Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using the Nine Tables platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Services

Nine Tables, operated by Nine Systems AS (org.nr. 936732046), provides a cloud-based software-as-a-service (SaaS) restaurant reservation management platform. The Service includes table booking management, customer communication tools (SMS and email), booking pages, analytics, and related features. The specific features available may vary and are described on our website.

3. User Accounts and Responsibilities

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorised use of your account
  • One account per restaurant location unless on a multi-location plan

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Free Trial

We may offer a free trial period for new users. During the trial, you have access to the full Service. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. We reserve the right to modify or discontinue the free trial at any time without notice.

5. Payment Terms

By subscribing to a paid plan, you agree to the following payment terms:

  • Subscription fees are billed monthly or annually in advance
  • SMS credits are purchased separately and are non-refundable
  • Prices may change with 30 days advance notice
  • Failed payments may result in service suspension after a grace period
  • Refunds are handled on a case-by-case basis

6. Price Changes

We reserve the right to modify our pricing at any time. If we change our prices, we will provide you with at least 30 days' notice before the new prices take effect. The notice will be sent to the email address associated with your account. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the updated fees.

7. Refund Policy

All subscription fees paid after the free trial period are non-refundable. SMS credits are non-refundable once purchased. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period, but no refunds will be issued for unused time.

8. Data Ownership

You retain all ownership rights to the data you submit to the Service ("Customer Data"). This includes restaurant information, customer records, reservation data, and any other content you provide. We do not claim ownership of your Customer Data. Upon termination of your account, you may request an export of your data, which we will provide in a commonly used format.

9. Data Processing and GDPR

When we process personal data on your behalf (such as guest booking information), we act as a data processor and you act as the data controller. You are responsible for ensuring that your collection and use of personal data complies with all applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. You are responsible for obtaining necessary consents from your guests and for compliance with data protection laws in your jurisdiction.

10. Service Availability

We strive to provide reliable and uninterrupted access to the Service. However, we do not guarantee any specific uptime or availability. The Service is provided on a "best effort" basis. We may perform scheduled maintenance, and we will try to notify you in advance when possible. We are not liable for any service interruptions, whether scheduled or unscheduled.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • The service is provided "as is" without warranties of any kind
  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the fees paid in the preceding 12 months
  • We are not responsible for guest no-shows or cancellations
  • We do not guarantee uninterrupted or error-free service

This limitation of liability does not apply to liability arising from our gross negligence or willful misconduct, or to any liability that cannot be excluded or limited by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nine Systems AS, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Termination

Either party may terminate this agreement as follows:

  • You may cancel your subscription at any time through the billing settings
  • We may suspend or terminate accounts that violate these terms
  • Upon termination, your data will be retained for 30 days before deletion

Upon termination, your right to access the Service ends. We will retain your data for 90 days after termination, after which it will be permanently deleted unless required by law to retain it longer.

15. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. If we make material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

16. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. The arbitration shall be conducted in Bergen, Norway, and the language of arbitration shall be English. The arbitral award shall be final and binding on both parties. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law principles. For any matters not subject to arbitration, the exclusive jurisdiction shall be the Bergen tingrett (Bergen District Court), Norway.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nine Systems AS regarding the Service and supersede all prior agreements and understandings, whether written or oral.

20. Contact Information

If you have any questions about these Terms, please contact us:

Nine Systems AS, Bergen, Norway, Email: [email protected]