General Terms and Conditions

These General Terms and Conditions (Terms) apply to the use of the SaaS platform “Menüheld”, operated by IT Consulting Lionel Müller, sole proprietorship, owner Lionel Müller, Vor dem Moritztor 4, 99084 Erfurt (hereinafter “operator”; Menüheld GmbH is in the process of being founded), by hospitality businesses (hereinafter “restaurant owner”). The platform is directed exclusively at entrepreneurs within the meaning of Section 14 BGB. By concluding the contract, the restaurant owner confirms that it is acting exclusively in the exercise of its commercial or independent professional activity.

The specific scope of services results from the order/service sheet; the following list describes the possible functional scope of the platform, insofar as booked:

The following applies uniformly to the conclusion of the contract: the restaurant owner submits a binding OFFER to conclude the contract by (a) electronically signing the Terms of Use and Partner Agreement, into which these Terms are incorporated as Annex 1, or (b) via self-service; the operator accepts this offer by means of the electronic confirmation displayed immediately after signing (automated declaration of acceptance in the confirmation view). The confirmation email sent in addition documents the contract already concluded and makes the contract documents permanently available. The self-service route (b) is only available if, before submitting their contractual declaration, the restaurant owner has been provided with the Terms of Use and Partner Agreement, these Terms, the data processing agreement and – where ordered – all product-specific supplementary agreements in full and in a storable form and has expressly accepted them; mere registration or the sole confirmation of these Terms is not sufficient. Activation of the POS module additionally requires in all cases the express incorporation of the Supplementary Agreement POS Module (Annex 3) and activation pursuant to its § 9; it never takes place solely through registration or confirmation of the Terms. (c) The contract is furthermore concluded by both parties signing the Terms of Use and Partner Agreement in written or text form; the version of the annexes designated therein is authoritative. The contract is concluded for an indefinite period. Both parties may terminate with 30 days' notice to the end of a month (text form suffices, e.g. email to info@menuheld.de or to the restaurant owner's email address stored in the order/service sheet or in the admin dashboard). The right to extraordinary termination for good cause remains unaffected — in particular in the event of repeated breaches of these Terms, payment default of at least two monthly fees or of more than one month despite a reminder, rejection of an insolvency petition for lack of assets, permanent cessation of business operations and – insofar as § 119 InsO does not preclude it – the opening of insolvency proceedings over the restaurant owner's assets, blocking/restriction of a payment service provider used by the restaurant owner (cf. § 5) or concrete, documented indications of a serious legal violation by the restaurant owner via the platform (e.g. sale of prohibited products, fraud, manipulation of records). Before an extraordinary termination, the restaurant owner receives – unless this is unreasonable – a period to remedy the situation or a warning, as well as a statement of reasons in text form.

Use of the platform is subject to a monthly fee as individually agreed. The fee is owed from the start of service/billing agreed in the order/service sheet; if no date is specified there, it begins with the activation of access. Delays due to a lack of cooperation by the restaurant owner or third parties commissioned by it (e.g. tax advisors) do not postpone the agreed billing start; the activation of the POS module (Annex 3 § 9) is documented separately. The fee is payable monthly in advance by SEPA direct debit or bank transfer; invoices are provided in text form. If the restaurant owner is in default, the operator may restrict or suspend access to the platform after a reminder with a reasonable deadline; the statutory consequences of default remain unaffected (Sections 286, 288 BGB, in business transactions in particular default interest and the lump sum under Section 288(5) BGB). For each returned direct debit for which the restaurant owner is responsible, it owes the third-party costs actually charged by the credit institution plus a lump sum of €5 for notification and re-collection; the restaurant owner reserves the right to prove that no or less damage was incurred, and the lump sum is credited against the lump sum under Section 288(5) BGB. If there are specific indications of a material deterioration in the restaurant owner's financial circumstances (in particular two consecutive returned direct debits, an admissible, not obviously unfounded insolvency petition or a seizure), the operator may make further performance dependent on prepayment for a maximum of three months, at most until the next possible ordinary termination date, or on adequate security. Prepayments are offset against the ongoing fees; amounts not used at the end of the contract are refunded within 14 days, and any security is released once all due claims have been settled. The withholding of performance is governed by the section “Suspension; restriction of services”. The operator is entitled to reasonably adjust the monthly fee at most once per calendar year to offset demonstrably increased costs (in particular hosting, third-party services, payment and communication infrastructure, personnel); the adjustment is announced in text form at least six weeks before it takes effect. If an increase does not exceed the rise in the consumer price index published by the Federal Statistical Office during this period, it is deemed agreed unless the restaurant owner objects in text form before it takes effect; increases beyond this require its consent. If the restaurant owner objects in good time, the previous price remains, and both parties have the right of ordinary termination. Transaction fees of the payment service providers used (in particular Stripe, PayPal) are billed directly by them to the restaurant owner (see § 5) and are not part of the platform fee. The operator receives no share of these transaction fees and gives no warranty whatsoever in this respect. The restaurant owner may only set off or exercise a right of retention with claims that are undisputed, ready for decision or legally established.

Online payments from end customers are processed exclusively via external payment service providers approved by the operator — currently in particular Stripe Connect (Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Dublin 2, Ireland) and PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). The operator is entitled to unilaterally extend, restrict or terminate the portfolio of connected payment service providers at any time — there is no obligation to permanently provide a particular payment method or a particular provider. The restaurant owner is obliged to create their own business account with each payment service provider they activate, to complete full verification (KYC/KYB) and to conclude the respective terms of use, service and acceptable use directly with the provider. These terms apply in addition to these Terms and Conditions.

The restaurant owner is the sole party placing the food and beverages offered via the platform on the market within the meaning of food and product liability law. It is solely responsible for ingredients, preparation, hygiene, cold chain, allergen labelling and the accuracy of all product information (price, description, images, quantities, allergens, additives). The operator merely provides the technical infrastructure for presentation and processing and in this respect assumes no warranty for content, accuracy or products. Any damage — in particular damage to health, allergic reactions, food poisoning or official fines — is borne by the restaurant owner INSOFAR as it is based on content, information or operating procedures for which the restaurant owner is responsible. If damage is demonstrably based on an incorrect technical presentation or transmission for which the operator is responsible, or on an incorrectly implemented, expressly promised check/mandatory field function of the platform, the operator is liable to that extent under § 12.

Depending on the scope of services booked, one of the following two regimes applies to the classification under POS and record-keeping law:

The restaurant owner is obliged to properly fulfil orders accepted by the system. If an order is not delivered, or is delivered late, incompletely or defectively, the restaurant owner is directly obliged towards the end customer to make a full or partial refund — regardless of whether the end customer actively demands this or initiates a chargeback. For refund instructions by the operator, EXCLUSIVELY the provision in § 5 applies (only in the case of cancellation in the system, non-delivery documented in the system or an express documented instruction from the restaurant owner); mere complaints — including by email — are merely forwarded by the operator to the restaurant owner, who decides on the refund itself.

The restaurant owner is the controller within the meaning of the GDPR for the data of its end customers. The operator processes this data exclusively on its behalf (Art. 28 GDPR); the data processing agreement (Annex 2) is concluded at the same time as the usage and partner agreement and forms part of it. The payment service providers used (in particular Stripe and PayPal) process payment data as independent controllers in accordance with their own privacy policies — the restaurant owner is obliged to provide its end customers with transparent information about this processing. Insofar as the operator processes data for its own purposes — in particular contract billing with the restaurant owner, ensuring IT security, preventing misuse and fraud, fulfilling its own legal obligations and asserting or defending its own legal claims — it is itself the controller within the meaning of the GDPR in this respect; these processing operations are not covered by the data processing agreement.

The operator discloses data stored with it concerning the restaurant owner and its business transactions to authorities only if (a) there is a lawful, binding official or court order (in particular from the tax authorities, including tax audits and cash register inspections, the law enforcement authorities, the courts or the data protection supervisory authority) or (b) the restaurant owner has instructed the disclosure in a documented manner. The operator reviews the jurisdiction and scope of the request within reasonable limits, restricts disclosure to the requested data (data minimization), documents each disclosure and informs the restaurant owner in advance, insofar as legally permissible and not prohibited by the authorities — otherwise without undue delay after the obstacle ceases to exist. Such lawful disclosure does not constitute a breach of this contract. The restaurant owner indemnifies the operator against third-party claims in connection with a lawful disclosure; this does NOT apply to damage resulting from excessive or erroneous disclosure for which the operator is responsible.

The operator is liable without limitation for intent and gross negligence, under the Product Liability Act, for injury to life, body or health, and in the event of fraudulent concealment of a defect or assumption of a guarantee. The operator's strict liability for defects already existing at the time of conclusion of the contract under Section 536a(1) BGB is excluded. In the case of slight negligence, the operator is only liable for breach of essential contractual obligations, limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract, and at most to the net amount paid by the restaurant owner to the operator in the last twelve months; this limit applies per contract year for all damage events combined. The contract year is the period of twelve months from the start of service/billing and each subsequent twelve-month period. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the restaurant owner may regularly rely. Otherwise, liability is excluded to the extent permitted by law (in particular lost profits, indirect damage and consequential damage from platform or third-party outages). INCREASED LIABILITY CAP (identical in the usage agreement and the Terms): Notwithstanding the 12-month limit, in the case of slight negligence the operator is liable for (i) internal recourse under Art. 82(5) GDPR, (ii) claims for breach of confidentiality obligations (section “Confidentiality”), (iii) infringements of intellectual property rights by the platform and (iv) — where the POS module has been booked — non-conformity for which it is responsible under Annex 3 § 8, up to a total amount of €25,000 per contract year; the operator's liability towards data subjects under Art. 82 GDPR remains unaffected. Backing up the platform data is a service obligation of the operator; the restaurant owner is responsible for retrieving the exports provided (in particular DSFinV-K, DATEV, order and customer data) at least monthly and keeping them on its own premises; if it fails to do so, damage due to data loss is reduced in accordance with Section 254 BGB. The restaurant owner's claims for damages and reimbursement of expenses become time-barred twelve months after the statutory start of the limitation period; this does not apply to claims based on intent, gross negligence, injury to life, body or health, under the Product Liability Act or in cases of fraud. The restaurant owner is solely responsible for the content, price, availability, delivery and preparation of the food offered (see § 7).

The restaurant owner indemnifies the operator against JUSTIFIED third-party claims that may legally be passed on — in particular from end customers, suppliers and payment service providers — resulting from breaches of duty for which the restaurant owner is specifically responsible, from products offered by it or from use of the platform for which it is responsible. Public-law fines and strictly personal sanctions against the operator are only covered insofar as passing them on is legally permissible and they are based on such a breach of duty by the restaurant owner. This also includes reasonable costs of the necessary legal defense (out-of-court and court attorney fees, court costs, expert fees). The share of causation for which the operator is responsible (contributory negligence) is excluded from the indemnity. The operator will inform the restaurant owner of such claims without undue delay, give it the opportunity to defend itself and will neither acknowledge a claim nor settle it without its prior consent, which may not be refused without good cause.

Both parties shall treat the other party's business and trade secrets, in particular revenue, pricing and technical information as well as the individually agreed terms, as confidential and use them only for performing this contract. This does not apply to information that is publicly known, information that the receiving party can prove it obtained independently, or disclosures required by law or by authorities (section “Information and data disclosure to authorities”); disclosure to advisors bound by professional secrecy (tax advisors, lawyers) remains permitted. The obligation continues for three years after the end of the contract, and indefinitely for trade secrets within the meaning of the German Trade Secrets Act (GeschGehG). For breaches, the section “Liability of the operator” applies with the increased liability cap set out there; the restaurant owner's liability is governed by statutory provisions.

The platform, source code, design, trademark rights and other intellectual property rights belong exclusively to the operator. The restaurant owner receives a simple, non-transferable, non-sublicensable right of use for the term of the contract; use by authorized employees and vicarious agents of the respectively booked business or location is permitted. The restaurant owner's content (menu, logos, images, texts) remains their property. The restaurant owner grants the operator a simple right of use to this content to the extent required to perform the contract. They warrant that they hold the necessary rights to the content provided (in particular logos, photos, trademark and menu texts) and indemnify the operator against justified third-party claims arising from an infringement of copyright, trademark, competition or personality rights by this content; otherwise, the section “Indemnification” applies accordingly. Trademarks: the restaurant owner may use the name and logo “Menüheld” only as a reference to use or compatibility (“powered by Menüheld”), not as part of their company, product or app name, their domains or social media handles, and not as a search engine advertising keyword; the operator uses the restaurant owner's name, logo and trademarks exclusively for their ordering site, customer app and the contractually owed services. Reference listing: only if the restaurant owner has consented in the order/service sheet or separately in text form may the operator name them with name and logo as a reference customer (website, presentations, press); consent may be revoked at any time in text form, and the operator removes the listing from its own media within 30 days of revocation; materials already printed may be used up but not reprinted, and press articles already published as well as copies stored by third parties are excluded from the removal claim. Feedback: the operator may use suggestions for improvement, bug reports and feature requests from the restaurant owner for the further development of the platform without remuneration and without an obligation to give credit; to the extent they are eligible for protection, the restaurant owner grants the operator a simple, free-of-charge right of use unlimited in time and territory. This does not involve any transfer of intellectual property rights to the content provided by the restaurant owner (logos, photos, texts).

The restaurant owner may switch to another provider or to its own environment at any time. The following applies:

The operator may only restrict or suspend services if there is a specific, documented reason: (a) payment default despite a reminder with a reasonable deadline, (b) serious or repeated violations of these Terms or of legal obligations via the platform, (c) suspension/restriction by a payment service provider under § 5, (d) a specific threat to the security or integrity of the platform or of third parties, or (e) the cases governed in § 4 (outstanding prepayment or security) and § 5 (suspension or temporary pause of the online payment function). The measure must be proportionate (the mildest suitable means, as a rule initially a partial suspension); except in cases of imminent danger, the restaurant owner receives a statement of reasons in text form in advance and an opportunity to remedy the situation, otherwise the reasons without undue delay after the measure. A temporary protective measure is to be distinguished from a final termination. Regardless of suspension or end of contract, the restaurant owner retains access to its data subject to tax retention requirements and to the export functions under the preceding section. During a justified suspension under this section, the restaurant owner's obligation to pay remains in effect.

Presentation/ranking: Each ordering site, subdomain or app belongs to exactly one restaurant owner; the operator currently does not rank competing offers. Should an overarching presentation of multiple businesses be introduced in the future, the operator will disclose the main ranking parameters and their weighting in advance. Data access: Via the admin dashboard and the export functions, the restaurant owner has access to all data concerning its end customers and business transactions — also after the end of the contract in accordance with the section on switching providers; the operator uses this data only to provide the services and for its own purposes set out in § 10 (including IT security); it is not passed on to other restaurant owners or other third parties, except for the service providers engaged under these Terms; aggregated evaluations that cannot be traced back to individual businesses remain permissible. Complaints: Restaurant owners may submit complaints about services, suspensions or technical problems in text form to info@menuheld.de; the operator confirms receipt, reviews the complaint and responds with reasons within 14 days. Regulation (EU) 2019/1150 (P2B) applies, where applicable, with its mandatory requirements supplementarily and with priority; its applicability is not excluded by this section.

The operator stores content provided by the restaurant owner (menus, images, texts) and makes it publicly accessible on its ordering site. The following applies: the central point of contact for authorities and users is info@menuheld.de (communication in German or English). Anyone may report allegedly illegal content via this point of contact (report with location/URL and reasons); the operator confirms receipt, reviews it carefully and without undue delay, and removes or blocks illegal content. The affected restaurant owner receives a statement of reasons for the decision in text form and may object to it (review by the operator); otherwise, the section on suspension and restriction applies. There is no general monitoring obligation. Insofar as Regulation (EU) 2022/2065 (Digital Services Act) applies to the operator, its mandatory requirements apply supplementarily and with priority.

The following applies to the platform's consumer interfaces (ordering sites, customer apps): the operator is responsible for the technical accessibility of the platform interfaces it provides and – insofar as the Accessibility Strengthening Act (BFSG) is applicable – aligns them with the relevant requirements (in particular EN 301 549); identified barriers are remedied as part of product maintenance. The restaurant owner is responsible for the accessibility of the content they contribute (in particular meaningful product descriptions and alternative texts for uploaded images). The operator accepts reports of barriers at info@menuheld.de. Each party is responsible, within its own area of responsibility, for assessing the applicability of the BFSG to the parties (including any micro-enterprise exemptions) and for the conformity documentation; the operator provides information on the accessibility of the platform upon request.

Changes to these Terms that concern the main performance obligations, remuneration, liability, term/termination or data processing (material changes) require the restaurant owner's express consent in text form; price adjustments are governed primarily by the section “Remuneration to the operator”. Other changes – in particular editorial adjustments, adjustments to changes in legislation or case law without disadvantage to the restaurant owner, and the addition of new, optional features – will be notified in text form at least 30 days before they take effect and are deemed accepted if the restaurant owner does not object within that period; the right to object and its consequences will be specifically pointed out in the notification. If the restaurant owner refuses consent to a material change or objects, the existing contract terms remain in force; both parties retain the right of ordinary termination.

Menüheld is a continuously evolving SaaS platform. The operator may further develop and improve the user interface, the technical architecture and individual functions and adapt them to new technical or legal conditions. Non-essential functions may be replaced, merged or discontinued, provided that the agreed scope of main services is maintained; changes required for security or legal reasons may also be made at short notice. A more than insignificant permanent restriction of the main service paid for by the restaurant owner will not be made unilaterally, but only in accordance with the section “Amendments to the Terms and Conditions”. If an essential booked function is permanently discontinued without replacement, the restaurant owner has a special right of termination and is entitled to a pro-rata refund of fees paid in advance for the unused period. Beta, pilot and test functions: functions expressly labeled as such are provided free of charge and without commitment to any particular scope of functionality; they may not be used for real business transactions, may be restricted or terminated by the operator at any time and give rise to neither warranty nor damage claims, except in cases of intent, gross negligence, injury to life, body or health, fraudulent intent and under the Product Liability Act; damage to productively used services and data caused by a beta function is governed by § 12. Their termination does not constitute a restriction of the main service. Test operation of the POS module prior to activation pursuant to Annex 3 § 9 is not a beta or test function within the meaning of this paragraph; it is governed exclusively by Annex 3 and § 4.

The platform integrates third-party services (including payment service providers, maps, email, SMS, push, sign-in and — where the POS module is booked — TSE services; details in § 6 of the data processing agreement). If a third-party provider discontinues its interface, materially changes its terms or prices, or makes an integration technically or legally impossible, the operator is entitled to adapt the affected integration, replace it with an equivalent one or — if no reasonable replacement is available — discontinue it. The operator informs the restaurant owner of material changes as soon as it becomes aware of them and endeavors to find an equivalent solution. If the discontinuation affects an essential booked service without a reasonable replacement, the special right of termination under the section “Product changes and further development” applies accordingly. Additional costs of a third-party provider directly attributable to the restaurant owner (e.g. SMS charges) are borne by the restaurant owner in accordance with the order/service sheet. Disruptions in interaction with third-party systems: the restaurant owner reports disruptions without undue delay. If a disruption may also be due to its internet connection, its local network, an ordering platform, a card terminal provider or any other third-party solution it uses, it checks these areas in parallel within reasonable limits (in particular connection, status messages and information from the respective providers) and informs the operator of the result; the operator assists in narrowing down the cause. For transmission to a third-party system, an order is only deemed handed over once the third-party system has confirmed receipt; the restaurant owner regularly checks incoming orders and confirmations in its systems.

A white-label customer app is published in the Apple and Google stores via the operator's developer accounts. Review, approval, availability, removal and the terms of the stores are beyond the operator's control; the operator owes careful submission, maintenance within the scope of product development and reasonable efforts in the event of objections, but not approval or permanent listing. The restaurant owner provides the content, trader information (including under the Digital Services Act) and rights required for the store listings and is responsible for the app content. If the app becomes permanently unavailable for reasons for which the operator is not responsible, the fee is reduced by the share attributable to the app (for flat-rate prices €59 net per month); no further claim exists in this respect. If third parties (in particular rights holders) or the store operators allege an infringement through the restaurant owner's content (in particular copyright, trademark or personality rights), the operator may remove the app from the stores or remove the objected content immediately and without prior notice until the complaint has been resolved; this protects the operator's developer account and thus the apps of all customers. The operator informs the restaurant owner without undue delay; the fee is not reduced for this period, and the restaurant owner indemnifies the operator in accordance with the section “Indemnification”.

Insofar as hardware is listed in the order/service sheet (e.g. receipt printers, tablets, routers, POS terminals, accessories), the following applies in addition: Sold hardware passes into the ownership of the restaurant owner upon full payment (until then, retention of title applies); hardware provided on loan or rental remains the property of the operator and shall be returned in proper condition within 14 days of the end of the contract. Shipping and installation are governed by the order/service sheet. Statutory warranty rights apply to newly delivered hardware; the operator assigns any manufacturer's guarantees to the restaurant owner where permissible. The restaurant owner is responsible for defects after the transfer of risk, loss, damage due to improper use as well as consumables (e.g. receipt rolls). The operator specifies the supported devices; the use of devices that have not been approved may result in functional limitations for which the operator is not responsible. Terminals, receipt printers and card readers for the POS module are procured and operated by the restaurant owner unless the order/service sheet provides otherwise (Annex 3 § 2). If the operator provides hardware on a rental basis, the rent, replacement device in case of defect, return and a lump sum for non-return (subject to proof of lower or higher damage) are governed by the order/service sheet.

On behalf of the restaurant owner, the platform sends automated emails and — where booked — SMS to its end customers. Included quotas (in particular email and SMS volumes) and the prices for usage beyond them are set out in the order/service sheet or the current price list. The restaurant owner uses these functions only within the scope of fair use corresponding to the usual operation of a hospitality business and only for recipients and purposes with a valid legal basis (§ 6). In the event of mass, abusive or unlawful use (e.g. sending to purchased addresses, spam), the operator is entitled to restrict the affected function after prior notice; third-party charges for messages actually triggered (in particular SMS) are borne by the restaurant owner.

If the restaurant owner offers vouchers, loyalty points, reward club credit or referral bonuses via the platform, the restaurant owner is their sole issuer and obligor towards end customers. The restaurant owner determines issuance, value, redemption conditions, validity and revocation and bears all economic obligations arising from their redemption. In this respect, the operator provides only the technical administration and does not become the issuer, obligor or guarantor of these credits. At the end of the contract, outstanding voucher balances and loyalty point balances are handed over as part of the data export (section “Switching providers and data portability (EU Data Act)”); their further redemption is the responsibility of the restaurant owner.

Neither party shall be liable for non-performance or delayed performance of its obligations to the extent this is due to events beyond its reasonable control (force majeure), in particular natural disasters, power and network outages, large-scale disruptions of cloud, hosting or telecommunications services, cyberattacks outside its own area of responsibility, strikes, pandemics and official or statutory measures. The affected party shall inform the other party without undue delay and make reasonable efforts to limit the effects. Performance obligations are suspended for the duration of the event; mandatory statutory rights, in particular rights of termination in the event of permanent impossibility, remain unaffected. If the event continues uninterrupted for more than 60 days, either party may terminate the contract with regard to the affected services with 14 days' notice in text form; in the event of partial termination, a flat-rate price is reduced by the portion attributable to the affected service (Annex 3 § 10, section “Customer app and app stores”), otherwise at equitable discretion (§ 315 BGB). Payment obligations for services actually rendered remain in place; for periods in which the main service is entirely unavailable due to force majeure, the remuneration is proportionately not owed.

The operator may use subcontractors to fulfil its obligations (in particular hosting, communication services, TSE providers). Insofar as they act as its vicarious agents, it is liable for their fault under Section 278 BGB; the provisions on third-party disruptions (§ 2), on payment service providers and terminal providers (§ 5), on app stores (section “Customer app and app stores”) and on the POS service level (Annex 3 § 6a) take precedence. For the processing of personal data, § 6 of the data processing agreement (Annex 2) with the information and objection procedure set out there takes precedence. The operator may transfer the contract with the restaurant owner, including all annexes, to an affiliated company or to a legal successor of its Menüheld business (in particular upon contribution of the sole proprietorship into a GmbH or upon universal succession under the German Transformation Act); the legal successor also enters into the data processing agreement. This is subject to the condition that the restaurant owner does not suffer any material disadvantage as a result and the existing terms remain unchanged; the operator informs the restaurant owner without undue delay in text form, and the restaurant owner may terminate within 30 days of notification with effect from the time of transfer, at the earliest at the end of the current month (special right of termination); data export and retention rules continue to apply. The restaurant owner may only transfer the contract with the operator's prior consent in text form, which shall not be refused without good cause; in the event of a sale of the business or a change of operator/tenant, the restaurant owner names the acquirer in good time, and the transfer requires the acquirer's entry into this contract, including outstanding obligations.

When the termination takes effect, the following applies – in addition to the provisions on data export, switching providers and (if the POS module is booked) POS data: the ordering site and all other functions are deactivated at the end of the contract; access to the admin dashboard is restricted to the export functions, which remain available for data subject to retention obligations and exportable data in accordance with the section “Switching providers and data portability (EU Data Act)”. A custom domain connected via the operator is released; the domain itself remains with the restaurant owner. The restaurant owner completes any orders still open at the end of the contract on their own responsibility; payment transactions not yet completed, chargebacks and buyer protection cases are handled by the restaurant owner with the respective payment service provider (§ 5 continues to apply). Outstanding vouchers and loyalty points are governed by the section “Vouchers, loyalty points and marketing credit”, provided hardware by the section “Hardware”. The operator's support and remote access is closed. Fees already paid in advance for periods after the end of the contract are refunded pro rata, unless the termination is based on good cause for which the restaurant owner is responsible; advance payments and securities under § 4 are settled in any case and the unused portion refunded, whereby the operator may offset due counterclaims.

The contract language is German; translations are for information purposes only. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is Erfurt, provided the restaurant owner is a merchant, a legal entity under public law or a special fund under public law. Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected; otherwise § 306 BGB applies.