Terms of Service

The offer displayed on this website is directed exclusively to business clients.

§1 General

These terms and conditions of usage regulate the conditions under which itmLABS - Torsten Bühl (hereafter referred to as “itmLABS”) provides use of the Foodlane web service (hereafter referred to as “Foodlane”).

Any alternative terms and conditions of business of the user shall not apply unless these have been expressly approved by itmLABS.

Before completion of the registration, the user has the opportunity to read the conditions of these general terms and conditions of business, to print them and/or to save them.

The offer displayed on this website is directed exclusively to business clients.

§2 Services of Foodlane

(1) itmLABS provides Foodlane, a service to receive food orders online.

(2) Foodlane is a web service made accessible through the internet. The access to the internet is not a service offered within the Foodlane service by itmLABS.

(3) itmLABS reserves the right to expand or improve services at any time. The user understands that he shall not claim more functionality/services than described in paragraph 1.

§3 Integration to payment gateways

(1) Foodlane offers API integration to payment gateways like Stripe and PayPal.

(2) It is your sole responsibility as the user to activate and maintain these accounts.

(3) All payment transactions from your customers are made on your behalf, and go directly into your account (minus a transaction fee). Foodlane offers only, and solely the technical integration to these payment gateways.

§4 Conclusion of contract

(1) A contract is concluded after the successful completion of registration of the user. With the successful completion of registration, a contract is concluded which is subject to charge. The charge is based on the shown conditions while registration.

(2) The contract runs for an indefinite period.

§5 Right of cancellation for consumers

(1) The user understands that the right of cancellation pursuant § 312b of the German civil code does not apply to accounts used on a commercial basis.

§6 Obligations of users

(1) The user is obliged to provide information in the context of the account creation or change will be, truthfully, if Foodlane is to be used after the end of the free trial.

(2) The user is obliged to comply with all applicable laws and legislation of the Federal Republic of Germany.

(3) The user is obliged to protect his access data against the disclosure to third parties.

§7 Rights of use

(1) itmLABS gives users a simple (not sub- and not transferable) right of use of the Foodlane service and software during the term of the contract under the following conditions.

(2) Foodlane is a web service (software as a service). A release of the software to the user does not take place.

(3) In case of new versions, updates, upgrades or other changes of the Foodlane service the foregoing rights shall apply to these changes.

§8 Payment / Billing

(1) The fee for the use of Foodlane is calculated from a fixed monthly fee, and a transaction fee per order.

(2) If possible, the transaction fee per order is deducted directly from the payment.

(3) If not possible, the transaction fees are combined and are due at the end of the billing month. Payment of the combined monthly fee is made by direct debit or credit card payment.

(4) The user has to ensure that the bank or credit card account from which the amount is debited has the required coverage. The user can be charged with the additional costs if a payment fails due to circumstances the user is responsible for.

(5) Users are provided with monthly invoices in PDF format. The invoices do not contain a qualified electronic signature. The user understands that the prerequisites for an input tax deduction therefore may not be available. Users may request an additional yearly collective invoice for an input tax deduction after the end of the year or after termination of the contract in their member account area.

§9 Availability of service

The user understands that itmLABS does not warrant the uninterrupted availability of Foodlane service. itmLABS ensures that the service Foodlane as described in section 2 paragraph 1 is at least available 95% of the time on average per year.

§10 Privacy / Data protection

(1) The personal data of the user that are required for the execution and processing of the services and offers from Foodlane are collected, stored and processed in accordance with the applicable laws and legislations of the Federal Republic of Germany.

(2) Personal data of user will principally not be disclosed to third parties. For the processing of payments it is necessary to disclose user data to third parties (Payment Providers, Banks, Credit Card Processors etc.). Disclosure of personal data to third parties is limited to the necessary extent. Content data stored by the user will never be disclosed to third parties.

(3) After termination all personal identifiable data will be deleted. Preservation periods laid down in law shall remain unaffected.

(4) Further information about the processing of personal data can be obtained in our privacy policy.

§11 Termination / Cancellation

(1) The user may terminate the contract for the use of Foodlane anytime to the end of the current billing month. The user may deliver notice of termination under the Account tab. Alternatively a notice of termination can be send in writing or by e-mail to itmLABS.

(3) itmLABS may terminate the contractual agreement with the user for any or no cause, which shall be effective after three months to the end of a billing month.

(4) If the user is in arrears with the amount of the monthly payment for more than 4 weeks, itmLABS may terminate the contract agreement to the end of the current billing month. Claims of resulting from the current use of Foodlane by the user shall remain unaffected.

(5) In case of improper use (cf. section 5, paragraph 3) of the web service Foodlane, which leads to significant degradation of services to third parties, itmLABS may terminate the contract agreement with immediate effect.

(6) The users right of extraordinary termination shall remain unaffected.

§12 Final provisions

(1) The law of the Federal Republic of Germany applies and the validity of the UN SISG is excluded.

(2) Place of jurisdiction shall be, as far as permitted by law, the residence of itmLABS.

(3) Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.