability and information on allergens or dietary restrictions. The customer ensures that the information provided to clients corresponds to the dishes actually offered and delivered and meets the requirements of food law. Catermink does not check this data for substance, and the use of its features does not replace the customer’s own checks.

11. Before using or sending it, the customer checks every document and other output created through Catermink. Creating or sending a quote, invoice, PDF document, e-mail, overview or calculation does not in itself guarantee its legal, tax, accounting or substantive correctness. The customer is responsible for the final content of the output and for the decision whether to use or send it. This does not affect Catermink’s liability for the proper functioning of its features to the extent agreed in the contract.

12. We operate the service with professional care and strive for its secure and stable operation. However, we do not guarantee uninterrupted availability or error-free operation, unless otherwise agreed in an individual SLA.

13. The service may be temporarily unavailable due to maintenance, an update, a security incident, a supplier outage or circumstances beyond our reasonable control.

14. We will try to announce planned significant downtime in advance, if circumstances permit.

15. We may continuously modify and improve features. We will not remove a material paid feature without reasonable compensation, a price reduction or the option to terminate the subscription before the change takes effect.

16. Features marked as beta, test or upcoming may be incomplete, changed or discontinued.

17. Some features may build on third-party services, such as Stripe, e-mail services or calendars. Their use may also be governed by the terms of the respective provider. We are not responsible for a separate third-party service or for changes it makes, but we are responsible for the proper selection and integration of suppliers to the extent required by law and our contract.

18. The customer is responsible for the settings of its external account and for the permissions required for the connection. The customer may disconnect an integration at any time; some features may then be unavailable.

19. We provide support through the contacts listed in the account or at hello@catermink.com, to the extent of the selected plan. The customer describes the problem and its impact and, where possible, attaches the steps to reproduce it. We will investigate a properly reported defect without undue delay and, depending on its severity, provide a fix, a workaround or another reasonable remedy.

20. A problem caused by the customer’s internet connection, device or software, an unsupported integration, incorrect settings, user action or circumstances beyond our reasonable control is not considered a defect.

V. Liability of the parties

1. Each party is liable for damage caused by a breach of its contractual or statutory obligations under the Czech Civil Code. Given the business nature of the service, the parties have agreed on the following reasonable limitations:

   • we are not liable for the customer’s catering services or for the substantive accuracy of data, documents and instructions entered by the customer; Catermink’s liability for the proper functioning of its own features is not affected;
   • we are not liable for indirect damage, lost profit, loss of business opportunity or damage to reputation, unless such damage was caused intentionally or through gross negligence;
   • the operator’s total aggregate obligation to compensate for all harm incurred by one customer in any 12 consecutive months will not exceed the price actually paid by the customer for the service in that period.

2. The limitation does not apply where the law does not permit it, in particular to harm caused intentionally or through gross negligence, to harm to a person’s natural rights, or to an obligation that cannot be limited in advance under Section 2898 of the Czech Civil Code. The injured party will take reasonable measures to mitigate the damage.

3. Each party will keep confidential the other party’s non-public business, technical and organisational information and will use it only for the performance of the contract. It may disclose such information to employees, advisers and suppliers who need to know it and are bound by an appropriate duty of confidentiality, or where disclosure is required by law. The obligation does not apply to information that is public, independently developed or lawfully obtained from a third party.

4. The customer is responsible for the content and data it enters into Catermink, as well as for the quotes, messages, documents and catering services it creates, sends or provides through it. If, as a result of a breach of a legal or contractual obligation of the customer, a third party asserts a justified claim against Catermink, the customer will compensate Catermink for the resulting harm and for the costs reasonably incurred in dealing with such claim. This applies in particular to claims relating to:

   • the content of a quote, or the conclusion or performance of a contract for catering services;
   • unlawful, untrue or otherwise objectionable content entered by the customer;
   • processing of personal data without an appropriate legal basis or contrary to the instructions of the data subjects;
   • sending unsolicited or otherwise unlawful commercial communications; or
   • infringement of copyright, trademark rights or other rights of third parties.

   Catermink will inform the customer of such a claim without undue delay and provide it with reasonable cooperation. Catermink will not acknowledge the claim or settle it without prior consultation with the customer, unless immediate action is necessary to limit imminent harm or to comply with a legal obligation.

5. When managing registration, the subscription, support and security, we act as a controller. Details are provided in the Privacy Notice. For data of clients, prospects, staff, suppliers and other persons that the customer enters into Catermink, the customer is the controller and we are the processor. The processing is governed in particular by the Privacy Notice, which forms part of the contract, and takes place in accordance with the legal bases as addressed in that notice.

VI. Final provisions

1. Because this is an online service provided on a long-term basis, we may reasonably change the terms, in particular due to a change in the law, security, technology, suppliers, features or the business model. We will announce a material change at least 15 days in advance, and a price change at least 30 days in advance. We will provide a longer period if the customer reasonably needs it to adapt.

2. If the customer does not agree with a material change, it may terminate the contract without penalty before the change takes effect. A price change applies at the earliest from the next billing period. Changes required immediately by law or to avert a security threat may take effect earlier; we will explain the reason.

3. The contract is governed by the law of the Czech Republic, in particular the Civil Code. Disputes are decided by the Czech courts having subject-matter and local jurisdiction; where procedural law permits, the local jurisdiction of the court is agreed according to the registered office of fauni.to s.r.o.

4. The customer may not transfer the contract or the account to a third party without our consent. We may transfer the contract as part of a corporate transformation or a sale of the business or the service, provided that this does not worsen the customer’s rights.

5. If any provision is invalid or ineffective, the remaining provisions remain in force. The parties will replace it with a rule that is lawful and closest to the original intent.

6. The Czech version is decisive. Contacts, the current price list, the Privacy Notice and the Recurring Payment Terms are available at catermink.com or in the user account.

7. Matters not expressly governed by the contract are subject in particular to Act No. 89/2012 Coll., the Civil Code, as amended; Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), as amended; the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); and Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended.