Terms of Service
orderbird AG, located in Berlin, offers a cloud-based restaurant cash register system which offers a particularly affordable cost/service ratio due to its central administration, flexible scalability, and the use of affordable standard hardware for terminal devices. In addition to other service specifications of various product versions, this contract forms the basis of the future cooperation of the parties.
1. Object of the contract
(1) This contract grants the customer a payable license for the time-limited use of the cloud-based restaurant cash register system "orderbird". The cash register system consists of a register application on terminal devices named "orderbird POS" and an administration and accounting module named "my.orderbird". The specific services owed by orderbird are defined in the service specification, viewable at "orderbird.com/en/specification-of-services" and the selected product type as agreed in No. 2. of this contract. We supply only trade customers (caterer and its suppliers) who or which acts in exercise of his or its trade, business or profession and not for private purposes. The commercial use will be checked within the scope of order processing.
(2) The prerequisite for the use of the cash register system is the installation of the client application "orderbird POS" via the Apple app store on a terminal device running the "iOS-system" of the same provider. Due to the fact that simple and free usage rights are granted for this software, we refer to the license agreement which can be downloaded there. You can find the minimum system requirements in the service specification mentioned above. If the client application "orderbird POS" can also be used for the following administration and accounting module without customer registration, this is solely based on the license agreement as concluded in the app store of the provider Apple as prerequisite for the installation and is not covered by this contract.
(3) The administration and accounting module "my.orderbird" is provided as SaaS ("software-as-a-service"); this contract therefore does not constitute copyright exploitation rights for the customer with the exception of the above-mentioned right to install and use the app "orderbird POS"; the term "license" for various product versions used in the following and in the service specification is thus not understood in the copyright sense but as factual right to use the restaurant cash register system as a whole as a service.
(4) The customer is provided with a dashboard at "my.orderbird.com" which he can use for the contractual use of the administration and accounting functions as well as to add and remove services.
(5) The restaurant cash register system "orderbird" supports the acquisition of postings using up to nine further terminal devices on which the client software "orderbird POS" is installed. The total of terminal devices used by a party is referred to as “swarm”. This contract uniformly regulates both the right to use the cash register system with a single or with several terminal devices in a swarm. The customer can add services at any time using the dashboard by subscribing (payable) to additional terminal device licenses according to the agreement concerning contractual term regulated in No. 7.c) and also remove services in the same fashion.
(6) The restaurant cash register system "orderbird" generally requires an existing internet connection.
(7) If the customer purchases preconfigured hardware offered at "orderbird.com" from the manufacturer, the contractual regulations specified in the online shop for the hardware purchase apply; the regulations of this contract are only to be consulted to determine the contractually owed purpose.
2. Product versions
The customer can choose between two product versions (described in more detail in the service specification under No. 1), these being "my.orderbird PRO" and "my.orderbird FREE" . In this respect, the following applies:
a) my.orderbird PRO
(1) Under the label "my.orderbird PRO", the customer receives the payable right to use the contractual object described under No. 1 and the corresponding support for a terminal device as defined in No. 5. and this at the choice of the customer for the duration of one month, one year, or ten years ("lifetime license", assuming a normal usage period for cash register systems of no more than ten years for a depreciation period of eight years).
(2) If the system receives ongoing upgrades and expansions – more details under No. 3 - older service specifications deviating from the respective current state can be called up ordered by change dates under the specified address. We recommend saving or printing the current service specification at the time the contract is concluded.
(3) In order to ensure the conformity of the procedure with the principles of data access and for the verifiability of digital documents (GDPdU), during the first week after the conclusion of this contract the customer must ensure that at least one of the devices he operates is connected with the system back-end of "my.orderbird " via the internet using the installed client software "orderbird POS" for the purpose of comparing the managed data.
b) my.orderbird FREE
(1) "my.orderbird FREE" is a free license for the contractual object described under No. 1 which has a reduced functionality compared to the "my.orderbird PRO". For details we refer to the separate service specifications. The use of several devices in a swarm and the guarantee of the Service Level described under No. 5 of this contract is expressly not included in the services of "my.orderbird FREE".
(2) Using the selection requires that the customer registers for the selection "my.orderbird FREE" at my.orderbird.com and that he installs the client software "orderbird POS" from the app store of the provider Apple in conjunction with concluding the corresponding usage right agreement with orderbird.
(3) The customer can acquire the payable right to use the product version "my.orderbird PRO" at any time at "my.orderbird.com" under the link "License".
(1) One of the main advantages of the central system administration is the ease with which one can expand the service range during operation and thus respond to changing wishes and demands by customers. The ongoing development emphasized in the service specification is thus part of the contract which consequently includes that it is possible to change the operation of the solution at any time. The manufacturers reserve the right to make the use of my.orderbird dependent on the installation of updated versions of the access software. The above applies if the functionality contains at least the services which my.orderbird included in the service specification at "orderbird.com/en/specification-of-services" at the time the contract was concluded. The manufacturer shall inform customers of changes via e-mail.
(2) If the development causes a limitation or (in some rare cases) the removal of certain functionalities, the manufacturer shall inform the customer of the planned changes with one month's notice before the change. If my.orderbird can no longer be used with the previously existing functionality due to final removal of the function, the customer receives the special right to terminate the contract. In this case he is entitled to terminate the contract without notice. The customer shall be reminded of this possibility in the change notification. The contract shall be continued with the new range of functions of the customer does not declare the termination of the contract within two weeks of the implementation of the change. The date of the change notification shall represent the effective date.
4. Data security
(1) In order to ensure conformity with the principles of data access and verifiability of digital documents (GDPdU), the server creates continuous backups when there is an internet connection; this backup includes both sales-relevant data (movement data) and non-sales-relevant data (master data).
(2) The customer is obligated to print Z-reports every month and archive them reliably.
b) Particularities in fallback mode
(1) If there is no internet connection and therefore the client software "orderbird POS" is not connected to the administration and accounting module "my.orderbird", the client software switches to a so-called fallback mode in which data is collected but not backed up by the server. During such use, the customers must absolutely ensure that the terminal devices are synchronized at least once a week with the administration and accounting module "my.orderbird" via the internet in order to ensure proper data management.
(1) As an added service in included in the payment, the manufacturer offers both unique installation support and ongoing support according to the following conditions. The installation support after contract conclusion includes the one-time configuration of the "my.orderbird" system in connection with the client software "orderbird POS" per remote maintenance, pre-configuration, return, or on-site service. The manufacturer alone decides the suitable form of installation support. If needed, the customer ensures that there is internet access to create remote access as well as a computer connected to the internet.
(2) In terms of ongoing support, the following definitions apply:
"Support contact person" are up to three employees to be named by the customer who are exclusively authorized to report incidents to the manufacturer. "Incidents" are functional errors of the SaaS solution "my.orderbird" described in § 1 of this contract as well as the hardware and software needed for its use, in particular the application "orderbird POS";
"Reaction time" is the time that elapses between the manufacturer receiving notification of an incident and the first reaction towards the customer per call-back or e-mail, and the start of work to remedy the error;
"Business hours" are normal business hours, minimum core times from 10:00 am to 4:00 pm, Monday to Friday, not including state holidays in Berlin.
(3) Incidents are categorized as follows:
Category 1 incident: means that the SaaS solution described in No. 1 has stopped in real operation and is unable to process data as the result of a severe disruption of function;
Category 2 incident: describes a problem with the SaaS solution that results in a severe disruption of essential functions and cannot be remedied with a temporary solution, for instance a workaround;
Category 3 incident: describes a problem that is not critical for the basic function of the software, for which the customer is still able to login to the system and/or a workaround is possible;
Category 4 incident: describes inquiries about the operation of the software.
(4) The manufacturer shall provide support services during business hours with the following times, starting with the receipt of the support request:
support request, category 1: max. 2 hours;
support request, category 2: max. 4 hours;
support request, category 3: max. 10 hours;
support request, category 4: by the end of the next business day.
(5) The manufacturer shall provide support services outside of business hours with the following times:
• support request, category 1: max. 6 hours;
• support request, category 2: max. 10 hours;
• support request, categories 3 and 4: by the end of the next business day.
(6) The reaction can consist of a message from the technical personnel but also the remedy of the disruption. The report must be submitted exclusively by a support contact person to the phone number 0800-orderbird or the e-mail address [email protected]
(1) The SaaS is described in detail in the service specification mentioned in No. 1. In addition, the individual functions are illustrated by teaching videos at "orderbird.com". No additional documentation is owed.
7. Contract term and termination
a) my.orderbird PRO
(1) The contract is concluded for one month when acquiring a monthly license, one year when acquiring an annual license, and ten years when acquiring a lifetime license and can be canceled without notice to the end of the contractual term.
(2) If the contract is not canceled, it automatically extends by one month, independent of the initial contract duration. The usage period is determined by the date the contract was concluded. In case of a monthly license it ends on the day of the following month whose number corresponds to the date the contract was concluded. If the contract was concluded on the last day of the month, the usage period also ends with the last day of the following month if the number of days in that month is smaller than the previous month. For annual licenses, it ends on the day the contract was concluded in the following year and in case of a lifetime license on the day the contract was concluded after ten years.
(3) Any termination must be in writing.
b) my.orderbird FREE
(1) The contract for a my.orderbird FREE service is concluded for a term of one month and can be canceled without notice to the end of the contractual usage period. For all other cases, § 7 a) applies correspondingly.
c) Use of several devices in "swarm"
(1) If the customer expands the service range of his "my.orderbird PRO” BASIS license to further terminal devices, he acquires a monthly license for each terminal device, which extends by one month after the initial usage authorization period of one month if the customer does not cancel the usage authorization for the respective terminal device by choosing the respective option in the dashboard without notice period. For the rest, § 7 a) applies.
a) my.orderbird PRO
(1) The services specified above for a monthly "my.orderbird PRO” BASIS license cost € 49.00 net plus applicable VAT per month and for an annual license € 490.00 net plus applicable VAT for the first year and € 49.00 net plus applicable VAT for every further month.
(2) The cost of a lifetime license for the duration of ten years is specified in the written individual quote of the manufacturer. The purchase price plus applicable VAT is due when the contract is concluded. The following monthly renewal, if there is no cancellation, costs € 49.00 net plus applicable VAT per month.
(3) If the customer expands the service range of his "my.orderbird PRO" BASIS license to further terminal devices (including terminal devices in the swarm that are added later on in accordance with No. 1 and 7 c)), payment is calculated on the following basis. Up to two further terminal devices will be additionally charged with 49,00 € net, up to four further terminal devices will be additionally charged with 149,00 € net and up to nine further terminal devices will be additionally charged with 399,00 € net, in each case plus applicable VAT. The cost for eleven or more terminal devices in total is specified in the written individual quote of the manufacturer.
(4) The payment is due upon contract conclusion and then at the start of each new usage period. If customer acquires additional licenses during the term of this contract, orderbird reserves the right to adjust the billing cycle and to charge the further licenses coterminous with the initial license. The owed amount is either deducted in accordance with a separate direct debit authorization from an account of the customer within three days after the start of the respective usage period of the device or it must be transferred by the customer to the account of the manufacturer specified in the quote at the time defined above. The customer shall receive an invoice for the specified amount.
b) my.orderbird FREE
The "my.orderbird FREE" license is free of charge.
(1) orderbird's liability for damages due to simple neglect is excluded unless they affect injury to life, limb, or health or claims based on the product liability law. Liability, even for simple neglect, is not affected in case of violation of cardinal duties, i.e. duties whose fulfillment makes the proper implementation of the contract possible in the first place and in whose adherence the customer may trust regularly; however, in this case liability is limited to compensation for the damages which typically are associated with this type of contract and are foreseeable.
(2) The same applies for violations of duties by subcontractors of orderbird.
10. Concluding regulations
(1) Changes to this contract must be in writing; There are no verbal ancillary agreements at the time the contract is concluded. Only the regulations of this contract apply; deviating GTC of the customer shall not become part of the contract, not even if orderbird does not object to them expressly.
If the customer is a merchant, legal person under public law, or special trust under public law, then jurisdiction shall be in Berlin.
This contract shall be governed by the laws of the Federal Republic of Germany. Private international law and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.