General terms and conditions (GTC)

These general terms and conditions apply to all contracts between [Placeholder: company name] (hereinafter “K2”) and its customers (hereinafter “Customer”) regarding the provision of the K2 platform and the associated services.

K2’s offers are aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Conflicting or deviating terms of the Customer only become part of the contract if K2 has expressly agreed to their validity in writing.

K2 provides the Customer with a multi-tenant software-as-a-service platform with which the Customer can operate an ordering website and optionally a mobile app under its own brand (menu, online ordering, reservations, marketing and other booked features).

The specific scope of services results from the chosen package and the individual agreement. K2 performs the setup as a “done-for-you” service.

The presentation of the packages on the website does not constitute a binding offer. After the Customer makes contact, K2 submits an individual offer. The contract is concluded upon its acceptance in text form or upon activation of access.

The individually agreed prices apply. Depending on the agreement, billing is made as an ongoing subscription, as a one-off payment with an ongoing maintenance fee, or in instalments. All prices are exclusive of the applicable statutory VAT. For intra-Community B2B services to entrepreneurs in Germany, the reverse-charge procedure generally applies (tax liability of the recipient pursuant to Art. 196 of the VAT Directive); in this case invoicing is net without showing VAT.

Payment is preferably made by SEPA direct debit. In the event of default of payment, K2 is entitled to suspend access until outstanding claims are settled.

The Customer is responsible for the content it provides (in particular menu, prices, images, legal texts) and ensures that it does not infringe applicable law or the rights of third parties.

The Customer keeps access credentials confidential and names a responsible contact person.

K2 endeavours to provide the platform with the least possible interruption. Excluded from this are periods during which the servers are unavailable due to technical or other problems outside K2’s control (force majeure, fault of third parties, etc.) as well as due to scheduled maintenance work.

K2 grants the Customer a simple, non-transferable right to use the platform to the agreed extent for the term of the contract. Rights to the software itself remain with K2 or its licensors.

K2 is liable without limitation for intent and gross negligence as well as under the Product Liability Act. In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded.

The contract term and notice periods result from the individual agreement. The right to extraordinary termination for good cause remains unaffected. Terminations must be made in text form.

Insofar as K2 processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. In all other respects, the privacy policy applies.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is — insofar as legally permissible — the registered office of K2.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.