Terms and Conditions of Service
Last Updated: 20.11.2025
This is a revised Terms and Conditions template tailored for a European company, SC Gemicosis SRL, based in Romania, operating the waiter-call-systems.com website.
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of the website located at https://waiter-call-systems.com/ (the "Website") and all related services, features, content, applications, and products offered by SC Gemicosis SRL, a company registered under the laws of Romania ("The Company", "we", "us", or "our"), including the iResWaiter and iResKitchen applications and the underlying waiter call system (collectively, the "Service" or "System").
By accessing or using the Website and the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Website and the Service and must discontinue use immediately.
2. The Service
The Service provides a proprietary digital communication solution for the hospitality industry, enabling communication between customers, waiters, and kitchen staff, primarily through the use of digital interfaces (e.g., QR codes, NFC tags) and associated mobile applications (iResWaiter and iResKitchen).
2.1. Access and Use: Access to and use of the Service is licensed to the Customer on a subscription or per-use basis, as outlined in your specific Service Agreement or Order Form.
2.2. Required Infrastructure: The Service relies heavily on the Customer’s existing infrastructure, including, but not limited to, reliable internet access (Wi-Fi or cellular data), compatible smartphones/tablets, and functional printing of QR codes or installation of NFC tags. The Company is not responsible for any failures or interruptions of the Service resulting from the Customer’s infrastructure or internet connection issues.
3. Customer Obligations and Restrictions
3.1. Account Registration: You agree to provide accurate and complete information during the account registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.
3.2. Lawful Use: You agree to use the Service only for its intended commercial purpose, which is to facilitate staff/customer communication and operational efficiency within your hospitality venue. You must comply with all local, Romanian, and European Union laws and regulations when using the Service.
3.3. Prohibited Activities: You agree not to:
Use the Service to transmit any unauthorized advertising, promotional materials, or spam.
Interfere with or disrupt the integrity or performance of the Service.
Attempt to gain unauthorized access to the Service or its related systems or networks.
Sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit the Service to any third party who is not an authorized employee or guest of your registered venue.
Use the Service in any way that harasses, abuses, or violates the rights of any person or entity.
4. Fees, Payments, and Billing
4.1. Payment Terms: All fees for the Service are billed on a [Monthly/Annual] basis or as otherwise specified in your Service Agreement. Payments are due on the date specified on the invoice.
4.2. Automatic Renewal: Unless otherwise stated in your Service Agreement, your subscription will automatically renew for successive periods equal to the current term (e.g., monthly or annually), and you authorize us to charge the applicable fees to your designated payment method upon renewal.
4.3. Cancellations and Refunds: [Insert specific cancellation policy here, e.g., “You may cancel your subscription at any time by providing 30 days written notice. Cancellation will be effective at the end of the current billing cycle. Payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods.”]
5. Intellectual Property
5.1. Company IP: All intellectual property rights in the Website, the Service, the software (iResWaiter and iResKitchen apps), the design, text, graphics, and the selection and arrangement thereof, are owned by The Company or its licensors. Your use of the Service grants you a limited, non-exclusive, non-transferable, revocable license to use the System components solely for your internal business operations.
5.2. Customer Data: You retain all ownership rights to the data you generate and store through the use of the Service (e.g., service call logs, response times, menu data). You grant The Company a non-exclusive, worldwide, royalty-free license to use this data to provide, maintain, and improve the Service, including the use of aggregated and anonymized data for analytical and marketing purposes.
6. Data Protection and Privacy
6.1. General Data Protection Regulation (GDPR): In providing the Service, The Company acts as a Processor of personal data (e.g., employee details, customer IP addresses/browser data) on behalf of the Customer, who is the Controller. Both parties agree to comply with their respective obligations under the General Data Protection Regulation (EU) 2016/679 (GDPR).
6.2. Privacy Policy: All information collected from you or your customers through the Service is subject to our Privacy Policy, which is available on the Website. By using the Service, you consent to the collection and use of information as described in the Privacy Policy. The Customer is responsible for ensuring their use of the Service is compliant with all relevant data protection laws, including providing adequate privacy notices to their own employees and patrons.
7. Disclaimer of Warranties and Limitation of Liability
7.1. Disclaimer: THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
7.2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE ROMANIAN AND EU LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE [SIX (6) MONTH] PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
8. Indemnification
You agree to indemnify and hold The Company, its subsidiaries, affiliates, officers, agents, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Service in breach of these Terms; (b) your breach of any representation or warranty set forth in these Terms; or (c) your violation of any law or the rights of a third party.
9. Governing Law and Dispute Resolution
9.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Romania and, where applicable, the laws of the European Union.
9.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the competent courts in Bucharest, Romania.
10. Modifications and Interruptions
The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of the Service after the date such revised Terms are posted constitutes your acceptance of the new Terms.
11. Contact Us
If you have questions or comments regarding the Service or these Terms, please contact us at:
+40743 026 834 or office@waiter-call-systems.com