Terms of Service

§ 1 Scope

These terms apply to the use of the Orderbon platform ("Orderbon") by commercial customers (restaurant businesses). The provider is Michael Lev Ari, Auf dem Neuen Feld 8, 63303 Dreieich, Germany.

The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). No consumer contract is concluded; a statutory consumer right of withdrawal (§§ 355, 312g BGB) therefore does not apply. Deviating or supplementary terms of the customer do not become part of the contract, even if Orderbon does not expressly object to them.

§ 2 Services

Orderbon provides a software-as-a-service solution that lets restaurant businesses set up their own ordering app, receive orders, process payments and use marketing tools.

§ 2a Scope of the AI features (fair use)

The AI-assisted add-on features included in the plans (e.g. menu translation, menu assistant, AI image generation, voucher designs, promotional videos and assistant email campaigns) are available within a reasonable monthly usage ("fair use"), as each use incurs costs with external AI providers. The applicable monthly allowances are transparently visible at any time in the customer area (dashboard); on the Pro plan these features are unlimited.

Once a monthly allowance is used up, all other services (order intake, payment processing, menu management, receipt printing, analytics and exports) remain fully available and unaffected. Allowances reset at the beginning of each calendar month.

Orderbon may adjust the allowances upon a significant change in the purchase costs of the AI providers, giving four weeks' notice. In that case the customer is entitled to terminate the contract effective as of the date the adjustment takes effect.

§ 3 Contract formation & trial

The contract is concluded upon registration. The trial period is 30 days from the setup of the business (or, when taking over a prepared demo shop, from the moment of takeover), is free of charge and requires no payment details. It does not convert into a paid subscription automatically.

After the trial period ends, the acceptance of new orders is paused until a paid plan is booked. The customer's data (menu, settings, order history) is retained and remains available unchanged once a plan is booked. The subscription starts when a paid plan (Flex / Pro) is booked.

§ 4 Prices and payment

The prices stated at the time of booking apply. Subscriptions are billed monthly in advance. An additional order fee (0.5%) may apply. All prices are exclusive of statutory VAT.

Orderbon may adjust subscription prices with six weeks' notice, effective from the start of a new billing period. Notice is given by email to the address provided by the customer. The customer may terminate the contract effective as of the date the price change takes effect; if the customer continues to use the service beyond that date, the adjustment is deemed accepted.

§ 4a Late payment

Payment is made via the payment service provider Stripe using the payment method stored by the customer. The customer is obliged to maintain a valid payment method with sufficient funds.

If a charge fails, Orderbon is entitled to retry the payment and to request payment by email. If payment is still not made after a reminder and a period of ten days, Orderbon may suspend the paid features (in particular the acceptance of new orders) until the outstanding amount is settled. The customer's data is retained during the suspension.

If payment is more than 30 days overdue, Orderbon is entitled to terminate the contract extraordinarily. Statutory default interest and reimbursement of necessary costs of legal enforcement remain unaffected.

§ 5 Term and termination

The subscription can be cancelled at any time effective at the end of the current billing period. There are no minimum terms.

§ 6 Customer obligations; content and rights

The customer is solely responsible for the content of their restaurant app (menu, prices, allergen labelling, age restrictions for alcohol and legal information towards their guests) and ensures its legality.

When importing content (e.g. from a website, Facebook or Instagram page), the customer warrants that they are the owner or authorised representative of the business in question and hold all usage rights to the imported content (texts, images, logos, menus). The customer indemnifies Orderbon against all third-party claims arising from a breach of this warranty, including reasonable costs of legal defence.

§ 7 Data processing agreement (DPA)

Insofar as Orderbon processes personal data of the customer's guests on the customer's behalf (e.g. names, contact details, delivery addresses, order data), it does so as a processor pursuant to Art. 28 GDPR. By accepting these terms, a data processing agreement is concluded with the following content: Orderbon processes guest data exclusively to provide the contractual services and per the customer's documented instructions, ensures confidentiality and appropriate technical and organisational measures (Art. 32 GDPR), supports the customer with data subject rights and notification obligations, and deletes or returns the data after contract end at the customer's choice. Sub-processors (esp. hosting, payment processing via Stripe, email delivery) are carefully selected and contractually bound.

The following sub-processors are currently used: Base44 Ltd. (hosting, database and file storage of the platform), Stripe Payments Europe Ltd. (payment processing), Resend (email delivery), seven.io (SMS delivery) and providers of AI services for the optional AI features (text processing, translation, image and video generation). Where data is transferred to third countries outside the EU/EEA, this takes place on the basis of the EU standard contractual clauses or an adequacy decision of the EU Commission. The customer hereby grants general authorisation for the use of these sub-processors; any change will be announced in advance with reasonable notice and the customer may object for good cause.

Guest data is stored for the duration of the contract and beyond that only for as long as statutory retention obligations require (§ 147 AO, § 257 HGB: generally up to ten years for billing-relevant data). The customer may at any time request information about the current technical and organisational measures and about the sub-processors used.

§ 8 Taxes

The customer is solely responsible for the proper tax treatment of revenue generated via the platform (in particular VAT and record-keeping obligations). Orderbon does not act as the seller of the food and beverages.

§ 8a Cash payment on pickup; KassenSichV / TSE

Orderbon is an ordering platform and not a cash register. Online payments processed via the platform (card / Stripe) are automatically settled by Orderbon; the customer receives an invoice with VAT details for these.

If "cash payment on pickup" is offered as a payment method, Orderbon records these orders solely as order information. Orderbon does not book cash payments as revenue, does not show VAT for them and does not create a cash receipt within the meaning of the German Cash Register Security Ordinance (KassenSichV).

The customer is solely responsible for recording the cash intake in their own cash register (electronic register with a certified Technical Security Device (TSE) or an open cash drawer with a handwritten cash report). The TSE obligation lies exclusively with the customer. The separate recording avoids double VAT.

In the evaluations and exports (analytics, DATEV, CSV, PDF reports) the cash intake is only shown as information and is not included in Orderbon's revenue or VAT statistics.

§ 9 Suspension in case of abuse

Orderbon is entitled to temporarily suspend the customer's access or to terminate the contract extraordinarily if there are concrete indications of abuse - in particular identity misappropriation (setting up someone else's business), infringement of third-party rights in imported content or unlawful content. Affected third parties can report violations to the contact address stated in the legal notice.

§ 10 Availability

We strive for high platform availability but cannot guarantee uninterrupted availability (e.g. during maintenance or force majeure).

§ 11 Liability

We are liable without limitation for intent and gross negligence. In cases of simple negligence, we are only liable for breaches of essential contractual obligations and limited to the foreseeable damage typical for the contract.

§ 12 End of contract; data

After contract end, the customer may within 30 days request the release of their data (menu, order history, customer data) in a common format. Thereafter the data is deleted, unless statutory retention obligations require otherwise.

§ 12a Amendments to these terms

Orderbon may amend these terms insofar as this is necessary to adapt to changes in the law, case law, technical developments or an extended scope of services, and provided the customer is not unreasonably disadvantaged thereby.

Amendments will be communicated to the customer at least six weeks before they take effect by email and in the customer area. If the customer does not object in text form before the amendments take effect, they are deemed accepted; this consequence is expressly pointed out in the notice. In the event of an objection, either party may terminate the contract effective as of the date the amendment takes effect.

§ 13 Final provisions

German law applies. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.