Terms of Use
Last updated: August 4, 2026
Effective date: August 4, 2026
Version: 2.0
1. Provider and Scope
1.1. The provider of the software made available under the Yumzi brand and the Customer's contracting party is:
Yumzi GmbH
Arnethgasse 40/6
1160 Vienna
Austria
Commercial Register No.: FN 610431v
Commercial Register Court: Commercial Court of Vienna
VAT ID: ATU80026927
Email for contractual matters:
Support:
1.2. These Terms of Use apply to the use of the web-based software provided by Yumzi, the associated websites, public menu pages and any other services expressly included (collectively, the "Service").
1.3. The Service is intended exclusively for business customers, in particular hospitality businesses and other persons or organisations using the Service in the course of their independent professional or commercial activities. Contracts with consumers are not offered. By entering into the Contract, the Customer confirms that it is doing so exclusively for business purposes. A person acting on behalf of a legal entity or other organisation also confirms that they are authorised to represent that entity or organisation.
1.4. Merely claiming business status does not exclude mandatory statutory consumer protection rights. If a User is found to be acting legally as a consumer, any mandatory statutory rights remain unaffected. In such a case, Yumzi may reject the registration or terminate the Contract while appropriately respecting any mandatory rights.
1.5. Individual agreements that deviate from these Terms of Use take precedence. The Customer's general terms and conditions apply only if Yumzi has expressly accepted them in text form.
2. Definitions
For the purposes of these Terms of Use, the following definitions apply:
• Customer: the business customer entering into the Contract with Yumzi.
• User: a natural person using the Service on behalf of the Customer.
• Account: the personal or organisation-based access to the Service.
• Location: a hospitality business or other operating unit for which a menu is managed or published.
• Customer Data: all content and information entered, uploaded, imported, generated or intended for publication by the Customer or its Users.
• Billing Period: the period of one, six, twelve or 24 months selected at checkout for which the Subscription is billed in advance.
• Trial: the free trial period shown at checkout, which is seven days by default.
3. Registration and Contract Formation
3.1. The presentation of plans and features on the website does not constitute a binding offer. By completing the checkout and accepting the terms displayed there, the Customer submits an offer to enter into a Contract.
3.2. Before completion, the Customer is shown, in particular, the selected plan, Billing Period, billing currency, total price due for that period, applicable taxes, start and end of the Trial, date of the first charge and the automatic renewal terms. The Customer can correct input errors before submitting its declaration.
3.3. The Contract is formed when Yumzi electronically confirms the registration or start of the Trial, or activates the Service. The Customer receives an electronic contract confirmation at the email address provided by the Customer.
3.4. The Customer must provide complete and accurate information during registration and billing and keep that information up to date. This includes, in particular, the company name, billing address, country, contact address, authority to represent the Customer and, where applicable, a valid VAT identification number.
3.5. The contract language is generally German. Translations may be provided for convenience. In the event of any inconsistency, the German version prevails, unless mandatory law provides otherwise.
3.6. Yumzi stores the version of these Terms of Use incorporated into the Contract and makes it available to the Customer in a form that can be saved and reproduced.
4. Subject Matter and Scope of the Service
4.1. For the term of the Contract, Yumzi provides the Customer with a web-based software-as-a-service solution for managing and publishing digital menus. The specific scope of features is determined by the plan selected when the Contract is formed, the checkout, the contract confirmation and the product description applicable at the time of contract formation; subsequent changes are governed by Section 11.
4.2. The core service is the technical ability to manage menu data within the booked scope and make it available through output channels supported by Yumzi. Yumzi does not owe any particular commercial, design, legal or operational outcome.
4.3. Unless expressly agreed on an individual basis, the Service does not include personal consulting, legal advice, tax advice, food-related advice, professional translation services, individual design services, data entry, migration, training or any other service performed by Yumzi personnel.
4.4. Statements on the website concerning potential increases in revenue, cost savings, time savings, reach, conversion rates or other results are general examples, experience-based values, estimates or scenarios based on specific assumptions. They do not constitute a guarantee, assurance or agreed product characteristic for any individual Customer.
4.5. The Customer is entitled to specific future features, integrations, developments or release dates only if these have been expressly agreed in text form.
5. Licence and Accounts
5.1. For the term of the Contract, Yumzi grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service within the agreed scope for the Customer's own business purposes.
5.2. The Customer may create access for authorised employees and other persons engaged by it to the extent covered by the booked scope. The Customer is responsible for their actions and their compliance with these Terms of Use.
5.3. Login credentials must be kept confidential and must not be disclosed to unauthorised persons. The Customer must notify Yumzi without undue delay if it suspects unauthorised access or a security incident. Yumzi may temporarily suspend affected access where necessary to protect the Customer, other Users or the Service.
5.4. Without Yumzi's express consent, the Customer may not resell or rent out the Service, offer it as its own software service or permanently make it available for use by third parties outside the Customer's organisation. This does not affect the publication of the Customer's own menus for guests or authorised cooperation with the Customer's service providers.
5.5. Agencies, consultants and other business service providers may use the Service within the booked scope to manage their clients' menus, provided that they are sufficiently authorised to do so. They remain responsible to Yumzi for the use of the Service, Customer Data, the required rights and all payment obligations. This does not create a separate contractual relationship between Yumzi and the client being managed.
6. Locations, Plans and Billing Scope
6.1. Unless otherwise stated at checkout or in an individual agreement, a Subscription applies to one Location. Additional Locations may require a separate Subscription or a corresponding extension.
6.2. The price, term and Billing Period for additional Locations are displayed before they are activated for a fee. Unless expressly indicated otherwise, additional Locations are charged for a full Billing Period and not on a pro rata basis.
6.3. Yumzi may offer different plans, terms and feature scopes. Only the selection documented in the checkout and contract confirmation is binding.
6.4. Plan changes, upgrades and downgrades are governed by the terms displayed in the Service at the time of the change. A downgrade may only take effect at the end of the current Billing Period and may result in the loss of features or capacities no longer included. Yumzi informs the Customer of the material consequences before such a change.
7. Free Trial
7.1. Where offered at checkout, the Contract begins with a seven-day free Trial. The start, end and time of the subsequent first charge are specifically shown at checkout and in the contract confirmation.
7.2. To start the Trial, the Customer must select a plan and provide the payment service provider used by Yumzi with a valid payment method suitable for recurring payments. No fee is charged for the selected Subscription during the Trial unless expressly stated otherwise at checkout.
7.3. If the Customer cancels the Trial before the displayed end time, no first subscription fee is charged. Cancellation during the Trial generally ends access immediately unless a later end time is expressly displayed in the Service.
7.4. If the Customer does not cancel in time, the Trial automatically converts into the paid Subscription previously selected. At that point, the total price shown at checkout for the full selected Billing Period becomes due and is charged to the payment method on file.
7.5. Under the process currently envisaged, Yumzi sends an additional reminder to the email address on file approximately two days before the Trial ends. The reminder supplements the information already provided at checkout and in the contract confirmation. Receipt of the reminder is not a condition for the conversion to the paid Subscription. This applies in particular if the reminder is not received due to inaccurate or outdated contact information, spam filters, disruptions to third-party email services or other circumstances outside Yumzi's control.
7.6. Unless expressly offered otherwise, each Customer or economically related group of companies may use a free Trial only once per Location. Yumzi may reject or terminate duplicate or abusive Trial accounts.
8. Contract Term, Automatic Renewal and Cancellation
8.1. After the Trial ends, the Subscription runs for the Billing Period of one, six, twelve or 24 months selected at checkout. The applicable subscription fee is charged in advance for the entire Billing Period.
8.2. The Subscription automatically renews for the same period for which it was previously billed. A monthly Subscription therefore renews for one month, a six-month Subscription for six months, a twelve-month Subscription for twelve months and a 24-month Subscription for a further 24 months.
8.3. The fee for each renewal period is automatically charged to the payment method on file at the start of that period. The next renewal date is shown in the Service or by the payment service provider.
8.4. The Customer may cancel the Subscription at any time using the cancellation function provided in the dashboard or by the payment service provider. If that function is temporarily unavailable, cancellation may be declared in text form by emailing. To be effective in time, Yumzi must demonstrably receive the cancellation before the start of the next Billing Period. Yumzi confirms the recorded cancellation electronically.
8.5. A cancellation made during an already paid Billing Period takes effect at the end of that period. The Service remains available within the agreed scope until then. No further renewals or charges occur thereafter.
8.6. Fees already due or paid are not refunded on a pro rata basis in the event of cancellation, mere non-use or the Customer ceasing use early. This does not affect demonstrable erroneous or duplicate charges, early termination initiated by Yumzi without cause, or mandatory statutory claims.
8.7. Business customers have no consumer-law right of withdrawal or cancellation. Any mandatory rights of a person who, contrary to the intended B2B restriction, is legally classified as a consumer remain unaffected.
9. Prices, Taxes and Payment Processing
9.1. The total price displayed at checkout in the currency stated there is binding. Monthly comparison prices for longer terms are for illustration only; the amount shown for the full Billing Period is due.
9.2. Unless stated otherwise, prices are net amounts plus any legally applicable taxes and charges. Tax treatment depends in particular on business status, place of supply, billing address and, where applicable, a valid VAT identification number. Reverse charge treatment applies only where the legal requirements are met.
9.3. The Customer is responsible for ensuring that its billing and tax information is accurate and up to date. It must notify Yumzi or the payment service provider of changes without undue delay. If inaccurate information results in retrospective taxes, interest, fees or reasonable expenses, Yumzi may require reimbursement to the extent the Customer is responsible for the inaccuracy.
9.4. Payments are processed through Stripe or another payment service provider identified at checkout. Payment data is processed in accordance with that payment service provider's terms. By completing checkout, the Customer authorises Yumzi and the payment service provider to collect recurring amounts as they become due using the payment method on file.
9.5. The Customer bears any fees charged by its bank or payment service provider, in particular foreign currency, international transaction or returned payment fees, unless caused by Yumzi. The amount displayed at checkout and in the contract confirmation remains binding.
9.6. If a payment fails or is late, Yumzi may arrange further collection attempts and ask the Customer to update its payment method. If payment remains outstanding despite a reasonable grace period, Yumzi may restrict or suspend the Service. The payment obligation and statutory consequences of default remain unaffected.
9.7. The Customer should report suspected erroneous or duplicate charges to without undue delay so that they can be reviewed and, where appropriate, corrected. The Customer's statutory rights against its payment service provider remain unaffected.
9.8. The Customer may set off claims only where they are undisputed or have been finally determined by a court. The Customer may exercise a right of retention only in respect of claims arising from the same contractual relationship. Mandatory statutory rights remain unaffected.
10. Price Changes
10.1. Price changes do not affect a Billing Period that has already been paid.
10.2. Yumzi may change prices for future renewal periods. The Customer will be informed in text form of an increase in the price payable by it at least 30 days before the increase takes effect. If, for monthly billing, this period does not extend to the immediately following renewal date, the increase will take effect no earlier than the subsequent renewal date.
10.3. The Customer may cancel the Subscription effective at the end of the current Billing Period before the price change takes effect. If the Customer continues the Subscription after the notified effective date, the announced price applies from the next renewal period.
10.4. Changes to statutory taxes and charges may be passed on from the date provided by law.
11. Development and Changes to the Service
11.1. The Service is continuously developed. Yumzi may adapt, consolidate, replace or discontinue features, interfaces, technical processes, integrations and workflows, in particular for improvement, security, legal compliance or adaptation to technical and economic developments.
11.2. Such changes are permitted provided they are reasonable for the Customer and do not materially impair the core digital menu management function or the material purpose of the Contract.
11.3. Yumzi will inform the Customer within a reasonable period of a material adverse change affecting the Customer. If Yumzi cannot provide a commercially reasonable alternative and the purpose of the Contract is materially impaired, the Customer may terminate the affected Contract for cause when the change takes effect. Fees paid in advance for the period no longer provided thereafter will be refunded on a pro rata basis.
11.4. New features may be added to existing plans at no additional charge or offered as a separately paid extension. The Customer is entitled to use new features free of charge only if they are expressly assigned to the booked plan.
11.5. Features identified as "beta", "preview", "test" or similar may be incomplete, changed or discontinued. They are not part of the contractual core service unless expressly agreed otherwise.
12. Customer Obligations and Permitted Content
12.1. The Customer is solely responsible for all content it enters, imports, adopts, edits, approves or publishes through the Service. Before publication and after every relevant change, the Customer must review Customer Data for accuracy, completeness, currency and legality.
12.2. The Customer is responsible in particular for:
• prices, product and dish names, descriptions and availability;
• ingredients, additives, allergens, nutritional values, origin information, dietary information and other mandatory information;
• the accuracy of all translations and automatically generated content;
• compliance with food, pricing, competition, youth protection, labelling and other regulations applicable to its business;
• all required rights and consents for text, trademarks, logos, images, videos, music and other content; and
• the lawful collection and entry of third-party personal data.
12.3. In particular, the Customer may not provide content or engage in conduct through the Service that:
• is unlawful, misleading, discriminatory, insulting or harmful to minors;
• infringes third-party rights, including copyright, trademark, personality or data protection rights;
• contains or enables malware, malicious code or unauthorised automated access;
• impairs the security, integrity, availability or performance of the Service;
• abusively copies, reverse engineers, circumvents or extracts the Service for the purpose of building a substantially identical competing service; or
• uses false identities, unauthorised payment information or manipulated usage data.
12.4. The Customer must report identifiable errors or security issues without undue delay and reasonably cooperate in their analysis and remediation.
12.5. Notices concerning allegedly unlawful content made publicly available may be sent to, specifying the exact URL, a comprehensible explanation and the reporting person's contact details. Yumzi reviews such notices in accordance with applicable legal obligations and may restrict or remove affected content in accordance with Section 21.
13. Automated Features, Imports and Translations
13.1. The Service may include automated or artificial-intelligence-based features, in particular for identifying, structuring, drafting, translating, categorising or recommending menu data.
13.2. Automatically generated or imported results are drafts and working aids. They may be incomplete, ambiguous, inaccurate or incorrect. Yumzi does not guarantee their accuracy or fitness for a particular purpose.
13.3. The Customer may publish or operationally use such results only after it has professionally reviewed and approved them. This applies in particular to allergens, ingredients, health-related information, prices, translations and legally required information.
13.4. Automated translations do not replace professional translation. Yumzi does not guarantee that terms, cultural meanings, allergen information or legally required information are accurately rendered in a target language.
13.5. Through automated features, Yumzi does not provide legal, tax, dietary, health or food-related advice. The Customer remains fully responsible for its published information and its business.
14. Rights in Customer Data and the Service
14.1. The Customer retains its existing rights in Customer Data.
14.2. For the term of the Contract and for technically necessary processing, backup and deletion periods, the Customer grants Yumzi a non-exclusive, worldwide and royalty-free right to use Customer Data solely to provide, secure, technically process, convert, translate, display, publish and troubleshoot the Service features provided to the Customer. This grant does not include use for unrelated purposes or for training general-purpose AI models.
14.3. Where the Customer publishes content publicly, the licence also includes retrieval and display of that content for guests and other persons addressed by the Customer. The Customer may end public availability using the functions provided in the Service.
14.4. The Customer represents that it has all rights and consents required for use in accordance with the Contract.
14.5. All rights in the Service, software, data models, technical processes, user interfaces, templates, trademarks and documentation remain with Yumzi or the respective licensors. The Customer's rights in its own content remain unaffected.
14.6. Yumzi may use voluntary feedback free of charge to develop the Service, provided that no confidential information of the Customer is disclosed in the process.
15. Third-Party Services and Systems
15.1. Yumzi uses specialised third parties to provide the Service, for example for hosting, content delivery, email delivery, payment processing, translation, analytics or technical infrastructure.
15.2. Features may depend on the availability and technical conditions of such third-party providers, networks and interfaces. Yumzi does not undertake to provide services owed by third parties and is not liable for disruptions, delays or changes beyond Yumzi's reasonable control. Yumzi's responsibility for culpable selection, instruction or supervision of a service provider it uses remains unaffected in accordance with Section 19.
15.3. If the Customer independently connects the Service to third-party offerings or follows external links, the terms and privacy information of the respective third party apply to those offerings. Yumzi is not a party to any legal transaction entered into between the Customer and the third party.
16. Availability, Maintenance and Support
16.1. Yumzi uses commercially and technically reasonable efforts to provide the Service reliably. However, no particular level of availability, uninterrupted use or freedom from errors is guaranteed. A service level agreement exists only if expressly agreed in text form.
16.2. Temporary restrictions may arise in particular from maintenance, security updates, technical disruptions, overload, internet or network failures, third-party providers, force majeure or necessary protective measures.
16.3. Planned maintenance with a material impact will be announced in advance where possible. Emergency maintenance and security-related measures may be performed without prior notice.
16.4. Standard support is provided on a reasonable-efforts basis through the channels announced by Yumzi. No response, processing or resolution times are guaranteed. Individual consulting, setup or ongoing data maintenance is not part of standard support.
16.5. The Customer must describe support requests as specifically as reasonably possible and provide information required to reproduce an error. Yumzi is not obliged to request the Customer's credentials or remotely access the Customer's systems.
17. Backups, Export and Consequences of Termination
17.1. The Customer is responsible for appropriately backing up original files and business-critical information outside the Service. Yumzi's technical backups support operational stability and do not constitute an individual archive or guaranteed recovery service for the Customer.
17.2. During the term of the Contract, the Customer may use available export functions or request delivery of its menu data in a reasonable format that is technically available to Yumzi. Unless separately agreed, the Customer is not entitled to individual migration, data preparation or any particular custom format.
17.3. Access to the Service ends when termination of the Contract takes effect. Public menu pages and other publications may be deactivated.
17.4. Unless statutory retention obligations, security interests or different agreements apply, Yumzi generally keeps Customer Data available for potential delivery for 30 days after the Contract ends. It may then be deleted or anonymised. Data in technically necessary backup copies may remain for up to 90 days and will not be used for production purposes during that period.
17.5. The Customer must request any desired export in due time and no later than within the 30-day period. After that period expires, the Customer is not entitled to restoration of data that has already been deleted.
17.6. The processing of personal data is additionally governed by the Privacy Policy and, where required, a separate data processing agreement.
18. Defects and Warranty
18.1. To the extent required by law, Yumzi warrants that the contractual core service will substantially conform to the agreed product description during the term of the Contract. Insignificant deviations that do not materially impair use in accordance with the Contract do not constitute a defect.
18.2. The Customer must report an identifiable defect in text form without undue delay, describe it appropriately and give Yumzi a reasonable opportunity to investigate and remedy it.
18.3. In the event of a defect attributable to Yumzi, Yumzi is initially entitled to remedy the defect within a reasonable period. Only if the remedy ultimately fails, is unreasonable or is refused may the Customer pursue further remedies permitted by law.
18.4. In particular, no warranty applies to restrictions or errors caused by:
• inaccurate, incomplete or unreviewed Customer Data;
• systems, devices, browsers, networks or services outside Yumzi's area of responsibility;
• unsupported or outdated technical environments;
• unauthorised interference, changes or use contrary to the Contract;
• unavailability of third-party interfaces or providers;
• features expressly identified as beta, preview or test; or
• the substantive quality of automated imports, outputs or translations.
18.5. Guarantees or warranted characteristics exist only where Yumzi expressly identifies them as such in text form.
19. Liability
19.1. Yumzi has unlimited liability for damage caused intentionally, personal injury and in cases of mandatory statutory liability.
19.2. Yumzi is liable for damage caused by gross negligence in accordance with statutory provisions. For damage caused by slight negligence, Yumzi is liable only for breach of a material contractual obligation whose performance is essential for proper execution of the Contract and on whose performance the Customer may typically rely. Such liability is limited to damage typically foreseeable when the Contract was formed.
19.3. To the extent permitted by law, Yumzi's total liability arising out of or in connection with the Contract for slight negligence in each contract year is limited to the net fees paid by the Customer for the directly affected Service in the twelve months preceding the event giving rise to liability. If the Contract has been in effect for less than twelve months, the amount actually paid is decisive.
19.4. To the extent permitted by law, Yumzi is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, unrealised savings, business interruption, reputational damage or loss of data. Liability under Sections 19.1 and 19.2 and any mandatory statutory liability remain unaffected.
19.5. In particular, Yumzi is not liable to the extent that damage or a claim was caused by any of the following circumstances attributable to the Customer and Yumzi is not itself responsible under Sections 19.1 or 19.2 because the Customer:
• publishes inaccurate, incomplete or outdated content;
• adopts automated imports, recommendations or translations without review;
• fails to provide legally required information correctly, in particular allergens, ingredients or prices;
• does not hold the required rights or consents;
• uses the Service contrary to these Terms of Use; or
• despite identifiable errors, fails to take reasonable backup or remedial measures of its own.
19.6. Yumzi is liable for disruptions to internet connections, end devices, browsers, payment services, hosting, cloud, CDN, email or other third-party services only to the extent that Yumzi itself is responsible for the disruption under the preceding rules.
19.7. The above limitations of liability also apply for the benefit of Yumzi's corporate bodies, employees, representatives and agents.
20. Indemnification for Third-Party Claims
20.1. The Customer shall indemnify and hold Yumzi harmless against justified third-party claims arising from unlawful use of the Service attributable to the Customer, from Customer Data or from a culpable breach of these Terms of Use.
20.2. The indemnification includes reasonable and necessary legal defence costs. Yumzi will notify the Customer of a claim without undue delay, allow the Customer reasonable participation in the defence and, without the Customer's consent, will not make any admission or enter into any settlement that directly obligates the Customer, unless immediate action is legally required.
20.3. The indemnification does not apply to the extent that Yumzi itself caused or aggravated the claim.
21. Suspension and Termination by Yumzi
21.1. Yumzi may temporarily restrict or suspend the Service if:
• due payments remain outstanding despite a reasonable additional payment period;
• there is a reasonable suspicion of unlawful, fraudulent or security-compromising use;
• Customer Data infringes third-party rights or is manifestly unlawful;
• the Customer materially impairs the Service or other Users; or
• suspension is necessary to prevent damage or comply with legal obligations.
21.2. Yumzi generally informs the Customer before a suspension and, where appropriate, gives it an opportunity to remedy the issue. Immediate action is permitted where prior notice would jeopardise the purpose of the measure, an urgent risk exists, or a public authority or the law requires immediate action.
21.3. In the event of a material breach of Contract, Yumzi may terminate the Contract for cause. If the breach can be remedied, Yumzi will generally first give an appropriate warning and reasonable period to remedy it.
21.4. If Yumzi validly terminates for cause attributable to the Customer, the Customer is not entitled to a refund of fees already paid. Yumzi's outstanding claims remain unaffected.
21.5. Yumzi may terminate the Contract for convenience at the end of a Billing Period that ends no earlier than 30 days after the Customer receives notice of termination. If, exceptionally, Yumzi has to discontinue the entire affected Service before the end of an already paid period without cause attributable to the Customer, the fee attributable to the period no longer provided will be refunded on a pro rata basis.
21.6. After the Contract ends, the provisions concerning data export and deletion in Section 17 apply.
22. Confidentiality
22.1. Each party must keep confidential the other party's non-public commercial, technical and organisational information that is marked as confidential or is recognisably confidential by its nature.
22.2. The information may be used only to perform the Contract and may be made available only to employees, advisers and service providers who need it for that purpose and are subject to appropriate confidentiality obligations.
22.3. Information is not confidential if it can be shown to be publicly known, lawfully obtained from third parties, independently developed or required to be disclosed by law.
22.4. Menu data intentionally published to the public by the Customer is not confidential to the extent of its publication.
23. Communications
23.1. Contractual, security, payment, Trial, maintenance and Service information may be sent to the email address stored in the Account or delivered through notices in the Service.
23.2. The Customer must keep its contact details up to date and ensure that it can receive business-related Service communications.
23.3. Advertising and newsletters are sent only in accordance with the applicable legal requirements. Acceptance of these Terms of Use does not constitute blanket consent to electronic advertising.
24. Changes to These Terms of Use
24.1. New Contracts are governed by the version incorporated when the Contract is formed.
24.2. Yumzi may amend these Terms of Use for existing Contracts where this is required due to legal or regulatory requirements, to close security gaps or gaps in the contractual provisions, to reflect technical changes or to develop the Service appropriately, and where the amendment is reasonable for the Customer.
24.3. Changes will be communicated in text form at least 30 days before they take effect. The notice explains the material changes, their effective date and the Customer's rights.
24.4. Material changes that alter the contractual balance to the Customer's disadvantage apply only with the Customer's consent or to a renewal beginning after the current Billing Period has ended. The Customer may cancel before that renewal begins.
24.5. Purely editorial changes, clarifications and mandatorily required legal or security-related adjustments may take effect after the announced notice period, provided that they do not adversely change the primary service, the price or the Customer's material rights.
24.6. If the Customer objects to a change that is not required to take effect immediately, the previous version remains applicable until the end of the current Billing Period. In that case, Yumzi may terminate the Contract at the end of that period.
25. Force Majeure
25.1. Neither party is liable for delay or non-performance to the extent caused by an event outside its reasonable control that could not have been prevented with reasonable care. Such events may include, in particular, natural events, war, terrorism, strikes, government action, widespread network or energy outages, cyberattacks on general infrastructure and comparable events.
25.2. Where possible, the affected party informs the other party of the nature and expected duration of the disruption and uses reasonable efforts to limit its effects.
25.3. If a material and complete interruption of performance continues for more than 30 days, either party may terminate the affected Contract for cause. Fees paid in advance for a service period no longer provided thereafter will be refunded on a pro rata basis.
26. Governing Law and Jurisdiction
26.1. Austrian law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
26.2. For business customers, the court having subject-matter jurisdiction at the registered office of Yumzi GmbH in Vienna has exclusive jurisdiction over all disputes arising out of or in connection with the Contract.
26.3. Mandatory statutory places of jurisdiction remain unaffected.
27. Final Provisions
27.1. The Customer may transfer rights and obligations under the Contract only with Yumzi's prior consent. Yumzi may transfer the Contract to a legal successor as part of a business transfer or restructuring, provided that this does not materially impair the Customer's legitimate interests.
27.2. Yumzi may use suitable subcontractors and service providers to perform the Contract.
27.3. A waiver of a right is effective only if expressly declared. A delay or failure to exercise a right does not constitute a permanent waiver.
27.4. If any provision of these Terms of Use is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the applicable statutory provision. The same applies to omissions in these Terms of Use.
27.5. In the event of inconsistencies, the following order of precedence applies unless otherwise specified in the relevant document:
• an individual written agreement;
• the checkout or order or contract confirmation;
• a separate service agreement or data processing agreement;
• these Terms of Use; and
• the general product description.
27.6. Headings are for convenience only and do not affect interpretation.
Effective date: August 4, 2026
Version: 2.0
1. Provider and Scope
1.1. The provider of the software made available under the Yumzi brand and the Customer's contracting party is:
Yumzi GmbH
Arnethgasse 40/6
1160 Vienna
Austria
Commercial Register No.: FN 610431v
Commercial Register Court: Commercial Court of Vienna
VAT ID: ATU80026927
Email for contractual matters:
Support:
1.2. These Terms of Use apply to the use of the web-based software provided by Yumzi, the associated websites, public menu pages and any other services expressly included (collectively, the "Service").
1.3. The Service is intended exclusively for business customers, in particular hospitality businesses and other persons or organisations using the Service in the course of their independent professional or commercial activities. Contracts with consumers are not offered. By entering into the Contract, the Customer confirms that it is doing so exclusively for business purposes. A person acting on behalf of a legal entity or other organisation also confirms that they are authorised to represent that entity or organisation.
1.4. Merely claiming business status does not exclude mandatory statutory consumer protection rights. If a User is found to be acting legally as a consumer, any mandatory statutory rights remain unaffected. In such a case, Yumzi may reject the registration or terminate the Contract while appropriately respecting any mandatory rights.
1.5. Individual agreements that deviate from these Terms of Use take precedence. The Customer's general terms and conditions apply only if Yumzi has expressly accepted them in text form.
2. Definitions
For the purposes of these Terms of Use, the following definitions apply:
• Customer: the business customer entering into the Contract with Yumzi.
• User: a natural person using the Service on behalf of the Customer.
• Account: the personal or organisation-based access to the Service.
• Location: a hospitality business or other operating unit for which a menu is managed or published.
• Customer Data: all content and information entered, uploaded, imported, generated or intended for publication by the Customer or its Users.
• Billing Period: the period of one, six, twelve or 24 months selected at checkout for which the Subscription is billed in advance.
• Trial: the free trial period shown at checkout, which is seven days by default.
3. Registration and Contract Formation
3.1. The presentation of plans and features on the website does not constitute a binding offer. By completing the checkout and accepting the terms displayed there, the Customer submits an offer to enter into a Contract.
3.2. Before completion, the Customer is shown, in particular, the selected plan, Billing Period, billing currency, total price due for that period, applicable taxes, start and end of the Trial, date of the first charge and the automatic renewal terms. The Customer can correct input errors before submitting its declaration.
3.3. The Contract is formed when Yumzi electronically confirms the registration or start of the Trial, or activates the Service. The Customer receives an electronic contract confirmation at the email address provided by the Customer.
3.4. The Customer must provide complete and accurate information during registration and billing and keep that information up to date. This includes, in particular, the company name, billing address, country, contact address, authority to represent the Customer and, where applicable, a valid VAT identification number.
3.5. The contract language is generally German. Translations may be provided for convenience. In the event of any inconsistency, the German version prevails, unless mandatory law provides otherwise.
3.6. Yumzi stores the version of these Terms of Use incorporated into the Contract and makes it available to the Customer in a form that can be saved and reproduced.
4. Subject Matter and Scope of the Service
4.1. For the term of the Contract, Yumzi provides the Customer with a web-based software-as-a-service solution for managing and publishing digital menus. The specific scope of features is determined by the plan selected when the Contract is formed, the checkout, the contract confirmation and the product description applicable at the time of contract formation; subsequent changes are governed by Section 11.
4.2. The core service is the technical ability to manage menu data within the booked scope and make it available through output channels supported by Yumzi. Yumzi does not owe any particular commercial, design, legal or operational outcome.
4.3. Unless expressly agreed on an individual basis, the Service does not include personal consulting, legal advice, tax advice, food-related advice, professional translation services, individual design services, data entry, migration, training or any other service performed by Yumzi personnel.
4.4. Statements on the website concerning potential increases in revenue, cost savings, time savings, reach, conversion rates or other results are general examples, experience-based values, estimates or scenarios based on specific assumptions. They do not constitute a guarantee, assurance or agreed product characteristic for any individual Customer.
4.5. The Customer is entitled to specific future features, integrations, developments or release dates only if these have been expressly agreed in text form.
5. Licence and Accounts
5.1. For the term of the Contract, Yumzi grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service within the agreed scope for the Customer's own business purposes.
5.2. The Customer may create access for authorised employees and other persons engaged by it to the extent covered by the booked scope. The Customer is responsible for their actions and their compliance with these Terms of Use.
5.3. Login credentials must be kept confidential and must not be disclosed to unauthorised persons. The Customer must notify Yumzi without undue delay if it suspects unauthorised access or a security incident. Yumzi may temporarily suspend affected access where necessary to protect the Customer, other Users or the Service.
5.4. Without Yumzi's express consent, the Customer may not resell or rent out the Service, offer it as its own software service or permanently make it available for use by third parties outside the Customer's organisation. This does not affect the publication of the Customer's own menus for guests or authorised cooperation with the Customer's service providers.
5.5. Agencies, consultants and other business service providers may use the Service within the booked scope to manage their clients' menus, provided that they are sufficiently authorised to do so. They remain responsible to Yumzi for the use of the Service, Customer Data, the required rights and all payment obligations. This does not create a separate contractual relationship between Yumzi and the client being managed.
6. Locations, Plans and Billing Scope
6.1. Unless otherwise stated at checkout or in an individual agreement, a Subscription applies to one Location. Additional Locations may require a separate Subscription or a corresponding extension.
6.2. The price, term and Billing Period for additional Locations are displayed before they are activated for a fee. Unless expressly indicated otherwise, additional Locations are charged for a full Billing Period and not on a pro rata basis.
6.3. Yumzi may offer different plans, terms and feature scopes. Only the selection documented in the checkout and contract confirmation is binding.
6.4. Plan changes, upgrades and downgrades are governed by the terms displayed in the Service at the time of the change. A downgrade may only take effect at the end of the current Billing Period and may result in the loss of features or capacities no longer included. Yumzi informs the Customer of the material consequences before such a change.
7. Free Trial
7.1. Where offered at checkout, the Contract begins with a seven-day free Trial. The start, end and time of the subsequent first charge are specifically shown at checkout and in the contract confirmation.
7.2. To start the Trial, the Customer must select a plan and provide the payment service provider used by Yumzi with a valid payment method suitable for recurring payments. No fee is charged for the selected Subscription during the Trial unless expressly stated otherwise at checkout.
7.3. If the Customer cancels the Trial before the displayed end time, no first subscription fee is charged. Cancellation during the Trial generally ends access immediately unless a later end time is expressly displayed in the Service.
7.4. If the Customer does not cancel in time, the Trial automatically converts into the paid Subscription previously selected. At that point, the total price shown at checkout for the full selected Billing Period becomes due and is charged to the payment method on file.
7.5. Under the process currently envisaged, Yumzi sends an additional reminder to the email address on file approximately two days before the Trial ends. The reminder supplements the information already provided at checkout and in the contract confirmation. Receipt of the reminder is not a condition for the conversion to the paid Subscription. This applies in particular if the reminder is not received due to inaccurate or outdated contact information, spam filters, disruptions to third-party email services or other circumstances outside Yumzi's control.
7.6. Unless expressly offered otherwise, each Customer or economically related group of companies may use a free Trial only once per Location. Yumzi may reject or terminate duplicate or abusive Trial accounts.
8. Contract Term, Automatic Renewal and Cancellation
8.1. After the Trial ends, the Subscription runs for the Billing Period of one, six, twelve or 24 months selected at checkout. The applicable subscription fee is charged in advance for the entire Billing Period.
8.2. The Subscription automatically renews for the same period for which it was previously billed. A monthly Subscription therefore renews for one month, a six-month Subscription for six months, a twelve-month Subscription for twelve months and a 24-month Subscription for a further 24 months.
8.3. The fee for each renewal period is automatically charged to the payment method on file at the start of that period. The next renewal date is shown in the Service or by the payment service provider.
8.4. The Customer may cancel the Subscription at any time using the cancellation function provided in the dashboard or by the payment service provider. If that function is temporarily unavailable, cancellation may be declared in text form by emailing
. To be effective in time, Yumzi must demonstrably receive the cancellation before the start of the next Billing Period. Yumzi confirms the recorded cancellation electronically.8.5. A cancellation made during an already paid Billing Period takes effect at the end of that period. The Service remains available within the agreed scope until then. No further renewals or charges occur thereafter.
8.6. Fees already due or paid are not refunded on a pro rata basis in the event of cancellation, mere non-use or the Customer ceasing use early. This does not affect demonstrable erroneous or duplicate charges, early termination initiated by Yumzi without cause, or mandatory statutory claims.
8.7. Business customers have no consumer-law right of withdrawal or cancellation. Any mandatory rights of a person who, contrary to the intended B2B restriction, is legally classified as a consumer remain unaffected.
9. Prices, Taxes and Payment Processing
9.1. The total price displayed at checkout in the currency stated there is binding. Monthly comparison prices for longer terms are for illustration only; the amount shown for the full Billing Period is due.
9.2. Unless stated otherwise, prices are net amounts plus any legally applicable taxes and charges. Tax treatment depends in particular on business status, place of supply, billing address and, where applicable, a valid VAT identification number. Reverse charge treatment applies only where the legal requirements are met.
9.3. The Customer is responsible for ensuring that its billing and tax information is accurate and up to date. It must notify Yumzi or the payment service provider of changes without undue delay. If inaccurate information results in retrospective taxes, interest, fees or reasonable expenses, Yumzi may require reimbursement to the extent the Customer is responsible for the inaccuracy.
9.4. Payments are processed through Stripe or another payment service provider identified at checkout. Payment data is processed in accordance with that payment service provider's terms. By completing checkout, the Customer authorises Yumzi and the payment service provider to collect recurring amounts as they become due using the payment method on file.
9.5. The Customer bears any fees charged by its bank or payment service provider, in particular foreign currency, international transaction or returned payment fees, unless caused by Yumzi. The amount displayed at checkout and in the contract confirmation remains binding.
9.6. If a payment fails or is late, Yumzi may arrange further collection attempts and ask the Customer to update its payment method. If payment remains outstanding despite a reasonable grace period, Yumzi may restrict or suspend the Service. The payment obligation and statutory consequences of default remain unaffected.
9.7. The Customer should report suspected erroneous or duplicate charges to
without undue delay so that they can be reviewed and, where appropriate, corrected. The Customer's statutory rights against its payment service provider remain unaffected.9.8. The Customer may set off claims only where they are undisputed or have been finally determined by a court. The Customer may exercise a right of retention only in respect of claims arising from the same contractual relationship. Mandatory statutory rights remain unaffected.
10. Price Changes
10.1. Price changes do not affect a Billing Period that has already been paid.
10.2. Yumzi may change prices for future renewal periods. The Customer will be informed in text form of an increase in the price payable by it at least 30 days before the increase takes effect. If, for monthly billing, this period does not extend to the immediately following renewal date, the increase will take effect no earlier than the subsequent renewal date.
10.3. The Customer may cancel the Subscription effective at the end of the current Billing Period before the price change takes effect. If the Customer continues the Subscription after the notified effective date, the announced price applies from the next renewal period.
10.4. Changes to statutory taxes and charges may be passed on from the date provided by law.
11. Development and Changes to the Service
11.1. The Service is continuously developed. Yumzi may adapt, consolidate, replace or discontinue features, interfaces, technical processes, integrations and workflows, in particular for improvement, security, legal compliance or adaptation to technical and economic developments.
11.2. Such changes are permitted provided they are reasonable for the Customer and do not materially impair the core digital menu management function or the material purpose of the Contract.
11.3. Yumzi will inform the Customer within a reasonable period of a material adverse change affecting the Customer. If Yumzi cannot provide a commercially reasonable alternative and the purpose of the Contract is materially impaired, the Customer may terminate the affected Contract for cause when the change takes effect. Fees paid in advance for the period no longer provided thereafter will be refunded on a pro rata basis.
11.4. New features may be added to existing plans at no additional charge or offered as a separately paid extension. The Customer is entitled to use new features free of charge only if they are expressly assigned to the booked plan.
11.5. Features identified as "beta", "preview", "test" or similar may be incomplete, changed or discontinued. They are not part of the contractual core service unless expressly agreed otherwise.
12. Customer Obligations and Permitted Content
12.1. The Customer is solely responsible for all content it enters, imports, adopts, edits, approves or publishes through the Service. Before publication and after every relevant change, the Customer must review Customer Data for accuracy, completeness, currency and legality.
12.2. The Customer is responsible in particular for:
• prices, product and dish names, descriptions and availability;
• ingredients, additives, allergens, nutritional values, origin information, dietary information and other mandatory information;
• the accuracy of all translations and automatically generated content;
• compliance with food, pricing, competition, youth protection, labelling and other regulations applicable to its business;
• all required rights and consents for text, trademarks, logos, images, videos, music and other content; and
• the lawful collection and entry of third-party personal data.
12.3. In particular, the Customer may not provide content or engage in conduct through the Service that:
• is unlawful, misleading, discriminatory, insulting or harmful to minors;
• infringes third-party rights, including copyright, trademark, personality or data protection rights;
• contains or enables malware, malicious code or unauthorised automated access;
• impairs the security, integrity, availability or performance of the Service;
• abusively copies, reverse engineers, circumvents or extracts the Service for the purpose of building a substantially identical competing service; or
• uses false identities, unauthorised payment information or manipulated usage data.
12.4. The Customer must report identifiable errors or security issues without undue delay and reasonably cooperate in their analysis and remediation.
12.5. Notices concerning allegedly unlawful content made publicly available may be sent to
, specifying the exact URL, a comprehensible explanation and the reporting person's contact details. Yumzi reviews such notices in accordance with applicable legal obligations and may restrict or remove affected content in accordance with Section 21.13. Automated Features, Imports and Translations
13.1. The Service may include automated or artificial-intelligence-based features, in particular for identifying, structuring, drafting, translating, categorising or recommending menu data.
13.2. Automatically generated or imported results are drafts and working aids. They may be incomplete, ambiguous, inaccurate or incorrect. Yumzi does not guarantee their accuracy or fitness for a particular purpose.
13.3. The Customer may publish or operationally use such results only after it has professionally reviewed and approved them. This applies in particular to allergens, ingredients, health-related information, prices, translations and legally required information.
13.4. Automated translations do not replace professional translation. Yumzi does not guarantee that terms, cultural meanings, allergen information or legally required information are accurately rendered in a target language.
13.5. Through automated features, Yumzi does not provide legal, tax, dietary, health or food-related advice. The Customer remains fully responsible for its published information and its business.
14. Rights in Customer Data and the Service
14.1. The Customer retains its existing rights in Customer Data.
14.2. For the term of the Contract and for technically necessary processing, backup and deletion periods, the Customer grants Yumzi a non-exclusive, worldwide and royalty-free right to use Customer Data solely to provide, secure, technically process, convert, translate, display, publish and troubleshoot the Service features provided to the Customer. This grant does not include use for unrelated purposes or for training general-purpose AI models.
14.3. Where the Customer publishes content publicly, the licence also includes retrieval and display of that content for guests and other persons addressed by the Customer. The Customer may end public availability using the functions provided in the Service.
14.4. The Customer represents that it has all rights and consents required for use in accordance with the Contract.
14.5. All rights in the Service, software, data models, technical processes, user interfaces, templates, trademarks and documentation remain with Yumzi or the respective licensors. The Customer's rights in its own content remain unaffected.
14.6. Yumzi may use voluntary feedback free of charge to develop the Service, provided that no confidential information of the Customer is disclosed in the process.
15. Third-Party Services and Systems
15.1. Yumzi uses specialised third parties to provide the Service, for example for hosting, content delivery, email delivery, payment processing, translation, analytics or technical infrastructure.
15.2. Features may depend on the availability and technical conditions of such third-party providers, networks and interfaces. Yumzi does not undertake to provide services owed by third parties and is not liable for disruptions, delays or changes beyond Yumzi's reasonable control. Yumzi's responsibility for culpable selection, instruction or supervision of a service provider it uses remains unaffected in accordance with Section 19.
15.3. If the Customer independently connects the Service to third-party offerings or follows external links, the terms and privacy information of the respective third party apply to those offerings. Yumzi is not a party to any legal transaction entered into between the Customer and the third party.
16. Availability, Maintenance and Support
16.1. Yumzi uses commercially and technically reasonable efforts to provide the Service reliably. However, no particular level of availability, uninterrupted use or freedom from errors is guaranteed. A service level agreement exists only if expressly agreed in text form.
16.2. Temporary restrictions may arise in particular from maintenance, security updates, technical disruptions, overload, internet or network failures, third-party providers, force majeure or necessary protective measures.
16.3. Planned maintenance with a material impact will be announced in advance where possible. Emergency maintenance and security-related measures may be performed without prior notice.
16.4. Standard support is provided on a reasonable-efforts basis through the channels announced by Yumzi. No response, processing or resolution times are guaranteed. Individual consulting, setup or ongoing data maintenance is not part of standard support.
16.5. The Customer must describe support requests as specifically as reasonably possible and provide information required to reproduce an error. Yumzi is not obliged to request the Customer's credentials or remotely access the Customer's systems.
17. Backups, Export and Consequences of Termination
17.1. The Customer is responsible for appropriately backing up original files and business-critical information outside the Service. Yumzi's technical backups support operational stability and do not constitute an individual archive or guaranteed recovery service for the Customer.
17.2. During the term of the Contract, the Customer may use available export functions or request delivery of its menu data in a reasonable format that is technically available to Yumzi. Unless separately agreed, the Customer is not entitled to individual migration, data preparation or any particular custom format.
17.3. Access to the Service ends when termination of the Contract takes effect. Public menu pages and other publications may be deactivated.
17.4. Unless statutory retention obligations, security interests or different agreements apply, Yumzi generally keeps Customer Data available for potential delivery for 30 days after the Contract ends. It may then be deleted or anonymised. Data in technically necessary backup copies may remain for up to 90 days and will not be used for production purposes during that period.
17.5. The Customer must request any desired export in due time and no later than within the 30-day period. After that period expires, the Customer is not entitled to restoration of data that has already been deleted.
17.6. The processing of personal data is additionally governed by the Privacy Policy and, where required, a separate data processing agreement.
18. Defects and Warranty
18.1. To the extent required by law, Yumzi warrants that the contractual core service will substantially conform to the agreed product description during the term of the Contract. Insignificant deviations that do not materially impair use in accordance with the Contract do not constitute a defect.
18.2. The Customer must report an identifiable defect in text form without undue delay, describe it appropriately and give Yumzi a reasonable opportunity to investigate and remedy it.
18.3. In the event of a defect attributable to Yumzi, Yumzi is initially entitled to remedy the defect within a reasonable period. Only if the remedy ultimately fails, is unreasonable or is refused may the Customer pursue further remedies permitted by law.
18.4. In particular, no warranty applies to restrictions or errors caused by:
• inaccurate, incomplete or unreviewed Customer Data;
• systems, devices, browsers, networks or services outside Yumzi's area of responsibility;
• unsupported or outdated technical environments;
• unauthorised interference, changes or use contrary to the Contract;
• unavailability of third-party interfaces or providers;
• features expressly identified as beta, preview or test; or
• the substantive quality of automated imports, outputs or translations.
18.5. Guarantees or warranted characteristics exist only where Yumzi expressly identifies them as such in text form.
19. Liability
19.1. Yumzi has unlimited liability for damage caused intentionally, personal injury and in cases of mandatory statutory liability.
19.2. Yumzi is liable for damage caused by gross negligence in accordance with statutory provisions. For damage caused by slight negligence, Yumzi is liable only for breach of a material contractual obligation whose performance is essential for proper execution of the Contract and on whose performance the Customer may typically rely. Such liability is limited to damage typically foreseeable when the Contract was formed.
19.3. To the extent permitted by law, Yumzi's total liability arising out of or in connection with the Contract for slight negligence in each contract year is limited to the net fees paid by the Customer for the directly affected Service in the twelve months preceding the event giving rise to liability. If the Contract has been in effect for less than twelve months, the amount actually paid is decisive.
19.4. To the extent permitted by law, Yumzi is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, unrealised savings, business interruption, reputational damage or loss of data. Liability under Sections 19.1 and 19.2 and any mandatory statutory liability remain unaffected.
19.5. In particular, Yumzi is not liable to the extent that damage or a claim was caused by any of the following circumstances attributable to the Customer and Yumzi is not itself responsible under Sections 19.1 or 19.2 because the Customer:
• publishes inaccurate, incomplete or outdated content;
• adopts automated imports, recommendations or translations without review;
• fails to provide legally required information correctly, in particular allergens, ingredients or prices;
• does not hold the required rights or consents;
• uses the Service contrary to these Terms of Use; or
• despite identifiable errors, fails to take reasonable backup or remedial measures of its own.
19.6. Yumzi is liable for disruptions to internet connections, end devices, browsers, payment services, hosting, cloud, CDN, email or other third-party services only to the extent that Yumzi itself is responsible for the disruption under the preceding rules.
19.7. The above limitations of liability also apply for the benefit of Yumzi's corporate bodies, employees, representatives and agents.
20. Indemnification for Third-Party Claims
20.1. The Customer shall indemnify and hold Yumzi harmless against justified third-party claims arising from unlawful use of the Service attributable to the Customer, from Customer Data or from a culpable breach of these Terms of Use.
20.2. The indemnification includes reasonable and necessary legal defence costs. Yumzi will notify the Customer of a claim without undue delay, allow the Customer reasonable participation in the defence and, without the Customer's consent, will not make any admission or enter into any settlement that directly obligates the Customer, unless immediate action is legally required.
20.3. The indemnification does not apply to the extent that Yumzi itself caused or aggravated the claim.
21. Suspension and Termination by Yumzi
21.1. Yumzi may temporarily restrict or suspend the Service if:
• due payments remain outstanding despite a reasonable additional payment period;
• there is a reasonable suspicion of unlawful, fraudulent or security-compromising use;
• Customer Data infringes third-party rights or is manifestly unlawful;
• the Customer materially impairs the Service or other Users; or
• suspension is necessary to prevent damage or comply with legal obligations.
21.2. Yumzi generally informs the Customer before a suspension and, where appropriate, gives it an opportunity to remedy the issue. Immediate action is permitted where prior notice would jeopardise the purpose of the measure, an urgent risk exists, or a public authority or the law requires immediate action.
21.3. In the event of a material breach of Contract, Yumzi may terminate the Contract for cause. If the breach can be remedied, Yumzi will generally first give an appropriate warning and reasonable period to remedy it.
21.4. If Yumzi validly terminates for cause attributable to the Customer, the Customer is not entitled to a refund of fees already paid. Yumzi's outstanding claims remain unaffected.
21.5. Yumzi may terminate the Contract for convenience at the end of a Billing Period that ends no earlier than 30 days after the Customer receives notice of termination. If, exceptionally, Yumzi has to discontinue the entire affected Service before the end of an already paid period without cause attributable to the Customer, the fee attributable to the period no longer provided will be refunded on a pro rata basis.
21.6. After the Contract ends, the provisions concerning data export and deletion in Section 17 apply.
22. Confidentiality
22.1. Each party must keep confidential the other party's non-public commercial, technical and organisational information that is marked as confidential or is recognisably confidential by its nature.
22.2. The information may be used only to perform the Contract and may be made available only to employees, advisers and service providers who need it for that purpose and are subject to appropriate confidentiality obligations.
22.3. Information is not confidential if it can be shown to be publicly known, lawfully obtained from third parties, independently developed or required to be disclosed by law.
22.4. Menu data intentionally published to the public by the Customer is not confidential to the extent of its publication.
23. Communications
23.1. Contractual, security, payment, Trial, maintenance and Service information may be sent to the email address stored in the Account or delivered through notices in the Service.
23.2. The Customer must keep its contact details up to date and ensure that it can receive business-related Service communications.
23.3. Advertising and newsletters are sent only in accordance with the applicable legal requirements. Acceptance of these Terms of Use does not constitute blanket consent to electronic advertising.
24. Changes to These Terms of Use
24.1. New Contracts are governed by the version incorporated when the Contract is formed.
24.2. Yumzi may amend these Terms of Use for existing Contracts where this is required due to legal or regulatory requirements, to close security gaps or gaps in the contractual provisions, to reflect technical changes or to develop the Service appropriately, and where the amendment is reasonable for the Customer.
24.3. Changes will be communicated in text form at least 30 days before they take effect. The notice explains the material changes, their effective date and the Customer's rights.
24.4. Material changes that alter the contractual balance to the Customer's disadvantage apply only with the Customer's consent or to a renewal beginning after the current Billing Period has ended. The Customer may cancel before that renewal begins.
24.5. Purely editorial changes, clarifications and mandatorily required legal or security-related adjustments may take effect after the announced notice period, provided that they do not adversely change the primary service, the price or the Customer's material rights.
24.6. If the Customer objects to a change that is not required to take effect immediately, the previous version remains applicable until the end of the current Billing Period. In that case, Yumzi may terminate the Contract at the end of that period.
25. Force Majeure
25.1. Neither party is liable for delay or non-performance to the extent caused by an event outside its reasonable control that could not have been prevented with reasonable care. Such events may include, in particular, natural events, war, terrorism, strikes, government action, widespread network or energy outages, cyberattacks on general infrastructure and comparable events.
25.2. Where possible, the affected party informs the other party of the nature and expected duration of the disruption and uses reasonable efforts to limit its effects.
25.3. If a material and complete interruption of performance continues for more than 30 days, either party may terminate the affected Contract for cause. Fees paid in advance for a service period no longer provided thereafter will be refunded on a pro rata basis.
26. Governing Law and Jurisdiction
26.1. Austrian law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
26.2. For business customers, the court having subject-matter jurisdiction at the registered office of Yumzi GmbH in Vienna has exclusive jurisdiction over all disputes arising out of or in connection with the Contract.
26.3. Mandatory statutory places of jurisdiction remain unaffected.
27. Final Provisions
27.1. The Customer may transfer rights and obligations under the Contract only with Yumzi's prior consent. Yumzi may transfer the Contract to a legal successor as part of a business transfer or restructuring, provided that this does not materially impair the Customer's legitimate interests.
27.2. Yumzi may use suitable subcontractors and service providers to perform the Contract.
27.3. A waiver of a right is effective only if expressly declared. A delay or failure to exercise a right does not constitute a permanent waiver.
27.4. If any provision of these Terms of Use is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the applicable statutory provision. The same applies to omissions in these Terms of Use.
27.5. In the event of inconsistencies, the following order of precedence applies unless otherwise specified in the relevant document:
• an individual written agreement;
• the checkout or order or contract confirmation;
• a separate service agreement or data processing agreement;
• these Terms of Use; and
• the general product description.
27.6. Headings are for convenience only and do not affect interpretation.