General Terms and Conditions

gastronovi GmbH | Valid from 01.06.2024 (status: 01.04.2024)

    The GTC listed here apply from June 01, 2024. The currently valid GTC can be found here.

    1. General provisions
      1. Scope of application, realisation, object of regulation
        1. These General Terms and Conditions (hereinafter also referred to as the "GTC" or "these Terms and Conditions") apply to all offers, deliveries and services of gastronovi GmbH, Buschhöhe 2, 28357 Bremen (hereinafter referred to as "gastronovi" or "provider").
        2. These terms and conditions form an integral part of all contracts that the provider concludes with its customers and contractual partners (hereinafter referred to as "customers"), and are included in the respective contract as a binding component of every offer made by the provider. They also become a binding part of the contract upon expressed acceptance, e.g. in the context of software applications. The utilisation of the services and the acceptance of the deliveries of the provider shall otherwise be deemed to be an agreement with the validity of these terms and conditions, insofar as the customer had the opportunity to take note of them beforehand.
        3. The terms and conditions shall also apply to all future offers, deliveries and services, even if the parties have not expressly agreed their validity in each case. The customer's terms and conditions shall only apply if and insofar as the supplier has expressly recognised them in writing.
        4. The provider is exclusively active in business transactions and does not offer services to consumers. These terms and conditions therefore only apply to transactions with entrepreneurs in accordance with Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
        5. These terms and conditions set out the general legal framework for the contractual relationship between the provider and the customer. They apply in principle to all types of services or contracts agreed between the parties. The terms and conditions themselves contain separate provisions for certain types of service. In addition, separate terms and conditions apply to other service components, to which reference is made in the context of these terms and conditions and when booking corresponding services. These separate terms and conditions shall only apply together with these GTC and shall take precedence over them if the separate terms and conditions relate to areas of regulation that are not covered by the GTC, or if they contain more specific or more far-reaching provisions than these GTC. In all other respects, the provisions of the GTC shall apply in addition.
      2. Closing of contract
        1. The supplier's offers are subject to change and non-binding, unless they are designated as binding in writing.
        2. A legal obligation is created by a contract signed by both parties, by an express order confirmation from the provider or by the provider starting to provide the service without reservation after the order has been placed.
        3. Binding contracts can also be concluded via the "mini shop" within the software. Here the customer can, for example, purchase hardware items, accessories, software extensions or support packages in a legally binding manner by completing the order process with confirmation of the accept and sign button.
        4. The software can also be used to send non-binding requests for quotations, e.g. for additional modules, to the provider. To do this, the customer selects the desired services, e.g. the corresponding modules, in the corresponding portal within the software and can request a quotation to be sent by using the "Request quotation" button. A binding booking is only made after the customer has confirmed the offer by means of a subsequent order confirmation from the provider.
        5. With regard to contracts concluded via the software or other contracts in electronic business transactions, the parties agree that Section 312i (1) sentence 1 numbers 1 to 3 and sentence 2 BGB (where applicable) shall not apply.
        6. Performance obligations of the provider require a separate agreement on a specific object of performance. No right of use arises from these GTC themselves, in particular with regard to the provider's software, without a corresponding licence or other agreement about the usage having been concluded.
      3. General regulations on the scope of services
        1. The content of the respective contractual agreements in accordance with these terms and conditions, and any applicable separate terms and conditions, shall be decisive for the scope, type and quality of the deliveries and services of the provider. Other specifications or requirements shall only become part of the contract if the parties have agreed this in writing or the provider has expressly confirmed this. Subsequent changes to the scope of services require express written agreement or express confirmation by the provider.
        2. Product descriptions, illustrations, test programmes etc. are performance descriptions or references, but not guarantees in the legal sense. A guarantee requires an express written declaration by the management of the provider, in which it is designated as a guarantee in the legal sense.
        3. The supplier shall provide all deliveries and services in accordance with the state of the art and the principles of economic efficiency.
        4. The customer must check before each contract is concluded and confirms accordingly upon conclusion of the contract that the specification of the software or the products purchased by him corresponds to his demands and requirements. He is aware of the essential functional features and conditions.
        5. The customer is also aware that the provider accepts no responsibility for the technical or economic success of the use of the provider's services within the scope of its business, in particular with regard to expected savings or increases in turnover. The provider also accepts no responsibility for loss of revenue unless this results directly and unequivocally proven by the Customer from a defect in the provider's services, or the provider is liable for this due to other legal obligations. The provisions of Clause 1.7.2 remain unaffected.
      4. Duties and obligations of the customer
        1. The customer is obliged to provide all (co-operation) services that are necessary for the proper and lawful use of the services purchased from the provider and for the execution of the contract. In particular, he shall independently and without separate request
          1. ensure that the technical requirements for proper functionality of the software are met on its part, in particular that a stable and sufficiently powerful network is available, that sufficient wireless network coverage or local LAN connection is available at the planned locations, that the hardware used in each case corresponds to the current state of the art and that the usage environment intended by the provider and presented to the customer in advance is created;
          2. ensure that a reliable internet connection is available at all locations. In this case, the provider recommends having an additional failover solution for Internet access (e.g. via an LTE router);
          3. create and maintain the minimum requirements for the infrastructure and the system requirements with regard to the respective device on which the software is used. The current minimum requirements will be communicated to the customer before the contract is concluded, can be found on the provider's website at https://support.gastronovi.com/en/basics/requirements or can be made available immediately upon request;
          4. ensure that the provider always has an up-to-date e-mail address for contacting the responsible contact person, especially in urgent matters;
          5. keep the usage and access authorisations assigned to it, its employees and service providers secret, protect them from access by third parties and not pass them on to unauthorised third parties. This data must be protected by suitable and customary measures. The customer shall inform the provider immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorised persons;
          6. obligate those employees, service providers or other third parties to whom it grants access to use the software or other products to comply with the provisions of these GTC and all other relevant documents applicable to the use of the software and other products and to take sufficient measures to ensure that they comply with this obligation;
          7. take appropriate precautions to prevent unauthorised use of the software with the access data assigned to it, its employees, service providers or third parties;
          8. not retrieve or allow to be retrieved any information or data without authorisation, or interfere or allow to be interfered with programmes operated by the provider or penetrate the provider's data networks without authorisation or encourage such penetration;
          9. not misuse the exchange of electronic messages possible within the scope of the contractual relationship and/or using the software or for the unsolicited sending of messages or information to third parties for advertising purposes;
          10. ensure that (e.g. when transmitting third-party texts/data to the provider's server) it observes any existing third-party rights to the material it uses;
          11. not otherwise use the software for racist, discriminatory, pornographic, politically extreme or otherwise unlawful purposes or purposes that violate official regulations or requirements;
          12. check data and information for viruses before sending them to the provider and use state-of-the-art virus protection programmes.
          13. inform themselves about all contractual-, usage- or other conditions of the respective interface partners, co-operation partners in relation to the use of interfaces and ensure compliance with these on their own responsibility.
        2. The customer should fulfil the following obligations in order to avoid any potential disadvantages in the event of non-compliance. He should
          1. if and insofar as it is given the technical possibility to do so on the basis of a corresponding agreement, regularly back up the application data stored on the server by download;
          2. if and insofar as it transmits data to the provider for the purpose of generating application data with the aid of the software, to back up this data regularly and in accordance with the significance of the data and to create its own backup copies on a daily basis in order to enable the reconstruction of this transmitted data and information in the event of its loss;
          3. download and back up their data (whether application data or content from the software that is made available on the Internet) themselves from the provider's server before the end of the contract term. For a fee and by separate agreement, the account can also be reactivated after the end of the contract (within the retention period of 10 years) for a period of 7 days.
          4. comply with its obligations under the Money Laundering Act (Act on the Tracing of Profits from Serious Crime).
          5. comply with any existing legal requirements for the activities for which it uses the software or other products provided by the provider.
      5. Prices and payments, default
        1. All prices and remunerations of the provider are subject to the applicable statutory value added tax.
        2. The remuneration for the services to be provided for the granting of utilisation with regard to the software, as well as the prices for the purchase of hardware or other service packages, and the terms of payment shall be agreed with the order and order confirmation.
        3. Discounts or other deductions are not granted.
        4. Other services shall be provided by the provider on a time- and material basis at the provider's general prices applicable at the time of the order (currently available at https://www.gastronovi.com/en/prices) or on the basis of a separate agreement and order.
        5. For recurring licences with a fixed term, payment must be made in advance at the beginning of the respective licence period. Monthly prices are calculated in advance for each calendar month. If a price is to be charged for parts of a calendar month, this shall be calculated at 1/30 of the monthly price for each day.
        6. Weekly licences and success licences are calculated at the end of a month, in deviation from 1.5.5. A weekly licence is always valid from Monday to Sunday.
        7. The provider always creates and sends invoices electronically. Paper invoices can be sent by post for a separate fee.
        8. As a rule, the provider collects fees due by direct debit. If no direct debit procedure has been agreed upon, the invoice amount must be credited to the account specified in the invoice no later than the seventh bank working day after receipt of the invoice.
        9. If payment deadlines are exceeded or if direct debits are unsuccessful or reversed, interest shall be charged at the statutory rate. The provider is entitled to demand higher compensation from the customer if he can prove that he has incurred higher damages by exceeding the payment deadlines.
        10. If the customer does not fulfil a due payment obligation within 14 days after a corresponding payment reminder or warning, the provider is entitled to block the customer's access to the use of the software after a one-time announcement and setting a grace period for payment of at least three days in text form until the end of the default. This also applies to arrears of payment for services, support costs and hardware services.
        11. The prices and remuneration for licences or products purchased from digitalization partners may differ from the information provided by the provider; the provider has no influence on the pricing of the software, hardware or service prices of the digitalization partners.
        12. The provider reserves the right to change prices and remuneration for future services contained in publications or on websites or other price documents for which no contractual relationship with the customer yet exists at its own discretion. Corresponding changes shall be recorded in the respective price information and documents. The customer will not be informed separately.
      6. Operational responsibility
        1. The provider bears operational responsibility for the software as far as the servers and the software running on them are concerned. The provider's operational responsibility therefore ends at the router exit of the data centre where the server with the SaaS software is located ("handover point").
        2. Operational responsibility for the local hardware and software shall be borne by the customer, even insofar as it concerns the ongoing operation of the hardware purchased from the provider and no warranty case exists or any other obligation to the contrary has been entered into by the provider.
        3. The person responsible for operations is responsible and liable for integration, interoperability, operation, security, firewall, data communication, data protection and data security in relation to the respective hardware and software.
      7. Warranty, liability, indemnity
        1. The warranty for the provider's services is generally based on the applicable statutory provisions, unless the separate provisions herein, in particular in Sections 2.12, 3.4 and 6 or the separate conditions for individual service areas or other separate agreements or conditions between the parties stipulate otherwise.
        2. The following applies to the liability of the provider:
          1. The provider is only liable for damages of any kind - if the other requirements for claims are met - in the event of intent and gross negligence.
          2. The provider shall only be liable for simple negligence in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract, and on whose compliance the customer may regularly rely (cardinal obligation).
          3. Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
          4. If the provider is liable for simple negligence, the liability is limited to the damage that the provider could typically expect to occur according to the circumstances known at the time the contract was concluded.
          5. The above limitations and exclusions of liability do not apply if the provider has assumed a guarantee, in the case of fraudulent intent, for damages that are to be compensated under the Product Liability Act, and for damages to life, limb or health.
          6. The above limitations of liability also apply in favour of the provider's vicarious agents
        3. The customer shall be liable to the provider in accordance with the statutory provisions.
        4. The customer undertakes to indemnify the provider against all damages and claims asserted by third parties against the provider in connection with the use of the software, or other products or services of the provider by the customer, unless the provider is at fault. This also includes the necessary costs of legal defence and other expenses incurred by the provider in this connection.
      8. Force majeure
        1. "Force Majeure" means the occurrence of an event or circumstance that prevents a party from fulfilling one or more of its contractual obligations under the Contract if and to the extent that the party affected by the impediment proves that: (a) such impediment is beyond its reasonable control; and (b) it was not reasonably foreseeable at the time of the conclusion of the contract; and (c) the effects of the impediment could not reasonably have been avoided or overcome by the affected party.
        2. In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil the requirements of the preceding paragraph: (i) war (declared or undeclared), hostilities, aggression, acts of foreign enemies, large-scale military mobilisation; (ii) civil war, riot, rebellion and revolution, military- or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; (iii) currency- and trade restrictions, embargo, sanctions; (iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalisation; (v) plague, epidemic, natural disaster or extreme natural events; (vi) explosion, fire, destruction of equipment, prolonged breakdown of means of transport-, telecommunications-, information systems or energy; (vii) general industrial unrest such as boycott, strike and lockout, slowdown strike, occupation of factories and buildings.
        3. A party that successfully invokes this clause shall be released from its obligation to fulfil its contractual obligations, and from any liability for damages or any other contractual remedy for breach of contract from the time when the impediment makes it impossible for it to perform, provided that notice is given without delay. If notice is not given immediately, the release shall take effect from the time the notice reaches the other party. If the effect of the alleged impediment or event is temporary, the consequences set out above shall apply only for as long as the alleged impediment prevents the party concerned from performing the contract. If the duration of the alleged impediment has the effect of substantially depriving the parties of what they could reasonably expect under the contract, either party shall have the right to terminate the contract by giving notice to the other party within a reasonable period of time. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 120 days.
      9. Data security, data protection
        1. Data protection information for our business partners: https://www.gastronovi.com/en/terms-and-conditions/data-protection-business-partner
      10. Secrecy
        1. The parties undertake to treat all confidential information received from the other party as confidential and not to use it themselves or through third parties for purposes other than the fulfilment of this contract, nor to disclose or make the confidential information accessible to third parties in any other way.
        2. "Confidential information" within the meaning of this contract is
          1. trade secrets within the meaning of Section 2 No. 1 of the German Trade Secrets Protection Act (GeschGehG), (hereinafter referred to as "trade secrets"), and
          2. all other economic, legal, tax, operational or technical information of the parties, their affiliated companies within the meaning of Section 15 AktG or business partners, which is designated as confidential or legally protected in any way, the confidential content of which is obvious or in respect of which an interest in confidentiality is otherwise recognisable for the recipient (hereinafter referred to as "other confidential information").
        3. The parties are prohibited from obtaining confidential information through unauthorised access to, unauthorised appropriation or unauthorised copying of documents, objects, materials, substances or electronic files which are under the lawful control of the respective party and which contain confidential information or from which confidential information can be derived, or any other conduct which, under the respective circumstances, does not comply with the principle of good faith, taking into account honest market practices.
        4. Obtaining confidential information by observing, examining, disassembling or testing a product or object ("reverse engineering") that is in the lawful possession of the observer, examiner, disassembler or tester is not permitted.
        5. The parties may not use Confidential Information (a.) which they have obtained through an act in accordance with the preceding paragraph, (b.) if its use or disclosure violates a contractual or legal obligation to restrict its use or a contractual or legal obligation not to disclose the Confidential Information, or (c.) if the respective party has obtained the Confidential Information through another person and knows or should know at the time of obtaining, using or disclosing it that this person has used or disclosed the Confidential Information unlawfully.
        6. The parties are authorised to obtain, use or disclose business secrets if and to the extent that this is permitted by law, by virtue of a law (in particular by Sections 3 and 5 GeschGehG) or by legal transaction. The parties are permitted to obtain, use or disclose other confidential information which was already in the public domain at the time of receipt or which becomes publicly known at a later date by means other than a breach of this agreement, which was already demonstrably known to the respective party at the time of receipt from a source to be specified or which was developed independently or which is made available to it at a later date by third parties who have received the confidential information themselves without restriction or breach of statutory provisions or other confidentiality obligations, or the publication of which the respective party has expressly consented to in writing.
        7. Disclosure to advisors of the parties who are professionally obliged to maintain confidentiality does not constitute a breach of these obligations.
        8. Should a party become aware that confidential information has been disclosed contrary to this confidentiality agreement, it must inform the other party immediately.
        9. The above obligations shall apply during the entire co-operation between the parties - even beyond this contract - and shall continue to apply for a period of 5 years after its termination.
      11. Offsetting, assignments
        1. The customer may only offset claims that are undisputed by the provider or have been recognised by declaratory judgement. This does not apply to the assertion of rights of retention or offsetting within the relationship between performance and consideration.
        2. The assignment of claims against the provider that are not monetary claims requires its prior consent.

    2. Software
      The subject of this section is the provision of the "gastronovi Office" software application (hereinafter referred to as "Software") and associated complementary services.
      1. General information, subject matter of the software, scope of services and utilisation options
        1. gastronovi Office offers a cloud software solution that maps the usual catering processes in various modules. The customer can use the software to manage their business processes in the catering sector, depending on the functional scope of the respective modules booked. The functional scope of the bookable software modules is set out in the software description, which is provided to the customer by the provider and is available on the provider's website, currently at https://www.gastronovi.com/en/prices.
        2. The software is not provided to the customer physically or via download, but is installed on servers that can be accessed via the internet. It can therefore be controlled and used browser-based or via an app (also referred to as "client software") (so-called "Software as a Service" / "SaaS"). The application data is stored centrally and with daily backups on servers in certified German data centres.
        3. Software utilisation is made possible for a specified time. Depending on the specific offer, software modules can be booked weekly, monthly, annually (1, 2, or 5 years depending on the module) or on a success basis.
        4. The software is only intended for use in Germany, Austria and Switzerland (DACH region). If the software is used outside these countries in breach of contract, the provider assumes no responsibility for proper functionality. The provider reserves the right to assert further claims, e.g. to refrain from using the software.
        5. For the duration of the agreement, the provider shall also provide the customer with server-side storage space for storing internal application data generated with the software, such as menus, recipes, etc.
        6. Furthermore, the software offers the customer the functionality to present itself on the Internet (hereinafter also referred to as "web hosting"). The corresponding services are provided by the provider via the domain services.gastronovi.com. In addition, the provider provides the customer with server-side storage space as part of the web hosting, on which the customer's website(s) can be hosted. The customer can refer to the provider's servers via a domain hosted by itself or by a third party.
        7. The scope of the programme package booked in each case as well as the storage space and the conditions for this result from the agreements between the parties, the description in the order confirmation, the price and module list and the software description.
        8. Within the software, the provider offers interfaces (integrations) to third-party providers (in particular suppliers, operators of payment systems, hotel software, etc.) with which the customer can use data and/or services from these. The provider only provides one technical function in the software in each case. The information and services provided or retrieved via these interfaces are information and services of the third party for which the provider assumes no responsibility. In particular, the provider accepts no responsibility for the accuracy of the third party's information (e.g. item descriptions, prices, discounts, LMIV data (allergen and additive declarations as well as nutritional information)).
        9. The provider enables selected employees to access the customer software and interface software in order to provide support services. The employees are regularly trained in the use of the software, the interface software and the topic of data protection.
        10. The provider only sells its software to direct customers or via certified digitalization partners. Use of the software or its utilisation option/access obtained from other sources is not permitted.
      2. Booking further modules, cash register licences
        1. Individual modules or licences can be booked by the customer via the available channels in accordance with Clause 1.2, irrespective of the basic term of the software licence agreement.
        2. In addition, further cash register licences can be booked independently by the customer on a weekly basis. The booking is made by opening more shifts than the number of cash register licences currently booked. The automatically booked licences then always run for one calendar week and then end automatically. The customer can deactivate the addition of further licences in accordance with the above provision by making the appropriate setting in the back office. The parties agree that § 312i paragraph 1 sentence 1 numbers 1 to 3 and sentence 2 of the German Civil Code (BGB) shall not apply.
      3. Rights of use
        1. Upon commencement of the software licence agreement for the basic software or the respective module (hereinafter jointly referred to as the "Software"), the provider shall grant the customer the non-exclusive, non-transferable right, limited in time to the term of the agreement and in territory to the area specified in the order confirmation or other contractual documents (in the absence of a corresponding definition, to the Ccstomer's place of business), to use the software currently installed on the provider's server to the extent granted in this contract for the provision, billing and other administration of catering services (the customer and authorised users hereinafter also referred to as "users").
        2. In the case of client software, the contractual use of the software includes downloading and installing, loading into the working memory, displaying and running the client software. Insofar as this is necessary for the contractual use, the user is authorised to reproduce the client software. In particular, the installation on further workstation computers or end devices of the customer is to be regarded as duplication required for use in accordance with the contract.
        3. The user is not authorised to modify the software unless a modification or an amendment is necessary for the contractual use of the client software to remedy a deficiency with which the provider is in default.
        4. The customer is not authorised to sell the software, including the documentation and other accompanying materials supplied, to third parties or to make it available to third parties in any other way (in particular by renting or lending it) or to enable them to use it. Excluded from the prohibition set out in sentence 1 is the transfer of the client software to third parties who are not granted an independent right of use and who are subject to the customer's instructions regarding the use of the software, e.g. a data centre or cloud operation for the customer. The customer shall receive simple, i.e. non-sublicensable and non-transferable rights, limited in time to the duration of the contract, to use the software by means of access via a browser in accordance with the contractual provisions for the latest version of the software for the contractually agreed number of users.
        5. Use of the interfaces (API) to control the software via browser and app for purposes other than the contractual use of the software is not permitted (specifically, e.g. robot-controlled process automation (RPA) or the realisation of integrations/automation by means of reverse engineering of the API). The connection and operation of own integration of non-certified interfaces is prohibited. The customer is not granted the right to develop its own integration (e.g. via reverse engineering of existing interfaces/functions of the software) and/or programmatic automation (e.g. robot-controlled process automation) and to use these with the software. No user IDs may be passed on to third parties for this purpose or otherwise authorised to access the software for this purpose.
        6. By concluding a contract for free use as part of a test account, the provider grants the customer the right to use the software for 14 days from the date of granting access to the software or notification of the access data exclusively for test purposes within the above framework ("test period"). Each customer is only entitled to one test period. At the end of the test period, the customer's account will be blocked and the data stored there can be deleted after a retention period of 3 months. There is no automatic conversion to a contract for the fee-based use of the software; it is not possible to transfer the data to a full customer account. A new account will be made available after a booking.
        7. If the customer violates the provisions in Section 2.3 for reasons for which it is responsible despite having been given a deadline to remedy the violation, the provider may block the customer's access to the software or the application data. This shall not affect the provider's other legal remedies.
      4. Account
        1. The use of the software requires the creation of a customer account (the "account"). To create the account, the required data must be provided and access data must be specified. The provider shall create an account customised to the respective country for the customer; this account cannot be subsequently transferred or copied to another country. In this case, a new account must be created, in the course of which certain data may be transferred on the basis of a separate agreement.
        2. The provider shall provide the customer with the access data for the software. All passwords must be changed by the customer without delay.
        3. The software works with rights and role management. The provider provides the customer with full manager access. The customer himself decides who from his company should also have full manager access.
      5. Application storage space
        1. The provider shall store the data generated by the customer on the server through the use of the software (the "Application Data"), and the storage space provided for this purpose to the extent and in accordance with the module descriptions and/or supplementary or deviating agreements in the order documentation.
        2. If no restrictions on the amount of storage space are specified or agreed, a volume corresponding to the application and normal use of the module used shall be provided. The provider reserves the right to limit the storage space after prior notification to the customer in the event of unusual use of the module, or excessive use of storage space and, if the system stability is jeopardised, to temporarily deactivate the account until the jeopardy can be ruled out.
      6. E-mail services
        1. If, as part of the services booked by the customer, it is possible to send emails via the software, Section 2.5.2 shall apply accordingly with regard to the storage space and data traffic volume for the email services.
        2. The sending of "spam mails", unauthorised, unsolicited advertising or any other unusual and inappropriate or unlawful use of the services is not permitted.
        3. The customer is responsible for ensuring that it complies with the legal requirements for commercial communication.
        4. If there is reasonable suspicion that the customer is not complying with the above requirements, the provider is authorised to temporarily or permanently block the e-mail services after prior notification or in justified cases.
      7. Webhosting
        1. If the services booked by the customer include the option of making data and content freely available via the Internet without a login ("web hosting"), the provisions of this Section 2.7 shall apply.
        2. The customer's data stored in this way can be freely accessed on the Internet (e.g. https://services.gastronovi.com/restaurants) under the domain https://services.gastronovi.com supplemented by the account identification in the form of a path. The customer has the option of making the data additionally available via its own Internet domain, which the customer must procure and maintain in its own name and on its own responsibility.
        3. The provider shall establish and maintain the connection between the server and the Internet up to the transfer point so that the data stored on the server can be forwarded to the requesting computer on request from external computers on the Internet using the protocols commonly used on the Internet. Section 2.11 applies to the availability of the data.
        4. The provider assigns access data to the customer for access to the web hosting functions, with which the customer can independently save, change, supplement or delete the relevant data by means of data transfer.
        5. The customer is obliged to comply with the legal obligations regarding provider labelling.
      8.  Contents of the customer
        1. Insofar as the customer makes its own content accessible to third parties (e.g. as a website, links to hosted data or under the portal https://services.gastronovi.com) within the scope of web hosting, using the e-mail services or otherwise using the software or services of the provider, the following shall apply:
          1. The customer shall ensure that the content does not violate applicable law, in particular criminal law, or official requirements or infringe the rights of third parties. The same applies to any domains used by the customer. When posting its own content, the customer shall in particular ensure compliance with the regulations for the protection of minors and protect copyright, trademark and naming rights as well as personal rights and other rights of third parties. The customer shall not post any racist, discriminatory, pornographic, politically extreme or illegal content.
          2. The provider is under no obligation to check and/or advise with regard to the accuracy, completeness and legal admissibility of the content posted by the customer. This also applies to commissioned services in connection with the creation or publication of content, unless otherwise agreed.
          3. The customer is liable in relation to the provider for damages incurred by the provider due to incorrect content or content that violates legal norms for which the customer is responsible. In this case, the customer is obliged to indemnify and hold the provider harmless in accordance with Clause 1.7.4. Other claims of the provider, in particular for blocking the content and for extraordinary cancellation, remain unaffected.
          4. Insofar as protected content from third parties remains stored in cache memories (e.g. by search engines) after termination of the contract, this storage shall continue to be attributed to the customer, unless the provider is at fault.
          5. The provider is authorised to temporarily interrupt the connection of the content to the Internet (blocking) if there is sufficient suspicion of illegal content on the website due to a warning from the alleged infringer, unless the warning is obviously unfounded or due to investigations by state authorities. If necessary, this also applies to the software or its access itself. If technically possible and reasonable, the blocking shall be limited to the content concerned. The customer shall be notified immediately of the blocking, stating the reasons, and requested to remove the allegedly illegal content or to demonstrate and, if necessary, prove its legality.
        2. The customer transfers its content independently to the provider's server. If the customer requires support for this and/or the creation of their own design templates, a separate order is required for this.
        3. The customer grants the provider all rights necessary for the storage and publication of the content, in particular the right to store and reproduce the content for the purposes of this contract on the server, on a further server used for mirroring and on a sufficient number of backup copies, as well as the right to make the content available to the public via the network maintained by the provider, and the Internet connected to it in such a way that members of the public can access the website from a place and at a time of their own choosing and can save this data by downloading it from the provider's server.
      9. Partner interfaces
        1. The provider lists selected or bundled interfaces of various cooperation partners in an integration centre in the software, via which the software can exchange data with the offers of the cooperation partners, e.g. for the coordination of POS systems with hotel industry systems or others (the "partner interfaces"). partner interfaces can be free of charge or subject to a fee. In addition, all interface partners are listed on the provider's website (currently at https://www.gastronovi.com/en/interfaces). The partner interfaces can be booked via the currently available channels in accordance with section 1.2.
        2. The partner interfaces advertised by the provider and offered for integration have previously been tested in a certification test with regard to the basic compatibility of the data exchange between the systems. However, as the interfaces are products of third-party developers, the provider's responsibility is limited to the software integration of the partner interfaces. The interface partner is responsible for the design and functionality of the partner interface, while the customer is responsible for the data entered and transmitted via the partner interfaces.
        3. For the use of the partner interfaces, the respective terms of use of the interface partners apply, if available, which the customer must accept before using the interface. It should be noted that the interface partners may charge additional fees for the use of their interfaces, which must be paid by the customer irrespective of the contractual relationship with the provider.
        4. For the use of the partner interfaces within the software, the provisions of section 2 of these terms and conditions apply accordingly.
        5. The provider determines the range of partner interfaces at its own discretion. The provider does not guarantee any specific availability of the partner interfaces. In particular, it may temporarily restrict or partially or completely discontinue the offer of certain or all interface partners without the customer accruing any rights as a result of the discontinuation. Only interfaces approved and published by the provider are supported by the software.
        6. As a rule, the provider shall inform the customer within 3 months of any termination or significant restriction of an interface partnership. A shortened notification period is reserved in the event that it is not possible for the provider to provide information within this period for legal or factual reasons. In this case, the information shall be provided immediately after the provider becomes aware of this. The reasons for the shortfall shall be communicated to the customer as far as legally and actually possible.
        7. Data may be exchanged between the interface partner and the provider for support purposes or to set up the partner interface. The responsibility regulations in Section 2.9.2 remain unaffected by this.
      10. Software updates
        1. The provider is constantly developing the software further.
        2. The provider shall only be obliged to modify or adapt the software if such a modification or adaptation is necessary for the maintenance of the software in accordance with the generally recognised rules of technology. Otherwise, the provider shall only be obliged to modify, adapt and further develop the software if the parties agree to this separately.
        3. Insofar as the provider further develops the software, new versions resulting from this shall be made available during the term of the contract by updating the productive environment of the SaaS software, or by making the client software available for download. Insofar as the provider deploys updates of the software on the productive environment without significant functional enhancements, the contractual agreement between the parties and this agreement shall continue to apply unchanged for these updates and the customer may use the updated version at no additional cost.
        4. If the provider develops new modules for the software, the provider shall offer these to the customer for use. New modules are - in contrast to updates - programme parts that contain additional functionality for the software. The provider shall notify the customer at the latest when a new module of the software is available and offer it for booking. In the event of a booking, the provisions of this agreement shall also apply with regard to the new module.
        5. The customer is obliged to use the latest version of the software.
        6. The following applies to announcements of software updates:
          1. Provided that the use of the software is not or only insignificantly impaired by this, the provider will carry out updates without prior notice (automatic updates). These are listed in the "change log", which can be viewed at any time in the software, and can be traced back at any time.
          2. New functions are also announced via the changelog.
          3. So-called bug fixes (small bug fixes) are also carried out without announcement and are not included in the changelog.
          4. If the provision of a new update involves not insignificant changes to functionalities that regularly and to the provider's knowledge affect the customer's work processes supported by the software, the provider shall announce these to the customer in text form via the changelog at least four weeks before such a change takes effect.
        7. If a functionality is discontinued with the provision of a new version, i.e. a functionality is discontinued and is not replaced by a comparable functionality, and/or restrictions regarding the usability of previously generated data are known or expected, the provider shall announce this to the customer in text form at least three months prior to when such a change takes effect, and give the customer the opportunity to object to the change in text form with a reasonable notice period of at least three months and thus terminate the contract for the use of the software. If the customer does not object to the change in text form, the change shall become part of the contract. The provider shall draw the customer's attention to the aforementioned deadline and the legal consequences of its expiry each time changes are announced.
      11. Availabilities
        1. In principle, the customer may use the software and other server-based services on any day of the week, regardless of the time of day. Use is not possible during regular maintenance times, which take place on the first Monday of every month from 2 a.m. to 6 a.m. or at other times due to special circumstances. These maintenance times are not taken into account when calculating the actual availability within the meaning of this Section 2.11. The basic availability according to sentence 1 minus the regular maintenance times equals the "operating time".
        2. The provider guarantees a percentage availability of the software and other server-based services of 97.5% during the operating time on a monthly average (the "guaranteed availability").
        3. Functions labelled as "beta" or otherwise recognisable as test versions are excluded from the guaranteed availability.
        4. Announcements for maintenance and the availability of the server can be viewed at https://status.gastronovi.com/.
        5. Downtime" is defined as the time within the operating hours during when the software is not available or not usable for the customer. When calculating the downtime, times of non-availability, for which the provider is not responsible, shall not be taken into account, in particular impairments caused by failures and/or malfunctions of technical systems and/or network components outside the provider's area of responsibility and after the transfer point, in particular:
          1. Failures caused by incoming IT attacks. This does not apply if the provider's protective measures against this did not correspond to the state of the art at the time of the IT attack;
          2. Failures caused by improper use of software or hardware by the customer;
          3. downtimes caused by essential, extraordinary maintenance work (e.g. installation of security patches or changes required due to legal or official requirements) and without which safe use of the contractual services would not be possible in the future, or
          4. Failures that originate from the area of responsibility of an interface partner or the customer when using partner interfaces.
        6. If the actual availability over the course of a year (in the case of a shorter term in relation to the respective term) falls below the guaranteed availability, the remuneration for the affected services in the respective period is reduced according to the following calculation:

          (( Operating time – Operating downtime ) ÷ Operating time ) x 100 = Actual availability (in %)
           
          Actual availability: Reduction in remuneration by:
          97,5 % – 100 % 0 %
          90 % – 97,4 % 15 %
          80 % – 89,9 % 25 %
          70 % – 79,9 % 50 %
          < 70 % 75 %
        7. Claims other than those in accordance with this Section 2.11 do not exist with regard to pure availability disruptions. The provisions of Clause 1.7.2.5 on liability shall remain unaffected. Clause 2.12 shall apply to content or functional defects that do not affect availability but the software itself.
      12. Maintenance and warranty
        1. The provider is obliged to maintain the contractually agreed quality of the software during the term of the contract ("maintenance"). The contractually owed quality of the software is determined in accordance with Clause 1.3 with the provision that - as the software is a product that is constantly being further developed - a specific scope of functions in the sense of a guarantee of all functions available at the time of conclusion of the contract is expressly not promised in an unchanged state.
        2. The provider shall carry out or commission the maintenance and servicing measures required in accordance with the recognised rules of technology.
        3. Should the customer nevertheless discover defects in the Software, the customer shall notify the provider of these within a reasonable period of time, but no later than [7 days] after becoming aware of them, and shall observe the following principles wherever possible:
          1. Before reporting a suspected defect in the software, the customer shall carry out appropriate checks to exclude the possibility that the restrictions in question are based on aspects that originate from his area of responsibility, in particular with regard to any operational responsibility incumbent on him.
          2. In this context, networks, infrastructure, correct data situation and correct use of the software should be checked in particular after the transfer point. In addition, the customer's hardware and software should always be restarted.
        4. The provider reserves the right to establish specific procedural requirements for the form, content and communication channels for notifications of defects, which shall be communicated to the Customer separately. In the absence of corresponding specifications, notifications shall be sent by e-mail to the e-mail address provided to the customer for this purpose, describing the symptoms and the circumstances that led to them in as much detail as possible. In the case of reports relating to potential defects in the "High" category in accordance with Section 2.12.6, the report must also be submitted by telephone to the number provided to the customer for this purpose in order to ensure that response times can be met.
        5. The provider is obliged and authorised to rectify the reported defects within a reasonable period of time. The customer may only commission a third party to rectify a defect if the provider has refused to rectify the defect or if this is otherwise permitted for legal reasons. In this respect, the parties agree on the following response times for the start of the rectification work within the provider's regular operating hours Monday to Friday (excluding national holidays) between 9:30 a.m. and 6:00 p.m., whereby the classification of a defect into one of the aforementioned priority levels is the responsibility of the provider. "Response time" in this context means that the provider will commence work on rectifying the fault within the specified times and inform the customer of the expected processing time without obligation. If the notification is made outside of operating hours, the response time shall commence at the start of operating hours on the following working days.
        6. The priority levels and response times are:
          1. Priority "High": The software as a whole or its main functions cannot be used productively. The response time is 24 hours.
          2. Priority "Medium": Individual main or secondary functions are not available, but the software can be used productively overall. The response time is 48 hours.
          3. Priority "Low": The software and all components can be used productively, the defect relates to partial aspects that do not significantly impair productive use. The response time is 7 days.
        7. If it is foreseeable that it will not be possible to rectify the defect within the processing time previously notified to the customer, the provider shall inform the customer of this immediately and notify the customer that the processing time is likely to be exceeded.
        8. Within the scope of remedying defects, the provider has the right to choose between repair and replacement delivery / replacement of software components.
        9. If, after reporting an alleged defect to the Provider, it becomes apparent that this is not a defect from the sphere of the provider - in particular on the basis of the operational responsibilities - and the customer could have recognised this by applying the necessary care, in particular by observing the procedure in accordance with Section 2.12.3, the provider may charge the customer for the expenses incurred for checking and processing the report.
        10. Insofar as defects affect the availability of the software, this specific consequence of the defect shall be compensated for with the reduction in remuneration in accordance with Section 2.11.6. There are no further warranty claims with regard to non-availability. The provisions on liability and the warranty rights regarding further consequences remain unaffected by this.
        11. Cancellation by the customer in accordance with Section 543 (2) sentence 1 no. 1 BGB due to failure to grant contractual use is only permissible if the provider has been given sufficient opportunity to rectify the defect and this has failed. Failure to remedy the defect can only be assumed if it is impossible, if the provider refuses or unreasonably delays it, if there are reasonable doubts about the prospects of success or if it is unreasonable for the customer for other reasons.
        12. The customer's rights due to defects are excluded if the customer makes changes to the software or has them made without the provider's consent, unless the customer can prove that the changes have no unreasonable effects on the provider in terms of analysing and eliminating the defects. The customer's rights due to defects shall remain unaffected insofar as the customer is authorised to make changes, in particular within the scope of exercising the right of self-remedy pursuant to Section 536 a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.
        13. Strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1) Alt. 1 BGB is excluded.
      13. Start and term of contract, cancellation
        1. The start of the contract and the term of the respective licence agreement are generally defined and agreed in the contract documentation or in the booking process; they are specified at the latest in the order confirmation for the software licence agreement.
        2. This also applies to the fixed initial term of a licence agreement, which is 3 months in the absence of a corresponding agreement.
        3. In the case of annual or monthly licences, the licence agreement shall be extended by the term defined in the order confirmation, but by no more than 1 year if it is not terminated with one (1) calendar month's notice to the end of the current contract term.
        4. Success tariffs and/or weekly licences are booked individually and billed according to use and are not extended accordingly without being used by the customer. Clause 2.2.2 applies to the conclusion of the contract. Minimum terms can be agreed.
        5. All contracts are concluded for a fixed term; ordinary cancellation is therefore not possible except in the cases specified here or in the individual agreements. The right to terminate for good cause remains unaffected.
        6. Deregistration of the customer's business, discontinuation of business operations or certain business branches or discontinuation of the customer's need to use the software does not constitute a special right of termination and does not constitute good cause for termination.
        7. All cancellations under this contract must be received by the provider in writing.
        8. Upon termination of the contract for the use of the software or individual modules, the customer must back up his data from the provider's server to his own data carrier at his own expense if he wishes to continue using it after termination.

    3. Hardware
      The subject of this section is the sale and delivery of goods by the provider, regardless of the platform or communication channel through which they are offered.
      1. Conclusion of the contract, content of the contract and quality of the goods
        1. The provider's offers are always subject to change, i.e. the provider reserves the right to withdraw the offer and/or offer new conditions in individual cases, e.g. due to delivery difficulties. A contract between the supplier and the customer is only concluded when the supplier expressly confirms the customer's order in text form or delivers the ordered goods.
        2. The content of the contract is determined by the offer, the supplier's order confirmation and these GTC. If goods are delivered without prior order confirmation, the delivery note shall be deemed to be the order confirmation. Verbal collateral agreements are not agreed. Subsequent amendments, additions or ancillary agreements to a contract must be agreed in text form.
        3. The agreed quality of the goods shall be those properties and characteristics that are expressly stated in the offer and the order confirmation. Other or more extensive properties and features shall only be deemed to be agreed characteristics if these have been expressly promised by the supplier in text form.
        4. The supplier points out that the illustrations, drawings, quality, quantity, weight, dimension and performance specifications contained in the offers and information material are only approximate values. A deviation of the delivered goods from these approximate values within a customary tolerance shall therefore not constitute a defect unless an agreed quality exists in this respect.
        5. Declarations regarding the quality and durability of the goods, with which the supplier grants the customer additional rights without prejudice to his legal claims, only constitute a guarantee within the meaning of § 443 BGB if these declarations have been expressly designated as a guarantee. In particular in the case of deliveries of samples and specimens, their properties shall only be deemed guaranteed if they are expressly designated as a guarantee.
        6. A return of sold goods is generally excluded, unless there is a case of statutory or individual contractual obligations to take back or return goods.
        7. In order to enable the best possible and flexible support, including for devices without a monitor and keyboard at the customer's premises that could not otherwise be supported, all end devices sold by the provider are equipped ex works with a remote maintenance and/or remote access function via which the provider can access the hardware in the event of support or without prior authorisation by the customer, e.g. for regular maintenance (see also Sections 4.3 and 4.4). In the event of such access, the provider shall not assume any responsibility for the other components for which the customer is responsible for operation, in particular not for the effects on corresponding interoperability or uninterrupted availability of the other components - subject to the provisions on liability in these GTC.
      2. Delivery and transfer of risk, delivery periods
        1. Partial deliveries are permissible insofar as they are reasonable for the customer.
        2. The place of delivery, the type of delivery and the transfer of risk shall be governed by the respective contract concluded with the customer and the order confirmation. Unless otherwise agreed, the supplier shall deliver to the agreed place of delivery (DAP - Incoterms 2010). The transfer of risk therefore takes place when the goods are handed over to the customer or authorised persons.
        3. Delivery dates and delivery periods stated by the supplier are only binding if they are confirmed in text form and expressly designated as binding.
        4. If the supplier is unable to meet binding delivery deadlines for reasons for which he is not responsible (non-availability of the service), he shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery deadline. If the service is also not available within the new delivery period, the provider is entitled to withdraw from the contract in whole or in part; the provider will immediately reimburse any consideration already paid by the customer. Non-availability of the service exists, for example, in the event of late delivery by a supplier, if the provider has concluded a congruent hedging transaction, in the event of other disruptions in the supply chain, for example due to force majeure or if the provider is not obliged to procure in individual cases.
      3. Retention of title
        1. The supplier retains ownership to the delivered goods ("reserved goods") until the purchase price and all claims against the customer arising from the business relationship (including claims not yet existing at the time of conclusion of the contract) have been settled in full. Ownership of the goods subject to retention of title shall pass to the customer as soon as the purchase price has been paid and no further claims from the business relationship with the supplier exist (current account reservation).
        2. The customer is not authorised to sell the reserved goods. The goods subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The customer must inform the supplier immediately in writing if an application is made to open insolvency proceedings or if third parties have access to the goods belonging to the supplier (e.g. seizures).
        3. If the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, the supplier may withdraw from the contract for the purchase of the goods subject to retention of ownership in accordance with the statutory provisions and/or demand the return of the goods on the basis of the retention of ownership. The demand for return does not at the same time include a declaration of cancellation; rather, the supplier may only demand the return of the goods and reserve the right to cancel the contract. If the customer does not pay the purchase price due, the supplier may only assert these rights if he has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions. After the goods subject to retention of title have been surrendered, the supplier is entitled to realise them at the customer's expense, without prejudice to the customer's payment and other obligations, by private sale or by auction. The supplier shall offset the realisation proceeds against the customer's liabilities to him after deduction of any costs incurred. The provider shall pay any surplus to the customer.
        4. The customer is obliged to store the reserved goods carefully at his own expense, to insure them against theft, breakage, fire, water and other damage and, at the request of the supplier, to provide evidence that the insurance has been taken out. The customer hereby assigns insurance claims and claims against third parties due to damage, destruction, theft or loss of the goods subject to retention of title to the supplier. The supplier accepts this assignment.
        5. The customer shall notify the provider immediately upon becoming aware of any access by third parties to the goods subject to retention of title and shall provide the provider with all information and documents necessary to secure its rights to the goods subject to retention of title. The customer shall be liable for all costs incurred for the cancellation of the seizure, in particular by filing a third party action, insofar as they cannot be obtained from the enforcing creditor.
        6. If the customer so requests, the provider is obliged to release the securities to which the provider is entitled to the extent that their realisable value exceeds the provider's outstanding claims against the customer by more than 10%. The provider may select the securities to be released.
      4. Inspection and reporting obligations, rights and obligations of the customer in the event of defects
        1. The customer must inspect the goods immediately and completely for defects upon arrival at the destination. For this purpose, the parcel must be completely unpacked and the goods must be subjected to a visual and basic functional check. This also applies if the supplier has previously provided the customer with samples or specimens.
        2. In the case of customised products or products manufactured individually according to the customer's specifications, the customer is obliged to check the products immediately for conformity with the specifications and to report any deviations in text form without delay, but at the latest within 6 working days.
        3. The customer must notify the provider of obvious defects in text form immediately, but at the latest within 6 working days. The customer must notify the supplier of non-obvious defects in text form without delay, but at the latest within 6 working days of their discovery. Notes on delivery notes do not count as a complaint. The dispatch of the notification is sufficient to comply with the aforementioned deadlines. If the customer fails to inspect the goods and report the defect in good time, he may not invoke the defect.
        4. In the event of justified and timely notification of defects, the customer shall be entitled to the statutory warranty rights in accordance with these GTC, in particular Sections 1.7, 3.4 and 3.5.
        5. If only some of the goods delivered are defective, the customer's right of cancellation shall be limited to the defective goods. The same applies accordingly if only a part of a sold product is defective. This shall not apply if the defective goods or the defective part cannot be separated from the other goods or parts without damage or loss of function or if this would be unreasonable for the customer. The customer must explain the reasons for the unreasonableness.
        6. The customer has no right of cancellation if the defect is minor.
        7. The rights and claims of the customer in the event of defects in delivered goods are not subject to the prohibition in accordance with 1.11.1.
        8. Claims by the customer for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded unless the last contract in the supply chain is a consumer goods purchase (Sections 478, 474 BGB) or a consumer contract for the provision of digital products (Sections 445c sentence 2, 327 (5), 327u BGB).
      5. Limitation periods
        1. The customer's claims due to a defect in the goods shall lapse one year after the transfer of risk.
        2. The customer's other contractual claims due to breaches of duty shall become time-barred after one year. This does not apply to the customer's right to withdraw from the contract due to a breach of duty, for which the provider is responsible and which is not due to a defect.
        3. Claims arising from a guarantee also expire after one year.
        4. Notwithstanding the above paragraphs, the statutory limitation periods shall apply to the following claims of the customer:
          1. Claims under the Product Liability Act, due to injury to life, limb, health or a material contractual obligation and due to other damages based on an intentional or grossly negligent breach of duty by the provider or its vicarious agents,
          2. Claims for reimbursement of expenses pursuant to Section 478 (2) BGB,
          3. Claims due to fraudulent concealment of a defect.
          4. Claims for defects due to claims in rem for restitution by third parties (§ 438 Para. 1 No. 1 BGB).
        5. Claims of the provider against the customer shall lapse in accordance with the statutory provisions.

    4. Support
      1. The provider offers the customer support services by separate agreement. The scope of services, prices and further details on the individual support services can be found in the service descriptions https://www.gastronovi.com/en/prices#dienstleistungen.
      2. Support is aimed at the direct customers of the provider's sales organisation. customers who receive the provider's services via digitalization partners are supported by the digitalization partner. The provider reserves the right, at its own discretion, not to provide support services for digitalization partnerx customers or for third-party hardware, third-party software and partner interfaces.
      3. In order to enable the best possible and flexible support, including for devices without a monitor and keyboard at the customer's premises or those that could not be supported for other reasons, e.g. due to a lack of customer access, all end devices sold by the provider are equipped with remote maintenance functions ex works or have the option of remote access by the provider, via which the provider can access the hardware in the event of support or (in the case of remote maintenance functions) without prior authorisation by the customer, e.g. for regular maintenance. Access can also take place within the framework of general support by means of remote access by way of agreed remote access (Clause 4.9.2.4). Within the scope of support services booked in this way, the provider may also access the gastronovi Office account and the Customer's hardware without prior notice or consent, insofar as this is necessary for the provision of the support service.
      4. The provider may carry out unannounced updates and optimisations of the devices integrated via remote management, provided that this does not result in any significant impairment of usability for the customer. Short-term connection interruptions or restrictions on use are generally to be accepted by the customer.
      5. Unless expressly agreed otherwise or if this is mandatory due to the circumstances, support services are services to which Clause 5 additionally applies.
      6. The provisions on support services do not apply to warranty cases or availability failures, which are conclusively regulated in Clauses 1.7, 2.11, 2.12 and 3.4.
      7. Certain support services are subject to a charge (see section 4.9). The customer has the option of booking a support package at any time, which reduces the costs. Service descriptions and additional conditions are available at https://www.gastronovi.com/en/prices.
        1. A support package can be booked either via the customer's sales contact or independently via the gastronovi Mini-Shop. The term begins on the day of booking. A package can be booked at any time for 1 or 12 months (to the day) regardless of the term of the software licences. Payment is made in advance on the 1st of the following month.
        2. It is not possible to purchase a package retroactively. However, the customer can have the last chargeable support case, which was made no more than 14 days after the package was purchased, offset against the booking costs of the package by notifying the provider within 14 days of receipt of the invoice. The support invoice will then be offset against the booking amount of the package.
        3. For the cancellation of a booked package, the general cancellation modalities for monthly or annual licences according to Section 2.13 apply, depending on the term. The term of a package is automatically extended by the booked period if it is not cancelled in advance with one month's notice to the end of the term.
      8. The support team is generally available for customers every day. The current support times can be viewed here: https://www.gastronovi.com/en/support
      9. In detail, this applies to the support services, the types of support and their remuneration:
        1. Basic definition of support:
          1. "Support" within the meaning of these GTC means the support provided to the customer by the Provider for simple usage, set-up and configuration issues, as well as general questions about gastronovi Office (system, network and hardware settings). The Provider provides various types of free and fee-based support in accordance with this Section 4.
          2. Assistance that goes beyond support, e.g. on complex issues, concepts, complex processes or installation/setup of the customer's network, does not constitute support. Such assistance can be agreed on a separate, individual contract basis. The provider therefore reserves the right to refuse or cancel the support request if the scope of the request exceeds the usual support effort, especially in the case of very complex and/or extensive questions. The provider shall then submit an offer to the customer for individual contractual processing of the enquiry, insofar as this is possible and can be implemented with reasonable effort.
        2. Support types
          1. Written software support (free of charge)
            Support enquiries and responses are to be made within business hours Mon-Fri: 09:30-18:00 in written form (email or contact form). The standard response time is 48 hours (working days). On weekends and all German public holidays (regardless of country / federal state), only first-level support is available as part of the emergency support. The provider reserves the right to refer complex enquiries that cannot be answered in writing with reasonable effort to a paid support and/or training service.
          2. Telephone support (subject to a charge)
            Support enquiries and responses are made by telephone. On weekends and all German public holidays (regardless of country / federal state), only emergency support is available.
          3. Technical support (subject to a charge)
            Technical support can be provided both in written form and by telephone. This support covers the areas of POS hardware and network when using gastronovi hardware.
          4. Support via remote access or remote maintenance (subject to a charge)
            Remote access is provided on request or by separate agreement. They include the connection of the provider's support staff to POS terminals or other devices supported by the provider.
            Here, the provider's responsibility is limited to the software and hardware it sells; accordingly, the provider assumes no responsibility (within the framework of the general liability provisions of these GTC) for interference with third-party software or hardware.
            Some device classes can also be managed and supported via remote maintenance functions without the need for connection or approval from the customer.
          5. Emergency support (subject to a charge)
            Outside of business hours [Mon.-Fri. 9:30-18:00], the provider offers support in case of emergencies. An emergency generally exists in the event of acute incidents that hinder business. The relevant circumstances must be specified by the customer when reporting the support.
            If, in the opinion of the provider, the incident is not acute or does not hinder business, the provider shall inform the customer of this and processing shall take place during normal business hours.
          6. Equipment hire (subject to a charge)
            The provider offers stationary POS terminals on loan to the extent available in the event of equipment failure at the customer's premises. The loaned devices are dispatched according to availability and must be returned as soon as possible, but no later than three weeks after receipt, without being requested to do so and at the customer's own expense.
        3. Billing for chargeable support
          Billing for chargeable support is based on five (5) minute intervals per 5 minutes or part thereof. All times incurred in connection with the support case are invoiced. This includes research, documentation and follow-up work.
          Invoices are issued on a monthly basis. Individual proof of the support services provided can be made available on request. Please contact support@gastronovi.com for this purpose.
          Travelling expenses and necessary accommodation costs for the provider's employees are to be covered by the customer for on-site appointments. Information on the corresponding prices and reimbursement rates is available at https://www.gastronovi.com/en/prices.
      10. The provider does not accept support requests relating to issues in connection with the services or products of third-party providers not approved by the provider (e.g. non-approved interfaces or hardware).

    5. Services
      1. For all services of the provider that do not consist of the provision of software or the sale of hardware ("services"), the following applies in principle and subject to deviating provisions in the individual contract or insofar as a deviating assessment is mandatory in individual cases.
      2. The main performance obligation of the provider consists exclusively in the provision of services in the form of pure activity in accordance with §§ 611 ff. BGB. The provider shall always provide the services with care and diligence in accordance with the current standard applicable to the agreed services.
      3. A concrete success in the sense of §§ 631 ff. BGB (German Civil Code), unless expressly agreed or promised otherwise. In particular, the assumption of activities, the description of which by one of the parties may suggest the achievement of success, does not constitute an assumption of responsibility for success in the absence of a corresponding agreement.
      4. The customer is obliged to continuously check the provision of services with regard to their compliance with the agreed parameters of the service descriptions.
      5. The customer shall give notice of any errors in the provision of the services or deviations from the service descriptions (collectively the "service deviations") immediately after becoming aware of them. In the event of justified complaints, the provider shall, where possible, remedy the situation within a reasonable period of time and rectify the service deviations, unless the customer itself is at fault.
      6. Claims other than the remedy specified in the above section do not exist (subject to any deviating regulations on individual services, e.g. on service levels) with regard to deviations in performance. In particular, the provider does not assume any kind of warranty for the services.

    6. Work performances
      1. The provisions of this clause shall apply in the event that, contrary to clause 5.1, a specific result has been expressly promised or, in exceptional cases, work contract law applies for other reasons ("work services").
      2. The scope of the work to be performed shall be based exclusively on the respective service description.
      3. The provider shall perform the work in such a way that all agreed requirements are fulfilled in full and free of defects.
      4. The provider shall make the work performance available in full for acceptance auditing on the agreed date. The details and methods of the specific acceptance audit shall be determined by mutual agreement between the parties. A record of the acceptance audit shall be drawn up and signed by both parties.
      5. The customer shall accept the work performance if it is free of material defects and defects of title, in particular if it fulfils the agreed acceptance criteria. Insignificant defects shall not entitle the customer to refuse acceptance; any remaining work required in this respect shall be documented in the acceptance report and carried out by the provider within a reasonable period of time. Any defects identified during the acceptance audit shall be documented by the customer; the rectification of defects shall be governed by Sections 6.8 and 6.9.
      6. The customer may declare acceptance expressly or by conclusive action. In particular, the work performance shall also be deemed to have been accepted if the customer has not refused acceptance due to more than insignificant defects within two weeks of the complete provision of the work performance for acceptance auditing or has declared justified reservations regarding the acceptability of the work performance. It shall also be deemed to have been accepted if the customer productively utilises the work performance or the services containing work performance without reservation.
      7. Any defects in work performances must be reported by the customer without delay and with the provision of all documents and information useful for remedying the defect.
      8. The limitation period for warranty claims for work services is 12 months. This does not apply to claims based on intent or fraudulently concealed defects, for which the statutory limitation period applies, as well as in the cases of Section 1.7.2.5.
      9. In all other respects, the provisions of §§ 634 ff. BGB apply to defects.

    7. Data utilization in the field of artificial intelligence (AI)
      1. The provider reserves the right to use non-personal data that is collected, generated or otherwise processed when using the software and other services of the provider in anonymised form for statistical purposes and to offer or improve (train) certain services that are supported by or based on systems of so-called artificial intelligence ("AI services"). The provisions of this Section 7 apply to data that primarily result from the individual use of the software and other services of the provider by the customer and are attributable to the customer when viewed as a whole (hereinafter "usage data"). If, in exceptional cases, additional personal data is collected or processed together with the usage data, this is done exclusively in accordance with the statutory provisions on data protection. In particular, the provisions of the data protection declaration and other relevant data protection documents apply here, see Section 1.9.
      2. The offer of AI services is at the discretion of the provider. The scope and functions of AI services can therefore change and be expanded at any time without the customer being able to assert any claims in this respect. Examples of the use of AI services would be as follows:
        1. Product group suggestions: VThe links between recipes and product groups created by users in the software are used as input for an AI that makes suggestions for the assignment to a product group when new recipes are created.
        2. Tax assistant: users, are supported in maintaining tax rates for milk-based coffee drinks via a proposal from AI.
      3. By concluding the contract or using the software, the customer declares its consent to the use of the usage data by the provider and grants the provider a non-exclusive, transferable, sub-licensable, free, irrevocable, temporally and spatially unlimited right to use the usage data for the purpose of offering, developing and improving AI services. Insofar as components of the usage data are protected by intellectual property rights (e.g. by copyright or trademark law), this right of use also covers these intellectual property rights.
      4. The customer is aware and accepts that all possible rights to databases or similar, which the provider creates using the usage data, belong exclusively to the provider in the relationship between the parties.
      5. If the customer does not or no longer agrees to the processing of usage data, they can withdraw their consent at any time. Processing carried out up to that point and its results remain unaffected by the cancellation. In particular, the cancellation only affects the use of the raw data for the future. This does not affect any data that has already been incorporated into AI systems, language models, algorithms or other aggregated data collections that cannot be separated or can only be separated with considerable effort.

    8. Subject to change
      1. The provider reserves the right to amend service descriptions and these GTC and other conditions with effect for individual contracts that have not yet been concluded and for future renewal periods of individual contracts that have already been concluded. If the provider notifies the customer of a corresponding adjustment in text form at least one month before the end of the respective contract term, this shall constitute a cancellation of the contract under the previous conditions at the end of the contract term and an offer under the amended conditions. If the customer continues to use the affected services of the provider after the end of the contract term, this shall constitute acceptance of this offer and the contract shall become effective with the amended conditions. The provider shall inform the customer of this consequence upon notification of an intended adjustment.
      2. The provider also reserves the right to amend these GTC, service descriptions and other conditions at its reasonable discretion with effect for the current term of individual contracts already concluded if a need for adjustment arises for factual or legal reasons. The provider shall notify the customer of any intended changes with a notice period of at least one month before the intended change comes into effecte. The customer is entitled to terminate the affected contractual relationship with the provider with a notice period of 2 weeks and with effect from the intended change if he does not agree with the amendments. If the customer does not cancel within this period, the change shall be deemed to have been accepted. The provider shall inform the customer of this consequence upon notification of an intended change.

    9. Final provisions
      1. The contractual relationship shall be governed by German substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
      2. If gaps arise in the practical application of this contract, which the contracting parties have not provided for, or if the invalidity of a provision is established, they undertake to fill or replace this gap or invalid provision in an appropriate manner that is objectively orientated towards the economic purpose of the contract.
      3. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bremen, provided the customer is a merchant. The provider remains authorised to file or initiate legal action or other legal proceedings at the customer's general place of jurisdiction.

    10. References
      In addition to the provisions of these GTC, the following terms and conditions / documents shall apply, which shall become a binding part of the contract.
      1. Support portal: https://support.gastronovi.com
      2. Price and module list: https://www.gastronovi.com/en/prices
      3. Minimum requirements/system requirements Hardware & software: https://support.gastronovi.com/en/basics/requirements
      4. Services: https://services.gastronovi.com
      5. SIM card conditions: https://www.gastronovi.com/en/terms-and-conditions/provision-of-sim-cards
      6. Payment conditions: https://www.gastronovi.com/en/terms-and-conditions/gastronovi-pay-conditions
      7. Data protection information for business partners: https://www.gastronovi.com/en/terms-and-conditions/data-protection-business-partner