1.1 These General Terms and Conditions (GTC) apply to the conclusion, content, and fulfillment of all contracts for the provision of a SaaS service (Software-as-a-Service) for the use of the "Digi Air Menu" cash register with its respective functions, which is Peak Tower Tech FN 542132 d.
1.2 Deviations from these GTC are only effective if they have been agreed in writing between helloCash and the CUSTOMER; they only replace these GTC to the extent that they conflict with these GTC. If one of the regulations made in these terms and conditions should be invalid, this does not affect the validity of the other regulations made in these terms and conditions. The void or ineffective provision will be replaced by a legal provision that is as economically equivalent as possible.
1.3 Peak Tower Tech reserves the right to change these GTC. In the event of an intended change to the GTC, Peak Tower Tech will inform the CUSTOMER of the change 30 calendar days before the planned change date by e-mail or by in-app message. If the CUSTOMER does not expressly object to the change within 30 calendar days after receipt of the message - which expressly refers to the effect of silence - by sending an email to [email protected], the change is deemed to have been accepted. At the beginning of the period, Peak Tower Tech will specifically point out to the CUSTOMER the importance of silence as consent to the change. If the CUSTOMER objects to the change in good time, the previous GTC shall continue to apply.
1.4 With the registration (item 3), the CUSTOMER confirms that they operate a company and use the Peak Tower Tech services for their company.
1.5 As far as via the website www.digiairmenu.com or www.peaktowertech.com domain through links, the possibility of forwarding to other third-party websites are subject to contracts between the CUSTOMER and the operator such third-party website, exclusively on the terms agreed with the third party.
2.1
Peak Tower Tech provides the following services in ordinary business , operations:
2.1.1 the provision of a SaaS service (Software-as-a-Service) for using the "Peak Tower Tech" cash register with
its respective functions,
2.1.2 the operation of a webshop for the sale of cash register hardware and accessories.
2.2 Other services not mentioned above will only be provided by Peak Tower Tech as extraordinary services if they have been expressly agreed in writing with Peak Tower Tech's signature. Peak Tower Tech and the CUSTOMER agree on separate conditions for the sale of cash register hardware and accessories (item 2.1.2). These terms and conditions do not apply to these services (item 2.1.2).
2.3 Peak Tower Tech provides the CUSTOMER with the selected software solution for using the cash register in the current version via the Internet for the term of the contract (item 2.1.1). The current range of functions of the software solution results from the service description under the price page of the respective Digi Air Menu page. Given the current state of technology, it is not possible to provide the CUSTOMER with error-free software for use. The CUSTOMER is aware that restrictions or complete failures in the use of the software, the server and the website used are to be expected and that data loss is possible. Peak Tower Tech does not owe the CUSTOMER full functionality or operational readiness of the SaaS service. Peak Tower Tech will endeavor to rectify disruptions as far as is technically possible. When the CUSTOMER signs an invoice, errors may occur in the data transmission between Peak Tower Tech and A-Trust Gesellschaft für Sicherheitssysteme imelektronik Datenverkehr GmbH or a third-party service provider (e.g. Fiskaly), which Peak Tower Tech cannot influence.
2.4 Peak Tower Tech has designed the software solution for using the cash register with its respective functions to the best of its knowledge and belief. However, the CUSTOMER is aware that the legal requirements and prerequisites for a cash register have still not been conclusively assessed, and new questions of doubt may arise again and again. For this reason, Peak Tower Tech cannot contractually promise that the cash register will always be judged to be legally compliant. Peak Tower Tech recommends that the CUSTOMER has the legal conformity of the cash register and its functions as well as the requirements for legally compliant use individually checked by their own tax consultant.
2.5 Minor changes to the scope of functions of the software solution (point 2.3) that are reasonable for the CUSTOMER are expressly approved by the CUSTOMER in advance.
3.1 Registration is required to use the Services. Registration is free. There is no right to registration. In order to understand the basic functionality of the software solutions, the CUSTOMER must read the Digi Air Menu manual. By registering, the CUSTOMER declares that he has read and understood the Peak Tower Tech manual in full.
3.2 Registration may only be made in one's own name and only by natural persons of legal age as well as legal persons and partnerships with legal capacity (stating an authorized representative as the contact person). The data requested during registration must be entered completely and correctly. The CUSTOMER is responsible for the completeness and correctness of this information.
3.3 After registration, the CUSTOMER will receive a personal account with a personal e-mail address and password (access data). The CUSTOMER must change his password after logging in for the first time. The CUSTOMER can change his password at any time.
3.4 The CUSTOMER is obliged to keep his access data secret and not to pass them on to third parties. It must take appropriate precautions to prevent unauthorized access by third parties to the access data. The CUSTOMER must also impose these obligations on his employees.
3.5 The CUSTOMER undertakes to correct all changes to the personal data provided (change of address, change of name, etc.) without culpable delay. He is responsible for entering and maintaining the data and information he needs to use the SaaS service.
3.6 Digi Air Menu is entitled to request suitable evidence of the information provided by the CUSTOMER (business license, excerpt from the company register, etc.). Digi Air Menu is not obliged to check the data provided by the CUSTOMERS for correctness, completeness, or any legal violations. If misuse or illegal use of the data is suspected, Digi Air Menu can block or delete the customer account.
3.7 Registered customer accounts are not transferable and may only be used personally by authorized persons.
3.8 The CUSTOMER undertakes not to misuse the software or use it in a way that impairs the availability of the software. He must refrain from any actions that violate or intend to violate network or system security, in particular by viruses or Trojans.
3.9 The CUSTOMER must pay Peak Tower Tech a contractual penalty of EUR 50,000.00 for each case of a breach of point 3.8, regardless of fault, which is not subject to the judicial right of reduction.
4.1 Die unterschiedlichen SaaS-Dienste mit ihrem jeweiligen Funktionsumfang und Preis sind unter der Preisseite der jeweiligen Peak Tower Tech-Seite abrufbar. Alle angegebenen Nutzungsgebühren verstehen sich als monatlicher Betrag und exklusive Umsatzsteuer. Die monatliche Nutzungsgebühr ist erstmals (im Voraus) am ersten Tag der Inanspruchnahme eines kostenpflichtigen SaaS-Dienstes zur Zahlung fällig. Die darauffolgenden Nutzungsgebühren werden an dem Kalendertag der folgenden Monate zur Zahlung fällig, welcher dem Kalenderdatum der erstmaligen Inanspruchnahme entspricht. Sofern dieser Kalendertag nicht existiert, ist die monatliche Nutzungsgebühr am Letzten des Monats zur Zahlung fällig. Die Bezahlung wird über „adyen“ (Adyen N.V. German Branch) abgewickelt. Der KUNDE hat monatliche und oder jährliche Nutzungsgebühren zu bezahlen.
4.2 The contractual relationship (“Subscription”) is concluded for an indefinite period.
4.3 Der KUNDE kann das Abonnement jederzeit durch die Kündigung seines Kundenkontos mit allen Daten löschen. Die Kündigung ist auch bei einem gesperrten Kundenkonto durch den KUNDEN jederzeit möglich (Punkt 4.6). Bei einer Kündigung eines kostenpflichtiges SaaS-Dienstes (bzw. dem Wechsel in ein Gratismodell) hat der KUNDE die monatliche oder jährliche Nutzungsgebühr im Monat der Kündigung in voller Höhe zu entrichten. Eine (anteilige) Rückerstattung der monatlichen Nutzungsgebühr oder jährlichen Nutzungsgebühren findet nicht statt.
4.4 Peak Tower Tech kann das Abonnement per E-Mail ordentlich unter Einhaltung einer Kündigungsfrist von vier Wochen zu jedem Monatsletzten kündigen. Eine (anteilige) Rückerstattung der anfallenden Gebühren findet bei einer ordentlichen Kündigung nicht statt.
4.5 In the event of termination, the CUSTOMER must save his data himself by downloading it. If the CUSTOMER nevertheless uses helloCash to provide the data, the associated effort is to be remunerated at a net hourly rate of EUR 150.00. Each partial service is billed in units of 15 minutes; units that have been started are fully taken into account.
4.6 Digi Air Menu wird das Kundenkonto sperren, wenn der KUNDE die Nutzungsgebühr oder sonstigen Zahlungsverpflichtungen nicht nachkommt. Die Sperre des Kontos lässt das Abonnement grundsätzlich unberührt. Der KUNDE hat die anfallenden Gebühren während der Sperre des Kundenkontos bis zur Beendigung des Abonnements zu bezahlen.
4.7 Peak Tower Tech and the CUSTOMER can cancel the subscription with immediate effect for a good
cause.
4.7.1 the CUSTOMER is in arrears with the monthly usage fee or other payment obligations, and no payment is made
despite setting a grace period of 14 days under threat of termination of the contract,
4.7.2 the CUSTOMER breaches the provisions of these GTC.
4.8 Bei einer Kündigung eines kostenpflichtiges SaaS-Dienstes mit sofortiger Wirkung hat der KUNDE die monatliche Nutzungsgebühr im Monat der Kündigung in voller Höhe zu entrichten. Eine (anteilige) Rückerstattung der monatlichen oder jährlichen Gebühren findet nicht statt.
4.9 The usage fee (item 4.1) is value-secured. The consumer price index last announced by the Austrian Central Statistical Office before the conclusion of the contract or an index replacing it serves as the calculation for value protection. The starting point for the value protection calculation is the index number announced when the contract was concluded. The usage fee increases and decreases to the extent that the consumer price index changes.
4.10 Peak Toewr Tech will inform the CUSTOMER of a price change going beyond point 4.9 or a significant reduction in the functions of the selected SaaS service at least 30 days before the planned change date by e-mail or by in-app message. If the CUSTOMER does not expressly object to the change within 30 calendar days after receipt of the message - which expressly refers to the effect of silence - by sending an email to [email protected], the change is deemed to have been accepted. At the beginning of the period, Peak Tower Tech will specifically point out to the CUSTOMER the importance of silence as consent to the change. If the CUSTOMER objects to the change in good time, the previous prices or functions shall continue to apply.
4.11 The CUSTOMER can test all POS models for 30 days free of charge within the test mode (demo mode). In demo mode, all documents are marked "DEMO." The demo mode is displayed in the premium checkout by default. The demo mode is for testing purposes only. It is not to be used for accounting or tax evaluations, and no receipts may be handed over to third parties. In order to create proper receipts, the CUSTOMER has to activate a real mode by choosing a cash register model.
4.12 The CUSTOMER consents to the sending of the invoice in the electronic formats .doc, .rtf, .pdf, or .xml by e-mail, as an e-mail attachment, as a web download to the communication data provided by the CUSTOMER. A special form of electronic transmission is not required. As the recipient of this digital data, the CUSTOMER must ensure that it can be delivered properly and that technical equipment (e.g., filter programs and firewalls) is adapted accordingly. At the express request of the CUSTOMER, the invoice can also be sent by post at any time. A processing fee of EUR 7.50 per invoice is due for this.
5.1 The scope of customer service (“support”) depends on the selected SaaS service (item 4.1).
5.2 Peak Tower Tech will endeavor to answer inquiries within a reasonable time. The CUSTOMER has no right to an answer within a certain period of time or to a certain solution or success of the answer.
5.3 All notifications and other messages must be sent in writing by email to the last known email address and are deemed to have been effectively delivered.
5.4 The CUSTOMER agrees that Peak Tower Tech can record telephone calls for quality assurance. The recorded phone calls are automatically deleted within 24 hours.
The content of the websites www.peaktowertech.com, www.digiairmenu.com , or the contents of any other Digi Air Menu or bookgoodlook domain, the software and the Digi Air Menu manual are protected by copyright. Without the express consent of Digi Air Menu, the content of the copyrighted works may not be processed, duplicated, or otherwise used in a copyrighted manner (§ 14ff UrhG) in any form.
The CUSTOMER may not offset claims from Peak Tower Tech - subject to § 6 Para. 1 Z 8 KSchG - with counterclaims.
8.1 Peak Tower Tech assumes no liability for the content of other websites connected to www.digiairmenu.com, www.peaktowertech.com or another Digi Air Menu or bookgoodlook domain.
8.2 Peak Tower Tech is not liable for errors (including obvious errors or misprints), interruptions (due to a technical failure, repair, updating, or maintenance work on the website, etc.), or the incorrect transmission of information. Peak Tower Tech cannot ensure continuous availability of the website www.digiairmenu.com, www.peaktowertech.com or any other Digi Air Menu or bookgoodlook domain and does not guarantee the continuous functionality or operational readiness of the selected SaaS service. Peak Tower Tech assumes no liability for server failures or loss of data - for whatever reason.
8.3 Peak Tower Tech cannot guarantee that the cash register with its respective functions will be judged to be legally compliant in all cases (point 2.4). In any case, Peak Tower Tech is not liable to the CUSTOMER if the fault complained of in the cash register or its functions is based on a justifiable legal opinion.
8.4 Peak Tower Tech is not liable for damage caused by third parties gaining knowledge of the CUSTOMER's personal user data without authorization or by blocking or deleting the customer account.
8.5 Liability for property damage and financial loss caused by slight negligence on the part of the CUSTOMER is excluded.
8.6 Compensation for consequential damages and lost profits of the CUSTOMER is excluded. The CUSTOMER must prove the existence of gross negligence on the part of Peak Tower Tech. The CUSTOMER's claims for compensation become statute-barred six months after knowledge of the damage and the damaging party, at least five years after the service has been rendered. If Peak Tower Tech is liable, this is limited to the agreed five times the annual net fee of the CUSTOMER. In the event of intentional damage, there is no limitation of liability.
8.7 The CUSTOMER is excluded from the right to contest the contract due to an error, omission of the business basis, or shortening by more than half.
9.1 The data protection declaration is part of the general terms and conditions.
9.2 The CUSTOMER is obliged to back up his data himself. In the event of data loss, he is not entitled to have his data restored. If Peak Tower Tech is to provide the CUSTOMER with customer data after the subscription has been terminated, the CUSTOMER shall be reimbursed for the effort at a net hourly rate of EUR 150.00. Each partial service is billed in units of 15 minutes; units that have been started are fully taken into account.
10.1 Unless otherwise agreed in writing, the place of performance is the registered office of helloCash in A-3250 Wieselburg.
10.2 Austrian substantive law shall apply to these GTC and all contracts to which these GTC apply (in particular the subscriptions). The applicability of the UN Sales Convention is excluded. The contract language is German.
10.3 For any disputes about the conclusion of the contract as well as from or on the occasion of contracts concluded between Digi Air Menu and the CUSTOMER, the Austrian jurisdiction (exclusive in contracts with entrepreneurs) and the local jurisdiction of the competent court at the registered office of Peak Tower Tech are agreed.