Terms and conditions
Note: This is a convenience translation. Only the German version is legally binding.
eCaupo is internet software (software-as-a-service, “SaaS”) by Platform7 mediadesign, Samuel Schmidt (hereinafter “Platform7”), which enables customers to receive food orders via the internet (“online”) and by telephone.
§ 1 Scope
These general terms and conditions (hereinafter “GTC”) apply to all contracts concluded from 01/01/2022 between the customer and Platform7 concerning the setup and use of an eCaupo online shop (hereinafter “eCaupo”).
§ 2 Contracting parties
The provider is Platform7 mediadesign, Samuel Schmidt, Im Grund 8, 35043 Marburg.
Customers may only be entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
Minors and other persons with limited legal capacity cannot become contracting parties.
§ 3 Subject matter of the contract
1. eCaupo is an online service on a rental basis in a 3-month cycle that enables customers to operate an internet shop for receiving food and drink orders. This rental service is based on a fixed monthly fee and does not depend on the number of incoming orders (“commission-based remuneration”).
The fee depends on the booked plan, which plans differ in their scope of features.
2. The services comprise in detail:
Registration, evaluation and permanent use
During the registration process, the hosting URL (usually https://unternehmung.ecaupo.com, where “Unternehmung” serves as a placeholder for the actual customer), the customer's email address, the name of the business and confirmation of these GTC and the privacy notice are requested. Further requested data are first name, surname, company address and bank details for the purpose of a SEPA mandate on a monthly billing basis for the use of the service. Optionally, the customer has the possibility to redirect an existing top-level domain to https://unternehmung.ecaupo.com or to hand over the domain via a transfer process (limited to .de, .com, .net addresses). The monthly base price does not increase as a result.
Configuration and individual configuration
The setup is carried out by Platform7, preconfigured with the information “name of the business (usually the name of the restaurant)” as well as some sample items which can be removed by the customer. Optionally, further information can be set up if the customer sends a menu or a restaurant flyer with details of opening hours, delivery fees and offered dishes by email. The customer can adapt a large part of these preconfigurations individually to their wishes via an administrative user interface and thereby change the behaviour of eCaupo. Platform7 is not liable for an unsuitable or incorrect configuration of eCaupo. This also applies to item prices and offered dishes that were entered once by Platform7 during setup. The customer is obliged to check and test eCaupo before commissioning or publication and to report or independently correct any misbehaviour.
Operation
Platform7 works with partners who ensure the operation of the infrastructure (essentially web servers). Platform7 hosts eCaupo for its customers on this infrastructure, so the customer does not have to take care of deployment on the web servers. However, Platform7 cannot guarantee reachability all the way to the customer, as this depends, for example, on the customer's local internet connections. See also § 10 Availability.
eCaupo is operated in Germany and the European Union. Platform7's web servers are currently located in Strasbourg; however, Platform7 reserves the right to change this location within the EU member states at any time.
The storage space and the maximum number of email receiving addresses when using eCaupo under your own top-level domain for hosting is limited and varies depending on the booked plan.
Security
Platform7 secures eCaupo by various means. These include SSL encryption of essential connections as well as encryption of passwords in the eCaupo databases. Access to the administrative interface (viewing orders, staff management and configuration options) of eCaupo is only possible via access accounts installed by the customer or via a support account that Platform7 set up once during installation. This support account can technically be removed or blocked by customers, which however affects the provision of services and support by Platform7. Platform7 requests the customer to subsequently change the initial password assigned during installation.
Support
The customer receives access to the eCaupo customer portal, reachable via the customer's own Shop Manager. The access is intended exclusively for the customer. Platform7 provides various help resources and guides as text or video here.
§ 4 Conclusion of contract
By completing and submitting the eCaupo contract document, the customer applies for the conclusion of a contract with Platform7.
With this contract document, the customer chooses a service package, which they can extend with paid and free additional services during the contract term. The customer also names a future internet address (domain) under which the service will be operated. In the section “Direct debit authorisation SEPA core direct debit mandate”, the customer provides their bank details for the collection of the fees due for this service. The first debit takes place after the four-week trial phase and is carried out monthly at the beginning of the month.
Platform7 is entitled to review the application for a period of two weeks. If acceptance of the application is not refused within two weeks of the registration form being sent, the application is deemed accepted and a four-week trial phase begins, in which Platform7 provides a demo system under a provisional internet address. Within this four-week trial phase, the customer can try out the essential functions of the booked base plan, subject to a limited scope of services. If the customer decides against continued use (by communicating this to Platform7 in text form via email to support@ecaupo.com or by letter), the contract is automatically dissolved and the customer's data is deleted by Platform7 within four further weeks. This data is irrevocably lost to the customer. Under certain conditions the trial phase can be extended; however, this requires express approval by Platform7. There is no entitlement to an extension.
Outside the regular billing cycle, the customer can book further services and plan options. Unless stated otherwise, these are to be paid once and can be used for the duration in which eCaupo is used or the original contract for the use of eCaupo exists.
§ 5 General duties and obligations of the customer
1. The data requested during registration with eCaupo must be provided completely and correctly and updated regularly.
2. The customer must ensure that they can be reached via the email address they have provided. Correspondence concerning the contract between Platform7 and the seller is generally handled via email.
3. The customer is liable for all content and information they have entered into eCaupo. They undertake to test eCaupo and its content thoroughly before deciding on permanent use.
4. The seller is responsible for the lawfulness of their eCaupo online system and must comply with all applicable laws. In particular, the customer undertakes not to make available any content of an extremist (in particular right-wing extremist) or pornographic nature.
5. The customer is responsible for all transactions carried out via their eCaupo online system.
6. The operation of eCaupo is permitted exclusively to the registered customer themselves. Transferring eCaupo to third parties is not permitted.
§ 6 Special duties and granting of rights by the customer
1. As part of the use of eCaupo, the customer has the possibility to provide various content, such as texts, photos and graphics, as well as signs or trademarks. This content may be legally protected. The customer bears the responsibility for having the necessary usage rights to this content and being allowed to provide it on eCaupo.
2. The customer indemnifies Platform7 against all claims that third parties assert against Platform7 due to an infringement of their rights by the content provided by the customer. The customer compensates Platform7 for any damage arising from infringement of rights.
3. Platform7 carries out data backups to maintain operations. However, this data backup does not serve to restore individual elements as part of a customer service request. The customer is responsible for backing up their own data and information. Platform7 provides the customer within eCaupo with the possibility to export essential data and content from the individual application areas (items and item information as well as order information and orderer information). The customer undertakes to check whether these export functionalities are sufficient for them or whether they take other measures to back up data and content from eCaupo.
Platform7 advises the customer at this point to carry out regular backups and generally to copy all information locally. Legal requirements may in individual cases mean that content must be kept on paper in addition to digital form. The customer undertakes to check independently, e.g. with their tax advisor, which information they must additionally keep in paper form. Furthermore, the customer is informed that eCaupo does not replace a standard POS system under current legislation. The customer must check to what extent they transmit tax-relevant data such as order information from eCaupo to such a POS system.
§ 7 Term and termination of the contract
1. The contract has a term of three months and is automatically extended by a further three months if no termination has been received by Platform7 up to four weeks before the end of the contract. A termination requires text form (letter or email) addressed to Platform7 mediadesign, attn. Samuel Schmidt, Im Grund 8, 35043 Marburg, or to the email address support@ecaupo.com. A refund for the contract term is not possible; this also applies to additional booked options that were purchased once for the entire contract term.
The contract conditions are listed on our websites at http://www.ecaupo.com/Preise.html.
2. The right to termination without notice for good cause remains unaffected. Good cause exists in particular if Platform7 ceases its activities;
if the customer violates their obligations under § 5 or § 6 of these GTC;
if there is a fundamental change in legal and technical standards that makes it unreasonable for Platform7 to continue providing the services;
upon the opening of insolvency proceedings over the assets of a contracting party.
3. Upon termination, all usage rights to the software granted by Platform7, if any, expire.
4. At the end of the contract, the seller's data is deleted by Platform7 on its servers, provided it is no longer required for the performance of the contract.
§ 8 Blocking of the account
Platform7 is entitled to block all access to eCaupo for customers who violate their obligations under § 5 or § 6 of these GTC and to take eCaupo offline for guests and orderers. This blocking also takes place if the debiting of fees under § 10 of these GTC fails, a chargeback of these fees occurs, or false information has been provided, in particular regarding personal data and bank details or credit card details. The blocking is carried out by making the eCaupo online system or online shop unreachable by technical means.
§ 9 Costs and fees
1. Registration and setup as well as the operation of eCaupo are offered via service packages (plans). By choosing one of these service packages, costs are incurred that are paid to Platform7 in advance in a monthly cycle. The exact scope of services of the individual offers can be found at http://www.ecaupo.com/Preise.html.
2. Furthermore, the customer can optionally book additional services that are billed once, unless stated otherwise. The contractual details for the additional offers result from their service description displayed to the customer in the Marketplace. The Marketplace is the place where the customer can book such additional services. The Marketplace is accessible from the customer's internal administration interface (“eCaupo Manager”).
3. Individual plans
Deviating from the plans stated in the price list, individual plans can be agreed with Platform7.
4. Debiting of fees
The payment of the fees under §9 takes place exclusively by direct debit. The customer authorises Platform7 to collect accrued fees via their specified SEPA direct debit mandate. In the event of unsuccessful debits and chargebacks (e.g. returned direct debits) for which the customer is responsible, Platform7 reserves the right to block access to eCaupo and to charge a processing fee per unsuccessful debit or chargeback. In the event of revocation or chargeback by the customer, or in the event of a failed debit (e.g. due to insufficient account funds or incorrect bank details), Platform7 is entitled to invoice the customer for the fees of the remaining contract term in full and immediately.
For the advance notifications of SEPA core direct debits, a shortened period of one calendar day applies. The customer is obliged to maintain the authorisation for debiting (by SEPA direct debit) vis-à-vis Platform7 for the entire contract term.
5. Invoicing
Invoicing takes place in PDF format and is sent automatically by email to the email address provided by the customer (see §5 para. 2). Postal delivery of the invoice is only possible on request and against a processing fee per invoice.
6. Reminder fees
If the customer is in default with the payment of an invoice, Platform7 reserves the right to issue a payment reminder and to charge additional reminder costs.
§ 10 Availability
1. Platform7 strives for the most unrestricted availability of the servers possible. It cannot be ruled out that technical or other restrictions or impairments may nevertheless occur over which Platform7 has no influence.
2. Platform7 may, if necessary, restrict access to the services in order to maintain network integrity or the security of operations or to avoid serious disruptions.
3. In order to carry out work on the system, there are scheduled maintenance windows during which eCaupo is not reachable. Platform7 endeavours to schedule these maintenance windows in such a way that the operation of eCaupo is impaired as little as possible.
§ 11 Liability
1. Platform7 is merely a technical service provider that provides the technical infrastructure for the operation of eCaupo. Platform7 is not liable for the content of eCaupo.
2. Unless otherwise stated in these GTC including the following provisions, Platform7 is liable for breaches of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
3. Platform7 is not liable for loss of production, business interruption and lost profit as well as loss of information and data. Platform7 is liable for damages — regardless of the legal basis — in cases of intent and gross negligence. In the case of simple negligence, Platform7 is only liable
a) for damages arising from injury to life, body or health,
b) for damages arising from the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting partner regularly relies and may rely); in this case, however, Platform7's liability is limited to compensation for the foreseeable, typically occurring damage.
4. The limitations of liability resulting from paragraph 3 do not apply insofar as Platform7 has fraudulently concealed a defect or has assumed a guarantee for the quality of the service.
§ 12 Changes to these GTC
1. The customer consents to being informed about changes to the GTC by email to the email address they last provided. The amended GTC are announced at least eight weeks in advance and are deemed approved if the seller does not object in text form (letter or email to support@ecaupo.com) within four weeks of receipt.
2. Platform7 undertakes to specifically point out in the notification of the changes the possibility of objection, the significance of silence, the deadline and the legal consequences, in particular with regard to a failure to object.
§ 13 Place of jurisdiction
1. The law of the Federal Republic of Germany applies to all legal relationships between Platform7 and the seller.
2. In addition to the statutory place of jurisdiction, Kassel is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
§ 14 Severability clause
1. If general terms and conditions have not become part of the contract in whole or in part or are invalid, the remainder of the contract remains valid.
2. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract is governed by the statutory provisions.
Version: 23/03/2025