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WaiterAid

Terms and Conditions for WaiterAid

These terms and conditions apply between BokaBord Nordic AB, reg. no. 556777-6918, Styckjunkargatan 1, 114 35 Stockholm, Sweden (”BokaBord”), and the restaurant or other business that registers for or uses WaiterAid (”the Customer”).

WaiterAid is a digital subscription service for restaurants for managing online bookings, table planning, guest communication and related features (”the Service”).

By registering an account, starting a trial, activating a subscription or using the Service, the Customer accepts these terms.

These terms, together with the selected price plan, any add-on services and, where required, a data processing agreement, constitute the agreement between BokaBord and the Customer.

The Customer is responsible for ensuring that the person accepting these terms is authorised to enter into agreements on the Customer's behalf.

BokaBord provides WaiterAid as a cloud-based service.

BokaBord may continuously update, develop and improve the Service. Such changes may be made as long as the main functionality of the Service is not materially degraded without objective reason.

Certain features may depend on third parties, for example payment providers, SMS services, email providers or integrations. BokaBord is not liable for errors or interruptions caused by such external services.

The Customer pays fees according to the price plan and options applicable at any given time. Prices are stated excluding VAT unless otherwise indicated.

Subscriptions are paid monthly in arrears or annually in advance, according to the selected plan. Variable fees, such as SMS, transaction fees or other usage-based costs, may be charged on an ongoing basis or in arrears.

The Customer is responsible for ensuring that payment details, billing information and contact details are always correct.

In the event of late payment, BokaBord is entitled to charge default interest and statutory fees and to temporarily suspend the Service until payment has been received in full.

The subscription runs until further notice and renews automatically until terminated in accordance with these terms.

The Customer may terminate the subscription at any time.

A notice period of one (1) calendar month applies. The subscription ends at the end of the calendar month following the month in which the notice was received.

Termination does not release the Customer from payment obligations for a subscription period already started, accrued fees, or fees arising during the notice period.

Any specific commercial terms, campaigns or add-on services are set out in the order, quote or selected price plan.

The Customer is responsible for its own business, booking rules, opening hours, offers, cancellation terms, no-show fees, deposits, prepayments and other terms towards guests.

The Customer is therefore responsible for all settings, configurations and choices made in the Service by the Customer or by users under the Customer's account.

The Customer is also responsible for ensuring that all information entered into the Service is correct, current and lawful.

The Customer is responsible for all users given access to the Service under the Customer's account and must ensure that login credentials are handled securely.

The Customer may not use the Service in breach of law, good business practice or these terms.

If the Service is used for credit card guarantees, deposits, prepayments or other payment features, the Customer is responsible for ensuring that such arrangements are correctly configured and legally permitted.

If payments are handled through an external payment service or under the Customer's own acquiring agreement, BokaBord is only responsible for the technical availability of the feature, not for the payment transaction itself, payouts, chargebacks or similar claims.

BokaBord is not a party to the agreement between the Customer and the guest.

BokaBord strives for high availability and stable operation but does not guarantee that the Service is always free from errors, interruptions or delays.

BokaBord is entitled to carry out planned maintenance, updates and technical changes.

Support is provided to the extent included in the Customer's subscription or otherwise specifically agreed.

BokaBord may process and store the Customer's data to the extent required to provide the Service, deliver support, maintain security and fulfil its obligations under the agreement and applicable law.

BokaBord may perform backups as part of normal operations but does not guarantee that all data can always be restored without loss in every situation.

The Customer is responsible for exporting and saving separately any information the Customer wishes to retain.

The Customer is normally the data controller for the personal data processed in the Service within the scope of the Customer's business, while BokaBord is normally the data processor on the Customer's behalf. The Swedish Authority for Privacy Protection (IMY) describes a data processor as the party that processes personal data on behalf of the data controller.

The parties' processing of personal data shall be governed by a separate data processing agreement or annex. Under Article 28(3) GDPR, such an agreement must state, among other things, the subject matter, duration, nature and purpose of the processing, the types of personal data, the categories of data subjects, and the rights and obligations of the data controller.

Where BokaBord processes personal data for its own purposes, for example for invoicing, customer administration, security or legal obligations, BokaBord is the data controller for such processing.

All rights to the Service, including software, design, trademarks, documentation and technical solutions, belong to BokaBord or its licensors.

The Customer receives a limited, non-exclusive and non-transferable right to use the Service in its own business during the term of the agreement.

The Customer retains the rights to its own data.

The parties undertake not to disclose confidential information about the other party without that party's approval, except where required by law, official decision or in order to perform the agreement.

BokaBord is not liable for indirect damage, consequential loss, loss of profit, loss of revenue, loss of goodwill, loss of data or third-party claims.

BokaBord's total liability during any twelve-month period is limited to an amount corresponding to the fees paid by the Customer for the Service during the same period, unless the damage was caused by intent or gross negligence.

BokaBord is not liable for loss or damage caused by the Customer's use of the Service, incorrect settings or operator error, third-party services, interruptions in internet, networks or external systems, or the Customer's failure to comply with law or regulatory requirements.

BokaBord is entitled to immediately suspend the Customer's access to the Service if the Customer fails to pay on time, uses the Service in breach of these terms or the law, or causes a security risk or disruption to the Service.

Either party may terminate the agreement with immediate effect in the event of a material breach that is not remedied within a reasonable time after written notice.

When the agreement ends, the Customer's right to use the Service also ends.

BokaBord is entitled to change these terms, the content of the Service and prices.

Material changes will be communicated within a reasonable time before they take effect. If the Customer does not accept such a change, the Customer has the right to terminate the agreement before it takes effect.

These terms shall be interpreted and applied in accordance with Swedish law.

Disputes arising from these terms shall be settled by Swedish general courts, with Stockholm District Court as the court of first instance.

BokaBord Nordic AB, reg. no. 556777-6918, Styckjunkargatan 1, 114 35 Stockholm, Sweden. You can reach us at info@bokabord.se.