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Terms of use

Last updated: 1 June 2026 · Version: 2026-06-01

These Terms of Service ("Terms") govern use of the Gast platform by entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), in particular hospitality and retail businesses. Consumers within the meaning of the KSchG are excluded from these Terms.

1. Contracting parties and scope

Provider: BetterVue, Oliver Birringer, Sobieskigasse 25/24, 1090 Vienna, Austria (VAT ID: ATU79027438) — referred to below as "Gast" or "we". Company details: Imprint.

Customer: The registered business (legal entity, sole proprietorship, or freelancer) using the platform for its loyalty programme — referred to below as "Customer" or "you".

These Terms apply to all services provided by Gast under app.mygast.com and related subdomains, including wallet loyalty cards, scanner, push notifications, and the management interface. Your conflicting terms apply only if Gast expressly agrees to them in writing.

2. Subject matter

Gast provides a Software-as-a-Service (SaaS) platform enabling businesses to operate digital loyalty programmes (stamp or points cards). End customers (guests) use Apple Wallet or Google Wallet; they do not need a Gast account. Gast provides in particular:

  • Configuration and design of wallet cards
  • Enrolment pages and QR codes for guests
  • Scanner functionality for staff (award stamps/points, redemptions)
  • Push notifications for pass updates
  • Statistics and management of locations, programmes, and team members

The exact scope of features is defined by the current product description on mygast.com and the system available at the time of contract conclusion. Gast may develop the feature set further, provided material contractual obligations are not impaired.

3. Conclusion of contract and registration

The contract is formed when you register, accept these Terms and the privacy policy, and Gast activates your access. Registration is via email (magic link) or Google OAuth. You must provide accurate information and keep credentials confidential. You are liable for actions taken through your account where you are responsible for them.

4. Trial and pilot phase

Gast may offer trial or pilot access free of charge and without a credit card. During the pilot, features, availability, and support may be limited. Gast may end pilot access at any time with reasonable notice or convert it to paid plans. Until a payment system is introduced, activation is manual by Gast.

5. Fees and payment

Unless individually agreed otherwise, use during the offered trial phase is free of charge. For future paid plans, prices, billing periods, and payment terms will be communicated separately before contract conclusion. All prices are exclusive of statutory VAT unless stated otherwise.

6. Customer obligations

The Customer undertakes in particular to:

  • Data protection: As controller of guest data, comply with the GDPR, Austrian DSG, and TKG 2021. Obtain required guest consents (especially for marketing push). Inform guests appropriately about data processing (own privacy notice or reference to Gast).
  • Lawful messaging: Send push messages only to guests with valid, current marketing consent; comply with § 174 TKG 2021 and § 7 UWG. Gast applies a per-recipient frequency cap as a technical safeguard, but the Customer remains responsible for the lawfulness, frequency, and relevance of its messages.
  • Push content (acceptable use): Push and card content must be lawful, truthful, and not misleading (§ 2 UWG). It must not be defamatory, harassing, discriminatory, or directed at singling out or pressuring an individual. Age-restricted promotions (e.g. alcohol) must comply with applicable youth-protection law; the Customer is responsible for age-appropriate targeting. No political, third-party, or unrelated advertising may be sent through guest marketing consent obtained for the Customer's own loyalty programme.
  • No data resale or repurposing: Guest data may be used solely to operate the Customer's own loyalty programme. It must not be sold, shared with third parties, or used for any purpose beyond that programme.
  • Accurate information: Maintain truthful business name, locations, and programme content.
  • Staff & employee monitoring: Grant team access only to authorised persons and revoke it promptly when they leave. The scanner records which staff member performed each scan and surfaces anomaly indicators for fraud prevention; this constitutes processing of employee data for which the Customer is the controller. The Customer is responsible for informing its staff and for obtaining any works-council agreement required under § 96/96a ArbVG (Austria) or equivalent.
  • Minors: Do not issue loyalty cards to persons under 16 without verifiable parental consent (Art. 8 GDPR).
  • No abuse: No manipulation of scans, no circumvention of technical limits (cooldowns, daily caps, frequency caps), no unlawful content on cards or in push messages.

Gast may suspend or deactivate a Customer's account, or individual campaigns, where it has reasonable grounds to believe the Customer is breaching this section — in particular where guest messaging is unlawful, abusive, or generates disproportionate complaints. Gast acts as processor and is required under Art. 28(3) GDPR to refuse instructions that would infringe data protection law.

7. Data processing agreement (DPA / AVV)

Where Gast processes personal data of guests on behalf of the Customer, Gast acts as processor under Art. 28 GDPR. By accepting these Terms, the Customer also accepts the Gast Data Processing Agreement (DPA / AVV), which sets out scope, purposes, sub-processors, technical measures, breach notification, and audit rights. A countersigned copy is available on request at privacy@mygast.com.

The Customer remains the controller of guest data under the GDPR; the Customer must obtain guest consents (in particular for marketing push and any future geofencing), inform guests appropriately, and respond to data subject requests addressed directly to it. Gast assists the Customer in fulfilling these obligations as set out in the DPA.

7a. Age requirements

The Customer ensures that loyalty cards are not issued to persons under 16 years of age without verifiable parental consent (Art. 8 GDPR). The Gast platform is not directed at children.

8. Availability and support

Gast strives for high platform availability but does not guarantee — unless covered by an individual SLA — any specific uptime. Planned maintenance will be announced in advance where possible. During the pilot, support is provided on a best-effort basis via email at hello@mygast.com.

9. Intellectual property

Gast retains all rights to the platform, software, trademarks, and documentation. The Customer receives a non-exclusive, non-transferable licence limited to the contract term for use within the agreed scope. Customer content, logos, and data remain the Customer's property. The Customer grants Gast the right to process, store, and transmit this content for contract performance, including to wallet providers (Apple, Google).

10. Warranty

Gast provides the platform in its current version ("as is"). During the pilot phase, warranty claims are excluded to the extent permitted by law. After introduction of paid plans, statutory warranty rights under Austrian commercial law (§§ 1170 ff. ABGB) apply unless expressly agreed otherwise.

11. Liability

Gast is fully liable for damage arising from injury to life, body, or health, and for intent and gross negligence. For slight negligence, Gast is liable only for breach of essential contractual obligations (cardinal duties), limited to foreseeable, typical contract damage. Liability for lost profit, indirect damage, and data loss is excluded unless mandatorily prescribed by law.

Gast's total liability per incident is capped at the amount paid by the Customer to Gast in the 12 months before the damaging event, but at least EUR 0 during free trial phases. This cap does not apply to intent, gross negligence, or injury to life, body, or health.

The Customer indemnifies Gast against third-party claims arising from unlawful use of the platform by the Customer or its staff, including data protection violations towards guests.

12. Term and termination

The contract runs for an indefinite period unless otherwise agreed. Either party may terminate with 30 days' notice to the end of a month. The right to extraordinary termination for good cause remains unaffected. Good cause for Gast includes in particular: payment default (for paid plans), material breach, abuse, or data protection violations.

After contract end, customer access is deactivated. Gast deletes or anonymises customer data within 90 days unless statutory retention obligations apply. Guest passes are deactivated; the Customer is responsible for informing its guests.

13. Confidentiality

Both parties treat each other's confidential information as confidential and use it only for contract performance. This does not apply to information that is public, lawfully obtained from third parties, or developed without breach of this obligation.

14. Changes to these Terms

Gast may amend these Terms with effect for the future. Changes will be communicated by email at least 30 days before they take effect. If you do not object within 30 days of receipt, the amended Terms are deemed accepted. Gast will state this objection period and the consequences of silence in the notice. If you object, Gast may terminate the contract when the changes take effect.

15. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is — where permitted by law — the competent court in Vienna, Austria. For businesses domiciled in Austria, the Commercial Court of Vienna (Handelsgericht Wien) has jurisdiction.

If individual provisions of these Terms are invalid, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.

Privacy: Our privacy policy applies. Dispute resolution: We do not participate in consumer arbitration proceedings (see Imprint).