General Terms and Conditions (GTC)
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts between
CheckTik UG (haftungsbeschränkt)
Buhrowstr 20B
12167 Berlin
Germany
– hereinafter referred to as "CheckTik" –
and its customers (especially restaurants and gastronomy businesses) utilizing CheckTik's software and platform solutions.
Deviating terms and conditions of the customer shall not be recognized unless CheckTik expressly agrees to their validity in writing.
2. Service Description
CheckTik provides a digital platform for gastronomy businesses, which may include the following features among others:
- Digital menus
- Online reservations
- Digital ordering
- Online payments
- Digital pager systems
- Guest apps and restaurant apps
The exact scope of services is derived from the respective contract or offer.
CheckTik reserves the right to further develop, improve or adapt platform features, provided this is reasonable for the customer.
3. Registration and Use
Registration may be required to use the platform.
The customer undertakes to provide truthful information during registration.
Access data must be treated confidentially and may not be shared with unauthorized third parties.
The customer is responsible for all activities occurring through their user account.
4. Pricing and Remuneration
Use of the CheckTik platform may be subject to a fee.
Unless otherwise agreed, CheckTik charges a commission of 1% on the revenue generated through the platform.
Further prices, fees or commissions may result from an individual offer or contract.
All prices are exclusive of the applicable statutory value-added tax.
5. Payment Processing
If payments are processed via the platform, external payment service providers may be integrated.
The conditions of the respective payment providers also apply to checkouts.
CheckTik assumes no liability for errors or failures by external payment providers.
6. Customer Obligations
The customer specifically commits to:
- Using the platform solely within the scope of applicable laws
- Not publishing any unlawful content
- Not causing any technical disruptions or carrying out manipulations
- Providing all required legal information to guests (e.g., prices, allergens, legal notice)
7. Platform Availability
CheckTik endeavors to provide largely uninterrupted availability of the platform.
However, maintenance work, technical disruptions, or force majeure can lead to temporary limitations.
A claim to constant and uninterrupted use does not exist.
8. Liability
CheckTik is fully liable for:
- Intent
- Gross negligence
- Damages resulting from injury to life, body or health
In the event of slightly negligent violation of essential contractual obligations, liability is limited to typical, foreseeable damage.
A more extensive liability is excluded.
9. Contract Duration and Termination
The contract duration is derived from the specific contract or offer.
Unless a special term has been agreed, the contract may be terminated by either party with 30 days' notice to the end of a month.
The right to extraordinary termination for good cause remains unaffected.
10. Data Protection
The processing of personal data is carried out in accordance with CheckTik's privacy policy and the applicable data protection laws, specifically the General Data Protection Regulation (GDPR).
11. Amendments to the GTC
CheckTik reserves the right to amend these GTC at any time.
The customer will be notified of changes in due time.
If the customer does not object within 14 days, the changes are considered accepted.
12. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is, to the extent legally permissible, Berlin.
13. Final Provisions
If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected.