NEOTASTE - MEMBERSHIP TERMS AND CONDITIONS

1 Scope; Contractual Partner

1.1 The following Neotaste Membership Terms and Conditions ("Terms") are entered into between Neotaste GmbH, NeoTaste GmbH Schönhauser Allee 180 10119 Berlin,Germany, e-mail: support@neotaste.app ("NeoTaste") and all users having an active Member account ("Members" or “you”).

1.2 The Terms govern your access to and use of NeoTaste services and form a legally binding agreement. If you do not agree to these Terms, you must not create a Member account.

1.3 The Terms apply to all Members and where applicable, supplement any Subscription Agreement in force at any time between NeoTaste and a Member. In case of conflict, the terms of the Subscription Agreement shall prevail.

1.4 The Terms apply exclusively. The use of conflicting or supplementary terms and conditions by Members is hereby rejected. They shall only become part of the agreement if NeoTaste has expressly agreed to their validity in writing.

2 Member Account

2.1 Member Account. In order to use the NeoTaste services, the Member must set up a Member account by (i) installing the NeoTaste mobile app (“App”); (ii) accurately entering the required details (phone-number, e-mail address, first name, last name, postal code); (iii) accepting to be bound by these Terms and the NeoTaste Privacy Policy; and (iv) clicking on [“Register”].

2.2 The Member account remains active until the earlier of account deactivation or termination of these Terms. Each Member may only have one active Member account at any time. The creation of multiple Members accounts by any one Member for any purpose is strictly forbidden.

2.3 Persons (i) under the age of 18 (ii) with limited or no legal capacity are not permitted to set up a Member account.

2.4 Members must be consumers within the meaning of section 13 of the German Civil Code (BGB), i.e. persons who do not enter into a legal transaction primarily for commercial or self-employed purposes.

3 Subscription Agreement

3.1 Conclusion of the Subscription Agreement and Correction Options. Access by Members to certain of the NeoTaste services (e.g., Deals) requires payment (“Paid Services”). To access Paid Services, Members must (i) have an active Member account; and (ii) enter into a Subscription Agreement with NeoTaste. To enter into a Subscription Agreement, Members must complete the registration steps in the App by (i) logging into a Member account; (ii) selecting a tariff option; (iii) accurately entering the required details; (iv) re-confirming acceptance to be bound by these Terms and the NeoTaste Privacy Policy; and (v) clicking on [“Accept”]. Successful completion of these registration steps concludes the agreement between the Member and NeoTaste (“Subscription Agreement”).

Before concluding the Subscription Agreement by clicking [“Accept”], the details can be changed and viewed at any time by using the correction aids provided in App.

3.2 Language of the Subscription Agreement; Storage of Text of the Subscription Agreement

The language available for the conclusion of the Subscription Agreement is English.

4 Services

4.1 NeoTaste operates a digital restaurant discovery and loyalty platform via its App and website, allowing Members to discover participating restaurants (“Restaurants”) and redeem rewards or benefits they offer in the cities in which NeoTaste operates (“NeoTaste services”).

4.2 Restaurants have undertaken to grant Members certain benefits or rewards, subject to the individual offer terms of each Restaurant, when making a valid order (“NeoTaste Campaigns”). NeoTaste Campaigns may be free for Members to access or a Paid Service depending on the specific NeoTaste Campaign.

4.3 Restaurants are independent third-parties. NeoTaste does not operate or control the Restaurants. The agreement on catering services is concluded directly between the Restaurant and the Member. NeoTaste does not become a contractual partner in this respect, but merely brokers benefits or rewards from Restaurants to Members.

5 Use of Deals

5.1 NeoTaste offers Deals as a Paid Service. Only Members with an in-force Subscription Agreement have access to the Deals benefits or rewards. Use of Deals does not exclude the Member from also collecting a digital stamp via the Loyalty programme in accordance with these Terms, for that same meal in participating Restaurants.

5.2 Members can book and take advantage of Deals at participating Restaurants via the App.

5.3 In the App, you can see which Restaurants are participating in Deals and the individual terms offered by each Restaurant. Both the number of Restaurants and the Deals offer can change at any time. Restaurants can also offer changing Deals.

5.4 If the granting of a Deal is dependent on certain conditions (e.g. ordering certain dishes, minimum order value) (“Deals qualifying order”), this will be displayed in the App.

  • 5.4.0 Redeeming of Deals:
    To redeem a Deal, the Member must:

    • Book a time-slot for the Deal in the App
    • Visit the restaurant during the time-slot
    • Present the booking to restaurant staff before or at the same time as making an order
    • Place a Deals qualifying order
    • Redeem the Deal before payment

    Where the above conditions for redemption of Deals are not met by the Member, the Restaurant is entitled to disapply the application of the Deal. The Restaurant shall inform the Member of any such decision.

5.5 Booking

Deals must be booked in advance via the App. The booking includes a time slot in which the Deal can be utilised on site in the Restaurant. The following applies:

  • Only one Deal per Member can be used in a restaurant at any one time (e.g. a 2:1 Deal cannot be combined with a direct discount).

  • The use of a direct discount is only possible for the total bill of a table. This means, for example, that four people in a group cannot split a total bill and each claim a direct discount.

  • The same Deal can only be booked again at the same restaurant after a certain period of time. The period may vary depending on the Restaurant and is displayed when booking under “Booking” in the App..

  • Deals that have been booked but not redeemed or cancelled will be reactivated the next day and can be booked again.

  • Restaurants may only offer their Deals within a certain daily quota. If the daily quota for a Restaurant is exhausted, this is displayed in the App and booking is not possible.

  • Deals can only be used for on-site visits, not for delivery or collection. However, the Restaurant can also redeem Deals for delivery or collection on a voluntary basis.

Bookings are non-binding. Booked Deals can be cancelled by the Member, the Restaurant or NeoTaste at any time until they are redeemed in the App.

Booking a Deal does not include a table reservation. It is recommended that you book a table directly with the Restaurant in addition to booking the Deal in the App.

Note when ordering. To redeem the booked Deal, the Member must inform the restaurant staff before or at the same time as ordering and show the booking in the App to the Restaurant staff.

Redeeming before payment. The Deal used must be redeemed before payment is made. To do this, the Member must show the booking to the staff again in the App, click on "Swipe to redeem" and confirm the redemption by swiping so that the staff can follow the redemption instructions

6 Use of Loyalty

6.1 Loyalty is not a Paid Service. All Members have access to the Loyalty benefits or rewards. Use of Loyalty does not exclude the Member from also taking advantage of the Deals programme in accordance with these Terms, for that same meal in participating Restaurants.

6.2 The Loyalty scheme offers Members the opportunity to collect digital stamps by checking-in via an NFC PUK (“check-in”) or by scanning a QR-Code during on-site visits to Restaurants participating in the Loyalty scheme.

6.3 In the App, you can see which Restaurants are participating in the Loyalty scheme and the individual offer terms offered by each Restaurant. Both the number of Loyalty Restaurants and the Loyalty rewards on offer can change at any time.

6.4Loyalty rewards shall be unlocked (and redemption of rewards possible) based on a certain number of check-ins registered by a Member at a Restaurant, with progression re-starting after a final Loyalty reward is redeemed. Only one check-in may be registered by a Member per visit to a Restaurant.

6.5 If the granting of a digital stamp is dependent on certain conditions (e.g. ordering certain dishes, minimum order value) (“Loyalty qualifying order”), this will be displayed in the App.

6.6 Redeeming of Loyalty

  • 6.6.1 To redeem under the Loyalty scheme, the Member must:

    • Visit a restaurant participating in the Loyalty scheme

    • Place a Loyalty qualifying order

    • Check-in via the NFC PUK or QR-Code in the Restaurant

  • 6.6.2 Where the above conditions for redemption of a Loyalty reward are not met by the Member, the Loyalty scheme shall not apply. The restaurant is required to notify the Member immediately.

6.7 Collection of digital stamps

  • 6.7.1 Digital stamps are non-exchangeable, non-transferable and serve no payment functionality other than entitling the Member to redemption of a non-monetary reward if certain conditions are met.

  • 6.7.2 Digital stamps remain valid until the sooner of (i) a final Loyalty reward being redeemed; (ii) termination of the Agreement; (iii) disapplication of the Loyalty scheme by a Restaurant; or (iv) termination of the Loyalty scheme by NeoTaste.

  • 6.7.3 Collection of Loyalty digital stamps is only possible for on-site visits, not for delivery or collection.

6.8 Check-ins

  • 6.8.1 To check-in, a Member must (i) activate location services on the device where they have the App downloaded; (ii) ensure they are logged into their Member account via the App; (iii) place a Loyalty qualifying order; and (iv) follow Restaurant staff instructions to check-in, where necessary.

  • 6.8.2 Only one valid check-in is possible per Member account in a 12-hour period.

7 Member’s Obligations

7.1 The Member shall use the App in accordance with applicable laws and these Terms.

7.2 The Member is obliged to provide complete and accurate information when creating the Member account and, if applicable, when entering a Subscription Agreement. The Member is also obliged to keep the data up to date and is responsible for its accuracy and completeness. The Member is obliged to inform NeoTaste immediately of any changes to the data.

7.3 The Member is aware that declarations relating to the contractual relationship (e.g. confirmation e-mails, changes to the terms and conditions or other notifications) may be sent by e-mail to the e-mail address stored in the Member account.

7.4 The Member may not allow third parties to use their Member account, even if the third party is a Member themselves. The Member undertakes to change their password immediately if there is reason to believe that a third party may have gained knowledge of it.

7.5 Members may not assign their rights or obligations arising from membership and these Terms without the prior written consent of NeoTaste. This does not apply to monetary claims.

7.6 To make use of the NeoTaste Campaigns, the Member must download the App and install it on an internet-enabled mobile phone that meets the technical requirements of the App. When the App is downloaded or started, it is automatically checked whether the respective mobile phone fulfils these requirements. The Member is responsible for providing mobile data communication and shall bear any data transmission costs incurred with their mobile phone provider. The Member is responsible for any software or hardware updates that are required for the continued use of the App.

8 Membership Fee; Payment Conditions – Paid Services Only

8.1 This Section relates to Paid Services and as such applies only to Members with an in-force Subscription Agreement.

8.2 The Member is obliged to pay the agreed membership subscription fee (the "Membership Fee") to NeoTaste. Subscriptions may renew automatically (e.g., per month), based on the tariff selected at the time of concluding the Subscription Agreement and the Membership Fee will become due upon such automatic renewal.

8.3 Unless cancelled in accordance with the cancellation terms, NeoTaste collects the Membership Fee via the payment method selected by the Member at the time of concluding a Subscription Agreement. The following payment methods are available: PayPal, credit card, debit card.

8.4 If a payment fails for lack of funds or for other reasons for which the Member is responsible, the Member shall bear the additional costs incurred and for which the Member is responsible. Alternatively, NeoTaste may in this case also charge a lump sum for expenses in the amount of 5 EUR unless the Member can prove that NeoTaste has incurred no or lower expenses. NeoTaste is at liberty to claim damages from the Member in excess of the lump-sum expense allowance, provided that appropriate proof is provided. Further claims by NeoTaste remain unaffected.

8.5 The Member is only entitled to offset their own claims against NeoTaste's claims if their claims have been legally established, are undisputed or have been recognised by NeoTaste.

8.6 Amendments to Fees. NeoTaste is entitled to increase the Membership Fees from time to time at its reasonable discretion to compensate for the impact of changes in the total cost of providing the NeoTaste services.

A change to the Membership Fee shall not take effect before payment of the next Membership Fee is due. In particular, this means that fees already paid in advance (e.g., annual billing) cannot be increased retroactively.

Amendments to fees shall be announced by e-mail to the e-mail address stored in the Member account at least six weeks prior to their intended application date. In this case, the Member is entitled to extraordinary cancellation of the Subscription Agreement up to one week before the date on which the amendment to the Membership Fees comes into effect. NeoTaste will expressly and separately inform the Member of this possibility of extraordinary cancellation in the notification of change. Any extraordinary cancellation of a Subscription Agreement does not affect the validity of these Terms, which continue in full force and effect while the Member continues to access the Member account.

9 Referral bonus

9.1 Neotaste offers Member the opportunity to earn a referral bonus of EUR 10.00 (or GBP 10.00 in the UK) by referring new users if the following conditions are met:

  • (a) After any free trial period, as applicable, the new user registers and pays in full for an annual subscription for a Paid Service using Member's unique referral link;

  • (b) The new user does not exercise their fourteen-day right of cancellation (see Section 12 below); and

  • (c) Member has access to an active PayPal account, account details of which Member provides to Neotaste.

9.2 There is no limit to the number of new users a Member is entitled to refer. Member shall be entitled to a separate referral bonus for each new user which meets condition 9.1 (a) and 9.1 (b) above. Member is permitted to share the unique referral link via any marketing or social media channel. Tracking is handled by a third-party service provider. NeoTaste is not responsible for (i) tracking errors; or (ii) referral bonuses not properly attributed.

9.3 On each occasion that Member is eligible to receive a referral bonus, Member shall receive an email notification from NeoTaste. Member can request a withdrawal of any due referral bonus amounts at any time by ("withdrawal notification"). The total referral bonus amount due to Member at the time of withdrawal notification will be credited to Member's PayPal account within a reasonable time of receipt of the withdrawal notification.

9.4 Member is an independent contractor. Member is solely responsible for any taxes or fees associated with earning a referral bonus.

9.5 Neotaste makes no guarantees regarding Member's potential earnings.

9.6 NeoTaste reserves the right to discontinue the referral bonus programme at any time. Such discontinuation shall not affect Member's right to any referral bonus amounts already due.

10 Ratings and Comments

10.1 NeoTaste may provide options for Members to rate and comment on Restaurants (“Ratings”). In this case, Ratings are only displayed pseudonymously (e.g. first name) and can be viewed publicly via the App and website.

  • Ratings and comments should reflect the subjective opinion of the Member about their satisfaction with the Restaurant. NeoTaste does not check ratings and comments for accuracy, truthfulness or legality. Members are solely responsible for the accuracy and legality of their ratings and comments and for the resulting legal consequences. NeoTaste is authorised, but not obliged, to check the compatibility of ratings and comments with the applicable legal provisions and these Terms and, if necessary, to amend or delete them. Improper use of the rating system is not permitted. Every Member is obliged to comply with the statutory provisions when posting ratings and comments and, in particular, to provide only truthful and factual information. In particular, every Member is obliged to:

  • not to impersonate another person and not to misrepresent their own identity;

  • not to harass, threaten or otherwise violate the dignity, honour or sexual self-determination of third parties;

  • not to engage in defamatory criticism and not to spread slander, insults, lies or false information;

  • not to post any inaccurate or unobjective ratings or comments;

  • not to submit any ratings or comments about themselves, their company or their employer or have them submitted by third parties;

  • not to make any use of the rating and comment system that is contrary to its purpose.

10.2 NeoTaste reserves the right to moderate, remove, or restrict access to Ratings where it breaches these Terms or applicable law. NeoTaste complies with the content moderation transparency obligations under the EU Digital Services Act..

10.3 The Member grants NeoTaste the non-exclusive, geographically unrestricted, transferable and sub-licensable rights of use to its Ratings and comments free of charge for use in the App and website, in particular the right to reproduce, make available to the public and distribute, insofar as these are eligible for copyright protection. In particular, NeoTaste is authorised to use ratings and comments even after termination of these Terms . The Member may request NeoTaste to delete their ratings and comments at any time. In this case, the granting of the right of use also ends.

11 Licence and Intellectual Property

11.1 "IP Rights" means all intellectual and industrial property rights, whether registered or unregistered, whether created by NeoTaste or acquired from third parties, and similar rights, including (but not limited to) copyright, design rights, trade mark rights and all applications or claims to such IP Rights.

11.2 NeoTaste grants the Member a non-exclusive, worldwide, non-transferable and sub-licensable licence, limited in time to the duration of the Agreement and revocable at any time, to use the App content protected by IP Rights. This right of use includes in particular the right to save, load and display the App in order to display, search for and book/redeem Deals.

11.3 Any other use of the App content, in particular for text and data mining in accordance with section 44b of the German Copyright Act (UrhG), is not permitted.

12 Term and Termination

12.1 Membership begins upon successful completion of Member account set-up and remains active indefinitely until the earlier of (i) account deactivation; (ii) or termination of these Terms. Account deactivation will automatically terminate these Terms.

12.2 A Subscription Agreement begins upon conclusion and remains in-force indefinitely until (i) terminated in accordance with its provisions; or (ii) termination of these Terms. Termination of a Subscription Agreement in accordance with its provisions will not automatically terminate these Terms (which shall continue to govern the Member’s access to the Member account and use of NeoTaste Campaigns which are not Paid Services, e.g., Loyalty).

12.3 If a free trial period has been agreed, the term specified in section 12.2 shall begin automatically at the end of the trial period.

12.4 Ordinary termination of the Subscription Agreement by NeoTaste or Member is possible:

  • in the case of an indefinite term, at the end of the current billing cycle.

  • at any time during the free trial period.

The termination can be sent by the Member, for example, by e-mail to support@neotaste.app or by NeoTaste to the e-mail address stored by the Member in their Member account.

12.5 The right of the parties to extraordinary termination of these Terms for good cause remains unaffected. Such good cause exists in particular if the Member is in arrears for more than 30 days or if the Member seriously violates these Terms or applicable laws.

12.6 NeoTaste reserves the right to suspend a Member’s access / use of the App at any time as a result of a breach of these Terms or misuse of the App.

13 Liability and Limitations of Liability

13.1 NeoTaste only mediates the conclusion of an agreement between the Restaurant and the Member. NeoTaste is not responsible for the services provided by the Restaurants. The Restaurants are not representatives or vicarious agents of NeoTaste; conversely, NeoTaste is not a representative or vicarious agent of the Restaurants.

13.2 NeoTaste accepts no liability for the content, scope, fulfilment and quality of the services provided by the Restaurants. Furthermore, NeoTaste is not responsible if a restaurant refuses to honour any NeoTaste Campaign.

13.3 NeoTaste shall only be liable for its own breaches of duty and breaches of duty by its legal representatives and vicarious agents in cases of intent and gross negligence. Liability for simple negligence is limited to breaches of cardinal obligations. Cardinal obligations are obligations that make the execution of the Agreement possible in the first place and on the fulfilment of which the Member may rely.

13.4 In all other cases, liability of NeoTaste is excluded, unless mandatory by law, in particular in cases of injury to life, limb or health, the assumption of an express guarantee, fraudulent concealment of a defect or for claims under the Product Liability Act.

14 Final Provisions

14.1 NeoTaste strives to ensure the App and website are available without interruption, but cannot guarantee continuous availability or error-free operation. NeoTaste may temporarily restrict access by Members for maintenance, updates or security purposes.

14.2 NeoTaste may amend and/or update these Terms with effect for the future if this is necessary for technical, economic or legal reasons and to the extent that this does not constitute a change that affects the basis of the legal relationship between the parties and is equivalent to the conclusion of a new agreement. Any amendment to these Terms shall be notified to the Member by e-mail to the e-mail address stored in the Member account at least six weeks prior to its intended entry into force. The Member may agree or object to the amendment up to the date on which it is intended to come into force. The amendment shall be deemed to have been accepted by the Member if the Member does not object to the amendment before the date on which it is intended to enter into force.

If the Member objects to the amendment of the Terms, the Agreement will be continued under the previous, unchanged Terms. In this case, NeoTaste is entitled to terminate the Agreement without notice within a period of four weeks.

NeoTaste will expressly and separately inform the Member in the notice of change of the possibility of objection and the deadlines for the objection as well as the significance or the consequences of failing to object.

14.3 All amendments or additions to these Terms must be made in text form to be effective. Amendments to the agreement which waive the text form requirement shall become ineffective if they are not confirmed in text form by both parties within one week. Verbal ancillary agreements do not exist.

14.4 The Agreement shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the Member has its habitual residence as a consumer, shall remain unaffected.

14.5 Should individual provisions of this Agreement be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Both contracting parties hereby undertake to replace ineffective or unenforceable provisions with other provisions or to fill gaps in the provisions with appropriate provisions that come closest to the economic purpose of the ineffective provision but are effective in turn.

15 Cancellation Policy

Consumers have a fourteen-day right of cancellation if they enter into a Subscription Agreement with NeoTaste for Paid Services.

Right of Cancellation

You have the right to cancel a Subscription Agreement within fourteen days without giving any reason.

The cancellation period is fourteen days from the date of conclusion of the Subscription Agreement.

To exercise the right to cancel, you must inform us (NeoTaste GmbH, Schönhauser Allee 180, 10119 Berlin, support@neotaste.app)
of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of Cancellation

If you cancel the Subscription Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel the Subscription Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have agreed that the service should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to the Subscription Agreement compared to the total scope of the services provided for in the Subscription Agreement.

Sample Cancellation Form

(If you wish to cancel the Subscription Agreement, please complete and return this form).

  • To [address], [e-mail]

  • I/we () hereby cancel the SubscriptionAgreement concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

  • Ordered on ()/received on ()

  • Name of the consumer(s)

  • Address of the consumer(s)

  • Signature of the consumer(s) (only for notification on paper)

  • Date

(*) Delete as appropriate.

End of the cancellation policy

Status: 11/2025