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Contract terms

General Terms and Conditions

As of: February 2026

1. Scope

These General Terms and Conditions apply to the use of the MenuOwl platform, operated by Webagentur Hochmeir e.U., Moorweg 7, 4845 Rutzenmoos, Austria (hereinafter referred to as "Operator"). MenuOwl is a SaaS platform for creating and managing digital restaurant menus. By registering, you accept these terms.

2. Service description

The operator provides a cloud-based platform for creating and managing digital menus (MenuOwl). The range of features depends on the selected subscription plan (Basic, Pro, Business). Detailed information about the included features can be found on the Pricing page.

The operator is entitled to expand or adjust the functionality of the platform. Significant restrictions to existing features will be communicated with reasonable advance notice.

3. Contract conclusion and trial period

The contract is established through registration and confirmation of the email address. Every new account receives a 14-day free trial with full functionality of the selected plan — no credit card required.

After the trial period ends, access is automatically deactivated unless a paid subscription has been activated. Data remains available for another 30 days after expiration and can be exported during this period.

4. Pricing and payment

Current prices are available on the Pricing page available. All prices are exclusive of statutory VAT.

Payment is made by credit card (Visa, Mastercard) or SEPA direct debit through our payment service provider Stripe. The first charge occurs immediately after activation of the paid subscription. For monthly billing, the amount is charged monthly; for annual billing, it is charged annually.

In case of a failed payment, the user receives a notification. After 3 failed attempts, access is temporarily suspended.

5. Cancellation and data deletion

Subscriptions can be cancelled at any time at the end of the current billing period — monthly at the end of each month, annually at the end of the year.

Data export 30 Days after cancellation
Permanent deletion Irrevocable after 30 days
Billing data 7 years (legal retention period)

6. Usage rights and user content

The user receives a non-exclusive, non-transferable right to use the platform for the duration of the subscription.

Content entered by the user into the platform (menus, dishes, images, texts) remains the property of the user. The operator receives the right to process and store this content for the purpose of providing the service. The user warrants that they hold all necessary rights to the uploaded content (particularly copyrights for images).

7. Privacy and data processing

The processing of personal data is carried out in accordance with our Privacy Policy and in accordance with the GDPR. Insofar as the user processes personal data of their guests or customers within the platform, the operator acts as a data processor pursuant to Art. 28 GDPR. Upon request, we provide a data processing agreement (DPA).

8. Availability

99,5%

target availability on an annual basis

Planned maintenance will be announced at least 48 hours in advance whenever possible and performed outside peak usage times. We have no control over unforeseen outages; however, we strive to resolve them as quickly as possible.

9. Usage obligations

The user agrees to:

Die Plattform ausschließlich für den vorgesehenen Zweck (digitale Speisekarten) zu nutzen

Zugangsdaten vertraulich zu behandeln und nicht an unbefugte Dritte weiterzugeben

Keine rechtswidrigen Inhalte, keine Inhalte Dritter ohne Genehmigung und keine irreführenden Informationen einzustellen

Geltende Datenschutzbestimmungen einzuhalten, insbesondere bei der Verarbeitung von Gästedaten

Die Plattform nicht für automatisierte Massenabfragen oder zur Überlastung der Server zu nutzen

Keine Reverse-Engineering-Versuche an der Software vorzunehmen

10. Operator liability

The operator's liability is limited to intent and gross negligence. No liability is assumed for damages arising from slight negligence, indirect damages, lost profits, or data loss that are not attributable to intent or gross negligence.

Liability is limited in amount to the annual value of the subscription. This limitation of liability does not apply to damages resulting from injury to life, body, or health, or damages caused by the operator's data protection violations.

11. User liability

The user is liable for all damages arising from misuse of the platform, prohibited content, or violation of these Terms & Conditions. The user indemnifies the operator against third-party claims based on unlawful conduct by the user.

12. Intellectual property

All rights to the software, design, logos, and content of the MenuOwl platform remain with the operator or its licensors. The user does not receive any right to copy, modify, or use these for their own purposes outside the platform.

13. Changes to Terms & Conditions

The operator reserves the right to modify these Terms & Conditions with reasonable advance notice (at least 30 Days) to modify. Users will be notified by email of significant changes. If the user does not object to the modified Terms & Conditions within 30 days of notification, the new Terms & Conditions are deemed accepted.

14. Special right of cancellation

In the event of a significant change to the Terms & Conditions to the detriment of the user, the user has the right to cancel the subscription without notice. In this case, the proportional remaining amount will be refunded.

15. Applicable law and jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes with entrepreneurs is Wels, Austria. For consumers, the mandatory provisions of the Consumer Protection Act (KSchG) apply, particularly regarding jurisdiction.

16. Severability clause

Should individual provisions of these Terms & Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a regulation that comes closest to the economic purpose of the invalid provision shall apply.

17. Contact

Webagentur Hochmeir e.U.

Jonathan Hochmeir
Moorweg 7, 4845 Rutzenmoos, Austria
E-Mail: hello@menuowl.net