1.1 These Restaurant Platform Terms ("Restaurant Terms") govern the use of the Foodamigos online ordering platform and related services by food-service businesses (each a "Restaurant") that contract with Foodamigos GmbH, Am Hauptbahnhof 6, 53111 Bonn, Germany ("Foodamigos") within a continuing obligation.
1.2 The Services are offered exclusively to entrepreneurs within the meaning of sec. 14 German Civil Code (BGB) acting in the exercise of their commercial or independent professional activity, and not to consumers. By concluding the Order Form, the Restaurant confirms that it acts as an entrepreneur.
1.3 The services covered by these Restaurant Terms comprise the Foodamigos platform, the admin dashboard, the consumer-facing storefronts (website, webshop and QR ordering), APIs and third-party integrations, together with related setup, hosting and support services (together the "Services"). The Core Subscription includes in particular the following features, all of which are fixed components of the Core Subscription and provided at no additional charge:
The Branded Mobile App and the AI Website Builder can be ordered as add-ons pursuant to Section 6. The exact scope results from the Order Form, Section 6 and the applicable service descriptions.
1.4 In the event of conflict, the Order Form prevails over these Restaurant Terms. In data protection matters, the data processing agreement concluded pursuant to Section 16.2 prevails over conflicting provisions of these Restaurant Terms.
1.5 Deviating terms and conditions of the Restaurant do not apply, even if Foodamigos does not expressly object to them.
"Order Form": the restaurant agreement concluded between Foodamigos and the Restaurant that incorporates these Restaurant Terms.
"Restaurant Account": the account provided by Foodamigos through which the Restaurant registers and manages its Locations, configures the Services and orders add-ons.
"Location": a physical food-service outlet operated by the Restaurant and registered under the Restaurant Account.
"Live Location": a Location that (i) has an active Core Subscription and (ii) has been activated to receive End Customer orders (go-live) or, respectively, whose website or Branded Mobile App is live.
"End Customers": the Restaurant's guests and customers who use the storefronts, website, app, reservation or loyalty functions provided through the Services.
"Users": persons authorised by the Restaurant with access to the Restaurant Account (e.g. owners, managers, employees, agents). The Restaurant is responsible for their compliance with these Restaurant Terms.
"Partner": a reseller partner admitted to the Foodamigos Partner Program that orders Services on behalf of food-service businesses.
3.1 Conclusion. The contract is concluded upon conclusion of the Order Form, i.e. the Restaurant's signature and Foodamigos' acceptance, for example by confirmation in text form or activation of the Restaurant Account. Foodamigos may carry out reasonable checks in connection with acceptance (e.g. verification of identity, business status, VAT ID, sanctions screening) and request suitable documentation. The Restaurant notifies Foodamigos without undue delay of any changes to the information provided.
3.2 Account security. Restaurant Account credentials must be kept confidential and protected against misuse. The Restaurant informs Foodamigos without undue delay of any suspected compromise. The Restaurant is responsible for all activities under its Restaurant Account, including those of its Users, unless the Restaurant is not at fault.
3.3 Permitted use. The Restaurant Account may be used only for the Restaurant's own Locations under these Restaurant Terms. The Restaurant may not share credentials with third parties who are not Users, may not use the Restaurant Account to provide the Services to other food-service businesses, and may not transfer the account or the Services to another person or entity outside Section 19 (Assignment). Providing the Services to other food-service businesses requires admission to the Foodamigos Partner Program.
4.1 Registration of Locations. The Restaurant may register Locations that it operates itself under its Restaurant Account. Upon registration the Restaurant provides complete and accurate details for each Location, including at least the trading name, business address, opening hours and the mandatory legal information required for the Location's storefront.
4.2 Ordering of add-ons. The Restaurant orders add-ons (Section 6) per Location via the functions of the Restaurant Account. Orders placed through the Restaurant Account are binding upon confirmation by Foodamigos, at the latest upon activation of the add-on.
4.3 Go-live. The Restaurant decides when a Location is switched live to receive End Customer orders. Before go-live the Restaurant ensures that the Location's menu, prices, mandatory legal information and payment setup are complete and accurate.
4.4 Own Locations only. The Restaurant may register only Locations that it operates itself or that are operated by companies under common control with the Restaurant. Locations of third parties may not be registered under the Restaurant Account.
5.1 Partner-served Restaurants. Where the Restaurant is registered under the account of a Partner, the Partner orders the Services on the Restaurant's behalf and is invoiced by Foodamigos. In that case Sections 6 (Prices) and 11 (Fees, Invoicing and Payment) do not apply between Foodamigos and the Restaurant. The fees the Restaurant owes to the Partner are governed exclusively by the agreement between the Restaurant and the Partner; Foodamigos is not a party to that agreement and not responsible for it.
5.2 Partner support. For a Partner-served Restaurant, the Partner is the first-level contact for technical and general support enquiries. If the Partner does not respond to a support enquiry within 48 hours (business hours), the Restaurant may contact Foodamigos support directly.
5.3 Partner access. The Restaurant authorises its Partner to access and configure the Restaurant Account and its Locations to the extent required for the Partner's services. The Restaurant determines the scope of that authorisation and may restrict or revoke it by notice to Foodamigos in text form. The Partner acts on the Restaurant's instructions and not as an agent of Foodamigos.
5.4 Switching. The Restaurant may at any time, by notice to Foodamigos in text form, switch from a Partner to a direct relationship with Foodamigos, from a direct relationship to a Partner, or from one Partner to another. A switch takes effect on the first day of the billing month following receipt of the notice, unless the parties agree otherwise. Upon a switch to a direct relationship, the prices of the Order Form and Sections 6 and 11 apply; Foodamigos confirms the switch in text form. Upon a switch away from a Partner, the Partner's access under Section 5.3 ends.
5.5 End of Partner relationship. If the Partner's participation in the Foodamigos Partner Program ends, Foodamigos may contact the Restaurant to ensure continuity of the Services. Services already invoiced to the Partner continue until the end of the invoiced period. The Restaurant may then continue the Services directly with Foodamigos, through another Partner, or terminate its Restaurant Account in accordance with Section 18.
6.1 Prices. The prices for the Services result from the Order Form and the price table in Section 6.2. All prices are per Location, per month. There are no setup fees or other one-time fees. All prices are net of applicable VAT or sales tax.
6.2 Discount eligibility. Once the Restaurant has twenty (20) or more Live Locations, the following discounted price applies to all Live Locations under the Restaurant Account:
| Service (per Location / month, net) | Standard Price | From 20 Live Locations |
|---|---|---|
| Core Subscription | USD 35.00 | USD 25.00 |
| Branded Mobile App (iOS & Android) | USD 19.00 | USD 19.00 |
| AI Website Builder | USD 29.00 | USD 29.00 |
6.3 Mechanics. The number of Live Locations is measured on the last day of each calendar month and displayed in the Restaurant Account. When the threshold of 20 Live Locations is reached, the discounted price applies from the first day of the following billing month. If the number of Live Locations falls below 20 in two (2) consecutive calendar months, the standard price applies again from the first day of the month following the second of those months. Foodamigos informs the Restaurant of any change in discount status in text form or via the Restaurant Account.
6.4 Price adjustments. Foodamigos may adjust the contractually agreed fees from time to time. Adjustments are notified to the Restaurant in text form at least four (4) weeks before they take effect; the notice states the reason, scope and effective date. Adjustments are made at reasonable discretion (sec. 315 BGB), taking appropriate account of the Restaurant's interests and based on objective grounds (e.g. changed personnel, energy, hosting, security or third-party costs, or changed market or regulatory conditions). Where costs decrease, Foodamigos will reduce fees to a corresponding extent; purely profit-increasing adjustments are excluded. If an adjustment exceeds the previous fees by more than 10% within twelve (12) months, the Restaurant has a special right of termination effective the end of the month before the adjustment takes effect, to be declared in text form within two (2) weeks of receipt of the notice.
6.5 Free trial. The Restaurant's first Location receives a free trial of thirty (30) days for the Core Subscription, beginning on the day that Location is switched live to receive orders. The free trial applies once per Restaurant Account and only to the first Location. Every additional Location is billed from the day it is switched live, with no further trial period. Add-ons are billed from activation.
6.6 Start of billing; proration. Billing for a Location starts only once that Location is switched live to receive orders or, respectively, once its website or Branded Mobile App is live, and, for the first Location, after the free trial has ended. Partial billing periods are prorated.
7.1 Processing through Foodamigos. Online payments by End Customers are processed exclusively through Foodamigos via the payment service provider engaged by Foodamigos. The Restaurant may not connect or use its own payment processor for payments through the Services. The Restaurant completes the onboarding and verification (KYC) required by the payment service provider; the payment service provider's terms apply to the payment services in addition.
7.2 Processing fees. Payment processing fees correspond to the standard rates for the Restaurant's country as shown in the Restaurant Account. Processing fees are charged by or through the payment service provider in connection with each transaction and are not fees under this contract.
7.3 Payouts. Order revenue collected on the Restaurant's behalf, less processing fees and any amounts under Section 7.4, is paid out to the bank account registered by the Restaurant in accordance with the payout schedule shown in the Restaurant Account.
7.4 Refunds, chargebacks and fraud. Refunds initiated by the Restaurant, chargebacks, reversals and fraud losses relating to the Restaurant's orders are borne by the Restaurant. Foodamigos may set such amounts off against future payouts or invoice them to the Restaurant. Foodamigos and the payment service provider may hold back payouts to the extent reasonably necessary to cover open or expected chargebacks.
7.5 Cash and offline payments. Orders paid in cash or by other means outside the Services are settled directly between the Restaurant and the End Customer and are not subject to Section 7.
8.1 Content responsibility. The Restaurant is solely responsible for the legality, accuracy and completeness of all content it publishes through the Services, including menus, prices, images, descriptions, allergen and food information, opening hours, delivery areas and the mandatory legal information for its storefront, website and app (e.g. imprint, privacy policy, terms towards End Customers). The Restaurant complies with all applicable law towards End Customers, including food law, price indication, consumer protection and distance-selling law.
8.2 Contract with End Customers. Orders and reservations placed through the Services create a contract exclusively between the Restaurant and the End Customer. Foodamigos is not a party to that contract, does not sell food or beverages and is not responsible for fulfilment. The Restaurant fulfils orders, handles End Customer complaints and grants refunds in accordance with its own terms and applicable law.
8.3 Third-party rights. The Restaurant warrants that it holds all rights required to publish its content, in particular images, brand assets and third-party trademarks, and that its content does not infringe third-party rights.
8.4 Compliance; anti-corruption; sanctions. The Restaurant complies with all applicable laws in connection with the Services, including anti-corruption, anti-money-laundering, tax, sanctions and export control rules. A material breach of this Section entitles Foodamigos to terminate for cause.
8.5 Accurate representation. The Restaurant accurately represents its use of the Services and may not describe itself as a representative, agent or partner of Foodamigos. The Restaurant refrains from acts and statements detrimental to the Services, business, integrity or reputation of Foodamigos.
9.1 Support. Foodamigos provides support to the Restaurant by e-mail at help@foodamigos.io and through the help centre during business hours (Monday to Friday, excluding public holidays in North Rhine-Westphalia, Germany). For Partner-served Restaurants, Section 5.2 applies.
9.2 Onboarding materials. Foodamigos provides self-service onboarding materials (e.g. guides, video tutorials and the help centre). Individual onboarding or training sessions are not part of the Core Subscription unless agreed separately.
9.3 No service levels beyond the foregoing are owed unless expressly agreed in the Order Form.
10.1 Restaurant branding. The storefront, website, Branded Mobile App, End Customer e-mails and automated messages carry the Restaurant's branding. The Restaurant deposits its name, logo and brand assets in the Restaurant Account. Foodamigos may display a discreet "Powered by FoodAmigos" reference on storefronts, websites and in End Customer communications.
10.2 Foodamigos marks. Foodamigos grants the Restaurant a simple (non-exclusive), non-transferable right, limited to the term of this contract, to use the Foodamigos name and logos made available to it solely to state that it uses the Services. The Restaurant may not alter Foodamigos marks, use them in a misleading manner, or register or use marks, names or domains identical or confusingly similar to Foodamigos marks.
10.3 Reference. Foodamigos may name the Restaurant as a reference customer. Detailed presentations (e.g. case studies with figures) require the Restaurant's prior consent in text form. All rights granted under this Section end upon termination of this contract.
11.1 Invoicing. Foodamigos invoices the Restaurant monthly, within the first three (3) days of the month, for all Services under the Restaurant Account, with one cumulative invoice covering all Locations including a per-Location breakdown. Payments are due within fourteen (14) days of invoicing. Amounts are collected by SEPA direct debit or by debit/credit card via the payment service provider engaged by Foodamigos, as set up in the Restaurant Account.
11.2 Default. In the event of late payment, Foodamigos issues a reminder in text form and sets a grace period of seven (7) calendar days. For each failed direct debit or chargeback for which the Restaurant is responsible, Foodamigos may charge a handling fee of USD 5.00 (net), provided the corresponding expense was actually incurred; claims for further default damages remain unaffected. Default interest accrues at the statutory rate under sec. 288(2) BGB.
11.3 Set-off; retention. The Restaurant may only set off, or exercise rights of retention based on, claims that are undisputed or finally established by a court.
11.4 Suspension for default. If the Restaurant remains in default of payment for more than twenty-one (21) days despite a reminder, Foodamigos may suspend Services and/or access to the Restaurant Account pursuant to Section 14 until payment. Suspension does not release the Restaurant from its payment obligations for ordered Services.
12.1 Foodamigos provides the platform and support to the contractually agreed extent. No particular revenue, order, ranking or conversion development is owed.
12.2 Foodamigos may at any time make changes to the platform required to remedy security risks, ensure stability, implement legal or regulatory requirements, or adapt integrations to third-party requirements; where strictly necessary, such changes may be made without prior notice, in which case Foodamigos informs the Restaurant afterwards.
12.3 Foodamigos announces other reasonable functional changes that do not materially impair the contractually owed main services with reasonable notice (generally at least four (4) weeks). If a planned change is expected to result in a more than insignificant adverse impairment of contractual use, Foodamigos informs the Restaurant in text form at least four (4) weeks before it takes effect; the Restaurant may object up to two (2) weeks before it takes effect. If no agreement is reached after an objection, the Restaurant has a special right of termination effective when the change takes effect; until then the previous services and fees continue to apply.
12.4 Third-party services (e.g. payment service providers, app stores, mapping services, Google services, delivery platforms, POS systems) are governed by the respective third party's terms. Foodamigos is not responsible for the availability, functionality, prices or legal compliance of third-party services and does not become a party to them.
12.5 App stores. Publication of the Branded Mobile App is subject to review and acceptance by the respective app store operators. Foodamigos does not guarantee acceptance or publication within a particular time and is not responsible for removals or rejections by app store operators for reasons attributable to the Restaurant's content or to the operator's policies.
13.1 Restaurant Content. The Restaurant or its licensors retain all ownership and intellectual property rights in the Restaurant Content. "Restaurant Content" means all data (including personal data), texts, images, audio and video content, brand assets and other content and materials, in any format, provided by the Restaurant or its Users and stored in or operated on or through the platform or the Restaurant Account. The Foodamigos platform, software and tools, other Foodamigos products and services and Foodamigos intellectual property, including all adaptations thereof, are not Restaurant Content.
13.2 Platform ownership. All rights in the platform, the underlying software, source code, documentation, data structures, templates, designs and technologies, including all adaptations and everything developed or delivered by or on behalf of Foodamigos under this contract, remain with Foodamigos or its licensors.
13.3 Hosting licence in favour of Foodamigos. The Restaurant grants Foodamigos the non-exclusive right to host, use, process, display and transmit Restaurant Content solely to the extent necessary to provide the Services under this contract. The Restaurant warrants that it is entitled to grant this right.
13.4 Restaurant licence. Foodamigos grants the Restaurant a simple (non-exclusive), non-transferable, non-sublicensable right, limited to the term of this contract, to use the Restaurant Account and the Services for its own Locations. Mandatory statutory rights remain unaffected.
13.5 Restrictions. Except as permitted in this contract, the Restaurant may not, and may not permit third parties to, (a) reverse engineer, decompile, disassemble, reproduce or copy parts of the platform except as permitted by mandatory law; (b) rent, sell, sublicense, resell or otherwise make access to the platform available to third parties; or (c) use access to the Services to develop a competing product by systematically copying protected elements of the platform.
13.6 Third-party content. Ownership of and usage rights in third-party content or applications accessed via the platform are governed by the respective third party's terms.
13.7 Open source. For third-party and open-source components, the respective licences prevail; the Restaurant is referred to the corresponding licence notices.
14.1 Foodamigos is entitled to remove content, restrict functions and/or temporarily or permanently suspend the Restaurant's access or individual user accounts if (a) there are sufficient indications of a breach of contractual obligations or statutory provisions; (b) third-party rights are infringed or such infringement is imminent; (c) security risks exist for the platform, data or systems; (d) official orders or legal obligations so require; or (e) the Restaurant is in default of payment for more than twenty-one (21) days despite a reminder. Measures must be limited in nature, scope and duration to what is necessary and are lifted as soon as the ground for suspension ceases.
14.2 Where possible, Foodamigos informs the Restaurant in advance in text form of intended measures, states the relevant grounds and gives the Restaurant the opportunity to comment. In cases of imminent danger or to avert significant risks, Foodamigos may act immediately and provide the information and reasons without undue delay afterwards.
14.3 Foodamigos maintains an internal complaints procedure through which the Restaurant can contest measures under this Section. Complaints must be submitted in text form; Foodamigos reviews them without undue delay and communicates a reasoned decision within a reasonable period. Statutory rights and contractual termination rights remain unaffected.
15.1 Both parties undertake to treat as strictly confidential all non-public information of the other party obtained in connection with this contract, including technical information, business and trade secrets, End Customer data, reporting and performance data.
15.2 Disclosure is permitted only to the extent required by law or to professional advisers subject to statutory confidentiality obligations, and only to the extent necessary.
15.3 The confidentiality obligation applies for the term of this contract and for three (3) years after its end. Notwithstanding the foregoing, Foodamigos protects the confidentiality of Restaurant Content on the platform for as long as such content remains on the platform.
16.1 Each party is responsible for compliance with applicable data protection law within its own area of responsibility. For the business contact details of the other party's personnel, each party acts as an independent controller.
16.2 Personal data of End Customers is processed by Foodamigos on behalf of the Restaurant as controller. For this purpose the parties conclude the Foodamigos Data Processing Agreement (DPA) for Restaurants pursuant to Art. 28 GDPR, which forms Annex 1 to the Order Form.
16.3 Where the Restaurant is served through a Partner, the Partner's access to End Customer data is based on the Restaurant's authorisation under Section 5.3. The Restaurant is responsible for ensuring that its agreement with the Partner covers that access.
16.4 Foodamigos may use anonymised or aggregated data for the operation, security, quality assurance and further development of the platform.
16.5 The Restaurant fulfils its own obligations under applicable data protection, e-privacy and cookie law towards End Customers, including maintaining an easily accessible privacy policy on its storefront, website and app and obtaining required notices and consents (including for cookies, tracking technologies and marketing communications). Foodamigos provides the technical means to display a privacy policy and to obtain cookie consent; the Restaurant is responsible for the content of its privacy policy and for the lawful use of the marketing functions.
16.6 Security. Foodamigos operates the platform in accordance with the state of the art, using appropriate technical and organisational measures to protect Restaurant Content, including access controls (need-to-know), encryption of data transmissions, logging of security-relevant events, vulnerability management, regular security and patch updates, backup and recovery processes and a roles-and-permissions concept. In the event of significant security incidents affecting the platform or the Restaurant's data, Foodamigos informs the Restaurant without undue delay of the known facts, measures taken and, where available, guidance on risk mitigation.
17.1 Statutory warranty law applies. Foodamigos does not warrant any particular economic success of the Restaurant.
17.2 Foodamigos is liable without limitation in cases of intent and gross negligence, for damage arising from injury to life, body or health, and under the German Product Liability Act.
17.3 In cases of simple negligence, Foodamigos is liable only for breach of material contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Restaurant regularly relies and may rely), limited to the foreseeable damage typical for the contract. The parties agree that the foreseeable damage typical for the contract does not exceed the total amount the Restaurant pays Foodamigos for the Services per calendar year.
17.4 In cases of simple negligence, Foodamigos is not liable for lost profit.
17.5 In the event of data loss, liability is limited to the recovery effort that would have been incurred even with proper, regular data backups. The Restaurant creates backup copies of its data (e.g. via the export functions) at reasonable intervals to the extent customary and reasonable.
17.6 Foodamigos is not liable for third-party services (including payment service providers, app stores, mapping and Google services, delivery platforms and POS systems), for the content, operation or legality of the Restaurant's offerings towards End Customers, or for the contractual relationship between the Restaurant and its End Customers (Section 8.2).
17.7 The Restaurant is responsible towards Foodamigos for damage and liabilities incurred by Foodamigos as a result of the Restaurant's breaches of these Restaurant Terms or applicable law, in particular through unlawful content or breaches of food, consumer or data protection law, and indemnifies Foodamigos against corresponding third-party claims, unless the Restaurant is not at fault.
17.8 Claims of the Restaurant against Foodamigos under this contract become time-barred twelve (12) months after they arise and the Restaurant becomes aware of the circumstances giving rise to the claim; this does not apply to claims under Section 17.2 or where mandatory law provides for longer limitation periods.
18.1 Term. Term and ordinary termination of this contract result from the Order Form. Unless agreed otherwise, the contract has an initial term of one (1) month, renews automatically for successive one-month periods and may be terminated by either party in text form with effect to the end of the then-current contract month. Individual Locations or add-ons may be deactivated by the Restaurant via the Restaurant Account with effect to the end of the then-current billing month.
18.2 Termination for cause. Either party may terminate for cause without notice. For Foodamigos, cause exists in particular in the event of material breach after unsuccessful warning, persistent payment default despite reminder and expiry of a reasonable grace period, significant data protection, IT security or confidentiality breaches, impermissible use or manipulation of the platform, use of the Restaurant Account for third-party food-service businesses, insolvency events, and breaches of sanctions, anti-money-laundering or anti-corruption rules.
18.3 Inactivity. If the Restaurant Account has no Live Location for six (6) consecutive months, Foodamigos may terminate this contract with reasonable advance notice in text form.
18.4 Consequences of termination. Upon the end of the contract, the usage rights granted hereunder end, Foodamigos may block access to the Restaurant Account, take the Restaurant's storefront, website and Branded Mobile App offline and remove the Branded Mobile App from the app stores, and outstanding fees for services already provided become due. Domain names registered in the Restaurant's own name remain with the Restaurant. Rights and remuneration for periods before termination takes effect remain unaffected.
18.5 Survival. Provisions intended by their nature to survive (in particular confidentiality, liability, payment obligations, data export, final provisions) continue to apply beyond termination.
18.6 Data export. During the term of the contract, the Restaurant may at any time export its data via the export functions of the Restaurant Account. Upon expiry or termination of this contract for any reason, the Restaurant is entitled to a complete export of the data processed under the Restaurant Account, including Location master data, menus and menu structures, End Customer records and order history, in a structured, commonly used and machine-readable format (CSV or JSON). Foodamigos provides the export free of charge within thirty (30) days of a request in text form, provided the request is made within ninety (90) days of the effective termination date. Return and deletion of personal data are further governed by the Data Processing Agreement (Annex 1 to the Order Form).
19.1 The Restaurant may transfer this contract as a whole only with Foodamigos' prior consent in text form to an entity that takes over its restaurant business in whole or in substantial part; consent may not be unreasonably withheld provided that (i) all fees due have been paid and (ii) the transferee accepts the then-current Restaurant Terms and passes Foodamigos' checks under Section 3.1. Partial transfers require Foodamigos' express consent.
19.2 Foodamigos may transfer this contract to an affiliated company within the meaning of secs. 15 et seq. German Stock Corporation Act or in the context of a corporate transaction, provided the Restaurant's rights are not impaired thereby.
Neither party is liable for non-performance of contractual obligations to the extent caused by force majeure events (e.g. natural disasters, pandemics, war, strikes, official orders, large-scale failures of telecommunications or energy infrastructure not attributable to the obligated party). The parties inform each other without undue delay and cooperate to mitigate damage; deadlines are extended by the duration of the event. If the event lasts longer than thirty (30) days, either party may terminate affected services not yet provided by notice in text form. Payment obligations for services already provided remain unaffected.
21.1 Independent parties. The parties act as independent contractors. This contract creates no partnership, joint venture, agency, employment or franchise relationship. Neither party is entitled to make binding declarations on behalf of the other party.
21.2 Changes to these Restaurant Terms. Foodamigos may amend these Restaurant Terms with effect for the future to the extent required by changes in the law, case law, market or technical conditions, or the further development of the Services. Foodamigos notifies the Restaurant of amendments in text form at least four (4) weeks before they take effect and highlights the amendments. If the Restaurant does not object in text form within four (4) weeks of receipt, the amendments are deemed accepted, provided Foodamigos has specifically pointed out this legal consequence in the notice. If the Restaurant objects, Foodamigos may terminate the contract with ordinary notice; until then the previous terms continue to apply.
21.3 Text form. Amendments and additions to this contract require text form; this also applies to the waiver of this form requirement.
21.4 Severability. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the provision that comes closest to the economic intent.
21.5 Governing law; jurisdiction. This contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent the parties can validly so agree, the exclusive place of jurisdiction is the registered seat of Foodamigos GmbH (Bonn, Germany).