Allgemeine Geschäftsbedingungen

Reservation Diary by CATz Soft LTD

General

This website and software service (the “Site” and “Service”) is owned and operated by CATz Soft LTD (“COMPANY,” “we” or “us”). The Service includes the Reservation Diary restaurant reservation management system and all related features, plugins, and integrations. By using the Site or Service, you agree to be bound by these Terms of Service and to use the Site and Service in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site or Service, in any manner, whether automated or otherwise, constitutes use of the Site and Service and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site and Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site or Service after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You

This Site, Service, and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site and Service are provided solely for your business use in managing restaurant reservations. You may not use the Site, Service, or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or Service.

Your License to Us

By posting or submitting any material (including, without limitation, comments, feedback, restaurant data, reservation information, and customer data) to us via the Site, Service, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose related to improving and operating the Service.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND SERVICE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR SERVICE, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce and Subscriptions

Certain sections of the Site may allow you to purchase subscriptions, licenses, and services online. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate business purposes only.

Your purchase is for your business use only. Sharing of purchased licenses or subscriptions is not permitted unless explicitly authorized in your subscription plan and may subject violators to liability and account termination.

If payment for a subscription is declined, our system will automatically disable access to premium features. We will make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we will restore access.

Service Usage and Acceptable Use

The Reservation Diary Service is designed for restaurant reservation management. It is a condition of your use of the Service that you do not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Service, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Service.
• Use the Service to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means.
• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind.
• Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Service to collect customer data for purposes other than reservation management without appropriate consent.

Registration and Account Security

To access certain features of the Service, you will be required to register and provide certain information including your business name, email address, and other relevant details. You agree to provide true, accurate, current and complete information about yourself and your business as prompted by the registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.

To use certain features of the Service, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Data Protection and Privacy

The restaurant collects guest data (including name, contact information, and reservation details) when a guest books through the Service. The restaurant is the Data Controller for that guest data. We act as Data Processor: we process guest data on the restaurant’s behalf to run reservations (for example through our reservation API, dashboard, or other Service channels). We store the copy we process for six months. A copy may also remain on the restaurant’s own systems for as long as the restaurant keeps it.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) where applicable. You must maintain appropriate privacy policies and obtain necessary consents from your customers for the collection and use of their personal data.

Our use of any personally identifiable information you provide to us as part of the registration process, and of guest data we process on your behalf, is governed by our Privacy Policy.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO LOST RESERVATIONS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.

Termination

We may cancel or terminate your right to use the Site or Service or any part thereof at any time without notice for violation of these Terms of Service. In the event of cancellation or termination, you are no longer authorized to access the part of the Site or Service affected by such cancellation or termination. You may also terminate your account at any time by contacting us. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive termination.

Refund Policy

Your purchase of a product, service, or subscription may or may not provide for any refund. Each specific product, service, or subscription plan will specify its own refund policy at the time of purchase.

DMCA and Copyright

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at: info@reservationdiary.eu

Governing Law

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY.

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Estonia. Any dispute arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Estonia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Changes to These Terms

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website and notify registered users via email where practicable.

Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at:

CATz Soft LTD
Email: info@reservationdiary.eu
Website: https://reservationdiary.eu