Terms of use

General information

Welcome to Jamatu. Find out everything about the legal aspects you should bear in mind when using Jamatu, JamOrder, JamWaiter and JamPay.

We offer specialised digital solutions for the restaurant, hotel and hospitality industry. With our products such as JamOrder, JamWaiter, JamPay and JamSpace, we set new standards in process optimisation and digitalisation, from orders and payments to the management of rooms.

Jamatu AG (hereinafter “Jamatu”) provides various services at Jamatu.com and JamPay.ch. By using these services, you agree to these General Terms and Conditions (hereinafter “GTC”).

Jamatu reserves the right to amend the GTC at any time without prior notice. The latest version of the GTC can be viewed at Jamatu.com.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

Jamatu retains all copyrights and other rights to the services. You are not entitled to remove, cover or alter legal notices (e.g. copyright or trademark designations).

By breaching the provisions, you lose your right to use the services and entitle Jamatu to block your user account or your access to our services.

These GTC constitute the entire agreement between you and Jamatu and supersede all previous agreements under this title. Oral side agreements are not valid.

In the event of disputes, an amicable settlement shall be sought wherever possible. Should this not succeed, Swiss law shall apply in all cases, regardless of your location.

The place of jurisdiction is Zurich, Switzerland.

Guidelines for using Jamatu

You agree to use the Jamatu services only in accordance with these provisions and the legislation relevant to you.

As a user of the services, you must be of legal age or have a certificate from your legal guardians.

Registration is required to create a user account with Jamatu. You are obliged to fill in all information required during registration correctly and truthfully and to keep it up to date. You are also responsible for the security of your password.

You agree not to intentionally disrupt or interrupt the services in any way and not to reproduce, copy, sell or redistribute them.

For service providers

As the holder of a Jamatu user account, you are responsible for ensuring that the content stored does not infringe the rights of third parties and is not offensive. Jamatu reserves the right to review, filter, modify or delete content or accounts within the services.

Appointment bookings that you receive from customers via Jamatu are binding. Should an appointment not be able to be kept, you are responsible for contacting the customer immediately.

For service customers

You undertake to fill in all information required for making an appointment correctly and truthfully. Booked appointments are binding. Should you be unable to keep an appointment, you are responsible for informing the provider in good time; the provider's cancellation terms apply.

Payment terms and prices

You can find the current prices of all services under Pricing. For JamOrder, there is no contract for a specific period of use and no subscription. The fees for JamOrder are only due upon successful placement.

For JamWaiter, table reservations, Jonida and other paid modules, you take out a subscription (see “Subscriptions”). You can also purchase Jonida credits (see “Jonida credits”).

Jamatu reserves the right to change the prices of all services at any time. For ongoing subscriptions, new prices apply from the next renewal. Jamatu cannot be held liable towards you or third parties for price changes.

Subscriptions

You take out paid modules such as JamWaiter, table reservations or Jonida as a subscription per venue. You choose a term of one month, one year or two years. The price for the selected term is payable in advance and is debited from your stored payment method via our payment service provider.

The subscription is automatically renewed for the same term unless you cancel it beforehand. You can cancel at any time with effect from the end of the paid term. Terms already paid for are not refunded. If a payment cannot be made, Jamatu may restrict access to the module concerned.

Only the owner of the venue can take out subscriptions, change the payment method and cancel in OrderAdmin under Account › Billing.

Jonida credits

Jonida, the AI assistant from Jamatu, uses credits for data queries and changes. Questions about how to use the system are free of charge. A data query currently requires 1 credit, a change 5 credits. Jamatu may adjust these values.

Each venue receives a one-time starting balance of 100 credits. It is valid for 30 days, calculated from the first data query or change by Jonida. Questions about how to use the system do not count. With a Jonida subscription, the venue receives a credit balance every month. This balance is only valid for the current month and is not carried over.

In addition, the owner and the management can purchase credit packages. Purchased credits are valid for 24 months from the date of purchase and expire thereafter without compensation. Credits are not refunded, not paid out and cannot be transferred to another venue. The credits that expire earliest are always used first.

Credits belong to the venue and are available to all team members, including the owner. On request, Jamatu can set up a monthly limit per team member for a venue.

Automatic top-up of credits

When the owner purchases a credit package, automatic top-up is preselected. The owner can deselect it before the purchase and switch it off at any time in OrderAdmin under Account › Billing. If automatic top-up is switched on and the venue's balance falls below 10 credits, Jamatu purchases the selected credit package and charges the stored card. By purchasing with automatic top-up preselected or by switching on automatic top-up, you give Jamatu your consent to these charges.

Automatic top-up takes place no more than twice per calendar month. Only the owner can switch on automatic top-up. The same terms apply to automatically purchased credits as to other purchased credits.

Invoices and VAT

You receive an invoice by e-mail for every purchase and every debit. You can also find your invoices in OrderAdmin under Account › Billing.

Jamatu AG is currently not subject to VAT; no VAT is charged. All prices are exclusive of VAT. If Jamatu AG becomes subject to VAT, VAT will be added at the statutory rate.

Payment service providers

Jamatu works with one or more external payment service providers to enable the processing of online payments and card transactions (hereinafter “payment service provider”). Jamatu may change or add to the payment service provider used at any time.

The payment services are subject to the respective terms of use and fee structures of the payment service provider used. The specific conditions are set out in the individual contract between you and Jamatu or the payment service provider.

By agreeing to these GTC, you also accept the applicable terms of the payment service provider used. As a prerequisite for using the payment services, you agree to provide complete and correct information about yourself and your business.

In the event of insolvency or late payment, additional fees may be incurred through a debt collection agency.

Opening of the merchant account: You instruct and authorise Jamatu to open a merchant account with the payment service provider in your name and to submit the necessary verification of your business and of the persons involved (Know Your Customer, KYC). For this purpose, Jamatu may transmit the information and documents you provide to Jamatu (e.g. ID, proof of private address, commercial register extract, bank details) to the payment service provider and, in your name, accept the terms of the payment service provider, confirm the accuracy and authenticity of the information and acknowledge the obligation to report changes. By transmitting the information and documents to Jamatu, you confirm that they are complete, correct and up to date and that you are entitled to pass them on for your business and the persons named.

For the opening and management of the merchant account, Jamatu is the contact party vis-à-vis the payment service provider. Communications from the payment service provider regarding the merchant account may be addressed to Jamatu. Jamatu will inform you if anything is required on your part.

JamTerminals: provision of payment terminals

Within the scope of the contract, Jamatu provides you with payment terminals (hereinafter “JamTerminals”) free of charge. The JamTerminals remain the property of Jamatu or the respective payment service provider at all times.

You are obliged to use the JamTerminals carefully and as intended and to protect them against damage, loss and unauthorised access.

Upon termination of the contractual relationship, you are obliged to return all JamTerminals to Jamatu in perfect condition (taking normal wear and tear into account) within 14 calendar days after the end of the contract. You bear the costs of the return shipment.

In the event of loss, theft or damage to the JamTerminals beyond normal wear and tear, you are obliged to compensate the current value.

Jamatu reserves the right to replace JamTerminals with equivalent or newer models at any time.

Minimum transaction volume

A monthly minimum transaction volume, set out in the individual contract, may apply to the use of the payment terminals and payment services provided via Jamatu.

If the agreed minimum transaction volume is not reached in a calendar month, Jamatu is entitled to invoice a fee in the amount set out in the contract (e.g. CHF 50.00 per month). This fee covers the fixed costs of the terminal and payment infrastructure.

Jamatu will inform you in good time about the applicable thresholds and the amount of the minimum fee. Changes will be announced with 30 days' notice.

Compliance obligations

You are obliged to comply with all regulatory requirements applicable in connection with the use of the payment services. These include in particular:

Know Your Customer (KYC): You provide all required identification and company documents in good time and keep them up to date.

PCI DSS compliance: You undertake to comply with the applicable requirements of the Payment Card Industry Data Security Standard (PCI DSS) and not to store or process any card data outside the systems intended for this purpose.

Chargebacks and reversals: You bear the responsibility and the costs for chargebacks (reversals by cardholders) attributable to your transactions. Jamatu is entitled to pass on chargeback fees to you in accordance with the conditions of the payment service provider.

In the event of repeated breaches of compliance obligations, Jamatu reserves the right to restrict or terminate the payment services.

Limitation of liability for payment service providers

Jamatu gives no warranty for the uninterrupted availability, freedom from errors or security of the payment services provided by third parties.

Jamatu is not liable for damage caused by outages, delays or errors of the payment service provider, unless Jamatu caused the damage through gross negligence or intent.

Claims in connection with the payment services must primarily be asserted against the respective payment service provider.

Cookies

Jamatu uses cookies to make the website user-friendly. Cookies do not contain any personal information and cannot be used for identification. Certain functions of the website may not be available if cookies are disabled. You can find more information in our privacy policy.

Plugins and integrations

Jamatu optionally provides plugins and integrations to simplify use. A plugin is software that can be downloaded and installed and that provides access to calendar and address book information, which is used exclusively for the intended purpose.

Advertising

Jamatu reserves the right to place advertisements on the website or in e-mails. These are controlled automatically and are based on information such as language, IP address or survey content. Control is exclusively automated.

Disclaimer

Jamatu gives no warranty that the services meet your requirements and are available at all times. Jamatu is not liable for direct or indirect damage arising from the use or non-use of the services.

Jamatu provides technical support exclusively by e-mail on a “best effort” basis, but gives no guarantee for the availability of support.

Jamatu reserves the right to adapt or discontinue the services at any time and to add new services. Your continued use of the services after such changes is deemed tacit acceptance of the changes.