Terms of Service

1.The parties

These Terms are entered into between you (the Customer) and One Solution BV, a Belgian limited company with its registered office at Rubensplein 19, 1560 Hoeilaart, Belgium, registered under enterprise number BE 0763.648.435 and operating as Waiterr ("we", "us", "our").

You may only enter into these Terms if you act in a professional capacity, are at least 18 years old, and have the legal authority to bind the entity you represent. Waiterr is a B2B service — it is not intended for consumer use.

2.Description of the service

Waiterr is a software-as-a-service platform that helps hospitality professionals run their venue. Depending on the plan you select, the service may include:

• a Point of Sale (POS) interface for tablets and counter terminals;
• QR ordering and pay-at-table for end-customers seated at the venue;
• click-and-collect, online ordering and (where applicable) delivery management;
• table reservations and floor plan management;
• Kitchen Display System (KDS), printer routing and order tracking screens;
• inventory, recipe and supplier management;
• a CRM with loyalty, marketing automation and review aggregation;
• analytics, reports, accounting exports and integrations with third-party services.

A detailed and up-to-date feature list per plan is available on our pricing page. We may introduce new features, enhance existing ones, or retire features that are no longer maintained — we will give you reasonable advance notice for material changes that adversely affect a feature you actively rely on.

3.Account creation and security

To access most parts of the service you need a Waiterr account. You agree to:

• provide accurate, current and complete information when creating your account;
• keep your credentials confidential and secure;
• enable two-factor authentication for accounts with administrative privileges;
• promptly notify us at contact@waiterr.app of any unauthorised access or suspected compromise.

You are responsible for all activity that occurs under your account, including activity by users you invite or by integrations you connect. You may invite additional users (staff, accountants, partners) within the limits of your plan; each user must agree to these Terms.

4.Free trial

New customers may be eligible for a 14-day free trial, during which you can use the platform without entering payment details. The trial converts into a paid subscription only if you actively choose a plan and provide a valid payment method.

Free-trial usage is subject to fair-use limits (number of orders, payment volume, devices) and may be terminated by us at any time if we detect abuse or use that materially exceeds typical evaluation patterns.

5.Subscription, fees and renewal

Subscription fees are charged according to the plan and billing cycle you select on our pricing page. Fees are exclusive of VAT and other applicable taxes, which will be added where required by law.

Unless explicitly indicated otherwise, subscriptions renew automatically for successive periods of the same length (monthly or annual) at the then-current rate, until you cancel.

We may change our fees with 30 days notice for monthly plans and 60 days notice for annual plans. Notice will be sent to the email address associated with your account. If you do not agree with the new fees, you may cancel before they take effect.

Where the service generates additional usage-based charges (e.g. per cover beyond the included quota for the Starter plan, additional production screens, optional integrations), those charges are billed in arrears at the end of each billing cycle.

Late payment may result in late-payment interest at the legal Belgian rate plus reasonable collection costs, and may lead to suspension or termination of the service after we have given you reasonable notice and an opportunity to cure.

6.Payments and tax

We use certified payment providers for subscription fees. Card details are collected and stored directly by those processors under PCI-DSS - we never see or store your full card number.

You authorise us (and our processors) to debit your designated payment method for all amounts due. You are responsible for keeping your payment information up to date. If a payment fails, we will retry several times and notify you; persistent failure may lead to suspension.

For end-customer payments processed *through* the platform (orders paid by your guests), additional fees may apply depending on the payment method, the issuer and the country. These fees are disclosed in your dashboard. We act as a technical facilitator only — the underlying payment relationship is between the end-customer, the issuer and the licensed payment institution.

You remain solely responsible for issuing fiscal receipts and complying with applicable VAT and accounting laws. We provide tools to help (cash-register-compliant ticketing, exports) but we are not your accountant.

7.Cancellation, refunds and downgrades

You can cancel your subscription at any time from the manager app under *Settings → Billing*, or by emailing contact@waiterr.app.

• Monthly plans: cancellation takes effect at the end of the current billing month. No partial refund is granted for the unused portion.
• Annual plans: you can switch to monthly at the end of the annual term. Annual subscriptions are non-refundable except where mandated by law.
• Downgrade: takes effect at the end of the current billing cycle. You remain on your current plan until then.
• Upgrade: takes effect immediately, with the new fee prorated for the remainder of the current period.

Because Waiterr is a B2B service, the consumer right of withdrawal does not apply. We may offer a goodwill refund on a case-by-case basis but are under no obligation to do so.

8.Acceptable use

You agree not to:

• use the service for any unlawful, fraudulent, infringing or harmful purpose;
• upload content that is illegal, misleading, defamatory, infringes intellectual property or violates anyone's privacy;
• bypass technical protection measures or attempt to gain unauthorised access to the service or to other customers' data;
• introduce malware, conduct denial-of-service attacks, or disrupt the integrity or performance of the platform;
• reverse-engineer, decompile or attempt to extract the source code of the service, except as expressly permitted by law;
• resell, sublicense, white-label or commercially redistribute the service to third parties without our written consent;
• use the service to send unsolicited marketing communications in violation of applicable law;
• use scraping, bots or automation to crawl our public pages outside the rate limits we publish.

We may suspend or terminate your account if we determine in good faith that you are violating these rules, immediately when needed to prevent serious harm, with reasonable notice otherwise.

9.Customer data and content

You retain all rights in the data and content you upload to the service ("Customer Data"). You grant us a worldwide, royalty-free, non-exclusive license to host, process, transmit, display and back up Customer Data solely as needed to provide the service, secure it, and comply with the law.

You are solely responsible for:

• the accuracy and lawfulness of Customer Data;
• having all necessary rights and consents (notably from your end-customers) to upload and process the data;
• complying with the GDPR and other applicable laws when you act as the controller of personal data hosted on the platform.

We act as your data processor for Customer Data and execute a Data Processing Agreement (DPA) that forms part of these Terms.

On termination, we will make Customer Data available for export for 30 days, after which it will be deleted from production systems within a further 30 days and from backups within 35 days, except where we are legally required to retain it.

10.Service availability and maintenance

We target a monthly uptime of 99.9 % for the production environment, calculated excluding scheduled maintenance, force-majeure events, third-party outages outside our control, and customer-side configuration issues.

Scheduled maintenance is announced at least 48 hours in advance and is normally performed outside peak hospitality hours (typically between 03:00 and 06:00 CET).

Where the service materially fails to meet the uptime target in any given month, you may request a service credit equal to 5 % of the monthly subscription fee per full hour of qualifying downtime, up to a cap of 25 % of that month's fee. The credit must be requested within 30 days of the incident and is the sole remedy for downtime.

11.Support

Support is included in every paid plan. Support channels and response-time targets depend on your plan and are described on our pricing page. Premium support tiers (priority email, phone, dedicated account manager) are available on the Business and Enterprise plans.

We do not provide on-site installation, hardware repair or third-party integration build-out as part of standard support. Those are scoped separately as professional services.

12.Hardware (POS terminals, printers, screens)

Waiterr is hardware-agnostic. You can run the platform on iPad, Android tablets and Windows PCs that meet the technical requirements published in our help center. We may resell selected hardware (receipt printers, payment terminals, KDS screens, NFC plaques) — those resales are subject to our General Terms of Sale and the manufacturer's warranty.

You are responsible for the procurement, configuration, security and maintenance of any hardware you use with the service, including its connectivity. We are not liable for incompatibilities introduced by firmware updates pushed by the hardware manufacturer.

13.General Terms of Sale for hardware and professional services

This section applies to hardware sales or rentals, installation, data migration, training, custom integrations and any professional services we provide in addition to the SaaS subscription.

• Quotes and orders: prices, scope, delivery assumptions and prerequisites are set out in a quote or order confirmation. An order becomes binding once accepted in writing, electronically or by payment.
• Delivery and risk: delivery dates are estimates unless expressly confirmed as binding. Risk in hardware transfers when the hardware is handed over to you or to the carrier.
• Retention of title: hardware remains our property until paid in full. Until then, you may not resell, pledge or permanently modify it.
• Acceptance of services: professional services are deemed accepted when you use the deliverable in production or do not report a material defect in writing within 7 calendar days after delivery.
• Warranty: new hardware benefits from the applicable legal and/or manufacturer warranty. Used or refurbished hardware may carry a shorter warranty where clearly stated in the quote.
• Returns: B2B purchases are final. Returns or exchanges are accepted only for proven defects, wrong delivery, or with our prior written approval.
• Customer prerequisites: you must provide timely access, power, network, compatible devices, admin credentials and a knowledgeable contact. Delays caused by missing prerequisites may be charged separately.

14.Third-party services and integrations

The platform integrates with third-party services such as payment processors, map and venue-search providers, accounting tools and delivery aggregators. Your use of those services is subject to the third party's own terms and privacy policy. We do not control and are not responsible for the availability, content or behaviour of those services.

If a third-party service becomes unavailable, changes its terms, increases its fees or is discontinued, we will use reasonable efforts to minimise disruption but we cannot guarantee continuity.

15.Intellectual property

The service, including all software, designs, trademarks, logos, documentation and content provided by us, is owned by Waiterr or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes during the subscription term.

Nothing in these Terms transfers any intellectual property right to you, except for the limited license expressly granted. You may not remove, alter or obscure any proprietary notices.

Feedback. If you send us suggestions, ideas or feedback about the service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction. We don't need to keep you anonymous and we don't owe you anything for using your feedback.

16.Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms, protect it with at least the same care it uses for its own confidential information (and never less than reasonable care), and not disclose it except to its employees, advisors and providers who need to know and are themselves bound by confidentiality obligations.

These obligations do not apply to information that is or becomes public without breach, was known to the receiving party before disclosure, is independently developed without use of the Confidential Information, or must be disclosed by law (with notice to the other party where lawful).

17.Data protection

Our processing of personal data is described in detail in our Privacy Policy. For any Customer Data containing personal information about which you act as controller, our Data Processing Agreement (available on request) forms part of these Terms.

Each party will comply with applicable data-protection laws (including the GDPR) in the performance of this contract.

18.Warranties and disclaimers

We warrant that the service will perform materially in accordance with the documentation. We will use commercially reasonable efforts to fix material defects you report.

Apart from the warranty above and to the maximum extent permitted by law, the service is provided "as is" and "as available". We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, error-free, or that it will meet every specific business requirement you have. You are responsible for evaluating fitness during the free trial and for maintaining your own back-of-house contingency plan.

19.Limitation of liability

To the maximum extent permitted by law:

• neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, reputation, anticipated savings or data, even if advised of the possibility;
• our total aggregate liability under these Terms (whether in contract, tort or otherwise) is capped at the amount of fees you paid us in the 12 months preceding the event giving rise to the liability.

Nothing in these Terms limits liability that cannot be limited under Belgian law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

20.Indemnification

You agree to indemnify and hold us harmless from any third-party claim, damage, liability, cost and expense (including reasonable attorneys' fees) arising out of or related to:

• your Customer Data, including any claim that it infringes a third party's rights or violates the law;
• your use of the service in breach of these Terms or applicable law;
• any tax, fiscal or labour-law obligation that is yours and not ours.

We will indemnify and hold you harmless against any third-party claim that the service, when used as authorised under these Terms, infringes a valid intellectual-property right in the EU. This indemnity is subject to you giving us prompt notice of the claim, sole control of the defence and reasonable cooperation.

21.Term and termination

These Terms enter into force when you create an account or subscribe to a plan and remain in force until terminated.

Either party may terminate the contract:

• for convenience, at the end of the current billing cycle, with the cancellation procedure described above;
• for material breach, after giving the other party written notice and a 30-day cure period (immediate termination is allowed for breaches that cannot reasonably be cured);
• immediately if the other party becomes insolvent, ceases to do business, or is subject to a bankruptcy or similar proceeding.

Upon termination: (i) your access to the service ends, (ii) all outstanding fees become immediately due, (iii) Customer Data is handled as described in the *Customer data and content* section, and (iv) clauses that by their nature should survive (IP, confidentiality, liability, warranty disclaimers, governing law) survive termination.

22.Modifications to these Terms

We may update these Terms from time to time to reflect changes to the service, the law or our business. The "Last updated" date at the top of this page indicates the latest version.

For material changes, we will notify you by email and/or a banner in the manager app at least 30 days before they take effect. If you continue using the service after the effective date, you accept the updated Terms. If you don't agree, you may terminate before the effective date.

23.Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, labour disputes, internet, telecommunications or utility failures, and acts of third-party providers. The affected party will use reasonable efforts to mitigate.

24.Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any Order Form or DPA executed between us, constitute the entire agreement between the parties and supersede any prior or contemporaneous agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be replaced by an enforceable one that most closely reflects the parties' original intent.
• No waiver. A failure to enforce a provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring or sale of all or substantially all of our assets.
• Notices. Notices to you are sent to the email address on file. Notices to us must be sent to contact@waiterr.app, with a copy by registered mail to our registered office for legal notices.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture or agency relationship between the parties.

25.Governing law and jurisdiction

These Terms are governed by Belgian law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising out of or in connection with these Terms is submitted to the exclusive jurisdiction of the courts of Brussels (French-speaking division), Belgium, except where mandatory consumer-protection law in your country grants you a different forum.

26.Contact

For any question about these Terms, please contact us at contact@waiterr.app, or by post:

One Solution BV — Legal, Rubensplein 19, 1560 Hoeilaart, Belgium.