Website Terms of Use
Update: January 16th, 2023
The neatin Webapp (hereinafter referred to as the "Web-application"), developed by neatin teams (referred to as "we" or "neatin"), is designed to streamline the placement of orders (referred to as "Orders") and the payment of bills for all establishments utilizing our services (referred to as "Establishments"), which may include but not limited to, restaurants, bars, hotels, etc.
It is imperative to note that the use of the Web-application and our services (referred to as "Services") is conditioned upon the unconditional acceptance of our General Terms of Use (referred to as "GTU") and our Privacy Policy.
In this context, "Applicable Laws" pertains to the legislation of the European Union, and its member states, to the extent that they are applicable to us.
Access to the Site
Subject to these Terms. neatin technology services GmbH grants you a non-transferable, non-exclusive, revocable, limited license to access the Site.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
neatin technology services GmbH reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that neatin technology services GmbH will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Obligation to Support or Maintenance. You agree that neatin technology services GmbH will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by neatin technology services GmbH or neatin technology services GmbH’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. neatin technology services GmbH and its suppliers reserve all rights not granted in these Terms.
User Terms
Our Services. By either displaying our QR codes or enabling other means of connection, an Establishment may allow you to benefit from some or all of the following neatin Services (the “Services”) provided by neatin technology services GmbH:
- access a menu of items and place an Order;
- place an order, pay the bill, tip, and/or obtain a receipt of a payment transaction;
- leave a review of the Establishment.
Please follow the instructions in the web application to know how to use the Services provided.
Accessing a menu of items and Ordering. You may view the menu of an Establishment and place all or part of your Order directly via the web application. It is your sole responsibility to thoroughly review the menu and ensure that it meets your standards and needs, including seeking clarification from staff of the Establishment.
Paying the bill. You may pay all or part of your total bill via the web application. Solely the orders placed via the neatin web application can be paid with the neatin web application, the orders placed directly with the Establishment’s staff shall be paid directly with them.
Upon the completion of payment through the Web-application, the Establishment will receive the following information: (i) the payment for the corresponding table as processed and recorded via the Web-application, and (ii) your identity, specifically your first and last name. Your receipt will be available for viewing on our Web-application, and can also be sent to you via email to the provided address.
It is your responsibility to review and confirm the accuracy of the bill presented by the Establishment before making any payment. Payment options made available through the Web-application may vary by market and may include, but not limited to, debit/credit card and online payment methods, as authorized by the Establishment. By submitting payment, you agree to provide accurate information and adhere to the terms and conditions of any relevant payment providers (such as credit card providers, prepaid corporate services, online payment systems, etc.), if applicable. Any failure on your part to comply with these obligations will not be the responsibility of us. In the event that payment through the Web-application is unsuccessful, orders must be placed directly with the staff of the Establishment.
Tipping. When paying the bill via the web application, you may be able to leave a tip for the service provided by the Establishment if you wish to do so. The amount you choose to tip will be added to your bill. You are solely responsible for the amount you tip the Establishment for their services. All tips will be distributed entirely among the staff of the Establishment, we will not retain any portion of it.
Service and Web application usage. The use of the web application requires a smartphone and an Internet connection. In order to ensure proper functioning of the web application, it is optimized for the latest versions of Android or iOS. All hardware and software necessary to access the web application and use the Services are at your expense. Payment via our web application implies active means of payment and attached to a solvent account.
You agree to use the web application and the Services in a fair manner, in accordance with their purpose, the applicable legal and regulatory provisions, the GTU and the practices in force. In this respect, you agree not to, in particular:
- provide inaccurate information in the data collection forms of the web application;
- disseminate data, information or content on the web application contrary to the laws and regulations in force, public order or morality;
- refer or create links to any content or information available on the web application without our express, written and prior consent;
- use any information, content or data on the web application to provide a service that we deem, in our sole discretion, to be competitive with the web application;
- sell, trade or monetize any information, content or data on the web application or Services without our express prior written consent
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material used to provide all or any part of the Services on the web application;
- use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the web application;
- endanger or attempt to endanger the security of our sites or web applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization
- infringe or use any of our intellectual property rights;
- simulate the appearance or operation of our sites or web applications, for example by using a mirror effect;
- directly or indirectly disrupt or interfere with the web application or Services, or impose a disproportionately large load on the web application’s infrastructure or attempt to transmit or activate computer viruses through or on the web application.
We take claims of any infringement seriously. We will respond to notices of alleged infringement under applicable laws. If you believe any materials accessible on or from the web application infringe on your rights under applicable law, you may request removal of those materials (or access to them) from the web application by submitting written notification to our designated contact person at contact@neat-in.com.
User Content
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by neatin technology services GmbH. Because you alone are responsible for your User Content, you may expose yourself to liability. neatin technology services GmbH is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to neatin technology services GmbH an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide neatin technology services GmbH with any feedback or suggestions regarding the Site, you hereby assign to neatin technology services GmbH all rights in such feedback and agree that neatin technology services GmbH shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. neatin technology services GmbH will treat any Feedback you provide as non-confidential and non-proprietary.
You agree to indemnify and hold neatin technology services GmbH and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. You agree not to settle any matter without the prior written consent from neatin technology services GmbH. neatin technology services GmbH will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Other Users
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that neatin technology services GmbH will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge neatin technology services GmbH and our officers, employees, agents, successors, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
Cookies and Web Beacons. Like other websites, neatin technology services GmbH uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Disclaimers
The site is provided on an "as-is" and "as available" basis, neatin technology services GmbH and our suppliers expressly disclaim all warranties and conditions of any kind, whether expressed, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantees that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on liability
To the maximum extent permitted by law, in no event shall neatin technology services GmbH or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty euros (€50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
The conditions for the realization of the Orders (follow-up, execution) are under the sole responsibility of the Establishment.
We only play a technical role in the context of your use of the Services and the web application and shall in no way act as a vendor of the products of an Establishment, as an employer or guarantor of an Establishment and/or as a guarantor for you.
You are required to organize with the Establishments the legal and financial conditions of your relations for which you will be the only ones responsible, in compliance with the applicable legal and regulatory conditions. Thus, we cannot be held responsible, in particular, for the failure of the Establishments by not complying with their obligations, for any damage caused to you by the products of the Establishments or to any third party, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of an Establishment, or from an event attributable to a third party or to a case of force majeure.
The information relating to the Establishments (menus, allergens, product availability, conditions of service and any other offers, graphics and photographs illustrating the products of the Establishments, link to a third party site set up by the Establishment) has been communicated by the Establishment where the Order is placed, under its sole responsibility. We do not verify or control this information. We cannot guarantee that this information is complete and up-to-date. It is your responsibility to request any confirmation or additional information directly from the Establishment.
In case of difficulty encountered with an Establishment, we naturally remain at your disposal. To do so, you can contact us through our support mechanisms at our web application or website (https://neat-in.com/).
You are, however, solely responsible for the consequences of your use of the web application and of our Services. You are responsible for ensuring that your use of the web application and our Services complies with the legal and regulatory provisions in force as well as with the GTU. We do not give you any guarantee in this respect.
You are also solely responsible for the notices you may leave on our web application. You release us from any action, claim, condemnation or eviction relating to your use of the web application and/or the Services, for any reason whatsoever, in particular on the basis of the infringement of third-party rights or unfair competition, in any country whatsoever. In such a case, you agree to provide any assistance necessary for our defense. In addition, you agree to assume the full cost of any judgment rendered against us, and all costs, expenses, and attorney’s fees that may result for us. More generally, you agree to fully indemnify us for any direct economic and financial consequences that may result.
You may not blame us for the non-receipt or loss of data transmitted on the web application, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.
In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the GTU on any basis whatsoever.
We shall not be liable for any delay in the performance or non-performance of the GTUs justified by a case of force majeure, as defined by the applicable laws.
Finally, you are aware of the technical hazards and access interruptions that may occur on the web application and more generally related to the Internet. Consequently, we cannot be held responsible for the unavailability or slowdown of the Services and/or the web application.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. neatin technology services GmbH will not have any liability whatsoever to you for any termination of your rights under these Terms.
Copyright policy
neatin technology services GmbH respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent at contact@neat-in.com with:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Modifications
We reserve the right to modify, supplement or replace the GTU, in which case we will notify you accordingly by way of publishing the new GTU on our Site or within the web application. Your continuous use of our web application and Services shall be deemed as your acceptance of these changes.
Personal Data Processing
Both Parties will comply with all applicable requirements of the Data Protection Legislation. This Section is in addition to, and does not relieve, remove or replace, a Party’s obligations or rights under the Data Protection Legislation. In this Section, Applicable Laws means (for so long as and to the extent that they apply to us) the law of the European Union, the law of any member state of the European Union and/or applicable data privacy laws in the United States.
The Parties acknowledge that for the purposes of the Data Protection Legislation, you are the Data Subject and/or Controller and we are the Controller and may also be a Processor. Services and the Order Form set out the scope, nature and purpose of processing by us the duration of the processing and the types of Personal Data and categories of Data Subject.
Without prejudice to the generality of this Section, you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Data to us and/or lawful collection of the Personal Data for the duration and purposes of this Agreement.
Without prejudice to the generality of this Section, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this Agreement: (a) process Personal Data only on your documented written instructions or consent unless we are required by Applicable Laws to otherwise process that Personal Data. Where we are relying on Applicable Laws as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you; (b) ensure that we have in place appropriate technical and organizational measures, reviewed and accessible by you, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it); (c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and (d) For all international transfers of any Personal Data, provide appropriate safeguards in relation to the transfer.
You consent to us appointing a third-party processor of Personal Data under this Agreement, as necessary. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this Personal Data Processing Section and in either case which we confirm reflects and will continue to reflect the requirements of the Data Protection Legislation. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us pursuant to this Section.
Electronic Communications. The communications between you and neatin technology services GmbH use electronic means, whether you use the Site or send us emails, or whether neatin technology services GmbH posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from neatin technology services GmbH in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that neatin technology services GmbH provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to neatin technology services GmbH is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without neatin technology services GmbH’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. neatin technology services GmbH may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
Applicable Law. Jurisdiction. These Terms shall be exclusively governed by and construed in accordance with the laws of Germany.
In the event of any dispute or claim relating to the GTU, including without limitation, their formation, validity, interpretation, performance and/or resolution, you and we agree to seek in good faith, an amicable solution. In the absence of an amicable agreement within 30 (thirty) days following notification of the dispute by the most diligent party by registered letter with acknowledgement of receipt, any dispute between the Parties will be subject to the exclusive jurisdiction of the Courts of Germany, subject to the mandatory provisions applicable when you are a consumer. To do so, you can send us any possible complaint by email : contact@neat-in.com, or by mail to the following address: Barer Str. 70, 80799 Munich (Germany).
When you are a consumer, and in case of a complaint not resolved amicably with us, you can submit the dispute to a consumer mediator. Consumer mediation is available to any person who has a dispute with a professional who has sold him a product or provided a service. Mediation is a method of amicable dispute resolution, free for the consumer and confidential. Thus, you can refer to the consumer mediator in the country in which you used the web application, within one (1) year from the written complaint you sent us.
You may also attempt to resolve the dispute amicably via the online dispute resolution platform implemented by the European Commission, if applicable, and accessible on the following website: https://ec.europa.eu/consumers/odr/main/
