Hardware Rental Terms and Conditions for menio GmbH
General Terms and Conditions (GTC)
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General Terms and Conditions (GTC)
§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (hereinafter: “GTC”) apply to all contracts between menio GmbH (hereinafter: “menio”) and the customer regarding the use of the web- and app-based catering management platform.
(2) These GTC apply exclusively to businesses as defined in § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
(3) menio does not recognize any conflicting or deviating terms and conditions of the customer unless menio expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract and Trial Period
(1) The presentation of services in the dashboard does not constitute a binding offer, but rather an invitation to the customer to submit an offer.
(2) The customer may register for a free trial period. By confirming the registration, the customer submits an offer to enter into a time-limited usage agreement for trial purposes. Menio accepts this offer by activating the account.
(3) Upon expiration of the trial period, the user agreement automatically terminates. A transition to a paid subscription occurs only if the customer actively purchases a paid license via the dashboard. The purchase process constitutes a binding offer by the customer, which Menio accepts by activating the licenses.
§ 3 Scope of Services and Third-Party Systems
(1) Menio provides the software as Software-as-a-Service (SaaS) via the Internet. The scope of services is based on the version subscribed to by the customer, as described in the dashboard or the associated knowledge base at the time of subscription.
(2) To the extent that Menio offers interfaces to third-party systems (“Partner Integrations”), these are considered third-party services. Menio assumes no liability for the functionality or availability of these third-party systems. The customer is solely responsible for complying with the terms of use of the respective third-party provider.
§ 4 Availability and Troubleshooting
(1) Menio aims for an annual average availability of 99.5% for its SaaS services.
(2) This excludes reductions in availability due to scheduled maintenance or circumstances beyond Menio’s control (e.g., third-party Internet outages, force majeure).
(3) The customer must report disruptions immediately in writing. In the event of a total outage, Menio will begin troubleshooting within 4 hours during support hours.
§ 5 Compensation and Payment Terms
(1) The prices listed in the offer apply, plus applicable sales tax.
(2) Billing is on a monthly, prepaid basis. Payment is due within 14 days, strictly net, following issuance of the invoice.
(3) In the event of late payment, menio is entitled to block access to the software after a reminder has gone unanswered and a reasonable grace period has elapsed. The customer’s payment obligation remains unaffected by this.
(4) Menio is entitled to adjust the monthly prices annually to a reasonable extent to offset cost increases (e.g., personnel, hosting infrastructure).
§ 6 Liability
(1) Menio bears unlimited liability in cases of willful misconduct and gross negligence, as well as for damages resulting from injury to life, body, or health.
(2) In cases of slight negligence, Menio is liable only for breaches of material contractual obligations (cardinal obligations). In such cases, liability is limited to the damages typically foreseeable at the time the contract was concluded.
(3) Strict liability for initial defects is excluded.
(4) The limitations of liability also apply in favor of menio’s employees and vicarious agents.
§ 7 Term and Termination
(1) The paid subscription agreement is for an indefinite term and may be terminated by either party with 12 months’ notice effective at the end of a billing month.
(2) The right to terminate the agreement for cause remains unaffected.
(3) Notices of termination must be in writing.
§ 8 Data Protection
(1) The parties agree to comply with applicable data protection laws.
(2) To the extent that menio processes personal data on behalf of the customer, the parties shall enter into a separate data processing agreement (DPA).
§ 9 Customer’s Obligations to Cooperate
(1) The customer is responsible for providing the necessary technical requirements (in particular, up-to-date browsers and a stable Internet connection) as well as for IT security within its organization.
(2) The customer agrees to keep access credentials confidential and to protect them against unauthorized access by third parties. The customer shall ensure that its employees use the software only in accordance with the terms of the contract.
(3) The customer is solely responsible for the legal admissibility of the data and content entered into the software. The customer indemnifies menio against all claims by third parties arising from the customer’s unlawful use of the software.
§ 10 Rights of Use
(1) Menio grants the Customer a non-exclusive, non-transferable right to use the SaaS software, limited to the term of the contract.
(2) The customer may not reproduce, reverse engineer, decompile, or disassemble the software, unless such actions are expressly permitted by law.
(3) All intellectual property rights in the software remain with menio.
§ 11 Changes to Services and Terms and Conditions
(1) Menio reserves the right to modify the SaaS services if such modifications are necessary for technical reasons, to improve security, or to adapt to changes in the legal landscape.
(2) Changes to the Terms and Conditions will be communicated to the customer in writing no later than four weeks before they take effect. If the customer does not object within two weeks of receiving the notice, the change shall be deemed approved. In the notice, Menio shall specifically inform the customer of this deadline and the legal consequences of failing to object.
(3) In the event of material changes that restrict the principal contractual obligations, the customer has a special right of termination.
§ 12 Confidentiality
(1) Both parties agree to keep confidential all information provided by the other party that is designated as confidential or that, under the circumstances, should be treated as confidential.
(2) This obligation shall remain in effect for the term of the contract and for two years following its termination.
(3) Excluded from this obligation is information that is generally known without this being due to a breach of contract, or information that must be disclosed pursuant to a statutory or regulatory requirement.
§ 13 Final Provisions
(1) Amendments and additions to this Agreement must be in writing to be effective.
(2) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) The place of performance and exclusive venue for all disputes is menio’s registered office in Hanover, provided that the customer is a merchant.
(4) Should any provision of this contract be invalid, the validity of the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with one that most closely approximates the economic purpose of the invalid provision.
Hardware Rental Terms and Conditions for menio GmbH
§ 1 Scope of Application, Conclusion of the Contract
(1) These Rental Terms and Conditions apply to the rental of point-of-sale systems, IT components, and accessories (hereinafter “Equipment”) by menio GmbH (hereinafter “menio”) to business owners (hereinafter “Customer”). They are available at https://menio.com/agb/ and become part of the contract upon acceptance of the offer.
(2) Menio’s offer includes the equipment and the number of units, the location, the rental price, and the start date of the rental. The rental agreement is concluded when the customer accepts the offer in writing.
(3) Any conflicting or supplementary terms and conditions of the customer shall not apply, even if menio does not expressly object to them. Individual agreements, particularly those contained in the offer, shall take precedence over these rental terms and conditions.
(4) These rental terms and conditions govern only the rental of the equipment. Software and SaaS services provided by menio are agreed upon separately and listed separately.
§ 2 Delivery, Start of Rental, Equipment Identification
(1) The rental start date specified in the quote (hereinafter “quote date”) is the date on which menio delivers the equipment to the location specified in the quote. The scope of delivery and installation is set forth in the quote.
(2) The customer may postpone the start of the lease by up to three (3) months after the offer date by providing written notice. The notice must be received by menio no later than 14 days before the offer date. The effective start of the lease is the offer date or, if postponed, the postponed date.
(3) If the customer prevents delivery by the applicable start of the rental period—for example, by refusing to accept the equipment or by failing to facilitate delivery—the rental period shall begin no later than three (3) months after the date of the offer, and menio shall issue an invoice. This is subject to menio offering delivery at that time. Any further legal claims by menio remain unaffected.
(4) If menio fails to deliver the equipment within three (3) months of the applicable start of the rental period, the customer may withdraw from the contract with respect to the undelivered equipment by providing written notice. The right to withdraw does not apply if the failure to deliver is due to reasons for which the customer is responsible, in particular in the cases described in paragraph 3.
(5) The equipment identification number (e.g., serial number) is listed on the delivery slip. Menio maintains a clear record of the rental start date and the earliest end date for each piece of equipment and provides this information to the customer in writing upon request.
§ 3 Lease Term and Termination
(1) The rental of the equipment is for an indefinite term. A minimum rental period of eighteen (18) months applies to each piece of equipment, beginning on the respective rental start date. No new minimum rental period begins upon the expiration of the minimum rental period.
(2) Either party may terminate the contract by giving three (3) months’ notice effective at the end of a quarter (March 31, June 30, September 30, December 31), beginning with the end of the quarter in which the minimum lease term for the equipment in question expires. Notice of termination may be given even during the minimum rental period; in such cases, it takes effect as of the earliest permissible end of a quarter.
(3) Termination may apply to the entire contract or to individual devices. If individual devices are terminated, they must be identified by their device ID; if no such identification is provided, the termination applies to the entire contract.
(4) If the customer is a caterer and there is verifiable evidence that an establishment where the equipment is used has closed, or if the customer loses the contract, the customer may terminate the lease of the equipment for that establishment—even during the minimum lease term—with 14 days’ notice, effective as of a date specified by the customer. The customer must provide menio with written proof of the closure upon giving notice of termination [e.g., by submitting a business deregistration form or a confirmation from the client].
(5) Notice of termination must be in writing.
§ 4 Prices and Payment Terms
(1) Rental rates and payment terms are set forth in the offer. All prices are net prices, plus applicable sales tax.
(2) Unless otherwise specified in the offer, menio will bill the rental fee retroactively on a monthly basis; for partial months, billing will be calculated to the exact day. The invoice is due for payment in full within 14 days of receipt. If the customer purchases software licenses from menio, the rental fee will be included in this invoice, and the payment terms agreed upon herein shall apply accordingly.
§ 5 Use, Location, and Customer Obligations
(1) The customer shall use the equipment in accordance with its intended purpose and with due care, and shall use it at the location specified in the offer. Relocation to another location is permitted only with menio’s prior written consent.
(2) The equipment remains the property of menio. The customer may not sublease it or allow third parties to use it, may not modify it or have it repaired by third parties, and may not remove any markings. The customer must immediately notify menio of any third-party access to the equipment, such as through seizure.
(3) The customer shall immediately report any defects, damage, or loss of devices to menio in writing, specifying the device ID. The customer is liable in accordance with statutory provisions for damage for which the customer is responsible and for the loss of devices.
(4) The customer is obligated to obtain insurance for the equipment only if this has been specifically agreed upon.
§ 6 Defects, Replacement of Defective Items, and Service
(1) Menio provides the customer with the equipment in a condition suitable for its contractual use. The customer’s statutory rights in the event of defects remain unaffected.
(2) If a device becomes defective for reasons beyond the customer’s control, menio will replace it by delivering a replacement device with the same functionality within three days. menio will cover the costs of round-trip shipping—that is, the delivery of the replacement device and the return of the defective device. The customer must return the defective device immediately upon receipt of the replacement device.
(3) menio will deliver the replacement hardware for use with menio software applications—such as the POS system, kitchen monitor, or signage systems—in a “ready-to-use” condition, so that it is operational as soon as the user logs in.
(3) The replacement unit takes the place of the unit that was exchanged. The start date of the rental, the minimum rental period, and the price remain unchanged; the unit identification number of the replacement unit is listed on the delivery slip.
(4) If the customer is responsible for a defect, the customer shall bear the costs of repair or replacement, as well as the shipping costs.
(5) Additional on-site services, such as installation, replacement, or on-site training, are not included in the rental price. These services are provided only upon separate request and for a separate fee; prices, including travel expenses, are agreed upon in advance. The rectification of defects required by law remains free of charge for the customer.
§ 7 Return at the End of the Contract
(1) Upon termination of the rental of a device, the customer shall return it in its entirety, along with all provided accessories, in a condition consistent with its intended use as specified in the contract. The devices must be returned to the address provided by menio no later than one week after the end of the rental period and must be securely packaged for transport.
(2) The costs of the scheduled return upon termination of the contract shall be borne by the party terminating the contract. If menio terminates the contract for good cause attributable to the customer, the customer shall bear the costs.
(3) If the customer fails to return a device on time, menio is entitled to the legal remedies available, in particular compensation for use pursuant to § 546a of the German Civil Code (BGB).
§ 8 Liability
(1) menio bears unlimited liability in cases of willful misconduct and gross negligence, in cases of injury to life, body, or health, under the Product Liability Act, and to the extent of any warranty it has assumed.
(2) In cases of simple negligence, menio shall be liable only for a breach of a material contractual obligation—that is, an obligation whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the customer may reasonably rely. In such cases, liability is limited to foreseeable damages typical for this type of contract.
(3) Strict liability under Section 536a(1), Alternative 1, of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded. The customer’s rights to remedy of defects and reduction in price remain unaffected.
(4) Liability for data loss is limited to the costs that would have been incurred to restore the data if the customer had performed regular backups appropriate to the risk.
§ 9 Data Protection and Data Deletion
(1) Customer data may be stored on the devices. The customer is responsible for backing up their data before returning or exchanging a device.
(2) Menio securely deletes the data on returned or replaced devices using state-of-the-art methods before the devices are reused or transferred to a third party.
(3) If menio processes personal data on behalf of the customer in connection with the maintenance, replacement, or return of the devices, the parties shall enter into a data processing agreement pursuant to Article 28 of the GDPR or amend an existing agreement accordingly. In all other respects, menio’s privacy policy applies.
§ 10 Final Provisions
(1) The terms and conditions agreed upon separately apply to menio’s software and SaaS services. These rental terms and conditions take precedence with regard to the rental of equipment.
(2) German law applies. To the extent permitted by law, the exclusive venue for legal proceedings is menio’s place of business.
As of October 29, 2026