Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website and services provided by techconsult AG ("Company," "we," "our," or "us"). By accessing our website, using our services, or engaging with our consulting offerings, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our website or services. Your continued use of our services constitutes acceptance of any modifications to these Terms.

These Terms apply to all users of our website and clients of our drive-thru optimisation consulting services, including businesses, individuals, and other entities that access or use our services in any manner.

Company Information

techconsult AG is a German corporation registered in Hamburg, specialising in drive-thru optimisation consulting services for restaurants and food service businesses.

Services Description

techconsult provides professional consulting services focused on drive-thru optimisation for restaurants and food service businesses. Our services include but are not limited to:

• Operational analysis and workflow assessment
• Technology integration planning and implementation guidance
• Staff training programmes and materials
• Layout optimisation and traffic flow improvement
• Menu engineering and strategic positioning
• Performance monitoring and analytics setup
• Custom consulting solutions tailored to specific business needs

All services are provided subject to separate consulting agreements that will specify the scope, deliverables, timelines, and fees for each engagement.

User Obligations

By using our website and services, you agree to the following obligations and responsibilities:

General Conduct

• Provide accurate, complete, and current information when requested
• Use our services only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of techconsult and third parties
• Not interfere with or disrupt our website, services, or servers
• Not attempt to gain unauthorised access to any part of our systems
• Comply with all applicable laws and regulations in your jurisdiction

Client Responsibilities

• Provide necessary access, information, and cooperation for service delivery
• Implement recommendations in accordance with agreed specifications
• Make timely payments as specified in consulting agreements
• Maintain confidentiality of proprietary methodologies and materials
• Use our services and recommendations in good faith for legitimate business purposes

Intellectual Property

All content, materials, methodologies, software, designs, text, graphics, logos, and other intellectual property on our website and in our services are owned by techconsult or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Our Rights

• We retain all rights, title, and interest in our proprietary methodologies, processes, and materials
• Our consulting recommendations and strategies remain our intellectual property
• The techconsult name, logo, and branding are our exclusive trademarks
• All website content, including text, images, and design elements, are protected by copyright

Your Rights and Restrictions

• You may use our materials solely for the purpose of implementing our recommendations in your business
• You may not reproduce, distribute, or create derivative works from our proprietary materials
• You may not reverse engineer or attempt to discover our proprietary methodologies
• Any improvements or modifications you make based on our recommendations do not grant you rights to our underlying intellectual property

Payment Terms

Payment terms for consulting services will be specified in individual consulting agreements. General payment principles include:

• Fees are due as specified in the consulting agreement
• Late payments may incur additional charges as permitted by law
• All fees are exclusive of applicable taxes, which are the client's responsibility
• Refunds are subject to the specific terms of each consulting agreement
• We reserve the right to suspend services for non-payment

Limitation of Liability

To the maximum extent permitted by applicable law, techconsult's liability is limited as follows:

Disclaimer of Warranties

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 warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Damages

In no event shall techconsult be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

Maximum Liability

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim during the twelve months preceding the claim.

Implementation Results

We provide professional recommendations based on our expertise and analysis, but we cannot guarantee specific business results or outcomes from implementing our recommendations. Success depends on various factors beyond our control, including implementation quality, market conditions, and operational execution.

Confidentiality

Both parties acknowledge that confidential information may be disclosed during the course of our business relationship. We agree to:

• Maintain strict confidentiality of your business information, operational data, and proprietary details
• Use confidential information solely for the purpose of providing our services
• Not disclose confidential information to third parties without written consent
• Return or destroy confidential information upon termination of our relationship

You similarly agree to maintain confidentiality of our proprietary methodologies, processes, and any confidential information we share with you.

Indemnification

You agree to indemnify, defend, and hold harmless techconsult, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of our services or website
• Your violation of these Terms
• Your violation of any third-party rights
• Your implementation of our recommendations
• Any negligent acts or omissions in connection with your business operations

Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Hamburg, Germany, and you hereby consent to personal jurisdiction and venue therein.

For clients located in other EU member states, nothing in these Terms shall deprive you of the protection afforded by provisions of the law of your country of residence that cannot be derogated from by agreement.

Dispute Resolution

We encourage resolution of disputes through direct communication. If a dispute cannot be resolved informally, we agree to the following process:

1. Negotiation: Good faith negotiations between the parties for a period of 30 days
2. Mediation: If negotiation fails, mediation through a mutually agreed mediator
3. Arbitration or Litigation: Final resolution through arbitration or court proceedings as appropriate under German law

Termination

Either party may terminate our services relationship under the following circumstances:

Termination for Convenience

Either party may terminate ongoing services with written notice as specified in the relevant consulting agreement, typically 30 days for ongoing services.

Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• Materially breaches these Terms or any consulting agreement
• Fails to cure a breach within 15 days of written notice
• Becomes insolvent or files for bankruptcy
• Engages in conduct that damages the other party's reputation or business

Effect of Termination

Upon termination:

• All unpaid fees become immediately due and payable
• Each party must return confidential information belonging to the other
• Surviving provisions of these Terms remain in effect
• You may continue to implement previously delivered recommendations

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or other unforeseeable events.

The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact of such circumstances.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any executed consulting agreements, constitute the entire agreement between you and techconsult regarding the use of our website and services, and supersede all prior agreements and understandings.

No modification of these Terms shall be effective unless in writing and signed by both parties.

Changes to Terms

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

We encourage you to review these Terms periodically to stay informed of any updates or changes.

Contact Information

For questions about these Terms or our services, please contact us: