Terms of Sale — Restaurant

Refers to the Suzzy SaaS platform accessible via suzzyapp.com, its back-office and all subdomains, applications and APIs.

Refers to SUZZY, SAS with share capital of €3,000, registered with the Paris Trade and Companies Register under number 102 900 487, with its registered office at 47 rue Vivienne, 75002 Paris, France. EU VAT number: FR40102900487.

Refers to any legal entity or individual operating a restaurant, café, bar, food truck or similar business activity, who has subscribed to a Suzzy Subscription. The Restaurant acts as a professional within the meaning of the French Consumer Code.

Refers to any customer of the Restaurant using the Services of the Platform (notably to book a table, participate in a loyalty program, play a game or leave a review).

Refers to all features offered by Suzzy to the Restaurant, as described in Article 5 of these Terms.

Refers to the contractual commitment subscribed by the Restaurant to access the Services, on a monthly, quarterly or annual basis.

Refers to the pay-as-you-go unit allowing the sending of one SMS message from the Platform. One credit equals one SMS billed at €0.20 excl. VAT.

Creation and management of a QR-code-accessible digital menu, with management of categories, items, prices, photos, allergens and multilingual translations.

24/7 online booking system, slot and time-window management, automatic confirmations, email and/or SMS reminders, no-show management, import of reservations from external sources (notably TheFork, subject to the Restaurant's rights).

Direct review collection from End Customers, integration of external reviews (Google Reviews, TripAdvisor, Facebook) via OAuth, response dashboard, AI-generated reply suggestions. The Restaurant is solely responsible for the content of published replies.

Digital loyalty program with management of tiers, points, rewards and dematerialized loyalty cards compatible with Apple Wallet and Google Wallet.

Promotional games (wheel of fortune, scratch, slot machine, dice, flip-card) without any obligation to purchase. The Restaurant agrees to comply with applicable French regulations on promotional lotteries (notably articles L322-1 et seq. of the Internal Security Code) and to configure games only in « free, no purchase required » mode.

Sending of SMS and email campaigns to End Customers having given prior and explicit consent, management of opt-in/opt-out consent in compliance with article L34-5 of the French Postal and Electronic Communications Code.

Customization of the theme, colors and visual elements of the Restaurant's mini-shop, hosted on a dedicated subdomain or domain.

The Subscription price is set at €89 excl. VAT per month (monthly), €237 excl. VAT per quarter (quarterly), or €828 excl. VAT per year (annual, equivalent to €69 excl. VAT/month). Prices exclude tax, usage fees (SMS Credits) and any specific add-ons. A free trial period may be offered subject to the offers in force.

Sending SMS from the Platform requires prior purchase of SMS Credits at €0.20 excl. VAT per credit. SMS Credits are sold in packs and debited per send. SMS Credits are non-refundable, except in case of technical failure attributable to Suzzy. SMS Credits are valid as long as the Subscription is active. Termination results in the loss of unused SMS Credits without compensation.

Indicated prices exclude tax. The applicable French VAT (currently 20%) is added to all invoices. Any VAT rate change applies immediately.

Subscription and SMS Credits payments are made by credit card via our payment service provider Stripe. The Restaurant agrees to provide and maintain valid payment details. In case of payment failure, Suzzy reserves the right to suspend access to the Services after notification.

The Subscription automatically renews by tacit renewal at the end of each billing period, for an identical duration, unless terminated under the conditions of Article 14. The Restaurant is notified of the upcoming renewal by email at least 7 days before the due date for annual subscriptions.

Pursuant to Article L441-10 of the French Commercial Code, any late payment automatically triggers, without need for notice:

• late penalties at 3 times the legal interest rate;
• a flat-rate indemnity of €40 for recovery costs, without prejudice to additional compensation if actual costs are higher.

Use the Services in compliance with applicable laws and regulations, particularly consumer protection, personal data protection, corporate law and food regulations.

Guarantee that all content published on the Platform (texts, photographs, prices, descriptions, brands, logos) is accurate, up-to-date and that it has all rights and authorizations necessary for its dissemination. The Restaurant refrains from publishing any illegal, counterfeit, defamatory content or content contrary to public order or morality.

The Restaurant warrants that it has legal and contractual authority to import, transfer or synchronize data from third-party platforms (notably TheFork, Google, TripAdvisor, Trustpilot) to the Platform. The Restaurant indemnifies Suzzy against any action, claim or conviction resulting from a breach of this obligation.

The Restaurant complies with applicable regulations on price display, allergen information (Regulation INCO 1169/2011), origin traceability (notably meats, fish), and any obligation arising from the Consumer Code and the Rural and Maritime Fishing Code.

In case of alcoholic beverage sales, the Restaurant remains solely responsible for compliance with legal provisions, notably the prohibition of sales to minors (Article L3342-1 of the Public Health Code) and the display of mandatory health notices.

Suzzy uses best efforts to ensure 24/7 Platform availability. The availability target is 99% on a monthly average, excluding scheduled maintenance and force majeure. Scheduled interruptions are, where possible, performed outside the Restaurant's service hours and notified at least 24 hours in advance.

Suzzy provides user support by email at [email protected], Monday to Friday from 9 a.m. to 6 p.m. Paris time, excluding public holidays. Suzzy aims to respond within reasonable timeframes, prioritizing within 24 business hours for critical production-affecting incidents.

Suzzy implements appropriate technical and organizational measures to preserve data confidentiality, integrity and availability: data encryption in transit (TLS), strong password policy, access control, regular backups and logging of sensitive operations.

The Platform and all its components (code, interfaces, brands, logos, texts, content) are the exclusive property of Suzzy or its partners and are protected by intellectual property law. The Subscription grants the Restaurant a personal, non-exclusive, non-transferable usage right, limited to the Subscription duration.

The Restaurant retains full intellectual property over the content it publishes. The Restaurant grants Suzzy a non-exclusive, worldwide, royalty-free license to use such content solely for providing the Services during the Subscription.

Unless objected to in writing by the Restaurant, Suzzy may cite the Restaurant's name and logo as a commercial reference (website, marketing materials, presentations). The Restaurant may withdraw this authorization at any time by emailing [email protected].

Suzzy uses best efforts to ensure Service quality. However, Suzzy's liability cannot be engaged for damages resulting from the Restaurant's misuse of the Platform, connectivity failures, force majeure or third-party actions.

In any event, and except for gross or intentional negligence by Suzzy, Suzzy's total cumulative liability under these Terms is limited to the total amount excl. VAT actually paid by the Restaurant under the Subscription during the twelve (12) months preceding the event giving rise to the damage.

Suzzy shall in no event be held liable for indirect damages, including: loss of revenue, loss of customers, loss of data (outside the technical backup scope), reputational harm, loss of profit.

The Restaurant may terminate its Subscription at any time from its account or by emailing [email protected]. Termination takes effect at the end of the current paid period. No pro-rata refund is granted for the current period.

Suzzy may terminate the contract automatically, without notice or compensation, in case of serious breach by the Restaurant, notably persistent payment default after a 15-day formal notice, fraudulent use, breach of Articles 7 and 10, or any obvious violation of the law.

Termination immediately ends Service access. The Restaurant's data is retained for 30 days after termination to allow recovery on request, then permanently deleted, except for legal retention obligations. Amounts due at the date of termination remain payable.

Pursuant to article L.221-3 of the French Consumer Code, the fourteen (14) day right of withdrawal applicable to consumers may, in certain cases, extend to professional Restaurants meeting both of the following conditions cumulatively:

• employing five (5) employees or fewer,
• entering into a contract whose subject matter does not fall within the main activity of the business.

For Restaurants not meeting these conditions (in particular those employing more than five employees, or whose main activity covers restaurant operations and associated digitalization), the right of withdrawal does not apply and this article 16 has no effect with regard to them.

Given the nature of the Services offered, namely a SaaS software solution whose performance begins immediately upon subscription through the provision of access and Services, and pursuant to articles L.221-25 and L.221-28 1° of the French Consumer Code, the right of withdrawal cannot be exercised for Services whose performance has begun, with the express agreement of the Restaurant, before the expiry of the fourteen (14) day period.

By subscribing to the Subscription and ticking the dedicated box provided for this purpose during the subscription flow, the Restaurant:

• expressly requests that performance of the contract begin before the expiry of the fourteen (14) day withdrawal period,
• acknowledges, in accordance with article L.221-25, that this request results in express waiver of the right of withdrawal upon first effective use of the Services,
• acknowledges having received, prior to subscription, clear and understandable information about this right and the consequences of waiving it.

This waiver is logged and retained by Suzzy (date, time, version of these Terms, IP address, Restaurant identifier) as evidence, in accordance with article L.221-25 of the French Consumer Code.

Without this constituting a contractual obligation, Suzzy may, at its sole discretion, accept a written cancellation request submitted within forty-eight (48) hours of subscription, only if effective use of the Services has remained non-existent or marginal. Any such request is sent to [email protected].

For any physical products marketed by Suzzy (promotional materials, display equipment), the professional Restaurant eligible under article L.221-3 has fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to justify their decision. To exercise this right, the Restaurant sends an unambiguous written declaration to [email protected] or by post to the registered office. Return costs are borne by the Restaurant.