Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your use of the restaurant delivery analytics platform and related services provided by beahubnovaex AG ("Company," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

Company Information

beahubnovaex AG
Praterstraße 12
4090 Linz, Upper Austria
Austria
Registration Number: FN613425a
VAT Number: ATU61258749
Email: legal@beahubnovaex.top
Phone: +43 7324555537

Acceptance of Terms

By accessing our website, using our analytics platform, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and beahubnovaex AG. If you are using our services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

Description of Services

beahubnovaex provides restaurant delivery profitability analytics systems and related services, including but not limited to:

• Delivery profitability analysis and reporting
• Menu optimisation analytics
• Real-time performance monitoring
• Cost optimisation strategies and recommendations
• Data integration and platform connectivity services
• Training and support services

User Obligations

As a user of our services, you agree to:

Account Responsibility

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised use of your account
• Be responsible for all activities that occur under your account

Acceptable Use

• Use our services only for lawful business purposes
• Comply with all applicable laws and regulations
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to our systems
• Not use our services to transmit harmful or malicious content

Data Provision

• Ensure you have the right to provide data to us for analysis
• Provide accurate and complete data for optimal service delivery
• Comply with data protection laws regarding customer and operational data

Intellectual Property

The beahubnovaex platform, including all software, algorithms, reports, and analytics tools, contains proprietary and confidential information that is protected by intellectual property laws. All rights, title, and interest in our services and related technology remain with beahubnovaex AG.

Our Rights

• All intellectual property rights in our platform and services belong to beahubnovaex AG
• Our analytics algorithms, methodologies, and software are proprietary and confidential
• The beahubnovaex name, logo, and branding are protected trademarks

Your Rights

• You retain ownership of your business data and information
• You receive a limited licence to use our platform during your subscription period
• You may use reports and insights generated for your internal business purposes

Restrictions

• You may not copy, modify, or reverse engineer our software or algorithms
• You may not resell or redistribute our services without written permission
• You may not use our intellectual property to develop competing services

Payment Terms

Payment terms vary based on the specific services engaged and will be outlined in your service agreement or subscription terms. General payment provisions include:

• Fees are due according to the payment schedule specified in your agreement
• Late payments may result in service suspension and additional charges
• All fees are non-refundable unless otherwise specified
• Prices may be subject to change with appropriate notice
• You are responsible for all taxes and fees related to your use of our services

Service Availability

While we strive to provide continuous service availability, we cannot guarantee uninterrupted access to our platform. Scheduled maintenance, updates, and unforeseen technical issues may result in temporary service interruptions.

Limitation of Liability

To the maximum extent permitted by law, beahubnovaex AG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the total amount paid by you to beahubnovaex in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy or completeness of analytics and recommendations
• Uninterrupted or error-free service operation
• Security or privacy of data transmission

While we use industry best practices in our analytics, business decisions based on our recommendations remain your responsibility.

Indemnification

You agree to indemnify and hold harmless beahubnovaex AG, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our services or violation of these Terms
• Your breach of any applicable laws or regulations
• Infringement of third-party rights by your data or content
• Any negligent or wrongful conduct by you or your employees

Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to maintain the confidentiality of your business data and operational information. You agree to maintain the confidentiality of our proprietary analytics methodologies and algorithms.

Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to such processing and warrant that you have obtained necessary consents from your customers and employees.

Termination

Either party may terminate the service agreement according to the terms specified in your subscription or service contract. Upon termination:

• Your access to our platform will be discontinued
• We will return or delete your data as specified in your agreement
• All payment obligations accrued prior to termination remain due
• Confidentiality obligations survive termination

We reserve the right to suspend or terminate services immediately for violations of these Terms or non-payment of fees.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Austria.

If you are a consumer within the European Union, you may also have rights under the laws of your country of residence, and nothing in these Terms affects those rights.

Dispute Resolution

We encourage resolution of disputes through direct communication. If informal resolution is not possible, disputes shall be resolved through binding arbitration in accordance with Austrian arbitration laws, unless prohibited by applicable consumer protection laws.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with a valid provision that most closely matches the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and beahubnovaex AG regarding the use of our services. These Terms supersede all prior or contemporaneous communications and proposals.

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Contact Information

If you have questions about these Terms, please contact us:

Legal Department
beahubnovaex AG
Praterstraße 12
4090 Linz, Upper Austria
Austria
Email: legal@beahubnovaex.top
Phone: +43 7324555537