Terms of use

Informative translation. In case of any discrepancy, the Spanish version prevails.

Last updated: [FECHA]

These terms govern the use of Tavolly, booking software for restaurants offered by subscription. If anything is unclear, write to us at hello@tavolly.com.

3.1 Who we are. Tavolly is a service of [TITULAR], tax ID (NIF) [NIF], with address at [DOMICILIO PROFESIONAL] ("Tavolly" or "we").

3.2 Businesses only. Tavolly is a service for hospitality businesses and professionals ("the Client" or "you"). When you sign up you state your company name and your tax ID or EU VAT number and declare that you are acting in the course of your business, not as a consumer. Consumer law, such as the 14-day right of withdrawal, therefore does not apply, although we offer you a 30-day free trial. [REVISAR]

3.3 Scope. Tavolly is offered in the European Union, starting with Spain, France and Italy. Any adaptations required by each country's regulations will be published as an annex.

3.4 Account. You must provide truthful information and keep it up to date. You are responsible for the members of your team to whom you give access and for the permissions you assign them. Access is via single-use links sent to each user's email; if you suspect unauthorised use, let us know at hello@tavolly.com.

3.5 Plans and prices.

• Prices do not include VAT. Clients in Spain are charged Spanish VAT; businesses in other EU countries with a valid EU VAT number are invoiced without VAT under the reverse-charge mechanism. [REVISAR]
• Each additional venue has a 15% discount on the price of its plan. The discount is not cumulative.
• There is no commission per guest or per booking: you only pay the fee.

3.6 30-day free trial. The trial does not require a card. We will let you know by email before it ends. If you do not subscribe, the account is paused: the booking page stops accepting online bookings and you can export your data for 30 days; after that it is deleted.

3.7 Payment and invoicing. The subscription is charged monthly in advance through Stripe. The invoice is sent by email and is available in your account. If a payment fails, we let you know and retry it; if it remains unpaid 14 days later, we may pause the account until it is settled. Fees paid are not refunded, except in the event of our error or where the law requires it.

3.8 Price and plan changes. We may change prices by notifying you by email at least 30 days in advance; the new price applies from the next renewal and you may cancel before then at no cost. You can upgrade your plan whenever you like (with immediate, prorated effect) and downgrade with effect from the next renewal.

3.9 Term and cancellation. The subscription is monthly and renews automatically. You can cancel it at any time from your account; it will take effect at the end of the month already paid. You will then have 30 days to export all your data, including bookings and your guests' profiles, in CSV format. After that period we delete it, except what we must keep by law. If you move to another provider, we will help you with the export at no cost. [REVISAR: Reglamento (UE) 2023/2854, de Datos]

3.10 Card guarantee: your Stripe account.

• If you want to ask for a card as a guarantee for bookings, you connect your own Stripe account to Tavolly (Stripe Connect). Sign-up is done inside Tavolly, but the account is yours and is governed by your terms with Stripe.
• When booking, the guest leaves their card saved in your Stripe account; nothing is charged. They are only charged if they do not show up or cancel outside the window you set, for the amount you set, and always on your instruction from the dashboard.
• The money goes directly to your account. Tavolly does not charge a commission on those payments and does not receive or hold that money. Stripe applies its own fees to you.
• Tavolly is not responsible for Stripe's decisions (verifications, blocks or holds) or for disputes or chargebacks initiated by your guests.
• The relationship with your guests (the booking, the service, the cancellation conditions and the charges) is between you and them. Tavolly only provides the tool and shows the guest your conditions before booking. You are responsible for ensuring that those conditions comply with the consumer regulations that apply to them. [REVISAR]

3.11 AI WhatsApp assistant (Pro plan).

• The assistant replies to your guests' WhatsApp messages using artificial intelligence: it checks availability, creates and cancels bookings and answers with the information you configure. When it does not know something or the guest asks, it hands the conversation over to your team.
• You need a WhatsApp Business account connected to Tavolly and to accept Meta's terms and policies. WhatsApp fees are charged by Meta directly to your account; they are not included in the Tavolly fee.
• Fair use: up to 1,000 conversations per month per venue. If this is regularly exceeded, we will let you know to find a solution.
• The assistant always introduces itself as an automated assistant. [REVISAR: art. 50 del Reglamento (UE) 2024/1689]
• AI can make mistakes. You must keep the information you configure correct and review the conversations. The assistant does not give advice on allergies or health: it refers those questions to your team.
• Tavolly is not responsible for WhatsApp interruptions, changes or blocks, or for commitments arising from incorrect information you have configured.

3.12 Acceptable use. You may not use Tavolly to send commercial messages without consent, process guests' data without a legal basis or for purposes other than managing bookings and the relationship with your customers, publish unlawful or misleading content, try to access other people's data, overload the service, reverse engineer or resell Tavolly without permission. If you do, we may remove the content and suspend your account (point 3.17).

3.13 Availability and support. We work to keep Tavolly always available, but we do not guarantee an uninterrupted service or a specific level of availability. We will give advance notice of scheduled maintenance and carry it out outside service hours where possible. Email support at hello@tavolly.com, Monday to Friday from 9:00 to 18:00 (Madrid time). If we withdraw an essential feature of your plan, we will give you 30 days' notice and you may cancel at no cost.

3.14 Your data and your guests' data. The data you enter in Tavolly is yours. As regards your guests' data, you are the controller and Tavolly the processor, under the Data Processing Agreement, which forms part of these terms. You must inform your guests and have a legal basis to process their data; Tavolly shows on your booking page the information text of section 5. We may use aggregated, anonymous data to improve Tavolly, without identifying you or your guests.

3.15 Intellectual property. Tavolly (software, design, brand and documentation) is ours; we grant you a non-exclusive, non-transferable licence to use it for the duration of the subscription. You keep the rights to your content (logo, photos, texts) and allow us to use it only to provide the service to you. If you send us suggestions, we may use them with no obligation to pay.

3.16 Liability. Each party is liable for the damage it causes by breaching these terms. Tavolly's total liability is limited to what you have paid in the 12 months before the event giving rise to the claim. Tavolly is not liable for indirect damage, loss of profit or loss of customers or reputation, or for failures of third-party services (Stripe, Meta, internet providers). These limitations do not apply in the event of wilful misconduct or gross negligence, or where the law does not allow them. [REVISAR]

3.17 Suspension and termination. We may suspend or cancel your account if you do not pay, if you seriously breach these terms, if your use puts the security of the service at risk or if the law requires it. Except in urgent cases, we will notify you first and give you a reasonable period to put it right. If we cancel your account without any breach on your part, we will refund the proportional part of the fee paid. After cancellation, point 3.9 applies.

3.18 EU digital regulations. To report unlawful content or to contact us as an authority: hello@tavolly.com. [REVISAR: aplicación del Reglamento de Servicios Digitales (UE) 2022/2065 a las páginas de reserva]

3.19 Changes to these terms. If we make an important change, we will notify you by email at least 30 days in advance and you may cancel at no cost before it takes effect.

3.20 Miscellaneous. If a clause is void, the rest remains in force. Not exercising a right does not mean waiving it. We may assign this contract to a company of the same owner, notifying you in advance. If there are differences between languages, the Spanish version prevails.

3.21 Law and courts. These terms are governed by Spanish law. The parties submit to the courts of Barcelona. [REVISAR: validez frente a clientes de Francia e Italia]