Article 1: Scope of Application
These terms and conditions define the usage conditions of the food menu preparation software (the „Software“) offered by Menutech GmbH (haftungsbeschränkt), Almstadtstr. 46, 10119 Berlin, HRB 195572 B, DE299003170 (hereafter the "Company", “Menutech” or “we”), and apply between the Company and you, unless otherwise expressly agreed in writing. Deviating or conflicting conditions will not be recognised by the Company, unless we have expressly consented to them.
Changes to these terms and conditions will be communicated to you in writing, by fax or by e-mail. If you do not object to a change within four (4) weeks after notification, the changes will be deemed recognised and agreed by you. The right to object and the legal consequences of the silence will be indicated separately in the event of a change in the terms and conditions of business.
Article 2: Purpose of the Service
The purpose of the service is the use of the Software.
The Software includes the following services:
- Allergen declaration according to the UE FIC regulation 1169/2011 and 78/2014 concerning the labelling of allergen symbols and the presentation of food menus.
- Automated translation including the translation of the allergen declaration, following standard translation principles. We do not guarantee the completeness or accuracy of the provided information.
All services made available by the Company are thereafter referred to as the “Services”.
The translations, additives and allergens added to your dishes, beverages and wines may differ from those proposed and auto-completed by the Software. Missing or incorrect information must be corrected by the user. The user has the possibility to change translations and allergen information autonomously.
We assume no liability for incorrect, imprecise or incomplete information or for possible consequences resulting from the use of the information provided by the Software.
Article 3: Access to the Software
The Software is accessible on a smartphone, tablet and desktop provided an internet connection is established using one of the following browsers: the two latest versions of Chrome (Android included), Firefox, Opera, Safari (iOS included) or Edge. Limitations or differences linked to the choice of device and browser may exist.
Article 4: User registration
Registration to the software is free of charge. There is no entitlement to admission to our system. Only a person with full legal capacity is eligible. Upon request, you may have to send us a copy of your ID, your VAT ID-No and/or your registration documentation. To access our software, the online registration form must be completed on our website. The data required for the registration are to be completely and truthfully stated. You are obliged to keep the password secret and not to communicate this to third parties.
Apart from the declaration of your agreement with the validity of these General Terms and Conditions, your registration is not subject to any obligations. You can delete your entry at any time under "Settings / Account". With the registration alone, there is no obligation to purchase any of the services offered.
If your personal details change, you are responsible for updating them yourself. All changes can be made online after registration under "Settings/Profile".
Article 5: Contract Conclusion
The presentation of the Services in our software or website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
You can choose between different subscription from your account. The subscriptions’ conditions and fees can be consulted on our website: https://menutech.com.
To begin the order process, choose the subscription of your choice by clicking on “Choose a subscription”. During the order process, a message will appear on the screen. By clicking on “Cancel”, closing the message or closing the browser, you cancel the order process. By clicking on the "Confirm Subscription" button, the order process is completed.
Article 6: Contract Duration; Invoices
Subscriptions are activated for a minimum period of one year or on a monthly basis, depending on your choice. The subscription fee is charged upon its activation:
- Direct debit (SEPA) payments or Debit/Credit card payments are billed in advanced each month or each year upon the subscription activation date. For monthly payments, the minimum term is one month, after which the account can be cancelled anytime. For yearly payments, the minimum term is one year., Payments are undertaken by our partners GoCardless Ltd. and Stripe Inc.. Your information is transferred using a secure socket layer (SSL). The payment details submitted (bank details and/or card details) will be saved by our payment partners.
- Invoice payments are billed in advance for a year, the minimum subscription period is 12 months. Subscriptions renew themselves automatically each year upon expiry unless the Company is notified in writing 3 weeks before the end of the term.
Invoices are sent each month to the email address assigned to your account. The archive of invoices (PDF format) can be consulted and downloaded directly on your account in “Settings” > “Billing”.
Article 7: Late or Failed Payments
Any non-payment, late payment or partial payment of the amount due will lead to blocking access to writing or editing menus on your account. Your subscription and associated Services can be cancelled and suspended upon at the discretion of the Company.
Your menus remain available in their entirety: access is restored upon reception of all amounts due.
Article 8: Company Obligations
The Company commits all available resources to ensure the availability, continuity and quality of Services the subscription was activated for. The Company's liability may not be invoked:
- In the event of non-compliant usage of the Services,
- In the event of non-internet access or slow internet access,
- In the event of non-respects of Access Methods (Article 3)
- In the event of partial or full disruption, unavailability and/or interruption of the Services from third-party providers.
- In the event of force majeure.
We will only use your personal data (address, name, address, e-mail address, telephone number) to communicate with you in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz).
Your personal data, as far as these are necessary for the Company to execute and terminate the contractual relationship, are used exclusively for the execution of the purchase agreements between you and us.
You have the possibility to issue this consent before the declaration of your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
We also collect usage data, that is, data which may contain characteristics for your identification, the information on the beginning and the end, the scope of the respective use as well as information on the browser you use, for the purpose of advertising and market research for the creation of Usage profiles using pseudonyms.
In accordance with the EU General Data Protection Regulation (EU 2016/679), you can download all data held by the Company on your account directly in “Settings” > “Account”.
If you wish to receive further information or wish to revoke or expressly consent to the use of your existing data, or to contradict the use of your usage data, our support is also available at the e-mail address support(at)menutech.com or Please call +49 (0)30 23390113.
Article 10: Contractual Provisions
The contract terms concerning ordered and reserved Services (including these Terms and Conditions) are notified in writing to the email address assigned to your account upon acceptance. Contractual provisions are not stored.
Article 11: Intellectual Property
The Software source code and data are the property of the Company. The Company grants the user only a simple, non-exclusive and non-transferable right to use of the public and private database unconstrained in time and space. Any reproduction or copies for others uses are expressly forbidden. Any use of scripts, spiders, scrapers or other software for the programmatic exploitation of Menutech's data without Menutech's written consent is expressly excluded.
Article 12: Usage Rights
The addition of food, beverages and ingredients, product information, translations and the creation of menus, recipes, integrations and the use of other features offered in the software depend on the subscription selected and can be consulted on our website: https://menutech.com
We grant you a simple right of use for the menu designs, translations and allergen information, which is unlimited in time and place. The right of use includes the right to reproduce menus, menu plans, notices, wine and beverage menus, as well as product sheets, production instructions, recipe books and reports and making them available to the public.
Article 13: Delivery
Writing, translating and designing menus takes place on the Software. Modifying, downloading, printing and sharing your menus, menu plans, notices, wine and beverage menus, as well as product sheets, production instructions, recipe books and reports online is included in the Services’ delivery. They are available in PDF format.
Article 14: Limitations on Liability
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which only makes the proper execution of the contract possible at first, the violation of which would jeopardise the achievement of the purpose of the contract and upon which you may regularly trust as a customer. In the latter case, however, we are liable only for the foreseeable, contract-type damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusion of liability does not apply to injury to life, body and health. Liability under product liability law remains unaffected.
Following the current state of data communication over the Internet, such communication cannot be guaranteed without errors and/or at any time available. We are not liable for the permanent and uninterrupted availability of our software.
The Company does not warrant that the Software or the Website will be uninterrupted or error-free but is committed to resolving, in all reasonable diligence, all observed discrepancies between the Software and its documentation.
Article 15: Language of Contract
The language provided for the contract is exclusively German. Translations into other languages are for your information only. In the case of contradictions between the German text and the translation, the German text prevails (available here: https://menutech.com/de/allgemeine-geschaeftsbedingungen).
Article 16: Final Dispositions
Amendments or additions to these terms and conditions must be in written form. This also applies to the cancellation of this written form requirement.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN purchase law.
The place of performance, as well as exclusive jurisdiction for all disputes arising from or in connection with this contract is Berlin, Germany.
Should individual provisions of these terms and conditions be invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by the contracting parties by a mutually agreeable provision which comes closest to the economic purpose and purpose of the invalid provision. The above provision applies in the case of loopholes accordingly.
Last updated: 12 July 2019