Terms of Service

1. Definitions

2. Acceptance of Terms

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms of Service. If you are registering on behalf of a Restaurant, you represent that you have the authority to bind that entity to these terms.

3. Account Registration

To use most features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your login credentials confidential and not share them with unauthorized persons.
• Notify us immediately at support@myresto.app if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these terms or that we reasonably believe are being used fraudulently.

4. Subscriptions and Billing

4.1 Free Trial

New Restaurant accounts receive a 14-day free trial with full access to all features. No credit card is required to start the trial. At the end of the trial, you must select a paid plan to continue using the Platform.

4.2 Plans and Pricing

We offer multiple subscription plans (Starter, Growth, and Pro) with different feature sets and pricing. Current pricing is available on our Pricing page. Prices are listed in euros and exclude applicable taxes (VAT).

4.3 Billing

Subscriptions are billed either monthly or annually, depending on your selection. Payments are processed via Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.4 Auto-Renewal

4.5 Cancellation and Refunds

You can cancel your subscription at any time. Upon cancellation, you retain access until the end of your current billing period. We do not offer prorated refunds for partial months. If you believe you have been charged in error, please contact support@myresto.app within 14 days.

5. Restaurant Obligations

As a Restaurant using the Platform, you agree to:

• Maintain accurate and up-to-date menu information, including prices, allergen information, and item availability.
• Comply with all applicable food safety laws and regulations in your jurisdiction.
• Ensure that all items listed on your menu are legally permitted for sale.
• Handle guest personal data in compliance with GDPR and applicable data protection laws (see our Data Processing Agreement).
• Respond to guest orders in a timely manner and fulfill them as described.
• Not use the Platform for any unlawful, fraudulent, or deceptive purposes.

6. Guest Ordering Terms

By placing an order, Guests agree to:

• Provide accurate information when required (e.g., table number).
• Pay for all items ordered.
• Inform the Restaurant directly of any food allergies or dietary requirements.

7. Payment Processing

Payment processing for orders placed through the Platform is handled by Stripe. MyResto is not the merchant of record for food and beverage orders — the Restaurant is.

Funds from guest orders are settled directly to the Restaurant's connected Stripe account, minus applicable processing fees. MyResto subscription fees are billed separately.

By using Stripe through our Platform, you also agree to Stripe's Terms of Service.

8. Intellectual Property

8.1 Our Intellectual Property

The Platform, including its design, code, features, documentation, and branding, is owned by MyResto SAS and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Platform.

8.2 Your Content

Restaurants retain ownership of all content they create on the Platform, including menus, photos, descriptions, and branding. By uploading content, you grant us a limited, non-exclusive license to display and process that content as necessary to operate the Service.

Guest-submitted content (such as reviews) is owned by the Guest. By submitting a review, Guests grant both the Restaurant and MyResto a non-exclusive license to display the review on the Platform and associated websites.

9. Data Protection

We take data protection seriously. Please refer to our Privacy Policy for details on how we collect, use, and protect personal data.

For Restaurants, we act as a Data Processor for guest personal data processed through the Platform. The terms of this arrangement are set out in our Data Processing Agreement.

10. Liability Limitations

To the maximum extent permitted by French law:

• We are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform.
• Our total liability for any claims arising under these terms shall not exceed the amount you paid to us in the 12 months preceding the claim.
• We are not responsible for the quality, safety, or legality of food and beverages sold by Restaurants through the Platform.
• We are not liable for service interruptions caused by factors beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.

Nothing in these terms excludes or limits liability that cannot be lawfully excluded, including liability for death or personal injury caused by negligence, or for fraud.

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription from your dashboard or by contacting us at support@myresto.app. Your access continues until the end of the current billing period.

11.2 Termination by Us

We may terminate or suspend your account with 30 days written notice by email. We may terminate immediately without notice if:

• You materially breach these terms and fail to cure the breach within 14 days of notice.
• You use the Platform for illegal activities.
• Your account is inactive for more than 12 consecutive months.

11.3 Effect of Termination

Upon termination, we will retain your data for 30 days to allow you to export it. After 30 days, your data will be permanently deleted, except where retention is required by law (see our Privacy Policy for retention periods).

12. Governing Law and Disputes

These terms are governed by and construed in accordance with the laws of France, without regard to conflict of law principles.

12.1 Mediation

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith mediation. Either party may initiate mediation by sending a written request to the other party. If mediation fails to resolve the dispute within 60 days, either party may proceed to litigation.

12.2 Jurisdiction

Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Paris, France.

If you are a consumer based in the EU, you retain the right to bring proceedings in the courts of your country of residence.

13. Changes to These Terms

We may update these Terms of Service from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated terms.

If you do not agree with the updated terms, you may cancel your account before they take effect.