Terms & Conditions

1. Definitions

• “Platform” — the Choktse SaaS application, including websites hosted on subdomains of choktse.com and custom domains, the backoffice dashboard, APIs, and related services.
• “Customer” — a business entity or individual who registers for a Choktse account to use the Platform.
• “End User” — a visitor or customer of a Customer's business who interacts with a Customer's website hosted on the Platform.
• “Content” — text, images, menus, and other materials uploaded or created by a Customer on the Platform.

2. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials. Notify us immediately of any unauthorised access.
• You must be at least 18 years old, or the age of legal capacity in your jurisdiction, to create an account.
• One person or entity may not maintain multiple free accounts.

3. Services and Availability

The Platform provides hospitality businesses with tools for website creation, online reservations, menu management, staff scheduling, and related services.

• We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.
• We may modify, suspend, or discontinue features with reasonable notice. Material changes to paid features will be communicated at least 30 days in advance.
• Free tiers or trial periods may be offered at our discretion and may be withdrawn or modified at any time.

4. Customer Obligations

As a Customer, you agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms.
• Not upload content that is illegal, defamatory, infringing, or harmful.
• Not attempt to reverse-engineer, decompile, or disassemble any part of the Platform.
• Not use the Platform to send spam, phishing, or unsolicited communications.
• Comply with all applicable laws regarding your use of the Platform, including data protection laws when processing End User data.
• Ensure that your Content does not infringe the intellectual property rights of any third party.

5. Content and Intellectual Property

• You retain ownership of your Content. By uploading Content, you grant us a limited licence to host, display, and distribute it solely to provide the Platform services to you.
• All intellectual property in the Platform itself (code, design, templates, trademarks) remains owned by Choktse / tibet.dev.
• Templates provided by the Platform are licensed for use on the Platform only and may not be extracted or redistributed.

6. Data Protection

• We process personal data in accordance with our Privacy Policy.
• When you use the Platform to collect End User data (e.g. reservations, contact forms), you are the data controller and we act as your data processor. A data processing agreement is available upon request.
• You are responsible for providing appropriate privacy notices to your End Users and obtaining any necessary consents.

7. Pricing and Payment

• Subscription fees, if applicable, are communicated at the time of registration or upgrade and billed in advance on a monthly or annual basis.
• All prices are exclusive of VAT unless stated otherwise. VAT will be charged where required by Dutch or EU law.
• We reserve the right to change pricing with at least 30 days' notice. Price changes take effect at the start of your next billing period.
• Late payments may result in suspension of your account after a reasonable grace period and written notice.

8. Termination

• You may cancel your account at any time through the backoffice dashboard or by contacting us. Cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your account if you breach these Terms, after giving you reasonable notice and an opportunity to remedy where practicable.
• Upon termination, your website(s) will be taken offline. You may request export of your Content within 30 days of termination. After that period, we may delete your data.

9. Limitation of Liability

• The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
• Our total aggregate liability arising out of or in connection with these Terms shall not exceed the fees paid by you in the 12 months preceding the event giving rise to the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Platform, your Content, or your breach of these Terms, except to the extent caused by our negligence or wilful misconduct.

11. Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, or internet or telecommunications failures.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the Platform at least 30 days before taking effect. Continued use of the Platform after such notice constitutes acceptance of the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be submitted to the competent court in the Netherlands. If you are a consumer within the EU, you may also bring proceedings in your country of residence.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

15. Contact

Questions about these Terms? Contact us at support@choktse.com.