Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Pedro Alejandro Alcaide Medina trading as popsyseat ("we", "us", "our").

These Terms govern your access to and use of the popsyseat restaurant reservation management platform, including the Management Dashboard, Staff Panel, Online Booking Widget, and any related services (collectively, the "Service").

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account you create to access the Service.
• "Authorised Users" means your employees, agents, or contractors who are authorised by you to use the Service.
• "Customer Data" means all data, including reservation data and diner information, that you or your diners input into the Service.
• "Subscription" means your paid access to the Service under these Terms.
• "Subscription Term" means the period for which you have subscribed to the Service.
• "Widget" means the booking interface that can be embedded on your website.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms on behalf of your business
• Operate a legitimate hospitality business (restaurant, café, bar, hotel, or similar establishment)
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations in your jurisdiction

We reserve the right to refuse service to anyone and to terminate accounts that do not meet these eligibility requirements.

4. Account Registration and Security

4.1 Registration

To access the Service, you must create an Account by providing accurate, current, and complete information. You agree to update this information promptly if it changes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials and Staff PIN
• All activities that occur under your Account
• Ensuring that Authorised Users comply with these Terms
• Notifying us immediately of any unauthorised access or security breach

We will not be liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Sharing

Your Account is for your business use only. You may not share, sell, transfer, or sublicense your Account or access credentials to any third party.

5. Service Description

5.1 The Service

popsyseat provides a cloud-based restaurant reservation management platform that includes:

• Management Dashboard: Analytics, reporting, and administrative tools
• Staff Panel: Table management and QR code verification for front-of-house staff
• Online Booking Widget: Embeddable reservation system for your website
• Email Notifications: Automated confirmation and reminder emails to diners

5.2 Service Availability

We aim to provide 99.5% uptime for the Service, excluding scheduled maintenance. We will endeavour to notify you in advance of any planned maintenance that may affect availability.

5.3 Modifications to the Service

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of any material changes that negatively affect your use of the Service.

6. Subscription, Fees, and Payment

6.1 Subscription Plans

The Service is offered on a subscription basis. Current pricing is available on our website. Our standard plan is £60 per month with no per-cover fees.

All fees are quoted as gross amounts. popsyseat is not currently registered for VAT, and therefore VAT is not charged on the subscription fee.

6.2 Free Trial

We offer a 14-day free trial. No credit card is required to start the trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

6.3 Payment Terms

• Subscription fees are billed monthly in advance
• Payment is due on the date specified in your invoice
• All fees are quoted in British Pounds (GBP) and are exclusive of VAT
• We accept payment by credit card, debit card, or direct debit

6.4 Late Payment

If payment is not received by the due date, we may:

• Suspend your access to the Service until payment is made
• Charge interest on overdue amounts at the rate of 4% above the Bank of England base rate
• Recover reasonable costs incurred in collecting the debt

6.5 Price Changes

We may change our prices at any time. We will give you at least 30 days' notice of any price increase, and the new prices will apply from your next billing cycle after the notice period.

6.6 Refunds

Subscription fees are generally non-refundable. However, if you cancel within 14 days of your first paid subscription and have not made substantial use of the Service, you may request a full refund.

7. Acceptable Use

7.1 Permitted Use

You may use the Service only for lawful purposes related to managing reservations and operations for your hospitality business.

7.2 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, modify, or create derivative works based on the Service
• Resell, sublicense, or provide the Service to third parties
• Use the Service to send spam or unsolicited communications
• Upload malicious code, viruses, or harmful data
• Collect or harvest data from the Service without authorisation
• Impersonate any person or entity

7.3 Consequences of Violation

Violation of these acceptable use terms may result in immediate suspension or termination of your Account without refund.

8. Customer Data and Privacy

8.1 Data Ownership

You retain all rights, title, and interest in your Customer Data. We do not claim any ownership over your data.

8.2 Data Processing

We process Customer Data only as necessary to provide the Service and as described in our Privacy Policy. With respect to personal data of your diners, we act as a data processor on your behalf, and you act as the data controller.

8.3 Your Responsibilities

You are responsible for:

• Obtaining any necessary consents from diners for data collection
• Providing appropriate privacy notices to your diners
• Complying with UK GDPR and other applicable data protection laws
• The accuracy and legality of the Customer Data you input

8.4 Data Processing Agreement

Where required by applicable data protection laws, we will enter into a Data Processing Agreement with you upon request.

8.5 Data Export

You may export your Customer Data at any time during your Subscription Term through the dashboard export features. Upon termination, we will provide you with a reasonable opportunity to export your data.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by popsyseat or our licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 Licence Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the Subscription Term.

9.3 Restrictions

You may not use our trademarks, logos, or branding without our prior written consent, except as necessary to identify that you use the popsyseat platform.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose.

10. Termination

10.1 Termination by You

You may cancel your Subscription at any time by providing notice through your Account settings or by contacting us. Your cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that date.

10.2 Termination by Us

We may suspend or terminate your access to the Service:

• Immediately, if you breach these Terms
• Immediately, if you fail to pay any fees when due
• With 30 days' notice, for any other reason

10.3 Effect of Termination

Upon termination:

• Your right to access the Service will cease immediately
• You remain liable for any outstanding fees
• We will retain your data for 30 days to allow export, after which it will be deleted
• Sections that by their nature should survive termination will remain in effect

11. Disclaimers and Warranties

11.1 Service Warranty

We warrant that we will provide the Service with reasonable care and skill. If the Service does not conform to this warranty, your sole remedy is for us to use reasonable efforts to correct the non-conformance.

11.2 Disclaimers

Except as expressly stated in these Terms:

• The Service is provided "as is" and "as available"
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• We do not warrant that the Service will meet your specific requirements
• We disclaim all implied warranties to the fullest extent permitted by law

11.3 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such third-party services.

12. Limitation of Liability

12.1 Exclusion of Liability

To the maximum extent permitted by applicable law, we shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, or anticipated savings
• Loss of data or data corruption (except as required by data protection law)
• Loss of goodwill or reputation
• Any losses arising from circumstances beyond our reasonable control

12.2 Liability Cap

Our total aggregate liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total fees you have paid to us in the 12 months immediately preceding the claim.

12.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

12.4 Allocation of Risk

You acknowledge that these limitations of liability are reasonable given the nature of the Service and the fees charged, and that you have the opportunity to obtain insurance to protect against potential losses.

13. Indemnification

You agree to indemnify, defend, and hold harmless popsyseat and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any applicable laws or regulations
• Your Customer Data or your use of the Service
• Any dispute between you and your diners

14. Governing Law and Disputes

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Informal Resolution

Before initiating any legal proceedings, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and popsyseat regarding the Service.

15.2 Amendments

We may amend these Terms at any time by posting the revised Terms on our website. Material changes will be notified to you at least 30 days in advance. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or successor entity.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control.

15.7 Notices

All notices to you will be sent to the email address associated with your Account. Notices to us should be sent to [email protected].

15.8 Third-Party Rights

These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

16. Contact Us

If you have any questions about these Terms, please contact us: