Terms of use

1. Provider and scope

These terms govern the relationship between Farres Nagaa, trading as NFCeez (sole proprietorship), Wittbräucker Straße 4, 44287 Dortmund, Germany (NFCeez) and the business customer. Contact: legal@nfceez.de. The offer is exclusively for businesses within section 14 BGB, public-law legal persons and special public-law funds. The owner has confirmed business-only subscriptions. Eligibility checks must be implemented in registration and purchase.

Simply visiting a Smart Page does not make a visitor party to a paid SaaS contract. Contracts for merchant services, bookings and rewards are with that merchant under its validly agreed terms. Individual agreements prevail; the DPA additionally governs processing on instructions. Mandatory rights remain unaffected.

2. Registration and contract formation

Customers provide accurate, current business and contact details and ensure that acting persons are authorised to represent and administer the business. Credentials must remain confidential and suspected unauthorised access must be reported without undue delay. Team access must be limited to need and removed when no longer required.

Displaying a function or plan alone is not a binding offer. The specific order and confirmation determine scope, price, term and contract formation. Apple subscriptions also follow the purchase-dialogue terms and applicable Apple rules. A paid subscription is concluded when the customer confirms the purchase in Apple's purchase dialog in the NFCeez Business app and Apple completes it. The free Basis plan starts when the account is set up. These terms must be accessible and saveable before a binding order. Publication alone does not incorporate them into a contract.

3. Services

NFCeez supplies, within the purchased scope, software for business locations, Smart Pages, links, NFC/QR assignments and, where included, menus, loyalty, bookings and team access. Activation depends on the agreed plan, location, technical requirements and lawful provider approvals. A preview does not create an additional service promise.

Location-specific subscriptions differ from content shared across a business. The service description at contract formation controls. A subscription covers the whole account. Plans: Basis (free, 1 location, Smart Page), Loyalty, Bookings and Complete, each for 1, up to 3 or up to 5 locations; menu and team are included in all paid plans. Account content is shared by all locations. Unconfirmed web payments, POS integrations or Wallet NFC reading are not included merely because historical references exist.

4. Availability, maintenance and changes

NFCeez owes the agreed fitness for use. A specific availability percentage is owed only if expressly agreed. Planned maintenance will, where possible, be announced in advance and organised to limit disruption. Statutory defect remedies remain.

Technical and security developments are permitted where the agreed core utility remains and changes are reasonable for the customer. Material adverse changes to promised services require a contractual basis or agreement; this clause does not permit arbitrary reductions. Separately labelled test features may have limitations without excluding mandatory rights.

5. Prices, term and payment

The confirmed price, billing period and tax information of the specific offer apply. For Apple, the regional purchase dialogue may control. No blanket net-price or tax-exemption promise is made here. Trials, discounts and additional-location offers apply only when displayed eligibility conditions are met. Re-registering or replacing a branch does not automatically create fresh eligibility.

Renewal, cancellation timing, plan changes and refund procedures follow the confirmed order and, for Apple, applicable subscription rules. Statutory claims for non-performance or defects are not restricted by a blanket no-refund clause. See /recht/abonnements. Paid plans are billed monthly through Apple and renew automatically until cancelled in Apple subscriptions; the first month is free once per Apple ID.

6. Customer responsibilities and content

Customers are responsible for lawful offers and content and necessary guest information, especially prices, taxes, allergens, hours, contacts, consents, booking and programme rules, and their own operator and privacy notices. They review AI suggestions before publication and promptly correct errors.

Customers may provide only content and personal data they may lawfully use and process. They retain their rights and grant NFCeez a non-exclusive right, limited to the contractual purpose and necessary duration, to store, technically adapt, deliver and display content according to their settings and engage processors for this purpose. No general advertising or model-training right is granted.

6a. Protection and permitted use of guest data

The customer may use guest data accessible through NFCeez only to perform and administer the relevant booking or loyalty programme as disclosed to the guests, and for directly related lawful matters. Access to data does not grant a right to reuse it for other purposes. The specific processing must have a lawful basis, transparent information and any required consent.

Selling, renting or supplying such data to data brokers or for third-party advertising, profiling or training is contractually prohibited. Disclosure to other businesses or third parties is permitted only where necessary for the disclosed permitted purpose and legally allowed, validly requested by the guest, or legally required. Processors must be bound under GDPR Article 28 where required. Statutory data subject rights and disclosure duties remain unaffected. The customer must not circumvent access limits through transcription, screenshots, exports or shared accounts.

Under these terms, marketing using this data requires separate, demonstrable prior consent for the particular business, purpose and communication channel. A booking or programme membership alone does not constitute marketing consent. Refusal or withdrawal must not disadvantage the independent service. Withdrawals must be implemented without undue delay; purely operational messages must not conceal advertising.

The customer grants access only to individually authorised persons to the extent necessary for their duties, binds them to confidentiality and trains them in permitted handling. Access for departing staff must be revoked promptly. The customer protects devices and credentials and uses available appropriate security features. It must not access other businesses’ guest data or use a shared technical identity for cross-business profiling.

The customer sets purpose-specific deletion periods and deletes lawfully made copies when no longer needed unless an overriding lawful basis applies. It handles data subject requests within applicable deadlines and promptly informs NFCeez of suspected misuse, unauthorised disclosures or security incidents relating to the service at privacy@nfceez.de. This does not replace statutory reporting duties. NFCeez’s own data protection and security obligations remain unaffected.

7. Acceptable use and enforcement

Illegal content, infringement, malware, unauthorised access, bypassing permissions, manipulating stamps or rewards and abusive bulk messaging are prohibited. Mandatory lawful usage rights, including software exceptions, remain. See /recht/nutzung.

For substantiated violations or concrete security threats, NFCeez may take necessary, proportionate measures including temporary suspension of affected functions. Customers will receive an opportunity to remedy matters where possible. Urgent action may be immediate, followed by reasons and a review opportunity where legally permitted. Unaffected services remain available where feasible. Statutory notice, reasoning and redress duties remain.

8. AI, bookings, loyalty and external services

AI outputs may be incorrect, incomplete or non-unique. Allergens, ingredients, translations and prices require competent review. Automatic publication of unchecked results is not agreed. See /recht/ki.

The merchant is responsible for bookings and rewards. Technical provision does not make NFCeez the supplier of the booked service or debtor of the merchant’s reward. NFCeez’s own obligations remain. See /recht/buchungen and /recht/treueprogramme.

Apple, Google and selected external destinations have their own terms. Use may depend on device compatibility, connectivity and approvals. This does not release NFCeez from its own promised services or mandatory duties.

9. Software licence

For the contract term, customers receive a non-exclusive, non-transferable right to use the software as agreed with authorised team members. Permitted contract transfers remain possible. Source-code delivery, resale and independent sublicensing are not owed. Mandatory statutory rights remain.

The licence actually assigned in the App Store governs the iOS app. The Apple Standard Licensed Application End User License Agreement (Standard EULA) applies to the iOS app. These terms must not inconsistently replace mandatory Apple minimum terms.

10. Data protection and confidentiality

Each party fulfils its data-protection obligations. Before processing personal customer data on instructions, the DPA and completed annexes will be agreed. The privacy policy provides information, not blanket consent. Both parties protect confidential information and limit use to contract purposes. Exceptions cover lawfully public, independently developed or lawfully obtained third-party information and legally required disclosure.

11. Ending the contract and data

Ordinary cancellation follows the agreed term. Termination for good cause remains available, following a reasonable remedy period where required. Apple subscriptions are managed through Apple’s designated process. Removing the app or a branch does not replace subscription cancellation.

Affected usage rights end with the contract. Return and deletion of instructed data follow the DPA; legally required retention and independent purposes are treated separately. NFCeez must not promise an export function that does not exist. On request to privacy@nfceez.de, NFCeez provides the data processed on the customer's behalf within one month in a common machine-readable format; it is then deleted unless the law requires retention. A 30-day recovery period is not a promise of automatic complete erasure on day 31.

12. Defects and liability

Statutory defect remedies apply unless validly modified here. Customers describe apparent faults as specifically as possible and reasonably assist diagnosis. This is not a blanket loss of claims for delayed reporting.

NFCeez has unlimited liability for intent and gross negligence, injury to life, body or health, liability under the German Product Liability Act and the scope of an assumed guarantee. For ordinary negligence, NFCeez is liable for breach of essential contractual duties whose fulfilment enables proper performance and on whose observance customers may ordinarily rely; liability is then limited to foreseeable loss typical of the contract at its formation. Otherwise ordinary-negligence liability is excluded to the extent permitted by law.

These limitations also protect legal representatives and agents. Mandatory liability, including non-excludable GDPR rights of data subjects, remains. There is no blanket cap of one month’s fees. A reasonable customer backup duty does not remove NFCeez’s own safeguards; contributory fault follows statute.

13. Third-party claims and force majeure

Where a culpable customer breach causes justified third-party claims concerning customer content or unlawful use, the customer reimburses necessary, reasonable defence costs and finally adjudicated claims or claims acknowledged with its consent. NFCeez promptly informs the customer, allows reasonable participation and does not acknowledge claims against its interests without proper cause. NFCeez’s contributory fault is considered. No strict-liability indemnity is agreed.

Unforeseeable, unavoidable events beyond reasonable control are governed by statutory performance-obstacle rules. The affected party informs the other and mitigates consequences. This does not permanently remove performance, accounting or termination rights.

14. Changes and final provisions

Material contract changes require express agreement. Silence is not general acceptance. Privacy-notice changes do not automatically amend the contract. Notices use the agreed contacts; mandatory form requirements remain.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction at NFCeez’s seat is agreed only with merchants in the legal sense of Kaufleute, public-law legal persons or special public-law funds and only where lawful; otherwise statutory jurisdiction applies. Not every business customer is a Kaufmann.

The German contract version controls; English is an equivalent translation. Mandatory rights are unaffected. Contract transfers require necessary consent; statutory assignment rules remain. Invalid provisions are replaced by statute, not automatically by the most economically extensive permissible clause. Version: v1 – draft, 5 October 2026.

Clarification of third-party claims

The fault-based provisions on third-party claims also cover claims caused by the customer’s culpable unlawful processing of guest data, including unlawful disclosure or marketing. The existing requirements concerning causation, reasonable costs, defence participation and NFCeez’s contributory fault continue to apply. This does not transfer NFCeez’s own statutory liability or automatically require reimbursement of regulatory fines.