Effective Date: April 20
2025 Last Updated: April 20, 2025
This Software License Agreement ("Agreement") governs the use of the Revasi reservations management system ("Software") provided by Digics, a sole proprietorship (eenmanszaak) registered in the Netherlands with the Dutch Chamber of Commerce (KVK). By accessing or using the Software, you ("Customer") agree to be bound by the terms of this Agreement.
Software means the Revasi reservations management system, including all associated documentation, updates, and support services.
Subject to the terms of this Agreement, Digics grants to the Customer a non-exclusive, non-transferable, limited right to access and use the Software for internal business purposes only. The Customer may permit its employees and authorized contractors to use the Software solely for the Customer's benefit, provided that the Customer shall be responsible for all acts and omissions of such users.
The Customer shall not: Modify, adapt, translate, or create derivative works of the Software. Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software. Rent, lease, sell, sublicense, or otherwise transfer rights to the Software. Use the Software for any purpose other than its intended use in managing restaurant reservations.
All intellectual property rights in the Software, including but not limited to copyrights, trademarks, and trade secrets, are owned by Digics. The Customer acknowledges that no ownership rights are transferred under this Agreement.
The Customer retains all rights to the data entered into the Software by the Customer or its authorized users. Digics will not access, use, or disclose this data except as necessary to provide the Software services or as required by law. Digics will maintain appropriate technical and organizational measures to protect the Customer's data against unauthorized access or disclosure.
Digics will process personal data in accordance with its Privacy Policy and applicable data protection laws including the General Data Protection Regulation (GDPR) in the European Union.
The Customer shall pay the subscription fees as set forth in the order form or as otherwise agreed between the parties. Fees are based on subscriptions purchased and not actual usage. Unless otherwise specified, fees are invoiced annually in advance and due within thirty (30) days of the invoice date. All fees are non-refundable, except as expressly provided in this Agreement.
Digics reserves the right to suspend access to the Software if any fees remain unpaid thirty (30) days after the due date. All prices are exclusive of applicable taxes, which the Customer is responsible for paying.
This Agreement commences on the date the Customer first accesses the Software and continues until terminated. The initial subscription term is specified in the order form and will automatically renew for successive terms of the same length unless either party gives notice of non-renewal at least thirty (30) days before the end of the then-current term.
Either party may terminate this Agreement if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after written notice. Upon termination, the Customer shall cease all use of the Software and Digics will make the Customer's data available for download for a period of thirty (30) days.
Digics warrants that the Software will perform materially in accordance with the documentation provided. If the Software does not conform to this warranty, Digics will make commercially reasonable efforts to correct the non-conformity.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGICS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIGICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
DIGICS' TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Digics will provide technical support and maintenance services for the Software as specified in the service level agreement. Support includes assistance with Software functionality, troubleshooting, and bug fixes. Maintenance includes updates and enhancements to the Software made generally available to customers.
This Agreement is governed by the laws of the Netherlands without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications. This Agreement may not be modified except by a written document signed by both parties.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
For questions about this Agreement, please contact us at support@revasi.net or visit our website at https://www.revasi.net.