Terms of use

1.1 These luca terms of use for users (”Terms of use“) apply to all contracts (”User contracts“) between culture4life GmbH, Mörikestrasse 67, D-70199 Stuttgart (”luca“) and users (”users“) the Luca software app offered by luca as Software as a Service (”Luca App“), including all related websites, platforms, services, applications and features (in total”services“). These terms of use form part of every user agreement.

1.2 The services are offered in detail as they are currently available on luca's website, including the section on frequently asked questions (FAQ) (”documentation“) described.

1.3 For details on the individual data processing operations in connection with the provision of the services, reference is made to the current privacy policy, which here can be retrieved.

1.4 These terms of use apply to the exclusion of all other conditions. Divergent, contradictory or supplementary general terms and conditions shall only become part of the user agreement if Luca has agreed to them in writing.

1.5 Insofar as the terms “written”, “in writing” or similar are used in these terms and conditions, these refer to the “written form” within the meaning of Section 126 BGB. Unless otherwise expressly stated in these terms and conditions, the exchange of simple emails is not sufficient.

1.6 All notifications and declarations made by users to luca, in particular notices of termination and deadlines, must be submitted at least in text form (for clarification: a simple e-mail is sufficient), unless otherwise stated in these terms of use.

2.1 luca grants users access to the services free of charge. The prerequisite for using the services is that users are eighteenth (18th) Have reached the age of 18 or have obtained the consent of their legal representatives to use the services.

2.2 In order to be able to use the services, users must first accept these terms of use, store certain user-related data within the services and log in to use the respective services. Users can check and, if necessary, correct the data they have provided. By successfully creating an account, a binding user contract is concluded between luca and the respective users.

2.3 luca has the right to downgrade, restrict or otherwise modify the scope and/or content of the services at any time and without notice. Subject to the provisions in paragraph 13, luca has no warranty, compensation, maintenance, support or availability obligations for the services.

2.4 luca is entitled to hire sub-contractors at any time to fulfill its contractual obligations.

2.5 luca will not save the contract text after the user agreement has been concluded. The contract text is then no longer accessible to users and should therefore be saved by users beforehand.

3.1 In accordance with the user agreement, luca grants users a simple, non-transferable, non-sublicensable right to use the services exclusively in accordance with the documentation.

3.2 Users may not (and must not allow third parties to do so) directly or indirectly: (a) sublicense, transfer, distribute, share, or otherwise generate revenue from the Services; (b) copy the Services to a public or distributed network; (c) decompile, reverse engineer, disassemble, or otherwise attempt to use source codes, object codes, or underlying structural ideas, know-how or algorithms or other functional mechanisms of obtain services, except as permitted in individual cases under mandatory legal requirements; (d) modify, adapt, translate, or create derivative works based on the services (except to the extent permitted by luca or as authorized as part of the services); (e) modify notices of ownership that appear in the services or parts of them; (f) the services so use that applicable laws and regulations are violated or outside the scope of this Section 3 use the described scope of the license; and (g) use the Services to (i) store, download, or transmit infringing, defamatory, or otherwise illegal or illicit material or malicious code or malware; (ii) investigate phishing, spamming, denial-of-service attacks, or other fraudulent or criminal activity; (iii) the integrity or performance of third-party systems or the offerings or data contained therein on interfere with or interrupt; (iv) attempt to prevent unauthorized to gain access to luca's services or systems or networks; or (v) carry out penetration tests, vulnerability analyses, or other security assessments, or hire third parties to carry them out.

4.1 Users are required to use the services only in full compliance with all applicable laws and regulations as well as the documentation.

4.2 Users are required to procure and maintain technical devices and related additional services that are necessary for the user's connection to, access to, or other use of the services by users at their own expense. This applies in particular to hardware, software, networks and mobile devices (together”Technical equipment“). Luca's technical equipment requirements can be viewed in their current version on luca's website.

4.3 Users are solely responsible for the safety of the technical equipment and any use of the technical equipment known or unknown to the users.

4.4 Users are solely responsible for the content of all data displayed, uploaded, stored, exchanged or transmitted by users via or using the services (together”User data“). luca cannot control any information entered by users while using the services and cannot guarantee the accuracy of this information.

4.5 Luca is entitled, without prior notice and without liability, to investigate suspected breaches of the user agreement by users and to take legal and/or technical measures against users that Luca deems appropriate to remedy such violations. These measures include restricting, blocking, or terminating users' access to the services.

4.6 Users ensure that the information they store in their services is always up to date and correct.

5.1 With the help of luca's digital payment function, users can use the luca app to make payments to participating acceptance points (e.g. operators of establishments such as restaurants and other companies (”Operators“) perform. This requires users to register for digital payments via the luca app and deposit a suitable payment instrument (i.e. data from their Visa or Mastercard credit card, for example). The payment service provider used accepts the Visa or Mastercard payments made by users via the luca app on behalf of the participating acceptance points and thus enables the payment of, for example, restaurant bills via the luca app.

5.2 Digital payments are activated within the luca app. After scanning the QR code provided by the respective operator, users can view the outstanding invoice amount after interaction with the operator. After a payment attempt has been made, users receive a list of the transaction in their payment history within the luca app. In the event of failed payments or further inquiries about digital payments via the luca app, users can contact the support provided by luca for this purpose.

5.3 In addition, users can use the following additional optional functionalities in connection with digital payments via the luca app:

a. luca offers users the option of permanently storing payment method information in the luca app so that they do not have to enter it again when making new payments.

b. After payment has been made, users can request a digital payment receipt via the luca app, which is sent by luca to the user's email address. Users can also receive digital invoices or hospitality receipts from operators who have activated this function.

6.1 Using the luca app, users can make reservations for certain services with operators who participate in luca's reservation system (”Reservation function“). luca merely arranges a reservation agreement, which is concluded exclusively between the users and the respective operators.

6.2 As part of the reservation function, there is an automatic check of the expected available seating capacities of the respective operators at the desired reservation time on the basis of the information provided by operators at the time of the respective request, in particular on existing reservations.

6.3 Users are informed by email by operators about the status and, if necessary, changes to the requested or existing reservation. Operators also generally remind users of the table reservation forty-eight (48) hours before the planned visit by email, provided that the table reservation is made at least seven (7) days before the visit.

6.4 Users are required to cancel table reservations that they are unable to make as early as possible, but no later than twenty-four (24) hours before the visit, but in any case at the time as stated in the e-mail with which the operator confirms the reservation.

6.5 If operators charge a fee for reservations (“Reservation fee”), which users have been expressly informed of while making the reservation, users agree that the reservation fee will be collected at the time the binding reservation request is made.

6.6 If a reservation is properly made, the reservation fee will be refunded to users within five (5) working days.

6.7 If users (a) cancel or (b) fail to make a reservation after the relevant deadlines in accordance with Section 6.4, operators may withhold the reservation fee at their own discretion. In these cases, users are not entitled to a refund of the withheld reservation fee. Users are allowed to prove that the operators have not suffered any damage or is significantly lower than the reservation fee.

6.8 If users fail to make reservations made several times without having cancelled them in advance, luca may deactivate users' access to the reservation function and/or other services for users at its own discretion. The assertion of claims by operators against such users due to undeted/cancelled reservations remains unaffected by this.

7.1 Users can use the luca app to place orders for services and products with operators who participate in luca's digital ordering system. The order is made on the basis of the service and product information provided by operators, in particular digital menus, food information and experience packages. Luca merely mediates the contract on which the order is based, which is concluded exclusively between the user and the respective operator.

7.2 Luca does not guarantee users the content, accuracy and timeliness of the service and product information stored by operators in Luca's digital ordering system, in particular digital menus. Users are recommended to contact operators directly in advance regarding declarable information such as ingredients and additives, including those that trigger allergies and intolerances.

7.3 Operators are not obliged to accept orders from users. In the event of incorrect or non-serious orders and violations of these terms of use, Luca may, at its own discretion, deactivate users' access to Luca's digital ordering system and/or other services for users and cancel orders on behalf of operators.

7.4 If services or products with an age restriction, such as alcoholic beverages, have been ordered and users are unable to prove that the appropriate age requirements have been met, the contract cannot be fulfilled accordingly and the operators are entitled to charge a cancellation fee in the amount of the agreed product price. Users are allowed to prove that the operators have not suffered any damage or is significantly lower than the cancellation fee.

7.5 Any inquiries and complaints regarding operators' offers, related orders or contracts must be addressed directly to the operators concerned.

Users who have concluded a distance selling contract with operators for digital orders via the luca app have the right to cancel this contract vis-à-vis the respective operators

(a) insofar as it is not a contract for the delivery of products that

• are not prefabricated and whose production is subject to individual selection or determination by users or which are clearly tailored to the personal needs of the respective users (Section 312g paragraph 2 No. 1 BGB);
• can spoil quickly or whose expiration date would be quickly exceeded (Section 312g Paragraph 2 No. 2 BGB);
• are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 No. 3 BGB); or
• were inseparably mixed with other goods after delivery due to their nature (Section 312g Paragraph 2 No. 4 BGB);

and

(b) insofar as it is not a contract for services in the areas of accommodation for purposes other than residential purposes, transportation of goods, motor vehicle rental, delivery of food and drink and in connection with leisure activities and the contract provides for a specific date or period for the provision of such services (Section 312g (2) No. 9 BGB).

If none of the above reasons apply, users have the following right of withdrawal with regard to the contract with the respective operators:

Withdrawal policy

Right of Withdrawal

Users have the right to cancel this contract within fourteen (14) days without giving reasons.

The cancellation period is fourteen (14) days from the date of conclusion of the contract. In order to exercise the right of withdrawal, users must inform us, culture4life GmbH (Mörikestrasse 67, 70199 Stuttgart; telephone number: +49 30 221 83 85 58 (Germany); e-mail address: hello@luca-app.de) of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). In order to meet the withdrawal period, it is sufficient for users to send the notification that they have exercised their right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If users cancel this contract, the respective operators must reimburse the users all payments they have received from the users, including any delivery costs (with the exception of additional costs resulting from the fact that the respective users have chosen a different type of delivery than the cheapest standard delivery offered by operators), immediately and at the latest within fourteen (14) days from the day Who received notification of the cancellation of this contract by luca is. For this repayment, operators use the same means of payment that the respective users used for the original transaction, unless otherwise expressly agreed; in no case will the respective users be charged fees as a result of this repayment.

End of cancellation policy

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back to us.)

— To culture4life GmbH (Mörikestrasse 67, 70199 Stuttgart; email address: hello@luca-app.de):

— I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)

— Ordered on (*) /received on (*)

— Name of consumer (s)

— Address of consumer (s)

— Signature of consumer (s) (only if notified on paper)

— Date

(*) Delete what is incorrect.

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9.1 The luca loyalty program is a bonus program as part of luca's digital payment option. If users have created a user account to use the luca app, they automatically participate in the loyalty program. As an incentive to use the services, luca offers users the opportunity to receive certain benefits in an amount previously determined by luca through certain activities marked accordingly by luca on or in connection with the services (”Loyalty points“). Activities that entitle you to earn loyalty points can include, for example, making a payment via the luca app, registering for one of the services, or recruiting users. luca reserves the right, at its own commercial discretion, on what occasion and to what extent loyalty points are offered and can be redeemed by users.

9.2 As soon as users have carried out the activity that entitles the user to earn loyalty points, luca will credit them to their user account. The sum of loyalty points purchased and not yet redeemed is displayed within the luca app. Loyalty points cannot be redeemed in cash and cannot be purchased for money. Luca does not earn interest on the loyalty points and are also not transferable between users. luca reserves the right to set a maximum amount of loyalty points per user, so that once the specified number of loyalty points has reached the specific users, a further purchase of loyalty points is no longer offered.

9.3 Where provided by luca, users can use accumulated loyalty points with selected operators to reduce an amount to be paid to the operator. Users have no right to have loyalty points used by specific operators. Insofar as loyalty points can be used for a specific payment, users will be shown this during the payment process as part of the luca app. One example of such use of loyalty points is as follows: One loyalty point currently corresponds to a value of 0.01€. If users want to pay for services worth €20.00 via the luca app with an operator, for example, and they are offered the option to use loyalty points, users can use 200 loyalty points, for example, to charge the users' payment instrument with just €18.00 instead of €20.00. The difference of 2.00€ is then paid by Luca to the operator. In this case, the loyalty points credited to users in their user account are reduced by 200 loyalty points.

9.4 The maximum number of loyalty points that can be used per payment per user is five thousand (5000) loyalty points.

9.5 Loyalty points generally expire twelve (12) weeks after they have been credited by luca.

9.6 In the event of termination or other termination of the user agreement by users, all user loyalty points expire automatically. In the event of termination or other termination of the user agreement by luca, users' loyalty points will only expire after eight (8) weeks from the notice of termination.

9.7 Irrespective of the continued existence of the user agreement between users, the users' loyalty points expire even if Luca notifies users in text form (including by notification as part of the luca app) that their loyalty points will expire after a period of eight (8) weeks from this notification and users then do not redeem their loyalty points within this period of time.

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10.1 Unless otherwise agreed in individual cases, the user contract begins at the time of acceptance of the terms of use by users. The user agreement remains in force for an indefinite period unless terminated.

10.2 luca or users can cancel the user contract at any time with immediate effect. The complete deletion of the services from the user's device using the delete button in the app is considered a termination of the relevant user contract by users. Details of the storage period and deletion can be found in the current version of the privacy policy, which here can be retrieved.

11.1 luca and its potential contractors are and remain the owners of all property rights, including copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual property and technical solutions rights in and related to the Services. Users recognize that the rights granted under a user agreement do not give users any ownership rights to the services.

11.2 All rights to user data and to data based on or derived from user data remain with users. Users grant Luca a simple, non-transferable, sub-licensable, spatially and content-unlimited (right of use), to the extent necessary even beyond the termination of the user contract, to use the user data exclusively to the extent necessary to provide the services.

11.3 luca is entitled to collect and analyze data and other information relating to the provision, use and performance of the services and related systems and technologies (in particular information relating to user data), and luca is free, during or after the end of the user agreement, to use or have such data and information used to improve and further develop the services, and for the purpose of further development, diagnostic and corrective measures in terms of services and other offers from luca, but exclusively in aggregated or otherwise anonymized form and exclusively in a way that does not directly disadvantage users.

11.4 luca will take appropriate measures to ensure that the security of the services complies with relevant industry standards.

11.5 luca reserves the right to make new versions and updates of the services, in particular changes to the design, operational procedures, technical specifications, systems and other functions of the services, at any time and without prior notice.

12.1 luca will at all times comply with the requirements of applicable data protection law, in particular the General Data Protection Regulation of the European Union.

12.2 The processing of personal data by luca in connection with the services is explained in more detail in luca's privacy policy, which here can be retrieved.

13.1 Subject to the provision of Section 599 BGB, Luca is liable without limitation for (a) injury to life, limb or health by Luca, Luca's legal representatives or vicarious agents; (b) damage caused intentionally or grossly negligently by Luca, Luca's legal representatives or vicarious agents; (c) damage due to the lack of guaranteed quality; and (d) Claims under the Product Liability Act (ProdHaftG).

13.2 Subject to the provision of Section 599 BGB, Luca is liable for damage resulting from the breach of cardinal obligations by Luca, Luca's legal representatives or vicarious agents. Cardinal obligations are the obligations whose fulfilment makes the proper execution of the user agreement possible in the first place and on whose compliance users can regularly rely and rely. If the breach of cardinal obligations is caused by slight negligence on the part of Luca, Luca's legal representatives or vicarious agents, Luca's liability is limited to the amount that Luca could foresee at the time the respective service was provided.

13.3 Subject to the provision of Section 599 BGB and clauses 13.1 and 13.2, luca is not liable for damages arising from the breach of duties which do not constitute cardinal obligations and which were caused by slight negligence by Luca, Luca's legal representatives or vicarious agents.

13.4 Users acknowledge that the verification of official identity documents via the services is carried out by independent third parties in accordance with terms of use agreed between the user and such third parties and that this may require the use of third-party software by the user. luca does not become a contractual partner of the users in this respect and is therefore not responsible for proper verification by such third parties.

13.5 Users acknowledge that payments via the services are carried out by independent third parties in accordance with terms of use agreed between users and such third parties. luca does not become a contractual partner of the users in this respect and is therefore not responsible for the proper execution of payments.

13.6 In connection with the reservation function in accordance with Section 6, luca is not responsible for the establishment of a reservation nor for the availability or actual provision of reserved tables by the respective operators.

13.7 In connection with the ordering function in accordance with Section 7, luca is neither responsible for the conclusion of the contract on which the order is based nor for its successful fulfilment by the respective operators.

13.8 Users acknowledge that using the Services may not make it necessary to present original documents.

13.9 Luca's liability beyond the cases regulated in this section 13 is excluded.

14.1 The user agreement represents the complete agreement between users and luca with regard to the subject matter of the contract and replaces and excludes all previous written, textual or oral negotiations, regulations, agreements, exercises or agreements between the parties with regard to the subject matter of the contract.

14.2 Should a provision of the user agreement be or become invalid or void in whole or in part, this shall not affect the effectiveness of the remaining provisions.

14.3 Changes or additions to the user agreement must be made in text form (the exchange of simple emails is sufficient). Agreements to deviate from this text form requirement or to completely waive it must be made in writing. Section 14.4 remains unaffected.

14.4 luca may change and/or update these terms of use for existing user contracts with effect for the future if this is necessary either for technical, economic or legal reasons and insofar as there is no change that affects the basis of the legal relationship between neXenio and the customer and amounts to the conclusion of a new contract or if this concerns Luca's loyalty program. Any changes will be announced at least eight (8) weeks before their intended entry into force on the luca website and in the luca app. Users can agree or object to the change before the date of their intended entry into force. The change is considered accepted by users if users do not object to the change before the date of its intended entry into force. In the event of a timely objection by users, the user contract will end at the time of the intended entry into force of the amendment to these terms of use. It is therefore no longer possible to use the services.

15.1 Each user agreement and all (contractual or non-contractual) disputes or claims arising from or in connection with the user agreement or its subject matter or its conclusion are subject to the mandatory laws of the state in which users have their habitual residence (i.e. those provisions of the law of that state which cannot be deviated from by agreement). In addition, the law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15.2 The European Commission operates an online arbitration board, which is via this link Luca is not obliged to participate in dispute resolution proceedings before this arbitration board or before another consumer arbitration board.