Terms and Conditions

Last updated: August 2026

§ 1 Scope

1. These General Terms and Conditions (hereinafter the "Terms") apply to all contracts on the use of the software "PayPoint", including all modules (POS System, Delivery Platform Integration, QR Code Ordering, Webshop & App, Driver Terminal, PayPoint Drive, Restaurant Management, Cloud TSE), between PayPoint POS UG (haftungsbeschränkt), Kolonnenstraße 8, 10827 Berlin (hereinafter the "Provider") and its customers (hereinafter the "Customer").
2. The Provider's offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). The conclusion of a contract with consumers is excluded.
3. Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if the Provider has expressly agreed to their application in writing.

§ 2 Subject matter of the contract

1. The Provider makes the PayPoint software available to the Customer as software as a service (SaaS) via the internet. The scope of functions depends on the plan booked in each case, in accordance with the current price overview at get-paypoint.de/preise.
2. The software is operated on the servers of the Provider or of its service providers. The Customer receives a non-exclusive, non-transferable right of use for the term of the contract.
3. The provision of end devices (tablets, smartphones, printers) and internet access are not part of the contract and are the responsibility of the Customer.
4. The Cloud TSE is provided as a certified fiscal unit (technische Sicherheitseinrichtung) within the meaning of the German Cash Register Security Ordinance (KassenSichV). The Customer is responsible for duly reporting the POS system to the tax authorities (§ 146a Abs. 4 AO, German Fiscal Code); the Provider makes the data required for this available.

§ 3 Conclusion of contract and trial phase

1. The contract comes into effect when the Customer accepts the Provider's offer, at the latest upon activation of the Customer's access.
2. The Provider may make free trial access available to the Customer on request. The scope and duration of the trial access are agreed on a case-by-case basis; there is no entitlement to trial access.
3. The trial access ends upon the change to a chargeable plan or upon notification in text form by one of the parties. No notice period is required for this.
4. During the trial access, these Terms apply accordingly, with the exception of the payment obligation under § 4. If no chargeable contract is subsequently concluded, the Provider is entitled to delete the data created during trial operation.

§ 4 Prices and payment

1. The prices agreed at the time the contract is concluded, in accordance with the price overview, apply. All prices are exclusive of statutory value added tax.
2. The remuneration is due monthly in advance.
3. In the event of default in payment, the Provider is entitled, after prior notice, to block access to the software until outstanding claims have been settled.
4. Price changes are communicated to the Customer in text form at least 6 weeks before they take effect. In this case, the Customer has a special right of termination effective as of the date on which the change takes effect.

§ 5 Term and termination

1. The contract has a minimum term of 12 months, calculated from the activation of the Customer's access.
2. The contract is extended by a further 12 months in each case unless it is terminated in text form with a notice period of 3 months to the end of the respective term.
3. For certification reasons, the Cloud TSE module likewise has a minimum term of 12 months. If it is added during an ongoing contract term, its term begins upon its activation and is extended by 12 months in each case, independently of the remaining contract, unless it is terminated with a notice period of 3 months to the end of the term.
4. The right to extraordinary termination for good cause remains unaffected.
5. Terminations must be given in text form (e.g. by email to kontakt@paypointpos.de).
6. After the end of the contract, the Provider makes the Customer's POS data subject to retention requirements (in particular the DSFinV-K export) available for retrieval for a period of 30 days. The statutory obligation to retain the data lies with the Customer.

§ 6 Availability

1. The Provider endeavours to achieve an availability of the software of 99 % on an annual average. Excluded from this are periods of planned maintenance and disruptions outside the Provider's sphere of influence (e.g. failure of the Customer's internet access, force majeure, disruptions at delivery platforms).
2. The POS function has an offline mode; synchronisation takes place once the connection has been restored.

§ 7 Obligations of the Customer

1. The Customer keeps their access data confidential and protects it against access by unauthorised third parties.
2. The Customer is responsible for the accuracy of the content of their data (in particular menus, prices, tax rates).
3. The Customer ensures that their use of the software complies with the applicable statutory requirements, in particular the tax and trade law obligations of their business.
4. For the connection of delivery platforms (Lieferando, Uber Eats, Wolt), the Customer requires their own contractual relationships with the respective platforms. The Provider has no influence on their terms, availability or interface changes.

§ 8 Warranty and liability

1. The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health.
2. In the case of simple negligence, the Provider is liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.
3. Liability under the German Product Liability Act remains unaffected.
4. The Provider is liable for data losses only insofar as these would also have occurred if the Customer had carried out proper data backups.

§ 9 Data protection and processing on behalf

1. The Provider processes personal data in accordance with its Privacy Policy and the requirements of the GDPR.
2. Insofar as the Provider processes personal data on behalf of the Customer (e.g. customer data from the webshop, driver data), the parties conclude a data processing agreement pursuant to Art. 28 GDPR.

§ 10 Amendments to these Terms

1. The Provider may amend these Terms with effect for the future, insofar as the amendment is reasonable for the Customer, taking the Customer's interests into account. Amendments are communicated to the Customer in text form at least 6 weeks before they take effect. If the Customer does not object within this period, the amendments are deemed to be approved; this is pointed out separately in the notification.

§ 11 Final provisions

1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction for all disputes arising from this contract is Berlin, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
3. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.