Terms of Service

1. Definitions

• Provider: HorecaGPT B.V., based at Molenveldlaan 146, 6523 RN Nijmegen, Netherlands, registered with the Dutch Chamber of Commerce under 97500275.
• Customer: the business (legal entity or natural person acting in profession or business) entering into an agreement with Provider.
• Service: the software-as-a-service "TableFlow", including sister modules HorecaGPT and TheNextReview when activated.
• Guest: the end user who places a reservation through Customer.

2. Applicability

These terms apply to all offers, agreements and deliveries between Provider and Customer. Deviations only apply if agreed in writing. Customer's purchasing terms are explicitly rejected.

3. Offer and agreement

The agreement comes into effect when Customer takes out a subscription via online registration or confirms a Provider offer in writing.

The minimum term is one month for monthly contracts and twelve months for annual contracts. Thereafter the subscription renews silently for the same period unless terminated per article 10.

4. Service and SLA

4.1 Availability

Provider aims for an uptime of 99.5% on monthly basis, measured across all production services. Planned maintenance windows are announced 24 hours in advance and where possible scheduled outside office hours (Dutch time).

4.2 Support

Support is available via hello@horecagpt.com on business days 09:00 to 18:00 (Dutch time). Response time for regular questions: within one business day. For critical outages: as soon as possible, typically within one hour during office hours.

4.3 Updates

Provider continuously develops the service and may add, change or remove functionality. Material removal of existing functionality is announced 30 days in advance.

5. Pricing and payment

5.1 Pricing

Current pricing is listed at table-flow.app/en/#pricing. Prices are in euros, excluding VAT, unless stated otherwise. Provider charges no commission per reservation or per cover.

5.2 Price changes

Provider may adjust prices annually. Price changes are communicated in writing 30 days in advance. Customer has the right to terminate within 14 days against the new pricing's effective date.

5.3 Payment

Invoices are charged monthly or annually in advance via SEPA direct debit (Mollie). Payment term: 14 days from invoice date. On late payment, Customer is in default by operation of law and statutory commercial interest is due, plus reasonable collection costs.

5.4 Suspension

On payment delay exceeding 14 days, Provider may suspend access. Reactivation occurs within 24 hours of full payment.

6. Data ownership

Customer owns all data processed via the service, including reservations, guest profiles and marketing lists. Provider acts as processor per GDPR article 28. A processing agreement forms an integral part of these terms.

Customer has the right at any time to request a complete data export in a usual format (CSV / SQL dump), at no additional cost.

7. Intellectual property

All intellectual property rights to the service, including source code, design, documentation and trademarks, rest with Provider. Customer obtains only a non-exclusive, non-transferable usage right for the duration of the agreement.

8. Liability

Provider's total liability on any ground is limited to the amount Customer paid to Provider in the twelve months preceding the damaging event, with an absolute maximum of € 25,000.

Provider is not liable for indirect damage, consequential damage, lost profits or revenue, missed savings, business stoppage damage, or reputation damage.

The limitations in this article do not apply in case of intent or wilful recklessness by Provider or its directors.

9. Force majeure

In case of force majeure, including internet outage, power failure, cyber attack, pandemic, or sub-processor disruption, Provider is not obligated to perform. Customer is not entitled to compensation or discount in such case.

10. Termination

10.1 Termination by Customer

Customer can terminate against the end of the running contract period with one calendar month notice for monthly contracts and three months for annual contracts.

10.2 Termination by Provider

Provider can terminate with three months notice, or dissolve immediately for serious breach, bankruptcy or service abuse.

10.3 Effects

After termination the account is set to suspended, not permanently deleted. Customer can reactivate within 12 months at no cost. Customer has 30 days after termination to request a data export. After that, data is only deleted on explicit Customer request and subject to legal retention.

11. Disputes and applicable law

All agreements between Provider and Customer are exclusively governed by Dutch law.

Disputes are exclusively submitted to the District Court of Gelderland, Nijmegen, unless mandatory law designates a different court.

Parties commit, before bringing any dispute, to first attempt amicable resolution.