Terms of Service – Plattio

1. Purpose and acceptance

These Terms of Service (the "Terms") govern the contracting and use of the Plattio platform (the "Service"): the software as a service (SaaS) for managing reservations and operations in the restaurant industry, with the modules and features described on the website and in the contracted plan. By creating an account, subscribing to a plan, or using the Service, the customer (the "Customer") accepts these Terms. Use of the informational website is governed by the Legal Notice.

2. Service for businesses only

The Service is directed exclusively at businesses and professionals in the restaurant industry (restaurants, cafés, bars, and similar businesses) and is not available to consumers. By accepting these Terms, the Customer declares that it acts in the course of its business or professional activity, and not as a consumer, and that the person accepting them has sufficient authority to bind the Customer. Plattio may reject or cancel registrations that do not correspond to a business or professional activity. Accordingly, consumer protection rules do not apply to the relationship between Plattio and the Customer.

3. Account and access

To use the Service, an account must be created with truthful, complete, and up-to-date information. The Customer is responsible for safeguarding its credentials, managing its staff's access, and all activity carried out through its accounts, and must promptly report any unauthorized use to [email protected].

4. Plans, prices, and payment

• The Service is provided according to the contracted plan, with the features, limits, and prices in force at the time of contracting.
• Fees are billed in advance according to the plan cycle (for example, monthly or annually) and renew automatically unless cancelled before the end of the current cycle.
• Payments are processed through providers such as Stripe or PayPal. Prices do not include applicable taxes, which shall be borne by the Customer; where applicable, the Customer shall self-assess VAT under the reverse charge mechanism.
• Plattio may update prices by giving at least 30 days' notice; the new price will apply from the next renewal. If the Customer does not agree, it may cancel before the change takes effect.
• Non-payment entitles Plattio to suspend access to the Service, upon notice, until it is remedied; if it persists, Plattio may terminate the agreement.
• Unless mandatory law provides otherwise, amounts paid are non-refundable for partial periods, except in the pro-rata refund cases provided for in Sections 14 and 15 (termination for convenience decided by Plattio, termination for Plattio's breach, or rejection of a substantial change).
• If a free trial period is offered, access may be limited or discontinued at the end of that period if no plan is contracted.

5. Acceptable use

The Customer undertakes to use the Service lawfully and in accordance with these Terms. In particular, it agrees not to:

• Resell, sublicense, or assign the Service to third parties.
• Reverse engineer, decompile, or attempt to extract the source code, except as permitted by mandatory law.
• Introduce malware, breach security, or access other parties' accounts or systems.
• Overload the platform or extract data through automated means outside the API and export features included in the plan, the use of which in accordance with their documentation is permitted.
• Use the Service to send communications without a legal basis or the necessary consents (spam) or for unlawful activities.

The Customer is responsible for the content it enters into the Service (menus, prices, images, texts) and for ensuring it does not infringe third-party rights.

6. Personal data

When the Customer processes its diners' data through the Service (reservations, CRM, campaigns), the Customer is the Controller and Plattio acts as the Processor, in accordance with the Data Processing Agreement (DPA), which forms an integral part of these Terms, is accepted together with them, and incorporates the European Commission's Standard Contractual Clauses for international transfers. The Customer warrants that it has a legal basis and the necessary consents for the data it enters and the communications it sends. For data for which Plattio is the Controller (for example, billing and its own analytics), the Privacy Policy.

7. Artificial intelligence features

The Service includes artificial intelligence analysis features that review the Customer's data and return conclusions and suggestions. These results are for guidance only: they do not constitute professional advice, they may contain inaccuracies, and business decisions always remain the Customer's responsibility. The AI providers involved as sub-processors are listed in the Privacy Policy.

8. Intellectual property

The platform, its software, design, trademarks, and other elements are owned by Plattio LLC or its licensors. Contracting does not transfer to the Customer any rights over them beyond the right to use the Service for the duration of the agreement. The data and content the Customer enters remain the Customer's; the Customer grants Plattio the limited license strictly necessary to host and process them in order to provide the Service. The Customer's suggestions or feedback about the product may be used to improve it without obligation or compensation.

9. Availability, support, third-party services, and changes to the Service

Plattio strives to keep the Service continuously available and carries out maintenance seeking to minimize impact, giving notice when it is scheduled and significant. Support is provided through the channels published on the website. The Service evolves: Plattio may add, modify, or remove features provided the essential functionality of the contracted plan is not substantially reduced. Features marked as beta or experimental are offered "as is" and may change or be withdrawn at any time.

The Service integrates third-party services (for example, messaging platforms such as WhatsApp, payment gateways, or hosting services) whose availability and terms do not depend on Plattio. Interruptions, limitations, or changes in the terms of such third parties do not constitute a breach by Plattio. If a third party's change renders a feature unviable, Plattio will endeavor to offer a reasonable alternative or may withdraw the feature in accordance with this section.

10. Confidentiality

Each party undertakes not to disclose the other party's non-public information to which it gains access in connection with the agreement (commercial terms, technical, commercial, or business information) and to use it solely to perform the agreement, except where required by law or with prior written authorization. This obligation survives for 3 years following termination of the agreement; personal data is governed by the DPA and applicable law, without time limit.

11. Warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranty of uninterrupted or error-free operation or of achieving specific business results.

12. Limitation of liability

To the maximum extent permitted by applicable law: (a) neither party shall be liable for indirect damages, loss of profits, loss of business, reputation, or anticipated savings; and (b) Plattio's total aggregate liability arising from the Service is limited to the amount paid by the Customer in the 12 months preceding the event giving rise to the claim.

The foregoing limitations do not apply to: (i) the Customer's payment obligations; (ii) the indemnity provided for in Section 13; or (iii) breaches of Section 10 (Confidentiality). In the event of data loss, Plattio's obligation shall be to restore the data from the last available backup. Nothing in the foregoing excludes or limits any liability that cannot be excluded or limited under applicable law, including liability arising from willful misconduct or gross negligence.

13. Indemnification

The Customer shall indemnify and hold Plattio harmless from third-party claims (including those of its diners and penalties imposed by authorities) arising from: (a) the content the Customer enters into the Service; (b) communications sent without a legal basis or the necessary consents; or (c) use of the Service contrary to the law or these Terms; including reasonable defense costs. Plattio shall notify the Customer of the claim without delay and shall allow the Customer to direct the defense, providing reasonable cooperation.

In turn, Plattio shall defend and indemnify the Customer against third-party claims alleging that the Service, used in accordance with these Terms, infringes their intellectual property rights. In such a case, Plattio may, at its option, modify the Service, obtain the necessary license, or terminate the agreement, refunding the pro-rata portion of the paid period not used.

14. Term, suspension, and termination

The agreement remains in force while there is an active plan. The Customer may cancel at any time with effect at the end of the current cycle. Plattio may terminate the agreement for convenience by giving at least 60 days' notice, refunding the pro-rata portion of the paid period not used.

Plattio may suspend access, in its reasonable judgment, immediately in the event of security risks or unlawful use, or for non-payment upon notice, restoring it once the cause ceases. Either party may terminate the agreement if the other commits a material breach and fails to remedy it within 15 days of being required to do so; if the Customer terminates for Plattio's material breach, Plattio shall refund the pro-rata portion of the paid period not used.

Upon termination, the Customer has 30 days to request the export of its data in a commonly used, machine-readable format; thereafter, it will be deleted in accordance with the periods set out in the Privacy Policy.

15. Changes to these Terms

Plattio may update these Terms. Changes affecting prices, liability limits, the essential functionality of the contracted plan, governing law and jurisdiction, or the processing of personal data shall in any event be considered substantial. Substantial changes will be notified at least 30 days in advance by email or through a notice on the platform; if the Customer does not agree, it may terminate the agreement before they take effect, with a pro-rata refund of the paid period not used. Other changes will be effective upon publication, indicating the date of the last update. Use of the Service after the changes come into force implies acceptance.

16. Force majeure

Neither party shall be liable for non-performance caused by circumstances beyond its reasonable control (disasters, widespread network or supplier failures, labor disputes, acts of authorities), and the affected obligations shall be suspended for as long as the cause persists.

17. General provisions

• The Customer may not assign the agreement without Plattio's consent. Plattio may assign it to an entity within its group or in the event of a merger or acquisition, notifying the Customer.
• These Terms, together with the contracted plan, the DPA, and the referenced policies, constitute the entire agreement between the parties.
• If any clause is declared invalid, the remainder shall remain in force.
• Failure to exercise a right does not imply a waiver of it.
• Notices shall be given by email: to the Customer's account address and, in Plattio's case, to [email protected].
• Sections that by their nature should survive (in particular, Sections 8, 10, 12, 13, 17, and 18) shall survive termination of the agreement.
• Plattio may identify the Customer as a customer (name and logo) in its marketing materials, unless the Customer objects by writing to [email protected].
• These Terms are published in several languages; in the event of any discrepancy between versions, the English version shall prevail.

18. Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without prejudice to any applicable mandatory rules. Unless mandatory law provides otherwise, any disputes arising from the Service shall be submitted to the competent courts of the State of Delaware; however, Plattio may also bring claims before the courts of the Customer's domicile, in particular for the collection of amounts due.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE.

19. Contact