Terms of Use

1. Purpose

These Terms of Use (hereinafter the "Terms") set out the terms and conditions under which JAYE Tech (hereinafter the "Publisher") makes the SaaS software solution "Comptoir by JAYE" (hereinafter the "Service") available to restaurant professionals (hereinafter the "Client" or the "Restaurant Owner").

2. Description of the Service and Role of the Publisher

Comptoir by JAYE is a software platform that enables:

• The creation and hosting of a digital menu.
• The generation of unique QR codes for table-side ordering by end customers.
• The reception and display of orders on a "Kitchen Display" (KDS) interface.

Important: Comptoir by JAYE acts exclusively as a technical service provider. The Service does not process any financial transactions between end customers and the Restaurant Owner. Payments are collected directly by the Restaurant Owner using their own payment methods.

3. Technical Requirements (Hardware and Network)

The Service is provided "without hardware". It is the Restaurant Owner's responsibility to provide, at their own expense, the necessary devices (tablets, smartphones, computers) and to ensure they have a stable and sufficient Internet connection at their premises to guarantee real-time order reception. The Publisher cannot be held liable for any malfunction related to the Restaurant Owner's hardware or an Internet outage at their premises.

4. Pricing, Free Trial and Changes

The Service offers a 14-day free trial. After this period, the Service is billed as a monthly subscription, according to the plan chosen by the Restaurant Owner:

• Essential (Dine-in): EUR 15.99 / month
• Pro (Fast-food & Counter): EUR 20.99 / month
• Ultimate (Delivery & Takeaway): EUR 30.99 / month

VAT not applicable, art. 293 B of the French General Tax Code. JAYE Tech does not charge any commission on orders.

The subscription is commitment-free and automatically renewed. The Client may cancel at any time from their admin panel.

The Publisher reserves the right to modify its pricing. Any price change will be communicated to the Client at least 30 days before taking effect, allowing them to cancel the Service if they do not accept the new pricing.

5. Obligations and Responsibilities of the Restaurant Owner

The Restaurant Owner is solely responsible for:

• The accuracy of the information published on their menu (prices, ingredients, allergen information).
• The preparation, quality and delivery of orders.
• The actual collection of payments from their customers.

The Publisher disclaims any liability in the event of a dispute between the Restaurant Owner and their end customers regarding the provision of the catering service.

6. Availability and Limitation of Liability

The Publisher is bound by an obligation of means regarding the availability of the Service (target uptime 24/7), but reserves the right to interrupt access for maintenance operations.

In the event of a Service malfunction causing proven damage to the Restaurant Owner, the Publisher's liability is strictly limited to the repair of direct and foreseeable damages only. In any event, the total amount of compensation that the Publisher may be required to pay shall not exceed the amounts actually paid by the Restaurant Owner for the Service during the twelve (12) months preceding the event giving rise to the damage.

7. Intellectual Property

JAYE Tech retains exclusive ownership of all intellectual property rights relating to the Service (source code, interface, brand identity, "Comptoir" trademark). The Client is granted a personal, non-exclusive and non-transferable licence to use it for the duration of their subscription.

The Client retains ownership of the content they upload to the Service (menu text, logos, photographs).

The Client warrants that they hold all necessary rights (copyright, image rights, third party rights) to the photographs and images they upload to the Service, including product photos and storefront cover images, and that their publication does not infringe any third party rights.

8. Personal Data

The processing of personal data in connection with the Service is governed by our Privacy Policy, in compliance with the GDPR. The Restaurant Owner also undertakes to comply with applicable regulations if they export or process their end customers' data outside the Service.

9. Governing Law and Jurisdiction

These Terms are governed by French law. In the event of a dispute, and failing amicable resolution, exclusive jurisdiction is granted to the competent courts within the jurisdiction of the Paris Court of Appeal.