Allgemeine Geschäftsbedingungen

General Terms and Conditions for the use of MenuMonkeys As of: August 2026

1. Scope and contracting parties These General Terms and Conditions (hereinafter "GTC") govern the use of the software-as-a-service solution "MenuMonkeys" (hereinafter the "Service") by commercial customers.

The provider and contracting party is AzApp.one GmbH, Mitländerstrasse 20, 71642 Ludwigsburg, Germany (hereinafter the "Provider" or "we").

A customer within the meaning of these GTC is exclusively an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) (in particular businesses in the hospitality and hotel sector) who uses the Service in the course of their commercial or independent professional activity (hereinafter the "Customer" or the "Business"). The Service is not aimed at consumers.

Deviating or conflicting terms of the Customer shall not become part of the contract unless we expressly agree to their validity in writing.

2. Subject matter and services MenuMonkeys is a digital QR ordering and guest communication system for the hospitality and hotel sector. The Provider makes the Service available to the Customer over the internet as a web-based application (SaaS). Depending on the booked plan, the scope of services includes in particular: - a digital menu with QR-code ordering by guests at the table, in the room or at further locations, - a staff application with live notification of incoming orders, - optional automatic receipt printing via compatible network printers, - AI-assisted import of menus from photo or PDF as well as automatic translation, - optional connection to existing point-of-sale or hotel systems.

The specific scope of functions depends on the plan selected by the Customer in accordance with the applicable list of services and prices. The Provider continuously develops the Service and is entitled to add, change or replace functions, provided that the core contractual benefit is retained.

The Service does not replace a fiscally compliant point-of-sale system within the meaning of the German Cash Register Anti-Tampering Ordinance. The Customer is responsible for fulfilling tax and record-keeping obligations (in particular GoBD/KassenSichV).

3. Conclusion of contract, registration and account The contract is concluded upon activation of the customer account by the Provider or upon completion of online registration. By registering, the Customer creates a business account.

The data provided during registration must be truthful and complete and kept up to date in the event of changes. The Customer is responsible for keeping their access data confidential and is liable for actions carried out under their account. In case of suspected misuse, the Provider must be informed without delay.

4. Free plan, trial period and 14-day trial The Provider offers a permanently free plan ("Free"). In addition, a business may try a paid plan free of charge for 14 days, once. No payment details are required for the trial. The trial ends automatically after 14 days; if the customer does not explicitly activate a paid plan by then, the account automatically switches to the free plan. No automatic charge is made without explicit activation. The 14-day trial may be used only once per business.

There is no entitlement to the free plan or the trial period; the Provider may change or discontinue their scope and availability at any time for the future. For free services, liability is limited in accordance with Section 10 to intent and gross negligence.

5. Prices and payment terms The prices valid at the time of booking in accordance with the price list apply. All prices are exclusive of statutory value-added tax.

Billing takes place in advance for the respective billing period (usually monthly). Payment is processed via the payment service provider Stripe; the Customer provides a valid payment method. Invoices are provided electronically.

If the Customer defaults on payment, the Provider is entitled, after prior notice, to suspend access to the Service. Further statutory claims remain unaffected.

Price changes for ongoing contracts will be communicated to the Customer in text form at least six weeks before they take effect. If the Customer does not object before the change takes effect and does not terminate, the change is deemed accepted; this will be specifically pointed out in the notice.

6. Term and termination The contract is concluded for an indefinite period unless otherwise agreed. It may be terminated by either party with one month's notice to the end of the respective billing period.

The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular in the event of a material breach of these GTC, payment default despite a reminder, or unlawful use of the Service.

Terminations must be in text form (e.g. email). After the end of the contract, the Customer's data is deleted in accordance with the data processing agreement (Section 9); the Customer will be enabled to export it beforehand on request.

7. Obligations and responsibility of the Customer The Customer is solely responsible for the content they enter (menu, prices, item descriptions, images, allergen and additive information) as well as its accuracy, completeness and legal admissibility. In particular, the Customer must comply with the requirements of the Food Information Regulation (LMIV), the Price Indication Ordinance and applicable labelling obligations.

The Customer provides their own legally compliant imprint and privacy policy for their business, insofar as legally required. They must not enter any unlawful, infringing or offensive content and must not infringe the rights of third parties (in particular copyright, trademark and personality rights).

The Customer indemnifies the Provider against claims by third parties arising from unlawful use of the Service attributable to the Customer or a breach of these obligations.

8. Availability The Provider endeavours to ensure high availability of the Service but does not owe uninterrupted availability. Excluded are periods during which the Service is unavailable due to technical or other problems beyond the Provider's control (force majeure, fault of third parties, failure of external service providers). Necessary maintenance work will, where possible, be scheduled during off-peak times and announced in good time.

9. Data protection and data processing Insofar as the Provider processes personal data on behalf of the Customer (e.g. order and guest data), this is done as processing on behalf within the meaning of Art. 28 GDPR. The data processing agreement (DPA) applicable between the parties is an essential part of these GTC and is bindingly agreed upon conclusion of the contract. The controller in the data protection sense for the guest data processed in the business is the Customer.

10. Warranty and liability The Provider is liable without limitation for damage resulting from injury to life, body or health as well as in cases of intent and gross negligence and under the Product Liability Act.

In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

Otherwise, liability for slight negligence is excluded. Liability for the loss of data is limited to the typical recovery effort that would have arisen had backups been made regularly and appropriately to the risk.

11. Amendments to these GTC The Provider may amend these GTC with effect for the future insofar as this is necessary to adapt to changed legal or technical conditions or to expand the range of services and does not unreasonably disadvantage the Customer. Amendments will be communicated in text form at least six weeks before they take effect. Section 5 (consent and objection procedure) applies accordingly.

12. Final provisions 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 arising from this contractual relationship is – insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law – the registered office of the Provider.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. Amendments and additions must be in text form.