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Terms of Service

Effective: 2026-10-17 · Version: 1.6

Section 1 Scope

(1) These Terms of Service (hereinafter "Terms") apply to all contracts between

Mobistro — Alexander Schäfer
Sole proprietor trading under the business name “Mobistro”
Nauheimer Weg 9a
65550 Limburg
Germany
VAT ID: DE 256081457
E-mail: kontakt@mobistro.app

(hereinafter "Provider") and the natural or legal person or partnership with legal capacity entering into the contract for its business (hereinafter "Customer") concerning the use of the SaaS platform "Mobistro" (hereinafter "Platform").

(2) The Platform is aimed exclusively at businesses (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB) and at legal entities under public law and special funds under public law. The conclusion of a contract with consumers (Verbraucher) within the meaning of Section 13 of the German Civil Code (BGB) is excluded.

(3) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their application in writing.

(4) The version of these Terms valid at the time the contract is concluded shall apply. Subsequent changes are governed by Section 6a and Section 12.

Section 2 Subject Matter of the Contract

(1) The subject matter of the contract is the provision of the Mobistro Platform as software-as-a-service (SaaS) for use via the internet. The Platform supports operators of mobile food and beverage businesses (food trucks, drinks stands, event catering, market traders) in organizing and managing their business operations.

(2) The Platform comprises in particular the following functional areas:

  • Event planning and location management
  • Vehicle management
  • Inventory and merchandise management
  • Document management
  • Team management and staff scheduling
  • Checklists and operational processes

(3) The Platform is not a cash register system and does not replace a point-of-sale (POS) system. It serves exclusively as a supplement to existing cash register solutions and contains no TSE functionality (technical security device).

(4) The exact scope of services is determined by the booked plan and the plan overview and service description applicable when the contract is concluded. Subsequent changes are governed by Section 4 paragraph 3 and Section 6a.

Section 3 User Account and Organization

(1) Use of the Platform requires a user account. A user account is created either by registering in the web application or by accepting an invitation to an existing organization. The Customer is obliged to provide truthful and complete information in doing so.

(2) During setup, an organization is created as a separate workspace for the Customer. The organization is a technical tenant, not an additional contracting party. Anyone entering into the contract or purchasing a paid plan for a Customer must have legal authority or authorization to represent that Customer. Data of different organizations is kept separate.

(3) The registering user receives the role "Admin" within their organization and may invite further users with the roles "Admin", "Manager" or "Staff". Invited users use the Platform for the Customer and do not become contracting parties to the SaaS agreement through the invitation. The Customer is responsible for assigning access rights and for use by its authorized users. A technical Admin role alone does not confer legal authority to represent the Customer.

(4) User accounts and organizations cannot be created in the native app for iPhone and iPad. Only users with an existing user account can sign in there.

(5) The Customer is itself responsible for keeping its access credentials confidential. It must inform the Provider without undue delay if it becomes aware that unauthorized third parties have access to its account.

(6) The Provider reserves the right to reject registrations or to suspend existing accounts if there is a reasonable suspicion of abusive use.

Section 4 Description of Services

(1) The Provider makes the Platform available to the Customer in its current version for use via the internet. Access is provided via the web application at pitstop.mobistro.app and via the native Mobistro app for iPhone and iPad, which is made available through the Apple App Store.

(2) The Provider owes the provision of the Platform in a condition suitable for use in accordance with the contract. There is no entitlement to specific functions or features beyond the booked scope of services.

(3) The Provider is entitled to further develop and update the Platform. Functional extensions and improvements are provided automatically. A material restriction of the booked functional scope during a current billing period is excluded; changes at the start of a new billing period are governed by Section 6a.

(4) Database, authentication and file storage use the selected Supabase primary region Frankfurt. Web delivery is operated on Hetzner infrastructure in Germany. For expressly described auth e-mail, security, payment and map functions, further providers and transfers to third countries may be used in accordance with the privacy policy.

(5) For downloading the native app from the Apple App Store, Apple's Licensed Application End User License Agreement (Standard EULA) applies in addition. Apple is not a party to this contract and is not responsible for the Platform, its content, its maintenance or its support.

Section 5 Obligations of the Customer

(1) The Customer undertakes:

  • to use the Platform only within the scope of the applicable laws and these Terms,
  • not to post any content that violates applicable law,
  • to protect its access credentials against access by third parties,
  • to inform the Provider without undue delay of security incidents or malfunctions.

(2) The Customer is responsible for ensuring that the users it has invited within its organization comply with these Terms.

(3) The Customer ensures that it has the necessary technical prerequisites: a current web browser, a stable internet connection and, for the native app, an iPhone or iPad with an operating system version supported by the app.

(4) The Customer is prohibited from:

  • placing an excessive load on the Platform through automated access (bots, scraping),
  • decompiling or reverse engineering the Platform or extracting the source code in any other way, except where permitted by mandatory law, in particular Sections 69d and 69e of the German Copyright Act (UrhG),
  • circumventing or manipulating security mechanisms of the Platform,
  • reading out or accessing data of other organizations.

Section 6 Remuneration and Payment Terms

(1) Where the Provider grants free access, in particular in a trial period or within the scope of special access granted by the Provider, no payment obligation arises for it. Free access does not automatically convert into a paid plan; a paid plan only comes into existence through an express booking. If free access ends without a booking, the Provider may restrict the organization to read-only access, in which reading and exporting the data remain possible. The Provider may terminate free access of unlimited duration by giving at least four weeks' notice in text form. Individually agreed access durations and permanent special access remain unaffected.

(1a) Each Customer is entitled to the free trial only once, even if it creates further user accounts or organizations or deletes an organization and sets it up again. If the Customer has already used the trial, a further organization is set up without a trial in read-only access; a paid plan can be booked immediately. If a Customer obtains a further trial, for example by providing different details, the Provider may restrict the affected organization to read-only access; in the case of a repeated or serious breach, Section 7 paragraph 4 applies.

(2) Paid plans are booked by an Admin of the organization on behalf of the Customer in the web application. The contents, limits and prices of the plans result from the plan overview displayed at the time of booking. Depending on the selected billing interval, the fees are due monthly or annually in advance. A discount may be granted for annual payment.

(3) Ordering, payment and invoicing of paid plans are handled by Paddle as reseller (Merchant of Record): Paddle.com Market Limited, London, United Kingdom, for purchases from the USA Paddle.com Inc. and for purchases from Canada Paddle.com (Canada) Ltd. Paddle's buyer terms, which are provided during the checkout process, apply in addition to the purchase. Even in the case of a purchase via Paddle, the use of the Platform is governed exclusively by these Terms.

(4) All stated prices are exclusive of statutory VAT, unless expressly stated otherwise. Paddle calculates the VAT and shows it on the invoice.

(5) Paddle provides invoices electronically by e-mail and via Paddle's billing and payment management, which Admins can open from within the Platform. The Customer consents to invoices being sent electronically.

(6) In the event of default in payment, the Provider is entitled, after an unsuccessful request for payment and the expiry of a reasonable period of at least 14 days, to restrict the organization's access to read-only access, in which reading and exporting the data remain possible. The obligation to pay the agreed remuneration remains in place.

(7) An Admin may request a change to another available plan in the web application. The timing and financial effects are displayed before confirmation. The change takes effect at the displayed time once Paddle has successfully processed it; any required payment must have been completed successfully. During a free trial, the first charge may occur only after the trial ends. If, after a switch to a smaller plan, usage exceeds that plan's limits, the organization remains restricted to read-only access until the excess has been resolved; data is not automatically deleted in the process.

Section 6a Changes to Plans and Prices

(1) The Provider may change the contents and prices of future new bookings, introduce plans or discontinue plans for new bookings. This does not change existing contracts.

(2) Changes proposed by the Provider to the price or agreed scope of services of an existing contract require the Customer's express agreement. Plan changes requested by the Customer are governed by Section 6 paragraph 7. The Provider communicates a proposed change, stating the previous and proposed price or scope of services and intended effective date, in text form at least six weeks in advance. A change takes effect no earlier than the start of a new billing period; for annual billing, no earlier than the start of the next annual period.

(3) Silence, continued use of the Platform or failure to terminate does not constitute agreement. Without agreement, the contract continues on its existing terms. The ordinary termination rights under Section 7 remain unaffected. There is no automatic transfer to a different plan.

(4) The Provider may introduce free extensions and price reductions at any time, provided they involve no restrictions, additional obligations or other disadvantages for the Customer. Individually agreed conditions, in particular price commitments, discounts and permanent special access, remain binding for their agreed duration.

(5) Where net prices have been agreed, a change in statutory VAT is reflected accordingly at the time prescribed by law.

Section 7 Term and Termination

(1) The contract is concluded for an indefinite period, unless a fixed term is expressly agreed. A paid plan is renewed in each case by the selected billing interval as long as it has not been terminated.

(2) The Customer may terminate a paid plan at any time with effect from the end of the current billing period.

(3) The Provider may terminate a paid plan with effect from the end of the billing period, with a notice period of 14 days in the case of monthly billing and a notice period of one month in the case of annual billing.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

  • despite a reminder, the Customer is in default with the payment of at least two monthly amounts,
  • the Customer repeatedly or seriously violates these Terms,
  • insolvency proceedings are opened over the assets of a party or the opening of such proceedings is rejected for lack of assets.

(5) Termination must be made in text form (e-mail is sufficient). The Customer may also terminate a paid plan via Paddle's billing and payment management, which Admins can open from within the Platform.

(6) After a paid plan ends without a subsequent booking, the Provider restricts the organization to read-only access, in which reading and exporting the data remain possible. The deletion of the organization account, the return of the data and the switch to another provider are governed by Section 7a and the data processing agreement.

Section 7a Switching Provider and Data Export

(1) The Customer may request an export of its exportable data at any time. A data export alone neither terminates the contract nor triggers deletion. If the Customer expressly requests a switch to another provider or to its own infrastructure (hereinafter "Switch"), the transitional and termination provisions of this section also apply. Export and Switch requests must be addressed in text form to kontakt@mobistro.app. There is no notice period; the transitional period for a Switch begins upon receipt of the Switch request.

(2) The Provider completes the Switch within a transitional period of 30 calendar days. During this period, it continues to provide the contractual services, supports the Customer and third parties commissioned by the Customer to a reasonable extent and informs about known risks to the continuity of the service. If the Switch is technically not feasible within this period, the Provider notifies the Customer of this within 14 calendar days of the request, stating the reasons, and specifies a transitional period of no more than seven months. The Customer may extend the transitional period once by a period it considers more appropriate for its purposes.

(3) Exportable data comprises all data that the Customer and its users have entered or uploaded, as well as the organization's data generated through use, in particular organization, event, location, vehicle, inventory, packing list, checklist, recipe, cost, team and document data, including the uploaded files. Not exportable are access credentials, invitation tokens, internal billing and abuse-prevention data, as well as the program code and other data that relate exclusively to the internal operation of the Platform. The Provider makes structured data available in a common, machine-readable format (JSON), and files in their stored format together with a directory of their paths, sizes and checksums.

(4) After the end of the transitional period, the Customer may retrieve its data for at least 30 days. Thereafter, the Provider deletes the exportable data completely, unless a statutory retention obligation precludes this. If the Customer has requested the Switch, the contract ends upon successful completion of the Switch; the Provider confirms completion to the Customer.

(5) The Provider does not charge any fees for switching or data export.

(6) The current register of exportable data structures, formats and relevant standards, together with information on switching procedures, infrastructure jurisdiction and safeguards against unlawful governmental access from third countries, is available at https://pitstop.mobistro.app/legal/data-portability. This information supplements the switching terms above. Updates to this information do not unilaterally change existing contractual rights.

Section 8 Availability and Service Level

(1) A specific availability or service level is only committed to if separately agreed. The obligation to provide the contractual services under Section 4 paragraph 2 remains in place even without a separate availability commitment. The Provider monitors the service and endeavours to ensure reliable provision. Responsibility for disruptions caused by force majeure, network failures or circumstances caused by the Customer is governed by statutory law and Section 10. Responsibility for vicarious agents remains unaffected.

(2) Scheduled maintenance is limited to what is necessary, normally announced at least 48 hours in advance and, where possible, carried out outside usual business hours (CET/CEST). Urgent security measures may require shorter notice.

(3) The Provider offers support by e-mail. Support requests are normally processed within two working days; a specific resolution time is only committed to if separately agreed.

(4) Statements on availability do not constitute a guarantee in the legal sense unless a guarantee is expressly assumed. Rights in respect of defects are governed by Section 9; claims for damages and reimbursement of expenses are governed by Section 10.

Section 9 Warranty and Rights in Respect of Defects

(1) Throughout the term of the contract, the Provider makes the Platform available in a condition suitable for contractual use and maintains that condition.

(2) The Customer must notify the Provider of defects without undue delay after their discovery, describing the symptoms of the error as precisely as possible.

(3) The Provider will remedy notified defects within a reasonable period. This may involve correcting the defect or providing an updated version. The Customer's statutory rights where a remedy is not provided or fails remain unaffected.

(4) An insignificant impairment of contractual usability does not entitle the Customer to a reduction of the fees. Other statutory rights in respect of defects remain unaffected.

(5) Rights in respect of defects do not arise to the extent that the disruption was caused exclusively by use contrary to the contract or an unauthorized intervention by the Customer.

(6) Statutory limitation periods apply. Claims for damages and reimbursement of expenses are additionally governed by Section 10.

Section 10 Liability

(1) The Provider is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health caused by an intentional or negligent breach of duty. This also applies to breaches of duty by its legal representatives and vicarious agents.

(2) Liability under the German Product Liability Act, for fraudulent concealment of a defect, under an expressly assumed guarantee to the extent of that guarantee, and any other mandatory statutory liability remains unaffected. In particular, these Terms do not limit mandatory claims of data subjects under Article 82 GDPR.

(3) Except in the cases covered by paragraphs 1 and 2, the Provider is liable for slight negligence only where a material contractual obligation has been breached. Material obligations are obligations whose fulfilment enables proper performance of the contract and on whose compliance the Customer may ordinarily rely. Liability is limited to the damage foreseeable at the time the contract was concluded and typical for this type of contract.

(4) Liability for a slightly negligent breach of other obligations is excluded. In cases of slight negligence, the Provider is liable for indirect or consequential loss, business interruption and loss of profit only to the extent that such loss falls within paragraph 3. Liability for such loss caused by slight negligence is otherwise excluded. Paragraphs 1 and 2 remain unaffected.

(5) The preceding liability provisions apply to loss of data. Any contributory fault of the Customer, including failure to perform contractually required backups that are technically possible and reasonable, is taken into account under Section 254 BGB. The Provider's own contractual and statutory backup, security and restoration obligations remain unaffected.

(6) Strict liability for damages arising from defects already present when the contract was concluded under Section 536a paragraph 1 alternative 1 BGB is excluded. Paragraphs 1 and 2 remain unaffected.

(7) These limitations of liability apply to claims for damages and reimbursement of expenses irrespective of their legal basis and correspondingly benefit the Provider's legal representatives, employees and vicarious agents.

Section 11 Data Protection

(1) The Provider processes personal data of the Customer and its users exclusively in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telecommunications Digital Services Data Protection Act (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz, TDDDG).

(2) Details of the data processing can be found in the Provider's privacy policy, available at https://pitstop.mobistro.app/legal/privacy.

(3) For new registrations for the Operator App, the data processing agreement (DPA), including its annexes, linked at https://pitstop.mobistro.app/legal/dpa forms part of this contract. The authorized person accepts it together with these Terms for the business named during registration. The contract takes effect when the organization is subsequently set up; no separate DPA acceptance is required. The DPA governs processing of personal data on behalf of the Customer under Article 28 GDPR. The accepted documents, business name, acting person, verified account contact and timestamps are retained as an accessible contract record in the organization account. The DPA is in German; the language of the accepted Terms is recorded separately. Publishing these Terms does not change existing contracts. Separate DPA acceptance and expressly accepted amendments remain available for those contracts; changes to the Terms are governed by Section 12.

(4) Database, authentication and file storage use the primary region Frankfurt; web delivery uses Hetzner infrastructure in Germany. Additional providers, processing locations and transfers to third countries are described in the privacy policy and, where processing on behalf of the Customer is involved, in the DPA and its annexes. Transfers of personal data to third countries take place subject to Articles 44 et seq. GDPR, in particular on the basis of an applicable adequacy decision under Article 45 GDPR or appropriate safeguards under Article 46 GDPR.

Section 12 Changes to the Terms

(1) Changes to these Terms for existing contracts require the Customer's express agreement. The Provider communicates proposed changes, including their content and intended effective date, in text form at least six weeks in advance.

(2) Silence, continued use of the Platform or failure to terminate does not constitute agreement. Without agreement, the contract continues on its existing terms; the agreed ordinary termination rights remain unaffected.

(3) Changes to plans and prices are governed by Section 6a. Individual agreements and statutory changes that apply directly remain unaffected.

Section 13 Final Provisions

(1) Applicable law: The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to Customers with their registered office outside Germany.

(2) Place of jurisdiction: If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered office in Limburg an der Lahn.

(3) Consumer dispute resolution: The offering is aimed exclusively at businesses. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The former European online dispute resolution platform was discontinued as of 20 July 2025.

(4) Assignment: The Customer may only assign rights and obligations under this contract to third parties with the prior written consent of the Provider.

(5) Text form and individual agreements: Amendments and supplements to this contract should be documented in text form. The priority of individual agreements under Section 305b BGB remains unaffected.

(6) Language: If the Provider additionally makes these Terms available in a translation, the version in the language in which the Customer concluded the contract shall be binding. Otherwise, the German version shall prevail.

(7) Invalid provisions: If individual provisions of these Terms are invalid or do not become part of the contract, the statutory consequences apply, in particular Section 306 BGB.