Terms of use

These Terms of Use ("Terms") govern your access to the website, https://nyze.io and use of the Nyze App operated by Nyze Eats GmbH and our subsidiaries and affiliates (collectively, "Nyze," "we," "us," or "our"), together with any content, tools, features, functionality, products, and services offered through our website and App (the "Services").

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NYZE. For purposes of these Terms, "you" and "your" mean you as a user of the Services. If you are using the Services on behalf of a business or other legal entity, "you" includes you and that legal entity, and you represent and warrant that (a) you are an authorized representative of the legal entity with authority to bind the legal entity to these Terms, and (b) you agree to these Terms on behalf of the legal entity.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services. Nyze may terminate these Terms or the Services with respect to you, or suspend or deny access to all or any part of the Services generally, at any time, for any reason, effective immediately.


Supplemental Terms.
Certain Services may be subject to supplemental terms and conditions, such as policies applicable to a particular location, event, program, activity, or promotion. Such Supplemental Terms will be provided to you in separate region-specific information (e.g., on a particular city website) or in connection with the applicable Service(s). Supplemental Terms are in addition to, and considered part of, the Terms for the particular Service(s). Supplemental Terms for a particular Service(s) shall take precedence over these Terms in the event of a conflict with respect to such Service(s).


Updates.
Nyze may change the Terms from time to time. If we do, we will update the "Last Updated" date at the top of these Terms. If we make changes that are material, we will make reasonable efforts to notify you, for example, by email, by app, and/or by prominently posting a notice on the first page of Nyze may change the Terms from time to time. If we do, we will update the "Last Updated" date at the top of these Terms. If we make changes that are material, we will make reasonable efforts to notify you, such as by email, by app, and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to see any such changes. Changes will become effective when Nyze posts the updated Terms or at such later time as may be specified in the updated Terms, at this location, or in the policies or supplemental terms of the applicable Service(s). Your continued access to or use of the Service(s) following such posting constitutes your agreement to be bound by the amended Terms.


Privacy Policy.
Nyze's collection and use of Personal Information in connection with the Services is described in Nyze's Privacy Policy, which can be found at https://nyze.io/privacy.

Who may use the services.
You must be at least eighteen (18) years old and a resident of Germany to use the Services.  Minors under the age of eighteen (18) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.


USER ACCOUNTS.

Account.
In order to use certain aspects of the Services, including placing restaurant orders, you must register for and maintain an active account ("Account"). Account registration requires that you provide Nyze with certain personal information, such as your name, address, cell phone number, and age, and at least one valid payment method supported by Nyze. You agree to maintain accurate, complete and current information in your account. You may access, edit, and update your account through the Account Information feature in the App. Your failure to maintain accurate, complete and current account information, including providing an invalid or expired payment method, may result in your inability to access or use the Services. You are responsible for all activities that occur under your account, and you agree to maintain the security and confidentiality of your account name and password at all times. We will not be liable for any acts or omissions by you in connection with your account. You must notify us immediately at support@nyze.io if you know or have reason to believe that your account or password has been stolen, misappropriated or otherwise compromised, or in the event of any actual or suspected unauthorized use of your account. Unless otherwise permitted by Nyze in writing, you may register and maintain only one account.

Usage requirements and conduct.
You may not allow third parties to use your account, and you may not allow persons under the age of eighteen (18) to use the Services unless they are accompanied by you.


The Services.
The Services allow you to arrange and schedule delivery services for the purchase of certain restaurant offerings ("Restaurant Offerings") from participating restaurant providers (the "Restaurants"). You may place orders for the Restaurant Offerings ("Restaurant Orders") on a weekly subscription basis ("Weekly Subscription"), and the Restaurant Orders will be delivered to you by our independent contract couriers (the "Riders").

Your weekly subscription.
You agree that if you sign up for a Weekly Subscription, your subscription will automatically renew weekly and that your payment method will automatically be charged the Weekly Subscription Amount (as defined below) at the beginning of each new week. Your Weekly Subscription will provide you with access to a certain number of Restaurant Order Coins ("Restaurant Order Coins") each week. When you sign up for the Services and initiate your Weekly Subscription ("Subscription Initiation"), you will specify the number of Restaurant Order Coins you wish to purchase each week. Thereafter, you will receive the same number of Restaurant Order Credits each week unless you modify or cancel your Weekly Subscription in accordance with Section 5.4 below. To receive a Restaurant Order on a particular day, you must place the Restaurant Order using your Restaurant Order Credits no later than 6:00 p.m. on the previous day (in the Restaurant's local time zone). Once a restaurant order is placed, it cannot be changed or cancelled.

Changes in prices or features or restaurant offerings.
Nyze may change the pricing, availability, specifications, content, descriptions or features of any Restaurant Offer at any time. Although we attempt to make our descriptions of restaurant listings as accurate as possible, we do not warrant that the descriptions of restaurant listings are accurate, complete, reliable, current, or error-free. If a Restaurant cancels a Restaurant Order after you have placed it, we will notify you and provide you with the opportunity to (a) select another Restaurant Offer or (b) receive a refund in the form of Restaurant Credits as soon as reasonably practicable. If a Restaurant Order you receive is not as described in the Services, you may request a refund in the form of Restaurant Credits by contacting us at support@nyze.io. The inclusion of Restaurant Offers for purchase through the Services at any particular time does not imply or guarantee that the Restaurant Offers will be available at any other time. We reserve the right to change the prices of Restaurant Offers displayed on the Services at any time and to correct any inadvertent pricing errors (and to cancel, in our sole discretion, Restaurant Orders purchased with pricing errors). All such changes will be effective immediately when the new prices for restaurant listings are posted on the Services and/or when the customer is notified of the pricing error. Any price changes to your weekly subscription amount will be effective 7 days after we notify you of the change by email, at which time you will be responsible for all charges incurred under your account, regardless of whether you have knowledge of such charges or the amount thereof. If you choose not to accept a price change to the Weekly Subscription Amount, you may cancel or modify your account in accordance with Section 5.4 below.

Cancellation and Modification.
To avoid future subscription fees, you must cancel your weekly subscription at least twenty-four (24) hours prior to the renewal date of your next weekly subscription period by sending an email to Nyze at support@nyze.io from the email address associated with your account notifying us of the cancellation. You may change the number of restaurant order credits you purchase each week in connection with your weekly subscription by updating your account through the "My Plan" feature on the Website. The change will be effective on the next renewal date of your weekly subscription period. If you wish to update your weekly subscription by purchasing additional restaurant order credits prior to the next renewal date of your weekly subscription period, you may do so directly through the app under "My Plan".

No weekly Subscriptions or Restaurant Credit Order Credit Refunds.
All payments for weekly subscriptions are non-refundable. However, restaurant order credits never expire and you can use them at any time, even after you cancel your weekly subscription.

Payment.
Payment may be made by credit card, debit card, or by other means we make available on our app or website. You represent and agree that all payment information you provide with respect to your Weekly Subscription is accurate, current and complete. You represent and warrant that you are legally authorized to use the payment method you provide to us and/or our payment processor. You (a) agree to pay the price for your Weekly Subscription as set forth in the applicable Service, which is based on the number of Restaurant Order Credits you choose to purchase each week, as well as any applicable taxes and processing fees associated with your purchase (collectively, the "Weekly Subscription Amount"), (b) acknowledge and agree that your Weekly Subscription will automatically renew on a weekly basis; and (c) authorize us to charge your payment method on a weekly basis for the Weekly Subscription Amount applicable to such period. You agree that we may store and continue to charge your Payment Method to avoid interruption of the Services. All billing and payments will be activated by Nyze using the preferred payment method specified in your account. If it is determined that your primary account payment method has expired, is invalid, or cannot be charged for any other reason, you agree that Nyze may use a secondary payment method in your account, if available. Your weekly subscription will not be processed and you will not receive restaurant order credits for that week until payment is received in full, and any delinquencies in your account by our payment processor are solely your responsibility. Unless otherwise stated, all currency is in U.S. dollars, and all fees and charges are payable in accordance with the payment terms in effect at the time the fee or charge is due. You further acknowledge and agree that fees applicable in certain geographic areas may increase significantly during periods of high demand.

Gratuities for restaurants and Couriers.
Nyze does not designate any portion of your payment as a tip or gratuity to restaurants or couriers. Any representation by Nyze (on the Website, in the App, or in Nyze's marketing materials) that gratuities are "optional," "not required," and/or "included in the payments you make for services or goods provided" is not intended to suggest that Nyze provides additional amounts to restaurants and couriers beyond those described above. You understand and agree that while you are free to make an additional payment as a gratuity, you are not obligated to do so. Tips are voluntary.

Promotional Codes.
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotion Codes") that may be redeemed for discounts on the Services, subject to additional terms and conditions that Nyze may establish. You agree that each Promotion Code (a) must be used in a lawful manner, (b) may only be used once per user, subject to the rule that each user may only have one account, (c) must be used for its intended audience and purpose, (d) may not be duplicated, sold, or transferred in any way or made available by you to the general public (regardless of, whether it is posted in a public forum, a coupon collection service (e) may be deactivated or subject to additional terms and conditions by Nyze at any time for any reason without liability to Nyze, (f) may only be used in accordance with the specific terms and conditions Nyze establishes for such promotional code, (g) are not valid for cash or other credits or points, and (h) may expire prior to your use.

Rights We Grant You.

License Grant.
Subject to your compliance with these Terms, Nyze hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable and non-assignable license to (a) access and use the Site and App and (b) access and use content, information and related materials made available through the Services, in each case solely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the Services as provided by us in the manner permitted by these Terms and subject to the limitations on use described below. Your access to and use of the Services may be interrupted from time to time for a variety of reasons, including, but not limited to, equipment malfunctions, periodic updates, maintenance or repair of the Services, or other actions that Nyze may take in its sole discretion. All rights not expressly granted herein are reserved by Nyze and Nyze's licensors.


Restrictions on Your Use of the Services.

You may not do any of the following, unless applicable laws and regulations prohibit these restrictions or you have our written permission to do so:

Use, reproduce or remove any copyright, trademark or other proprietary notices from any portion of the Services;

Download, copy, reproduce, duplicate, modify, create derivative works based upon, distribute, publish, license, lease, sell, resell, transfer, display, perform, transmit, stream, broadcast, otherwise exploit the Services except as expressly permitted by Nyze, or offer for sale any information contained on or obtained through the Services;

Decompile, reverse engineer, decode, or disassemble the Services (including any underlying idea or algorithm), or attempt to do any of the same, except as may be permitted by applicable law;

Link to, mirror, or frame any portion of the Services;

Use cheats, automation software (bots), hacks, modifications (mods), or other unauthorized third-party software designed to modify the Services;

Exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;

Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;

Use the Services for illegal, harassing, unethical, or disruptive purposes;

Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

Violate any applicable law or regulation in connection with your access to or use of the Services;

Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair any aspect of the Services or its related systems or networks, or interfere with any other party's access to or use of the Services or use any device, software, or routine that causes the same; or

Access or use the Services in any way not expressly permitted by these Terms.


Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your network's data and messaging rates and charges may apply when you access or use the Services from your Device. You are responsible for purchasing and updating any compatible hardware or devices necessary to access and use the Services and for any updates. Nyze does not warrant that the Services or any part thereof will work on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.


Third Party Services and Materials.

Third Party Services.
The services connect you with restaurants and couriers, both of which are considered third-party providers. Couriers may include: (a) Transportation Network Company drivers, which are drivers who provide transportation services through an online application or platform that connects drivers to their own vehicles with passengers; (b) transportation charter permit holders; or (c) holders of similar transportation permits, authorizations, or licenses. Couriers operate as independent contractors and not as employees, partners, agents, joint ventures or franchisees of Nyze, but are bound by contracts with Nyze independent contractors that require the couriers to comply with applicable laws. Nyze is not liable for Restaurants' compliance with Applicable Laws and does not guarantee the quality of Restaurant Orders and does not independently verify any statements or descriptions made by Restaurants with respect to Restaurant Offerings on the Services. Nyze shall not be liable for (i) any delivery services provided by Couriers or (ii) any errors, statements or misrepresentations made by Couriers or Restaurants. You acknowledge and agree that Nyze is not a retail store, restaurant, food preparation entity, food delivery platform or merchandise delivery platform. Unless otherwise agreed to by Nyze in a separate written agreement with you, the Services are provided solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH USE OF THE SERVICES DOES NOT ESTABLISH NYZE AS A PROVIDER OF TRANSPORTATION, LOGISTICS, OR DELIVERY SERVICES OR AS A COMMON CARRIER OR TRANSPORTATION COMPANY.

Third-party materials.
In addition to the content provided by Restaurants, the Services may display, include or make available other third party content (including advertising), data, information, applications or materials ("Third Party Materials") that are not under the control of Nyze. By using the Services, you acknowledge and agree that Nyze is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Sites, and that different terms of use and privacy policies may apply to your use of such Third Party Materials. Nyze makes no warranty with respect to such Third Party Materials and shall in no event be responsible or liable for any Third Party Materials, Third Party Services or Third Party Sites or any other Third Party Materials, products or services. Third Party Materials and links to other websites are provided solely as a convenience to you. If you have any complaints related to Third Party Materials or Third Party Sites, please contact such third parties directly.

User Provided Content.

Your user content.
Nyze may, in its sole discretion, permit you to submit, upload, post or otherwise make available to Nyze from time to time textual, audio and/or visual content and information on the Services, including initiating support requests and submitting entries for contests and promotions ("User Content"). All User Content provided by you remains your property. However, by providing User Content to Nyze, you grant Nyze a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit (including in connection with Nyze's Services and business and on third party websites and services), without any further notice to or consent from you and without requiring any payment to you or any other person or entity. By posting or submitting your User Content through the Services, you represent and warrant that (a) you either are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant Nyze the license to the User Content as described above, and (b) neither the User Content nor your transmission, uploading, posting or otherwise making available of such User Content nor Nyze's use of the User Content as permitted herein infringes, misappropriates or violates any third party's intellectual property or proprietary rights or right of publicity or privacy or results in a violation of any applicable law or regulation. You agree not to provide any User Content that, in Nyze's sole discretion, is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise objectionable, whether or not such material is protected by law. Nyze may, but has no obligation to, review, monitor or remove any User Content in its sole discretion and at any time and for any reason without notice to you.


Infringement Notice - DMCA Policy.
If you believe that any text, graphics, photographs, audio or video files, or other materials or works uploaded to or downloaded from or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our Copyright Agent by providing the following information in writing:

Identification of the copyrighted work claimed to be infringed;

Identification of the material that is claimed to be infringing and that is to be removed, and a description of where it is located on the Service;

Information for our copyright agent to contact you, such as an address, phone number, and email address;

A statement that you have a good faith belief that the identified allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

A statement that the above information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf; and

The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or exclusive right that is allegedly infringed.

Notices of copyright infringement should be sent by mail to: Nyze Eats GmbH, Lohmühlenstr. 65, 12435 Berlin, Germany; or by email to support@nyze.io. We have the discretion to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others, if circumstances warrant.


Ownership.

Ownership of the Services.
The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials are protected by copyright, trademark and other intellectual property laws. You agree that Nyze and/or its licensors own all right, title and interest in and to the Services (including all intellectual property rights therein), and you agree not to take any action inconsistent with such ownership rights. We and our licensors reserve all rights in connection with the Services and their content, including but not limited to the exclusive right to create derivative works. Neither these Terms nor your use of the Services transfer or grant to you any rights (a) in or relating to the Services, except for the limited license granted above, or (b) to use or reference Nyze's or Nyze's licensors' company names, logos, product and service names, trademarks or service marks in any way.

Ownership of trademarks.
The name of Nyze, "Nyze" or "Nyze Eats", the Nyze logo, and all related names, logos, product and service names, designs and slogans are trademarks of Nyze or its affiliates or licensors. Other names, logos, product and service names, designs and slogans appearing on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Ownership of feedback.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that by submitting Feedback, you do not obtain any right, title or interest in or to the Services or any such Feedback. All Feedback shall become the sole and exclusive property of Nyze, and Nyze shall be entitled to use and disclose the Feedback in any manner and for any purpose, without notice or compensation to you and without retaining any ownership or other right or claim. You hereby assign to Nyze all right, title and interest (including, without limitation, patents, copyrights, trade secrets, trademarks, show-how, know-how, moral rights and all other intellectual property rights) you may have in any Feedback.Telephone Calls.You agree that Nyze may contact you by telephone at any telephone number provided by you or on your behalf in connection with a Nyze account, including for marketing purposes. You understand that you do not have to give this consent as a condition of purchasing any property, goods or services. Please see our Privacy Policy at https://nyze.io/privacy.


DISCLAIMERS, Limitation of Liability and Indemnification.

Disclaimers.
Your access to and use of the Services is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NYZE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE "NYZE ENTITIES") DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY CONTAINED IN THESE TERMS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE NYZE ENTITIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO (A) THE RELIABILITY, SECURITY, COMPLETENESS, ACCURACY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, (B) WHETHER THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, (D) THE OPERATION OF OR COMPATIBILITY WITH ANY APPLICATION OR PARTICULAR SYSTEM OR DEVICE, AND (E) THE DELETION OR FAILURE TO STORE OR TRANSMIT YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NYZE ENTITIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. NYZE DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY COURIER OR RESTAURANT, INCLUDING THE ACCURACY OF ALLERGY AND DIETARY INFORMATION PROVIDED BY RESTAURANTS. YOU AGREE THAT ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH SHALL REMAIN SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE NYZE COMPANIES BE LIABLE (A) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF NYZE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) FOR ANY OTHER CLAIMS, DEMANDS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.  THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER, WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT COURIERS MAY PROVIDE RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT NYZE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH SERVICES PROVIDED BY COURIERS EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. THE NYZE COMPANIES' AGGREGATE LIABILITY TO YOU FOR DAMAGES FINALLY AWARDED WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO THE NYZE COMPANIES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Indemnification.
By agreeing to these Terms and accessing or using the Services, you agree to indemnify and hold the Nyze Companies harmless from and against any and all claims, demands, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with (a) your access or use of the Services, (b) your violation of these Terms or any applicable law or regulation, (c) Nyze's use of your User Content, (d) your violation of the rights of third parties, including restaurants and couriers, or (e) your negligence or willful misconduct.


Additional Provisions.

Termination of license and your account.
If you breach any of the provisions of these Terms, all licenses granted by Nyze will automatically terminate. In addition, Nyze may suspend, deactivate or delete your account and/or the Services (or any part thereof) with or without notice and for any reason. If Nyze deletes your account due to a suspected breach of these Terms by you, you are prohibited from re-registering for the Services under any other name. In the event of account deletion for any reason, Nyze may, but is not obligated to, delete your User Content. Nyze is not responsible for the non-deletion or deletion of your User Content. All sections that by their nature should survive termination of these Terms will remain in full force and effect after and notwithstanding any termination of this Agreement by Nyze or you. Termination shall not limit any other rights or remedies of Nyze at law or in equity.

Injunctive Relief.
You agree that a breach of these Terms will cause Nyze irreparable harm for which monetary damages would not be an adequate remedy, and that Nyze shall be entitled to injunctive relief in addition to any remedies it may have under this Agreement or at law, without bond, other security, or proof of damages.

Miscellaneous.
You may not assign these Terms without Nyze's prior written consent. Nyze may freely assign these Terms without your consent, including to (a) a subsidiary or affiliate, (b) an acquirer of Nyze's equity, business or assets, or (c) a successor by merger. Any purported assignment in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Nyze, or any Restaurant or Courier arising out of these Terms or use of the Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be stricken and the remaining provisions will be enforced to the fullest extent of the law. Nyze's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless confirmed and agreed to in writing by Nyze. The waiver by either party of any breach or default under these Terms shall not be deemed a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and have no legal effect. The Services are operated by us in the Federal Republic of Germany. Those who choose to access the Services from locations outside of the Federal Republic of Germany do so on their own initiative and are responsible for compliance with applicable local laws. These Terms shall be governed by the laws of the Federal Republic of Germany, without regard to conflict of law provisions, and the venue for any disputes arising out of or relating to these Terms shall be the courts located in Berlin, Germany.

Auto-Renewal Notice:
Unless you notify us before your weekly subscription period renewal date that you want to cancel or that you do not want to automatically renew your subscription, you understand and agree that your subscription will automatically continue and renew every week, and you authorize us to charge your payment method the applicable subscription price every week.

Updated 16 April, 2021