Terms of use

1. Area of application & general

 

(1) These General Terms and Conditions of Use (hereinafter referred to as “General Terms and Conditions” or “GTC”) regulate the relationships between the operator of the “BarBrain” application, BarBrain GmbH, and the natural or legal persons involved in Have registered the BarBrain application (hereinafter "user"). Regarding registration, please refer to section 2. The application can be called up and installed in the Apple App Store or via Google Play.

 

(2) Use of the BarBrain application offered by BarBrain is only permitted on the basis of these terms and conditions. By registering (see section 2), the user declares his agreement to these terms and conditions.

 

(3) If it should emerge over time that adjustments to the application have to be made for technical reasons, BarBrain will inform the user about this and only automatically install any technically necessary updates after prior notification. The user hereby agrees that these technically necessary updates can be installed automatically.

 

(4) If the user acts as or for a company when using the application, ie in the exercise of a commercial or independent professional activity, or for a public corporation, Section 312i Paragraph 1 Clause 1 No. 1 - 3 of the German Civil Code applies ("BGB") does not apply.

 

2. Registration & conclusion of contract

 

(1) The use of the application requires prior registration. When registering, the (personal) data specified in the input mask must be entered. The query follows the principle of data economy, i.e. only the data that BarBrain absolutely needs to be able to communicate with you within the scope of the contractual purpose is queried. For more information, please refer to the data protection declaration. The application cannot be used without registration.

 

(2) Registration with BarBrain is only open to legal entities and natural persons with full legal capacity. It is possible to register several companies under one legal entity. In this case, however, only one registration is necessary. There is no entitlement to registration.

 

(3) After registration, the user receives a personal account consisting of an email address and password (access data). These access data may not be passed on. The user is responsible for their safe storage. Registration under a false name and / or first name, incorrect address, incorrect date of birth and fictitious e-mail accounts is not permitted. In the case of obviously fictitious information, BarBrain reserves the right to delete the account.

 

3. Pricing

 

(1) When the registration is terminated, a contract is concluded between BarBrain and the user. Every user can use the application free of charge for one month after registration. The free trial month begins immediately after full registration. The contract automatically continues after the trial month has expired and can always be terminated with the notice period specified in Section 5 (2). If the contract is not terminated with the notice period specified in Section 5, Paragraph 2, the “Silver” price model specified in Paragraph 3 applies, unless something different is agreed between the user and BarBrain.

 

(2) The user has a total of four different price models available to the user:

 

- Silber

- Gold

- Platin

 

(3) The silver model incurs monthly costs of EUR 29.99 (net) per company. Within the silver model, 90 products are included in the price. A bottle, for example, counts as a product, regardless of whether there are several areas, such as a shelf, warehouse or the cocktail station. If the limit of 90 products is exceeded, the customer has the option of upgrading to the gold model (see section 4). In the silver model, the user can add another natural person as a "team member".

 

(4) The gold model incurs monthly costs of EUR 49.99 (net) per company. A number of 200 products are included in the price. The customer has the option of adding an unlimited number of natural persons as "team members".

 

(5) The platinum model costs EUR 79.99 (net) per company. An unlimited number of products are included in the price. The customer has the option of adding an unlimited number of natural persons as "team members".

 

(6) The user is provided with the corresponding invoices for retrieval on a monthly basis in his account in the dashboard.

 

4. Terms of payment

 

(1) When registering, the user can choose between the payment methods (i) SEPA direct debit (see Paragraph 2) or (ii) credit card payment (Paragraph 3) via the service provider Stripe (see Paragraph 4). With both payment options, you can choose between a monthly payment of the silver, gold or platinum model as defined in Section 3 or the annual payment. With the annual payment, the user receives one month for free and only 11 months are billed according to the selected model; this applies regardless of the trial month in accordance with section 3.1. This remains with the calculation of the year.

 

(2) SEPA direct debit using the service provider "Stripe". If you give us a SEPA mandate, the monthly or annual payment will be made by direct debit from your bank account. The account is debited immediately. The period for your advance information about the date of the account debit (pre-notification period) is shortened to 3 days.

 

(3) Credit card through the service provider "Stripe". If the credit card payment method is selected, the monthly or annual invoice amount is due immediately upon conclusion of the contract.

 

(4) The credit card payment method is processed in cooperation with Stripe Payments Europe, Ltd., c / o A & l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), subject to the Stripe- Terms of use, available at https://stripe.com/de/legal, to which BarBrain assigns its payment claim. Stripe will collect the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to Stripe with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. BarBrain remains responsible for general inquiries of the user even if the payment method credit card payment via Stripe is selected.

 

(5) The user is provided with the corresponding invoices for retrieval on a monthly basis in his account in the dashboard.

 

5. Duration & termination of the contract

 

(1) The contract that comes into being upon registration generally runs for an indefinite period.

 

(2) The contract can always be terminated at the end of each month with a notice period of two weeks to the end of the month. In addition, extraordinary termination is possible if there is an important reason without observing the aforementioned deadline.

 

(3) The termination corresponds to the deletion of the account by the user.

 

6. BarBrain services

 

(1) BarBrain makes the application available to the user for use. The application enables the user to digitize his cash on hand and to take a digital inventory.

 

(2) BarBrain guarantees the functionality and operational readiness of the application. Further details can be found in Section 7 of these General Terms and Conditions.

 

(3) BarBrain is entitled to cease operation of the application in whole or in part if the purpose of the contract for the “BarBrain” application has been achieved.

 

7. Rights to use information, software and documentation

 

(1) The use of the information, software and documentation made available on the application is subject to these terms and conditions.

 

(2) BarBrain grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided in the application to the extent that this has been agreed or, if nothing has been agreed, as it is with the provision and transfer corresponds to the purpose pursued by BarBrain. 

 

(3) Neither information, software nor documentation may be sold, rented or made available in any other way by the user to third parties at any time.

 

(4) The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and agreements on intellectual property. The user will observe these rights, in particular remove alphanumeric identifiers, trademarks and copyright notices from the information, from the software, from the documentation or from copies thereof. 

 

(5) The rest of Sections 69a ff. Of the Copyright Act remain unaffected. 

 

8. Intellectual property

 

(1) BarBrain has the simple rights of use to the images, texts and brand names provided in the application.

 

(2) Notwithstanding the special provisions in Section 4 of these Terms and Conditions, information, brand names and other content from the application may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise exploited in any way without the prior written consent of BarBrain.

 

(3) Apart from the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular to the company name and industrial property rights such as patents, utility models or brands, nor does BarBrain have a corresponding obligation to grant such rights .

 

(4) Insofar as the user enters ideas and suggestions on the application, BarBrain may use them free of charge for the development, improvement and sale of the products from its portfolio.

 

9. Availability & Support

 

(1) The range of services offered by BarBrain is generally available 24 hours a day. This does not apply to the times in which data backup work is carried out and system maintenance or program maintenance work is carried out on the system or the database. BarBrain will keep the resulting possible disruptions as low as possible.

 

(2) BarBrain provides free support to help you use the services of the “BarBrain” application. Support is provided exclusively by email / phone. The support services are provided on working days between 10 a.m. and 6 p.m. CET.


 

10. Hyperlinks

 

The application can contain hyperlinks to third party websites. BarBrain assumes no responsibility for the content of these websites, nor does BarBrain adopt these websites and their content as its own.

 

11. Liability

 

(1) BarBrain is always unrestrictedly liable for claims based on damage caused by BarBrain, its legal representatives or vicarious agents

- in the event of injury to life, body or health,

- in the event of willful or grossly negligent breach of duty,

- in the case of guarantee promises, if agreed, or

as far as the scope of the product liability law ("ProdHaftG") is opened.


 

(2) In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, so-called cardinal obligations, due to slight negligence on the part of BarBrain, its legal representatives or vicarious agents, the amount of liability is increased limits the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims based on slight negligence are excluded.

 

(3) Although BarBrain always endeavors to keep the application virus-free, BarBrain does not guarantee that it is virus-free. Before downloading information, software and documentation, the user will ensure that appropriate security devices and virus scanners are in place for their own protection and to prevent viruses on the application. 

 

(4) A change in the burden of proof to the detriment of the user is not associated with the above regulations. 

 

12. Dispute Resolution

 

(1) The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

 

(2) This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. BarBrain is neither obliged nor willing to participate in the dispute settlement process.

 

13. Final provisions

 

(1) For all contracts concluded between BarBrain and the user, German law is exclusively applicable, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

 

(2) In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

 

(3) The exclusive place of jurisdiction for legal disputes between BarBrain and business people, legal entities under public law or public law special funds from contracts is Munich.

 

(4) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. BarBrain and the user undertake to replace a regulation that has become ineffective with one that comes closest to what is economically intended.