Terms of Service (AGB)

1. Scope and parties

These Terms govern the contract between ORDUMI Digital Solutions, Owner: Leon Klautsch, Hauptstr. 27, 99988 Heyerode, Germany ("ORDUMI", "we") and the business customer ("Customer"). ORDUMI is a B2B software-as-a-service (SaaS) platform that provides restaurants and other businesses with tools for online ordering, reservations, landing pages and related management features.

Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Consumers (§ 13 BGB) may not conclude a contract. Deviating terms of the Customer do not apply unless we expressly agree in writing.

2. Role of ORDUMI — software only

ORDUMI provides software only. We are not a party to any contract between the Customer and its end customers (guests).

• All orders, reservations and sales are concluded directly between the Customer and its end customers.
• The Customer is solely responsible for food quality, food safety and hygiene, allergen and price information, business licences, taxes, delivery and customer service.
• Payments from end customers are processed through the Customer's own payment provider account (e.g. Stripe). ORDUMI never receives or holds these funds.
• The Customer is responsible for the lawfulness of the content (menus, images, texts, legal notices) it publishes via ORDUMI.

3. Free trial

New Customers receive a 3-day free trial. Nothing is charged during the trial. If the Customer cancels before the trial ends, no fees are due. If not cancelled, the paid subscription starts automatically on day 4.

4. Plans, prices and billing

• The features and prices of each plan are as shown on our pricing page at the time of ordering. All prices are net and exclude statutory VAT.
• Subscriptions are billed in advance either monthly or yearly, as selected by the Customer.
• Subscriptions renew automatically for the same billing period unless cancelled. The Customer can cancel at any time with effect at the end of the current billing period; fees already paid are not refunded pro rata.
• Payment is made via our payment provider. If payment fails, we may suspend access after a reminder.
• We may adjust prices with at least 6 weeks' notice in text form; the Customer may cancel before the change takes effect.

5. Setup fee

The Customer may set up its account itself (DIY, free of charge) or book the Professional Setup for a one-time fee of €500 (net). The Professional Setup is charged together with the first subscription payment on day 4, and the setup service begins only after the free trial ends. Because it is remuneration for work performed, the setup fee is non-refundable once setup has begun.

6. Availability and support

We strive for high availability of the service but do not guarantee uninterrupted operation. Maintenance, updates and circumstances beyond our control (e.g. outages of hosting or payment providers) may cause temporary interruptions. Support is provided asynchronously by email.

7. Customer obligations

• Keep login credentials confidential and notify us immediately of any misuse.
• Do not use the service for unlawful purposes or in a way that impairs its operation.
• Comply with all applicable laws, including data protection, consumer protection, food and tax law.

8. Intellectual property

All rights to the ORDUMI software, design, brand and documentation remain with ORDUMI. The Customer receives a non-exclusive, non-transferable right to use the service for the duration of the contract. The Customer retains all rights to its own content and grants us the rights necessary to host and display it as part of the service.

9. Termination and suspension

Either party may cancel at the end of the current billing period. The right to terminate for good cause remains unaffected; good cause exists in particular for serious breaches of these Terms or non-payment. After termination, the Customer may export its data for 30 days; afterwards the data will be deleted unless statutory retention obligations apply.

10. Limitation of liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage, and in any case to the fees paid by the Customer in the 12 months before the damaging event. Liability for lost profits, lost orders and indirect damages in cases of slight negligence is excluded. We are not liable for the acts of the Customer, its end customers or third-party providers (e.g. payment providers).

11. Data protection

Where ORDUMI processes personal data on behalf of the Customer, the data processing agreement described in our Privacy Policy (Art. 28 GDPR) applies.

12. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for merchants is Mühlhausen. Should any provision be invalid, the validity of the remaining provisions is not affected.