Terms of service and sale

These terms of service and sale (the “Terms”) govern access to and use of the gonnabook.it service. The service is published by Sudo Software, a French simplified joint-stock company (société par actions simplifiée, SAS) with a share capital of €1,000, registered with the Paris Trade and Companies Register (RCS) under number 902 520 188, whose registered office is at 15 rue des Halles, 75001 Paris, France (“we”).

The service is intended exclusively for food-service professionals acting for the purposes of their business. It is not intended for consumers.

The Terms are accepted at sign-up or when accepting an invitation, by ticking a box; the accepted version is recorded with the account. They prevail over any other document of the customer, unless otherwise agreed in writing. The data processing agreement in the annex forms an integral part of them.

• Service: the gonnabook.it online software for managing table bookings (back office, booking widget, e-mails and, once enabled, the other features described on the website).
• Customer or restaurant: the legal entity or sole trader that subscribes to the Service for one or more establishments.
• User: any person with access to the back office on behalf of the Customer (owner, manager, staff).
• Guest: the person who books a table with the restaurant, through the widget or through the restaurant’s team. Guests have no account.
• Widget: the restaurant’s booking page, hosted on form.gonnabook.it, which can be embedded in the restaurant’s website.
• Customer Data: the data entered or collected by the Customer through the Service, including bookings and the guest file.

Sign-up takes place online, on the gonnabook.it website. It creates the owner’s account, the organisation and the first restaurant. The Customer guarantees that the information provided is accurate and keeps it up to date.

The restaurant’s widget stays offline until the owner’s e-mail address has been confirmed.

The Customer invites the members of its team and gives them a role (owner, manager, staff). Each access is personal. The Customer is responsible for the use of the accesses it opens, for keeping passwords confidential and for removing the access of people who leave the establishment. Any fraudulent use must be reported to us without delay at contact@gonnabook.it.

Each new restaurant enjoys a 30-day free trial, with no payment method and no commitment, with all available features.

At the end of the trial, if the Customer does not subscribe, the widget goes offline and the back office remains available read-only; the Customer Data is not erased and can still be exported. It is deleted 12 months after the end of a trial without subscription, after a reminder by e-mail at least 30 days beforehand.

The subscription costs €49 excluding VAT per month and per restaurant, VAT added at the applicable rate. The Service takes no commission on bookings or on the amounts collected by the restaurant.

The subscription is invoiced monthly, in advance, by Sudo Software, according to the payment terms given to the Customer when subscribing. Invoices are sent by e-mail and are payable on receipt, no later than 30 days after their date of issue. No discount is granted for early payment.

Any late payment automatically incurs, after a formal notice that remains unanswered, late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, together with a fixed recovery fee of €40 (article L. 441-10 of the French Commercial Code). After a formal notice that remains unanswered for 15 days, we may suspend the Service under the “Suspension” article.

We may change the subscription price by notifying the Customer by e-mail at least 30 days in advance. The new price applies to the period following that notice; a Customer who refuses it may terminate before it takes effect.

The subscription has no minimum term; it runs from month to month and renews automatically each month.

The Customer may terminate at any time by e-mail to contact@gonnabook.it, or from the back office once this feature is offered there. Termination takes effect at the end of the current monthly period, already paid; no pro-rata refund is made.

We may terminate the subscription with 3 months’ notice, or without notice in the event of a serious breach by the Customer not remedied 15 days after a formal notice.

At the end of the contract, whatever the cause, the Customer may export its Data for 30 days; it is then deleted under the data processing agreement in the annex.

The Customer uses the Service for its intended purpose, in accordance with these Terms and the law. In particular, it undertakes to:

• process its Guests’ data lawfully, for specified purposes, and inform them, in particular through its own privacy policy and booking conditions;
• collect only the data that is necessary; health information (allergies, diets) is entered only when it is useful for serving the meal, with the Guest’s explicit agreement;
• send marketing messages only to Guests who have consented to them;
• enter no unlawful, abusive or discriminatory content, including in internal notes;
• not harm the security or proper operation of the Service (intrusion attempts, automated extraction, circumventing technical limits, reselling or making the Service available to third parties).

The restaurant remains solely responsible for its business, for welcoming its Guests, for its booking conditions and for the commitments it makes to them. The restaurant’s own conditions, shown in the widget, bind the restaurant only.

The widget is provided to the Customer in its restaurant’s colours, on a page hosted by us, and can be embedded in its website. The “Booking by gonnabook.it” mention is always shown and cannot be hidden.

On behalf of the restaurant, the Service sends Guests the messages related to their booking (confirmation, change, cancellation, reminder), with a personal link to view, change or cancel their booking. The Customer sets up these messages and is responsible for them.

Once text messaging is enabled, reminders and confirmations may be sent to Guests by text message. The sending conditions (included volume, any extra cost) will be given to the Customer before any activation, which will remain its choice.

Once the card guarantee feature is enabled, the restaurant will be able to ask its Guests to register a card to guarantee their booking, through the Stripe Connect payment service. The Customer will then have to open an account with Stripe and accept its terms; any amount charged for a no-show or a late cancellation will be paid directly to the restaurant, gonnabook.it taking no commission and never holding funds. The restaurant will remain solely responsible for its guarantee conditions and for informing its Guests of them.

For Users’ accounts, invoicing, the website and the security of the Service, Sudo Software acts as controller, as described in the privacy policy.

For Guests’ data (bookings, guest file), the Customer is the controller and Sudo Software acts as processor, within the meaning of article 28 of the General Data Protection Regulation (GDPR). The obligations of each party are set out in the data processing agreement in the annex.

The Customer remains the owner of the Customer Data, including its guest file. We use it only to provide the Service; we do not sell it, rent it or use it to market to Guests.

The Customer may obtain its guest file and its bookings at any time in a structured, commonly used format (CSV): from the back office once the export feature is available there, and in the meantime on simple request to contact@gonnabook.it, within 15 days. This is free of charge and remains available for 30 days after the end of the contract.

We may produce aggregated, anonymous statistics on the use of the Service, which identify neither the Customer nor the Guests, in order to improve it.

We use reasonable means to keep the Service continuously available, under a best-efforts obligation. The Service may be interrupted for maintenance; we strive to carry out planned work outside service hours and to announce it in advance when it is likely to disrupt use.

The Service’s features evolve; we may change them, provided that we do not substantially reduce the essential features subscribed to.

Support is provided by e-mail at contact@gonnabook.it, on business days, within a reasonable time. The Customer provides compatible Internet access and equipment at its own cost; we recommend keeping a way to view the day’s bookings in case its connection fails.

The Service, its software, brand and content remain our property. For the term of the contract, we grant the Customer a personal, non-exclusive and non-transferable right to use the Service for the needs of its restaurants.

The Customer retains all rights in its content (name, logo, photos, texts). It authorises us to reproduce and display it in the Service, the widget and the messages to Guests, solely for the purposes of the Service and for the term of the contract. It guarantees that it holds the necessary rights.

Each party is liable for the direct and foreseeable damage caused to the other by its breaches. We are not liable for indirect damage, such as loss of revenue, customers or opportunity, nor for the consequences of the unavailability of the Customer’s Internet access or of third-party services beyond our control.

The Service helps manage bookings; the restaurant remains responsible for organising its dining room and for its decisions towards Guests.

Except in the event of gross negligence or wilful misconduct, personal injury or a contrary legal provision, our total liability under the contract is limited, for all causes combined, to the amounts paid by the Customer for the 12 months preceding the event giving rise to liability. During the free trial, the Service is provided free of charge and this cap is set at €100.

Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code.

We may suspend all or part of the access to the Service, after a formal notice by e-mail that remains unanswered for 15 days, in the event of non-payment or a breach of these Terms by the Customer.

We may suspend access immediately, informing the Customer, where necessary to stop a threat to the security of the Service, a manifestly unlawful use, or on the order of an authority. The suspension is lifted as soon as its cause has ended. During a suspension, the Customer Data is kept and can still be exported.

We may update these Terms. Any change is announced to the Customer by e-mail and on the website at least 30 days before it takes effect, except for a change required by law or an authority, which applies within the time it sets.

A Customer who refuses the new version may terminate its subscription before it takes effect, at no cost. Continued use of the Service after that date constitutes acceptance. Previous versions remain available on request.

These Terms and their annex constitute the entire agreement of the parties on their subject matter. If a clause is held invalid, the others remain in force. Failure to enforce a breach does not waive the right to enforce it later.

The Customer may not assign the contract without our consent. We may assign it to a company taking over the Service, informing the Customer, who may then terminate.

The Customer authorises us to mention its restaurant’s name and logo as a commercial reference; it may withdraw this authorisation at any time by e-mail.

E-mails exchanged and the Service’s logs are evidence between the parties, unless proven otherwise.

These Terms are governed by French law. The parties first seek an amicable solution; the Customer may write to us at contact@gonnabook.it.

As the Service is reserved for professionals, consumer mediation does not apply.

Failing an amicable agreement within 30 days, any dispute relating to the formation, performance or interpretation of these Terms falls under the exclusive jurisdiction of the courts of Paris, including for summary proceedings, third-party claims or multiple defendants.