Terms of Service
These terms govern your use of Thezi. They are accepted electronically when you set up your venue, and they form a contract between you and us. If you do not accept them, do not use the Services.
1. Parties
These terms are between:
Datatreehaus, a sole trader business established in England and Wales ("we", "us", "our"); and
the business that accepts these terms through the Thezi dashboard ("you", "your").
Datatreehaus is not a limited company. It is the trading name of a sole trader, who is personally the contracting party. The name of that individual and our full postal address are available on request from hello@thezi.app, and will be stated here in full once the business is incorporated. We are not currently registered for VAT; if we become VAT registered, VAT will be added to the Fee at the prevailing rate from the date of registration.
2. Your account, and what is agreed
2.1 The commercial details of this agreement are the ones recorded in your account: the business accepting, the venue or venues you set up, the plan you are on, and the date you accepted. Those records, together with these terms, are the agreement between us. There is no separate order form.
2.2 You confirm that the person accepting these terms is authorised to enter into this agreement on behalf of the business named in the account.
2.3 You are responsible for the accuracy of the business and venue details you enter, including your legal name, address and contact details.
3. Definitions
Services: the Thezi platform, comprising the diner-facing booking pages, the venue dashboard, the API and any assistant or integration surface we make available to you.
Venue: each premises you set up in your account.
Diner: an individual who makes or attempts to make a booking through the Services.
Diner Data: personal data relating to Diners processed through the Services.
Cancellation Fee: a charge you apply to a Diner in respect of a cancellation or non-attendance.
Fee: the amount payable for your plan under clause 5.
Early Access: the period during which the Services are provided free of charge under clause 5.1.
Marketing Consent: a Diner's agreement to receive marketing from your Venue, recorded through the Services.
Waitlist: the record you keep in the Services of a party waiting for a table on a given day.
Diner Privacy Notice: the notice we make available on your booking page describing how Diner Data is handled. It is written on the basis that you are the controller and we are the processor.
DPA: the Data Processing Agreement, which forms part of this agreement.
AUP: the Acceptable Use Policy, which forms part of this agreement.
4. The Services
4.1 We grant you a non-exclusive, non-transferable right to use the Services for your Venue or Venues, for the duration of this agreement.
4.2 The Services are hosted on third-party infrastructure (currently Cloudflare).
4.3 We may modify, add to or remove features. Where a change materially reduces functionality you rely on, we will give you at least 30 days' written notice and you may terminate under clause 6.3.
4.4 The Services are licensed for your own Venues only. You may not resell them, make them available to another business, or use them for a site you do not operate.
4.5 Availability of features is not uniform. Some features are marked as planned, in preview, or unavailable on your plan. Nothing in our marketing material forms part of this agreement.
5. Fees and payment
5.1 Early Access is free. While your account is in Early Access, no Fee is payable, no card is required, and there is no trial period after which you are charged automatically.
5.2 We will give you at least 30 days' written notice before Early Access ends for your account. At the end of that notice period you may choose a paid plan, or stop using the Services. We will not charge you anything without you choosing a plan.
5.3 Paid plans are charged monthly in advance at the prices published on our website at the time you choose a plan. The published price at the date of this draft starts at £20 per month per Venue, excluding VAT.
5.4 We do not take a commission, a percentage of your bookings, or a charge per cover, and we take no share of any Cancellation Fee. This is a term of this agreement, not only a description of our current pricing.
5.5 If you do not pay on time we may charge interest and recover costs under the Late Payment of Commercial Debts (Interest) Act 1998, and we may suspend the Services on 7 days' written notice until payment is made. Suspension does not relieve you of the obligation to pay.
5.6 We may increase the Fee once in any 12 month period on 60 days' written notice. If you do not accept the increase you may terminate under clause 6.2 before it takes effect.
5.7 Fees already paid are non-refundable except where we terminate in breach of these terms.
6. Term and termination
6.1 This agreement begins when you accept these terms and continues month to month until terminated.
6.2 Either party may terminate for convenience on 30 days' written notice. During Early Access you may stop using the Services at any time, with no notice and nothing to pay.
6.3 You may terminate on 30 days' written notice if we make a change under clause 4.3 that you do not accept.
6.4 Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within 14 days of being asked to remedy it, or becomes insolvent.
6.5 Your data leaves with you. On termination we will, if you ask within 30 days, provide an export of your booking data in a common machine-readable format. After that period we may delete it. Deletion of personal data is governed by the DPA.
6.6 On termination you should revoke our access to your payment provider account (clause 8.4), and we will cease using it.
7. No service level commitment
7.1 The Services are provided without any uptime, availability or performance guarantee. There is no service level agreement, no committed uptime percentage, and no service credits.
7.2 The Services depend on third-party infrastructure and on usage allowances within the plans we hold with those providers. They may be unavailable because of those providers, because of allowance limits, because of maintenance, or for other reasons.
7.3 You must maintain an independent means of taking and recording bookings that does not depend on the Services, and you are responsible for falling back to it if the Services are unavailable. We are not liable for bookings not taken, revenue not earned, or covers not filled during any period of unavailability.
8. Your responsibilities
8.1 You are the data controller in respect of Diner Data. You are responsible for the lawfulness of the data collected through the Services and for making a diner privacy notice available to Diners.
8.2 Access to your account. Each person who uses the dashboard signs in with their own credentials. You are responsible for who you give access to, for removing access when someone leaves, and for everything done through your account. Do not share a single login between people: the record of who did what is only as good as that practice.
8.3 API keys and automated access. You may create API keys from your dashboard, including keys that identify their holder as an automated agent rather than a person. You are responsible for every action taken with a key you have issued, for keeping keys secret, and for revoking any key that is no longer needed or may have been exposed. Where you allow software to act on your behalf, you remain responsible for what it does, including bookings it takes, changes it makes and messages it sends to Diners.
8.4 Payments and Cancellation Fees. Where you take card details or charge Cancellation Fees, this happens through your own account with a payment provider, which you connect and may disconnect yourself. You are the merchant of record. Every Cancellation Fee is a manual action taken by a person on your side. You are responsible for having a lawful, clearly communicated cancellation policy, for applying it fairly and consistently, and for handling every Diner complaint, dispute, chargeback or refund arising from one. You are responsible for your own arrangement with the payment provider and for complying with their terms.
8.5 You will comply with the AUP.
8.6 You are responsible for the accuracy of the venue information, table configuration, services, opening times and policies you enter, and for the availability you therefore offer to Diners.
8.7 Third-party listing surfaces. If you ask us to list your Venue on a third-party booking surface (for example a search engine's reservation integration), you confirm that you are authorised to have that listing made, and you will tell us promptly if that ceases to be true. Those surfaces impose their own requirements on us, including removing a venue within a set period when a relationship ends, and we may remove your listing at any time in order to comply.
8.8 Marketing to Diners. Whether your booking page asks a Diner about marketing is your decision, made in your dashboard and off until you make it, as is which of the two styles it uses: an empty box (consent under regulation 22(2) of the Privacy and Electronic Communications Regulations 2003) or a pre-ticked box the Diner can clear (the soft opt-in at regulation 22(3), which is available only for your own similar offers, to an address obtained in the course of serving them, and only while every message carries an opt-out). We record your choice, the exact wording shown and the time it was agreed. Marketing Consent never crosses venues: a Diner who agrees to hear from one venue has not agreed to hear from any other, and we do not operate, sell or share a cross-venue diner list. You may use Marketing Consent recorded through the Services only for marketing your own Venue, only while it stands, and you must stop promptly when it is withdrawn. Complying with those Regulations in what you send — including a working unsubscribe in every message — is yours, and where you export the list, protecting the exported copy and keeping it in step with withdrawals is yours too.
8.9 Allergy, dietary and other health information. The booking form includes a free-text field in which a Diner may describe allergies, dietary requirements or a medical condition. Information of that kind is special category data under Article 9 UK GDPR. We ask for the Diner's explicit consent at the point of entry, and the field is available to you so that you can prepare for their visit. You must use it only for that purpose, share it only with staff who need it, and not use it for marketing, profiling or any purpose the Diner would not expect. Do not record health information about a Diner anywhere else in the Services.
8.10 The Waitlist. Where you switch it on, the details your staff type into it are Diner Data like any other and clause 8.1 applies to them. Use them to seat that party; do not add someone to a marketing list because they stood at your door.
9. Intellectual property
9.1 We own all intellectual property rights in the Services, including their software, design and documentation. Nothing here transfers those rights to you.
9.2 You own your booking data and your venue content, including the name, branding and colours you configure. You grant us a licence to host, process and display it as needed to provide the Services.
9.3 We may state that you are a customer, and use your venue name and logo for that purpose, unless you tell us in writing not to. We will stop within a reasonable period of being asked.
10. Warranties
10.1 We warrant that we will provide the Services with reasonable care and skill.
10.2 Except as stated in clause 10.1, and to the fullest extent permitted by law, the Services are provided on an "as is" basis and all other warranties, conditions and terms implied by statute or common law are excluded.
11. Liability
11.1 Nothing in these terms limits or excludes either party's liability for:
(a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be limited or excluded.
11.2 Subject to clause 11.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
(a) loss of profit, revenue, bookings or covers; (b) loss of business, contracts or opportunity; (c) loss of anticipated savings; (d) loss of or damage to goodwill or reputation; (e) loss or corruption of data, save to the extent caused by our breach of the DPA; (f) any failure, outage, restriction or change by a third-party provider, including our hosting provider, your payment provider and any listing surface; (g) any Cancellation Fee charged, or not charged; (h) any action taken through the Services by software acting on your behalf under a key you issued; or (i) any indirect or consequential loss.
11.3 Subject to clause 11.1, our total aggregate liability arising out of or in connection with this agreement in any 12 month period is limited to the greater of (a) £1,000 and (b) the total Fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim. Where the Services have been provided free of charge, our total aggregate liability is limited to £1,000.
11.4 You acknowledge that the Fee is set on the basis of the allocation of risk in this clause 11, and that the Fee would be materially higher without it.
12. Indemnity
12.1 You will indemnify us against all losses, damages, liabilities, costs and expenses (including reasonable legal fees) we incur arising out of or in connection with:
(a) any claim, complaint or chargeback by a Diner relating to a Cancellation Fee applied by you or on your behalf; (b) your breach of clause 8 or of the AUP; (c) any claim that your collection or use of Diner Data was unlawful, save to the extent caused by our breach of the DPA; (d) any use of your account, or of a key issued from it; and (e) any claim that you were not authorised to have your Venue listed on a third-party surface under clause 8.7.
13. Data protection
13.1 The parties will comply with the DPA, which forms part of this agreement. You are the controller and we are the processor in respect of Diner Data.
13.2 Where the DPA conflicts with these terms, the DPA prevails in respect of the processing of personal data.
13.3 We make the Diner Privacy Notice available on your booking page on your behalf, as a starting point that describes what the Services actually do. It does not discharge your obligation under clause 8.1: you remain responsible for your own privacy notice, for checking that what it says is true of your Venue, and for telling us if it is not.
14. Confidentiality
Each party will keep confidential any non-public information disclosed by the other in connection with this agreement and will use it only for the purposes of this agreement. This does not apply to information that is public, independently obtained, or required to be disclosed by law.
15. General
15.1 Acceptance. These terms are accepted by electronic confirmation in the dashboard. We record the name entered, the timestamp, the originating IP address and the version of each document accepted, and we retain that record for the term of this agreement and for six years afterwards. Where these documents change materially, acceptance is requested again. Continued use of the Services following a request for acceptance that has not been given is not, by itself, acceptance.
15.2 Changes to these terms. We may amend these terms on 30 days' written notice. If an amendment materially disadvantages you, you may terminate under clause 6.2 before it takes effect.
15.3 Notices. Notices are given in writing: to you, at the contact email on your account; to us, at hello@thezi.app. Email notices are deemed received on the next business day.
15.4 Assignment. You may not assign this agreement without our written consent. We may assign it to a successor of the Datatreehaus business, including on incorporation.
15.5 Entire agreement. These terms, your account records, the DPA and the AUP form the entire agreement between the parties and supersede any prior discussion or arrangement.
15.6 No partnership. Nothing here creates a partnership, joint venture or employment relationship.
15.7 Third parties. No one other than the parties has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999. Diners have no rights under this agreement.
15.8 Severance. If any provision is found unenforceable, the rest continues in force.
15.9 Governing law. This agreement and any dispute arising from it is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.