Terms and Conditions

Effective: 03 May 2026

These terms govern the commercial relationship between 4unit SI GmbH, Jahnstraße 36, 34582 Borken (Hesse), Germany (hereinafter "4Unit") and the business customer using the white-label ordering software operated under the OwnTheOrder brand (hereinafter the "Partner").

§ 1 Subject of the Agreement

The subject of this agreement is the time-limited provision of cloud-based ordering and shop software, which the Partner operates under its own or an assigned domain in order to offer goods or services to its end customers for ordering. 4Unit only provides software and infrastructure. 4Unit does not market, broker or represent the Partner toward its end customers.

§ 2 Definitions Used Here

Service: the software made available under the OwnTheOrder brand, including end-customer shop, partner dashboard, optional mobile application and the related infrastructure.
End Customer: any natural or legal person placing an order with the Partner via the Partner's shop.
Plan: the subscription chosen by the Partner at the start of the contract together with the related conditions, features and limits.
Payment Processor: a payment service provider to be contracted separately by the Partner (in particular Stripe Payments Europe Ltd. for the DE market or Iyzico Ödeme Hizmetleri A.Ş. for the TR market) through which the Partner collects payments from its end customers.
Partner Content: all texts, images, logos, menus, product descriptions, allergen information and other information provided by the Partner.

§ 3 Conclusion of the Agreement

Registration takes place via the online sign-up form. 4Unit reserves the right to refuse the opening of a Partner account without giving reasons, in particular in case of incomplete information, failed identity verification or entries on relevant sanctions lists.

The contract is concluded once the email address has been verified, identity verification has succeeded, these terms have been accepted and the electronic contract signature has been provided by the Partner. 4Unit may use electronic signature procedures; a handwritten signature on paper is not required.

Only one active Partner account may be operated per business location. Multiple registrations with the same address will be deactivated without notice.

§ 4 What 4Unit Provides

During the term of the contract, 4Unit provides the Partner with the following services:

Provision of the end-customer shop as a white-label site under the Partner's own domain or a subdomain assigned by 4Unit;
Order intake and management system in the partner dashboard;
Technical embedding of the Partner's chosen payment processor in the form of an embedded checkout frame;
Printer and device connection for receipt printing at the location;
Interfaces to logistics partners insofar as the Partner contracts such services separately;
Multilingual support (DE, TR, EN, FR) and country-specific billing and tax logic;
Reporting, statistics and data export in the partner dashboard;
Technical user support via email and ticket system on business days.

Visibility on the provider website. 4Unit operates a directory of connected Partners under owntheorder.com (German market) and lezjet.com (Turkish market), listing each Partner with name, location, range excerpt and logo to improve discoverability for end customers. Inclusion in this directory is part of the active Plan and happens automatically upon completion of onboarding; the Partner may opt out at any time via the dashboard.

Preferred placement (top position). Upon request and against an additional fee shown in the dashboard, the Partner may book a preferred placement among the upper list positions, in a highlighted area or in locally displayed recommendations. The bookable visibility packages are tiered by region, period and scope; their conditions are shown transparently in the dashboard and can be activated or terminated by the Partner individually. This highlighting only extends the display reach; it affects neither the intermediation neutrality (cf. § 5) nor the contractual relationship that arises directly between the Partner and the End Customer.

§ 5 What 4Unit Expressly Does Not Provide

To avoid any misunderstanding, it is clarified that 4Unit neither provides nor is obliged to provide the following services:

4Unit does not at any time become a contracting party between the Partner and the End Customer, neither as seller, intermediary, agent nor representative; the inclusion of the Partner in the provider directory pursuant to § 4 likewise does not establish such a contractual position;
4Unit does not act as the seller of the goods or services offered through the Service; the receivables arising from end-customer orders accrue exclusively to the Partner;
4Unit does not operate its own delivery service and does not provide couriers; deliveries are carried out by the Partner itself or by a logistics service provider commissioned by the Partner;
4Unit does not operate any bonus, loyalty or customer card programme; advantages for End Customers are designed solely by the Partner under its own responsibility;
4Unit does not create end-customer advertising campaigns, newsletters or search engine ads in the Partner's name without the Partner's express order.

§ 6 Cooperation Duties of the Partner

The Partner warrants that all data stored in the dashboard regarding company, address, tax registration, bank details, authorised representatives and product range are correct, current and complete. The Partner updates this information without delay upon any change.

The Partner is solely responsible for:

The lawful and safe nature of the goods or services offered, including hygiene, food safety, allergen and nutritional labelling and age verification for age-restricted items;
Holding all official permits, concessions and licences required for operating the location and selling the offered items;
Maintaining its legal notice (imprint), its own privacy policy and its own end-customer terms and conditions on the domain of its shop;
End-customer support and the handling of complaints, cancellations, refunds and product recalls;
Properly taxing the revenues generated through the Service.

The Partner may not use the Service to advertise or process business that is prohibited under applicable law or that could noticeably damage the reputation of 4Unit. 4Unit is entitled to remove such content from the Service without prior notice.

§ 7 Cooperation Duties of 4Unit

4Unit provides the Service with the diligence customary for a mid-sized software provider. In particular:

4Unit aims for an average annual availability of 99.5 %, measured outside announced maintenance windows;
4Unit performs data backups at least once daily and retains them in audit-proof form for 30 days;
4Unit applies recognised security measures according to the state of the art (in particular connection encryption, access controls, logging of security-relevant events);
4Unit regularly updates the software to fix defects, improve features and adapt to legal changes;
Where possible, 4Unit announces maintenance-related interruptions in the partner dashboard at least 24 hours in advance.

§ 8 Plan Models and Recurring Fees

The remuneration is determined by the Plan chosen by the Partner at the start of the contract. Several Plans are available which differ in monthly base fee, order-volume limits and included features. The conditions in force are visible in the partner dashboard.

4Unit issues an electronic invoice to the Partner each month. The invoice is collected automatically via the payment method stored in the dashboard (SEPA direct debit, credit card via Stripe, or in the TR market via Iyzico). The invoice amount is due on its due date; no paper invoice is issued.

If a collection fails, 4Unit is entitled to charge a flat-rate cost compensation in the amount permitted by law as well as statutory default interest for each failed direct debit. If the Partner is more than ten calendar days in arrears, 4Unit may, after a prior reminder, deactivate access to the dashboard and the end-customer shop until the arrears have been settled in full.

An upgrade to a higher Plan is possible at any time with effect from the next month. A downgrade to a lower Plan is only possible at the end of the current minimum term.

Minimum term per Plan. The minimum contract term depends on the chosen Plan: one (1) month for Starter, twelve (12) months for Pro, Business, Premium and Enterprise. The Prozent Plan has no minimum term as it is billed purely on usage. The minimum term begins on the activation date of the Partner account. Ordinary termination before expiry of the minimum term is not possible; the right to extraordinary termination for good cause (§ 17) remains unaffected.

§ 8a Order Limit and Automatic Plan Upgrade

Each fixed Plan (Starter, Pro, Business, Premium) is limited to a maximum number of monthly end-customer orders. The applicable limits are shown in the chosen Plan and visible in the partner dashboard prior to contract conclusion. The Enterprise Plan has no limit; the Prozent Plan is usage-based.

80 % early warning. As soon as 80 % of the order limit agreed in the active Plan is reached within a calendar month, the Partner is informed by email at the address recorded in the contract and via a notice in the partner dashboard.

Automatic switch to the next higher Plan. If the actual number of monthly end-customer orders exceeds the limit agreed in the active Plan, an automatic switch to the next higher fixed Plan takes effect on the first day of the following calendar month. The current month is invoiced entirely under the old Plan. The new Plan applies permanently unless its limit is exceeded again in the same way. The order of escalation is: Starter → Pro → Business → Premium → Enterprise. Once the Enterprise Plan is reached, no further automatic escalation occurs; in that case 4Unit will contact the Partner to agree individual terms.

No automatic downgrade. An automatic downgrade to a lower Plan does not occur, even if the number of orders falls below the original limit in subsequent months. A change to a lower Plan is only possible upon the express request of the Partner and pursuant to § 8 (Plan change at the end of the current minimum term).

Effectiveness of this clause. This clause becomes effective only by means of a separate, expressly highlighted confirmation by the Partner in the contract. A missing or refused confirmation does not lead to termination of the contract, but to the suspension of order acceptance above the agreed limit until the Partner manually upgrades to a higher Plan.

§ 9 Setup Fee and Hardware Provision

Depending on the Plan, a one-time setup fee may apply at the start of the contract. It covers the configuration of the domain, the setup of the shop, the training material and the initial parametrisation of tax rates and payment processor. The amount of the setup fee follows from the chosen Plan. Upon request, the setup fee may be paid in instalments over the first months of the contract.

Some Plans include the provision of a terminal device (e.g. an ordering tablet from a third-party manufacturer such as Sunmi, Munbyn or Epson). The device is provided to the Partner free of charge for a number of months specified in the Plan. After this period, the device remains with the Partner. In the event of early termination of the contract or damage to, loss of or theft of the device within the provision period, the Partner is obliged to refund the full price according to the price list valid at the start of the contract.

As long as the device belongs to 4Unit, it may only be used by the Partner in connection with the Service. Sale, lending or use as security to third parties is prohibited.

§ 10 End-Customer Payments, Platform Fee and Tokenisation

Platform model. 4Unit operates a dedicated platform account with a regulated payment service provider for end-customer payments: with Stripe Payments Europe Ltd. under the "Stripe Connect" programme for the German market, and with Iyzico Ödeme Hizmetleri A.Ş. under its marketplace/sub-merchant scheme for the Turkish market. The Partner is set up as a connected entity (Stripe Connected Account or Iyzico Sub-Merchant) under this platform account. The required identity verification (KYC), anti-money-laundering and sanctions list checks are carried out by the payment service provider under its own responsibility. 4Unit collects the necessary information from the Partner and forwards it to the payment service provider; until this verification is completed, the acceptance of end-customer payments may be suspended.

Tokenisation and PCI compliance. During checkout, the Service opens an embedded payment form (iframe) provided by the payment service provider inside the end-customer shop. The full payment-instrument data (in particular card PAN, security code and expiry date) is captured and tokenised exclusively in the end customer's browser on the PCI-DSS-compliant infrastructure of the payment service provider. This data is never received, processed or stored by 4Unit. Only non-sensitive reference values are stored on the servers of 4Unit, in particular the PaymentMethod or transaction identifier issued by the payment service provider as well as – for purposes of recognising the payment method – the card brand, the last four digits and the expiry date. These tokens are used for display in the dashboard and for executing recurring payments or refunds and are stored according to the rules of the payment service provider.

Platform fee and money flow. The platform fee is the consideration owed to 4Unit for the provision of the order-handling and payment-routing service. It is determined by the Plan chosen by the Partner and may consist of a percentage of the order amount, a fixed amount per order or a combination of both. At checkout, the platform fee is added to the order amount and charged in a single transaction. The payment service provider books the amount on the platform account of 4Unit; the platform fee is automatically retained – in Stripe Connect via the field application_fee_amount, in Iyzico via the field subMerchantPrice of the relevant basket item – and the share owed to the Partner is immediately credited to the connected account of the Partner. 4Unit does not issue a separate invoice to the Partner for the platform fee; an order-level fee breakdown is available in the partner dashboard.

Payouts, refunds, chargebacks. Payouts to the Partner's bank account are made according to the payout rules of the respective payment service provider and are outside the control of 4Unit. If an order is refunded by the Partner, the underlying platform fee may be refunded proportionally or in full within the limits set by the payment service provider. Card-induced chargebacks, fraud reviews and any payout holds are the sole responsibility of the payment service provider.

Full economic risk borne by the Partner. All economic risks arising from end-customer orders are borne exclusively by the Partner. These include, but are not limited to, chargebacks and the related processing fees, refunds and refund costs, card network penalties (e.g. Visa or Mastercard sanctions for exceeding industry-standard chargeback rates), administrative fines, VAT corrections, judicial and administrative measures and any related costs (including reasonable attorney's and collection fees). To the extent that the payment service provider initially deducts such amounts from the platform account of 4unit SI GmbH, the Partner is obliged to reimburse 4unit SI GmbH the deducted amount plus a reasonable processing flat fee on first demand, but at the latest within seven calendar days of receipt of the demand.

Set-off, withholding and security reserve. 4unit SI GmbH is entitled to set off any claim arising from this contract against any amount otherwise payable to the Partner without the need for a separate set-off declaration. In the event of a justified suspicion of an elevated chargeback risk, unusual order or cancellation patterns, regulatory inquiries, registration of the Partner on a sanctions list, or imminent insolvency, 4unit is entitled to withhold payouts in whole or in part, or to retain a reasonable rolling security reserve of up to ten percent of the gross turnover of the previous thirty days, until the risk situation has been clarified. On termination of the contract, withheld amounts are released after the customary chargeback period (as a rule one hundred and eighty days after the last transaction), to the extent that they are not used to settle valid claims.

Indemnification. The Partner shall indemnify 4unit SI GmbH, its affiliates, legal representatives, employees and vicarious agents against any third-party claims asserted in connection with orders, deliveries or services rendered by the Partner to end customers. This applies in particular to claims by end customers (e.g. for defects, late delivery, incorrect allergen information, food hygiene), payment service providers (chargebacks, card network penalties), authorities (administrative fines, tax assessments, regulatory measures) and other third parties, including the costs of a reasonable legal defence. 4Unit will inform the Partner of such claims without undue delay and will leave the defence to the Partner to the extent legally permissible and reasonable; the Partner may not enter into any settlement that would have economic or reputational consequences for 4Unit without 4Unit's written consent. The mutual liability of the parties for their own conduct as governed by § 15 and the mandatory provisions of German law on standard terms (§§ 305 et seq. BGB) remain unaffected.

§ 11 Content, Domain and Trademark Rights

The Partner is the sole owner of the content provided by it, including trademarks, logos and product images. For the term of the contract, it grants 4Unit a non-exclusive, free-of-charge right to display this content within the Service exclusively for purposes of the contract.

If the Partner provides the domain itself, it is responsible for lawful ownership, renewal and correct DNS configuration. If 4Unit assigns a subdomain to the Partner, this subdomain remains the property of 4Unit and must be released after the end of the contract.

The Partner warrants that the content provided by it does not infringe any third-party rights, in particular trademark, copyright or personality rights. In the event of justified objections by third parties, 4Unit is entitled to temporarily block the contested content without prior notice.

§ 12 Intellectual Property in the Service

All rights to the software, source code, data models, layouts, processes and documentation remain with 4Unit or the respective licensors. The Partner receives, for the term of the contract, a non-exclusive, non-transferable, non-sublicensable right of use to operate the Service for its intended purpose.

Reverse engineering, decompilation, modification, the creation of derivative works, offering the Service to third parties, automated bulk extraction of data (scraping) and any attempt to circumvent technical protection measures are expressly prohibited.

§ 13 Confidentiality

Both parties undertake to treat as confidential the non-public information of the other party obtained under the contract and to use it only for purposes of the contract. This includes in particular end-customer data, prices, technical interfaces and internal performance figures. This obligation continues for five years beyond the end of the contract.

§ 14 Data Protection

With regard to End Customers' personal data, the Partner is the controller within the meaning of the GDPR. 4Unit processes this data on the Partner's behalf as a processor. The details of the processing are governed by a separate data processing agreement (DPA) which applies upon conclusion of the contract.

With regard to the Partner's own master and contract data (company, contact and payment data), 4Unit is itself the controller. Further information is available in our Privacy Policy.

§ 15 Liability

4Unit is liable without limitation according to statutory provisions for intent and gross negligence, for fraudulently concealed defects, for damages resulting from injury to life, body or health, within the framework of an expressly assumed guarantee and under product liability law.

For slightly negligent breaches of essential contractual duties, liability is limited in amount to the foreseeable damage typical for the contract. Essential contractual duties are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Partner may regularly rely. Liability for slightly negligent breaches of other duties is excluded.

4Unit is not liable for:

The content, quality, safety or marketability of the goods or services offered by the Partner via the Service;
Damages arising from the delivery process (delays, damage, allergen errors), unless caused by the Service itself;
Outages or incorrect transactions of the payment processors chosen by the Partner;
Tax consequences of an incorrect configuration by the Partner;
Data losses for which the Partner is itself responsible due to omitted or delayed cooperation.

The Partner shall indemnify 4Unit against any third-party claims asserted in connection with the content provided by the Partner or with the performance of end-customer contracts.

§ 16 Force Majeure

Both parties are released from the performance of their obligations to the extent that they are prevented by an unforeseeable event outside their reasonable sphere of influence, in particular by official orders, pandemics, natural disasters, warlike conflicts, large-scale power outages, bottlenecks at upstream cloud infrastructure suppliers or cyberattacks. The duty to inform the other party without undue delay remains unaffected.

§ 17 Term and Termination

The contract starts with the activation of the Partner account and runs for an indefinite period. Insofar as the chosen Plan provides for a minimum term, ordinary termination is possible for the first time at the end of this minimum term. Thereafter, either party may terminate the contract in text form (email is sufficient) with 30 days' notice to the end of the month.

The right to terminate for good cause remains unaffected. Good cause exists for 4Unit in particular in the event of repeated payment default, breach of essential obligations of this contract, registration of the Partner on relevant sanctions lists or insolvency.

§ 18 Data Export After Termination

After the termination has taken effect, the Partner is granted read access to the dashboard for 30 calendar days for the export of its order and master data. After this period, all Partner and end-customer data will be irreversibly removed from the production systems in accordance with 4Unit's deletion concept; statutory retention obligations (e.g. for invoices) remain unaffected.

§ 19 Changes to These Terms

4Unit may amend these terms with effect for the future. Changes will be announced to the Partner at least 30 days before they enter into force, by email or in the dashboard. If the Partner does not expressly object within this period, the changes are deemed to have been accepted. In case of objection, the Partner is entitled to extraordinary termination as of the planned effective date of the change. These consequences will be specifically pointed out in the change notification.

§ 20 Final Provisions

This contract is governed exclusively by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

The exclusive place of jurisdiction for all disputes arising from this contract is – to the extent permitted by law – the registered office of 4unit SI GmbH (Borken, Hesse).

Amendments or supplements to this contract require text form. This also applies to the amendment of this text-form clause itself.

Should any provision of these terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.