Last updated: August 2024
Upsalt.io (“Upsalt”), operated by Upsalt SAS, a French corporation (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of Upsalt’s websites, applications, and services (collectively, the “Service”). By accessing or using the Service, you (“User” or “you”) agree to be bound by these Terms and our Privacy Policy.
“Content” refers to any data, text, software, scripts, graphics, photos, sounds, music, videos, communications, and other materials.
“User Content” means any Content that Users post, upload, or otherwise make available via the Service.
Upsalt.io provides a sophisticated digital platform designed to enhance the operational efficiency of hospitality businesses.
The Service is designed for lawful use by registered businesses and their Guests in the following industries:
Restaurants
Nightclubs
Bars and Pubs
Strip Clubs
Pop-Up Events
Cigar Lounges
Users are expected to utilize these services in good faith, adhering to all applicable laws and regulations.
The following are the key functionalities offered as part of the Service:
Upsalt.io offers a minimum spend feature that allows businesses to set a minimum spending limit for reservations. This tool helps businesses to optimize revenue, especially during peak hours or special events. Users agree to adhere to the minimum spend requirements set by the business when making reservations.
Our platform features an interactive table selection seatmap, enabling Guests to view and select specific tables at the time of their reservation based on real-time availability. This functionality aims to enhance the Guest experience by providing choice and transparency in the seating process.
Upsalt.io includes a bidding system that allows Guests to place bids for premium reservations during high-demand periods. This functionality is designed to create a dynamic pricing model that benefits both the Guest and the business. The bidding process is conducted fairly and transparently, with clear rules and parameters set by the participating business.
The services provided by Upsalt.io as described above are intended for lawful use by registered businesses and their Guests. Users of the service are expected to use these functionalities in good faith and in accordance with all applicable local, state, and federal laws and regulations.
While we strive to ensure the Service is available and accessible at all times, we cannot guarantee uninterrupted service due to the necessity of internet connectivity, scheduled maintenance, and factors beyond our control. We commit to communicating any known service interruptions in a timely manner.
Upsalt.io reserves the right to modify, enhance, or discontinue any aspect of the Service offerings at any time without prior notice. Changes may include additions, modifications, or removal of features to adapt to market needs, technological advancements, or regulatory requirements.
You must register for a user account to access the Service fully. By registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your account, including passwords, and agree to notify us immediately of any unauthorized use of your account.
User Content: You retain all rights to your User Content but grant Upsalt a worldwide, perpetual, non-exclusive, royalty-free license to use, host, store, reproduce, modify, communicate, and distribute such Content for the purpose of operating, promoting, and improving our Services.
All rights, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of Upsalt and its licensors, including any Intellectual Property Rights.
Users agree not to use the Service for any illegal or unauthorized purpose, to infringe on the intellectual property rights of others, or to reverse engineer, decompile, or extract any parts of the Service for unauthorized use.
SMS Payment Services: Upsalt offers services that can be paid for via SMS. By opting for SMS payment, you agree to the specific terms, conditions, and fees associated with these transactions.
Carrier Charges: You are responsible for any mobile carrier charges resulting from SMS payment transactions. Upsalt is not liable for any additional fees or charges applied by your mobile service provider.
Refunds and Cancellations: Services purchased via SMS are subject to our standard refund and cancellation policies, unless otherwise specified.
Certain aspects of the Service may be provided for a fee. Upsalt will detail the applicable fees and payment terms on the Service or via an agreement. Users agree to pay all applicable fees related to their use of the Service.
The Service and all content, materials, information, software, products, and services provided on the Service, are provided on an “as is” and “as available” basis. Your use of the Service is at your own risk. Upsalt expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Upsalt makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor does Upsalt make any warranty as to the results that may be obtained from the use of the Service.
Upsalt shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Upsalt has been advised of the possibility of such damages), resulting from the use or the inability to use the Service; the cost of procurement of substitute goods and services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service.
You agree to indemnify and hold Upsalt, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Upsalt by any third party due to or arising out of or in connection with your use of the Service.
This Binding Arbitration section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR UPSALT’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversies between you and Upsalt concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or Upsalt must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [Upsalt’s Email Address]. Upsalt will send any Notice of Dispute to your address if we have it, or otherwise to your email address. You and Upsalt will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Upsalt may commence arbitration.
If you and Upsalt do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the [Insert Arbitration Association]. Any arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and Upsalt. The arbitration shall take place in [Insert Location/City, Jurisdiction] or another mutually agreed location. You and Upsalt may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in [Insert Location/City, Jurisdiction] necessary to protect the rights or property of you or Upsalt pending the completion of arbitration. Any court with jurisdiction may enforce the arbitrator’s award.
The party initiating the arbitration will be responsible for paying any filing fee. Each party is responsible for their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
If Upsalt makes any future change to this arbitration provision, other than a change to Upsalt’s address for Notice of Dispute, you may reject the change by sending us written notice within 30 days of the change to Upsalt’s address for Notice of Dispute, in which case your account with Upsalt will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
If any clause within this Binding Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will remain in full force and effect.
Upsalt.io is committed to protecting the privacy and security of our users’ data. We adhere to the General Data Protection Regulation (GDPR) and other relevant data protection laws. Our practices are designed to provide a high level of data protection and privacy across all our services.
The personal data we collect is used solely for providing and improving our services, processing reservations, facilitating the bidding functionality, and ensuring the optimal functionality of our platform. We will not use personal data for any purposes unrelated to the services provided by Upsalt.io without explicit consent.
Users, as data subjects under the GDPR, have the right to access, rectify, erase, restrict, transfer, or object to the processing of their personal data. Users also have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including safeguards to prevent data loss, misuse, unauthorized access, disclosure, alteration, and destruction. We also conduct regular testing, assessment, and evaluation of the effectiveness of our technical and organizational measures.
If personal data is transferred outside of the European Economic Area (EEA), Upsalt.io ensures adequate protection, often through agreements that enforce data protection obligations equivalent to those required under the GDPR.
Personal data will not be retained for longer than necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Upon expiry of the applicable retention period, we will securely destroy your personal data in accordance with applicable laws and regulations.
In the event of a personal data breach, we will notify the appropriate supervisory authority within 72 hours, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons. Affected users will also be informed where the breach is likely to result in a high risk to their rights and freedoms.
Upsalt.io reserves the right to make changes to our data protection policies. Current information regarding our processing of personal data and how we comply with GDPR can be found in our Privacy Policy, accessible from our website.
If you have any questions regarding the processing of your personal data, or if you wish to exercise any of your rights under GDPR, please contact us at [Upsalt’s Contact Email Address].
These Terms are governed by the laws of [Jurisdiction] without regard to its conflict of law principles. All disputes under these Terms will be resolved by arbitration in [Location], except that Upsalt may seek injunctive relief in any jurisdiction.
Upsalt reserves the right to modify these Terms at any time. We will provide notice of these changes by posting the revised Terms and updating the “Effective Date” at the top.
You are responsible for maintaining the security of your account and data. Please notify us immediately of any unauthorized use of your account or any other breaches of security.
For any questions about these Terms, please contact us at [email protected].
