General terms & conditions

This English translation is provided for information purposes only. Only the German version of this document is legally binding.

These general terms and conditions (the «Terms») govern the contractual relationship between Tailored Intelligence GmbH, Reistelstrasse 294, 5728 Gontenschwil, UID CHE-348.980.291 (the «Provider», «we» or «us») and business customers (the «Customer») regarding the use of the review-management system Trophy and the associated marketing services.

1 · Definitions

1.1 Go-live is the day on which the Provider has activated the Customer’s dashboard access and delivered the personalised review media. The Provider confirms this date to the Customer in writing.

1.2 Contract start is the day the Customer accepts the quotation.

1.3 Location is a business with its own Google Business Profile. Several profiles belonging to the same company count as several locations.

1.4 Service fee is the monthly charge for the booked package, excluding advertising budgets, third-party costs, and separately agreed additional services.

1.5 Active use is defined in clause 7.4.

2 · Scope and subject matter

2.1 These Terms apply to all contracts between the Provider and the Customer regarding the use of Trophy, including the supply of physical media (NFC tags, table cards, etc.) and the marketing services included in the packages.

2.2 Trophy is a software-as-a-service offering that helps hospitality businesses collect Google reviews systematically, motivate service staff, and thereby increase local visibility. The higher packages additionally include the services set out in clauses 5 and 6.

2.3 Trophy is aimed exclusively at business customers. Consumer protection provisions do not apply.

2.4 Deviating terms and conditions of the Customer apply only if the Provider has acknowledged them in writing.

2.5 Order of precedence. In the event of contradictions between contract documents, the following descending order applies:

• individually signed agreements between the parties
• the quotation issued by the Provider and accepted by the Customer
• these Terms
• published package and price descriptions on the Provider’s website

Published package descriptions and price information on the website serve as orientation and establish no claim where the quotation deviates from them. The quotation is decisive for scope of services and price.

3 · Contract formation

3.1 The contract is concluded upon written or electronic confirmation of the booking by the Provider. There is no entitlement to conclusion of a contract.

3.2 When booking a paid package, the Customer warrants that they are authorised to sign for the business concerned.

4 · Services of the Provider

4.1 The scope of services follows from the booked package as set out in the quotation accepted by the Customer. Characteristic services are:

• provision of the Trophy platform with views for staff, owners, and team display
• delivery of custom-produced review media (NFC tags, table cards, displays, optionally further formats)
• connection to the Google Business Profile (access granted by the Customer required)
• onboarding and team training according to package scope
• support in accordance with clause 15.4
• in the higher packages additionally Google Ads services (clause 5), website services (clause 6), and photo production (clause 18)

4.2 The Provider reserves the right to develop the offering further and to add, change, or replace functions, provided the agreed scope of services is maintained in substance.

4.3 External platform components (in particular Google Business Profile and Google Ads) lie outside the Provider’s sphere of influence. Changes to APIs or policies by third parties may affect functionality.

4.4 Media flat rates. The media allowances included in the packages follow from the quotation. The entry package includes a quarterly refresh flat rate up to a material value of CHF 150 per quarter; the higher packages include an extended flat rate up to a material value of CHF 300 per quarter. Orders beyond this are invoiced transparently.

5 · Google Ads services

5.1 Delimitation. Where the booked package includes Google Ads services, the service fee covers creation, management, and ongoing optimisation of the campaigns. The advertising budget (ad spend) is not included and is paid by the Customer directly to Google unless otherwise agreed in writing.

5.2 Accounts. Campaigns are run in a Google Ads account owned by or registered in the name of the Customer. The Provider receives administrative access. On termination, the Provider returns administrative access within 14 days; campaign structure, ad copy, and conversion data remain in the Customer’s account.

5.3 No performance promise. The Provider owes professional campaign management, not a particular advertising outcome. Click prices, reach, conversions, and delivery lie within Google’s control. Clause 16 applies accordingly.

5.4 Responsibility for content. The Customer is responsible for the accuracy of the advertised information (prices, opening hours, availability) as well as for compliance with the Google Ads policies and competition law for the content they have approved.

6 · Website as a Service

6.1 Service. Where the booked package includes website services, the Provider creates and hosts a website for the Customer and keeps its content up to date. Availability and maintenance are governed by clause 15.

6.2 Domain. The domain is registered in the Customer’s name. Where the Provider administers it in trust, the Provider transfers it on termination, upon first request and within 14 days, to the Customer or a provider designated by the Customer.

6.3 Content. Text, images, and the structure of the website remain freely usable by the Customer after termination. The Provider makes a complete export available on request.

6.4 Shutdown. Hosting ends with the contract. The Provider keeps the website reachable for a further 30 days after termination so the Customer can organise the migration. Continued operation beyond that requires a separate agreement.

7 · Customer obligations and active use

7.1 The Customer provides the Provider with all information and access required for the provision of services, in particular:

• administrative access to the Google Business Profile (as «Manager» or «Owner»)
• first and, where applicable, last names of the staff who are to work with Trophy
• current billing address and payment information
• logo, brand guidelines, and where applicable photo material for the production of the media
• where Ads or website services are booked, additionally the required account and domain access

7.2 The Customer ensures that their staff are informed in an appropriate manner about the use of Trophy and the associated processing of their data.

7.3 Active use. Trophy only works if it is used in the business. The Customer therefore undertakes, for the duration of the contract:

• to keep the delivered review media ready for use in a place accessible to guests or staff, and not to store them away
• to equip all staff in guest contact with a personal tag or card and to keep this up to date when staff change
• to take part in the offered onboarding and team training
• to replace damaged or lost media via the free resupply process

7.4 Proof of use. A calendar month qualifies as active use within the meaning of clause 7.3 if at least 30 scans per location were registered via the Customer’s media. The data logged in the Trophy back end is decisive. The Customer can view this data in the dashboard at any time.

7.5 Consequence of non-use. If the Customer does not fulfil the obligations under clauses 7.3 and 7.4, claims under clauses 13 and 14 lapse. The Provider notifies the Customer in writing before the claim lapses and grants a grace period of 14 days. The Customer’s payment obligation remains unaffected.

8 · Prohibited activities

The following activities are expressly prohibited in connection with Trophy. Violations entitle the Provider to block access immediately, to terminate without notice, and to claim damages:

• generating fake, purchased, or otherwise manipulative reviews
• incentives for reviews that violate the Google content policies (e.g. benefits granted exclusively for positive reviews)
• using Trophy for spam, unsolicited mass communication, or phishing
• reverse engineering, decompilation, or unauthorised attempts to access the Provider’s systems or third-party accounts
• publishing defamatory, discriminatory, or unlawful content via Trophy
• pressuring guests to change, remove, or falsify existing reviews in the business’s favour

9 · Review collection and reply guidelines

9.1 Review replies

When using the reply and AI reply functions, the Customer undertakes:

• to reply to reviews professionally, politely, and factually
• to comply with the respective platform’s guidelines for review replies
• not to publish replies containing false statements, threats, or insulting or discriminatory language
• not to publish personal data of the reviewing person

The AI reply function is an assistance system. Responsibility for published replies lies entirely with the Customer.

9.2 Review gating and filtering mechanisms

The Trophy platform offers the optional ability to configure review collection processes that segment guests by their likely satisfaction (so-called «review gating» — e.g. pre-selection or redirection of dissatisfied guests to private feedback channels instead of the public Google review page).

We expressly recommend refraining from this function. Review gating violates Google’s review policies and can lead to the removal of reviews, suspension of the Google Business Profile, or other sanctions by Google.

If gating is activated nonetheless, this is done exclusively at the Customer’s own risk and sole responsibility. The Customer is 100 % liable for all consequences, including platform sanctions, profile suspensions, reputational damage, official measures, or third-party claims. Tailored Intelligence GmbH accepts no liability in this respect.

10 · Professional and competition-law compliance

10.1 The Customer is responsible for ensuring that the use of Trophy, and in particular the manner of obtaining guest reviews, complies with applicable competition and food law as well as any relevant industry-specific advertising guidelines. For customers domiciled in Switzerland, these are in particular the UCA (UWG), the Foodstuffs Act (LMG), and the FIV (LIV).

10.2 For businesses with special industry requirements (e.g. hotels serving alcohol, restaurants holding events subject to permits), responsibility for compliance with the relevant cantonal, municipal, or national regulations lies exclusively with the Customer.

10.3 Tailored Intelligence GmbH provides the technical tool. Responsibility for lawful and ethically compliant application lies with the Customer. In case of doubt, we recommend consulting an industry association (e.g. GastroSuisse, hotelleriesuisse) or legal counsel before use.

11 · Prices, invoicing, and payment

11.1 The prices agreed in the quotation are decisive. All prices are per location, per month, in Swiss francs, and where applicable plus statutory VAT.

11.2 Invoices are issued monthly in advance. Payment is due net within 30 days of the invoice date.

11.3 In the event of late payment, the Provider is entitled to charge default interest of 5 % p.a. (Art. 104 CO) and appropriate reminder fees. After a grace period of 14 days, access to the platform may be blocked without the obligation to pay the agreed fees lapsing.

11.4 The Provider may adjust prices with reasonable advance notice of at least 60 days. In this case the Customer has an extraordinary right of termination effective on the date the price adjustment takes effect.

11.5 For multi-location contracts, discounts are applied in accordance with the quotation (from 2 locations 10 %, from 6 locations 20 % on the total amount).

11.6 Means of payment. Payment is made, at the Provider’s discretion, by invoice or by recurring charge to a payment method stored by the Customer. Where a recurring charge is agreed, the Customer authorises the Provider to charge the service fee monthly in advance.

11.7 Failed charge. If a charge fails, the Provider informs the Customer and repeats the attempt within 7 days. If that attempt also fails, clause 11.3 applies.

11.8 Chargebacks. If the Customer initiates a chargeback without having contacted the Provider beforehand, the Provider may pass on the fees incurred as a result.

12 · Contract term and termination

12.1 Trophy contracts have no minimum term. They renew automatically from month to month until terminated by either party.

12.2 Termination is possible at any time with effect from the end of a calendar month, informally by email to [email protected].

12.3 The right of both parties to terminate extraordinarily for good cause remains reserved.

12.4 After the contract ends, the Customer’s review and staff data is exported on request in a common format and then deleted from the operational systems within 30 days.

12.5 Media after termination. Personalised review media (cards and tags bearing staff names) become the property of the Customer upon delivery. Their digital function ends with the contract; the Provider deactivates the associated links within 14 days of termination.

12.6 Non-personalised displays and stands remain the property of the Provider and must be returned within 30 days of termination. The Provider bears the return shipping costs. Devices not returned may be invoiced at their current value.

13 · 30-day satisfaction guarantee

13.1 For all Trophy packages the Provider offers a 30-day satisfaction guarantee: if the Customer is dissatisfied with the services within 30 days of contract start and notifies this in writing, the Provider refunds the service fees paid for the first month in full. Advertising budgets, third-party costs, and separately agreed additional services are excluded from the refund.

13.2 The prerequisite is that the Customer has fulfilled their obligations to cooperate and to use the service under clause 7. The guarantee applies once per contract and is not transferable.

14 · Performance guarantee

14.1 Where the Provider expressly promises a performance guarantee in a quotation or individual agreement, the following provisions apply in addition. Without an express written promise, no performance guarantee exists.

14.2 Prerequisites. A claim under a performance guarantee exists only if the Customer has fulfilled the obligations to cooperate and to use the service under clause 7 throughout the entire guarantee period, including the usage threshold under clause 7.4 in every month of the guarantee period.

14.3 Start of the period. The guarantee period begins with go-live within the meaning of clause 1.1.

14.4 Measurement. Decisive for target achievement are exclusively those reviews collected via Trophy and publicly visible on the Customer’s Google Business Profile. Reviews that Google removes, filters, or does not display count as not achieved and establish no claim against the Provider; clause 16 remains reserved.

14.5 Assertion. The claim must be asserted in writing within 30 days of the end of the guarantee period. Thereafter it lapses.

14.6 Scope and limit. The claim is limited to the service fees paid for the guarantee period. Advertising budgets, third-party costs, and material costs are excluded. Any promised continuation free of charge is limited to a maximum of 3 months from the end of the guarantee period. Further claims, in particular for damages or lost profit, are excluded.

15 · Availability and support

15.1 The Provider endeavours to achieve the highest possible availability of the platform but does not guarantee uninterrupted operation. A service level agreement going beyond this exists only where expressly agreed in writing.

15.2 Planned maintenance is, where possible, carried out during low-usage periods and announced at least 24 hours in advance.

15.3 Excluded from availability are outages due to force majeure, measures by third parties (e.g. internet providers, hyperscalers, Google API), necessary security interventions, and other circumstances not attributable to the Provider.

15.4 Support. Support is provided by email in the entry package and, in the higher packages, additionally by WhatsApp and telephone. The Provider responds to support requests on business days from 8 a.m. to 6 p.m. (CET/CEST) — within one business day in the entry package and within four hours in the higher packages. In the case of disruptions that make use of the platform impossible, the Provider begins work without delay.

16 · Google platform risks and review disclaimer

16.1 Google is an independent third-party platform. Visibility, persistence, and account status of reviews and profiles lie entirely within Google’s control.

16.2 Tailored Intelligence GmbH expressly accepts no liability for:

• the removal, filtering, hiding, or modification of reviews by Google or third parties
• the suspension, restriction, or deletion of the Google Business Profile, the Google account, or individual Customer content — regardless of the reason
• changes to Google policies, algorithms, spam filters, review moderation processes, or API interfaces
• temporary or permanent unavailability of Google review functions
• loss of reviews, rating history, or profile history
• negative effects on the Customer’s business resulting from Google measures concerning the profile, reviews, or account

16.3 Trophy facilitates review management but does not guarantee the permanence, visibility, or continuous availability of individual reviews or third-party functions.

16.4 The Customer acknowledges that compliance with Google’s review policies and the Google Terms of Service lies within their sole responsibility.

17 · Intellectual property and rights of use

17.1 All rights in Trophy, including software, source code, design, trademarks, texts, and databases, remain with the Provider or the respective entitled licensors.

17.2 For the duration of the contract, the Customer receives a non-exclusive, non-transferable right to use Trophy for their own business operations. Renting, sublicensing, and reverse engineering are prohibited in particular.

17.3 Designs and layouts of the review media produced by the Provider remain with the Provider. Ownership of the physical media is governed by clauses 12.5 and 12.6.

18 · Photo production and image rights

18.1 Customer’s right of use. The Customer receives a simple right to use the photographs produced as part of the package, unlimited in time and territory, for their own marketing purposes. This right continues beyond the end of the contract.

18.2 Provider’s right of use. The Provider may use the photographs to render the contractual services and, subject to clause 24, as a reference.

18.3 Persons depicted. The Customer ensures that all persons depicted — in particular staff and guests — have consented to the production and the intended use before the photographs are taken. The Provider makes a consent form available for this purpose. The Customer indemnifies the Provider against claims by persons depicted; clause 22 applies accordingly.

19 · Data protection and data processing

19.1 The Provider processes personal data in accordance with the separate privacy policy.

19.2 Insofar as the Provider processes personal data of the Customer or their staff on the Customer’s behalf (Art. 9 revFADP / Art. 28 GDPR), the provisions of our data processing agreement (DPA) additionally apply, which is an integral part of this contract. On request we additionally issue a signed copy.

19.3 The Customer remains responsible for the lawful collection and transfer of their staff’s data to the Provider.

20 · Confidentiality

The parties undertake to keep confidential all confidential information received under the contract and to use it solely for the purpose of performing the contract. This obligation continues beyond the end of the contract.

21 · Liability

21.1 The Provider is liable without limitation for damage caused intentionally or through gross negligence.

21.2 In cases of slight negligence, the Provider is liable only for damage that typically and foreseeably results from the breach of contract. In such cases, liability is limited per incident and per year to the amount of three months’ fees under the contract concerned.

21.3 Liability for lost profit, indirect damage, consequential damage, or data loss that could have been avoided by customary backup measures is excluded, unless mandatory law provides otherwise.

21.4 The Provider expressly accepts no liability for measures taken by third parties — in particular not for violations of Google policies by the Customer or their staff, and not for measures taken by Google within the meaning of clause 16.

22 · Indemnification

22.1 The Customer undertakes to indemnify the Provider, its officers, employees, and agents against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and procedural costs) arising out of or in connection with:

• use of Trophy in breach of these Terms
• a breach by the Customer of applicable law, official regulations, or third-party rights
• content or data that the Customer transmits, publishes, or causes to be published via Trophy
• a violation by the Customer of Google policies or third-party platform rules
• claims by third parties whose personal data the Customer made available to the Provider without a sufficient legal basis
• claims by persons depicted in photographs produced under clause 18
• non-compliance with applicable professional and advertising regulations under clause 10

22.2 The Provider will inform the Customer of such claims without delay. The Customer is entitled to assume the defence at their own expense, provided they adequately safeguard the Provider’s legitimate interests.

23 · Force majeure

Events of force majeure release the parties from their performance obligations for their duration. Force majeure includes in particular natural events, pandemics, war, official measures, large-scale internet or power outages, and strikes.

24 · References

The Provider is entitled to name the Customer’s name and logo in a public reference list after conclusion of the contract, unless the Customer expressly objects. Detailed publications such as case studies or owner quotes are made only after prior written approval by the Customer.

25 · Changes to these Terms

The Provider may amend these Terms at any time. Changes are communicated to customers by email with reasonable advance notice of at least 30 days. If the Customer does not object to the changes within this period, they are deemed accepted. In the event of an objection, an extraordinary right of termination exists. The notification expressly draws the Customer’s attention to the significance of remaining silent.

26 · Final provisions

26.1 Severability: Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by provisions that come closest to the economic purpose of the invalid provision.

26.2 Written form: Amendments and additions to this contract require written form. Email is sufficient.

26.3 Assignment: Any assignment of claims or rights under this contract by the Customer requires the Provider’s prior written consent.

26.4 Change of business ownership: If the Customer’s business changes owner, the contract may pass to the acquirer with the Provider’s consent. Without such transfer, the contract ends at the end of the calendar month in which the Provider was informed in writing of the change of ownership.

26.5 Applicable law: Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.

26.6 Jurisdiction: Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Aarau, Switzerland. The Provider is entitled to also bring proceedings at the Customer’s registered office.

26.7 Binding language version: These Terms are made available in German, French, and English. Only the German version is legally binding; translations are provided for information.