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1§ General contractual object The following agreements regulate the provision of the marketing/software product PROMPT CUISINE by the provider. With the product PROMPT CUISINE, the customer receives the technical possibility and authorization to access a software application which is hosted on a central server by a third party in Germany through telecommunication and to use the functionalities of the software application within the scope of this contract. For this purpose, the provider provides PROMPT CUISINE for use by the customer (§ 3). § 2 Services and Prices 2.1 Type and scope of the contractual services resulting from the service obligations of the provider. This attachment is attached to the contract and as such part of the agreement. 2.2 The currently valid prices can be taken either from the previous offer or on the website. 2.3 The provider is entitled to increase the usual or listed rates for the contractual services to compensate for personnel and other cost increases appropriately. The provider will announce these price increases to the customer in writing or by e-mail; the price increases do not apply to the periods for which the customer has already made payments. If the price increase is more than 20% of the previous price, the customer is entitled to terminate the contract as a whole with one month's notice to the end of a calendar month; If he makes use of this right of termination, the non-increased prices will be charged until the completion takes effect. An increase in prices within three months after the conclusion of the contract after the first provision of services is excluded. § 3 Right of use 3.1 The Client receives the non-exclusive right, limited in duration to the contract, to access PROMPT CUISINE through telecommunication and to use the functionality of PROMPT CUISINE under this Agreement via a browser. The use is only permitted to the extent that the purpose for the exercise of the respective professional activity is also required. The customer must ensure that the authorized users also comply with all requirements regarding the use of PROMPT CUISINE (user ID and password protection, etc.). The customer does not receive any further rights, in particular on the PROMPT CUISINE, the software application or the operating software. 3.2. To train the customer and the authorized users, each customer receives access to the online training center of PROMPT CUISINE. 3.3 The customer is not entitled to use PROMPT CUISINE beyond the use permitted under the terms of this contract, or to use it by third parties or to make it available to third parties. In particular, the customer is not permitted to reproduce, sell or temporarily distribute PROMPT CUISINE or parts thereof, especially not to rent or lend. 3.4 For each case, in which the customer culpably allows the use of PROMPT CUISINE, the customer has to pay damages in the amount of the compensation, which in the case of the conclusion of a contract for a regular contract period of 6 months minimum contract period in the highest remuneration level for a single user would have incurred. Proof that no or significantly less damage exists remains reserved for the customer. The provider remains entitled to claim further damages. 3.5 In the case of an unauthorized transfer of use, the customer shall immediately upon request provide the provider with all information necessary to assert the claims against the user, in particular, to provide his name and address. 3.6 If the contractual use of PROMPT CUISINE is negatively affected by the proprietary rights of third parties by the provider, the provider is entitled to refuse the services thereby affected. The provider will inform the customer of this immediately and enable him to access his data suitably. The customer is not obliged to pay in this case. Other claims or rights of the customer remain unaffected. § 4 Data protection and data security 4.1 Both parties shall comply with the respective application data protection regulations, in particular, those valid in Germany, and oblige their employees employed in connection with the contract with the data secrecy according to § 5 BDSG, insofar as these are not already generally required. 4.2 The customer is obliged to the legitimate users acc. § 3.1 also to indicate compliance with the data protection regulations. 4.3 If the customer collects, processes or uses personal data himself or the provider, he is responsible for ensuring that he is entitled to do so in accordance with the applicable provisions of data protection law and, in the event of a breach, indemnifies the provider against claims of third parties. 4.4 It is made clear that the customer remains "master of the data" both in the order and in the data protection law (§ 11 BDSG). The Customer is the sole owner of the power of disposal and ownership of all customer-specific data (entered data, processed, stored data, issued data). The provider does not take any control over the data and contents stored for the customer regarding legal admissibility of the collection, processing, and use; this responsibility is the sole responsibility of the customer. The provider is only entitled to process and/or use the customer-specific data exclusively according to the instructions of the customer (for example, to comply with cancellation and blocking obligations) and within the scope of this contract; In particular, the provider is prohibited from making the customer-specific data available to third parties in any way whatsoever without the customer's prior written consent. This also applies if and insofar as a change or addition of customer-specific data takes place. On the other hand, within the framework of the data protection law permissible, the provider is entitled to process and use the data of the customer (for example, billing data for billing services to the customer) during the application of this contract. 4.5 The software application, server and operating software, as well as other system components of PROMPT CUISINE, are operated in a data center of third parties. § 5 Obligations and obligations of the customer The customer will fulfill his requirements to perform and process this contract. He will work in particular. 5.1 pay the agreed prices on time. For each non-redeemed or returned direct debit, the customer has to reimburse the provider for the incurred costs to the extent that he is responsible for the cost-triggering event. 5.2 Protect the user and access authorizations assigned to it or the user as well as identification and authentication backups from access by third parties and do not pass them on to unauthorized users. 5.3 ensure that (for example, the transfer of texts and data of third parties to the server of the provider) all intellectual property rights and copyrights are respected; When setting pictures of food, the most realistic representation is to be selected. 5.4 obtain the required consent of the respective data subject insofar as he collects, processes or uses personal data in the context of the use of PROMPT CUISINE and does not intervene in any legal grounds for a license. 5.5 Do not misuse or use PROMPT CUISINE, in particular, provide any informational offer containing any unlawful or immoral content, or refer to any information that may be used to include, prosecute, or bribe or abusive, sexually offensive, or pornographic; To seriously endanger children or adolescents or to impair their well-being or damage the reputation of the provider. 5.6 refrain from attempting to obtain information or data without authorization or from unauthorized third parties, or intervening in programs operated by the provider or intervening or entering the data networks of the provider without approval. 5.7 not improperly use the potential exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming). 5.8 indemnify the Provider against all claims of third parties based on or with the consent of PROMPT CUISINE or resulting in particular from data protection, copyright or other legal disputes connected with the use of PROMPT CUISINE. If the customer recognizes or has to realize that such a breach is imminent, the obligation to inform the provider without delay exists. 5.9 back up the data transmitted to the Provider on a regular and hazard-appropriate basis, but at least once a day, and create its backup copies to ensure their reconstruction in the event of loss of data and information. 5.10 check for viruses and prior art anti-virus programs before sending data and information. 5.11 after submission of a fault report (see performance description, appendix A), replace the supplier with the expenses incurred by the inspection if it turns out after the check that there was no malfunction of the technical equipment of the provider and the customer could have recognized this with reasonable troubleshooting. 5.12 oblige the users authorized by him according to § 1 to comply with the provisions for the use of PROMPT CUISINE in § 5.2 to 5.7, and 5.9 and 5.10. 5.13 until the termination of the contract to secure its existing databases in the system by download, since it can not be ruled out that after completion of the agreement on these databases no access by the customer is possible. § 6 Contractual use of PROMPT CUISINE 6.1 The provider is entitled, in the event of unlawful infringement by the customer or the user named by him, against one of the essential obligations stipulated in this contract, in particular in the case of a breach of the provisions of § 5.5. - 5.7 obligations to block access to PROMPT CUISINE and its data. Access will only be restored if the violation of the essential obligation concerned is permanently eliminated or if the risk of recurrence is ensured by issuing an appropriate, punished cease letter to the provider. In this case, the customer remains obliged to pay the monthly prices. 6.2 The provider is entitled to delete the data concerned in case of a breach of § 5.5 - 5.7. 6.3 If in the cases of § 6.1 and § 6.2 a culpable violation of the customer before, the customer is obliged to pay damages in the amount of $ 50,000. The compensation shall be set higher or lower if the supplier proves minor damage or the customer less damage; the customer can also verify that there is no damage. The assertion of other claims for damages remains reserved. 6.4 In the event of an unlawful breach of the obligations set out in §5.5 - 5.7 by a user, the customer must promptly provide the provider with all information regarding the assertion of the claims against the user, in particular, his name and address. § 7 Terms of payment 7.1 Monthly rates are prorated for the remainder of the calendar month starting from the date of the provision. After that, the prices are to be paid in advance each calendar month. If a rate is calculated for parts of a calendar month, it will be charged for each day at 1/30 of the monthly price. 7.2 Other invoices are transmitted electronically. If this is only possible by post, this must be communicated by the customer. The invoice is otherwise deemed delivered and is due for payment. The terms of payment can be found in the invoices. § 8 Default 8.1 During a delay in payment of the customer in a not insignificant amount, the provider is entitled to block access to PROMPT CUISINE. In this case, the customer remains obliged to pay the monthly prices. 8.2 Is the customer? - For two consecutive months with the payment of the rates or a significant part of the prices or in a period of more than two months, in default of payment of the amount equivalent to two months, the supplier is entitled to terminate the contract without notice and one to demand liquidated damages due immediately in a sum of the remaining monthly prices until the end of the regular contract period. 8.3 The amount of damage is to be set higher or lower if the provider proves a higher or the customer lower damage. 8.4 The assertion of further claims due to late payment remains reserved for the provider. 8.5 If the supplier is in default with the operational provision, the liability shall be governed by § 9. The customer is only entitled to withdraw from the contract if the provider does not comply with a reasonable period of grace set by the customer (at least two weeks). § 9 Liability 9.1 The provider is liable to the customer in case of intent or gross negligence for all caused by him and his legal representatives or vicarious agents extensive damages. 9.2 In the event of slight negligence, the provider shall be liable without limitation in the fact of injury to life, limb or health. Incidentally, the provider is liable only insofar as he has violated a material contractual obligation (cardinal obligation). In such cases liability is limited to compensation for foreseeable, typically occurring damage. For a single claim, the liability is limited to the contract value, with ongoing remuneration to the amount of the payment per contract year. 9.3 The fault-free liability of the provider for damages (§ 536 a BGB) for defects existing at the conclusion of the agreement is excluded. § 9.1 and 9.2 remain unaffected. 9.4 Liability under the provisions of the Product Liability Act remains unaffected. 9.5 The provider guarantees and warrants that the PROMPT CUISINE system complies with the regulations of the tax office (GoBD regulation) at all times. § 10 Force Majeure 10.1 The Provider is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the agreement. 10.2 Force majeure includes, for example, war, strikes, riots, expropriations, cardinal changes of law, storms, floods, and other natural disasters as well as other circumstances for which the Provider is not responsible. In particular, water leaks, power outages and interruptions or destruction of data-carrying lines. 10.3 Each Contracting Party shall promptly inform the other Contracting Party about the occurrence of a case of force majeure in writing (sufficient e-mail). § 11 Contract start and term, termination 11.1 The Agreement enters into force upon signature by both Parties. The minimum duration of PROMPT CUISINE is 6 months and starts on the day the access data is provided. 11.2 The contractual relationship can be terminated by both parties at the earliest on expiry of the minimum rental period of 6 calendar months with a notice period of 1 calendar month. 11.3 The right of the customer to terminate the rental contract without notice, if the contractual use of the rental object is not granted in whole or in part in time or is withdrawn on time, shall be excluded. 11.4 All terminations under this contract must be made in writing § 12 Secrecy The contracting parties undertake to keep business and trade secrets, which they - including their vicarious agents - obtained on the occasion of the initiation of the contract or the fulfillment of the agreement, confidential. These obligations do not apply to information, knowledge, and experience that (a) are demonstrably known without breaching this confidentiality obligation, (b) were demonstrably known to the parties before receiving the information, knowledge, and experience; (c) obtained by a third party without a secrecy obligation or (d) demonstrably independently worked out. § 13 Circuit Specifications 14.1 The customer may transfer the rights and obligations arising from this contract to third parties only with the prior written consent of the provider. The provider, however, is entitled to transfer the rights and obligations arising from this contract to a group company within the meaning of § 15 of the German Stock Corporation Act. 14.2 German law applies to contractual relationships. Jurisdiction is Heilbronn. § 14 Further parts of the contract Essential components of this contract are the following supplementary valid annexes: Annex A: Obligations of the supplier ---------------------- Annex A: Obligations of the supplier 1. Provision of standard services The Provider shall, within the scope of the existing technical and operational possibilities, provide the Customer with standard PROMPT CUISINE services, the contents, and scope of which are set out in the following service description, ready for operation at the availability specified in Section 6. PROMPT CUISINE is provided ready for use if the provider has provided the customer with the access data for the PROMPT CUISINE software in writing. 2. Features of PROMPT CUISINE and user documentation The functionalities of PROMPT CUISINE are continually evolving. In each case, the current function list applies, which will be sent to the customer on request. 3. Access authorization The provider creates a customer account in the PROMPT CUISINE system. For this, it is necessary that the customer provides the provider with a working email address. In a Double Opt IN procedure, the provider ensures that only verified email addresses get access. The customer also receives a user ID and can then generate a password that is required for the further use of PROMPT CUISINE. The customer is obliged to keep the user ID and password secret and not to make it accessible to third parties. 4. Data backup 4.1 Nature and extent of the data to be backed up: • Up to 24/7/365 online • The data backup takes place daily • The data is stored for at least ten years. After that, the deletion, unless legal or legal reasons further storage is required. 4.2 Not covered by the scope of the contract is the observance of archiving obligations, e.g., commercial or tax-related long-term data backup for which the customer is responsible. 5. Customer requirements for the provision of services 5.1 To ensure a smooth use of PROMPT CUISINE and also to comply with the new legislation of the tax authorities for cash registers, the system stores the data at least for a period of 10 years. Deletion is not possible before this time. 5.2 The customer must use specific hardware for the use of PROMPT CUISINE. These currently include an Android 7.0 tablet (if you want to manage incoming orders) and a STAR network-enabled receipt printer. 5.3 Access to PROMPT CUISINE is via telecommunications via Secure Socket Layer (SSL) encryption. Requirements for using the backend to manage the PROMPT CUISINE account are: 1. Business access with static IP address (IPV4) 2. Minimum bandwidth 16,000 3. Browser: • Google Chrome • Safari 4. Software for PC: • Windows 7 or higher • Linux Ubuntu 14.04 or higher • OS X Mavericks 10.9 or higher 5.4 The provision of these requirements as well as the telecommunications services, including the transmission services from the service submission point to the devices used by the customer are not the subject of this contract but are the exclusive responsibility of the customer. 5.5 Also, the customer has access to the technical equipment belonging to the PROMPT CUISINE and the house transfer point (HÜP). The provision of the following data by the customer is also essential: - Bank details - Email - Company location 6. Availability 6.1 Reference The availability refers exclusively to the functionalities of PROMPT CUISINE described in point 2. 6.2 Availability The Provider shall provide the Customer with the functionalities of PROMPT CUISINE specified in Section 2 during the system time specified below, but excluding the contractually agreed times of the planned unavailability. System time: Up to 24 hours / day and 365 days / year Updates with possible downtime will be announced in advance. Failures cannot be excluded. The system is permanently monitored. If it comes to downtime, it will be repaired immediately. The available periods include during the following periods Disruptions in or due to the condition of the infrastructure not to be provided by the provider or its vicarious agents disruptions or other events which are not caused by the Provider or one of its vicarious agents, for example exceeding the thresholds according to Section 7.3; an insignificant reduction in fitness for contractual use, Unavailability exists if, moreover, the agreed functionalities are not usable. 7. Planned unavailability 7.1 Planned unavailability The provider is entitled to maintain, maintain and back up the software and/or hardware systems outside the scheduled times of non-availability listed in Table 7.2. Planned unavailability outside of these times must be agreed with the customer by email. For important reasons, the customer will not refuse unreasonably. 7.2 Use in times of planned unavailability If and in so far as the customer can use PROMPT CUISINE in times of planned unavailability, there is no legal claim to this. In the event of the use of PROMPT CUISINE in times of planned unavailability, if the performance is reduced or adjusted, the customer has no claim to warranty or compensation for damages. 8. Reporting The supplier and the customer agree on the availability measurement procedure described below. On this basis, the supplier provides the customer with monthly reports on demand, which include a determination of the availability achieved (basic reporting). In addition to the basic reporting, the provider provides the customer, upon written request, with the system data recorded for the customer, which enables a review of the reports provided by the supplier; this request cannot be asserted later than two weeks after the basic reporting has been released. 9. Response times and response times The provider ensures that the problem report is forwarded to via e-mail (ticketing) within 5 hours. The customer will receive a message from the supplier within 24 hours as to whether and when the problem has been resolved or will be resolved. For the quick help of common questions of the customers, the provider has created an FAQ list and will continue to expand it.