General terms and conditions
Note
This is a convenience translation. The German version of these terms is the legally binding one.
§ 1 Scope, contracting parties
(1) These General Terms and Conditions apply to all contracts for the use of the service Kellno (kellno.com) between Oleksandr Rybalchenko, An d. Ottosäule 14, 85521 Ottobrunn, Deutschland ("Provider") and the customer.
(2) The service is offered exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. No contracts are concluded with consumers. By registering, the customer confirms that it is acting in the course of its commercial or self-employed professional activity.
(3) Deviating, conflicting or supplementary terms of the customer only become part of the contract if the Provider expressly agrees to them in text form.
§ 2 Subject matter
(1) Kellno is software provided over the internet (software as a service). It allows the customer to create and maintain a digital menu and to make it available to its guests via a link or QR code.
(2) The scope of features follows from the description of the booked plan on kellno.com at the time of booking. Features marked as "in development", "planned" or similar are not owed; there is no entitlement to their provision at a particular time.
(3) The Provider does not owe the internet connection of the customer or its guests, nor the provision of devices.
§ 3 Registration, account, trial
(1) Use requires a customer account. The customer provides truthful information when registering and keeps it up to date. Sign-in details must be kept secret; the customer is responsible for all actions taken through its account to the extent it is at fault.
(2) After creating a restaurant, the customer may test the service free of charge with the full range of features for 14 days (trial). No payment details are required. Reduced allowances apply to AI features during the trial.
(3) The trial ends automatically without notice of termination. If the customer has not booked a plan by then, the menu can no longer be opened by guests; the customer can still sign in, download its data, book a plan or delete its account.
(4) The Provider may allow individual customers to use the service as part of a free pilot operation without a fixed term. There is no entitlement to this or to its continuation; the Provider may end the pilot operation with 14 days' notice.
§ 4 Conclusion of contract, plans, pilot price
(1) The presentation of plans on kellno.com is not a binding offer. A paid contract is concluded when the customer selects a plan in the customer area, completes the order process with the payment provider and the Provider activates the plan.
(2) The customer may switch to another plan at any time. A switch to a higher plan takes effect immediately; the fee for the current billing period is charged pro rata. A switch to a lower plan takes effect at the start of the next billing period unless indicated otherwise at the time of switching.
(3) Where the Provider offers a "pilot price", it applies to the plan named when booking, in its current scope of features, for as long as the subscription continues without interruption. If the subscription ends or the customer switches to another plan, the pilot price lapses; there is no entitlement to book again at the pilot price. § 9(4) (price adjustment) does not apply to the pilot price. The allowances under § 6(3) and separately stated usage-based services remain unaffected.
§ 5 Services of the Provider, availability, changes
(1) The Provider makes the service available in its current version for use over the internet and stores the content entered by the customer.
(2) The Provider strives for availability that is as uninterrupted as possible. No particular availability is guaranteed. Periods in which the service is unavailable due to maintenance, disruptions at third parties (in particular data centre, internet access providers, providers of AI services) or force majeure do not constitute a breach of duty unless the Provider is responsible for them.
(3) The Provider may develop and change the service, in particular to adapt it to the state of the art, legal requirements or changed third-party services. Essential features of the booked plan will not be removed without adequate replacement; otherwise the customer has a special right of termination with effect from the change.
(4) The Provider may use third parties to provide its services.
§ 6 AI features
(1) The service contains features based on artificial intelligence (in particular menu import, automatic translation, the assistant for the customer and the "AI waiter" for guests). Their results are generated automatically and may be incomplete or incorrect.
(2) The customer checks imported content and translations before publishing or relying on them. The AI waiter answers guests' questions solely on the basis of the content stored by the customer; it replaces neither allergen information under food law nor advice from the customer's staff.
(3) Monthly allowances apply to AI features; their size depends on the plan and they are shown in the customer area. Once an allowance is used up, the respective feature is unavailable until the start of the next calendar month; the other features remain usable.
(4) The Provider may replace the models and providers used for AI features.
§ 7 Obligations and responsibility of the customer
(1) The customer is solely responsible for the content it enters, in particular for the accuracy and completeness of prices, ingredients, allergen and additive information, and for compliance with the food, price-indication and competition law applicable to it.
(2) The customer only enters content to which it holds the necessary rights (in particular photos, logos, trademarks and texts) and no content that violates applicable law or third-party rights.
(3) The customer does not misuse the service; in particular it refrains from automated mass requests, circumventing technical limits and any use that endangers the security or stability of the service.
(4) The customer does not upload documents containing third parties' personal data unless this is necessary for using the service.
§ 8 Rights of use
(1) For the term of the contract the customer receives the simple, non-transferable and non-sublicensable right to use the service within the booked plan for its own business purposes. There is no entitlement to the source code.
(2) The customer remains the owner of all rights to its content. For the term of the contract it grants the Provider the simple right to store, reproduce, technically process, translate and make the content publicly available to the extent necessary to provide the contractual services.
(3) The Provider may only name the customer as a reference with its prior consent.
§ 9 Prices, payment, default
(1) The prices shown at the time of booking apply. All prices are net plus the applicable statutory VAT.
(2) The fee is due monthly in advance and is collected through the payment provider Stripe using the payment method chosen by the customer. Invoices are provided electronically.
(3) If a collection fails, the menu initially remains available while collection is retried. If payment is not made after the retries, the subscription ends; § 3(3) applies accordingly. The Provider's statutory rights in the event of default remain unaffected.
(4) The Provider may adjust prices at its reasonable discretion with at least six weeks' notice to the start of a billing period in order to reflect changes in its costs (in particular for data centre, AI services and payment processing). In that case the customer may terminate with effect from the adjustment; the Provider will point this out in the notice.
(5) The customer may only set off claims that are undisputed or have been finally determined by a court.
§ 10 Term, termination, consequences
(1) The paid contract runs for an indefinite period. The billing period is one month.
(2) The customer may terminate the contract at any time to the end of the current billing period via the customer area. The Provider may terminate in text form with 30 days' notice to the end of a billing period.
(3) The right of both parties to terminate for good cause remains unaffected. Good cause for the Provider exists in particular if the customer repeatedly breaches § 7 despite a warning.
(4) When the contract ends, the menu can no longer be opened by guests. The customer can still download its data in the customer area and delete its account with all content itself. The Provider is entitled to delete the content no earlier than 90 days after the end of the contract, unless statutory retention obligations apply.
(5) If the customer deletes its account, a running subscription ends with immediate effect; fees already paid for the current billing period are not refunded.
§ 11 Suspension
The Provider may temporarily suspend the customer's access or the availability of its menu if there are concrete indications that content is unlawful, the service is being misused or the security of the service is at risk. The Provider takes the customer's legitimate interests into account, informs it without undue delay of the suspension and its reason, and lifts it as soon as the reason no longer applies.
§ 12 Defects
(1) The Provider remedies defects of the service within a reasonable period. The customer reports defects without undue delay and as comprehensibly as possible to the email address stated in the imprint.
(2) The Provider's strict liability for defects existing at the time the contract was concluded under Section 536a(1) alt. 1 BGB is excluded.
(3) The statutory limitations of liability for gratuitous services apply to free use during the trial and in pilot operation.
§ 13 Liability
(1) The Provider is liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or by gross negligence, under the German Product Liability Act and to the extent of any guarantee given.
(2) In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely (material contractual obligation), liability is limited to the foreseeable damage typical for the contract at the time of conclusion, but no more than the total fees paid by the customer in the twelve months before the damaging event.
(3) Otherwise the Provider's liability is excluded. In particular, the Provider is not liable for damage based on incorrect content of the customer, such as incorrect price or allergen information.
(4) In the event of data loss, liability is limited to the effort that would have been required to restore the data if the customer had used the export function offered in the customer area at reasonable intervals.
(5) The above limitations also apply in favour of the Provider's legal representatives and vicarious agents.
§ 14 Indemnification
The customer indemnifies the Provider against third-party claims asserted against the Provider because of content entered by the customer or because of use of the service in breach of contract, including reasonable costs of legal defence, unless the customer is not responsible for the infringement. The Provider informs the customer of such claims without undue delay.
§ 15 Data protection, data processing
(1) The Provider processes the customer's personal data in accordance with the privacy policy on kellno.com.
(2) Where the Provider processes personal data of the customer's guests on the customer's behalf, the data processing agreement (DPA) available on kellno.com applies in its current version. It is part of the contract and is concluded by agreeing to these terms.
(3) Towards its guests the customer is the controller within the meaning of the General Data Protection Regulation and fulfils the information obligations incumbent on it.
§ 16 Changes to these terms
The Provider may change these terms with effect for the future where this is necessary for valid reasons, in particular because of changes in the law, supreme-court case law, technical changes or new features, and the customer is not unreasonably disadvantaged. The Provider gives notice of the change in text form at least six weeks before it takes effect. If the customer does not object before it takes effect, the changes are deemed accepted; the Provider will point this out in the notice, together with the right to terminate the contract with effect from the change.
§ 17 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.
(3) Declarations concerning the contractual relationship require at least text form (e.g. email) unless these terms provide otherwise.
(4) Should individual provisions be or become invalid, the validity of the remaining provisions is not affected.
(5) The German version of these terms is authoritative; translations are for convenience only.
Last updated
October 2026