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 £65 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 Method and Terms

Subscription fees are billed monthly in advance. Payment is made exclusively via secure external payment links (e.g., Starling Bank). popsyseat does not store, see, or process your credit card or bank details directly.

• Payment is due immediately upon receipt of the payment link.
• All fees are quoted in British Pounds (GBP). popsyseat is not currently registered for VAT, so VAT is not charged.
• You are responsible for ensuring payment is completed via the provided link to avoid service interruption.

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 Minimisation and Ownership

The Service is strictly designed to process minimal personal data: name and email address only. You retain all rights and ownership of your Customer Data.

8.2 Roles and Data Processing

With respect to your diners' data (name and email), you act as the Data Controller and popsyseat acts as the Data Processor. You agree NOT to input, collect, or store any sensitive personal data (e.g., health, religious, or financial information) through the Service.

8.3 Your Legal Responsibilities

As the Data Controller, you are solely responsible for:

• Ensuring you have a lawful basis to collect and process the diner's name and email.
• Providing the necessary privacy notices to your diners.
• Complying with UK GDPR and managing any data deletion requests from your diners.

8.4 Data Export

You may export your data (names and emails) at any time during your active Subscription Term through the dashboard export features.

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

11.1 Service Standard

We provide the Service with reasonable care and skill. However, we do not guarantee that the Service will be 100% error-free or available at all times.

11.3 No Refunds for Downtime

While we aim for high availability, no refunds or credits will be provided for temporary service interruptions, maintenance downtime, or "bugs". Your sole remedy for significant service failure is to terminate your subscription.

12. Limitation of Liability

12.1 Total Exclusion of Certain Damages

To the maximum extent permitted by law, popsyseat (Pedro Alejandro Alcaide Medina) shall not be liable for any:

• Loss of profits, loss of business, or loss of revenue (e.g., if a booking is missed due to a system error).
• Loss of anticipated savings or loss of reputation.
• Indirect, incidental, or consequential financial losses.

12.2 Liability Cap

Our total aggregate liability for any claim arising out of this agreement shall be limited to the lesser of:

• The total fees paid by you to us in the 6 months immediately preceding the event giving rise to the claim; or
• The sum of £360.

12.3 Legal Exceptions

Nothing in these Terms limits liability for death, personal injury caused by negligence, or fraud, as required by English law.

13. Indemnification

You agree to indemnify, defend, and hold harmless popsyseat (Pedro Alejandro Alcaide Medina) from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with:

• Diner Disputes: Any dispute, claim, or litigation arising between you and your diners (e.g., missed bookings, service quality, or disputes over table availability).
• Data Misuse: Your failure to comply with UK GDPR or any misuse of the names and emails collected through the Service.
• Breach of Terms: Your breach of these Terms or your violation of any third-party right.

In short: If a diner sues us because of something that happened in your restaurant or through your use of the platform, you will cover our legal costs and any damages awarded.

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:

Note: popsyseat is a trading name of Pedro Alejandro Alcaide Medina.