Meet FRANK BV Terms of Use

Meet FRANK BV, having its registered office at Villapark 1, 3051 BP Rotterdam, the Netherlands, Dutch Chamber of Commerce number 9717936, email frank@meetfrank.app.

2.1 Meet FRANK BV provides software that enables restaurants to manage, among other things, reservations, guest profiles, online payments, reports, marketing and integrations with third-party services. Meet FRANK BV is a technology provider and is not a restaurant, caterer, payment service provider or hospitality business.
 

2.2 Meet FRANK BV is not a party to, and accepts no responsibility for, the agreement between the Restaurant and its guests, including reservations, packages, cancellations, payments, complaints or disputes. The Restaurant is and remains fully responsible for the performance of that agreement and for compliance with all applicable laws and regulations (including those relating to hospitality, food, consumers and privacy).
 

2.3 Meet FRANK BV does not process payments itself. Where the Platform offers online payment functionality, such payments are processed by an external payment service provider. Meet FRANK BV is not a party to and accepts no liability for those payment services; see Article 9.
 

2.4 Meet FRANK BV will use reasonable efforts to keep the Platform available and reliable, but does not guarantee this. Unless expressly agreed otherwise in writing, Meet FRANK BV assumes obligations to use reasonable efforts only and never guarantees a specific result.

By accepting these Terms, you represent and warrant that: (a) you are authorised to enter into these Terms on behalf of the business operating the Restaurant; (b) that business has been duly incorporated and operates in accordance with applicable laws and regulations; and (c) Meet FRANK BV has not previously suspended or terminated the account of that business for a breach of these Terms.

4.1 An account is required to use Meet FRANK BV. You are responsible for providing accurate and up-to-date information, keeping login credentials secure, managing users and access rights within your organisation, and all activities conducted through your account—even where those activities are carried out by an employee, former employee or third party.

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4.2 You must immediately report any suspected misuse or unauthorised access to frank@meetfrank.app. Meet FRANK BV is not liable for any loss or damage resulting from a failure to comply, or to comply promptly or correctly, with this notification obligation.

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4.3 Accounts and login credentials may not be shared with persons outside your organisation without our prior written consent.

5.1 The subscription commences on the date stated in the agreement or order and is entered into for the agreed monthly, annual or other term.
 

5.2 Following the initial contract term, the subscription will automatically renew for successive periods equal to the original contract term, unless cancelled in due time by giving one (1) month's notice before the end of the then-current term. Cancellation must be made in writing via frank@meetfrank.app.
 

5.3 All prices are exclusive of VAT unless otherwise stated. Invoices must be paid within thirty (30) days of the invoice date (the statutory payment period between businesses pursuant to Article 6:119a of the Dutch Civil Code), unless otherwise agreed in writing.
 

5.4 If payment is not made on time, you will be in default by operation of law without any notice of default being required. Meet FRANK BV will then be entitled to charge statutory commercial interest and extrajudicial collection costs and to suspend access to the Platform until payment has been received in full, without prejudice to Meet FRANK BV's right to demand performance, damages and/or termination.
 

5.5 Meet FRANK BV may adjust its prices and will announce any price change affecting a current subscription at least thirty (30) days in advance. Costs charged by external suppliers, payment providers or for additional services may be billed separately and are beyond Meet FRANK BV's control.

6.1 Provided that you comply with these Terms, Meet FRANK BV grants you a limited, non-exclusive, non-transferable and revocable right to use the Platform solely for your own commercial restaurant operations.

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6.2 Except to the extent permitted by mandatory Dutch or European law, you may not: (a) reproduce, distribute, sublicense, sell, rent or otherwise make the Platform or any part thereof available to third parties; (b) reconstruct, decompile or otherwise reverse-engineer the source code; (c) circumvent or interfere with security, authentication or access-control mechanisms; (d) use the Platform to develop a competing product or service; or (e) disrupt the operation of the Platform for FRANK or other users, including by uploading malware or collecting data from other users without authorisation.

If you provide Meet FRANK BV with ideas, suggestions or feedback regarding the Platform, you hereby grant Meet FRANK BV an unlimited, perpetual, irrevocable, worldwide, non-exclusive and royalty-free right to use, process and exploit such feedback for any purpose, including the development and improvement of the Platform and other products and services, without any compensation being due to you.

8.1 All intellectual property rights in the Platform—including the software, source code, design, databases, documentation, text and trade name—are owned exclusively by Meet FRANK BV or its licensors. Nothing in these Terms transfers any such rights.
 

8.2 Data that you enter into or collect through the Platform ("Customer Data") remains the property of the Restaurant. You grant Meet FRANK BV a worldwide, non-exclusive, royalty-free right (including the right to sublicense to subcontractors and hosting providers) to host, store, process, display and use Customer Data to the extent necessary to provide, secure, maintain, analyse and improve the Platform and to comply with legal obligations. Article 11 (Privacy) applies in full to personal data contained in the Customer Data.
 

8.3 You represent and warrant that you are entitled to enter Customer Data into the Platform and that its use as contemplated by these Terms does not infringe any third-party rights (including intellectual property and privacy rights) or violate any applicable law or regulation.

9.1 Where the Platform provides functionality for deposits, advance payments, tickets, gift cards or credit card guarantees, the actual payment processing is performed by an external payment service provider and is subject to that provider's own terms. The Restaurant remains fully responsible for the accuracy of the amounts and conditions configured, refunds to guests, chargebacks, payment disputes, and their tax and administrative treatment.
 

9.2 Meet FRANK BV may be connected to third-party services (point-of-sale systems, payment providers, marketing platforms and other hospitality software). The Restaurant is responsible for obtaining the required third-party accounts, subscriptions and permissions. Meet FRANK BV does not guarantee that an integration will remain available or continue to operate without change, and is not liable for the operation, availability or policies of third-party services.

You agree not to use the Platform to: (a) violate any applicable law or regulation; (b) infringe third-party rights; (c) circumvent security measures; (d) distribute viruses, malware or other harmful code; (e) gain unauthorised access to the systems, accounts or data of Meet FRANK BV, other users or guests; (f) impersonate another person or falsely claim an affiliation; or (g) facilitate or encourage any of the foregoing. A violation may result in immediate suspension or termination pursuant to Article 13.

11.1 Our Privacy Policy and, where applicable, a separate data processing agreement between the parties apply to the processing of personal data. In the event of any conflict regarding the processing of personal data, the data processing agreement will prevail over these Terms.
 

11.2 The Restaurant is and remains the controller of its guests' personal data and is responsible for informing guests about such processing and obtaining any consent that may be required. Meet FRANK BV acts as a processor and processes Customer Data solely on behalf of and in accordance with the Restaurant's instructions, except where required by law.
 

11.3 Following termination of the agreement, Customer Data will remain available for export for ninety (90) days. Thereafter, Meet FRANK BV may delete or anonymise the data, except for data subject to a statutory retention obligation—for example, invoices and other financial or tax records must be retained for seven (7) years pursuant to Article 52 of the Dutch State Taxes Act. The Restaurant is responsible for exporting in a timely manner any data it wishes to retain.

The Platform may temporarily be less accessible or unavailable due to scheduled maintenance, technical failures, security updates, issues affecting hosting or integration partners, or circumstances beyond Meet FRANK BV's reasonable control. Where possible, we will announce maintenance expected to have a material impact in advance. Support is available by telephone, WhatsApp and email from Monday through Sunday; any additional service levels will be agreed separately. Meet FRANK BV is not required to provide support beyond that which has been expressly agreed.

13.1 Meet FRANK BV may suspend access to the Platform or terminate the agreement, in whole or in part, with immediate effect if: (a) invoices remain unpaid despite a payment reminder; (b) the Platform is used in breach of these Terms or applicable laws and regulations; (c) the Restaurant materially fails to perform its obligations; (d) Meet FRANK BV reasonably considers this necessary to protect the Platform, other users or third parties; or (e) Meet FRANK BV is legally required to do so. Where reasonable, the Restaurant will first be given an opportunity to remedy the breach within an appropriate period.

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13.2 You may terminate the agreement in accordance with Article 5.2.

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13.3 Upon termination: (a) the right to use the Platform will cease with immediate effect; (b) all payment obligations arising before the termination date will remain due in full and become immediately payable; and (c) Articles 6.2, 7, 8, 9.1, 11, 13.3, 14, 15, 16, 17 and 19 will survive termination and remain in full force and effect.

To the fullest extent permitted by applicable law, you will indemnify Meet FRANK BV, its directors, employees and engaged third parties against all third-party claims (including claims by guests, payment service providers and regulatory authorities), and all related damages, losses and reasonable legal costs, arising out of or relating to: (a) your use or misuse of the Platform; (b) your breach of these Terms or applicable laws or regulations; (c) the Customer Data or other content you make available through the Platform; or (d) a dispute between you and a guest or third party. Meet FRANK BV reserves the right, at its own expense, to assume the exclusive defence and control of any such claim, in which case you must provide all required cooperation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR UNINTERRUPTED AND ERROR-FREE OPERATION. MEET FRANK BV DOES NOT WARRANT THAT THE PLATFORM WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THAT ANY SUCH DEFECTS WILL BE REMEDIED.

MEET FRANK BV IS NOT RESPONSIBLE FOR LOSS OR DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF GUESTS, EXTERNAL PAYMENT SERVICE PROVIDERS OR OTHER THIRD PARTIES, OR FOR DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT IS NOT DIRECTLY CAUSED BY AN ATTRIBUTABLE FAILURE BY FRANK.
 

These exclusions are without prejudice to any warranties and rights that Meet FRANK BV cannot exclude under mandatory Dutch law.

16.1 Meet FRANK BV is liable only for direct loss or damage demonstrably resulting directly from an attributable failure by Meet FRANK BV to perform its obligations under these Terms.
 

16.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRANK WILL NEVER BE LIABLE FOR INDIRECT LOSS OR DAMAGE, INCLUDING CONSEQUENTIAL LOSS, LOSS OF PROFIT, LOST SAVINGS, LOSS OF REVENUE, LOST RESERVATIONS, REPUTATIONAL DAMAGE, BUSINESS INTERRUPTION OR STAGNATION, OR LOSS OR DAMAGE RESULTING FROM THE LOSS, DAMAGE OR CORRUPTION OF DATA.
 

16.3 Meet FRANK BV's total liability to the Restaurant, on any legal basis whatsoever, will be limited per event or series of related events to the amount paid out under Meet FRANK BV's liability insurance in the relevant case, plus the applicable deductible. If, for any reason, no payment is made under that insurance, liability will be limited to the amount actually paid by the Restaurant for the Platform during the twelve (12) months preceding the event giving rise to the loss or damage.
 

16.4 The limitations in this Article 16 and the exclusions in Article 15 do not apply to the extent that the loss or damage results from wilful misconduct or deliberate recklessness on the part of Meet FRANK BV's senior management, or to the extent that such limitations are not permitted under mandatory law (including liability for death or personal injury and liability that cannot be limited under the Dutch Product Liability Act).
 

16.5 The Restaurant must notify Meet FRANK BV in writing of any loss or damage as soon as possible and, in any event, within thirty (30) days after it discovered or reasonably should have discovered the loss or damage, and must give Meet FRANK BV the opportunity to investigate and remedy the alleged failure. Any claim for damages will lapse if legal proceedings have not been commenced within twelve (12) months after the claim arose.

Meet FRANK BV will not be required to perform any obligation where performance is prevented by force majeure, including, in any event: internet, network or power failures; cyberattacks; outages affecting hosting or integration partners; government measures; natural disasters; epidemics; strikes; and other circumstances beyond Meet FRANK BV's reasonable control.

18.1 Meet FRANK BV may amend these Terms unilaterally. Amendments of minor importance will take effect upon publication. We will announce amendments that materially adversely affect the Restaurant's rights or obligations at least thirty (30) days in advance. In that event, the Restaurant may terminate the agreement in writing, free of charge, within thirty (30) days of the announcement, with effect from the date on which the amendment takes effect and without observing the regular notice period.
 

18.2 Your continued use of the Platform after the effective date of an amendment constitutes acceptance of the amended Terms.
 

18.3 Meet FRANK BV may modify, expand or discontinue the Platform or any part thereof at any time. Meet FRANK BV is not liable for any loss or damage resulting from such modification or discontinuation, except to the extent that it directly results from an attributable failure by Meet FRANK BV.

19.1 These Terms and the agreement with Meet FRANK BV are governed exclusively by Dutch law.
 

19.2 The parties will first use reasonable efforts to resolve any dispute amicably. If the parties fail to resolve the dispute within thirty (30) days, it will be submitted to the competent court of the District Court of Rotterdam, without prejudice to Meet FRANK BV's right to submit the dispute to any other court of competent jurisdiction.

20.1 Entire agreement. These Terms, together with the Privacy Policy and any data processing agreement, constitute the entire agreement between the parties regarding the use of the Platform and supersede all prior agreements relating to this subject matter.

20.2 Assignment. The Restaurant may not assign any rights or obligations under these Terms without Meet FRANK BV's prior written consent. Meet FRANK BV may assign these Terms and the resulting rights and obligations, without consent, to an affiliated company or to a third party in connection with a merger, acquisition or transfer of business.

20.3 No waiver. Meet FRANK BV's failure or delay in exercising any right does not constitute a waiver of that right.

20.4 Severability. If any provision of these Terms is found to be void or voidable, the remaining provisions will remain in full force and effect, and the parties will replace the invalid provision with a provision that reflects the purpose of the original provision as closely as possible.

20.5 Electronic communications. You agree that Meet FRANK BV may provide notices, announcements and other communications to you electronically (including by email or through the Platform), and that these will constitute communications "in writing" to the extent required by law.

20.6 Contact. Questions regarding these Terms may be sent to Meet FRANK BV, Villapark 1, 3051 BP Rotterdam, the Netherlands, email frank@meetfrank.app.