GENERAL TERMS AND CONDITIONS Limendo Kassa & Menu

1 SCOPE
1.1 “KASSA” is an offering provided via mobile applications (apps for Android and iOS) (hereinafter: “KASSA”) by Limendo GmbH (hereinafter: “PROVIDER”), VAT No. 02995110216, based in 39100 Bolzano (BZ), Italy.
1.2 “MENU” is an offering provided under the internet domain https://menu.limendo.com (hereinafter: “WEBSITE”) and via mobile applications (apps for Android and iOS) (hereinafter: “MENU”) by Limendo GmbH (hereinafter: “PROVIDER”), VAT No. 02995110216, based in 39100 Bolzano (BZ), Italy. MENU is considered an add-on (extension) of KASSA. Therefore, in these agreements, “KASSA” refers to both software applications.
1.3 Your use of KASSA is subject to a legally binding agreement between you and the PROVIDER. This legal agreement consists of:
(a) these general terms and conditions (hereinafter: “GTC”), available at https://limendo.com/agb-menu, and
(b) the PROVIDER’s privacy policy, available at https://limendo.com/datenschutz. The GTC and the privacy policy are hereinafter jointly referred to as the “PROVISIONS.”
1.4 The PROVISIONS govern the relationship between you and the PROVIDER in connection with the use of KASSA and form an integral part of all agreements concluded between you and the PROVIDER regarding the use of KASSA. Deviating and supplementary provisions apply only if explicitly agreed. The PROVISIONS apply to all users of KASSA and all visitors to the WEBSITE, as well as to clients and suppliers of the PROVIDER.
1.5 In addition to the PROVISIONS, the use of KASSA may be subject to further regulatory and contractual provisions, including those from third-party providers with whom the PROVIDER collaborates, if you use their services.
1.6 The terms and conditions apply in all cases, except where their validity has been expressly and in writing revoked prior to the order being placed, and such revocation has been confirmed in writing by KASSA.
1.7 You acknowledge and agree that each member of the corporate group to which the PROVIDER belongs is a third-party beneficiary of the PROVISIONS and that these entities are entitled to rely on and directly enforce any provisions of the PROVISIONS that confer a benefit (or rights) to you.

2  ACCEPTANCE OF THE PROVISIONS
2.1 To use KASSA, you must first accept the PROVISIONS. By visiting the WEBSITE and/or using KASSA, you declare that you have read the PROVISIONS valid at the time of use and that you accept them. You should print or save the PROVISIONS locally for your records.
2.2 You may not use KASSA or accept the PROVISIONS if
(a) you have not yet reached the legally required age to conclude a binding contract with KASSA, or
(b) under the law of the state in which you reside or from which you access or use KASSA, you are prohibited from receiving or using KASSA or are otherwise legally restricted from doing so.

3  LANGUAGE OF THE PROVISIONS
3.1  The content of KASSA is offered in various languages for your convenience. The PROVISIONS are available in German, Italian, and English. However, only the German version of the PROVISIONS and the content of KASSA is legally binding for your contractual relationship with the PROVIDER.

4  CHANGES TO THE PROVISIONS
4.1  The PROVIDER reserves the right to change the PROVISIONS at any time, in whole or in part, at its discretion and without giving reasons. In such a case, the changes to the PROVISIONS become effective upon their publication on the WEBSITE. By using KASSA after the publication of changes, you accept the changes to the PROVISIONS. You should regularly check the PROVISIONS for updates.

SERVICES AND SUBJECT MATTER OF THE CONTRACT

5 GENERAL
5.1 KASSA includes software solutions for entrepreneurs and end customers in the gastronomy and retail sectors. The PROVIDER offers an information and transaction platform on the internet and via applications, through which ordering processes can be executed. KASSA thus facilitates the mediation and execution of business transactions and initiates a contractual relationship.
5.2 For the purposes of these GTC, the term “entrepreneur” refers to any natural or legal person acting for purposes attributable to their commercial, business, craft, or professional activities.
5.3 For the purposes of these GTC, the term “end customer” refers to any natural or legal person acting for purposes outside their commercial, business, craft, or professional activities.
5.4 All service offerings of the PROVIDER are non-binding and subject to change. This also applies to price information. The exact scope and nature of the contractual services for entrepreneurs or end customers can be found in the corresponding service descriptions, which we are happy to provide upon request; these form an integral part of these GTC. Any services beyond this require a separate written agreement with the PROVIDER. The PROVIDER may make changes to KASSA and/or the WEBSITE at its discretion at any time and provide updated versions of KASSA and/or the WEBSITE.
5.5 The transfer of data via KASSA may incur costs, depending on the provider agreement of the entrepreneur or end customer.
5.6 The PROVIDER is entitled to display advertisements within KASSA or have them displayed. These advertisements do not disrupt the operation or functionality of KASSA.
5.7 Depending on whether you use KASSA as an entrepreneur or as an end customer, the following specific provisions for entrepreneurs (Section 6) or end customers (Section 7) apply to you, in addition to the other provisions of these GTC.

6  SPECIAL CONTRACTUAL PROVISIONS FOR ENTREPRENEURS
6.1 KASSA is offered to entrepreneurs as Software-as-a-Service (SaaS). If you use KASSA as an entrepreneur, the PROVIDER delivers the contractual services as a SaaS service provider. The subject of the contractual relationship between you and the PROVIDER is the temporary, non-exclusive, and paid provision of software over the internet. For this purpose, the PROVIDER stores the software on a server accessible to you via the internet and mobile applications (apps for Android and iOS). KASSA allows you to use the information and transaction platform provided by the PROVIDER to offer your gastronomic services to end customers.
6.2 You acknowledge that the PROVIDER is not a contractual partner of the services you offer via KASSA. The PROVIDER receives orders and reservations from end customers through KASSA and forwards them to you. By confirming an order and/or reservation, you enter into a contractual relationship with the end customer.
6.3 The use of KASSA is subject to a fee for entrepreneurs and is based on a subscription contract. By registering on the WEBSITE or creating a user account, you explicitly declare your intent to use KASSA for a fee, thereby concluding the contract with the PROVIDER. All prices and other costs for using KASSA are available on the WEBSITE and are subject to applicable taxes and/or other charges.
6.4 The subscription contract begins on the day of conclusion and is valid for one year. It automatically renews for an additional year unless terminated in writing by either party with one month’s notice before the end of the contract year. Termination of the subscription contract results in the deletion of your user account including all data. You are obliged to secure your data independently before the end of the contract period (e.g., via download). Subscription prices are value-adjusted and are updated annually according to the ASTAT consumer price index for the province of Bolzano. Adjustments are automatic and do not require prior notice from the PROVIDER. Inflation adjustments may be applied annually or retroactively for multiple years.
6.5 The costs for using KASSA are billed to you annually in advance.
6.6 The invoice is due on presentation. You are obliged to pay the amount specified without deduction. Payment can be made via the credit card linked to your user account or the bank account associated with your user account, and is debited directly or via SEPA direct debit. For the provision of KASSA’s payment functions, the PROVIDER uses the services of “Stripe Inc.”. When creating a KASSA user account, you must open your own account directly with “Stripe Inc.” to use the payment functions. The PROVIDER reserves the right to change payment terms.
6.7 If you are even partially late with a payment, the PROVIDER is entitled to suspend its contractual services and block your access to KASSA, and the existing contractual relationship is considered terminated under Art. 1456 of the Civil Code by operation of law. If the PROVIDER does not invoke this explicit termination clause, your late payment requires the payment of default interest at the rate according to Art. 5 of the Legislative Decree of October 9, 2002, No. 231. Interest accrues automatically the day after the due date without prior notice. The assertion of any further claims related to late payment remains reserved by the PROVIDER.
6.8 The PROVIDER may withdraw from the existing contractual relationship prematurely and without notice if insolvency proceedings are initiated against your assets.
6.9 You may not, in connection with your use of KASSA, provide or otherwise utilize any content, information, offers, and/or services that infringe upon the rights of third parties (in particular in the areas of data protection, competition law, patent law, and/or trademark law or other intellectual property rights) or that violate provisions of Italian law (in particular those relating to public order and criminal law). You agree to indemnify the PROVIDER against all claims from third parties in this regard and to reimburse the PROVIDER for all costs and damages that may arise directly or indirectly as a result of related legal violations.
6.10 The PROVIDER is not liable for and provides no warranty or guarantee whatsoever for the content, information, offers, and/or services that you provide to end customers in connection with the use of KASSA. You are solely responsible for these matters vis-à-vis the end customer. The PROVIDER assumes no liability with regard to the content and information that you enter or create in KASSA's central product or ingredient database, particularly with regard to information on allergens and their associations with specific products and/or ingredients. The nature, scope, feasibility, remuneration, and all other aspects of your services to end customers are governed exclusively by the contractual relationship between you and the respective end customer.
6.11 The PROVIDER is entitled to review the content you create at any time and at its own discretion, and to remove it if necessary. The following types of content are particularly, but not exclusively, prohibited::
(a) Content that infringes on the copyrights, trademarks, patent rights, or other intellectual property rights of third parties.;
(b) Pornographic or sexually explicit content;
(c) Prohibited services include prostitution, the sale of drugs and weapons, and human trafficking;
(d) Depiction of violence, accidents, corpses, or similar things.;
(e) Racist content;
(f) Spam or misleading content, or content that violates the rules of fair competition.
6.12 The PROVIDER may use any content you create while using KASSA at any time for its own purposes, including marketing purposes. You grant the PROVIDER a worldwide, non-exclusive, and royalty-free license to the relevant content and associated rights (including copyright, patent, trademark, and other intellectual property rights). This license is perpetual and irrevocable. Any ownership rights to the content in question remain unaffected. The PROVIDER disclaims all liability in connection with the use of your content and/or rights..
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7  SPECIAL CONTRACTUAL PROVISIONS FOR END CUSTOMERS
7.1 As an end customer, you can use KASSA free of charge – without prejudice to the provisions under Section 5.5 – to interact with gastronomy entrepreneurs (hotels, restaurants, bars, etc.) and to carry out ordering processes.
7.2 By using KASSA as an end customer, you do not enter into a contract with the PROVIDER, but with the respective entrepreneur with whom you interact or with whom you make and pay for reservations and orders.
7.3 Please note that KASSA does not assume any guarantee, warranty, or liability for the services offered to you by the respective entrepreneur via KASSA. If you are not satisfied with the services of the respective entrepreneur, you must contact them directly. At the bottom of KASSA, in the so-called “Footer,” you can access the privacy policy, terms and conditions, and legal notice of the respective company.
7.4 The PROVIDER does not use tracking services to provide KASSA’s services. The privacy policy, available at https://limendo.com/privacy-menu, explains which tracking services the PROVIDER uses and why. Technical cookies are necessary for KASSA’s functionality, e.g., saving an item in the shopping cart.
7.5 Please note that consuming food and beverages involves risks, especially if you have allergies. The respective entrepreneur is solely responsible for the allergen, ingredient, and product information provided in KASSA. It cannot be ruled out that certain allergens may not be displayed due to a software error. KASSA assumes no liability in this regard.

GENERAL TERMS OF USE

8  Your Use of KASSA
8.1 You may use KASSA only within the scope of the contractually agreed usage. You are not entitled to any additional rights. Any further use requires the prior written consent of the PROVIDER.
8.2 If you exceed the contractually permitted use or otherwise use KASSA unlawfully or allow such use, the PROVIDER may suspend its contractual services and block your access to KASSA and/or terminate the contractual relationship without further notice. In this case, you are responsible for any resulting damages and/or claims of third parties and are obliged to indemnify the PROVIDER against all claims by third parties.
8.3 KASSA is the exclusive property of the PROVIDER. By using KASSA, you acquire no claims or rights to KASSA or its contents, particularly not to the software or the WEBSITE. All copyrights, patents, trademarks, and other industrial property rights remain with the PROVIDER. You are not permitted to reproduce, sell, temporarily assign, rent, or lend KASSA, the WEBSITE, and/or the PROVIDER’s software or any parts thereof.
8.4 You are obliged to take all necessary and/or appropriate measures to prevent unlawful or non-contractual use of KASSA. If you recognize or should recognize that unlawful or non-contractual use is imminent, you must immediately notify the PROVIDER. You are required to protect your assigned access rights, identification, and authentication information from third-party access and not to disclose them to unauthorized persons.
8.5 The PROVIDER is entitled, at its discretion, to implement technical or other measures at any time to protect against non-contractual use of KASSA and/or introduce additional usage provisions.

CONTENT AND LINKS
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9  KASSA Content
9.1 All content on the WEBSITE, including – but not limited to – texts, software, scripts, graphics, photos, sounds, music, and other interactive elements, as well as the design, process and workflow, customer experience, and functionalities of KASSA (hereinafter: “KASSA Content”), unless third-party rights are indicated, are owned by the PROVIDER or licensed to it, and are subject to copyrights, trademark and patent rights, or other industrial property rights of the PROVIDER or its licensors.
9.2 You may use the KASSA Content only within the scope of the contractually agreed usage. Without the prior written consent of the PROVIDER or its licensors, the KASSA Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited. The PROVIDER reserves all rights not expressly granted regarding KASSA Content.

10  Hyperlinks on KASSA
10.1 The WEBSITE and KASSA may contain hyperlinks to other websites that are neither owned nor controlled by the PROVIDER. The presence of such hyperlinks does not constitute a recommendation for the respective websites, and the PROVIDER assumes no liability for their content, services, or other activities.
10.2 You acknowledge and agree that the PROVIDER is not responsible for any losses or damages you may incur in connection with the availability of such external websites or sources, or as a result of your reliance on the completeness, accuracy, or existence of advertisements, products, or other materials that are on or offered through such websites.
10.3 Be vigilant when leaving the WEBSITE and review the terms of use and privacy policies of every other website you visit.

DISCLAIMER OF WARRANTY
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11  Disclaimer of Warranty by the PROVIDER
11.1 The services of KASSA, including the content and services of the WEBSITE, as well as all other alias sites of the PROVIDER, are provided "as is," and the PROVIDER assumes no warranty or guarantee regarding them.
11.2 In particular, KASSA does not warrant or guarantee that:
• your use of KASSA will be uninterrupted and/or timely, secure, and/or free of errors or disruptions;
• your use of KASSA will meet your expectations;
• any information you receive through the use of KASSA is accurate or reliable;
• errors in the operation or functionality of any software provided to you as part of the PROVIDER’s services will be corrected.
11.3 Other conditions, warranties, or provisions (including any provisions regarding satisfactory quality, fitness for a particular purpose, or compliance with descriptions) do not apply to the PROVIDER’s services unless expressly stated otherwise in these terms and conditions.
11.4 The PROVIDER is not a contracting party for the services offered by entrepreneurs to end customers via KASSA. The PROVIDER assumes no warranty or other guarantee for the content, information, offers, and services that entrepreneurs provide to end customers in connection with the use of KASSA.

DISCLAIMER/LIMITATION OF LIABILITY

12  Disclaimer/Limitation of Liability of the PROVIDER
12.1 The PROVIDER is not liable for damages (including direct or indirect damages, consequential damages, and lost profits) arising directly or indirectly from the use of KASSA, except in cases of intent or gross negligence.
12.2 The PROVIDER assumes no responsibility for permanent or temporary errors, omissions, interruptions, deletions, defects, delays, and/or suspensions in the operation, transmission, or provision of KASSA content and services, communication line failures, unauthorized access to data, or theft. The PROVIDER is also not responsible for problems or technical malfunctions related to mobile internet, telephone networks or lines, online systems, servers or providers, computer equipment, software, as well as for email failures or the electronic payment service provider due to technical problems or internet congestion, or a combination thereof. The PROVIDER is also not liable for any changes it may make to KASSA.
12.3 The PROVIDER is not liable for any damages you may suffer as a result of reliance on the completeness, accuracy, and/or existence of any advertising and/or offers, or in connection with any dealings or transactions between you and any advertiser or sponsor whose advertisement appears in connection with the use of KASSA.
12.4 You bear sole responsibility for all content, information, offers, and/or services that you provide or otherwise use in connection with KASSA. The PROVIDER assumes no liability in this regard, and you are obliged to indemnify the PROVIDER against all third-party claims and to reimburse the PROVIDER for any costs and damages arising directly or indirectly from related legal infringements.
12.5 The PROVIDER is not liable for storage errors, deletion, loss, and/or damage to data that you provide, create, or receive in connection with the use of KASSA.
12.6 The PROVIDER is not liable for unauthorized access to personal customer data by third parties (e.g., through unauthorized hacker access to KASSA). The PROVIDER also cannot be held responsible for misuse of content and information that you have made accessible to third parties.
12.7 The PROVIDER is not liable for the content, information, offers, and services that entrepreneurs provide to end customers in connection with the use of KASSA. End customers are aware that the PROVIDER has no influence over the content, information, offers, and services of the entrepreneur, and in particular has no influence over the availability and/or handling of inquiries, reservations, and/or orders. End customers acknowledge that no claims can be made against the PROVIDER regarding services not provided or not provided as expected by the entrepreneur. The PROVIDER assumes no liability for contracts that are not concluded.
12.8 The disclaimers and limitations of liability contained in this Section 12 apply regardless of whether the PROVIDER was informed of the possibility of such claims, losses, and/or damages and/or was aware of them. They also apply to the liability of legal representatives and vicarious agents.
12.9 The disclaimers and limitations of liability in this Section 12 do not apply in cases of intent or gross negligence.

CONTRACT TERMINATION
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13  Express Termination Clause
13.1 If you violate even one of the provisions in Section 6 (Special Contract Provisions for Entrepreneurs)—specifically provisions 6.6, 6.7, 6.8, 6.10 and 6.11 -, section 8 (Your Use of KASSA) – specifically provisions 8.1, 8.2, 8.3, and 8.4 -, section 9 (KASSA Content)—specifically provision 9.2 – and/or section 12.4 (Responsibility for Content and Obligation to Indemnify), this constitutes a serious and material breach under Art. 1455 of the Swiss Civil Code (ZGB) and automatically results in the termination of the contractual relationship between you and the PROVIDER pursuant to Art. 1456 ZGB, without prejudice to asserting further claims and compensation for all damages. In the event of early termination of the contractual relationship under the provisions of this section, you are, in any case, obliged to pay for the services used up to the point of contract termination.

FINAL PROVISIONS

14  Applicable Law
14.1 Italian law applies to all relationships between the contractual parties, including these GTC, excluding conflict-of-law provisions. Any mandatory consumer protection provisions that may apply remain unaffected by this choice-of-law clause.
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15  JURISDICTION
15.1 The exclusive place of jurisdiction for all disputes arising from or in connection with the relationships between the contractual parties, including these GTC, is Bolzano, Italy. Any mandatory consumer protection provisions that may apply remain unaffected by this jurisdiction agreement.

16  PLACE OF PERFORMANCE
16.1 The place of performance for all contractual services is the registered office of the PROVIDER.

17  SAVINGS CLAUSE
17.1 Should one or more provisions of these GTC be or become invalid or ineffective, the validity and effectiveness of the remaining provisions shall remain unaffected.

18  TOLERATION
18.1 Should you violate the provisions of these GTC, any toleration of such a violation by the PROVIDER shall in no way constitute a waiver of its rights or any other effects under the relevant provisions, nor a waiver of the right to full performance of the obligations and conditions of the contractual relationship and/or these GTC.

ACCEPTED/I ACCEPT

The client
In accordance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the user of the WEBSITE and/or KASSA declares to have read the following clauses and provisions of these Terms and Conditions and to accept each of them individually and specifically:
Section 1.6 (Third-Party Beneficiaries of the TERMS), Sections 2.1 and 2.2 (Acceptance of the TERMS), Section 4.1 (Amendments to the TERMS), Section 5.4 (Service Offerings and Scope of Services), Section 5.6 (Advertising), Section 6.2 (Disclaimer of Liability for Services Offered), Section 6.3 (Fees), Section 6.4 (Conclusion and Duration of Contract, Termination, Adjustment of Subscription Price, Deletion of Data upon Contract Termination), Section 6.5 (Invoicing), Section 6.6 (Invoice Due Date and Payment Terms), Section 6.7 (Default in Payment, Default Interest, Express Termination Clause), Section 6.8 (Right of Withdrawal of the PROVIDER), Section 6.9 (Obligation to Indemnify the PROVIDER against Third-Party Claims), Section 6.10 (Warranty and Liability Disclaimer), Section 6.11 (Prohibited Content), Section 6.12 (Provider's Rights in Relation to User Content), Section 7.3 (Warranty and Liability Disclaimer), Section 7.4 (Use of Tracking Services), Section 7.5 (Disclaimer), Section 8.2 (PROVIDER's right to discontinue services and terminate the contract and user's obligation to indemnify), Section 8.3 (Usage restrictions), Section 8.4 (User obligations), Section 8.5 (PROVIDER's right to modify the terms of use), Section 9.2 (Usage restrictions), Sections 10.1 and 10.2 (Disclaimer), Sections 11.1, 11.2, 11.3 and 11.4 (Exclusion of warranties), Sections 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8 (Exclusion or limitation of liability), Section 13.1 (Express termination clause), Section 14.1 (Applicable law), Section 15.1 (Jurisdiction agreement), Section 16.1 (Place of performance), Section 18.1 (Waiver).
21 (Transfer of rights and obligations to affiliated companies).
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ACCEPTED/I ACCEPT