General Terms of Sale

These General Terms of Sale ("GTS") govern the commercial relationship between MOMO INVEST, a SAS (Société par Actions Simplifiée) with a share capital of 1,902,571.84 euros, registered with the Trade and Companies Register of Nanterre under number 920 650 280, with its registered office at 16 rue du Château, 92600 Asnières-sur-Seine, France (hereinafter "the Provider" or "Service") and any professional subscribing to the Service platform (hereinafter "the Client").

These GTS complement the Terms of Service (ToS) available at useservice.app/legal/terms. In case of conflict between the GTS and the ToS, these GTS shall prevail for commercial matters.

Article 1 — Purpose

These GTS define the conditions under which the Provider grants the Client access to the Service platform, a software-as-a-service (SaaS) solution for restaurant reservation management, including:

Reservation management (online, phone, walk-in)
Floor plan and table management
Guest profiles and CRM
Notification system (email, push, SMS)
iOS mobile application for staff
Embeddable booking widget for the Client's website
Analytics and reporting tools

The detailed list of features included in each subscription plan is described at useservice.app/pricing and in the order form where applicable.

Article 2 — Scope

These GTS apply exclusively to business-to-business (B2B) relationships. The Client represents that they are acting in the course of their professional restaurant business.

These GTS apply to all subscriptions to the Service platform and prevail over any other document of the Client (general purchasing conditions, purchase orders, etc.), unless otherwise agreed in writing by the Provider.

Article 3 — Subscription Plans and Pricing

3.1 Plans

The Provider offers several subscription plans whose features and pricing are described on the Provider's website or communicated during registration. Plans differ by:

Number of authorized users
Included features
Support level
Available add-ons

3.2 Pricing

All prices are expressed in euros and are exclusive of tax (HT). VAT will be added at the applicable rate on the invoicing date.

The Provider reserves the right to modify its pricing. Any pricing change will be notified to the Client by email at least thirty (30) days before taking effect. If the Client does not accept the modification, they may terminate their subscription in accordance with Article 7.

3.3 No Commission

The Provider does not charge any commission on reservations made through the platform. The subscription fee constitutes the sole remuneration of the Provider, except for add-ons expressly subscribed to.

Article 4 — Subscription and Duration

4.1 Subscription

Subscription is completed online on the Provider's website or following a personalized demonstration. The subscription is deemed final after:

Account creation by the Client
Selection of a subscription plan
Payment validation

4.2 Duration

The subscription is entered into for a fixed term depending on the chosen plan:

Monthly subscription: One (1) month, automatically renewed for successive one-month periods.
Annual subscription: Twelve (12) months, automatically renewed for successive twelve-month periods.

Automatic renewal may be prevented by termination in accordance with Article 7.

4.3 Trial Period

Where applicable, a free trial period may be offered. The duration and conditions of this period are specified at the time of subscription. At the end of the trial period, the subscription continues automatically under the chosen plan, unless the Client terminates before the trial period expires.

Article 5 — Payment Terms

5.1 Payment Methods

Payment is made by:

Credit card (Visa, Mastercard) through a secure payment processor (Stripe)
SEPA direct debit (for annual subscriptions only)

5.2 Invoicing

Monthly subscription: The Client is invoiced at the beginning of each monthly period.
Annual subscription: The Client is invoiced in a single payment at the beginning of the annual period.

Invoices are made available electronically in the client dashboard.

5.3 Late Payment

In case of late payment, the Provider reserves the right to:

Apply late payment penalties at the rate provided by Article L. 441-10 of the French Commercial Code (ECB base rate plus 10 percentage points)
Claim a fixed recovery indemnity of forty (40) euros per Article D. 441-5 of the French Commercial Code
Suspend access to the platform after formal notice left unheeded for fifteen (15) days

5.4 No Right of Withdrawal

As the services are provided between professionals, the right of withdrawal under consumer law does not apply. However, the Client may terminate their subscription in accordance with Article 7.

Article 6 — Obligations of the Parties

6.1 Provider's Obligations

The Provider undertakes to:

Provide access to the platform in accordance with the subscribed plan
Maintain and regularly update the platform
Implement reasonable technical measures to ensure the platform's availability and security
Host data within the European Union
Inform the Client of scheduled maintenance within a reasonable timeframe
Provide technical support as included in the subscribed plan
Maintain the confidentiality of the Client's data

The Provider commits to a best-efforts obligation (obligation de moyens) regarding platform availability.

6.2 Client's Obligations

The Client undertakes to:

Provide accurate and up-to-date information during registration and throughout use
Comply with the Terms of Service
Pay the subscription fee within the agreed deadlines
Not resell, sublicense, or make platform access available to third parties
Inform the Provider of any malfunction encountered
Comply with applicable laws when using the platform, including GDPR

Article 7 — Termination

7.1 By the Client

Monthly subscription: The Client may terminate at any time. Termination takes effect at the end of the current monthly period.
Annual subscription: The Client may terminate at any time. Termination takes effect at the end of the current annual period. No pro-rata refund is issued for the remaining period, unless required by applicable law.

Termination is carried out through the client dashboard or by email to support@useservice.app.

7.2 By the Provider

The Provider may terminate the subscription:

For breach of obligations by the Client after formal notice left unheeded for fifteen (15) days
For non-payment in accordance with Article 5.3
For conduct compromising the security or integrity of the platform
If required by law

7.3 Effects of Termination

Upon termination:

Platform access is deactivated at the end of the paid period
The Client may request data export within thirty (30) days following termination
Data is retained in accordance with the Privacy Policy
Outstanding amounts remain due

Article 8 — Data Ownership

8.1 Client Data

The Client retains full ownership of all data entered into the platform (restaurant information, staff data, reservation data, guest profiles).

The Provider claims no ownership rights over this data and undertakes not to use it for any purpose other than providing and improving the subscribed service.

8.2 Portability

The Client may export all their data at any time through the platform or by requesting it from the Provider. Exports are provided in a structured, commonly used, machine-readable format (CSV, JSON).

8.3 No Commercial Exploitation

The Provider undertakes never to:

Sell, rent, or disclose Client data to third parties for commercial purposes
Use guest data (diner profiles) to promote competing restaurants
Exploit data for targeted advertising purposes

Article 9 — Liability and Warranties

9.1 Limitation of Liability

The platform is provided "as is." To the maximum extent permitted by applicable law:

The Provider does not guarantee that the platform will be error-free or continuously accessible
The Provider's total liability under these GTS shall not exceed the total fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim
The Provider shall not be liable for indirect damages (loss of revenue, loss of customers, loss of data not attributable to the Provider)

9.2 Exclusions

Nothing in these GTS limits the Provider's liability for:

Gross negligence or wilful misconduct
Personal injury
Breach of essential contractual obligations

9.3 Force Majeure

The Provider shall not be held liable for non-performance due to force majeure as defined by Article 1218 of the French Civil Code, including: natural disasters, pandemics, government measures, widespread network failures, third-party service provider failures.

Article 10 — Personal Data Protection

The processing of personal data is governed by the Privacy Policy available at useservice.app/legal/privacy.

The Provider undertakes to implement appropriate technical and organizational measures to ensure data security in accordance with Article 32 of the GDPR.

Article 11 — Intellectual Property

The Service platform, including its architecture, source code, interface, features, trademarks, and logos, is the exclusive property of the Provider.

The subscription grants the Client a personal, non-exclusive, non-transferable right to use the platform, limited to the subscription duration and the features of the subscribed plan.

Article 12 — Mediation

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, in case of unresolved dispute, the Client may use a mediation service free of charge. A certified mediator will be designated before commercial launch. List available at economie.gouv.fr/mediation-conso .

Article 13 — Governing Law and Jurisdiction

These GTS are governed by French law.

In case of dispute regarding the formation, interpretation, performance, or termination of these GTS:

The parties shall endeavor to resolve the dispute amicably within thirty (30) days
Failing amicable resolution, the dispute shall be submitted to mediation per Article 12
Failing mediation, the dispute shall be brought before the competent courts of Paris, France

Article 14 — Miscellaneous

14.1 Entire Agreement

These GTS, the ToS, the Privacy Policy, and the order form where applicable constitute the entire agreement between the parties.

14.2 Severability

If any clause of these GTS is declared null or unenforceable, the remaining clauses shall remain in force.

14.3 Amendment

The Provider reserves the right to amend these GTS. Amendments will be notified to the Client by email at least thirty (30) days before taking effect.

14.4 Assignment

The Client may not assign their rights and obligations under these GTS without the prior written consent of the Provider.

14.5 Language

These GTS are drafted in French. In case of translation, only the French version shall be authoritative.

Contact

MOMO INVEST
Email: support@useservice.app
Address: 16 rue du Château, 92600 Asnières-sur-Seine, France
SIRET: 920 650 280 00018
Intra-community VAT: FR 12 920 650 280