Terms & Conditions

This document is currently only available in English. Please write us at hi@resos.com if there is anything you do not understand or need translated to your native language.

This is the Terms and Conditions for the use of Resos, available at resos.com, app.resos.com and the Resos native mobile apps for iOS and Android.

In this document “Resos”, “we”, “us” and “our” mean Resos ApS, Copenhagen, Denmark, company registration number (CVR): DK39377187, together with our website domains and apps. Users and customers of Resos are referred to as the “client”, “customer”, “restaurant” or “user”. Resos is a business-to-business service: these terms are entered into with a business, not a consumer.

These terms apply to the use of, and all agreements we enter into through, any of our systems, websites and apps. In addition to these terms, the following also apply:

• Our Privacy Policy for all users, regarding information collected during visits to and use of our systems, websites and apps.
• Our Data Processing Agreement for restaurants, regarding the processing of personal data.

Product information

Resos offers restaurants Software as a Service that allows restaurant owners and staff to run and optimize parts of their business, such as receiving and managing bookings, communicating with guests, and offering takeaway ordering online. For information or questions about our products, email us at hi@resos.com.

Rights and license

All rights to the Resos system, including all intellectual property, belong to Resos. On signing up, the customer obtains a non-exclusive, non-transferable right to use the system, which Resos may revoke at any time without notice.

Any information about a restaurant already present in Resos before sign-up is compiled from publicly available data sources.

Customer data ownership

As between the parties, the customer owns all data the customer or its guests submit to Resos (“Customer Data”). The customer grants Resos a limited license to host, process and transmit Customer Data solely to provide and support the service, and as described in the Privacy Policy and Data Processing Agreement.

On termination, the customer may export its Customer Data for a period of 90 days. After that period, Resos may delete Customer Data in the ordinary course, subject to any retention required by law and to the Data Processing Agreement.

Pricing

Resos offers free and paid plans. All prices are the current prices valid on the day of ordering. The customer is billed at the price valid on the order date if Resos accepts the order. All prices shown are exclusive of VAT, which is charged based on local regulations.

If the customer purchases a subscription, Resos automatically invoices and charges the customer’s payment card monthly or yearly, depending on the billing period, until the subscription is canceled and any outstanding amounts have been paid.

Subscription plans are upgraded automatically when one or more limits of the current plan are reached. Upgrades are priced as defined on the Resos pricing page at the time of the upgrade, charged at the end of the current billing period. Subscriptions are not automatically downgraded.

Price changes and auto-renewal

Subscriptions renew automatically at the end of each billing period. Resos may change subscription prices. For an existing paid subscription, Resos will give the customer at least 30 days’ notice before a price change takes effect, sent to the account email or shown in the product. If the customer does not agree to the new price, the customer may cancel before the change takes effect, as described in “Term and termination”. Continued use after the change takes effect constitutes acceptance of the new price.

Ordering and formation of agreement

Presentation of products with a price on Resos is an invitation to make an offer, not a binding offer. Ordering through Resos constitutes a binding offer to Resos. A binding agreement is concluded only when Resos accepts the offer by order confirmation, or when Resos issues an invoice for the transaction.

Payment

All purchases are paid by credit or debit card, or in some cases by bank transfer. Card data is transmitted encrypted to our payment provider; Resos does not store full card details.

Resos is a subscription service. We charge the subscription at the start of each billing period (payment in advance) until the customer cancels. Receipts are available inside the Resos system.

Additional usage-based costs, such as SMS notifications, are calculated on an ongoing basis and charged once a month, or when accrued additional costs reach a predetermined limit (typically $100, and potentially lower where no payment has yet succeeded).

If a charge cannot be collected from the customer’s card, the customer will be notified and asked to register a new payment method. Resos may suspend the service for non-payment as described below.

Suspension and abuse

Resos seeks to prevent abuse of its services but cannot guarantee that abuse or intrusion of its IT systems will never occur.

The customer must immediately inform Resos if the customer suspects or becomes aware of misuse of information, misuse of Resos services, or actual or attempted intrusion into the IT systems the customer uses.

Resos may, without notice, deny the customer use of the system or block access where Resos reasonably determines that the customer is misusing the payment system, violating security regulations or guidelines issued by Resos or our system providers, or where there is misconduct from a domain belonging to the customer. Resos disclaims liability where the customer has not complied with applicable safety regulations and guidelines.

Term and termination

The customer may terminate at the end of the current billing period (typically one month or one year), either through the cancellation option in the Resos product or by contacting Resos at hi@resos.com. Resos may terminate any subscription at the end of a billing period.

On termination, any subscription fees or additional costs owed are charged at cancellation or at the end of the current billing period. Sections that by their nature should survive termination (including Rights and license, Customer data ownership, Warranty disclaimer, Limitation of liability, Indemnification, and Governing law) survive.

Service availability and modifications

Resos aims to keep the service available but does not guarantee uninterrupted or error-free operation. Resos may modify, add, or discontinue features from time to time. If Resos discontinues a material part of the service that the customer is actively using, Resos will give reasonable advance notice where practicable.

Warranty disclaimer

The service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. Resos does not warrant that the service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Resos has made it easy to reach relevant information through links to our website, blog, and other websites or apps. Information not on our domains or apps is beyond our control, and Resos is not responsible for the content of third-party information.

Limitation of liability

To the maximum extent permitted by law, Resos is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or related to the use of, or inability to use, the service.

To the maximum extent permitted by law, Resos’s total aggregate liability arising out of or related to these terms or the service will not exceed the total fees paid by the customer to Resos in the 12 months immediately preceding the event giving rise to the claim.

Indemnification

The customer will indemnify and hold Resos harmless from third-party claims, damages, and reasonable costs (including reasonable legal fees) arising from the customer’s use of the service in breach of these terms, the customer’s content or data, or the customer’s violation of law or third-party rights.

Sub-processors

Resos uses third-party sub-processors to provide the service, including for payment processing, messaging or SMS, and hosting. The current list of sub-processors and their roles is maintained in, and governed by, the Data Processing Agreement.

Data portability

In line with the EU Data Act, the customer may retrieve and port its Customer Data, and switch away from the service, using the export functionality described in “Customer data ownership”. Resos will not impose unfair contractual terms that prevent the customer from exercising these rights.

Right of cancellation

This is a business-to-business agreement. The subscription commences immediately on purchase, and the customer, as a business, has no statutory right of cancellation (cooling-off period).

General

Governing law and jurisdiction. These terms are governed by the laws of Denmark, without regard to conflict-of-laws rules. The courts of Copenhagen, Denmark have exclusive jurisdiction over any dispute, to the extent permitted by law.

Force majeure. Resos is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, failures of utilities or telecommunications, and failures of third-party providers.

Assignment. The customer may not assign these terms without Resos’s prior written consent. Resos may assign these terms in connection with a merger, acquisition, or sale of assets.

Severability. If any provision of these terms is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.

Waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.

Entire agreement. These terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between the customer and Resos regarding the service and supersede any prior agreements on that subject.

Changes to these terms. Resos may update these terms. For material changes affecting an active paid subscription, Resos will give reasonable notice, consistent with the “Price changes and auto-renewal” notice period where a change affects price. Continued use after changes take effect constitutes acceptance.

Contact

Resos ApS
CVR: DK39377187
Copenhagen, Denmark

E-mail: hi@resos.com