General terms & conditions

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.

1 · Scope and subject matter

1.1 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.).

1.2 Trophy is a software-as-a-service offering helping Swiss hospitality venues to systematically collect Google reviews, motivate service staff, and thereby increase local visibility.

1.3 Trophy is offered exclusively to business customers within the meaning of Art. 2 (2) Swiss CO. Consumer protection provisions do not apply.

1.4 Deviating terms of the Customer apply only if the Provider has acknowledged them in writing.

2 · Contract formation

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

2.2 By booking a paid package the Customer confirms that they are authorised to sign on behalf of the business in question.

3 · Services of the Provider

3.1 The scope of services follows from the package booked (Starter, Wachstum or Markt Dominanz) per the published package description in force at the time. Typical services are:

• Provision of the Trophy platform with views for staff, owners, and team display
• Delivery of customer-specifically produced review media (NFC tags, table cards, signs, and optionally further formats)
• Integration with Google Business Profile (Customer-granted access required)
• Onboarding and team training within the package scope
• Support by email, in higher packages additionally by WhatsApp and phone

3.2 The Provider reserves the right to develop, add, modify, or replace features, provided that the agreed scope of services is preserved in substance.

3.3 External platform components (in particular Google Business Profile) lie outside the Provider’s sphere of influence. Changes to third-party APIs or policies may affect functionality.

3.4 Media flatrates per package

The media included in each package is defined as follows:

• Starter — Basic: one-off starter kit of review media at the beginning of the subscription. Re-orders or modifications are billed at cost.
• Wachstum — Fair Use: quarterly refresh flatrate up to a material value of CHF 150 per quarter. Anything beyond is billed transparently.
• Markt Dominanz — Unlimited: extended media flatrate up to a material value of CHF 300 per quarter. Anything beyond is billed transparently.

4 · Customer obligations

4.1 The Customer makes all information and access rights necessary for service provision available to the Provider, in particular:

• Administrative access to Google Business Profile (as «Manager» or «Owner»)
• First and possibly last names of the staff working with Trophy
• Current billing address and payment information
• Logo, brand guidelines, and optionally photo material

4.2 The Customer ensures that their staff are informed appropriately about Trophy’s use and the related processing of their data.

5 · Prohibited activities

The following activities are expressly prohibited in connection with Trophy. Violations entitle the Provider to immediately suspend access and terminate the contract for cause, as well as to claim damages:

• Generation of fake, paid-for, or otherwise manipulative reviews
• Incentives for reviews that violate Google’s content policies (e.g. benefits granted only for positive reviews)
• Use of Trophy for spam, unsolicited mass communications, or phishing
• Reverse engineering, decompilation, or unauthorised attempts to access the Provider’s systems or third-party accounts
• Publication of defamatory, discriminatory, or unlawful content via Trophy
• Pressuring guests to amend, remove, or falsify existing reviews in favour of the venue

6 · Review collection and reply guidelines

6.1 Review replies

When using the reply and AI-reply features, the Customer undertakes to:

• Reply to reviews professionally, politely, and objectively
• Comply with the relevant platform’s review-reply policies
• Publish no replies that contain false claims, threats, or insulting/discriminatory language
• Publish no personal data of the reviewing person

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

6.2 Review gating and filter mechanisms

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

We expressly recommend against using this feature. Review gating violates Google’s review policies and may lead to the removal of reviews, suspension of the Google Business Profile, or other sanctions by Google.

Should gating nonetheless be activated, it is done solely at the Customer’s own risk and under their sole responsibility. The Customer bears 100% liability for any and all consequences, including platform sanctions, profile suspensions, reputational damage, regulatory measures, or third-party claims. Tailored Intelligence GmbH accepts no liability whatsoever in this respect.

7 · Professional and competition-law compliance

7.1 The Customer is responsible for ensuring that Trophy’s use, and in particular the manner in which guest reviews are solicited, complies with applicable Swiss competition law (UWG), food law (LMG/LIV), and any sector-specific advertising guidelines.

7.2 For venues with sector-specific licensing requirements (e.g. hotels with alcohol service, restaurants with permit-only events), responsibility for compliance with the applicable cantonal and municipal regulations lies exclusively with the Customer.

7.3 Tailored Intelligence GmbH provides the technical tooling. Responsibility for lawful and ethical use lies with the Customer. When in doubt, we recommend consulting an industry association (e.g. GastroSuisse, hotelleriesuisse) or legal counsel before use.

8 · Prices, invoicing, and payment

8.1 The prices published at the time of booking apply. All prices are per location, per month, in Swiss francs, plus statutory VAT where applicable.

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

8.3 In case of late payment the Provider may charge default interest of 5% p.a. (Art. 104 Swiss CO) and reasonable reminder fees. After a grace period of 14 days, access to the platform may be suspended without affecting the obligation to pay the agreed fees.

8.4 The Provider may adjust prices upon reasonable notice of at least 60 days. The Customer has an extraordinary right of termination effective as of the date the adjustment takes effect.

8.5 For multi-location contracts, discounts per the current package overview are applied automatically (from 2 locations 10%, from 6 locations 20% off the total).

9 · Term and termination

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

9.2 Termination may take effect at the end of any calendar month, by informal email to [email protected].

9.3 The right of either party to terminate for cause remains reserved.

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

9.5 The physical media supplied (NFC tags, table cards, signs, and other carrier materials) remain property of the Provider and are made available to the Customer as a loan for the duration of the subscription. Upon contract termination the media must be returned to the Provider at the Customer’s expense within 14 days. Items not returned may be billed to the Customer at replacement value.

10 · 30-day satisfaction guarantee

10.1 For the «Wachstum» and «Markt Dominanz» packages the Provider offers a 30-day satisfaction guarantee: if the Customer is dissatisfied with the services within 30 days of starting the contract and notifies the Provider in writing, the amounts paid for the first month are fully refunded.

10.2 The condition is that the Customer has fulfilled the obligations under Section 4. The guarantee is one-time per contract and non-transferable.

11 · Platform availability

11.1 The Provider strives for high platform availability but does not guarantee uninterrupted operation. A committed service-level agreement applies only if expressly agreed in writing.

11.2 Scheduled maintenance is performed during low-traffic times where possible and announced at least 24 hours in advance.

11.3 Excluded from availability are outages caused by force majeure, third-party actions (e.g. internet providers, hyperscalers, Google API), necessary security interventions, and other circumstances outside the Provider’s control.

12 · Google platform risks and review disclaimer

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

12.2 Tailored Intelligence GmbH expressly accepts no liability whatsoever for:

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

12.3 Trophy facilitates review management but does not guarantee the lasting persistence, visibility, or continued availability of individual reviews or third-party features.

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

13 · Intellectual property and usage rights

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

13.2 The Customer receives a non-exclusive, non-transferable right to use Trophy for the duration of the contract for its own business operations. In particular, renting, sub-licensing, or reverse engineering is prohibited.

13.3 Designs, layouts, and copyright in the review media produced by the Provider remain with the Provider. The physical media are made available as a loan in accordance with Section 9.5 and must be returned after the contract ends.

14 · Data protection and processing

14.1 The Provider processes personal data per the separate privacy policy.

14.2 Where the Provider processes personal data of the Customer or its staff on the Customer’s behalf (Art. 9 revFADP / Art. 28 GDPR), the provisions of our data processing agreement (DPA), which is an integral part of this contract and made available on request, additionally apply.

14.3 The Customer remains responsible for the lawful collection and transfer to the Provider of the data of its staff.

15 · Confidentiality

The parties undertake to keep confidential information received in connection with the contract confidential and to use it only for the purpose of contract performance. This obligation survives the end of the contract.

16 · Liability

16.1 The Provider is liable without limitation for damage caused intentionally or by gross negligence.

16.2 For ordinary negligence, the Provider is liable only for damage that typically and foreseeably follows from the breach of contract. Liability in this case is limited per occurrence and per year to the amount of three months’ fees of the affected contract.

16.3 Liability for lost profits, indirect or consequential damage, or data losses that would have been avoidable through customary backup measures is excluded unless mandatory law dictates otherwise.

16.4 The Provider expressly assumes no liability for third-party actions — in particular not for breaches of Google’s policies by the Customer or its staff, and not for Google’s actions under Section 12.

17 · Indemnification

17.1 The Customer undertakes to indemnify and hold harmless the Provider, its bodies, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and procedural fees) arising from or in connection with:

• use of Trophy in breach of these Terms
• the Customer’s breach of applicable law, official regulations, or third-party rights
• content or data the Customer submits, publishes, or causes to be processed via Trophy
• breach by the Customer of Google’s policies or any third-party platform rules
• third-party claims arising from personal data provided to the Provider by the Customer without an adequate legal basis
• non-compliance with applicable professional and advertising regulations under Section 7

17.2 The Provider will inform the Customer promptly of any such claims. The Customer is entitled to assume the defence at their own cost, provided the Provider’s legitimate interests are adequately preserved.

18 · Force majeure

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

19 · References

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

20 · Amendments to these Terms

The Provider may amend these Terms at any time. Amendments are communicated to Customers with reasonable advance notice of at least 30 days by email. If the Customer does not object within this period, the amendments are deemed accepted. In the case of an objection, an extraordinary right of termination applies.

21 · Final provisions

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

21.2 Written form: Amendments and additions to this contract require written form. Email suffices.

21.3 Assignment: Assignment of claims or rights under this contract by the Customer requires the prior written consent of the Provider.

21.4 Governing law: Swiss law applies exclusively, to the exclusion of the UN Convention on the International Sale of Goods and conflict-of-laws rules.

21.5 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.