POS, team
and management
Legal information

General Terms and Conditions

for the use of the "Keksu" software of The Bike Café GmbH, Wilhelmstr. 91, 10117 Berlin, Managing Director Ziyu Zhang, Düsseldorf Local Court (Amtsgericht), HRB 104649 (hereinafter "Keksu" or "we") by hospitality businesses (hereinafter the "Customer"). Version dated 18 October 2026.

1. Scope

1.1 These terms apply to all contracts for the use of Keksu, including all modules, apps, interfaces, hardware and services that we offer in connection with Keksu.

1.2 Keksu is aimed exclusively at businesses within the meaning of section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. Consumers cannot use Keksu. By registering, the Customer confirms that it is acting as a business for the stated venue and is authorised to represent it. We may request evidence (trade registration, commercial register extract, VAT identification number) and suspend access until it is provided.

1.3 Different or supplementary customer terms do not form part of the contract, even if we do not expressly object.

1.4 The Data Processing Agreement (clause 9) forms part of the contract. The Privacy policy provides information on the processing of personal data and is not a contractual term.

2. Services

2.1 Keksu is internet-delivered software (Software as a Service) for hospitality businesses. Access is via the browser at keksu.de and the apps we provide.

2.2 Base (free): POS software (POS interface for browser and Android, tables and rooms, receipts, daily and monthly closing, cash book, DSFinV-K export), reports and forecast, menu with images and allergens, one POS device, admin accounts for owner and managers.

2.3 Modules (paid, per venue and billing month, excluding VAT):

2.4 Additional services:

2.5 Current features and prices are set out in the price list at keksu.de/preise and the "Modules & subscription" overview in the admin. Payment fees, third-party accounts and the Customer's own AI accounts are not included in the module prices.

2.6 We develop Keksu continuously. Features marked "in development", "planned" or "beta" are provided without warranty; they may be changed or discontinued. We may change features provided the core contractual purpose is preserved and the change is reasonable for the Customer.

2.7 Keksu is not a payment service provider within the meaning of the German Payment Services Supervision Act (ZAG) and not a tax adviser. Card payments, tax and payroll matters remain the responsibility of the Customer and its service providers.

3. Contract formation and trial

3.1 The contract is concluded when the Customer registers its venue at keksu.de/registrieren, confirms these terms and the Data Processing Agreement and we activate the venue, or when we accept an offer from the Customer in text form. We confirm activation by email; this email contains the contract documents or links to them. We store the version, time and IP address of the confirmation as evidence; the Customer can view them in the admin under Settings › Venue and download them as a PDF.

3.2 The base is permanently free. The Customer can activate paid modules in the admin under "Modules & subscription". The Customer can try each module free of charge once for 30 days. The trial ends automatically; without a booking the module is deactivated and no costs arise. Paid use begins with the booking via the button marked accordingly.

3.3 Access to the shared example business is for demonstration only. No real staff, guest or payment data may be entered; content is reset regularly.

3.4 The Customer ensures that the persons named at registration are authorised to represent the venue and keeps its venue, billing and contact details up to date in the admin.

4. Prices and payment

4.1 All prices are in euros, net, plus statutory VAT. Modules and additional POS devices are charged per venue (location) and billing month. The billing month begins with the booking and ends on the corresponding day of the following month. One-off services (TSE setup, on-site setup, hardware) are charged separately.

4.2 We issue invoices electronically; they are sent by email and available in the admin. The invoice amount is due on receipt. Payment is made by SEPA direct debit or credit card via our payment service provider Stripe or, by agreement, by bank transfer within 14 days.

4.3 If the Customer is more than 14 days in arrears with a payment, we may, after notice in text form with a period of seven days, suspend paid modules until the arrears are settled. The base POS including TSE remains unaffected so that the venue can meet its statutory record-keeping obligations.

4.4 We announce price changes for paid services at least six weeks in advance in text form. They apply only to billing months beginning after this period; current billing months are not changed. The Customer may terminate the affected services with effect from the end of the current billing month before the change takes effect. The base is exempt from price changes.

4.5 The Customer may only set off claims or exercise a right of retention with claims that are undisputed or have been established by a final court decision.

5. Term and termination

5.1 The contract for the base runs for an indefinite period. The Customer may terminate it at any time with 14 days' notice in text form or in the admin. We may terminate it with three months' notice to the end of a month.

5.2 Paid modules and additional POS devices each run for one billing month (clause 4.1) and renew automatically for a further billing month unless cancelled in the admin or in text form by the last day of the current billing month. There is no minimum term unless otherwise agreed in the quote. Cancellation takes effect at the end of the current billing month; the module remains usable until then.

5.3 The right to terminate for good cause without notice remains unaffected. Good cause exists for us in particular if the Customer, despite a reminder, is in arrears with two monthly fees, uses Keksu unlawfully, or turns out not to be a business.

5.4 After the end of the contract, Keksu keeps the Customer's data available for export for 30 days. At the start of this period we offer the Customer the export by email. During this period the Customer can download receipts, cash book, DSFinV-K export, TSE exports, staff data and menu free of charge in the formats offered (CSV, DSFinV-K, TAR). After the period expires we delete the Customer's data, and backups within a further 30 days. Excepted are the POS records (receipts, cash book, closings, TSE archive, source data of the DSFinV-K export): on the Customer's instruction (clause 11.4 of the Data Processing Agreement) we retain these free of charge in locked form for ten years and release them to the Customer or, on its instruction, to the tax authorities; the Customer may instead request deletion at any time. The retention obligations under tax and commercial law (section 147 of the German Fiscal Code (AO), section 257 of the German Commercial Code (HGB)) remain the Customer's obligations; the Customer backs up staff and payroll records itself within the export period.

5.5 On termination by the Customer or by us, we do not refund fees already paid for current billing months; one-off fees (TSE setup, on-site setup) are not refunded.

6. Customer obligations

6.1 Customers keep credentials confidential, provide each person with their own account and immediately revoke access for departing persons. Customers are responsible for actions under their accounts.

6.2 The Customer is responsible for the accuracy of its data, in particular master data for the legal notice and receipts, legal form, representation and VAT identification number (these appear in the Customer's emails and receipts and are maintained under Settings › Venue), prices, tax rates, allergen and additive information, opening hours, staff and payroll data.

6.3 Proper cash register management remains the Customer's responsibility. This includes in particular using a TSE in accordance with section 146a AO and the KassenSichV (German Cash Register Anti-Tampering Ordinance), notifying the tax office of the POS system (section 146a(4) AO) within one month of commissioning and deregistering it on decommissioning, issuing receipts, retaining data and providing the DSFinV-K export to the tax authorities. Keksu provides the technical means for this.

6.4 The staff module supports payroll preparation. Payroll itself, employment decisions, compliance with working-time legislation and informing staff about data processing remain the customer's responsibility.

6.5 For content the Customer uploads or publishes (images, texts, logos, menu, website, TV slides, blog), the Customer ensures that it holds the necessary rights and that no third-party rights or statutory provisions are infringed. Legal texts that Keksu generates from the venue data (legal notice, terms, privacy policy for the venue website and guest pages) are templates that the Customer reviews and completes before publication.

6.6 The Customer does not misuse Keksu, in particular not for unauthorised access, bulk queries, circumventing security mechanisms or processing unlawful content. In the event of a security incident or reasonable suspicion of misuse, we may temporarily suspend affected accounts or features; we inform the Customer without delay and lift the suspension as soon as the cause has been remedied.

6.7 Customers provide internet access, devices and printers of sufficient quality. The POS app buffers orders during connection outages and transmits them once restored; TSE signing occurs when a connection is available.

6.8 The Customer reports defects and faults without delay with a comprehensible description via "Report a problem" in the software or by email and cooperates in the analysis to a reasonable extent (e.g. details of device, time, operation).

6.9 Process documentation: Keksu provides the system documentation for the software (manual, description of the POS functions and the TSE integration). The operational process documentation under the GoBD (German principles for the proper keeping of books and records in electronic form), in particular the description of the Customer's own processes, responsibilities and controls, is created and maintained by the Customer.

7. Special conditions for individual services

7.1 TSE: The cloud TSE is manufactured by Swissbit AG, provided via fiskaltrust Deutschland GmbH, Leverkusen, and certified by the BSI (German Federal Office for Information Security). We set up the TSE and make the signed receipt data and the TSE export available in the admin for the term of the contract. If the TSE fails, the POS generates receipts marked as failure receipts and signs them retrospectively once the TSE is reachable again; we inform the Customer about prolonged outages. Documenting an outage to the tax authorities is the Customer's responsibility. If the TSE's BSI certificate expires or the provider discontinues the service, we provide a replacement TSE without a further setup fee. Registering the POS and TSE with the tax office and deregistering them at the end of the contract is the Customer's responsibility; we provide the necessary details in the admin. The setup fee is not refunded on termination.

7.2 Payments: Keksu records card payments but does not process them. The customer may use any card terminal; with connected terminals (currently SumUp) Keksu only passes the amount and a receipt reference to the terminal and receives the payment status back. The contract for payment processing, terminals and transaction fees exists solely between the customer and their payment provider. Payments never pass through Keksu accounts.

7.3 Vouchers and stamp cards: The Customer is the issuer of vouchers and loyalty cards. It is responsible to its guests for redemption, validity, tax treatment and refunds. For online voucher sales via Stripe, the Customer is the buyer's contracting party; Keksu provides the sales page and the payment processing via the Stripe account.

7.4 QR ordering, website, self-service kiosk: Contracts for food and drinks are concluded exclusively between the Customer and its guests. Keksu is not a contracting party of the guests and accepts no liability for orders, preparation or allergen information. The Customer is the provider of the guest pages; Keksu links to the Customer's legal notice and privacy notice there from the venue data.

7.5 AI features: Translations, text suggestions, notes and answers from the assistant are generated with language models from Anthropic (Claude). They may contain errors; the Customer reviews results before use, in particular prices, allergens and legally relevant information. AI notes are technical information and do not constitute tax, legal or payroll advice; for tax and legal questions, Keksu refers the Customer to its tax adviser or legal adviser. Assistant tools that read or change employee data are switched off by default; the Customer can enable them in the admin and informs its employees beforehand (template in the admin). Via the MCP connector, the Customer connects its own accounts with AI providers; their terms and fees apply. The Customer decides in the admin which areas the assistant may read or change and can disconnect at any time. Write operations (e.g. prices, shifts, absences) are logged under the name of the connected user and count as actions of the Customer.

7.6 Integrations: For connected third-party systems (POS, accounting, automation), the Customer needs its own contract with the provider. We are not liable for the availability, changes or errors of the third-party provider's interfaces; we point out known limitations and endeavour to adapt within a reasonable period. Exports in DATEV format (EXTF) are file exports; there is no partnership with DATEV eG.

7.7 Google reviews: Displaying reviews requires the customer's Google Business Profile and is subject to Google's terms.

7.8 Own domain: Customers retain ownership of their domain and configure the DNS records we specify.

7.9 Hardware: We sell POS devices, receipt printers, card terminals and accessories on the basis of an individual quote, which the Customer requests via keksu.de/hardware. The purchase contract is concluded with our order confirmation in text form. Delivery is against advance payment or on invoice as agreed; the goods remain our property until paid in full. The warranty period is 24 months for new devices and 12 months from delivery for devices marked as used. The Customer notifies defects without delay (section 377 HGB). We remedy defects, at our option, by repair or replacement; if both fail, the Customer may reduce the price or withdraw from the purchase contract for the affected device. Manufacturer warranties remain unaffected. There is no right of return outside the warranty. Card terminals additionally require a contract between the Customer and the payment provider.

7.10 Data access by the tax authorities: If the tax authorities request data access (Z1 to Z3) from the Customer or carry out a cash register inspection (Kassen-Nachschau), we make the DSFinV-K export and the TSE export available to the Customer in the admin within 24 hours of the request, where the Customer cannot retrieve them itself.

8. Availability, maintenance, support

8.1 We provide Keksu with an availability of 99% on an annual average, measured at the handover point of our data centre per calendar year. Not counted are announced maintenance windows, faults outside our control (the Customer's internet access, end devices, third-party providers such as SumUp, fiskaltrust, Swissbit, Google, Apple, Anthropic, Stripe, Brevo) and force majeure. We announce maintenance windows at least 48 hours in advance in the admin; they usually fall between 2 am and 6 am and total no more than eight hours per month. We may install urgent security updates without prior notice.

8.2 We back up data daily and retain backups for at least 14 days.

8.3 We provide support by email at info@keksu.de and via "Report a problem" in the software on working days (Monday to Friday except public holidays in Berlin). Faults affecting the POS function are handled with priority. We offer telephone support by arrangement; there is an entitlement to telephone support, response times or replacement devices only if agreed in the quote.

9. Privacy and data processing

9.1 The customer is the controller under the GDPR for staff and guest personal data. Keksu processes that data as a processor under Article 28 GDPR. The Data Processing Agreement (including Annex 1 "Technical and organisational measures" and Annex 2 "Sub-processors") is concluded electronically on registration and forms part of this contract. The Customer receives a copy as a PDF by email and in the admin. We give four weeks' notice of changes to sub-processors; the Customer may object for good cause.

9.2 The service providers we use (hosting, email, TSE, payments, push notifications, wallet, AI) and the data processed are described in the Privacy policy. Additional transfers, for example to AI providers or third-party systems, are triggered solely by the Customer by activating the respective module, permission or integration.

9.3 We use the Customer's data only to perform the contract and, in anonymised form that cannot be traced back to a venue or a person, to improve Keksu (e.g. forecasts).

9.4 Support access by our staff to the Customer's admin takes place only to fix problems or at the Customer's request and is logged with time, person and reason; the log is available to the Customer in the admin.

10. Rights of use and confidentiality

10.1 For the contract term, customers receive a non-exclusive, non-transferable right to use Keksu for their own business. Use for third parties or resale is not permitted.

10.2 We retain all rights to Keksu software, apps, designs and text. Customers retain all rights to their data and content and grant us only the usage rights needed to fulfil the contract (e.g. displaying menus on the website or images in the POS).

10.3 Customers may name us as a reference; we name customers only with their consent.

10.4 Both parties treat confidential information of the other party that becomes known to them in the course of the contract (in particular revenue, wages, staff data, trade secrets, unreleased features) as confidential and use it only to perform the contract. This obligation continues for three years after the end of the contract; statutory disclosure obligations remain unaffected.

11. Warranty and liability

11.1 We remedy software defects within a reasonable period after the Customer has reported them to us under clause 6.8. For free services (base, trial periods), the warranty rules of sections 523 and 524 BGB apply accordingly; in this respect we are liable only for fraudulently concealed defects.

11.2 We are liable without limitation for intent, gross negligence, damage resulting from injury to life, body or health, fraudulent intent, assumption of a guarantee and under the German Product Liability Act.

11.3 In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Customer may regularly rely), our liability is limited to the typical damage foreseeable at the time the contract was concluded, and at most to the total fees the Customer paid us for the affected service in the twelve months before the damaging event. For free services, we are not liable for slight negligence (sections 521 and 599 BGB accordingly). Otherwise, liability for slight negligence is excluded.

11.4 Where our liability is limited under clause 11.3, we are not liable for indirect damage, consequential damage, lost profit, business interruption, loss of revenue or damage from third-party claims against the Customer, in particular from tax estimates or fines resulting from missing or incorrect entries, omitted exports or omitted notifications by the Customer.

11.5 In the event of data loss, we are liable only for the effort that would have been required for recovery had we performed proper data backups. We are not liable for data that the Customer did not export within the period under clause 5.4 after the end of the contract and that is not among the POS records referred to there.

11.6 We are not liable for the correctness under tax, employment or food law of the data entered by the Customer, for results of AI features that the Customer uses unchecked, for breaches of the Customer's obligations under clause 6.3, or for services of third-party providers with which the Customer has concluded its own contracts.

11.7 The limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

11.8 The limitation period for claims by the Customer is one year from the statutory start of the limitation period, unless a case of unlimited liability under clause 11.2 applies. Clause 7.9 applies to hardware.

12. Changes to these terms

We may amend these terms where this is necessary due to a change in the law, case law, requirements of supervisory authorities, technical circumstances or new features, and does not unreasonably disadvantage the Customer. Principal performance obligations and fees cannot be changed under this clause; clause 4.4 applies to fees. We announce amendments at least six weeks before they take effect, in text form and in the admin. If the Customer does not object within this period, the amended terms are deemed accepted; we specifically point out this consequence and the right to object in the announcement. If the Customer objects, either party may terminate the contract with effect from the date the amendment takes effect.

13. Final provisions

13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Berlin is the jurisdiction for disputes arising from or connected with this contract where the customer is a merchant, legal entity under public law or public-law special fund.

13.3 Contract amendments and additions require text form. This also applies to waiving this clause.

13.4 The Customer may transfer rights and obligations under this contract to third parties only with our consent in text form; section 354a HGB remains unaffected. We may transfer the contract to a company affiliated with us provided the Customer is not placed at a disadvantage; in that case the Customer may terminate without notice.

13.5 Neither party is liable for non-performance to the extent it is due to force majeure (e.g. natural disasters, war, epidemics, official orders, large-scale failures of power or telecommunications networks, attacks on IT infrastructure despite reasonable protective measures). Obligations are suspended for the duration of the disruption; if it lasts longer than 30 days, either party may terminate the contract without notice.

13.6 Should any provision be invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory rule.

Last updated: 18 October 2026 (version 2026-10-18). Earlier versions are available to customers on request.

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