Terms and Conditions — Vendors (Food Trucks)
These General Terms (the "Terms" or "Contract") are concluded between ASAP Company SNC, a general partnership under Swiss law with registered office at Chemin de Maillefer 111, 1018 Lausanne, Suisse ("ASAP" or the "Platform"), and the operator of a food truck registered on the Platform, acting as a professional (the "Vendor"). Acceptance of these Terms takes place upon creation of the vendor account and conditions access to the Platform's services.
1. Subject of the Contract
ASAP operates a technical platform (mobile app and dashboard) allowing the Vendor to publish its food truck listing (name, photos, position, menu, prices, hours), receive orders paid online by Customers, collect sales proceeds via Stripe Connect, and manage order fulfilment through to pickup. ASAP acts exclusively as a technical intermediary. The sales contract concluded with each order is made directly between the Vendor and the Customer. ASAP is neither the seller, reseller, nor owner of the food products offered.
2. Registration and access
The Vendor represents and warrants that it carries on its activity through a duly registered business, holds all permits and licences required to operate a food truck (municipal public-domain permits, establishment licence, FSA health authorisation), holds a valid food-hygiene training certificate (FSO), is subject to Swiss VAT if its turnover requires it, and acts as a professional. Before being able to collect payments, the Vendor completes the Stripe Connect (Express) identity verification, which is entirely Stripe's responsibility and conditions account activation. The Vendor account is created outside the iOS app, which only allows signing in to an existing account. The Vendor is solely responsible for the confidentiality of its credentials; any action from its account is deemed taken by it.
3. Vendor obligations
The Vendor undertakes to comply at all times with the FSA and its ordinances (in particular the FSO), hygiene rules (cold chain, traceability, temperatures, cleanliness), the obligation to inform on the 14 mandatory-declaration allergens when present, display of VAT-inclusive prices (2.6% take-away), municipal rules on use of the public domain, and the labour law applicable to its staff. It warrants that published information (name, photos, descriptions, ingredients, prices, hours) is accurate, up to date and compliant, and that it holds the rights to any photo. It undertakes to prepare any paid and accepted order under normal waiting conditions, to make the order available to the Customer presenting the pickup code, not to arbitrarily refuse a paid order (except for stock shortage, unforeseen closure or justified health incident), and to inform the Customer in case of significant delay. The Vendor activates the "online" status only when open and ready. It processes Customer data solely for order fulfilment; any other use is prohibited.
4. ASAP obligations
ASAP undertakes to make the Platform available with reasonable availability (best-efforts, not results obligation), to transmit paid orders in real time, to manage the financial flow via Stripe Connect within applicable Stripe timeframes, to provide technical support in case of a Platform incident, and to comply with its Privacy Policy regarding Vendor data.
5. Financial model
The Vendor freely sets the price of its products (VAT 2.6% included). ASAP charges a 9% service commission calculated on the subtotal of ordered products, automatically deducted at the transaction via Stripe Connect's application_fee mechanism ("destination charges"). The commission is non-refundable for customer/vendor disputes handled by the Vendor. The Vendor is the "merchant of record": it is legally the seller, issues the invoice if requested, and owes VAT on the total product price. The Vendor declares and remits Swiss VAT itself (reduced rate 2.6% take-away); ASAP issues a monthly invoice for its commission, subject to the standard VAT rate (8.1% in 2026) where applicable. Sales proceeds net of commission are paid to the account entered in Stripe Connect per the Stripe schedule. On a refund, the amount refunded to the Customer is debited from the Vendor's Stripe balance; on a chargeback, the Vendor bears the loss and Stripe fees, unless proof of handover (validated pickup code). Service fee paid by the Customer: the ASAP service fee of 9% (VAT included), with a minimum of CHF 1.30 per order, is paid by the Customer on top of the prices listed by the Vendor; the Vendor therefore keeps 100% of the price it freely set for its products. Payouts: ASAP groups the Vendor's earnings into at most one bank payout per day. A flat banking fee of CHF 2.00 is deducted from each payout made; no fee is charged on days without a payout. When the payment account is activated (new Vendor or changed bank details), the first payout may be held for several days — typically around 7 — by the payment provider Stripe for legal checks (anti-money-laundering, KYC). Payouts then become daily. Subscription: access to the Service as a Vendor is subject to a subscription of CHF 129 per month or CHF 999 per year (VAT included where applicable). The first year is free from the creation of the Vendor account. Renewal is not charged automatically: when due, ASAP Company SNC sends the Vendor an invoice payable by bank transfer, TWINT or any other payment method made available by ASAP outside the app. Failing payment, access to selling features is suspended until settlement, with no penalty or additional charges. Subscription amounts may be revised in accordance with the "Changes" section.
6. Cancellation and disputes
As long as the Vendor has not started preparation, cancellation by the Customer is free and gives rise to a full refund. Once preparation has begun, cancellation is in principle not possible (prepared perishable goods) except with the Vendor's agreement. The Vendor may cancel for a legitimate reason (shortage, incident, obvious error); the Customer is fully refunded, and abusive use of this option may lead to account suspension. Where the Vendor cancels an order that has already been paid, the payment provider's transaction fees relating to that order, which are not returned by the provider upon refund, are borne by the Vendor and deducted from the Vendor's balance or next payout. In case of a product dispute (missing item, quantity, quality, conformity, undeclared allergen), the Customer first contacts the Vendor; failing resolution, ASAP may step in as a good-faith intermediary, without prejudging the merits; the Vendor remains solely responsible for the product and its consequences.
7. Liability
The Vendor is solely responsible for the quality, quantity, conformity, composition, wholesomeness, safety and any characteristic of the products (portion, presentation, temperature, freshness), for compliance with hygiene rules and the cold chain, for allergen information, for any harm caused to a Customer or third party by its products or activity, and for the payment of its taxes, VAT and social charges. The Vendor undertakes to take out and maintain professional civil liability insurance. ASAP, a technical intermediary held to a best-efforts obligation, has its liability limited to direct damages caused by a serious breach of its own obligations, up to the commissions received from the Vendor over the last 6 months. ASAP is in no case liable for the quality or any characteristic of the products, for a missing allergen or a health incident, for the conduct of the Vendor, its staff or the Customer, for unavailability due to a sub-processor, or for force majeure. The Vendor indemnifies ASAP against any claim resulting from a breach of its obligations.
8. Intellectual property
The app, code, the "ASAP" trademark, logos and all elements of the Platform remain the exclusive property of ASAP; the Vendor receives a non-exclusive, non-transferable right of use for the duration of the Contract. The Vendor retains ownership of its own trademarks and content and grants ASAP a non-exclusive, free, worldwide licence to use such content to display it in the Platform and promote it during the Contract.
9. Suspension and termination
ASAP may suspend account access without notice in case of suspected or established fraud, serious harm to the safety, health or dignity of a Customer, repeated breach of hygiene rules or the FSA, or payment default or KYC irregularity. The Vendor may terminate at any time from its account; pending orders must be honoured and the Stripe balance is paid per the usual schedule. ASAP may terminate with 30 days' notice, or immediately for serious cause. On termination, the profile is deactivated and no longer visible to Customers; accounting and tax obligations (10 years, art. 958f CO) remain applicable and commissions owed remain due.
10. Changes
ASAP may amend these Terms to reflect legal, technical or economic developments. Any substantial change is notified to the Vendor at least 30 days before it takes effect. Within this period the Vendor may terminate free of charge. Failing objection within the period, the new Terms are deemed accepted.
11. Force majeure
Neither party may be held liable for a breach caused by a force majeure event (natural disaster, pandemic, general strike, failure of a major third-party operator, public authority measure, etc.).
12. Miscellaneous
The parties are legally and economically independent; the Contract establishes no employer/employee, agency or partnership relationship. The Vendor may not assign the Contract without ASAP's written consent; ASAP may assign to a successor in case of reorganisation, after notice. If a clause is held void, the others remain in force. The Contract constitutes the entire agreement and prevails over any prior exchange.
13. Governing law and jurisdiction
This Contract is governed exclusively by Swiss law. Any dispute falls within the exclusive jurisdiction of the ordinary courts of Lausanne (Vaud), subject to mandatory rules of procedure.
Contact
Contact and complaints: asap.app@proton.me.
v2026-08-04