Terms of Service

Section 1 Scope of Application

(1) These Terms of Service apply to all contracts between the Provider and the Customer for the use of the BISpicy software and cloud services (hereinafter collectively "Software"). These include in particular the POS app BISpicy POS, the inventory management system BIS ERP, the customer center ("Kundencenter"), TSE and RKSV POS licenses, the packages BIS Free, BIS Basic, BIS Premium and BIS Pro, and add-on modules. Details are set out in Section 2.

(2) Provider:
BISpicy - Bernhard Binder, Untergath 53, 47805 Krefeld, Germany
Owner: Bernhard Binder
Email: support@bispicy.com

(3) Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract.

(4) No contracts with consumers (B2B): The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), at associations and other legal entities under private law, insofar as they are not acting as consumers, and at legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded as contracting parties. By concluding the contract, the Customer confirms that it is not acting as a consumer. A consumer right of withdrawal for distance contracts (§§ 312g, 355 BGB) and a withdrawal function under Art. 246a § 1 EGBGB / Directive (EU) 2023/2673 therefore do not exist.

Section 2 Subject Matter of the Contract

(1) The subject matter of the contract is the provision of the Software for use for the duration of the contract. The scope of services in detail depends on the package, plan and add-on modules selected at the time of booking, in accordance with the service description valid at that time.

(2) Depending on the package, plan and add-on module, the Software includes in particular:

• BISpicy POS: POS app for Android devices, including connected waiter and kitchen display devices
• TSE and RKSV POS licenses: connection of the POS system to a cloud-based technical security device (cloud TSE) under the German Cash Register Security Ordinance (KassenSichV) or to a signature device under the Austrian Cash Register Security Regulation (RKSV), each provided via the service provider fiskaly
• BIS ERP (inventory management): article, order and warehouse management, shipping integration (DHL, DPD, GLS, Hermes, UPS), accounting and invoicing, multi-channel integration, browser-based POS client (WebPOS) and, optionally, connection to an existing JTL-Wawi
• Customer center: booking and management of licenses, employees, devices and POS settings
• Cloud services: data backup and synchronization between the POS system and BIS ERP, user sign-in, license validation, print service (BISPrint) and updates
• Packages and add-on modules: BIS Free (free of charge), BIS Basic, BIS Premium and BIS Pro, as well as individually bookable add-on modules

(3) Further development: BIS ERP is in the beta phase. The Provider continuously develops the Software further; the essential functions of the selected package or plan promised at the time of booking are retained. The version history is available on the version history page (in German).

Section 3 Contract Conclusion and Term

(1) The contract is concluded when the Customer completes a booking with an obligation to pay in the customer center. If a free trial period is stated in the order, the obligation to pay begins when the trial period ends; if the Customer terminates during the trial period, the contract ends at the end of the trial period at no cost. For services provided free of charge (in particular the BIS Free package), the contract is concluded upon completion of registration.

(2) The contract term depends on the selected billing period, unless paragraph 3 provides otherwise:

• Monthly billing: 1 month, automatic renewal for 1 month at a time
• Annual billing: 12 months, automatic renewal for 12 months at a time

(3) Minimum contract term: The following plans and packages are subject to a minimum contract term of 12 months:

• TSE POS license "Monthly" ("Monatlich", EUR 25 per month) and "Annual" ("Jährlich", EUR 264 per year)
• RKSV POS license "Monthly" ("Monatlich", EUR 25 per month) and "Annual" ("Jährlich", EUR 264 per year)
• BIS Premium (EUR 49.90 per month or EUR 499 per year)
• BIS Pro (EUR 99.90 per month or EUR 999 per year)

The minimum contract term begins upon booking. For BIS Premium and BIS Pro, it applies to both payment intervals and begins at the end of the 14-day trial period; if no trial period is granted, it begins upon booking. If the Customer switches from a plan without a minimum contract term (e.g. "Flexible" ("Flexibel")) to BIS Premium or BIS Pro, a new minimum contract term of 12 months begins upon the switch. The "Flexible" ("Flexibel") plan (EUR 30 per month plus a setup fee of EUR 120, which is charged again for each new subscription) and add-on modules have no minimum contract term. All prices stated are net plus VAT (Section 5 paragraph 1). Details of termination are set out in Section 8.

Section 4 Usage Rights

(1) The Provider grants the Customer a non-exclusive, non-transferable right to use the Software for the duration of the contractual relationship.

(2) The following is prohibited:

• Sharing access credentials with third parties
• Rental, lending, or other transfer to third parties
• Reverse engineering, decompilation, or disassembly
• Use for unlawful purposes

Section 5 Prices and Payment Terms

(1) The prices indicated on the website or in the customer center at the time of order apply. All prices are net plus the applicable statutory VAT. Current prices and available subscription plans can be found on the pricing page.

(2) The Provider offers various license and subscription models that may differ in functionality, number of users, and included services. The Provider reserves the right to modify, expand, or restrict the range of license models at any time. Existing contracts remain unaffected by such changes.

(3) Price changes will be communicated to the Customer by email at least 30 days before taking effect. In such cases, the Customer has a special right of termination effective at the time the price change takes effect.

(4) Payment is made by credit or debit card or SEPA direct debit via the payment service provider Stripe. Fixed charges are billed monthly or annually in advance, depending on the selected payment interval. Usage-based charges (for example for waiter connections or additional users) are billed in arrears at the end of the respective billing period on the basis of the usage recorded in that billing period (e.g. days of use), according to the tiers and cap stated at the time of order, including for the last period after the end of the contract. Available payment methods may vary depending on the license model.

Section 6 Availability

(1) The Provider strives for an availability of 99.9%.

(2) Planned maintenance work will be announced at least 48 hours in advance.

Section 7 Data Protection and Data Processing on Behalf

(1) The Provider processes personal data in accordance with the Privacy Policy.

(2) Data location: The Customer's data, including cloud backups, is stored in data centers in the EU (Frankfurt am Main).

(3) Data processing on behalf (Art. 28 GDPR): Insofar as the Customer uses the Software to process personal data, the Customer is the controller within the meaning of the GDPR and the Provider acts as processor. The data processing agreement (AVV) automatically becomes part of the contract upon its conclusion.

(4) Transfer of data to third parties:

• Shipping service providers (DHL, DPD, GLS, UPS, Hermes): To fulfill shipping orders, recipient address data is transmitted to the respective shipping service provider. This is done on the Customer's instructions for the performance of the contract (Art. 6(1)(b) GDPR).
• Payment service provider (Stripe): To process payments, the necessary data is transmitted to Stripe.
• Signature service (fiskaly): To secure POS transactions under the KassenSichV or RKSV, the transaction data required for this purpose is transmitted to fiskaly GmbH.
• Hosting provider (DigitalOcean): Storage and processing take place on servers in the EU.

Section 8 Termination

(1) Ordinary termination by the Customer:

• The Customer may terminate at any time without observing a notice period. Termination takes effect at the end of the current billing period.
• For plans and packages with a minimum contract term (Section 3 paragraph 3), termination takes effect no earlier than the end of the minimum contract term. Thereafter, it takes effect at the end of the current billing month for monthly payment and at the end of the current annual period for annual payment; if not terminated, an annually paid contract renews for a further 12 months each time. The "Flexible" ("Flexibel") plan and add-on modules have no minimum contract term and may be terminated at the end of the current billing period.
• If the Customer terminates during a free trial period, the contract ends at the end of the trial period at no cost (Section 3 paragraph 1); in this case, no minimum contract term begins.
• Termination is made via the customer center or by email.

(2) Ordinary termination by the Provider: The Provider may terminate the contract with three months' notice to the end of a billing period; for contracts with a minimum contract term, no earlier than the end of the minimum contract term. Charges paid in advance for periods after the termination takes effect will be refunded pro rata. The Customer may export its POS and TSE data (in particular DSFinV-K and TSE exports) until at least 30 days after the end of the contract.

(3) Termination for good cause: The right of both parties to terminate for good cause (§ 314 BGB) remains unaffected. Good cause for the Provider exists in particular if the Customer breaches material contractual obligations despite a warning or is in default with more than two monthly charges.

(4) Data retention after the end of the contract: After the end of the contract, the Provider makes the Customer's data available for export for 30 days. Thereafter, the data is deleted unless there is a legal obligation to store it further. The Customer's statutory retention obligations (in particular under § 147 of the German Fiscal Code, AO) remain unaffected; the Customer is responsible for exporting and retaining its data in good time. Notwithstanding this, the Provider does not automatically delete files that the Customer has stored in the "Legacy data from previous system" archive; the details are governed by Section 8 (3) or clause 5.5, respectively, of the Data Processing Agreement.

Section 9 Liability

(1) The Provider has unlimited liability for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (ProdHaftG) and to the extent of any guarantee assumed.

(2) In the event of simple negligence, the Provider is only liable for the breach of material contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely), limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability is excluded.

(4) The statutory and tax obligations of the Customer as operator of a POS system (in particular the notification under § 146a(4) AO, issuing receipts and retention) remain with the Customer.

Section 10 Final Provisions

(1) Applicable law: German law applies.

(2) Place of jurisdiction: Krefeld, Germany

(3) Severability clause: Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.