Table Harmony Terms of Service

Version 1.0
Effective date: [LAUNCH DATE]

These Terms of Service (“Terms”) govern the use of Table Harmony.

By creating an account and accepting these Terms, the person accepting them confirms that they are acting for a restaurant, company, sole trader or other business (“Customer”), that they have authority to accept these Terms on its behalf, and that the Customer agrees to be bound by them.

These Terms include Schedule 1 — Data Processing Agreement, which forms part of the agreement between the Customer and Table Harmony.

1. About Table Harmony

Table Harmony is provided by:

Steven Paul Evans, trading as Table Harmony
NIF/NIE: X8029171D
Calle Toledo 4, 5-3
03195 Arenales del Sol
Elche (Alicante), Spain
Email: hello@tableharmony.es

Table Harmony provides online software for restaurants and hospitality businesses to manage reservations and related restaurant operations.

2. Business use only

Table Harmony is provided for commercial and professional use by restaurants and other hospitality businesses. It is not offered as a consumer service.

The person creating an account must be at least 18 years old and must have authority to act for the Customer.

3. The service

The functionality available to the Customer depends on the plan selected.

Current plans, features and prices are described on the Table Harmony website.

Table Harmony may improve, update or modify the service from time to time, including for operational, technical, security, legal or product-development reasons.

We will not intentionally remove material functionality from a Customer's current paid plan during an active billing period without reasonable justification.

The service and its features may evolve over time.

4. Account registration and security

The Customer must provide accurate and reasonably current information when creating and maintaining its account.

The Customer is responsible for managing authorised users within its organisation and for keeping login credentials secure.

The Customer must notify Table Harmony promptly if it becomes aware of unauthorised access to its account.

The Customer is not responsible for unauthorised access caused by a security failure for which Table Harmony is responsible.

5. Free trial

Table Harmony currently offers a 30-day free trial of the selected plan.

No payment card is required to begin the trial unless this is clearly stated before the Customer starts it.

The trial begins when the Customer's account or trial is activated.

Unless Table Harmony agrees otherwise, a restaurant or business is entitled to one genuine free trial.

At the end of the trial, the Customer must provide valid payment details and activate a paid subscription to continue using the service.

If the Customer chooses not to continue after the trial, it will not be charged.

6. Plans and pricing

Table Harmony currently offers:

Simple — €15 per month + applicable VAT, per restaurant

Plus — €30 per month + applicable VAT, per restaurant

Subscriptions are held separately for each restaurant.

Table Harmony does not charge a commission on reservations.

Subscriptions are monthly and do not require a long-term commitment.

The applicable plan, price and included features will be shown to the Customer before a paid subscription begins.

7. Payment and billing

Paid subscriptions are billed monthly in advance.

Payments are processed using a third-party payment provider. Table Harmony does not need to receive or store the Customer's full payment-card details.

The Customer authorises the applicable subscription charges and taxes to be collected using the selected payment method.

The Customer is responsible for maintaining valid payment information.

If a payment fails, Table Harmony may make reasonable further collection attempts and provide the Customer with an opportunity to correct the payment problem.

A failed payment does not automatically constitute cancellation of the Customer's account. Access may be restricted or placed into a read-only or payment-required state while payment remains outstanding.

8. Changing plan

A Customer may change the plan for a restaurant where this option is available.

An upgrade may take effect immediately and the payment provider may calculate an appropriate prorated adjustment.

A downgrade will normally take effect from the next billing period.

When downgrading, functionality available only under the higher plan may cease to be available. Where reasonably possible, Table Harmony will make the consequences of the downgrade clear before it takes effect.

9. Changes to prices

Table Harmony may change its subscription prices.

Existing paying Customers will receive at least 30 days' notice before a price increase applies to their subscription.

Price changes will not be applied retrospectively to a billing period that has already been paid for.

The Customer may cancel before the new price takes effect.

10. Cancellation

A subscription may be cancelled at any time.

Cancellation normally takes effect at the end of the restaurant's current paid billing period. The restaurant may continue using the paid service until that date.

No further subscription charge will be made after cancellation becomes effective, unless the subscription is reactivated.

Payments already made for a current billing period are not normally refundable or partially refundable, except where required by law or expressly agreed by Table Harmony.

Where a Customer operates more than one restaurant, cancellation of one restaurant's subscription does not cancel subscriptions for its other restaurants.

11. What happens after cancellation

When a restaurant's paid subscription ends, that restaurant becomes inactive.

If the Customer has another restaurant with an active subscription, the Customer's account remains active for that restaurant and no company-level deletion process begins.

When the Customer's final active restaurant subscription has ended, the Customer's account enters a 30-day recovery period.

During this period:

• the Customer's operational data is retained;
• normal restaurant operations are disabled;
• public online reservations for inactive restaurants are disabled;
• guest booking-management functions for inactive restaurants are disabled; and
• appropriate Owner or Administrator access may remain available for account recovery, reactivation or data export where available.

If a subscription is reactivated during the recovery period, the pending deletion process is cancelled and the Customer's retained data may again be used through the service.

If the account is not reactivated, it becomes eligible for deletion from Table Harmony's active systems after the 30-day recovery period.

Deletion is carried out through a controlled process and will not proceed while an active subscription remains associated with the Customer.

Some limited information may be retained where reasonably necessary for accounting, legal, contractual, security or accountability purposes.

Residual copies contained in infrastructure backups may remain temporarily until they expire through the relevant provider's normal backup-rotation process.

Personal data processed on behalf of the Customer is also subject to Schedule 1.

12. Customer responsibilities

The Customer is responsible for:

• configuring its restaurant information, services, opening times, availability, tables, booking limits and other settings;
• reviewing information entered into the service;
• managing its relationship with guests;
• controlling access granted to its staff and authorised users;
• complying with applicable laws relating to its restaurant and its processing of guest information;
• ensuring that it has an appropriate lawful basis for personal data it enters into or processes through Table Harmony; and
• ensuring that information and instructions provided to Table Harmony are lawful.

The Customer must not use Table Harmony for unlawful, fraudulent, abusive or deliberately harmful purposes.

Table Harmony provides software to assist the Customer. Table Harmony does not operate the Customer's restaurant and is not responsible for the restaurant's service to its guests.

13. Reservations and availability

Table Harmony processes reservations and availability using the information, rules and configuration supplied by the Customer.

The Customer remains responsible for ensuring that its operational configuration is appropriate for its restaurant.

Software cannot eliminate every possibility of incorrect configuration, duplicate reservations, communication failure, connectivity failure or other unexpected circumstances.

The Customer should exercise appropriate operational judgement and should not use Table Harmony as the sole control for circumstances in which a software or communications failure could create a significant risk to people or property.

14. Guest communications

Table Harmony may send transactional communications to guests on the Customer's behalf, including reservation requests, confirmations, changes, cancellations, reminders, feedback requests and other communications related to the restaurant service.

Where such communications are enabled or triggered by the Customer's use or configuration of Table Harmony, the Customer instructs Table Harmony to process the relevant guest information for that purpose.

The Customer is responsible for ensuring that it has an appropriate lawful basis for communications that go beyond what is necessary for managing a reservation or restaurant service.

Table Harmony will not use the Customer's guest database for Table Harmony's own unrelated marketing without an appropriate lawful basis.

15. Marketing consent and third-party mailing services

Where the Customer enables marketing functionality, Table Harmony may record marketing preferences and evidence of guest consent on the Customer's behalf.

Marketing consent presented through the public booking form is optional and is not required in order to make a reservation.

Where a Customer connects its own third-party mailing account, such as Mailchimp, Table Harmony may transfer eligible guest information to that account according to the Customer's settings and instructions.

Once information has been transferred into the Customer's own third-party mailing account, the Customer is responsible for managing that information within that external service, including handling appropriate deletion, withdrawal or unsubscribe requests.

The Customer must not manually mark a guest as having marketing permission unless the Customer has an appropriate lawful basis for doing so.

16. Customer data

The Customer retains its rights in the restaurant, reservation and guest data it provides to or processes through Table Harmony.

The Customer grants Table Harmony the rights necessary to host, store, organise, transmit, back up, secure and otherwise process that data solely as reasonably necessary to provide the service, comply with the Customer's documented instructions, protect the service, and comply with applicable law.

Table Harmony does not acquire ownership of the Customer's guest database merely because that data is processed through the service.

Where Table Harmony processes personal data on behalf of the Customer, Schedule 1 applies.

Table Harmony may use genuinely anonymised or aggregated information that no longer identifies the Customer's guests or other individuals for legitimate purposes such as service operation, security, performance analysis and product improvement.

17. Guest erasure

Table Harmony provides functionality allowing authorised Customer users to erase guest personal data where appropriate.

When this function is used, identifying guest information is removed while non-identifying historical reservation information may be retained for legitimate operational and statistical purposes.

The Customer remains responsible, as controller, for determining whether a particular data-subject request should be fulfilled and for complying with any legal obligation to retain information.

Erasing guest information from Table Harmony does not automatically remove information previously transferred to an external service controlled by the Customer, such as the Customer's own Mailchimp account.

18. Intellectual property

Table Harmony and its licensors retain all rights in the Table Harmony software, branding, design, interfaces, documentation and other intellectual property relating to the service.

During an active trial or subscription, the Customer receives a limited, non-exclusive and non-transferable right to use Table Harmony for its own internal business operations.

The Customer must not, except where permitted by law:

• copy or redistribute substantial parts of the service;
• sell or sublicense access to the service;
• attempt unauthorised access to Table Harmony systems;
• interfere with security or operation of the service; or
• reverse engineer the service.

19. Availability and maintenance

Table Harmony aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

The service may occasionally be unavailable because of maintenance, updates, infrastructure problems, Internet or telecommunications failures, third-party services, security incidents or circumstances outside Table Harmony's reasonable control.

Table Harmony will take reasonable steps to minimise avoidable disruption.

No specific uptime service-level agreement applies unless separately agreed in writing.

20. Support

Table Harmony provides support through the contact methods made available to Customers.

We will make reasonable efforts to respond and resolve issues according to their nature and severity.

Unless separately agreed in writing, Table Harmony does not guarantee 24-hour support or a specific response or resolution time.

21. Third-party services

Table Harmony relies on third-party infrastructure and service providers for parts of its operation, which may include hosting, database infrastructure, authentication, email delivery and payment processing.

Some optional functionality may also connect to services selected by the Customer.

Table Harmony will take reasonable care in selecting and managing providers used to deliver the service but cannot guarantee that third-party infrastructure will never experience interruption.

Where a third party processes personal data on behalf of Table Harmony in its role as processor, the requirements in Schedule 1 apply.

22. Suspension and termination by Table Harmony

Table Harmony may suspend or terminate access where reasonably necessary because of:

• continued non-payment after reasonable notice and opportunity to remedy;
• a material breach of these Terms;
• unlawful or fraudulent use;
• a material security or technical risk;
• deliberate disruption or unauthorised access;
• a legal or regulatory requirement; or
• serious abuse of the service.

Where reasonably possible, Table Harmony will provide notice and an opportunity to remedy the problem before suspension or termination.

Immediate action may be taken where necessary to prevent unlawful activity, security compromise or material harm.

23. Discontinuation of the service

Table Harmony may discontinue the service or a plan.

Where reasonably possible, existing paying Customers will receive reasonable advance notice.

If Table Harmony terminates a prepaid service before the end of the paid period for reasons unrelated to the Customer's breach, Table Harmony will refund the appropriate unused prepaid portion where applicable.

24. Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Subject to that rule, each party is responsible for direct losses reasonably caused by its breach of these Terms, negligence or violation of applicable law.

To the maximum extent permitted by law, Table Harmony will not be liable for indirect or consequential loss, loss of anticipated profit, loss of goodwill or loss of business opportunity.

Table Harmony is not responsible for losses caused by:

• inaccurate or inappropriate configuration supplied by the Customer;
• acts or omissions of the Customer's staff or authorised users;
• the Customer's restaurant operations or relationship with its guests;
• Internet, telecommunications or device failures outside Table Harmony's reasonable control; or
• failures of third-party services outside Table Harmony's reasonable control where Table Harmony exercised reasonable care in selecting and managing the relevant provider.

Subject to liabilities that cannot lawfully be limited, Table Harmony's aggregate liability arising from the service during any 12-month period will not exceed the greater of:

(a) the subscription fees paid or payable by the Customer to Table Harmony during the preceding 12 months; or
(b) €300.

25. Confidentiality

Each party must take reasonable care to protect confidential non-public information received from the other party and must use it only for purposes connected with the service and this agreement.

This obligation does not apply to information that:

• is already lawfully public;
• was already lawfully known to the receiving party;
• is received lawfully from another source without a confidentiality obligation; or
• must be disclosed by law or by a competent authority.

Personal data is also subject to the confidentiality and data-protection requirements in Schedule 1.

26. Changes to these Terms

Table Harmony may update these Terms to reflect changes to the service, law, security requirements or business operations.

Minor or non-material changes may take effect when the updated Terms are published.

Where a change materially affects the Customer's contractual rights or obligations, Table Harmony will provide reasonable advance notice.

Where appropriate because of the nature of a material change, Table Harmony may require the Customer to accept the updated Terms before continuing to use the service.

Changes will not retrospectively alter rights or obligations relating to a period before the updated Terms took effect.

27. Electronic contracting and communications

The agreement may be concluded electronically.

Before accepting these Terms, the Customer will be given an opportunity to review them and correct information entered during the account-creation process.

The applicable Terms will be made available in a form that the Customer can access, store and reproduce.

Table Harmony will record evidence of acceptance, including the relevant Customer/account, accepting user, Terms version, date and time, language and acceptance event.

Following acceptance, Table Harmony will provide electronic confirmation and access to the applicable Terms.

Contractual and service communications may be sent to the email address associated with the Customer's account.

The agreement may be concluded in English or Spanish.

The English and Spanish versions are intended to have the same meaning. If there is an irreconcilable inconsistency between them, the Spanish version will prevail.

28. Assignment

The Customer may not transfer this agreement without Table Harmony's consent, which will not be unreasonably withheld in circumstances such as a legitimate transfer or sale of the restaurant business.

Table Harmony may transfer this agreement as part of a genuine sale, transfer or reorganisation of the Table Harmony business, provided that doing so does not materially reduce the Customer's contractual rights.

29. Entire agreement and severability

These Terms, including Schedule 1 and any documents expressly incorporated into them, form the agreement relating to the Customer's use of Table Harmony.

If a provision is found to be invalid or unenforceable, the remaining provisions continue to apply.

A failure or delay in enforcing a provision does not waive the right to enforce it later.

30. Governing law and jurisdiction

These Terms are governed by Spanish law.

As this service is provided for business and professional use, disputes will be submitted to the courts and tribunals having jurisdiction under applicable Spanish law.

Nothing in this section overrides any jurisdiction that applies mandatorily by law.

31. Contact

Questions about these Terms may be sent to:

Table Harmony
Steven Paul Evans
Calle Toledo 4, 5-3
03195 Arenales del Sol
Elche (Alicante), Spain
hello@tableharmony.es

Schedule 1 — Data Processing Agreement

This Data Processing Agreement (“DPA”) forms part of the Table Harmony Terms of Service.

It applies where Table Harmony processes personal data on behalf of the Customer in connection with the service.

1. Roles of the parties

For personal data relating to the Customer's guests that Table Harmony processes in providing the service:

• the Customer is the controller; and
• Table Harmony is the processor.

The Customer determines the purposes of the processing and is responsible for establishing an appropriate lawful basis.

Table Harmony processes that data only on behalf of the Customer and in accordance with this DPA, the Terms and the Customer's documented instructions, unless applicable law requires otherwise.

Table Harmony acts separately as a controller for personal data it processes for its own legitimate business purposes, such as Customer account administration, billing, security and management of the direct contractual relationship. Such processing is governed by the Table Harmony Privacy Policy.

2. Subject matter and duration

The subject matter of the processing is the processing of personal data necessary to provide Table Harmony's restaurant reservation and related management services.

Processing begins when the Customer starts using Table Harmony to process personal data and continues for the duration of the relevant service, together with any agreed recovery or retention period following termination.

3. Nature and purpose of processing

Depending on the features used by the Customer, Table Harmony may:

• collect;
• record;
• organise;
• store;
• retrieve;
• consult;
• display;
• update;
• transmit;
• send reservation-related communications;
• manage reservation status and history;
• manage guest records, notes and preferences;
• manage customer flags and no-show information;
• manage guest feedback;
• manage marketing-consent evidence where enabled;
• back up;
• secure;
• erase; and
• anonymise

personal data as necessary to provide the service.

The purpose of the processing is to provide the reservation, guest-management, communication and related restaurant functionality selected and configured by the Customer.

4. Categories of data subjects

Data subjects may include:

• restaurant guests and prospective guests;
• people making reservations on behalf of others;
• people communicating with the restaurant regarding reservations; and
• Customer staff or authorised users where their information is processed through the service.

5. Types of personal data

Depending on the Customer's use of the service, processed data may include:

• name;
• email address;
• telephone number;
• reservation date and time;
• party size;
• reservation status and history;
• messages and comments;
• restaurant internal notes;
• preferences supplied in connection with a reservation;
• no-show information;
• customer flags;
• guest feedback;
• marketing preference and consent evidence where applicable; and
• other information entered by or on behalf of the Customer in connection with a reservation.

The Customer should avoid entering unnecessary personal data or special-category personal data unless there is a genuine operational need and an appropriate lawful basis.

6. Documented instructions

The Customer's use and configuration of Table Harmony, actions taken through the service, support requests and these Terms constitute documented instructions for processing within the scope of the service.

Table Harmony will process personal data only on documented instructions from the Customer unless required to do so by applicable European Union or Member State law.

Where legally permitted, Table Harmony will inform the Customer before carrying out processing required by such law.

If Table Harmony considers that an instruction infringes applicable data-protection law, it will inform the Customer.

7. Confidentiality

Table Harmony will ensure that persons authorised to process Customer personal data are subject to appropriate confidentiality obligations and access data only where reasonably necessary for their role.

8. Security

Table Harmony will implement appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or unauthorised access.

Measures may include, as appropriate:

• access controls and tenant isolation;
• database-level security controls;
• authentication and permission controls;
• controlled and logged support access;
• encryption provided by relevant infrastructure;
• abuse and rate-limit protection;
• audit mechanisms;
• data-retention controls; and
• appropriate backup and recovery arrangements.

Security measures may evolve over time to reflect technical developments and changing risks, provided that the overall level of protection is not materially reduced.

The Customer remains responsible for appropriately managing its own users, credentials, devices and access permissions.

9. Subprocessors

The Customer gives Table Harmony general authorisation to use subprocessors where reasonably necessary to provide the service.

Table Harmony will require subprocessors that process personal data on its behalf to be subject to data-protection obligations appropriate to the processing they perform.

Table Harmony remains responsible for its processor obligations in relation to processing carried out through its subprocessors to the extent required by applicable law.

Table Harmony will make information about relevant subprocessors available to Customers and, where required by applicable data-protection law, provide reasonable notice of material additions or replacements so that the Customer may raise a reasonable data-protection objection.

A service connected directly by the Customer under the Customer's own account and instructions, such as the Customer's own Mailchimp account, may constitute a Customer-selected third party rather than a Table Harmony subprocessor.

10. International transfers

Where personal data is transferred outside the European Economic Area in circumstances requiring a transfer mechanism under applicable data-protection law, Table Harmony will ensure that an appropriate mechanism or safeguard is used.

This may include an applicable adequacy decision, approved Standard Contractual Clauses or another lawful transfer mechanism.

Table Harmony will require relevant subprocessors to comply with applicable transfer requirements.

11. Data-subject rights

Taking into account the nature of the processing, Table Harmony will provide reasonable assistance to the Customer, through appropriate technical and organisational measures where possible, to enable the Customer to respond to requests from data subjects exercising their rights.

Where Table Harmony receives a request relating to personal data processed on behalf of a Customer, Table Harmony will normally direct the request to or notify the relevant Customer unless applicable law requires Table Harmony to respond directly.

Table Harmony provides functionality that may assist authorised Customer users in erasing guest personal data where appropriate.

12. Personal-data breaches

Table Harmony will notify the Customer without undue delay after becoming aware of a personal-data breach affecting personal data processed on the Customer's behalf.

Table Harmony will provide information reasonably available to it to assist the Customer in understanding the nature and likely consequences of the breach and the measures taken or proposed.

Table Harmony will take reasonable steps to contain, investigate and mitigate the incident.

Notification of an incident does not in itself constitute an admission of fault or liability.

13. Compliance assistance

Taking into account the nature of processing and information available to Table Harmony, Table Harmony will provide reasonable assistance to the Customer in complying with applicable obligations concerning:

• security of processing;
• personal-data breach assessment and notification;
• data-protection impact assessments; and
• prior consultation with a supervisory authority,

where relevant to the processing performed through Table Harmony.

14. Information and audits

Table Harmony will make available information reasonably necessary to demonstrate compliance with its obligations under Article 28 GDPR.

Where reasonably necessary, Table Harmony will allow for and contribute to audits or inspections by the Customer or an auditor authorised by the Customer.

Unless a competent supervisory authority requires otherwise, audits should:

• be requested with reasonable advance notice;
• take place during normal business hours;
• avoid unnecessary disruption;
• respect confidentiality and security obligations; and
• use existing documentation, certifications or remote review where these provide sufficient evidence.

Nothing in this section restricts the lawful powers of a competent data-protection authority.

15. Return and deletion of personal data

During an active subscription, the Customer may access and manage its data using the functionality made available through Table Harmony.

When the Customer's final active restaurant subscription ends, the account normally enters the 30-day recovery period described in the Terms.

During that period, the personal data remains protected and may be restored if the service is reactivated.

At the end of the service, Table Harmony will, at the Customer's choice and subject to applicable law, delete or return personal data processed on the Customer's behalf.

Where the Customer has not requested return of the data before the end of the applicable recovery period, the Customer instructs Table Harmony to delete the personal data from its active systems when the account reaches the scheduled deletion stage.

Table Harmony may retain information where European Union or Member State law requires retention.

Residual copies in infrastructure backups may remain temporarily until deleted through the relevant provider's normal backup-rotation process. Such residual data remains protected and is not restored to active systems except where necessary for legitimate disaster-recovery purposes.

16. Data retention during the service

Table Harmony applies reasonable retention controls to personal data generated in providing the service.

For example, detailed transactional notification records containing guest contact information and email content are normally scrubbed of identifying content after 90 days while limited non-identifying delivery metadata may be retained.

Where an authorised Customer user carries out a guest-erasure action, relevant guest personal data is erased without waiting for the normal notification-retention period.

These operational retention measures do not determine how long the Customer itself should lawfully retain guest information in its active guest database. The Customer remains responsible for its own retention obligations as controller.

17. End of processing

Following return or deletion of the relevant personal data, Table Harmony will cease processing that data on the Customer's behalf except where continued retention or processing is required by applicable law.

Confidentiality and security obligations continue for as long as Table Harmony lawfully retains any relevant personal data.

18. Precedence

If there is a conflict between this DPA and another part of the Terms concerning the processing of personal data on behalf of the Customer, this DPA prevails to the extent of that conflict.

Nothing in the Terms or this DPA reduces either party's obligations under applicable data-protection law.