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1. Agreement
By creating an account and using the service ("the Service"), you ("the Customer") agree to these Terms of Service. If you do not agree, do not use the Service.
The Service is intended for business use only. The statutory consumer right of withdrawal applicable to private individuals does not apply to business-to-business contracts.
The Service is operated by:
Tout Compris, a trade name of Macher B.V.
KVK: 92995551
VAT: NL866242958B01
Herengracht 320, 1016 CE Amsterdam
Website: www.toutcompris.nl
info@toutcompris.nl
2. The Service
The Service is a restaurant operations management application providing staff scheduling, stock management, HACCP compliance tools, sales tracking, VAT reporting, AI-assisted operational queries, and related operational features for restaurant operators.
The Service is provided as a web application accessible via browser, with optional installation as a Progressive Web App (PWA) on mobile and tablet devices.
3. Accounts and Access
- You must provide accurate information when creating an account.
- You are responsible for maintaining the security of your manager login credentials.
- You are responsible for the PIN codes issued to your staff members within the application.
- One account covers one restaurant or business location. Multi-location use requires a separate plan.
- You must be at least 18 years old and have authority to enter contracts on behalf of your business.
- You must not share your account with other businesses or resell access.
4. Acceptable Use
You may use the Service only for lawful restaurant operations management. You must not:
- Use the Service to process data for any purpose other than your own restaurant operations
- Attempt to reverse-engineer, copy, decompile, or redistribute the software
- Upload malicious files, viruses, or code that could compromise the system or other users' data
- Use automated tools, bots, scripts, or scrapers to extract data at scale
- Provide access to third parties without our written consent
- Attempt to gain unauthorised access to any part of the Service or its infrastructure
- Circumvent, disable, or interfere with any security-related features of the Service
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Use the Service in any way that violates applicable local, national, or international law or regulation
- Use the Service to compete with us or to develop a competing product or service
5. Subscription and Payment
- The Service is offered on a subscription basis, billed either monthly or annually, and renews automatically at the end of each billing period until cancelled.
- Your paid subscription begins when any free trial ends (see Section 6), or immediately where no trial applies; the first payment is taken then, and on each renewal date thereafter.
- Current pricing is displayed on our website and at the point of signup. Prices are exclusive of VAT, which is added where applicable.
- Payment is processed via Stripe. We do not store payment card details.
- You may cancel at any time via your account settings (the Stripe customer portal) or by emailing info@toutcompris.nl. Cancellation stops future renewals; it does not refund the period you are already in.
- Monthly plans: on cancellation, your access continues until the end of the current paid month. No partial refund is given for the remainder of that month.
- Annual plans: annual subscriptions are paid in advance for the full year and are non-refundable mid-term. On cancellation, your access continues until the end of the paid year, after which the subscription does not renew. No refund is given for unused months.
- We reserve the right to change pricing with at least 30 days' written notice to existing subscribers.
Early Adopter pricing: If you subscribed at an Early Adopter rate, that rate is locked for up to two (2) years from the start of your subscription, provided you remain a subscriber without a break in payment. After this two-year period, standard pricing applies, subject to at least 30 days' written notice of any change.
6. Free Trial
Where a free trial is offered:
- A 14-day free trial is offered. A payment card is required to start it, but no payment is taken during the trial period.
- The free trial is offered once per account. If an account has previously held a subscription (including a cancelled one), a new subscription on that account starts without a trial and the first payment is taken immediately.
- Full features are available during the trial.
- You may cancel at any time during the trial and you will not be charged.
- If you do not cancel, your selected plan (monthly or annual) begins automatically at the end of the trial and the first payment is taken; a paid subscription is required to continue accessing your data.
- Data entered during the trial is retained for 30 days after trial expiry if no subscription is started, then permanently deleted.
7. Data and Privacy
- You retain full ownership of all data you enter into the Service.
- We process your data as described in our Privacy Policy, which forms part of these Terms.
- You are the Data Controller for personal data of your staff or guests that you enter into the Service, or that your guests submit through your online booking page. We act as your Data Processor.
- You are responsible for obtaining any necessary consent from your staff to store their operational data in the Service, in line with applicable employment law.
- We are not responsible for the accuracy of data entered by you or your staff, including but not limited to allergen records, financial figures, VAT rates, or staff information. You remain solely responsible for verifying that data entered into the Service is correct and complete.
- On cancellation, you may export all your data via the built-in backup function before your subscription ends. Data is permanently deleted 30 days after cancellation.
- Our Data Processing Agreement (DPA) forms part of these Terms and takes effect automatically when you accept them or first use the Service on behalf of a business — no signature or separate form is required.
8. Availability and Support
- We aim for maximum availability but do not guarantee 100% uptime.
- Scheduled maintenance will be communicated in advance where possible.
- Support is provided via email at info@toutcompris.nl. We aim to respond within 2–3 business days during our current operating hours.
9. Limitation of Liability and Disclaimers
9a. Compliance tools — not professional advice
The HACCP templates, allergen matrices, regulatory references, and VAT calculation tools in the Service are provided as operational aids only. They do not constitute legal, food safety, or financial advice. You remain solely responsible for your own regulatory compliance under applicable law.
9b. Financial calculations
VAT calculations, food cost percentages, and payroll estimates are based on the rates and data you configure. You remain responsible for your own tax filings and payroll compliance. Always verify figures with a qualified accountant or tax advisor.
9c. AI Assistant
The AI Assistant feature provides responses generated by a third-party AI service (Anthropic). These responses are provided for operational convenience only and do not constitute professional, legal, food safety, financial, or medical advice. The accuracy and completeness of AI-generated responses cannot be guaranteed. You remain solely responsible for any decisions or actions taken based on AI-generated suggestions. We accept no liability for losses arising from reliance on AI Assistant output.
9d. Liability cap
To the maximum extent permitted by applicable law, our total liability for any claim arising from use of the Service is limited to the greater of: (a) the total amount you paid us in the three months immediately preceding the claim, or (b) the equivalent of three months of your current subscription rate.
We are not liable for indirect, consequential, loss-of-profit, or loss-of-data damages.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
10. Intellectual Property
The software, design, and documentation of the Service are owned by Macher B.V. You are granted a non-exclusive, non-transferable licence to use the Service during your active subscription period.
You retain all rights to the data and content you create within the Service.
11. Changes to the Service or These Terms
- We may update features of the Service at any time. We will communicate significant changes in advance.
- We will notify you by email at least 14 days before any material changes to these Terms take effect.
- Continued use of the Service after that date constitutes acceptance of the revised Terms.
- If you do not accept the revised Terms, you may cancel your subscription before the effective date.
12. Termination
- You may cancel your subscription at any time via your account settings or by emailing info@toutcompris.nl.
- We may suspend or terminate accounts that violate these Terms, with notice except in cases of serious or repeated violation.
- On termination for any reason, you have 30 days to export your data before it is permanently deleted.
13. Governing Law and Disputes
The governing law and jurisdiction that applies to your contract depends on where your business is established:
- EU-based customers: These Terms are governed by the laws of the Netherlands. Any disputes shall be subject to the jurisdiction of the competent courts of the Netherlands.
- UK-based customers: These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the jurisdiction of the courts of England and Wales.
- All other customers: These Terms are governed by the laws of the Netherlands. Any disputes shall be subject to the jurisdiction of the competent courts of the Netherlands.
Regardless of which law applies under this clause, the applicability of the United Nations Convention on Contracts for the International Sale of Goods (the CISG, also known as the Vienna Sales Convention) is excluded.
Before initiating formal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for a period of 30 days.
14. Service Management
We reserve the right, in our sole discretion, to:
- Monitor the Service for violations of these Terms
- Restrict or suspend access to accounts that violate these Terms or that pose a security risk
- Remove or disable any content or data that is unlawful, harmful, or excessively burdensome to our systems
- Take appropriate action, including reporting to law enforcement, where required by law or to protect our rights or the rights of other users
We will act reasonably and provide notice where practical before taking any of the above actions, except in cases of serious, repeated, or urgent violation.
15. Indemnification
You agree to defend, indemnify, and hold harmless Macher B.V. and its officers, employees, and agents from and against any loss, damage, liability, claim, or expense (including reasonable legal costs) arising out of or related to:
- Your use of the Service in violation of these Terms
- Your breach of any applicable law or regulation
- Your infringement of any third party's intellectual property or other rights
- Any data you enter into the Service, including personal data of your staff or guests
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims at your expense.
16. Electronic Communications
By using the Service and providing your email address, you agree to receive electronic communications from us, including account notifications, service updates, and legal notices. You agree that all agreements, notices, and communications we provide electronically satisfy any legal requirement that such communications be in writing.
This does not affect your right to opt out of marketing communications at any time.
17. General Provisions
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, internet outages, power failures, third-party service interruptions, natural disasters, or government actions.
Entire Agreement
These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Language
These Terms are drafted in English. Where we provide a translation (such as the Dutch version), the translation is offered for convenience only; if there is any difference in meaning between the English version and a translation, the English version prevails.
18. Contact
Tout Compris, a trade name of Macher B.V.
Herengracht 320, 1016 CE Amsterdam
Website: www.toutcompris.nl
General: info@toutcompris.nl
Privacy: info@toutcompris.nl