Terms of Service
Last updated: July 2026
These Terms of Service (the "Terms") govern your use of Oryyx's Services. The provider of the Services is Oryyx, based in Zurich, Switzerland ("Oryyx", "we", "us", "our"). You can reach us by email at contact@oryyx.ch. We operate the website oryyx.ch (the "Website") and the digital ordering and payment platform for hospitality provided through it (together, the "Services"). Oryyx enables hospitality businesses ("Venues") to let their guests ("Guests") order and pay directly at the table via QR code or NFC in the browser — without installing an app. These Terms form a legally binding agreement between you — personally or on behalf of a Venue ("you") — and Oryyx concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY. We may update these Terms from time to time. If we make material changes, we will notify you in an appropriate manner (e.g., by email or a notice in the Services) and update the "Last updated" date at the top of this page. Your continued use after the changes take effect constitutes acceptance. Business accounts are reserved for persons who have legal capacity and are authorized to represent the relevant Venue. We recommend that you keep a copy of these Terms for your records.
1. Our Services
Oryyx provides a software-as-a-service platform that lets Venues publish digital menus and lets Guests order and pay at the table. Oryyx is a technology provider and intermediary. The contract for food, drinks, and any other items is concluded exclusively between the Guest and the Venue. Oryyx is not a party to that contract, is not the seller of the food or drinks, and does not operate the Venue. The availability of individual features may vary by region. Anyone accessing the Services from another country does so on their own initiative and is responsible for complying with applicable local law.
2. Registration and Accounts
Venues must create an account to use the Services. You represent that all information you provide is true, current, and complete, and you will keep it up to date. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately of any unauthorized access. We may suspend or terminate an account if information is inaccurate or these Terms are breached.
3. Venue Obligations (Merchant of Record)
The Venue is the sole contractual partner of its Guests and the "merchant of record." The Venue is responsible in particular for: • the accuracy and completeness of menus, prices, and product, ingredient, and allergen information; • accepting, preparing, and fulfilling orders, and the quality and safety of food and drinks (food law and hygiene); • compliance with all legal requirements, including age verification for age-restricted products (e.g., alcohol) at the point of service; • all taxes, levies, and duties relating to its sales; • handling complaints, refunds, and Guest enquiries. For payment processing, the Venue enters into a separate agreement with our payment provider (see Section 4).
4. Payments, Fees, and Payouts
Payments are processed through our payment provider, Stripe. Stripe's terms (including the Stripe Connected Account Agreement) apply in addition and are accepted by the Venue during onboarding. Guest payments flow directly to the Stripe account linked to the Venue; the Venue is paid out directly. Oryyx does not hold or custody Guest funds. Oryyx charges a per-order commission and any other agreed fees. These are retained as an application fee or billed under a separate agreement. A card surcharge may be passed on to the Guest; Stripe's processing fees are borne by the Venue. Prices and fees may change with reasonable notice. Card data is processed exclusively by Stripe; Oryyx does not store full payment details.
5. Guest Orders
Guests can order without an account; an optional Guest account (with a loyalty card) is available. The order contract is between the Guest and the Venue. Guests should direct questions about food, quality, availability, or refunds to the Venue. Refunds are initiated by the Venue through the Services and processed via Stripe.
6. Intellectual Property
Oryyx owns or licenses all rights in the Services, including software, source code, databases, design, text, graphics, and trademarks and logos (the "Content"), which are protected by copyright, trademark, and other laws. We grant you a revocable, non-exclusive, non-transferable license to use the Services within the agreed scope. Any use beyond this requires our prior written consent. Content provided by the Venue (menus, images, logos, text) remains the Venue's. The Venue grants Oryyx a non-exclusive license to use and display such Content to provide and promote the Services, and warrants that it holds the necessary rights.
7. Acceptable Use / Prohibited Activities
You agree in particular not to: • use the Services unlawfully, abusively, or in a way that disrupts or places an undue burden on the Services or their infrastructure; • circumvent security measures or scrape data (bots, automated collection); • reverse engineer, decompile, or reproduce the Services, except where mandatorily permitted by law; • upload malware or infringe the rights of third parties (e.g., intellectual property, personality, or data protection rights); • offer age-restricted or unlawful items without the required controls; • use the Services to compete with Oryyx or to build a competing offering.
8. Third Parties and External Content
The Services rely on third-party providers, including Stripe (payment processing), TWINT (payment method), Vercel (hosting), Google Cloud (image storage), and Resend (email delivery). Their services are subject to their own terms and privacy policies. Oryyx assumes no responsibility for the availability, content, or services of third parties or for linked external websites.
9. Availability, Changes, and Interruptions
We aim for high availability of the Services but cannot guarantee uninterrupted operation. Maintenance, faults, delays, or errors may occur. We may change, add to, suspend, or discontinue the Services at any time. To the extent permitted by law, we are not liable for any loss or inconvenience arising from a temporary or permanent unavailability of the Services.
10. Term and Termination
These Terms apply for the entire duration of your use of the Services. We reserve the right, at our discretion and without prior notice, to suspend or terminate access to the Services, in particular for breaches of these Terms or of applicable law. Venues may terminate their account at any time; details may be set out in a separate agreement.
11. Privacy
We care about your data. Our Privacy Policy (oryyx.ch/privacy) forms part of these Terms. Swiss data protection law (revDSG) applies; where the EU General Data Protection Regulation (GDPR) applies to you, it applies in addition.
12. Warranty and Limitation of Liability
The Services are provided "as is" and "as available." To the extent permitted by law, we disclaim all express and implied warranties, in particular of merchantability, fitness for a particular purpose, and non-infringement. In particular, Oryyx does not warrant the accuracy of Content provided by Venues (menus, prices, allergen information). To the extent permitted by law, Oryyx is not liable for indirect, incidental, special, or consequential damages (e.g., lost profit, revenue, or data). Oryyx's total liability is limited to the amounts the Venue paid to Oryyx in the twelve (12) months preceding the event giving rise to the claim. Mandatory statutory liability — in particular for intent and gross negligence and for personal injury — remains unaffected by the above limitations.
13. Indemnification
The Venue shall indemnify and hold harmless Oryyx and its officers, employees, and agents from any third-party claims — including reasonable legal and procedural costs — arising from (a) the Venue's Content, (b) use of the Services, (c) a breach of these Terms or of third-party rights, or (d) the fulfilment or non-fulfilment of orders.
14. Governing Law and Jurisdiction
These Terms and your use of the Services are governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. The parties will first seek to resolve any dispute amicably and in good faith. Failing that, the exclusive place of jurisdiction — to the extent permitted by law — is Zurich, Switzerland. Mandatory places of jurisdiction, in particular in favor of consumers, are reserved.
15. Final Provisions
If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions is unaffected (severability). Our failure to exercise a right does not constitute a waiver. Oryyx may assign its rights and obligations under these Terms to a third party; the Venue may do so only with Oryyx's prior consent. Together with the Privacy Policy and any separate agreements, these Terms constitute the entire agreement between you and Oryyx. Questions about these Terms can be directed to contact@oryyx.ch.