These Terms and Conditions govern the use of the „Pelican“ app and its associated services, provided by Kevin Baur, BSc, Hochstraß 542, 3033 Klausen-Leopoldsdorf, Austria (hereinafter the „Provider“). The contracting party is the business that uses or activates Pelican (hereinafter the „Customer“).
Pelican is intended exclusively for entrepreneurs and businesses within the meaning of § 1 KSchG and § 14 BGB who enter into the contract in the course of their commercial or self-employed professional activity (catering businesses, hotels, commercial kitchens and the like). No contract is intended to be concluded with consumers. Consumer protection provisions – in particular a statutory right of withdrawal – therefore do not apply (see Section 10).
Pelican is an app for collaborative order planning for kitchen teams. Its features include in particular: shared order lists, input by text or voice with AI-assisted recognition, categorization, management of suppliers/representatives, order history with optional price tracking, export and sharing functions, and push notifications. The Provider continuously develops the app further; the specific scope of features may change.
Use requires the creation of a business and personal user accounts. The Customer designates responsible persons (e.g. the head chef) who add further members by invitation and assign roles. The Customer is responsible for the confidentiality of access credentials and for actions carried out by its users.
New businesses can try Pelican free of charge for 30 days. The full range of features is available during the trial period. The paid contract is concluded as soon as the Customer (or a person authorized by the Customer, e.g. the business owner) takes out a paid plan via the payment link provided.
Depending on the selected plan, the subscription runs monthly or annually and renews automatically for the selected period unless cancelled beforehand. Cancellation can be made at any time via the Merchant of Record's customer portal and takes effect at the end of the period already paid for. Fees already paid for the current period are not refunded on a pro-rata basis, unless mandatorily required otherwise.
The full range of features is available as long as active access exists (an active subscription or an ongoing trial period). If the paid period ends without renewal, the business is placed in a restricted read-only mode: existing data remains viewable, but new entries or changes are no longer possible. Reactivation restores full access.
The Customer undertakes not to use Pelican improperly, not to process unlawful content, and not to impair the security of the services. The Customer ensures that use by its members complies with these Terms and Conditions and applicable law.
Since contracts are concluded exclusively with businesses (Section 2), there is no statutory consumer right of withdrawal. Should consumer law nevertheless be applicable in an individual case, the mandatory statutory provisions take precedence.
The Provider strives for high availability but does not owe any specific level of availability (no guaranteed service level). Maintenance work, disruptions at third-party providers (e.g. hosting, AI service, payment service provider) or force majeure may temporarily limit operation.
The AI-assisted recognition of speech and items is automated and may be inaccurate; responsibility for the correctness and approval of the order remains with the Customer. Otherwise, in business transactions the Provider is liable only for intent and gross negligence. In the case of slight negligence, the Provider is liable only for the breach of material contractual obligations and limited to the foreseeable damage typical for this type of contract. Liability for lost profits, consequential damages and data loss is excluded – to the extent permitted by law. Mandatory statutory liability (e.g. under product liability law, personal injury) remains unaffected.
For the duration of the contract, the Provider grants the Customer a simple, non-transferable right to use the app to the agreed extent. All rights to the software, trademarks and content of the Provider remain with the Provider. The content entered by the Customer (e.g. order lists) remains with the Customer.
Information on the processing of personal data is provided in the Privacy Policy. Insofar as the Provider processes personal data on behalf of the Customer, a data processing agreement (DPA) will be concluded upon request.
The Provider may change these Terms and Conditions and prices with effect for the future. Changes will be communicated to the Customer within a reasonable period. If the Customer does not object, or continues to use the services after the changes take effect, the changes are deemed accepted; otherwise, the Customer has a right to cancel as of the effective date.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – to the extent permitted – the court with subject-matter jurisdiction for the Provider's registered office.
Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.
As of: June 2026
Pelican