Terms of use

As of: 26 May 2026

Preamble

The WAY.FOOD online platform is operated by Portal Minds UG (haftungsbeschränkt) (limited liability company) (hereinafter referred to as "WAY.FOOD"). This online platform is intended to bring operators of food trucks and their potential clients together conveniently, quickly, and attractively on a digital marketplace. WAY.FOOD acts in the role of a marketplace operator and intermediary, without being involved in the actual performance of services between the mediated parties. The following is agreed in this sense:

1. Subject matter of the terms of use

1.1 On WAY.FOOD’s platform, entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), who operate at least one food truck, („FOODTRUCKER“) may, in accordance with the provisions of these terms of use together with their annexes (collectively "terms of use"), offer and distribute goods and services of the food-truck business in their own name and for their own account to clients.

1.2 Clients may be entrepreneurs within the meaning of Section 14 BGB, such as event organizers and festival operators, or consumers within the meaning of Section 13 BGB. Clients may also publish orders for FOODTRUCKER via the marketplace.

1.3 WAY.FOOD supports NUTZER (FOODTRUCKER and clients) primarily by technically providing the marketplace; by brokering contact and business via the marketplace; and by creating and managing offers on the marketplace.

1.4 As a general rule, WAY.FOOD reserves the right to exercise negative freedom of contract, including the right to refuse to admit a NUTZER to the platform. Conclusion of the contract is subject to the suspensive condition of successful review of the NUTZER pursuant to Clause 4 by WAY.FOOD.

2. Scope and priority

2.1 These terms of use finally govern the agreements between WAY.FOOD and the NUTZER for the contractual services in connection with the platform.

2.2 These terms of use also apply to all future business relationships of WAY.FOOD with the NUTZER or their legal successor that relate to use of the platform, even if they are not expressly agreed again.

2.3 Deviating, supplementary, or conflicting terms of the NUTZER that WAY.FOOD does not expressly acknowledge are not binding on WAY.FOOD, even without express objection. These terms of use shall also apply where WAY.FOOD, with knowledge of conflicting or deviating terms of the NUTZER, unconditionally provides services to the NUTZER or renders services to the NUTZER.

3. Right to amend

3.1 WAY.FOOD is entitled to amend these terms of use with effect for the future. Such amendments will be communicated by WAY.FOOD to the NUTZER at least six weeks before they take effect in text form ("notice of amendment"). WAY.FOOD will expressly draw attention in the notice of amendment to the NUTZER’s special right of termination and the legal consequences of their remaining silent. The NUTZER may, at their option, exercise a special right of termination with immediate effect or at the time the amendments take effect. If the FOODTRUCKER does not give special notice of termination within six weeks after the notice of amendment, the amendments shall take effect at the announced time.

3.2 WAY.FOOD also has the right, in the context of further development of the platform, to change or remove partial functions. This has no effect on the existence of the respective contract or its term, provided the NUTZER’s ability to achieve the purpose of the contract is not jeopardized. WAY.FOOD is in particular entitled to change the range of services, in particular content and structure as well as the user interface including functionalities of the platform and any associated extension modules, if and insofar as thereby fulfillment of the purpose of the contract concluded with the NUTZER is not materially impaired. The amendments must, with regard to the currency of the range of services, in particular the software used, visual presentation, usability, availability, security, or the content offered, be reasonably necessary for WAY.FOOD in order to maintain, improve, or extend the functionality of the range of services. The NUTZER will be notified of corresponding changes.

4. Marketplace participation

4.1 Upon request by the FOODTRUCKER to participate on the platform as a provider of food trucks and after successful review of the requirements under these terms of use and Annex 1 (Onboarding – FOODTRUCK), WAY.FOOD will create a user account for the FOODTRUCKER. For each registered food truck, a sub-user account is added to the user account respectively. Only food trucks with their own sub-user account may be advertised via WAY.FOOD.

4.2 Upon request by the client to participate on the platform as a client and after successful review of the requirements under these terms of use and Annex 2 (Onboarding – client) for participation, WAY.FOOD will create a user account for the benefit of the client.

5. Marketplace offers

5.1 The FOODTRUCKER may place offers on the marketplace pursuant to Clause 1.1 by means of the respective sub-user account, provided the legal and factual requirements for operating the food truck stored in the sub-user account are met at the time the offer is made. All information on the individual offers, their price, and further master data is entered by the FOODTRUCKER via their (sub-) user accounts for retrieval via the marketplace.

5.2 The client may place orders for FOODTRUCKER on the marketplace pursuant to Clause 1.1, provided the legal and factual requirements for providing a food truck exist at the time the order is advertised. All information on the individual orders, their award requirements, costs, requirements for the FOODTRUCKER, and further master data is entered by the client via their user account for retrieval via the marketplace.

5.3 The NUTZER ensures the currency, completeness, lawfulness, and accuracy of their offers/orders and will update them without delay if changes occur. If the NUTZER is alerted by third parties to a possible infringement through their offer/order or a third party asserts rights because of an infringement, the NUTZER will notify WAY.FOOD without delay and provide the necessary documents for WAY.FOOD to review the infringement.

6. Ranking

6.1 WAY.FOOD uses various ranking mechanisms on the marketplace. Their description is contained in Annex 3 (ranking mechanisms).

6.2 From time to time, WAY.FOOD will offer a range of benefits as part of promotions and campaigns. These may be advertised separately (e.g. via newsletter, banner, etc.). The NUTZER’s access to such promotions and campaigns is at WAY.FOOD’s sole discretion.

7. WAY.FOOD obligations

7.1 WAY.FOOD operates the marketplace and supports the NUTZER in technical matters at WAY.FOOD’s discretion, in particular in the creation and maintenance of master data.

7.2 Where WAY.FOOD is required to do so, in particular under the Plattformen-Steuertransparenzgesetz (PStTG) (German Platform Tax Transparency Act), the necessary master and turnover data will be transmitted to the competent tax authorities.

8. General NUTZER obligations

8.1 The NUTZER will not offer or distribute on the marketplace any offers, orders, or content that violate applicable law.

8.2 In connection with the data entered and use of the marketplace, the NUTZER will not infringe any third-party rights (e.g. name, trade mark, copyright, image/personality, and data-protection rights) and grants WAY.FOOD a simple right to use the entered content for the period during which the NUTZER uses the marketplace.

8.3 The NUTZER ensures technical compatibility for connecting their required IT systems to the marketplace.

8.4 The NUTZER is responsible for the security of their systems and must take all precautions necessary for the protection against, and defense from, malware.

8.5 The NUTZER must notify WAY.FOOD without delay of any errors, defects, and disruptions of the marketplace and must assist WAY.FOOD in identifying and remedying defects, in particular by granting without delay access to the information from which the circumstances of the occurrence of a defect can be ascertained.

9. Special NUTZER obligations

9.1 FOODTRUCKER shall, subject to other arrangements with the client, in particular ensure that the necessary conditions for performing their services towards the respective client are met, for example:

• necessary trade registration with the competent trade office has been completed;
• compliance with applicable hygiene regulations;
• insurance coverage, in particular public liability insurance for the business;
• where required, possession of an itinerant trade card, restaurant license, turnover tax booklet (Umsatzsteuerheft), and vehicle registration.

9.2 Clients shall, subject to other arrangements with the FOODTRUCKER, ensure that the legal prerequisites for processing the order at the time of performance by the FOODTRUCKER are met, in particular:

• the necessary event permit, where applicable including any required special-use permit from the competent authorities;
• compliance with required fire-safety and traffic-safety measures;
• insurance coverage, such as liability and accident insurance;
• compliance with and provision of necessary facilities to ensure food hygiene;
• provision of necessary sanitary facilities;
• provision of necessary waste-disposal facilities.

10. Costs of marketplace use

10.1 Use of the marketplace is remunerated by the NUTZER in accordance with Annex 4. Any additional services rendered by WAY.FOOD, such as configurations, implementations, parametrisations, briefings, training, and adjustments are, subject to other agreements, to be remunerated separately, as are other supplementary services that are not expressly agreed as the object of performance.

10.2 To compensate for increased personnel and other costs, WAY.FOOD has the right to change prices and remuneration for the respective contractual services. Such price changes are permitted, however, at the earliest twelve months after conclusion of the contract and only once per year. WAY.FOOD will notify the NUTZER of the changes in writing at least six weeks before they take effect. If the NUTZER does not accept the price increase, they are entitled to terminate the contract as a whole with one month’s notice to the end of a calendar month. In the event of special termination, the non-increased prices apply until termination takes effect.

10.3 Objections to invoices issued by WAY.FOOD must be raised by the NUTZER vis-à-vis WAY.FOOD within six weeks of receipt of the invoice. After expiry of this period, the invoice is deemed approved by the NUTZER.

11. Availability

11.1 WAY.FOOD aims for average availability of the marketplace of 98 % per calendar year during usual usage times (weekdays from 06:00 to 18:00). In the calculation, times of unavailability due to disruptions of the internet that WAY.FOOD cannot influence or other circumstances for which WAY.FOOD is not responsible, or due to force majeure, including epidemic or pandemic, are disregarded.

12. Restriction and exclusion

12.1 In the event of a breach of these terms of use, or where this is necessary for the security or integrity of the marketplace, WAY.FOOD is entitled temporarily or permanently to restrict the NUTZER’s marketplace presence. The same applies if grounds for extraordinary termination pursuant to Clause 17.2 exist or there is reasonable suspicion that the preconditions for extraordinary termination are met.

13. Liability

13.1 WAY.FOOD is responsible for the technical infrastructure made available for the purpose of the contract.

13.2 WAY.FOOD is not responsible for the security and integrity of data communications carried over third-party communications networks. WAY.FOOD is also not responsible for disruptions in data transmission and reproduction caused by technical errors or configuration issues on the client’s or NUTZER’s side.

13.3 The NUTZER is responsible for the hardware and software they use, the communication channels they use, and the content they publish.

13.4 For claims based on damage caused by WAY.FOOD, its legal representatives or vicarious agents, WAY.FOOD’s liability is unlimited as required by law in the following cases:

• injury to life, body, or health,
• fraudulent intent,
• intentional or grossly negligent breach of duty,
• guarantee promises or assurances, where agreed, and
• to the extent the scope of the German Product Liability Act applies.

13.5 For breach of essential contractual duties whose fulfillment is indispensable for proper performance of the contract and on whose compliance the NUTZER may regularly rely (cardinal duties), through slight negligence of WAY.FOOD, its legal representatives, or vicarious agents, liability as to amount is limited to the foreseeable damage typical for this type of contract at the time of conclusion of the contract. This does not apply where paragraph 1 of this section (§ 13) also applies.

13.6 WAY.FOOD’s strict liability for damages for defects existing at conclusion of the contract (Section 536a BGB) is excluded. The foregoing provisions of this section remain unaffected.

13.7 All other claims for damages are excluded.

14. Duty of indemnity

14.1 The NUTZER shall indemnify WAY.FOOD in the event of being held liable due to an infringement and/or violation of rights of third parties from all third-party claims arising from actions of the NUTZER in connection with use of the marketplace that are attributable to the NUTZER.

15. Data protection

15.1 The contracting parties comply with applicable data-protection law. In particular, the contracting parties will only collect, process, or use personal data of the other contracting party within the meaning of Article 28 of the General Data Protection Regulation (GDPR) in accordance with the other party’s instructions. The contracting parties obligate their employees to comply with data-protection requirements.

15.2 The contracting parties will use information, documents, materials, and tools received in connection with their contractual relationships only for contract performance. They will treat as confidential the information, documents, materials, and tools, the conclusion of contracts, and their subject matter and content, and will ensure compliance with this obligation by their employees as well. The preceding provision (data protection) remains unaffected.

15.3 The NUTZER consents to the storage of billing data for evidentiary purposes and within statutory retention periods.

16. Confidentiality

16.1 The contracting parties will treat material matters of the other party that are not generally known as confidential. Confidential information and the master data the contracting parties make available to each other may only be used for the contractually intended purpose. Any further reproduction or disclosure to third parties is not permitted. The contracting parties must carefully retain documents and information provided for fulfillment of the contract, in the mutual interest of both parties.

17. Termination and consequences

17.1 If the NUTZER requests deletion of their user account with WAY.FOOD, their marketplace presence will be blocked at the end of the month following the next calendar month; in the case of FOODTRUCKER, existing sub-user accounts will be blocked at the same time. The same applies upon termination of the contractual agreements between WAY.FOOD and the NUTZER.

17.2 The contracting parties have the right to terminate these terms of use for good cause without notice. Good cause exists where, having regard to the circumstances of the individual case and weighing the interests of both sides, it would be unreasonable for the terminating party to continue the contract until expiry of a notice period or an agreed termination date. Good cause exists in particular where:

• the NUTZER has breached material provisions of these terms of use, in particular Clauses 5 and 7, and fails to remedy the breach after a deadline or repeats the breach;
• the NUTZER no longer meets the conditions required for onboarding;
• one of the contracting parties has been deleted from the commercial register (German: Handelsregister);
• the NUTZER provided false information when registering to use the marketplace;
• the other party is in default of payment by more than a non-insignificant amount;
• the NUTZER causes re-registration while a block under these terms of use is still in effect;
• the NUTZER persistently offered inadmissible offers despite a deadline coupled with a threat of termination;
• the NUTZER fails to comply fully with their tax obligations and WAY.FOOD receives notice of this from a tax authority or otherwise becomes aware of this fact.

17.3 Product information deposited by the NUTZER until blocking of their marketplace presence or until termination of their contractual relationship with WAY.FOOD, such as entered data and information, may remain on record with WAY.FOOD as at the existing status.

17.4 The master data of a NUTZER whose access to the marketplace was permanently blocked due to deletion of the marketplace presence or for other termination of the contractual relationship with WAY.FOOD will be permanently deleted by WAY.FOOD no later than five years after blocking.

18. Miscellaneous

18.1 Provisions deviating from these terms of use apply only after express written confirmation by WAY.FOOD vis-à-vis the FOODTRUCKER. Amendments pursuant to Clause 3 are excluded from the foregoing.

18.2 The contract language is German. Offers and orders on the marketplace may also be submitted only in German.

18.3 The NUTZER may retrieve these terms of use on the marketplace at any time and print them using the browser’s print function and/or save them electronically. In addition, these terms of use are sent to the NUTZER upon confirmation of their user account.

18.4 Assignment of rights under this contract to third parties by the NUTZER is permitted only with WAY.FOOD’s written consent. Section 354a of the German Commercial Code (HGB) remains unaffected.

18.5 The NUTZER may set off against a claim of WAY.FOOD only with an undisputed or legally established claim.

19. Direct bookings

19.1 A direct booking concluded through the checkout flow labelled “way.food Check-out” becomes binding upon successful online payment. No additional confirmation step from the FOODTRUCKER is required. The FOODTRUCKER keeps the calendar up to date; a confirmed booking blocks the slot automatically.

19.2 An open chat negotiation (booking with no payment yet) already reserves a calendar slot at the FOODTRUCKER in order to prevent double-booking. The slot is released on rejection or auto-cancellation.

19.3 Binding chat offers (so-called “individual package”) are valid for the FOODTRUCKER for seven (7) days (and never beyond the event itself). A revised offer subsequently sent by the FOODTRUCKER replaces the previous one.

20. Pricing and payment for direct bookings

20.1 Additive model. The Auftraggeber pays the FOODTRUCKER’s calculated net price plus a percentage service fee charged by WAY.FOOD and a flat platform fee of €7.95 per booking. These fees are added on top of the FOODTRUCKER’s net and are paid by the Auftraggeber — the FOODTRUCKER receives 100 % of their calculated package price. The applicable service-fee rate follows the published subscription tariff.

20.2 Deposit. At checkout a deposit of at least 20 % of the FOODTRUCKER’s net is collected online via Stripe, together with the service fee and the platform fee (“Due today”). FOODTRUCKER may set the deposit up to 50 % per package.

20.3 Remaining payment. The remainder (FOODTRUCKER net minus deposit) is settled directly between Auftraggeber and FOODTRUCKER — either on site at the event or by bank transfer as the parties agree. WAY.FOOD does not collect the remaining amount.

20.4 Payout. The deposit collected online is paid out to the FOODTRUCKER via Stripe Connect fourteen (14) days after the event date. Until then, WAY.FOOD holds the funds; cancellation splits per Section 22 apply before payout.

20.5 Platform fee. The platform fee (€7.95) is non-refundable except in the 24-hour free-cancel window (Section 22.1) and in case of a FOODTRUCKER-side cancellation (Section 24).

20.6 Stripe refund fees are borne by WAY.FOOD — the Auftraggeber receives the stated refund amount in full.

21. Invoicing for direct bookings (two-invoice model)

21.1 WAY.FOOD issues the Auftraggeber a VAT-compliant invoice exclusively covering the amounts collected online (service fee + platform fee).

21.2 The invoice covering the FOODTRUCKER’s net (the catering service itself) is the FOODTRUCKER’s responsibility towards the Auftraggeber. WAY.FOOD makes the Auftraggeber’s billing data and the package summary available to the FOODTRUCKER in the FOODTRUCKER backend so no follow-up is needed.

21.3 In addition, the Auftraggeber receives an order confirmation from WAY.FOOD (event details, FOODTRUCKER, total, deposit, remaining-payment note). It is purely documentary and does not constitute a tax invoice.

22. Cancellation by the Auftraggeber

22.1 24-hour free-cancel window. If the Auftraggeber cancels within twenty-four (24) hours of payment, a full refund of all amounts paid online — including the platform fee — is issued.

22.2 Cancellation tiers outside the free window. Outside the free window, the refund follows the distance to the event date:

22.3 The platform fee (€7.95) is non-refundable per Section 20.5 and is reflected in the cancellation outcome. The Auftraggeber is shown a single bundled cancellation fee and a single refund amount in the cancellation dialog.

23. Section 648 BGB — statutory claim and contractual waiver

23.1 Where the Auftraggeber cancels within fourteen (14) days of the event date (tiers 7–13 and 0–6 days under Section 22.2), the FOODTRUCKER is, in principle, entitled under section 648 sentence 2 of the German Civil Code (BGB) to the agreed remuneration less saved expenses vis-à-vis the Auftraggeber. This statutory position remains unaffected.

23.2 Contractual waiver. Upon concluding the user agreement with WAY.FOOD — that is, by accepting these Terms of Use on registration — the FOODTRUCKER recognises the cancellation tiers under Section 22 as the conclusive settlement of its claims arising from an Auftraggeber cancellation and undertakes towards WAY.FOOD not to assert against the Auftraggeber any claim under section 648 BGB exceeding the cancellation tiers. In particular, the FOODTRUCKER does not separately invoice the Auftraggeber, outside the platform, for the portion of remuneration exceeding the cancellation tiers. This waiver operates in favour of the Auftraggeber (section 328 BGB).

23.3 Section 648 BGB is non-mandatory law; the contracting-out under Section 23.2 is validly agreed between WAY.FOOD and the FOODTRUCKER. WAY.FOOD neither collects nor enforces any claims of the FOODTRUCKER against the Auftraggeber.

24. Cancellation by the FOODTRUCKER

24.1 If the FOODTRUCKER cancels a paid booking, the Auftraggeber receives a full refund of all amounts paid online, including the platform fee.

24.2 Repeated FOODTRUCKER cancellations may result in temporary or permanent suspension of the FOODTRUCKER’s marketplace presence (map, search, public profile page). Existing bookings remain unaffected; backend access is preserved. WAY.FOOD lifts the suspension after clarification; Section 12 and Section 17.2 remain unaffected.

24.3 An additional FOODTRUCKER penalty fee is not levied in the current phase.

25. Force majeure

25.1 WAY.FOOD recognises the following force-majeure grounds that may depart from the regular cancellation tiers:

• Auftraggeber: documented illness (medical certificate with date, doctor’s stamp and reference to the event), official prohibition (written official decision specifically prohibiting the event), severe weather (outdoor events only, with an official storm/weather warning).
• FOODTRUCKER: caterer emergency with evidence (medical certificate, vehicle repair invoice or similar).

25.2 Force-majeure requests are reviewed manually by WAY.FOOD. Possible outcomes: full refund, 50 % refund plus 50 % voucher for re-booking within twelve (12) months, free re-booking on a new date, or fallback to the regular cancellation tiers if the evidence is insufficient.

25.3 On a FOODTRUCKER force majeure the Auftraggeber receives an immediate full refund. A consequence provisionally recorded against the FOODTRUCKER is reversed if the force majeure is recognised.

26. Conduct rules in the booking chat (pre-payment)

26.1 While a direct booking has not yet been paid, communication between Auftraggeber and FOODTRUCKER runs exclusively through the embedded WAY.FOOD booking chat. Exchanging phone numbers, email addresses, URLs or messenger contacts is not permitted in this phase. WAY.FOOD blocks such messages automatically.

26.2 Repeated FOODTRUCKER-side breaches lead first to a written warning and then to ongoing ranking consequences in search results; persistent breaches can result in suspension per Section 24.2.

26.3 Once payment has been received, the parties’ contact details are released automatically in the booking chat. Direct communication is then expressly permitted and is standard for remaining-payment and travel logistics.

27. Reviews

27.1 Auftraggeber may rate the FOODTRUCKER after the event (1–5 star scale, optional free text). The rating is published on the FOODTRUCKER’s public profile page.

27.2 Review reminders are sent fourteen (14) days after the event date; a second reminder follows after thirty (30) days if no review has been submitted yet.

28. Data retention on account deletion

28.1 If an Auftraggeber or FOODTRUCKER account is deleted (GDPR Art. 17), existing booking records, receipts, refund records and reviews remain readable. Display-relevant data (name, address, package content) is stored with the booking as a snapshot and remains available for accounting and claim purposes after account deletion.

28.2 Section 17.4 remains unaffected: master data of deleted accounts is finally erased no later than five (5) years after suspension; booking-related snapshots are retained for the statutory retention period.

29. Governing law and place of jurisdiction

29.1 The place of jurisdiction for all disputes is Braunschweig. WAY.FOOD’s right to bring proceedings before any court having statutory jurisdiction remains unaffected.

29.2 German law applies exclusively, to the exclusion of all conflict-of-law rules referring to another legal system; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

30. Severability

Should one or more provisions of this agreement be or become invalid, the remainder of this agreement and contracts concluded under it remain effective, and the validity of the other provisions is not affected thereby. The foregoing also applies if one or more provisions are or become void.