Terms and Conditions (T&C) | menio GmbH
§ 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.
As of July 9, 2026