General terms and conditions

(1) These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts for the use of the software-as-a-service solution GastroFlow as well as for related hardware, integration and services between Fenix Web / FenixWEB (hereinafter “Provider” or “Fenix”), individual entrepreneurs based in 1010 Vienna, Austria, and the customer (hereinafter “Gastronom” or “Customer”).

(2) The services are aimed exclusively at entrepreneurs within the meaning of § 1 UGB (Corporate Code) as well as legal persons under public law. A conclusion of a contract with consumers within the meaning of § 1 KSchG is excluded. By ordering or registering, the customer confirms that he is acting in the exercise of his commercial or independent professional activity and does not conclude a consumer transaction.

(3) Deviating, opposing or supplementary general terms and conditions of the customer do not become part of the contract, unless the provider expressly agrees to their validity in writing.

(4) Individual agreements (e.g. Enterprise SLA, separate order processing contracts, project offers) take precedence over these GTC insofar as they have been concluded in writing or in text form.

(1) The subject of the contract is – depending on the agreement – the provision of the GastroFlow platform as a web-based SaaS solution, the delivery and integration of hardware/accessories as well as supporting services (setup, training, commissioning) to the agreed extent.

(2) The scope of SaaS services includes – depending on the booked tariff – in particular the following modules:

• Flow Menu – digital menu (QR-based, multilingual, allergen filter);
• Flow Order – QR table order without guest app, including upselling and digital payment connection;
• Flow Kitchen – kitchen display system (KDS) with real-time bons, stations, status control and offline buffering;
• Flow Reserve – online table reservation including confirmations and no-show protection (subject to tariff);
• Flow Connect – Connections, live desk and operational interfaces according to tariff description.

(3) Hardware & accessories (if ordered separately): NFC epoxy stickers, weatherproof QR tables, receipt printers, terminals/tablets and network hardware (e.g. for VLAN separation). Fenix acts as an integration and distribution partner, not as a manufacturer of all components. retention of title until full payment in accordance with § 7.

(4) The specific scope of functions results from the tariff / service description valid at the time of order as well as from separately agreed offers. The provider is entitled to continuously develop, update and technically improve the software as far as the contractual core benefit is maintained.

(5) Performance Limits: Fenix does not owe any telecommunication service, no operation of a public network and no guarantee of uninterrupted local operation. Fund, network and WLAN are subject to the delimitation according to § 3 and § 6.

(1) Where agreed, Fenix sets up or integrates network components (e.g. VLAN separation between operating network and guest Wi-Fi, access points, switches). Fenix is exclusively installer and integrator.

(2) The customer remains the sole operator of the local network and guest Wi-Fi (including password/captive portal policy, rules of use for guests, logging as required by law).

(3) The customer indemnifies Fenix from all claims of third parties and authorities arising from the use or misuse of the guest Wi-Fi or the customer network – in particular copyright infringements, illegal downloads/streaming, fraud, data protection violations by guests or staff as well as official requests for information and omission – insofar as Fenix has not acted intentionally or grossly negligently (in the sense of § 13 para 1).

(4) Disturbances caused by the customer's Internet connection, provider failures, misconfigurations after handover or arbitrary changes to the network do not justify a defect in Fenix performance.

(1) The provider can grant the customer a test or test phase. During the test phase, SaaS and, if applicable, rental devices are provided “as is”; the functional scope may be limited. These GTC apply accordingly.

(2) 30-Day Satisfaction Guarantee: Within the first thirty (30) calendar days from the start of the paid contractual relationship, the customer can terminate the SaaS contract in writing or by e-mail without giving reasons. In this case, the provider will refund the SaaS fee already paid for this period in full. Non-refundable costs are one-time setup, assembly, cabling, hardware or third-party costs, if shown or provided as such.

(3) Fictitious acceptance: The services are deemed accepted if the customer (a) lets the test phase run without written notice of material defects, or (b) continues to use the systems in the live operation of the restaurant, or (c) expressly declares acceptance. Insignificant defects do not prevent the acceptance.

(4) Rental Equipment: Rental or demo equipment must be returned in proper condition immediately after the end of the test phase or on request. Loss, damage and non-return entitle Fenix to calculate the exposure. Assembly and cabling expenses remain subject to compensation even if the test phase is terminated.

(5) The guarantee requires that there is no abuse (e.g. parallel multiple accounts for repeatedly obtaining refunds). After 30 days, the regular termination rules in accordance with § 12 apply.

(1) The customer ensures that all content and configurations stored in GastroFlow are legal, up-to-date and complete. In particular, the customer shall:

• correct food and drink prices and VAT. rates (in particular 10% and 20% in Austria);
• correct labelling of allergens and additives in accordance with LMIV and national rules;
• correct table allocations, cancellations, rebates and document corrections by staff;
• compliance with regulations on the protection of minors (in particular distribution of alcoholic beverages);
• Staff training and secure management of access data (no sharing of admin passwords, timely blocking of retired employees).

(2) The customer is responsible for the selection, configuration and operation of his devices, printers and the local network environment, unless expressly agreed as Fenix service.

(3) Delays or errors due to incomplete or delayed cooperation are not at the expense of the provider.

(1) Customer’s backup obligation: The customer is obliged to make appropriate backup copies of his operational and fiscal data on a working day basis. exports (if provided for by tariff). Fenix shall not be liable for any loss of data insofar as the customer has not complied with this obligation or the loss is beyond the reasonable control of Fenix.

(2) The provider designs fiscally relevant functions in such a way that they can comply with the requirements of the Austrian RKSV (Registrierkassensicherheitverordnung) – as far as the respective tariff includes these functions. For German-related companies, the platform supports interfaces/exports in the context of KassenSichV / TSE and GoBD-related exports.

(3) The customer provides correct master data (operating data, UID, tax rates, locations), certificates and receipt processes in a timely manner and immediately communicates changes.

(4) The final tax, cash and storage responsibility remains exclusively with the customer.

(1) The fee is based on the selected tariff (e.g. Bistro, Restaurant, Enterprise), the current price list and separate offers for hardware / services. All prices are to be understood plus the statutory sales tax, as far as applicable.

(2) Hardware deposit: For hardware orders, a deposit of 50% of the hardware price is due upon order. The remainder of the amount is after transfer or Commissioning payable within 7-10 days unless otherwise agreed.

(3) Reservation of title: Delivered hardware and accessories remain the property of Fenix until full payment of all claims arising from the respective delivery relationship. Resale, assignment or transfer of security before transfer of ownership require the consent of Fenix.

(4) Invoices are sent electronically. Monthly rates for SaaS are payable in advance unless otherwise agreed. In the event of late payment, the provider is entitled, after warning, to temporarily block access and withhold deliveries.

(1) 0 % Fenix platform commission: The provider does not charge a sales-based commission on order or reservation sales of the customer. Only the agreed SaaS tariffs and any additional services are applicable.

(2) Card payments via external payment service providers: Digital card payments (including Apple Pay / Google Pay) are processed via independent payment service providers (e.g. Stripe , SumUp or comparable providers). Normal banking transaction fees typically occur in the order of about 2–3,5 %. These expenses are collected or retained by the respective payment service provider; Fenix does not make its own platform commission on it. The conditions of the payment service provider are decisive.

(3) Fenix is not liable for defaults, blocks, chargebacks, withdrawal delays or contract changes of the external payment gateways. Contractual relationship and KYC are between the customer and the payment service provider.

(1) The provider aims for an average availability of the SaaS core platform of 99.5% per calendar year (as measured by access to the central cloud services, except for planned maintenance windows and circumstances beyond the reasonable control of the provider).

(2) Planned maintenance work is carried out as far as possible in low-traffic times and – as far as reasonably possible – is announced in advance.

(3) Offline buffering: The flow kiten KDS has a local buffering function which, in the event of a temporary failure of the local WLAN/network, allows the continuous display and processing of already transmitted or stored data. Support for locally buffered orders. After the connection is restored, data is synchronized according to technical possibilities. A complete offline self-sufficiency of all modules is not owed.

(4) Force majeure, failures of third-party providers (hosting, CDN, payment service providers, telecommunications) and disruptions in the customer’s network do not constitute a defect, as long as the provider exercises reasonable care.

(5) Obligation to complain (§ 377 UGB): The customer must notify defects immediately after discovery, but at the latest within a reasonable period of time after recognizability, in writing or in text form. If the customer omits the timely complaint, the service is deemed approved, unless it is a defect that was not recognizable during the examination.

(1) Guest data belongs 100% to the restaurateur. All operational and personal guest data generated by the customer or his guests in the context of use (contacts, order history, reservations, CRM entries) are the customer's responsibility. The provider does not claim any platform monopoly and no economic ownership of these customer data.

(2) The customer can – as far as technically and tariffally provided – export his data. After the end of the contract, the provider supports the publication or Deletion according to the data protection agreement.

(3) All rights to the software GastroFlow , the brand, the design, the source code, the interfaces and the documentation remain with the provider or its licensors. The customer is only granted a non-exclusive, non-transferable right of use limited in time to the contract term.

(4) The customer grants the provider the right to use anonymized and aggregated usage statistics for product improvement without any conclusions being made about individual guests or the customer.

(1) If the provider processes personal data on behalf of the customer, this is done as a processor in accordance with art. 28 DSGVO . The parties conclude a separate order processing contract (AVV) or declare the respective current AVV template of the provider as part of the contract.

(2) The hosting of the production systems takes place in the European Union or in the EEA, unless otherwise agreed by way of exception and in compliance with the DSGVO transfer mechanisms.

(3) The customer is responsible for the processing of guest data in his company and provides the necessary information (data protection declaration, consents, objection rights) to his guests.

(4) Technical organizational measures (TOM) are described in the AVV or in the security documentation of the provider and adapted to the state of the art.

(1) Monthly tariffs are automatically extended by a further month, unless they are cancelled with a period of 14 days at the end of the month.

(2) Annual tariffs (if offered) have a minimum term of twelve months and are extended by a further year if they are not terminated with a period of 30 days at the end of the term. Discounts for annual payment remain in principle proportionally owed in the event of early termination, unless necessarily agreed otherwise.

(3) The right to extraordinary termination for an important reason remains unaffected (especially in the event of significant late payment, gross breach of contract or misuse).

(4) Terminations require text form (email to the contract address specified by the provider is sufficient).

(1) The law of the Republic of Austria applies exclusively to the exclusion of the reference standards of international private law and to the exclusion of the UN Sales Law (CISG).

(2) Exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is – to the extent permitted by law – the competent court for 1010 Vienna.

(3) If individual provisions of these GTC are ineffective or impracticable, the effectiveness of the other provisions remains unaffected. Instead of the ineffective provision, the legally permissible regulation that comes closest to the economic purpose (salvatory clause) applies.

(4) Changes to these GTC will be communicated to the customer in text form. If the customer does not object within 14 days, the amended GTC shall be deemed accepted; This is specifically mentioned in the communication. In the event of an objection, both parties shall have a special right of termination at the effective date of the amendment.

(5) Place of performance for deliveries and services is – unless otherwise agreed Vienna.