terms

This English version is provided for convenience. In case of doubt, the German version (AGB) prevails.

1. scope

These terms apply to all contracts for the spooon all-inclusive care package between Maus and Friends – Sole Establishment, owner Daniel Maus, Office 1915, Marquise Square Tower, Business Bay, Dubai, United Arab Emirates (eTrader licence no. 1665058, Department of Economy and Tourism, Dubai) – “spooon” – and the customer.

The offer is aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), i.e. restaurants and other businesses acting in the course of their trade or profession when entering into the contract. We do not enter into contracts with consumers. Deviating terms of the customer only apply if spooon expressly agrees to them in text form.

2. services

The all-inclusive care package includes:

• Website design: design of a website for the customer’s business based on the content the customer provides.
• Setup: technical setup and publication of the website.
• Ongoing care with unlimited changes: changes to the content, e.g. menu, prices, opening hours, texts, images and specials, as often as the customer likes.

“Unlimited changes” refers to changes within the usual scope of ongoing maintenance. A complete redesign, new features (e.g. online shop, delivery service, third-party booking systems) or additional websites are not included and can be agreed separately. spooon implements change requests within a reasonable time; several requests are handled in the order received.

spooon operates the website for the term of the contract. Costs for the customer’s own domain or for third-party services the customer books are not included.

3. conclusion of contract

On spooon.io/checkout the customer enters their details, chooses a payment method, confirms these terms and submits the order using the order button. Until then they can correct all entries in the form or cancel the process. By submitting the order, the customer makes a binding offer. The contract is concluded when the first payment succeeds. spooon confirms receipt of the order without delay on the confirmation page; the invoice follows by email.

The customer receives the order details with the invoice. They can view and save these terms on this page at any time. The language of the contract is German.

4. prices

Website design and setup cost €0. The all-inclusive care package costs €49 per month. All prices are net prices. spooon is based outside the EU and does not charge VAT; any VAT due in the customer’s country is owed by the customer as recipient under the reverse-charge procedure (in Germany Section 13b(2) no. 1 and (5) UStG). If the customer enters their VAT ID when ordering, it is shown on the invoice.

5. payment and invoices

The monthly amount is payable in advance. The first payment is made when ordering; after that the amount is charged automatically to the stored payment method on the same day each month. Payments are processed by the payment provider Stripe or, if PayPal is chosen, through a PayPal subscription; in both cases the invoice comes from spooon. The customer receives an invoice by email every month.

If a payment fails, Stripe or PayPal retries the charge and informs the customer by email. If all attempts fail, the subscription ends automatically and spooon may take the website offline.

6. term and cancellation

The contract runs for an indefinite period and can be cancelled by either party at any time with effect from the end of the current billing month. The customer can cancel via the customer portal linked in every invoice email, in their PayPal account if paying through PayPal, or in any case by email to daniel@spooon.io. Months already paid are not refunded pro rata. The right to terminate without notice for good cause remains unaffected.

7. customer’s cooperation

The customer provides the content for the website, in particular texts, menu, prices, photos and logo, and communicates changes in good time. The customer warrants that they hold the necessary rights to this content and that it does not violate applicable law. If third parties make claims against spooon because of such content, the customer indemnifies spooon against these claims and the reasonable costs of legal defence, to the extent the customer is responsible for the infringement.

The customer is responsible for the mandatory legal information on their website (e.g. imprint, privacy policy, allergen labelling, price information). spooon implements the texts supplied but does not provide legal advice.

8. rights to the website

For the term of the contract the customer may use the website for their business. The rights to design, code and templates remain with spooon. Content supplied by the customer remains the customer’s property. For the term of the contract the customer grants spooon the non-exclusive right to use, edit and make this content publicly available to the extent needed to create, operate and maintain the website. The customer’s own domain remains the customer’s domain.

When the contract ends, the website is taken offline. On request, the customer receives their content back. Taking over the design after the contract ends is possible by separate agreement. spooon may name the website as a reference unless the customer objects.

9. availability

spooon strives to keep the website running without interruption. Uninterrupted availability cannot be guaranteed, in particular during maintenance, outages at hosting or network providers or force majeure.

10. liability

spooon is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee given and under the German Product Liability Act. For slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on which the customer may regularly rely. Otherwise, liability for slight negligence is excluded, in particular for lost profit and loss of revenue due to temporary unavailability of the website.

Strict liability for defects already present when the contract was concluded (Section 536a(1) BGB) is excluded. These rules also apply to spooon’s employees and agents.

11. privacy and data processing

How spooon processes personal data as a controller is described in the privacy policy.

Where spooon processes personal data on the customer’s behalf when operating the website, the customer is the controller and spooon the processor (Art. 28 GDPR). This covers hosting and maintaining the website for the term of the contract. It concerns visitors to the website, people who make contact through it and people named in the customer’s content. The data processed is access data (e.g. IP address), contact details and messages, and the website content. The following applies:

• spooon processes the data only on the customer’s documented instructions. Instructions are these terms and the customer’s change requests in text form. Statutory processing obligations remain unaffected; spooon informs the customer of them in advance where permitted.
• spooon commits everyone it uses to confidentiality and takes appropriate technical and organisational security measures (Art. 32 GDPR).
• Sub-processors are permitted if they are bound by corresponding contractual obligations. Currently this is Cloudflare, Inc., USA (hosting). spooon informs the customer of changes in advance; the customer may object for good cause.
• As spooon is based in the United Arab Emirates, transfers there are subject to the European Commission’s Standard Contractual Clauses (Implementing Decision (EU) 2021/914, Module 2), which are agreed with these terms.
• spooon supports the customer with requests from data subjects and with their obligations under Art. 32 to 36 GDPR, reports data breaches without delay and points out instructions it believes violate data protection law.
• spooon provides the customer with the information needed to demonstrate compliance and allows audits after reasonable notice.
• After the contract ends, spooon deletes the data or returns it on request, unless there is a statutory obligation to retain it.

12. changes to these terms

Changes to these terms apply to existing contracts only if the customer agrees to them in text form. If the customer does not agree, the previous version continues to apply; both parties’ right to cancel under section 6 remains unaffected. Without agreement, spooon may only make changes that do not disadvantage the customer, e.g. new contact details or correcting typing errors, and informs the customer of them in text form.

13. final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: November 2026