General Terms and Conditions of eventbro GmbH

§1 Scope and Contracting Parties

(1) These General Terms and Conditions ("GTC") govern the use of the eventbro app and platform by food trucks, gastronomy businesses, or other entrepreneurs ("Organizer") for the sale of food, beverages, and other products to end customers via digital ordering processes using QR code ("Shop").
(2) These GTC apply exclusively to entrepreneurs within the meaning of §14 BGB (German Civil Code), legal entities under public law, or special funds under public law. Consumers within the meaning of §13 BGB are excluded from use.
(3) Deviating, conflicting, or supplementary terms and conditions of the Organizer do not apply, even if eventbro does not expressly object to them.

§2 Subject Matter of the Contract

(1) eventbro provides the Organizer with a digital ordering platform through which end customers can order and pay for food and beverages via QR code or web shop.
(2) eventbro itself does not become a contracting party to the end customer. The purchase contract is concluded exclusively between the Organizer and the end customer.
(3) eventbro provides solely technical services for processing orders and payments and assumes no responsibility for preparation, delivery, quality, availability, or handover of the products.

§3 Registration and Organizer Account

(1) To use the eventbro platform, the Organizer must create an account and provide all required registration data completely and truthfully.
(2) The Organizer must choose secure access data, keep it confidential, and prevent third-party access.
(3) In case of suspected misuse or unauthorized use, eventbro must be informed immediately. eventbro is entitled to temporarily block the account until the matter is clarified.

§4 Services of eventbro

(1) eventbro enables the Organizer to process orders and payments digitally. Technical functions include QR code ordering, shopping cart, payment options, and reporting.
(2) eventbro reserves the right to continuously develop the platform and to change, expand, or restrict functions.
(3) The average availability of the platform is 95% per calendar year, excluding planned maintenance, force majeure, or disruptions beyond eventbro’s control.

§5 Prices and Commission

(1) The Organizer independently sets the prices for the offered products ("Sales Price").
(2) eventbro receives a commission per transaction for each order successfully completed via the Shop:

• 4% of the gross sales price for all payment methods except PayPal

• 3% of the gross sales price for PayPal payments, since the Organizer bears the usual PayPal fees directly

The commission covers all other payment processing fees; eventbro does not bear any additional costs.
(3) The eventbro commission is automatically deducted at the time of payment and forwarded to the eventbro account.
The Organizer receives only the amount reduced by the commission. eventbro does not make any subsequent payouts.
(4) The eventbro commission remains payable even if the end customer does not pick up or cancels the order, unless the cancellation is due to grossly negligent or intentional behavior on the part of eventbro.
(5) All prices include statutory VAT as applicable.

§6 Payment Processing

(1) End customers pay via the payment methods offered in the Shop (e.g. credit card, GiroPay, Apple Pay, Google Pay, SEPA direct debit, PayPal).
(2) Payment is made directly to the Organizer’s account ("Organizer Wallet") managed by the PSP (payment service provider).
The eventbro commission is automatically deducted:

• 4% for all payment methods except PayPal

• 3% for PayPal payments

The Organizer bears the usual PayPal fees directly.
(3) This completes the settlement between eventbro and the Organizer. eventbro does not perform any separate billing or payouts.
(4) Chargebacks: The Organizer bears full risk. eventbro is entitled to offset such amounts against future Organizer revenues or invoice them separately.
(5) eventbro is exclusively a technical service provider and not a contracting party to the purchase contract between Organizer and end customer.

§7 Responsibilities of the Organizer

(1) The Organizer is solely responsible for:

• Content, prices, descriptions, and images in the Shop

• Preparation, quality, delivery, or handover of the products

• Compliance with food regulations, hygiene standards, and official requirements

• Legally required consumer information (imprint, privacy policy, right of withdrawal)

(2) eventbro is not liable for any breaches or errors by the Organizer.
(3) The Organizer indemnifies eventbro from all claims by third parties arising in connection with the Organizer’s services.

§8 Data Protection

(1) eventbro and the Organizer are joint controllers within the meaning of the GDPR for processing customer data.
(2) Data is used by eventbro only for technical order and payment processing. The Organizer processes the data for contract fulfillment and, if applicable, for marketing, provided the end customer has given consent (double opt-in).
(3) End customers are informed transparently in a joint privacy policy.

§9 Liability

(1) eventbro is liable only for intent or gross negligence.
(2) In cases of simple negligence, liability applies only for damages resulting from injury to life, body, health, or essential contractual obligations, and is limited to foreseeable damage.
(3) eventbro is not liable for:

• Preparation, delivery, or quality of the products

• Behavior of end customers

• Failures or chargebacks by payment service providers

• Damages caused by the Organizer or its employees

(4) The Organizer indemnifies eventbro against all third-party claims.

§10 Governing Law and Jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Exclusive place of jurisdiction: Burgwedel, Germany.

§11 Amendments to the GTC

eventbro may amend the GTC with effect for the future. Changes will be communicated at least 30 days before they take effect.
If the Organizer does not object within 30 days, the amendment is deemed accepted.

§12 Severability Clause

If individual provisions are invalid, the validity of the remaining provisions remains unaffected. Statutory provisions take the place of the invalid provisions.