Terms

These Terms and Conditions apply to all contracts between Jannik Thieme (hereinafter 'Provider') and customers using Simpli (simpli.menu) (hereinafter 'Customer').

Deviating terms of the Customer are not recognised unless the Provider expressly agrees in writing.

Simpli is a software-as-a-service platform for creating, managing and publishing digital menus.

The scope of features depends on the chosen subscription plan (Light, Pro). Details at simpli.menu/en#pricing.

Optionally, the Customer may book the Setup Service (§ 9 of these Terms).

The contract is formed when the Customer registers on simpli.menu and subscribes to a plan. By registering, the Customer confirms having read and accepted these Terms.

Simpli is exclusively for business customers (entrepreneurs) within the meaning of § 14 BGB with their registered office or place of business in the Federal Republic of Germany.

Current prices are published at simpli.menu/en#pricing. All subscription prices are exclusive of the statutory value-added tax (VAT).

Billing is in advance via Stripe, by card or SEPA Direct Debit, monthly, quarterly or yearly depending on the chosen billing period. The first subscription payment is due after the 30-day trial period. One-off services (setup service, Starter Kit) are due immediately upon ordering, even if they are booked together with a subscription during the trial.

In case of payment default, the Provider may suspend access until the outstanding amount is settled. If the first payment by SEPA Direct Debit fails (e.g. due to insufficient funds or a returned debit), the Provider may end the subscription together with any add-ons ordered with it and deactivate the menu pages; the Customer may take out a new subscription at any time.

The provider may change prices with at least six weeks' notice, effective from the start of a billing period. The customer is notified of the change by email. In that case, the customer may terminate the contract with effect from the date the price change takes effect. If the customer does not terminate by then, the new prices apply; the provider will point out this consequence in the notice.

Every new subscription automatically includes a 30-day free trial with full access to all features of the chosen plan.

The first subscription payment is only charged after the trial period ends; for one-off services, § 4 para. 2 applies. The Customer may cancel at any time during the trial.

Subscriptions run for a monthly, quarterly or yearly term, as chosen, and renew automatically for a further period of the same length unless cancelled.

The Customer may cancel at any time via the self-service portal at dashboard.simpli.menu, effective at the end of the current billing period.

The Provider may terminate for cause, in particular for serious breach of these Terms.

After the contract ends, the provider may deactivate the customer's menu pages. The customer's data remains stored in their account until they delete the account. The provider may delete accounts without an active subscription that have not been used for more than 12 months, after giving at least 30 days' prior notice by email.

The customer can download their content (restaurants, menus, categories, dishes, QR codes and images as download links) in a machine-readable format (JSON) at any time, including after the contract ends, via the export function in the account settings. If the customer wishes to switch to another provider or transfer their data to their own systems (Arts. 23 et seq. Data Act), the provider will support them without separate switching charges; such requests should be sent to info@simpli.menu. The customer can retrieve their data for at least 30 days after the contract ends.

The Customer is solely responsible for all content published via Simpli.

The Customer ensures compliance with applicable law, including EU allergen labelling requirements (EU Food Information Regulation No. 1169/2011).

The Customer must not publish unlawful, offensive or misleading content.

The Customer must keep login credentials secure and report any unauthorised access promptly.

Anyone can report content on menu pages published via Simpli that they consider illegal, using the "Report content" link on the page concerned or by emailing info@simpli.menu (Art. 16 DSA). The notice should state the page concerned, the reasons, and the name and email address of the person submitting it.

The provider reviews notices in a timely, diligent and objective manner. If content is illegal or violates these terms, the provider may remove it, disable access to it or deactivate the menu page concerned. There is no automated moderation; decisions are made by a human.

The provider informs the customer of any such measure and its reasons (Art. 17 DSA), and the person who submitted the notice of the decision taken. Both can object to the decision by emailing info@simpli.menu; the provider will then review it again.

The customer warrants that they hold the necessary rights to all content they add to Simpli or send to the provider (in particular texts, photos, logos and menu documents) and that its use under these terms does not infringe any third-party rights, in particular copyright, trademark, personality or data protection rights. If people can be identified in photos, the customer obtains the necessary consents.

The customer grants the provider the simple, royalty-free and territorially unrestricted right to store, reproduce, make publicly available and edit this content to the extent necessary to provide the services. This includes in particular technical adjustments to images (e.g. format, size, compression), translating and revising texts with AI features at the customer's request, setting up the menu as part of the setup service, and printing the logo on the Starter Kit. The right applies for the term of the contract and beyond for as long as the content is stored in the customer's account. The provider may pass it on to subcontractors insofar as they are involved in providing the services.

The provider only uses the customer's content for its own advertising, e.g. as a reference, with the customer's separate consent.

If a third party asserts claims against the provider because customer content infringes their rights, the customer indemnifies the provider against these claims, including reasonable legal defence costs, provided the customer is responsible for the infringement. The provider informs the customer of the claim without delay and gives them the opportunity to comment.

If there are concrete indications of an infringement, the provider may block or remove the content concerned (see § 7a).

The Provider is fully liable for damages arising from injury to life, body or health, and for intentional or grossly negligent breaches.

For minor negligence affecting essential contractual obligations, liability is limited to foreseeable damages.

The provider accepts no liability for the accuracy of AI-generated content, in particular translations, allergen and spelling suggestions, and menu content recognised during the AI menu import. The customer must review all AI suggestions before publishing them.

The provider is not liable for outages or disruptions of third-party services (e.g. Google Firebase, Stripe, Google Vertex AI) for which the provider is not responsible. Otherwise, paragraphs 1 and 2 apply.

Beyond that, the provider's liability for slightly negligent breaches of duty is excluded. Liability under the German Product Liability Act and under any guarantee given remains unaffected.

The optional Setup Service is a one-time service for €59 (plus VAT), bookable independently of the chosen subscription.

The Customer provides the necessary materials (menu as PDF, optional images and notes).

The Provider sets up the menu within 2–3 working days of receiving complete materials.

Changes after setup completion are not included and may be commissioned separately.

The Starter Kit is a physical product (printed QR code stickers) and can be ordered for a one-off payment plus VAT. The price is shown in the order summary. The contract is concluded when payment is completed.

Delivery is made exclusively to delivery addresses within Germany, namely to the delivery address provided by the customer. Stated delivery times are non-binding unless expressly agreed otherwise. Risk passes to the customer when the goods are handed over to the shipping company.

The goods remain the property of the provider until paid for in full.

The statutory warranty rights apply, provided that the limitation period for claims for defects is one year from delivery; this does not apply to claims for damages under § 8 paragraphs 1 and 2. If the customer is a merchant, § 377 HGB (duty to inspect and give notice of defects) applies.

The Provider aims for 99% annual platform availability, excluding planned maintenance and third-party outages.

No guarantee of uninterrupted availability.

Data processing is governed by our Privacy Policy at simpli.menu/en/privacy.

Insofar as the provider processes personal data on behalf of the customer when providing Simpli, the data processing agreement (DPA) at simpli.menu/en/dpa additionally applies and forms part of this contract.

The provider may amend these terms with effect for the future where there is an objective reason, in particular changes in the law, case law or regulatory requirements, adjustments to new features or technical developments, or closing gaps in the provisions. The main contractual obligations and prices are not changed this way; § 4 applies to prices.

The provider notifies the customer of the changes by email at least six weeks before they take effect. If the customer does not object in text form within this period (e.g. by email to info@simpli.menu), the changes are deemed accepted. The provider specifically points out the deadline, the right to object and the consequences of not objecting in the notice. If the customer objects, either party may terminate the contract with effect from the date the changes take effect.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Jurisdiction for all disputes is Stuttgart, Germany, if the customer is a merchant or a legal entity under public law, or has no general place of jurisdiction in Germany.

If any provision is invalid, the remaining provisions remain unaffected.