Terms and Conditions

For the use of the Theky service by hospitality businesses and companies

This is a courtesy translation. The German version is legally binding.

Last updated: 15 August 2026

1. Provider and scope

The provider is Theky GbR, Batuhan Karadag and Ahmet Kazmacan, Hauptstraße 53, 90537 Feucht, Germany ("Theky", "we"). These terms apply to all contracts on the use of the Theky service between Theky and the customer. Deviating terms of the customer apply only if we expressly agree to them.

2. Description of services

Theky provides a digital loyalty-card and messaging service. This includes in particular: the digital loyalty card in Apple Wallet and Google Wallet, stamping via scanner, sending messages to guests' cards, and internal metrics. Under our managed model, we handle the setup for the customer (card design, reward, printed display material, staff briefing). The scope of functions follows from the current service description on theky.de.

3. Conclusion of contract

The contract is concluded when the customer creates an account or starts the paid subscription and we confirm this or activate access. The customer warrants that they are an entrepreneur and that their information is truthful.

4. Prices, free first month, payment

• The price is €39 net per month plus applicable VAT.
• The first month is free; the first charge occurs after 30 days unless cancelled before.
• There is no setup fee.
• Payment is processed via our payment provider Stripe. The customer provides a valid means of payment.

If the customer defaults on payment, we may suspend access after a reasonable period.

5. Term and termination

The contract runs for an indefinite period and can be cancelled monthly, effective at the end of the paid month. Cancellation is possible informally, e.g. by email to kontakt@theky.de or via the account. The right to extraordinary termination for good cause remains unaffected.

6. Customer obligations

The customer uses the service only within applicable laws. The customer keeps their credentials confidential and is responsible for the actions of their staff (scanner). The customer ensures that content they provide (e.g. shop name, reward, review links) does not infringe third-party rights.

7. Messages to guests

The customer sends messages to guests on their own responsibility. The customer ensures that they are entitled to send them, that the content is permissible (no spam, no misleading or unlawful advertising) and that any required consents are in place. Theky merely provides the technical means for this.

8. Data protection and processing

For guest data, the customer is the controller under data protection law; Theky processes this data as a processor. The Data Processing Agreement applies and forms part of this contract. Our Privacy Policy applies otherwise.

9. Availability

We strive for high availability of the service but do not owe uninterrupted availability. Maintenance, disruptions at third-party services (e.g. Apple, Google, payment provider) or force majeure may lead to temporary limitations.

10. Liability

We are liable without limitation for intent and gross negligence and for injury to life, body or health. In cases of simple negligence, we are liable only for the breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded. Liability under the German Product Liability Act remains unaffected.

11. Changes to these terms

We may change these terms with effect for the future where objectively necessary (e.g. changed legal situation or functions). We inform the customer in good time in text form. If the customer does not object within six weeks, the changes are deemed accepted; we will point this out separately. Otherwise, either party may terminate as of the effective date of the change.

12. Final provisions

German law applies. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered seat. Should individual provisions be invalid, the remainder of the contract remains effective. Amendments and side agreements require text form.

Version of these terms: 15 August 2026. Have a lawyer review before use.