Terms of use for the nunc. espresso system

 

  1. Subject matter and scope  

  1. These Terms of Use regulate the use of the, by nunc. GmbH, Oberlohnstr. 3, 78467 Konstanz, Germany (hereinafter “nunc.”) nunc. espresso system including the mobile nunc. app (hereinafter also referred to as the “app”), which can be downloaded from the Apple and Google app stores , and the nunc. cloud services. nunc. offers users​ the, described in Annex 1, Service offering (e.g. remote updates, remote diagnosis, individual setting of certain machine parameters, hereinafter referred to as “service offering”). For the use of the service including the app usage these Terms of Use in their currently valid version apply exclusively.  

  1. In addition to these Terms of Use, the relevant terms and conditions of the respective app store apply to the download and use of the app. If an independent contractual relationship is established between the user and the app store operator, this relationship is not affected by these Terms of Use and the contract concluded between the contracting parties.  

  1. Use of the app and the services offered requires registration of a free user account. Only nunc contractual partners are authorized to register and use the app and the group companies affiliated with nunc. who have purchased a nunc. espresso system (hereinafter referred to as "users"). Creating a user account is only possible if the user provides a current email address. This email address is also used for communication with nunc. in connection with the execution of the contract or – provided that the user has given their consent – ​​for further advertising purposes. The user guarantees that the data provided when creating their user account is correct and complete.  

  1. By registering and using the service, the user accepts the validity of these terms of use in their current version.  

  1. Deviating, supplementary or conflicting terms and conditions of the user will not be recognized unless nunc. expressly agrees to their validity with regard to the use of the nunc. espresso system.

  1. The service can only be used in the current version. In order to use the app and the service, it may be necessary from time to time for the user to download and install a new version of the app or machine software.  

  1. For other services not included in the service, these Terms of Use do not apply to the deliveries and services included in an order from nunc. and its affiliated companies. Instead, the General Terms and Conditions provided in connection with an order, in their currently valid version, shall apply exclusively. The appendices form part of these Terms of Use.

  1.  Scope of services and responsibility  

  1. By registering and accepting these Terms of Use, the user receives access to the app and the associated services.  

  1. nunc. provides extended cloud-based operating services for private end users using the app for the nunc. espresso system (e.g., remote updates, remote diagnostics, individual settings for specific machine parameters). The operational provision of the app and the service offering (see Appendix 1) is carried out by Next Level Coffee GmbH, Uferstraße 6, 78465, Konstanz, Germany, an affiliated company of nunc.  

  1. nunc. uses some services/software from third-party providers to provide its services. nunc. points out that in this respect, the contractual and licensing conditions of the respective manufacturer or supplier or the applicable open source license conditions take precedence. These may contain provisions regarding the granting of rights of use, as well as warranty and liability, that deviate from these provisions. If the contractual and licensing conditions for the third-party software contain any gaps, the provisions of these Terms of Use shall apply in addition. nunc will inform the user of the contractual and licensing terms and conditions for third-party products. The relevant third-party contractual and licensing terms and conditions can be accessed via the following links: https://stripe.com/de/legal/ssa (Stripe), https://support.google.com/googlepay/answer/9039712?hl=de (Google Pay)

  1. nunc. exercises the usual level of care in selecting, maintaining, and editing the content of its services. However, we cannot assume any liability or guarantee for the accuracy, completeness and timeliness of the services provided free of charge.  

  1. The provisions of Section 5 of these Terms of Use remain unaffected by the above provisions in Section 2(4).  

  1. During the contractually agreed usage period, nunc. will provide the updates necessary to maintain the contractual conformity of the app and the service offering (in particular, security and compatibility updates). There is no further obligation to provide upgrades or new functionalities.  

  1. nunc. is entitled at any time to change the free service offering, to make new services/functionalities available free of charge or for a fee, and to discontinue services/functionalities provided free of charge. nunc. will always take the legitimate interests of users into account in doing so.  

  1. nunc. is not obliged, unless otherwise agreed between the contracting parties, to process the user’s data to store, archive and/or make available for access by the user beyond the time of termination of the contract unless there are legal retention obligations.  

 

  1. Granting of rights of use  

  1. In connection with the use of the service, including the use of the app, costs may be incurred, particularly for data transfers with the respective network operator. These costs must be borne by the user.  

  1. The exclusive ownership, usage and exploitation rights to the app remain with the user. nunc., unless expressly agreed otherwise.  

  1. The service may not be available in other countries. Furthermore, nunc. advises that using the service from abroad may incur additional charges, which the user must bear and which they should clarify with their local provider. Downloading or accessing the app and the service may be restricted or impaired while roaming in a foreign network.  

  1. The user receives in-app messages or  if he has agreed to this on the device–push messages with recommendations and information on how to best use the nunc. espresso system as well as relevant products and services from nunc. and affiliated companies.  

  1. Unless expressly stated otherwise, the user is granted a non-exclusive, non-sublicensable right, limited in time to the duration of the contractual relationship, to install the app in accordance with these terms of use and to use the service offering in accordance with these terms of use to the extent provided by nunc. The user is permitted to copy the app on any number of devices, provided this is necessary for contractual use. Modification of the app, retranslation of the provided program code into other code forms (decompilation), and other types of reverse engineering of the various production stages of the software are prohibited. Sections 69d and 69e of the German Copyright Act remain unaffected.  

  1. Unless expressly stated otherwise, nunc. permits the user to access and display the service offering via the app for their own, non-commercial purposes, in accordance with these terms of use, and to use it as intended. This permission does not grant the user any rights to content or other information made available in the app. Mandatory statutory rights (including reproduction for private and other personal use) remain unaffected. If commercial use is intended, express prior consent from nunc. is required.  

  1. A claim to use the app and the service offering generally only exists within the scope of nunc's technical and operational capabilities. nunc. is entitled to interrupt the operation of the app and the service offering for compelling technical reasons or due to necessary maintenance work without prior notice. In all other cases, advance notice will be given in an appropriate manner and with reasonable notice.  

  1. The user acknowledges that 100%availability of the service, including the underlying IT infrastructure, is not technically feasible. However, nunc. strives to keep the free service available as consistently as possible. Maintenance, security, or capacity issues, as well as events beyond nunc.'s control (such as disruptions to public communications networks, power outages, etc.), may lead to restrictions or the temporary suspension of the service.  

  1. The user grants nunc. the rights necessary for the performance of the contract to the data transmitted by him within the scope of the use of the nunc. espresso system and the app. The user grants nunc. the right to store and process the data. Furthermore, nunc. receives from the user free of charge the right, unlimited in time, space and content, to use the collected data of the user to store and evaluate it in aggregated form for analysis and optimization purposes and to combine it with other data (including that of other customers ), to reproduce and process it and to share it with affiliated companies, insofar as this is necessary to provide the service. 

  1. Obligations of the user, restrictions on use  

  1. Minors are only permitted to use the service if they have the appropriate consent of their legal guardians.  

  1. The user may only use the app, the services and the content contained therein in accordance with these terms of use as well as the framework provided by nunc. in the app.  

  1. The user is solely responsible for the security of his IT infrastructure, in particular his mobile devices.  

  1. The user undertakes to refrain from any action that could endanger or disrupt the functionality of the app or the provision of the service.  

  1. The user may not misuse the service or allow it to be misused in any way. In particular, the user may not use the app for purposes other than those intended by nunc. and must also observe the safety and operating instructions of the nunc. espresso system when using it.  

  1. The user is not permitted to upload the content and other information made available via the app to other databases, to read it using robots or any other means by machine, to publish it, to publicly reproduce it, or to make it publicly accessible in any other way, in particular via an app and/or on the Internet, unless this is expressly provided for within the scope of the service, for example, by providing a share function. This may also not be done on behalf of third parties and/or on behalf of other users of the service.  

  1. Any use of the service for illegal purposes is prohibited. Applicable laws, in particular copyright law, competition law, data protection law, and criminal law, must be observed in all use. Violations by the user may lead to immediate termination of this contractual relationship and/or discontinuation of the service. The same applies to violations of these Terms of Use. However, nunc. will consider the legitimate interests of the user when taking such measures. nunc. expressly reserves the right to assert further rights.  

  1. In the event of adjustments and further developments to the service offering, it is the user's responsibility to make any necessary adjustments to the IT infrastructure used by him, in particular with regard to the mobile devices used to use the app, in order to be able to continue using the service offering.  

  1. If the user is offered the opportunity to rate the services or products offered, the respective user is obligated to comply with applicable law. In particular, it is prohibited to submit ratings that contain false facts or personal insults or defamatory criticism.  

  1. In order to enable nunc. to improve and further develop the service offering at its own discretion, the user will immediately inform nunc. in text form of any defects or malfunctions and will document the circumstances and the manner in which the defect or malfunction occurs in a comprehensible manner.  

  1. Warranty and liability  

  1. Regardless of the legal basis, nunc. is liable for damages to the user resulting from an intentional or grossly negligent breach of duty by nunc. or its vicarious agents, as well as for damages to life, limb or health and in the case of claims under the Product Liability Act in accordance with the statutory provisions.  

  1. Unless otherwise stated in a guarantee provided by nunc., nunc. shall be liable, regardless of the legal basis, only to the following extent:  

i. For damages caused by slight negligence, nunc. is only liable to the extent that they are based on the breach of essential contractual obligations, without which the achievement of the contractual purpose would be jeopardized and on whose fulfillment the user may therefore regularly rely (so-called cardinal obligations). In such cases, nunc.'s liability is limited to compensation for contractually typical and foreseeable damages.

ii. nunc.'s liability for the loss of data within the framework of the above provisions is limited to the typical recovery costs that would have been incurred if the user had regularly and, under the circumstances, appropriately backed up the data.  

  1. The above provisions shall apply accordingly to the reimbursement of wasted expenses.  

  1. The above provisions shall also apply to the same extent to the legal representatives, bodies, employees and vicarious agents of nunc.  
     

  1. Confidentiality; access data; data protection  

  1. The user is prohibited from using nunc's confidential information by means of reverse engineering. Reverse engineering refers to all actions, including observation, testing, examination, and dismantling, with the aim of obtaining confidential information. The application of mandatory copyright regulations remains unaffected. Confidential information of nunc. this includes in particular the software underlying the service offering in all code and expression forms as well as information about the structure and operation of the app and the IT architecture underlying the service offering and the IT security facilities at nunc.  

  1. The obligation of confidentiality does not apply to confidential information which was previously known to the respective recipient without an obligation of confidentiality, or which is or becomes generally known without the recipient being responsible for this, or which is lawfully communicated to the recipient by a third party without an obligation of confidentiality, or which can be proven to have been independently developed by the recipient.  

  1. The user is prohibited from disclosing his or her personal app access data to unauthorized third parties. All access data must be stored securely so that third parties cannot access it. The user will nunc. immediately if there is any suspicion that unauthorized third parties may have gained access to the access data. If there is any suspicion that unauthorized third parties have gained access to the access data, nunc. entitled to temporarily block the user’s access to the service.  

  1. nunc. processed the user's personal data in accordance with the provisions of applicable data protection law. For further information, please refer to the privacy policy.  

  1. Information on dispute resolution  

  1. The European Commission provides a platform for online dispute resolution (so-called ODR platform), which you can find under the link to the European Commission platform.  

  1. nunc. is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.  
     

  1. Termination  

  1. The contractual relationship regarding the use of the service is for an indefinite period. Both nunc. and the user are entitled to terminate the contract at any time in accordance with these Terms of Use. Termination by the user occurs by deleting their user account.  

  1. The right to terminate for good cause remains unaffected.  

  1. Final provisions​  

  1. An assignment or transfer of contractual rights and obligations by the user to third parties – including affiliated companies of the user – requires the prior written consent of nunc. Section 354a of the German Commercial Code (HGB) remains unaffected.  

  1. The law of the Federal Republic of Germany shall apply, excluding the conflict of law rules of international private law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).  

  1. If the user acts as a consumer, the above choice of law shall apply only to the extent that it does not deprive the user of the protection afforded by mandatory provisions of the law of the country in which the user has his or her habitual residence.  

  1. If the user is a merchant, a legal entity under public law or a special fund under public law , the registered office of nunc is the exclusive place of jurisdiction for all disputes arising in connection with the Disputes arising from the contract. This also applies if the user does not have a general place of jurisdiction in Germany. However, nunc. is also entitled to sue at the user's registered office or at any other permissible place of jurisdiction.

  1. Should individual provisions of the contract be or become invalid or unenforceable, or should the contract contain a gap, this shall not affect the validity of the remaining provisions.  

  1. nunc. is entitled to change or supplement these terms of use at any time with future effect if this is necessary due to legal changes or due to functional or technical developments of the app or the service offering.  

  1. nunc. will notify the user by means of a durable medium (e.g., by letter or email) at least six weeks before the change or amendment comes into effect. If the user does not object to the change or amendment within 30 days of this notification, this shall be deemed as the user 's consent to the change or amendment ("presumption of consent"). nunc. will expressly inform the user of this presumption of consent in the notification. The presumption of consent does not apply to a change or amendment that affects a material contractual obligation if this would lead to an unfavorable imbalance between the respective contractual obligations of the contracting parties to the detriment of the user. In the event of an objection, the user agreement shall continue under the previous terms and conditions.  

  1. If translations of these Terms of Use are made, the German version shall prevail.

Here you can download these terms of use in PDF format to save them permanently and print them out if necessary.  

Status: April 2025

 


Appendix 1 : Description of the service offering

  1. Preamble  

nunc. provides the user with the services described below. The nunc. app enables the initial configuration of the nunc. portafilter machine as well as the activation of the Wi-Fi connection and the extended cloud-based operating services described below via a Bluetooth connection between the nunc. portafilter machine and the user's device. The use of the services described below is This is possible after activating the Wi-Fi connection of the nunc portafilter machine. The nunc portafilter machine can also be used in "offline mode" In this case, it can be used exclusively locally, without access to the cloud-based advanced operating services (e.g., synchronized settings, advanced analytics, remote updates, display and analysis of sensor data, overview of coffee consumption, etc.).  

  1. Technical setup

The app and the service offering, including the underlying IT infrastructure, are hosted on servers in the European Economic Area. nunc. provides the user with the service during the contract term within the agreed availability via the provided mobile application for use on a compatible device. The service is based on cloud-based services for storing and processing technical data as well as sensor and usage data. Use of the service requires a connection between the nunc. app and the nunc. portafilter machine , as well as an internet connection for the nunc. portafilter machine. Offline use of the nunc. portafilter machine is only possible to a limited extent. In particular, the functionalities described below are not available during offline use.  

  1. Functionalities / Services  

  1. The user can use the functions and services described below within the scope granted by the terms of use.  

  1. The nunc. app, including advanced cloud-based operational services, enables comprehensive interaction with the machine as well as the management of user data, orders, payments, and system optimizations.  

  1. The user can place and manage orders. This includes selecting products and entering shipping information. Orders are processed via Shopify and linked to the corresponding payment methods. The app provides the user with access to the nunc. web shop and the opportunity to purchase goods from nunc. Payments are processed via Stripe, Apple Pay, and Google Pay, with the user having the choice of various payment options. For the purchase of goods via the nunc. web shop, the General Terms and Conditions provided in connection with the respective order in their currently valid version apply exclusively.  

  1. Payments for purchases in the nunc. webshop and in-app transactions are processed via Stripe, Apple Pay, and Google Pay. Users can choose between various payment methods and receive payment confirmation via the app.  

  1. The user can edit his user profile Manage your account through the app, including entering and changing personal information such as email address, address, and payment information. You can change your name and delete your user account.  

  1. If the user has consented on the device side, they can receive push notifications via the app, including alerts (e.g. water level, machine maintenance, usage updates).  

  1. The app allows users to view coffee bean consumption. This data includes the display of certain information about coffee consumption.  

  1. The Device Management Service allows users and administrators to manage basic device settings such as Wi-Fi setup, machine information, and a shot history can be displayed in the app.  

  1. Recipe configurations for the nunc. portafilter machine are synchronized with the machine via the cloud.  

  1. All usage data, machine performance data, and coffee preparation data are stored in a central database and used to generate reports. This data is used not only to analyze machine performance but also to optimize parameters such as grind size in relation to environmental factors and other relevant operating conditions. The user does not have access to the raw data.  

  1. Nunc may supplement the catalog of functionalities and services with additional (chargeable) functionalities and services. This does not create an obligation for the user to accept them.  

  1. If the service is provided free of charge, the user acknowledges that there is no legal entitlement to the provision of the functionalities described above, but nunc. will endeavor to ensure provision in this form wherever possible.  

  1. Technical support  

  1. In the event of malfunctions, technical support is available to the user during nunc.'s support hours (Monday - Friday 9:00 a.m. - 4:00 p.m. CET, excluding public holidays at nunc .'s headquarters). This support can be reached by telephone or email using the contact details provided on the nunc. website. The customer will report any malfunctions that occur immediately and describe them in sufficient detail so that they can be reproduced and understood by nunc. nunc. endeavors to respond to incoming support requests as quickly as possible. nunc. will resolve properly reported malfunctions within a reasonable period of time.  

  1. To the extent that the user is provided with free access, the user acknowledges that there is no legal entitlement to technical support, but nunc. will endeavor to ensure its provision.