Preliminary Remarks
Slyce provides an online service through the Slyce platform for managing and controlling advertising campaigns on the portal platforms of Lieferando, UberEats, and Wolt ("food delivery portals").Decisions required to create and manage campaigns and control advertising are based on the input of the customer and the analysis of data collected during the delivery of advertising campaigns on Lieferando, UberEats, and Wolt Ads. Slyce thus automatically regulates, for example, the maximum Cost-per-Click (Max. CPC) bid according to the customer’s defined objectives. These objectives can include maximizing the number of conversions while adhering to a maximum Cost-per-Order (CPO), achieving a target Return-on-Investment (ROI), or maximizing contribution margin (revenue minus advertising costs). Furthermore, Slyce independently adjusts bidding settings.
1. Subject Matter of the Contract
1.1. These Terms and Conditions (“T&Cs”) apply to the use of the password-protected Slyce service available at www.app.getSlyce.io, which Slyce offers to customers for their commercial or self-employed professional activity. These T&Cs do not apply to consumers as defined by Section 13 of the German Civil Code (BGB). By placing an order with Slyce, the customer accepts the T&Cs in the version valid at the time of the order.
1.2. Slyce reserves the right to amend these T&Cs and the subject of the services provided for valid reasons, such as changes in legal requirements, technical modifications, or developments. Customers will be informed of changes at least four weeks before they take effect. If the customer does not object within four weeks of receiving notice, the changes are considered accepted.
1.3. Conflicting or deviating terms and conditions of the customer are not part of the contract, even if Slyce does not explicitly object to them.
2. Conclusion of the Agreement
2.1. Using the Slyce service requires customer registration at www.app.getslyce.io. The customer then receives a confirmation email to activate their Slyce account. Registration and activation constitute an order for using the Slyce service.
2.2. Slyce accepts the order either through explicit confirmation or by providing the first service, which consists of activating at least one outlet in the Slyce app. An outlet is considered activated when it is created in the app, regardless of whether campaigns are optimized for it.
3. Scope of the Agreement
3.1. The contract covers the paid, or during an agreed test phase, free use of the Slyce service via the internet.
3.2. Slyce does not guarantee a successful bidding strategy or specific campaign results. All campaign settings must be configured by the customer, who bears full responsibility for their use of the service.
3.3. Slyce may offer a test phase during which the customer can use the service for free. If the customer chooses not to continue after the test phase, the account will be locked.
3.4. Slyce guarantees 95% service availability annually, excluding maintenance periods or internet/network-related outages beyond Slyce's control.
4. Access and Customer Obligations
4.1. Only the customer, their legal representative, and their employees are authorized to use the service.
4.2. The information requested by Slyce during registration must be provided fully and accurately, e.g., first and last names, current address and telephone number, and, if requested by Slyce, a current excerpt from the commercial register or a valid business license, a valid email address, the company name, and the name of an authorized representative. If any of the provided information changes after registration, the customer is obligated to promptly notify Slyce of the changes.
4.3. The customer is responsible for keeping personal login credentials confidential and for preventing their misuse. The customer must ensure that any additional users they authorize also keep their login credentials confidential and prevent misuse. Sharing login credentials with unauthorized third parties is considered misuse. If the customer becomes aware of misuse of login credentials, they must immediately notify Slyce by email at info@Slyce.io. In cases of misuse, Slyce is entitled to immediately block the affected login credentials. The customer is liable for any misuse attributable to themselves or to a user they have authorized.
4.4. The customer must have active restaurant accounts on Lieferando, Wolt, or UberEats relevant to the use of Slyce’s services on the respective platform.
4.5. The customer is obligated to grant Slyce access to the required platform accounts on Wolt, Lieferando, and UberEats (“platform accounts”), depending on the service package being used.
4.6. If the customer revokes Slyce’s access to their platform accounts before the contract ends, or if there are other reasons within the customer’s responsibility that prevent Slyce from providing its contractual services in full or in part, the customer remains obligated to pay the agreed monthly minimum fee to Slyce until the end of the contract term.
4.7. Slyce may incorporate additional data sources to enhance the data basis for the bidding algorithm. By default, Slyce is able to use data from the platform accounts for optimization purposes.
4.8. Slyce is compatible with the current versions of Firefox and Google Chrome. Other browsers are not supported. The customer acknowledges that optimal performance and higher speed of the Slyce service can only be achieved using the latest versions of these browsers, and that outdated versions may lead to delays. The customer is responsible for ensuring the technical requirements for accessing Slyce services on their end, particularly regarding hardware, operating system, internet connection, and browser software, in accordance with any technical guidelines Slyce may provide.
4.9. If the customer transfers data to a platform account accessible by Slyce or directly to Slyce, the customer must create backup copies of this data on their own storage devices before transmission. In the event of data loss, the customer must retransmit the relevant data free of charge to the platform account that Slyce has access to.
4.10. The customer shall carry out all necessary acts of cooperation required to fulfill the contract (e.g., providing access to platform accounts) in a timely manner. If the customer fails to cooperate in time, they have no entitlement to performance. After a failed request to the customer to fulfill the required cooperation, Slyce is entitled to terminate the contract with immediate effect for cause.
5. Rights of Use
5.1. Slyce grants the customer, for the duration of the agreement, a paid (or, during an agreed test phase, free), non-exclusive, non-transferable, and non-sublicensable right to use the contracted Slyce service “online” via the internet, as intended, by the users covered by the agreement.
5.2. The customer is not entitled to receive copies of the Slyce software or any other materials required for the Slyce service. All copyrights and other rights to any content of the Slyce services—and in particular, the Slyce software used for this—are reserved.
5.3. The customer grants Slyce all necessary, non-exclusive, geographically unrestricted usage rights to the content and data provided during the use of the Slyce service (e.g., product images, product descriptions, campaign data, order data, CPCs, etc.) for the purpose of fulfilling the agreement. These rights are granted for the duration of the agreement and an additional twelve months thereafter to allow for a reasonable wind-down period, if necessary. The customer also grants Slyce the right to edit the content provided for the purpose of creating product presentations—this includes modifying, shortening, supplementing, or combining the content with other materials. Furthermore, Slyce is granted the right to sublicense and/or transfer the usage rights granted by the customer to cooperation partners and/or third parties for the purpose of fulfilling the agreement.
5.4. The customer guarantees that no third-party intellectual property rights stand in the way of Slyce publishing or distributing the provided content. Specifically, the customer ensures that they have been granted all necessary, geographically and temporally unrestricted rights of use and exploitation (including the right to use likenesses) for any submitted product images and other copyright-protected works. Where applicable, a valid waiver of the right to be named as author must also exist.
5.5. The customer agrees to indemnify Slyce upon first request against any third-party claims arising from the infringement of intellectual property rights through the use of content provided by the customer. This includes compensating for any resulting damages—including the cost of legal defense, based on the applicable statutory fee and cost regulations (e.g., RVG, GKG).
5.6. In the event of a warning or cease-and-desist letter issued by a third party for violations of competition law, copyright law, or other legal grounds, Slyce is entitled to issue appropriate cease-and-desist declarations and immediately block or remove the allegedly infringing content, product presentations, or links from the relevant platforms until the matter is legally resolved. The customer agrees to reimburse Slyce for any costs incurred due to such warnings and content removal. Additionally, the customer will compensate Slyce for lost revenue until the contractual relationship ends.
5.7. Regardless of the above measures, each party remains entitled to take reasonable and appropriate action in its own name, coordinated with the other party. If one party initiates legal proceedings, the other party is entitled—unless prohibited by legal reasons—to participate in the proceedings.
6. Warranty
6.1. A material defect exists if the Slyce service does not possess the contractual characteristics and, as a result, its suitability for contractual use is eliminated or significantly reduced. An insignificant impairment of suitability is disregarded.
6.2. The customer must notify Slyce immediately of any defects, disruptions, or damage that occur.
6.3. Slyce will remedy defects within a reasonable period after receiving a written and comprehensible description of the defect from the customer.
6.4. The customer's right to terminate the contract due to denial of use in accordance with Section 543(2)(1) of the German Civil Code (BGB) only exists if the defect is not remedied within a reasonable period or the remedy is deemed to have failed.
6.5. The customer's right to claim damages—where statutory requirements are met—remains unaffected and is governed by the provisions in the following Section 7.
7. Liability
7.1. Slyce is liable without limitation in accordance with statutory provisions for damages: a) resulting from injury to life, body, or health caused by an intentional or negligent breach of duty or other intentional or negligent conduct by Slyce or one of its legal representatives or agents; b) due to the absence or loss of a guaranteed characteristic or in the event of non-compliance with a guarantee; c) caused by an intentional or grossly negligent breach of duty or other intentional or grossly negligent conduct by Slyce or one of its legal representatives or agents.
7.2. Slyce is liable—limited to compensation for typical, foreseeable damages—for damages resulting from a slightly negligent breach of essential contractual obligations by Slyce or one of its legal representatives or agents. Essential contractual obligations are those whose fulfillment is a prerequisite for proper contract execution and on whose observance the customer may reasonably rely.
7.3. Slyce's strict (no-fault) liability under Section 536a (1), 1st alternative of the German Civil Code (BGB)—for defects already existing at the time of contract conclusion—is excluded.
7.4. In cases of data loss caused by slight negligence, Slyce is liable only for the damage that would have occurred even with proper and regular data backup by the customer appropriate to the importance of the data. This limitation does not apply if the data backup was hindered or made impossible due to reasons attributable to Slyce.
7.5. The above provisions apply accordingly to Slyce’s liability for the reimbursement of futile expenses.
7.6. Any liability under the Product Liability Act remains unaffected.
7.7. If a free trial period has been agreed with the customer, Slyce’s liability for services provided during the trial period deviates from the above provisions and is governed by Sections 599 and 600 of the German Civil Code (BGB).
8. Fees and Billing
8.1. Unless otherwise agreed in writing by the parties, the prices valid at the time of contract conclusion, as published at www.getslyce.io, shall apply.
8.2. Unless otherwise agreed, the monthly base fee and the variable monthly fee are payable in arrears at the end of the respective calendar month. If the contract begins or ends during a calendar month, the base fee shall be calculated pro rata temporis.
8.3. All stated fees and prices are exclusive of the applicable statutory value-added tax (VAT), unless already explicitly indicated.
8.4. In the event of default in payment by the customer, Slyce is entitled to suspend access to the Slyce service until all outstanding claims from the entire business relationship with the customer—regardless of their legal basis—have been settled. Monetary debts in default are subject to interest as prescribed by law.
8.5. The customer may only offset claims or assert a right of retention if the claims are legally established or undisputed. Claims arising from this contract may only be assigned to third parties with the prior written consent of Slyce.
9. Term and Termination
9.1. During a free trial period granted to the customer, the customer may terminate the contract at any time without observing a notice period. A free trial begins upon conclusion of the contract and ends after 30 days, unless a different period has been agreed upon or the contract is terminated earlier. If the customer does not terminate during the trial period, the trial automatically transitions into paid usage.
9.2. The contractual relationship for paid usage runs for a period of one month. It is automatically extended by one additional month unless terminated by either party with one month’s notice before the end of the current contract year.
9.3. If a fixed-term contract for paid usage has been separately agreed in writing, it continues until the end of the agreed contract term. It is then automatically renewed for the originally agreed duration unless terminated by either party with one (1) month’s notice before the end of the contract term.
9.4. The right of both parties to terminate the contract without notice for good cause remains unaffected. A good cause entitling Slyce to terminate without notice exists in particular if the customer is more than two monthly payments in arrears.
9.5. If such a good cause exists, Slyce is entitled to immediately block the customer’s access to the Slyce service. The act of blocking access also constitutes termination without notice.
9.6. Unless otherwise provided in clause 9.7, sentence 2, terminations must be made in writing or by email. If made by email, customer terminations must be sent to support@Slyce.com.
9.7. Data generated in Slyce and stored on Slyce’s servers will be deleted no later than 360 days after termination by Slyce. After termination, the customer no longer has access to their Slyce account.
10. Reference Naming
Slyce has the right to list the customer as a reference in an appropriate place on the Slyce website as well as in other marketing materials. The customer may revoke this consent at any time with effect for the future.
11. Final Provisions
11.1. Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and any provisions that refer to another legal system.
11.2. The place of performance is Berlin.
11.3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Slyce is Berlin.
