General Terms and Conditions

hfoods, Birkenweg 34, 51503 Rösrath, Germany

Version of 1 October 2026

Section 1 Scope

These terms and conditions in the version of 1 October 2026 apply to contracts about the hfoods ordering system into which they are expressly incorporated, in particular to contracts based on a contract cover sheet. The contracting parties are entrepreneurs within the meaning of section 14 of the German Civil Code (BGB).

For contracts you conclude yourself through the booking route on hfoods.de, only the terms and conditions for self booking apply, in the version shown to you during booking and sent to you as a PDF file. For sales and cooperation partners, the respective partner contracts apply.

Terms of yours that deviate from these conditions apply only if hfoods expressly agrees to them in text form. Individual agreements take precedence over these terms (section 305b BGB).

Section 2 Subject matter of the contract and app store accounts

hfoods provides you with the ordering system (web shop and/or app shop as well as the admin area) as software as a service.

You receive a simple, non transferable right of use for the term of the contract. All content (menus, images, texts) is supplied by you.

Your own app: if you book your own app for iOS and Android, you open and maintain, at your own expense and in line with the policies of the store operators (in particular Apple Guideline 4.2.6), one developer account with Apple and one with Google, and you grant hfoods the access rights needed for submission there. hfoods handles the technical submission.

hfoods is not liable for delays or rejections by Apple or Google insofar as they are based on your failure to meet your duties to cooperate, or on decisions of the store operators that hfoods is not responsible for. Section 8 remains unaffected.

Section 3 Your obligations and the payment processing of your guests

You provide hfoods in good time with all data required (menu, prices, allergens, logos, business registration).

Payment processing (Stripe and PayPal): online payments made by your guests are settled through an account that you register yourself with Stripe and/or PayPal. The contract for payment processing is concluded exclusively between you and the respective payment provider. hfoods only provides the technical interface, does not collect any funds of your guests and is not involved in the flow of money.

You bear sole responsibility for compliance with statutory requirements, in particular food information labelling, the protection of minors when delivering alcohol, and the proper taxation of your income.

Section 4 Remuneration

Remuneration is determined by the package selected and by the one off and monthly fees agreed in the contract cover sheet.

The monthly fee is payable in advance at the beginning of each billing month. Costs that hfoods incurs through a returned direct debit or a failed payment for which you are responsible are borne by you. You remain free to prove that no damage or a lesser damage has occurred.

Section 5 Contract term and termination

Term and notice periods are set out in the contract cover sheet. Unless agreed otherwise there, the contract runs for an indefinite period and may be terminated by either party giving one month of notice to the end of the billing month. The billing month starts on the invoice day and ends on the day before the next invoice day.

Termination requires text form, for example an email to the address stated in the legal notice. hfoods confirms receipt and the end date to you in text form without undue delay.

The right of either party to terminate for good cause remains reserved. Before terminating for a breach of duty, the terminating party issues a warning and sets a reasonable period for remedy, unless the law provides otherwise. After the contract ends, access to the system is deactivated; section 9 remains unaffected.

Section 6 Availability, defects and support

hfoods owes availability of 98.5 % as an annual average, measured at the server output of the data centre. This figure is a performance obligation and neither a guarantee nor a warranted characteristic within the meaning of section 536 (2) BGB.

Periods of announced maintenance, periods of a fault for which you are responsible and periods of force majeure do not count as downtime. Faults at data centre, hosting and other subcontractors of hfoods do count as downtime.

You report defects and faults without undue delay after becoming aware of them, in text form to info@highfoods.de, and describe them so that hfoods can reproduce them.

hfoods provides support by email to info@highfoods.de from Monday to Friday from 09:00 to 17:00, except on public holidays at the seat of hfoods.

Section 7 Data protection

You are the controller for the personal data of your guests; hfoods processes it exclusively on your behalf under Article 28 GDPR. For this purpose we conclude a data processing agreement at the same time as the main contract.

The privacy policy of hfoods is information and not part of the contract.

Section 8 Liability

hfoods is liable without limitation in cases of intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act, in cases of fraud and insofar as hfoods has given a guarantee.

In cases of slight negligence, hfoods is liable only for the breach of a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you regularly rely and may rely, and only up to the damage that was foreseeable at the conclusion of the contract and is typical for this type of contract.

Liability of hfoods without fault under section 536a (1) first alternative BGB for defects that already existed when the contract was concluded is excluded.

Liability of hfoods for the loss of data that you could download yourself under section 9 paragraph 1 is limited to the effort required to restore it from a proper backup. This does not apply in the cases of paragraph 1 above.

This section applies to the same extent to vicarious agents and legal representatives of hfoods.

This section does not apply to claims under the data processing agreement, to claims under Article 82 GDPR or to recourse under Article 82 (5) GDPR. In those cases both sides are liable under the statutory rules.

Section 9 Your data, export and switching provider

The data of your business and of your guests belongs to you. You can download orders and the menu yourself at any time in the admin area, in a common machine readable format. All other data, in particular guest accounts, reservations, loyalty points and settings, is provided by hfoods on request in text form within ten working days in a common machine readable format.

hfoods charges no fee for the export or for switching provider. If you want to switch to another provider, hfoods supports you for 30 calendar days from the end of the notice period; where the switch is technically complex, this period is extended at your request to up to seven months. After the contract ends you can still retrieve your data for 30 calendar days, but at least until the end of the transition period under sentence 2; afterwards it is deleted unless a statutory retention obligation prevents this.

hfoods backs up the database at least once a week and keeps each backup for 98 days.

The information under Article 28 (1) and Article 29 (4) of Regulation (EU) 2023/2854 is published by hfoods at hfoods.de/datenverordnung/.

Section 10 Amendments to these terms

hfoods may amend these terms insofar as the amendment is prompted by a change in the law or by a decision of a supreme court, serves to adapt them to a reasonable further development of the software, or closes a gap that arose after the contract was concluded, and the amendment is reasonable for you.

Amendments to the main obligations and to the remuneration are excluded on this route. They only become effective by agreement.

hfoods notifies you of the amendment in text form at least six weeks before it takes effect and expressly points out your right to object, the deadline and the meaning of your silence. If you do not object in text form before the amendment takes effect, it is deemed accepted. If you object, the previous conditions continue to apply; either party may terminate the contract by ordinary notice.

Section 11 Final provisions

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you and hfoods are both merchants, legal persons under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seat of hfoods. Otherwise the statutory places of jurisdiction apply.

Amendments and additions to this contract require text form. Individual agreements take precedence (section 305b BGB).

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid one.