Terms of Service

These Terms of Service ("Terms") govern your use of the Vake Up mobile app, web app (PWA), website at vakeupfridge.ch, our smart fridges, and all related services (together, the "Service").

The Service is operated by:

Vake Up GmbH Herbergsgasse 2, 4051 Basel, Switzerland UID: CHE-165.172.552 Contact: dev@vakeupfridge.ch

("Vake Up", "we", "us", "our")

1. Acceptance of these Terms

By creating an account, using the app, or taking items from a Vake Up fridge, you enter into a binding agreement with Vake Up GmbH on these Terms, and you confirm that you have read our Privacy Policy.

If you do not agree to these Terms, please do not use the Service.

These Terms also serve as the end-user licence agreement (EULA) for the Vake Up app where you obtain it from the Apple App Store or Google Play. Section 17 sets out the additional terms that apply in that case.

2. What the Service is

Vake Up operates smart, self-service fridges stocked with freshly prepared, plant-forward meals and snacks, together with an app that lets you:

set personalised daily nutrition targets and track your macros;
browse the contents and locations of nearby fridges;
purchase items via the app;
earn and redeem VakeUp Coins;
apply CSS Guthaben credit or an employer/gym subsidy, if eligible;
take part in community votes on new recipes and products.

We may add, change, or remove features over time. We will not make changes that materially reduce the core functionality you have paid for without giving you notice under Section 15.

3. Eligibility and age

You must be at least 18 years old to create an account and use the Service. By registering, you confirm that you meet this requirement and that the information you provide is accurate and complete.

You must have the legal capacity to enter into a contract. If you are using the Service on behalf of an organisation, you confirm you are authorised to bind that organisation to these Terms.

Where Vake Up is offered through an employer or gym partner, that partner may set additional eligibility conditions — for example an active membership or employment relationship. See Section 8.3.

4. Your account

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
You must provide accurate registration and billing information, and keep it up to date.
Health and profile data used to personalise your macro targets is optional and processed only with your consent — see the Privacy Policy, Section 3.2.
Notify us immediately at dev@vakeupfridge.ch if you suspect unauthorised use of your account. We will suspend checkout on the account while we investigate.
You may not share, sell, or transfer your account to anyone else. Each account is personal to one individual.
We enable two-factor authentication for all accounts and strongly recommend you activate it.

5. How purchases work at the fridge

Vake Up operates two types of fridge, and the app tells you which type you are at before you start. The purchase mechanism differs, and so do your obligations.

5.1 Unlock-and-take fridges

You authenticate in the app and present the on-screen code or tap to unlock the fridge.
Before the door opens, we place a pre-authorisation on your selected payment method to cover a typical purchase.
You take the items you want and close the door.
The fridge's sensors determine which items were removed, and we charge your payment method for exactly those items. Any unused pre-authorisation is released.
You receive a digital receipt in the app, normally within a few minutes.

By unlocking a fridge of this type, you authorise us to charge your payment method for all items removed during that session.

5.2 Scan-and-pay fridges

You open the fridge and take the items you want.
You scan each item in the app and complete checkout before leaving the location.

At these fridges, you are responsible for scanning and paying for every item you remove. Removing an item without completing checkout is a breach of these Terms and, depending on the circumstances, may constitute an offence under Swiss criminal law.

5.3 Where a purchase contract is concluded

The display of items in a fridge or in the app is an invitation to purchase, not a binding offer. The purchase contract is concluded:

at an unlock-and-take fridge: when the door closes and the system registers the items you removed;
at a scan-and-pay fridge: when you confirm checkout in the app.

5.4 Availability and accuracy

We make reasonable efforts to keep fridge stock levels and item information in the app accurate and up to date, but stock changes continuously and we cannot guarantee that a specific item shown in the app is still available when you arrive.

6. Prices, VAT, and payment

6.1 Prices

Prices are shown in Swiss francs (CHF) in the app and at the fridge, and are the prices that apply at the moment of purchase. All prices include Swiss VAT at the reduced rate of 2.6% applicable to foodstuffs. Where an item is subject to the standard VAT rate, this is indicated on the item and reflected in the displayed price.

We may change prices at any time. Price changes never apply retroactively to purchases already made.

6.2 Payment methods

Payments are processed by Stripe Payments Europe Ltd. Supported methods include TWINT, credit and debit cards, and other methods Stripe supports in Switzerland.

Vake Up does not receive or store your full card details. By adding a payment method, you authorise us, via Stripe, to charge it for purchases you make and for any amounts you owe us under these Terms.

You must keep a valid payment method on file to use the fridges.

6.3 Failed, reversed, or disputed payments

If a payment fails, is reversed, or is charged back after items have been taken:

we will notify you in the app and by email, with details of the transaction;
you have 10 days from that notice to settle the outstanding amount or to tell us why you dispute it;
we may suspend your ability to unlock fridges and check out until the balance is settled;
if you dispute the charge, we will review the transaction data — including fridge sensor records and timestamps — and share the relevant evidence with you.

We will not send a claim to debt collection without first notifying you and giving you a genuine opportunity to resolve or dispute it.

6.4 Receipts

Digital receipts for every purchase are available in the app under Order history. You can export receipts as PDF for expense purposes.

7. Refunds and food quality

Under Swiss law there is no general statutory right of withdrawal for food purchases, and for hygiene and food-safety reasons we cannot accept the return of items that have left the fridge.

We do, however, want you to be satisfied with what you buy. If an item is defective — spoiled, damaged, past its use-by date, incorrectly labelled, or not what the app described — contact us at dev@vakeupfridge.ch within 48 hours of purchase.

Please include your order number and, if possible, a photograph. We will review each case individually and, where the complaint is justified, refund the item to your original payment method or credit your account in VakeUp Coins, at your choice. Refunds to a payment method are normally processed within 5 to 10 working days.

We may also issue a refund where a fridge malfunctions — for example if you are charged for an item you did not take.

Nothing in this section limits your statutory warranty rights for defective goods under Art. 197 ff. of the Swiss Code of Obligations, or our liability under the Swiss Product Liability Act (see Section 13).

8. VakeUp Coins, CSS Guthaben, and subsidies

8.1 VakeUp Coins

VakeUp Coins are a loyalty currency you earn through purchases, community participation, and promotions, and can redeem for discounts on future purchases in the app.

Coins do not expire.
Coins have no cash value. They cannot be exchanged for cash, transferred between accounts, sold, or redeemed outside the Service.
Coins are forfeited if we terminate your account for a breach of Section 11.
We may change the rate at which Coins are earned or the value at which they are redeemed. We will give you at least 30 days' notice in the app before any change that reduces the value of Coins you have already earned, and you may redeem your existing balance at the previous rate during that period.
On account deletion, unredeemed Coins lapse. We recommend redeeming your balance before closing your account.

8.2 CSS Guthaben

Vake Up is a participating partner in the CSS Guthaben programme. If you are a CSS customer with an eligible wellness credit, you can link your CSS account in the app and apply that credit toward Vake Up purchases.

Linking uses OAuth: you authenticate directly with CSS, and we never receive your CSS credentials.
Your eligibility, the size of your credit, and the terms on which it may be used are determined by your agreement with CSS, not by these Terms. CSS may change or end the programme.
We apply available credit at checkout and settle with CSS directly. If CSS declines or reverses a credit after a purchase, the amount becomes payable by you via your registered payment method, and we will notify you before charging it.
We share with CSS only your membership identifier and the transaction amount. We do not share your health data, macro profile, or what you bought.
If a dispute arises about your credit balance or eligibility, it must be resolved with CSS. We will help by providing transaction records.

8.3 Employer and gym subsidies

If your employer or gym sponsors your Vake Up use, part or all of your purchase price may be subsidised under our agreement with that organisation.

Your eligibility depends on your continuing relationship with that organisation. If it ends, so does the subsidy — usually with effect from the end of the current billing month.
Subsidies may be capped per month or per purchase. The app shows your remaining allowance.
We report to the sponsoring organisation only your subsidy usage amount. We never disclose your health data, macro targets, order contents, or purchase times.
If the sponsoring organisation fails to pay us, we may suspend the subsidy, but we will notify you first and you will retain full access to the Service on a normal pay-per-item basis.

9. Pricing model and future subscriptions

The Service currently operates on a pay-per-item basis. There is no charge for creating an account, using the app, or tracking your macros — you pay only for the items you buy.

We intend to introduce optional paid subscription tiers in future. If and when we do:

the tier, its price, its billing frequency, what it includes, its minimum term, and how to cancel will be set out in supplementary terms presented to you before you subscribe;
you will never be enrolled in a paid subscription without an explicit, separate opt-in;
those supplementary terms will form part of these Terms for subscribers, and will prevail over these Terms where they conflict;
auto-renewal, if any, will be clearly disclosed, and we will notify you before each renewal.

Nothing in these Terms authorises us to charge you a recurring fee absent such a separate agreement.

10. Nutrition and health information — important disclaimer

Vake Up is a food service and a nutrition-tracking tool. It is not a medical device, and we do not provide medical advice.

The macronutrient targets the app calculates are estimates produced by a general-purpose formula from the information you provide. They are not tailored to any medical condition and are not a substitute for advice from a doctor, registered dietitian, or other qualified health professional.
If you are pregnant or breastfeeding, have a medical condition (including diabetes, kidney disease, or an eating disorder), or are taking medication, consult a healthcare professional before relying on these targets.
Nutritional values shown for items are based on recipe calculations and supplier data. Natural variation in ingredients means actual values may differ.
Data synced from connected fitness apps is provided by those apps. We display it as received and cannot verify its accuracy.

Allergens

We take allergens seriously, and so should you. Allergen information for each item is shown in the app and on the product label.

However, our meals are prepared in a kitchen that handles gluten, milk, eggs, soy, nuts, peanuts, sesame, fish, crustaceans, molluscs, celery, mustard, lupin, and sulphites. We cannot guarantee that any item is free from traces of these allergens through cross-contact.

If you have a severe allergy or intolerance, please read the product label carefully before eating, and contact us at dev@vakeupfridge.ch if you need more detail about a specific item. If you are in any doubt, do not consume the item.

Nothing in this section excludes or limits our liability for personal injury or death caused by defective food — see Section 13.

11. Acceptable use

You agree not to:

take items from a fridge without completing payment as required by Section 5;
use the Service for any unlawful purpose;
damage, tamper with, or interfere with fridge hardware, sensors, locks, or the surrounding installation;
attempt to manipulate or exploit the macro engine, VakeUp Coins, CSS Guthaben integration, employer subsidies, or payment processing — including by creating multiple accounts to claim promotions more than once;
reverse-engineer, decompile, or attempt to extract the source code of the app, except to the extent this is expressly permitted by mandatory law;
access the Service by automated means (bots, scrapers, crawlers) without our prior written permission;
resell items purchased from a Vake Up fridge in the course of business;
submit abusive, fraudulent, defamatory, or misleading content through community features;
impersonate another person or misrepresent your affiliation with an employer, gym, or CSS.

Breaching this section may lead to suspension or termination of your account under Section 14, to a claim for damages, and — for tampering, theft, or fraud — to a report to law enforcement.

12. Intellectual property

The Service — including the app and its interface, the Vake Up name and logo, our recipes, photography, and written content — is owned by Vake Up GmbH or our licensors, and protected by copyright, trademark, and other laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the app for your own personal, non-commercial purposes. All rights not expressly granted are reserved.

You keep ownership of content you submit — votes, feedback, suggestions, and support correspondence. By submitting it, you grant us a worldwide, royalty-free, perpetual licence to use it to operate, analyse, and improve the Service, including to develop new products. We will not publish content that identifies you personally without your permission.

If you send us a product idea or suggestion, we may use it without obligation to compensate you. Please do not send us confidential information you do not want us to use.

13. Liability

To the maximum extent permitted by Swiss law:

The Service is provided "as is" and "as available". We do not warrant that the app or the fridges will operate without interruption or error, that a specific item will be in stock, or that a specific fridge will be accessible at a given time.
We are not liable for indirect or consequential damages — for example loss of profit, loss of data, or loss of opportunity — arising from your use of the Service.
Our liability for slight negligence is limited to the amount you paid for the order giving rise to the claim.

These limitations do not apply, and we remain fully liable, in the following cases:

death or personal injury;
damage caused by defective food products, for which we are liable under the Swiss Product Liability Act (PrHG);
gross negligence or wilful misconduct on our part or that of our staff;
any other liability that cannot lawfully be excluded or limited under Swiss law.

Nothing in these Terms excludes or restricts your statutory rights as a consumer.

We are not responsible for the acts or omissions of CSS, your employer or gym, or third-party app providers whose services you choose to connect. Claims relating to those services must be pursued against the relevant party.

14. Suspension, termination, and account deletion

14.1 By you

You may stop using the Service at any time and delete your account under Settings → Account → Delete account. If you no longer have the app installed, you can request deletion on the web at https://vakeupfridge.ch/delete-account.html, or by writing to dev@vakeupfridge.ch with the subject line "Delete my account" — you do not need to reinstall the app. Deletion takes effect immediately for access purposes; your personal data is deleted within 30 days, subject to our legal retention obligations (Privacy Policy, Section 7). Unredeemed VakeUp Coins lapse on deletion.

14.2 By us

We may suspend or terminate your account if:

you materially breach these Terms, in particular Section 5 (payment) or Section 11 (acceptable use);
we have reasonable grounds to suspect fraud or unauthorised access;
you have an unsettled balance under Section 6.3 after the 10-day period has passed;
we are required to do so by law.

Except where the breach is serious or we are legally obliged to act immediately, we will give you notice and a reasonable opportunity to remedy the issue before terminating. We will tell you the reason for any suspension or termination unless we are legally prevented from doing so.

14.3 Discontinuing the Service

If we decide to discontinue the Service or a material part of it, we will give registered users at least 60 days' notice, and we will allow you to redeem your VakeUp Coins balance during that period.

14.4 Survival

Sections 6 (amounts owed), 7, 12, 13, 15, 16, and 17 survive termination, along with any other provision that by its nature should continue to apply.

15. Changes to these Terms

We may update these Terms — for example to reflect new features, new payment methods, or changes in law.

For material changes — anything affecting your payment obligations, your rights, our liability, or the VakeUp Coins programme — we will notify you in the app and by email at least 30 days before the change takes effect. If you do not accept the change, you may delete your account before it takes effect, and we will refund any prepaid amounts for services not yet delivered.

For minor or clarifying changes, we will update the version number and date at the top of these Terms.

Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, mandatory Swiss consumer protection rules on jurisdiction apply: you may bring a claim at the courts of your Swiss domicile or at our registered office in Basel, and we may bring a claim only at the courts of your domicile.

In all other cases, the exclusive place of jurisdiction is Basel-Stadt, Switzerland.

Before starting legal proceedings, we would ask you to contact us at dev@vakeupfridge.ch so we can try to resolve the matter directly. Most issues are resolved this way.

17. App store terms (Apple App Store and Google Play)

This Section applies when you download or use the Vake Up app through the Apple App Store or Google Play. It supplements the rest of these Terms. Where it conflicts with another provision, this Section prevails in respect of the app itself; it does not affect the sale of food, which is governed by Sections 5 to 7.

17.1 Acknowledgement

These Terms are concluded between you and Vake Up GmbH only — not with Apple Inc. or Google LLC. Apple and Google are not parties to these Terms. Vake Up alone, and not Apple or Google, is responsible for the app and its content.

17.2 Scope of the licence

Vake Up grants you a personal, non-exclusive, non-transferable, revocable licence to use the app on any Apple-branded product that you own or control, or on any Android device that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions or the Google Play Terms of Service, and by these Terms. Where Apple's Usage Rules allow it, the licence extends to other people through Family Sharing or volume purchasing. The app is licensed, not sold, to you. See also Section 12.

17.3 Maintenance and support

Vake Up is solely responsible for providing any maintenance and support services for the app. Apple and Google have no obligation whatsoever to furnish any maintenance or support services in relation to the app. Support requests go to dev@vakeupfridge.ch.

17.4 Warranty

Vake Up is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you — the Vake Up app is supplied free of charge, so that amount is zero. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Vake Up's sole responsibility. Your mandatory statutory rights as a consumer under Swiss law are unaffected (Section 13).

17.5 Product claims

Vake Up, and not Apple or Google, is responsible for addressing any claims by you or by a third party relating to the app or your possession and use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to an applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation — including claims connected to the app's use of Apple HealthKit or Health Connect.

17.6 Intellectual property claims

If a third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, Vake Up, and not Apple or Google, is solely responsible for the investigation, defence, settlement, and discharge of that claim.

17.7 Legal compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.8 Developer name and address

Questions, complaints, or claims about the app should be addressed to:

Vake Up GmbH, Herbergsgasse 2, 4051 Basel, Switzerland — dev@vakeupfridge.ch

17.9 Third-party terms of agreement

You must comply with any applicable third-party terms when using the app — for example the terms of your mobile data plan, the Apple Media Services Terms and Conditions, and the Google Play Terms of Service. Where you choose to connect an optional third-party service (Apple Health, Health Connect, Fitbit, MyFitnessPal, CSS), that provider's own terms govern that service.

17.10 Third-party beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right — and will be deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary. The equivalent applies to Google LLC and its affiliates in respect of the app obtained through Google Play.

17.11 Food is not an in-app purchase

Meals, snacks, and drinks bought from a Vake Up fridge are physical goods consumed outside the app, in the physical world. Consistent with App Store Review Guideline 3.1.5(a) and Google Play's Payments policy, they are paid for using external payment methods — card, Apple Pay, Google Pay, or TWINT, processed by Stripe — and not through Apple's or Google's in-app purchase systems. Apple and Google are not parties to those purchase contracts, receive no commission on them, and bear no responsibility for the food, its quality, its availability, or its collection. If we introduce subscriptions (Section 9), we will state at that time which payment mechanism applies to them.

18. General

Severability. If any provision of these Terms is found invalid or unenforceable, the rest remains in full force, and the invalid provision is replaced by a valid one that comes closest to its commercial purpose.
No waiver. If we do not enforce a right under these Terms on one occasion, that does not waive our right to enforce it later.
Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to a successor entity in connection with a merger, acquisition, or restructuring, provided your rights are not reduced.
Entire agreement. These Terms, together with the Privacy Policy and any supplementary terms under Section 9, constitute the entire agreement between you and Vake Up regarding the Service.

19. Contact

Vake Up GmbH Herbergsgasse 2 4051 Basel Switzerland UID: CHE-165.172.552

Email: dev@vakeupfridge.ch

These Terms are published in English and German. In the event of any discrepancy, the German version prevails.

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