These General Terms and Conditions govern the use of the MenuMe software-as-a-service platform and related services provided by Eano.
1. Scope
These Terms apply to all contracts for the provision and use of MenuMe as well as related setup, import, design and support services.
These Terms apply exclusively to businesses (Unternehmer) within the meaning of § 14 of the German Civil Code (BGB). Eano only enters into contracts with natural or legal persons who, when concluding the contract, act in the exercise of their commercial or independent professional activity. Consumers within the meaning of § 13 BGB are not accepted as customers.
Deviating terms of the customer shall only apply if Eano has expressly agreed to them in writing.
2. Contracting Party
Omar Shaar
trading as Eano
Stiftsplatz 5
53111 Bonn
Germany
Email: info@eano.dev
3. Subject of the Contract
MenuMe allows customers to create, design, update and present digital menus to guests. The specific scope of features results from the respective offer, plan or individual service description.
Optional services such as data import, logo creation, visual design or individual customization are only owed if expressly agreed.
4. Demo Request and Conclusion of Contract
Submitting a demo or contact request is non-binding and constitutes neither a binding offer by the interested party nor an acceptance by Eano.
The contract is concluded when, following a demo or contact request, Eano sends the customer an individual offer by email and the customer accepts that offer in text form, in particular by email. A contract is only formed once this mutual confirmation in text form has taken place.
5. Services Provided by Eano
- Provision of the agreed MenuMe features during the contract term.
- Storage and delivery of the content entered by the customer within the agreed scope.
- Maintenance, bug fixing and further development of the platform.
- Additional services only in accordance with the respective service description.
Support is provided by email to info@eano.dev. Eano does not guarantee any binding response or resolution times, but aims to respond to incoming requests within two business days.
6. Customer’s Duties to Cooperate
The customer provides the information, content and files required for the service in a timely manner and in suitable quality. The customer is responsible for the accuracy, timeliness and legality of their content.
This applies in particular to prices, product information, allergens, additives, translations, images, trademarks and other legally required information. The customer ensures that they hold the necessary usage rights.
7. Prices, Billing and Payment
The prices published on the MenuMe website at menume.de/en/pricing at the time the contract is concluded, or the prices individually offered, apply. Current prices are, in particular:
- Basis plan: €23.98 per month with monthly billing, or €239.88 per year (equivalent to €19.99 per month) with annual billing.
- Support plan: €35.98 per month with monthly billing, or €383.88 per year (equivalent to €31.99 per month) with annual billing.
- Custom plan: price according to a separate, individual offer.
Eano qualifies as a small business (Kleinunternehmer) within the meaning of § 19 of the German VAT Act (UStG). The prices stated are therefore final prices without a separate VAT statement.
Payment is made by credit card or SEPA direct debit through an external payment service provider engaged by Eano. With monthly billing, the monthly fee is due in advance for the coming month; with annual billing, the annual fee is due in advance for the coming contract year.
The prices stated in the offer or at the conclusion of the contract are binding. Additional services are only charged if they were agreed or commissioned by the customer.
8. Contract Term and Termination
With monthly billing, the contract may be terminated at any time with effect from the end of the current calendar month.
With annual billing, the minimum term is 12 months from the start of the contract. The contract automatically renews for successive periods of 12 months unless terminated with 30 days’ notice before the end of the respective term.
Termination may be made in text form, in particular by email to info@eano.dev. The right to extraordinary termination for good cause remains unaffected.
9. Usage Rights and Customer Content
For the duration of the contract, Eano grants the customer a simple, non-transferable right to use MenuMe within the agreed scope for their own business operations.
The customer retains their rights to the content provided. They grant Eano the rights necessary for storage, processing, display and technical provision for the duration of the contract.
After the contract ends, the customer may export their content, or request that it be provided to them, within 90 days. After this period, Eano deletes the customer’s content and personal data, unless statutory retention obligations require otherwise.
10. AI-Powered Features
MenuMe may provide AI-powered features for translation as well as for editing or enhancing images. Results may contain inaccuracies or errors and must be reviewed by the customer before publication.
AI-generated output does not replace legal, food-law or professional review. Binding information on allergens, additives and prices remains the customer’s responsibility.
For these AI features, Eano uses several external AI service providers; the specific providers used may change over time. Current information about the services in use is available from Eano upon request. The customer is responsible for ensuring they hold the rights necessary for uploaded content to be processed by AI services.
11. Availability, Maintenance and Changes
Eano may carry out necessary maintenance and security measures. Foreseeable restrictions will be announced in advance where possible.
Eano does not guarantee any specific, contractually assured availability of the platform (no Service Level Agreement). Eano aims to ensure the highest possible availability but provides no guarantee in this respect.
12. Warranty and Liability
Eano is liable without limitation for intent and gross negligence, for injury to life, body or health, and in cases of mandatory statutory liability, in particular under the German Product Liability Act.
In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable, typical damage at the time the contract was concluded. Liability for slightly negligent breaches of non-material obligations is excluded. Otherwise, liability is governed by statutory provisions.
As these Terms apply exclusively to businesses within the meaning of § 14 BGB, the liability provisions above are conclusive and final.
13. Data Protection and Data Processing
Information on the processing of personal data by Eano is contained in the Privacy Policy. To the extent Eano processes personal data on behalf of the customer, the parties shall, if necessary, conclude a data processing agreement pursuant to Art. 28 GDPR.
14. Final Provisions
The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent this choice of law is permissible.
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, Eano’s place of business in Bonn, Germany. This provision applies because these Terms are used exclusively with businesses within the meaning of § 14 BGB.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.