These Terms and Conditions ("Terms") govern access to and use of the Gastronomika mobile application (the "Application" or "Service"), operated by Swiss Digital Cellar GmbH, a company registered under the laws of Switzerland, with its principal place of business at Zielweg 67, 8055 Zürich, Switzerland ("Gastronomika," "we," "us," or "our").
By downloading, accessing, or using the Application on any platform (including the Apple App Store or Google Play Store), you ("User," "you," or "your") agree to be legally bound by these Terms, which constitute a binding agreement between you and Gastronomika. If you do not agree, you must not use the Application.
The Application is a digital platform that allows Users to rate, review, and express opinions on food products, food shops, and food manufacturers. Users may upload text, ratings, and images associated with these reviews.
The Service is intended for informational and entertainment purposes only and does not provide professional food safety, nutritional, or health advice.
The Service is available globally, including but not limited to Switzerland, the European Union, and the United States.
Use of the Application is subject to the following minimum age requirements:
If you are under the legal age to enter binding agreements in your jurisdiction, you must have parental or guardian consent to use the Application.
You must provide accurate, current, and complete information during account registration and are solely responsible for safeguarding your login credentials.
You must promptly notify Gastronomika of any unauthorized use of your account.
Gastronomika reserves the right to suspend, deactivate, or terminate any account at its sole discretion and without notice, including for violations of these Terms.
Upon account deletion, Gastronomika may retain limited data as required for legal, compliance, or fraud prevention purposes in accordance with applicable law.
Users may post reviews, ratings, text, images, and other materials ("User Content").
Users retain all ownership rights to their User Content. However, by uploading or submitting it, you grant Gastronomika a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise utilize the content in connection with the Application and its promotional activities.
You confirm that your User Content does not infringe on any third-party rights (including copyright, trademark, or privacy), is not defamatory, obscene, abusive, discriminatory, misleading, or unlawful, and complies with all applicable laws and regulations.
Users with professional, commercial, or financial ties to any food brand, store, or manufacturer must disclose such connections and may not post biased or deceptive content.
User Content may be publicly visible within the Application, and you acknowledge that other users may view, share, or rely on it at their own risk.
Gastronomika reserves the right, but not the obligation, to monitor, edit, remove, or limit access to any User Content at any time and without prior notice.
Users are solely responsible for their own content and agree to indemnify and hold harmless Gastronomika from any claims arising from it.
You may upload images of food products to share with other users. By doing so, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute such content within the app and related services, solely for the purpose of operating and promoting the service. Do not upload any content containing faces, identifiable persons, or personal data. Uploaded content may be visible to other users. We reserve the right to remove any content that violates these terms or applicable law.
If you believe that any content infringes your rights, you may submit a notice under our Copyright and Takedown Procedure by contacting us at info@gastronomika.app.
Except for User Content, all materials provided through the Application—including but not limited to text, graphics, design, layout, software code, and trademarks—are the exclusive property of Gastronomika or its licensors and are protected by applicable intellectual property laws.
Third-party trademarks, logos, and brand names appearing in the Application are used solely for identification purposes and remain the property of their respective owners.
Users shall not reproduce, copy, distribute, publicly display, modify, create derivative works from, or otherwise exploit any content from the Application except as expressly permitted by these Terms or with written permission from Gastronomika.
Certain features of the Application may be offered through subscription-based services. These services are governed by a separate Subscription Policy, which outlines payment terms, renewal conditions, cancellations, and refunds. Use of such features constitutes acceptance of that Subscription Policy.
Your use of the Application is subject to our Privacy Policy, which explains how personal data is collected, processed, and protected. You must read and accept the Privacy Policy before using the Application.
Use of the Application requires a compatible device, internet connection, and regular updates. Gastronomika makes no guarantees regarding device compatibility.
The Application may be temporarily unavailable due to maintenance, system updates, or technical interruptions. Gastronomika assumes no liability for such unavailability.
Data charges or network fees incurred through your mobile carrier are your sole responsibility.
The Application and its content are provided on an "as is" and "as available" basis without any warranties, express or implied.
Gastronomika does not guarantee the accuracy, reliability, or completeness of any User Content. Users rely on such content at their own risk.
Gastronomika shall not be liable for any harm, loss, or damage—financial, reputational, or otherwise—resulting from User Content or any interactions between Users and third parties.
To the maximum extent permitted by law, Gastronomika disclaims all liability for indirect, incidental, consequential, or punitive damages, including loss of profits or goodwill.
In any case, Gastronomika's total aggregate liability arising out of or in connection with these Terms shall not exceed the total amount paid by the User (if any) for use of the Application during the twelve (12) months preceding the claim.
Users agree to indemnify and hold harmless Gastronomika, its officers, directors, employees, and agents from and against any claim, demand, or damage arising out of their use of the Application or violation of these Terms.
The Application may contain links, integrations, or redirection buttons to third-party websites, applications, or services, including online shops or e-commerce platforms where certain food products may be offered for sale. Gastronomika may highlight or promote certain third-party providers within the Application, including through designations such as "Partner" or similar labels. Gastronomika does not sell, resell, or distribute any products displayed within the Application and is not a party to any transaction between Users and third-party providers. Any purchase of goods or services is made solely between the User and the respective third-party seller, under that seller's own terms and conditions. Gastronomika does not verify or guarantee the availability, quality, pricing, safety, legality, authenticity, or delivery of any products or services offered by third parties. All information regarding such products or services, including pricing and availability, is provided by third parties and may be subject to change without notice. By accessing third-party links, Users acknowledge that they are leaving the Application. Gastronomika has no control over and assumes no responsibility or liability for any third-party content, services, policies, or practices, including any transactions, disputes, damages, losses, or claims arising from interactions with such third parties. Use of third-party services is governed by their own terms, conditions, and privacy policies. Users are solely responsible for reviewing and complying with those terms. Gastronomika shall not be liable for any third-party errors, outages, data breaches, or other issues beyond its control.
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict-of-law principles.
Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the competent courts in Zürich, Switzerland.
Notwithstanding the foregoing, users located in the United States agree that disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) and waive the right to participate in any class or collective action. U.S. users may opt out of arbitration within 30 days of account creation by contacting info@gastronomika.app.
EU and Swiss Users retain their statutory rights, including the ability to submit disputes through the EU Online Dispute Resolution (ODR) platform where applicable.
Gastronomika may suspend or terminate User accounts at any time, with or without notice, including where a User violates these Terms.
Users may delete their accounts at any time through the Application or by contacting support. Upon termination, public User Content may remain visible unless and until deleted by Gastronomika for legal or technical reasons.
Gastronomika reserves the right to modify or update these Terms at any time. Material changes will be communicated through the Application or by email at least 30 days prior to becoming effective. Continued use of the Application after the effective date constitutes acceptance of the revised Terms.
For questions or support regarding these Terms, please contact us:
Email: info@gastronomika.app
Address: Swiss Digital Cellar GmbH – Zielweg 67, 8055 Zürich, Switzerland
Website: www.gastronomika.app
The Application and these Terms may be made available in multiple languages for user convenience. In the event of any inconsistency or conflict between translated versions, the English version shall prevail and be deemed the authoritative and legally binding version.