General Terms and Conditions
§ 1 Introduction
1.1 These General Terms and Conditions (“GTC”) apply to all agreements between Fleksa, Inc., and its subsidiaries Fleksa GmbH and Fleksa Innovations India Private Limited (collectively referred to as “Fleksa”) and the restaurants (“Customer”) regarding the use of Fleksa’s services, including but not limited to the Fleksa website, mobile application, point of sale (POS) system, PayPerSe, Eatarian, and any other services listed on our websites and order form.
1.2 By entering into a contractual relationship with Fleksa, the Customer agrees to be bound by these GTC.
1.3 Any deviations from these GTC must be agreed upon in writing by both parties.
1.4 The contract may be signed digitally through the website or submitted via a form or paper-based document, as agreed upon by both parties.
§ 2 Scope of Services
2.1 Fleksa provides a range of services to assist restaurants in managing their operations, including but not limited to online and in-restaurnat ordering, table reservation, POS systems, payment processing, and customer loyalty programs.
2.2 The specific services provided to the Customer will be determined by the service package selected by the Customer and outlined in a separate Order Form.
§ 3 Registration and Contract Formation
3.1 To use Fleksa’s services, the Customer must first register on the Fleksa website or mobile application or with the order form sent by our team (paper or electronic form).
3.2 By submitting the registration or order form, the Customer makes a binding offer to enter into a contract with Fleksa. Fleksa may accept this offer by sending a confirmation email or activating the Customer’s account.
§ 4 Contractual Obligations of the Customer
4.1 The Customer agrees to provide accurate and complete information during registration and to keep this information up-to-date.
4.2 The Customer shall comply with all applicable laws and regulations in the relevant jurisdiction when using Fleksa’s services mentioned in the order form or any other form in Germany, the United States, or India, as applicable.
4.3 The Customer is responsible for maintaining the confidentiality of their login credentials and details of order form and shall not share these with any third party.
4.4 The Customer is responsible for working with their customers to handle orders, reservations, payments, and contacts. Unless otherwise agreed, the Customer must comply and provide its services to their customers.
4.5 The Customer agrees to fulfill all orders and reservations received from their customers through Fleksa’s platform and to provide the same level of service and quality as they would for orders and reservations received through other channels.
4.6 In the event that the Customer deliberately refuses to accept or fulfill orders or reservations from their customers in an attempt to avoid or terminate their contractual obligations with Fleksa, Fleksa reserves the right to take appropriate legal action to enforce the contract, seek damages, or terminate the contract with immediate effect and charge an early termination fee determined based on the remaining value of the contract.
§ 5 Fees and Payment Terms
5.1 The fees for Fleksa’s services will be outlined in the Order Form and are subject to applicable taxes and levies.
5.2 Payment terms will be specified in the Order Form, and the Customer is required to pay the fees within the stipulated timeframe.
5.3 In the event of late payment, Fleksa reserves the right to suspend the services and charge late payment fees and interest as per the applicable laws in the Customer’s jurisdiction.
§ 6 Intellectual Property Rights
6.1 All intellectual property rights related to Fleksa’s services, including but not limited to software, logos, trademarks, and content, are owned by Fleksa or its licensors.
6.2 The Customer is granted a non-exclusive, non-transferable, and non-sublicensable license to use Fleksa’s services for the duration of the contractual relationship.
§ 7 Data Protection and Privacy
7.2 The Customer is responsible for ensuring the protection of its customers’ personal data and must comply with all applicable data protection laws.
§ 8 Liability
8.1 Fleksa’s liability for damages resulting from the use of its services is limited to cases of intent or gross negligence, except for damages caused by injury to life, body, or health.
8.2 Fleksa’s liability for indirect damages, lost profits, or lack of economic success is excluded.
§ 9 Term and Termination
9.1 The contract commences on the effective date specified in the Order Form and has an initial term of 24 months, unless otherwise agreed in writing. Following the initial term, the contract will automatically renew for successive 12-month periods, unless terminated by either party in accordance with this section.
9.2 Either party may terminate the contract by providing written notice to the other party at least 90 days prior to the end of the initial term or any renewal period.
9.3 Both parties have the right to terminate the contract for cause, including but not limited to a material breach of these GTC or failure to pay the fees due.
9.4 Upon termination, the Customer shall cease using Fleksa’s services, and any outstanding fees shall become immediately due and payable. If not paid on time, the Customer must be prepared to pay additional fees and interest as per the applicable laws in the Customer’s jurisdiction.
§ 10 Amendments to the GTC
10.1 Fleksa reserves the right to amend these GTC at any time. Fleksa will notify the Customer of any amendments at least 30 days before they become effective.
10.2 If the Customer does not object to the amendments within 30 days of receiving notice, the amendments will be deemed accepted.
§ 11 Governing Law and Jurisdiction
11.1 The contractual relationship between Fleksa and the Customer shall be governed by the laws of the United States, Germany, and India, as applicable, with the subsidiary they signed the contract with, without regard to their conflict of laws principles.
11.2 Any disputes arising from or in connection with these GTC or the contractual relationship between Fleksa and the Customer shall be subject to the exclusive jurisdiction of the courts in the United States, Germany, or India, as applicable, depending on the subsidiary they signed the contract with.
§ 12 Miscellaneous
12.1 If any provision of these GTC is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.2 The Customer may not assign or transfer any rights or obligations under these GTC without the prior written consent of Fleksa.
12.3 These GTC, together with any applicable Order Form, constitute the entire agreement between Fleksa and the Customer and supersede any prior agreements or understandings, whether written or oral.
§ 13 Contact Information
For any questions or concerns regarding these GTC or Fleksa’s services, please contact Fleksa at the contact information listed on the Imprint page.