Terms of use and terms of service

These terms govern the use of the maxilog-resto.com website (part A) and the supply of Maxilog software and services to restaurants (part B). They are offered by Maxilog Software, a single-member limited company (SUARL) under Tunisian law, Ksar Zaouia, 4170 Zarzis, Tunisia, National Business Register no. 1783380M (“Maxilog”). Further company details are in our legal notice.

The French version of these terms is the reference version and prevails over any translation.

Part A. Using the website

A1. Access

The website is free to use. You can browse it, request a demo or a quote, contact us and read our articles. We may change the website, suspend access for maintenance or develop it at any time.

A2. Your commitments

You agree to give accurate information in the forms and not to use the website in a way that disrupts it or infringes the rights of others: automated form submissions, intrusion attempts, bulk harvesting of content or unlawful content.

A3. Website content

The text, illustrations, logos and software on the website belong to Maxilog or its partners. You may view them and quote short extracts with the source. Any other reproduction requires our written consent. Articles on the website are general information: they are not legal, tax or accounting advice.

A4. Personal data and cookies

How we process your data and use cookies is described in our privacy policy.

Part B. Terms of service for restaurants

B1. Who the services are for

Maxilog services are for businesses only: restaurants, restaurant groups and franchises acting for the purposes of their trade (the “Customer”). They are not offered to consumers. People who order from a Customer’s restaurant are that restaurant’s customers, not Maxilog’s: their order is a contract between them and the restaurant.

B2. Contract documents

The contract consists of, in decreasing order of precedence: the quote or order form signed by the Customer, which sets the products, price and term; these terms, including clause B9 on personal data. If they conflict, the higher document prevails, except for clause B9, from which a quote may depart only by saying so expressly. The Customer’s general purchasing conditions do not apply unless Maxilog agrees in writing.

B3. The service

Maxilog provides remotely, on a subscription basis, the software chosen in the quote from its platform: online ordering, mobile app, ordering kiosk, table ordering, till, waiter terminal, kitchen display, order status screen, delivery, stock, marketing and back office. The service includes hosting, updates and the support set out in the quote.

Maxilog develops its software: it may add, change or remove features, without significantly reducing the essential features set out in the quote during the contract.

The Customer provides and maintains its own equipment (tablets, printers, payment terminals, screens, kiosks) and internet connection, unless the quote provides for Maxilog to supply equipment.

B4. Accounts and access

The Customer chooses who has access to its customer area and software, and gives each person a role. It makes sure everyone keeps their login details confidential, and tells us without delay if it suspects unauthorised access. Actions taken with the Customer’s login details are deemed to be taken by the Customer, unless it shows that Maxilog was at fault.

B5. The Customer’s responsibilities

The Customer remains in sole control of its business. In particular, it is responsible for:

• its menu and prices: products, descriptions, photos, displayed prices, promotions and delivery charges, which it enters and keeps up to date itself;
• mandatory information for its customers: allergens, origin of meat, “homemade” claims, alcohol health warnings, and its own terms of sale;
• the content it publishes through Maxilog (text, images, social media posts, review replies): it warrants that it holds the rights to it and that it complies with the law, including French rules on alcohol advertising (loi Évin), prices and promotions;
• its orders, their preparation and delivery, and its relationship with its customers, including complaints and refunds;
• its tax, accounting and employment obligations, including keeping its till data and records;
• its accounts with third parties that it connects to Maxilog (payment provider, Uber Eats, Deliveroo, social networks), whose terms it accepts;
• informing its customers about how their data is processed, as the controller.

The Customer must not use the service for any unlawful activity, resell access to it, try to get around its security or copy its software.

B6. Prices and payment

Prices are set in the quote and are exclusive of taxes. Taxes are added as the applicable rules require. Where VAT is due from the Customer under the reverse-charge mechanism, the Customer accounts for it.

Invoices are payable within 30 days of their date, unless the quote sets a different due date, within the 60-day limit set by Article L441-10 of the French Commercial Code. No discount is given for early payment.

Any amount unpaid on its due date automatically bears late-payment interest from the following day, at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. A fixed recovery fee of €40 is also due, and Maxilog may claim further compensation, with evidence, if its recovery costs exceed it.

Fees charged by the Customer’s payment providers remain the Customer’s responsibility.

B7. Availability and support

Maxilog uses reasonable means to keep the service available at all times, without guaranteeing uninterrupted availability or a numerical service level, unless the quote provides one. The service may be interrupted for maintenance, where possible outside service hours and after notifying the Customer, or in case of an incident. Maxilog is not liable for interruptions caused by the Customer’s equipment or connection, or by third-party services (network operators, payment providers, delivery platforms, social networks).

Support can be reached through the channels given in the quote and in the customer area.

B8. Customer data and ownership

The Customer remains the owner of the data it enters or that its business generates (menu, orders, customers, revenue). It grants Maxilog the right to use that data solely to provide the service. Maxilog remains the owner of its software, brand and documentation: the Customer receives a personal, non-exclusive right of use for the term of the contract. Maxilog may use anonymous, aggregated statistics, which identify neither the Customer nor its customers, to improve its services.

B9. Personal data protection

For the personal data of the Customer’s customers and staff, the Customer is the controller and Maxilog is a processor within the meaning of Article 28 GDPR. This clause is the data processing agreement between them.

Description of the processing.

• Subject matter and nature: hosting, operation and maintenance of the software chosen in the quote, and support;
• purpose: enabling the Customer to take, prepare, collect payment for and deliver its orders, and to manage its customers, loyalty, reviews, staff and communication;
• data subjects: the Customer’s customers, staff and delivery riders;
• data: identity and contact details, delivery addresses, orders and payments (without card numbers), loyalty, reviews, notification tokens, staff login details and action log;
• duration: the term of the contract, then the return period set out below.

Maxilog’s commitments. Maxilog undertakes to:

• process this data only on the Customer’s documented instructions, which are the contract and the settings the Customer makes in its software, including for transfers outside the European Union, and tell the Customer if it believes an instruction breaches data protection law;
• keep the data confidential and make sure the people authorised to access it do the same;
• take the security measures required by Article 32 GDPR, described in the privacy policy;
• use only the sub-processors listed in that policy, which the Customer generally authorises. Maxilog informs the Customer of any addition or replacement by updating that list and by email; the Customer may object on legitimate grounds within 30 days and, if no solution is found, terminate the service concerned at no cost. Maxilog imposes the same data protection obligations on each sub-processor and remains liable to the Customer for their performance;
• safeguard transfers outside the European Union. The European Commission’s standard contractual clauses (Implementing Decision (EU) 2021/914, module 2, controller to processor) are incorporated into the contract for access by Maxilog’s staff from Tunisia, with the Customer as data exporter and Maxilog as data importer. Their annexes are completed by the description above and by the security measures in the privacy policy, and those clauses prevail in case of conflict;
• help the Customer, through appropriate measures, to respond to requests from data subjects and to meet its obligations on security, breach notification, impact assessments and prior consultation;
• notify the Customer of any personal data breach affecting it without undue delay after becoming aware of it, with the information it needs for its own notification;
• at the end of the contract, return to the Customer the data it asks for within the period set in clause B11, then delete it, unless the law requires it to be kept;
• make available the information needed to demonstrate compliance with these obligations, and allow audits, including inspections, by the Customer or an auditor it appoints who is bound by confidentiality and is not a Maxilog competitor, on at least 30 days’ notice and no more than once a year except after a data breach or at an authority’s request. Each party bears its own costs.

B10. Liability

Maxilog’s obligations are obligations of means (best efforts). Each party is liable only for the direct and foreseeable loss caused by its proven fault. Loss of revenue, profit or customers and damage to reputation are not compensated under the contract.

Each party’s total liability under the contract is limited to the amounts paid by the Customer in the twelve months before the event giving rise to the loss. This limit does not apply to the Customer’s payment of the price, to gross negligence or wilful misconduct, to personal injury, or where the law prohibits it. It is part of the economic balance of the contract and is reflected in the price.

Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code.

B11. Term, suspension and termination

The contract takes effect when the quote is signed, for the term set out in it, and renews on its conditions.

Maxilog may suspend access to the service if an invoice remains unpaid 15 days after its due date, after warning the Customer by email. It may also suspend it, after notice except in an emergency, if the security of the service is threatened or the use is clearly unlawful. Access is restored as soon as the cause has been removed.

Either party may terminate the contract if the other seriously breaches its obligations and does not remedy the breach within 30 days of formal notice sent by registered letter or by email with acknowledgement of receipt.

When the contract ends, the Customer may ask for a copy of its data in a common format for 3 months. After that, the data is deleted, unless the law requires it to be kept, and then disappears from backups as they are replaced, within 6 months at most.

B12. Confidentiality

Each party keeps confidential the other’s information it learns of (prices, figures, technical data), during the contract and for 5 years after it ends, as long as the information has not become public.

B13. References

Maxilog only names the Customer or uses its logo as a reference with its consent.

Part C. General provisions

C1. Changes

Maxilog may change these terms. The new version is published on this page with its date. For contracts in progress, it applies 30 days after the Customer has been notified by email. If the Customer does not accept it, it may terminate its contract at no cost before that date. A change cannot alter the price or the term set in the quote.

C2. Severability

If any clause of these terms is held void or unenforceable, it is deemed not written and the other clauses remain in force.

C3. Governing law and disputes

These terms are written in French, which prevails over any translation, and are governed by French law. In the event of a dispute, the parties first seek an amicable solution for 30 days. Failing that, and between businesses, the dispute is brought before the competent courts within the jurisdiction of the Paris Court of Appeal, including where there are several defendants or third-party claims, unless a mandatory rule of jurisdiction provides otherwise.

C4. Contact

Maxilog Software
Ksar Zaouia, 4170 Zarzis, Tunisia
contact@maxilog-resto.com