General Terms and Conditions

(1) These General Terms and Conditions (hereinafter ‘Terms’) apply to all contracts between Code7Byte e.U., Berliner Ring 71/18, 8047 Graz, Austria, company registration number FN 644112z (Regional Court for Civil Matters Graz, hereinafter ‘Code7Byte’ or ‘Provider’) and its customers (hereinafter ‘Customer’) concerning the use of the modular ‘ResEcho’ software platform.

(2) Code7Byte's services are intended exclusively for businesses within the meaning of Section 1 KSchG (Austria) or Section 14 BGB (Germany). Contracts with consumers are excluded.

(3) These Terms govern the general conditions that apply across all modules. In addition, each module offered by Code7Byte is subject to module-specific terms and conditions (for example, the Terms and Conditions for ResMenu), which are published at /agb/<modul-slug> . In the event of any conflict, the module-specific terms take precedence insofar as the provision concerned relates to the scope of services or pricing of that module.

(4) Any general terms and conditions of the Customer that deviate from, conflict with or supplement these Terms do not form part of the contract unless Code7Byte expressly agrees to their application in writing.

(5) ResEcho services may also be purchased through independent resellers. Such resellers act in their own name and for their own account. A direct contract between Code7Byte and the end customer is formed as soon as the end customer begins using the ResEcho software; these Terms apply in full. The reseller alone is liable for any additional services it provides (installation, training or on-site support).

(1) Code7Byte provides the Customer with the ResEcho platform for use over the internet as software as a service. The platform consists of modular components (hereinafter ‘Modules’). The Customer can subscribe to and activate individual Modules on a self-service basis.

(2) The Modules currently available, their scope of functions and their plans are set out on the relevant product pages at resecho.com and in the corresponding module-specific terms. The plan and feature configuration shown during the ordering process is authoritative.

(3) Code7Byte reserves the right to further develop individual Modules, add or improve functions, or replace non-essential functions with equivalent ones, provided this does not materially impair performance of the contract as a whole. Functional improvements within the subscribed plan are included in the fee. Functions provided in a higher plan or another Module must be purchased separately.

(4) The ResEcho platform is provided exclusively as a cloud service . Use requires an active internet connection supplied by the Customer. Offline operation is neither provided nor owed.

(5) Code7Byte is not obliged to provide consulting, installation, training or on-site services unless these have been expressly agreed separately. The software is set up by the Customer or through an independent reseller.

(6) Where certain Modules require additional third-party services (in particular payment services from Stripe, cash-register security from Fiskaly or optional third-party hardware), the relevant third-party terms also apply. Code7Byte does not act as the contracting party of those third parties in this respect.

(1) The presentation of ResEcho Modules on the website does not constitute a binding offer but an invitation to submit an offer.

(2) The Customer submits its contractual offer by registering a customer account, selecting the chosen plan for a Module during the ordering process, entering the required information and confirming the order with binding effect (‘Place order with obligation to pay’ or an equivalent button).

(3) The contract is formed when payment confirmation is received from the payment service provider Stripe. The first billing period begins upon payment confirmation and the subscribed Module is activated in the customer account.

(4) The contractual language is German. Code7Byte stores the contract text and makes it accessible to the Customer through the customer account.

(1) The prices displayed on the website at the time of the order apply. All prices are net amounts in euros and are subject to statutory VAT (currently 20% in Austria), provided Code7Byte is liable for VAT and no exemption applies.

(2) Reverse-charge procedure: EU businesses outside Austria with a valid VAT identification number are invoiced without Austrian VAT; the tax liability is transferred to the recipient of the service (reverse charge pursuant to Article 196 of the VAT Directive).

(3) Billing takes place in advance for the relevant billing period (monthly or annually, depending on the selected model). Payment is processed through Stripe Payments Europe, Limited using the payment method stored by the Customer.

(4) For recurring billing, the Customer authorises Code7Byte to collect amounts due automatically using the stored payment method. The Customer must ensure that the stored payment method remains valid and has sufficient funds throughout the contract term.

(5) Price adjustments: Code7Byte may adjust prices at any time, including more than once per calendar year. Code7Byte will notify the Customer of each price adjustment by email to the address stored in the customer account at least 30 days before it takes effect .

(6) Effective date of the adjustment: The adjusted prices apply from the next billing period beginning after the 30-day notice period has expired. Billing periods already paid for and still in progress remain unaffected; the price paid applies until their regular end date.

(7) Acceptance by not cancelling: If the Customer does not wish to accept the announced price adjustment, the Customer may cancel the contract in accordance with § 5(3). If the Customer does not cancel by the end of the current billing period, the adjusted prices are deemed accepted for the following period. There is no separate extraordinary right of cancellation on account of a price adjustment; the ordinary cancellation option under § 5(3) continues to apply.

(8) Invoices are made available to the Customer electronically in PDF format. The Customer waives any additional delivery on paper.

(1) The contract is concluded for an indefinite term , but at least for the selected billing period (month or year).

(2) Renewal: At the end of each billing period, the contract renews automatically for another period of the same duration unless it has been cancelled beforehand.

(3) Cancellation: Either party may cancel the contract at any time without a notice period. Cancellation takes effect at the end of the billing period in progress when the cancellation is received. Early termination with a pro-rata refund is excluded (see § 7).

(4) Cancellation is submitted using the function provided in the customer account or by email to office@code7byte.com. Cancellation in text form is sufficient; a signed written form is not required.

(5) The right to terminate for good cause remains unaffected. Good cause for Code7Byte includes, in particular:

• payment arrears of more than 30 days after Stripe's retry attempts (see § 8)
• material breaches by the Customer of § 9 of these Terms
• the opening of insolvency proceedings against the Customer's assets
• reasonable suspicion of misuse of the software

(6) The customer account is deactivated when the contract ends. Customer data is retained for restoration purposes for a period of 30 days. During this period, the Customer may export its data. Once the period has expired, the data is deleted unless statutory retention obligations prevent this.

(1) Upgrade: The Customer may switch to a higher plan within a subscribed Module at any time (e.g. Classic → Premium).

• The upgrade takes effect immediately .
• The end date of the current billing period remains unchanged.
• The price difference is calculated pro rata by Stripe and charged with the next invoice. The amount displayed during the ordering process is binding.

(2) Downgrading (switching to a lower plan) is not provided for. If the Customer wishes to use a lower plan, the Customer must cancel the existing contract in accordance with § 5 and, once it expires, enter into a new contract for the desired plan.

(3) Changing Modules and adding Modules: Adding further Modules during the ordering process creates a separate contract with its own billing period. These General Terms and the relevant module-specific terms apply separately to each Module.

Fees already paid will not be refunded. If the contract is cancelled or otherwise terminated, the contractual relationship ends at the end of the billing period already paid for; the Customer is not entitled to a pro-rata refund. Code7Byte retains paid fees as consideration for the agreed service period, irrespective of the extent to which the service was actually used.

(1) If a payment fails (e.g. because the payment method has expired or there are insufficient funds), Stripe makes automatic retry attempts in accordance with its stored rules for a period of up to 14 days .

(2) If payment still fails after these retry attempts have ended, Code7Byte may suspendprovision of the software. The customer account initially remains in place, but its functions cannot be used.

(3) If payment remains outstanding for 30 days after suspension, Code7Byte may terminate the contract for good cause and handle the Customer's data in accordance with § 5(6).

(4) Default interest is charged at the statutory rate under Section 456 UGB. When pursuing claims out of court, Code7Byte may recover reasonable costs incurred for debt collection agencies or lawyers.

(1) The Customer must provide, at its own cost, the conditions required to use the ResEcho platform, in particular a suitable internet connection and compatible end devices.

(2) The Customer must keep login details confidential and not disclose them to third parties. If unauthorised use is suspected, the Customer must notify Code7Byte without delay.

(3) The Customer must ensure that all content entered into the platform — in particular menu information, allergen information, prices and opening hours — is complete, current and legally compliant. Code7Byte does not review the content.

(4) In particular, the Customer must ensure that:

• allergen information complies with its local food-law obligations (including the LMIV / EU Regulation No 1169/2011),
• price labelling complies with the applicable price indication regulations,
• when using POS Modules, country-specific cash-register security obligations (in particular the RKSV in Austria) are met,
• the necessary rights of use are held for any images, logos and other content used.

(5) The Customer must not use the platform for unlawful purposes or publish content that violates applicable law, third-party rights or accepted standards of morality.

(1) Code7Byte endeavours to provide the highest possible availability of the ResEcho platform. No specific availability level (e.g. 99.9%) is guaranteed. Code7Byte provides availability on a best-efforts basis.

(2) Scheduled maintenance is carried out during periods of low usage wherever possible and announced with reasonable advance notice. Emergency maintenance may be carried out without prior notice.

(3) Downtime caused by circumstances beyond Code7Byte's control (in particular network disruptions, third-party failures, natural events or official orders) does not constitute a breach of the contractual service obligation.

(4) Any further service-level agreements require a separate written agreement and an additional fee.

(1) Data that Code7Byte processes for its own purposes (e.g. contract performance and billing) is governed by our Privacy Policy, in particular Sections 9 (Hosting), 12 (Stripe) and 13 (Recipients and processors).

(2) Where Code7Byte processes personal data on behalf of the Customer — in particular data concerning the Customer's guests — the Customer is the controller for the purposes of the GDPR and Code7Byte acts as a processor within the meaning of Article 28 GDPR.

(3) For this processing, the parties enter into a separate data processing agreement (DPA). The DPA is made available to the Customer in the customer account when the contract is concluded. Once the Customer begins using functions that process third-party personal data, the DPA is deemed accepted unless the Customer actively objects.

(4) The Customer undertakes to provide the people it serves (in particular guests) with the information about data processing required under the GDPR.

(1) Code7Byte warrants that the ResEcho platform conforms to the service description applicable at the time of the order.

(2) Under a software-as-a-service contract, there is no warranty that the software will be continuously available or completely free from errors. Mandatory statutory warranty rights (Sections 922 et seq. ABGB) remain unaffected.

(3) The Customer must report defects in text form without delay after discovering them and provide a detailed description.

(4) Code7Byte may remedy defects, at its discretion, by improvement, replacement or a workaround.

(1) Regardless of the legal basis, Code7Byte has unlimited liability only for damage caused by intent or gross negligence and for damage resulting from injury to life, limb or health.

(2) For damage caused by the breach of material contractual obligations (‘cardinal obligations’), whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the Customer may regularly rely, Code7Byte is also liable in cases of ordinary negligence, but the amount is limited to the damage typical for the contract and foreseeable. This is limited to a maximum of twelve times the average monthly net fee for the Modules subscribed to by the Customer.

(3) Any further liability — in particular for loss of profit, indirect damage, consequential damage and data loss — is excluded to the extent permitted by law.

(4) Code7Byte is not liable for damage arising because:

• the Customer does not regularly back up or export its data,
• the Customer enters inaccurate, incomplete or unlawful content,
• third parties (in particular payment providers, cash-register providers or hosting providers) fail or provide defective services,
• the Customer uses the software contrary to the contractual requirements or recognised technical standards,
• a force majeure event occurs.

(5) The above limitations of liability also apply for the benefit of Code7Byte's legal representatives, agents and employees.

(1) Use of the payment service provided by Stripe Payments Europe, Limited is subject to Stripe's terms and privacy policy ( stripe.com). Code7Byte is not liable for outages, incorrect transactions or other service disruptions caused by Stripe.

(2) Use of the cash-register security solution provided by Fiskaly in POS Modules is subject to Fiskaly's terms. Code7Byte provides the technical integration; compliance with RKSV obligations is the Customer's responsibility in cooperation with Fiskaly as the certified provider.

(3) The platform is hosted by Hostinger on servers located in Frankfurt am Main, Germany (see Privacy Policy, Section 9).

(4) Code7Byte does not sell optional hardware. The Customer is responsible for its procurement and maintenance, either directly or through independent hardware providers.

The parties undertake to keep confidential all confidential information of the other party to which they gain access in connection with the contractual relationship, both during and after the end of the contract. This excludes information that was demonstrably in the public domain or enters the public domain without a breach of this obligation.

(1) All rights in the ResEcho software, including source code, data structures, logos and trade marks, remain with Code7Byte. For the duration of the contract, the Customer receives a non-exclusive, non-transferable and non-sublicensable right of use within the scope of the subscribed plan.

(2) All content and data entered into the platform by the Customer remain the Customer's property. The Customer grants Code7Byte the non-exclusive right, limited geographically and in time to the duration of the contract, to store, process and display this content for the purpose of performing the contract and to make it available for search-engine indexing of public restaurant profiles.

In the event of force majeure (in particular natural disasters, pandemics, war, strikes, official orders, prolonged power outages or widespread network disruptions), Code7Byte is released from its obligation to perform for the duration and to the extent of the impediment, without this giving rise to any claims by the Customer.

(1) Code7Byte may amend these Terms where this becomes necessary due to changes in the law, decisions of the highest courts, or economic or technical circumstances, provided this does not materially shift the contractual balance to the Customer's detriment.

(2) Code7Byte will inform the Customer of amendments in text form at least 30 days before they take effect. If the Customer does not object within 30 days of receiving the notification, the amended Terms are deemed accepted. Code7Byte will expressly draw attention to this consequence in the notification.

(3) If the Customer objects within the time limit, Code7Byte may terminate the contract ordinarily with effect from the date on which the amended Terms take effect.

(1) These Terms and all contracts based on them are governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The application of conflict-of-law rules is excluded.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this business relationship is Graz, Austria, provided the Customer is a business. Code7Byte may also bring an action against the Customer at the Customer's general place of jurisdiction.

(3) Should individual provisions of these Terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a provision that most closely reflects the intended economic purpose.

(4) There are no oral collateral agreements. Amendments and additions to this contract must be made in text form; this also applies to any waiver of this text-form requirement.