Terms and Conditions of Sale and Use

Article 1. Seller

The One Tap service is provided by Rayan Gousset, sole trader (entrepreneur individuel) trading under the name One Tap, registered with the Toulouse Trade and Companies Register under SIREN number 103 851 515 (SIRET 103 851 515 00017), whose business address is 1990 route du Plantaurel, 31860 Labarthe-sur-Lèze, France (“One Tap”).

Contact: rayazgousset@gmail.com. Website: onetap-nfc.com. Intra-EU VAT number: pending.

Article 2. Scope

2.1 These Terms and Conditions (the “Terms”) apply to every subscription to the One Tap service and every order of NFC cards placed by a Client.

2.2 One Tap sells only to professionals acting for the purposes of their business, such as restaurants, cafés, bars and hotels. The service is not offered to consumers.

2.3 The contract between One Tap and the Client (the “Contract”) consists of the Order and these Terms. If they conflict, the Order prevails. These Terms prevail over any general terms of purchase of the Client.

2.4 The Terms applicable to an Order are those in force on the date the Order is accepted. They are available at all times on onetap-nfc.com.

Article 3. Definitions

Client: the professional who subscribes to a Plan or orders Cards.

Establishment: a restaurant or other site of the Client where the Cards are used.

Order: the order form, quote or online sign-up accepted by the Client, which states the Plan, the payment option, the number of Cards and the Establishment(s).

Plan: the subscription chosen by the Client: Starter, Pro or Business.

Service: the One Tap digital menu platform, including the online menu editor, the AI assistant, the Bryan restaurant-management platform and the hosting of the Client’s menu.

Cards: the NFC cards placed on the tables, which open the Client’s digital menu.

Delivery Date: the date on which the Cards of the initial Plan are delivered or installed at the Establishment.

Minimum Period: the minimum term of the Plan, as set out in Article 5.

Menu Content: all content published on the Client’s digital menu, including dishes, prices, descriptions, allergens, photos and translations.

Article 4. Demo and Order

4.1 One Tap does not offer a free trial. Before signing, the Client may receive a free demonstration of the Service and one demo Card showing its own menu. The demo creates no obligation for the Client. The demo Card remains One Tap’s property and is deactivated if no Order is placed within 30 days.

4.2 The Contract is formed when the Client signs the Order or accepts it online, accepts these Terms and registers a means of payment with Stripe.

4.3 The Client must provide accurate information: company name, registered address, company number, intra-EU VAT number where it has one, and a contact person. Clients established in another EU member state must provide a valid VAT number, which One Tap may check in the European VIES database.

4.4 One Tap may refuse an Order for a legitimate reason, in particular an unpaid previous invoice or incomplete information.

Article 5. Plans

5.1 One Tap offers three Plans:

Starter: 1 Establishment, 10 Cards included, Minimum Period of 6 months, €79 excl. VAT per month or €395 excl. VAT per 6 months with upfront payment.

Pro: 1 Establishment, 20 Cards included, Minimum Period of 12 months, €99 excl. VAT per month or €1,089 excl. VAT per 12 months with upfront payment.

Business: 2 Establishments, at least 40 Cards included (20 per Establishment), or more if stated in the Order, Minimum Period of 12 months, €199 excl. VAT per month or €2,189 excl. VAT per 12 months with upfront payment.

Upfront payment includes one month free compared with monthly payment.

5.2 Every Plan includes, at no extra cost: the creation of the Client’s digital menu (including import from a PDF menu), the design, encoding and installation of the included Cards, access to the Service and to Bryan, updates to the Service, and support as described in Article 14.

5.3 The features of each Plan are those described on onetap-nfc.com on the date of the Order.

Article 6. Prices

6.1 Prices are in euros and exclude VAT. There is no setup fee and One Tap takes no commission on the Client’s sales.

6.2 VAT. For Clients in France, while One Tap benefits from the VAT franchise, invoices carry the mention “TVA non applicable, art. 293 B du CGI”. If One Tap becomes liable for VAT, French VAT is added at the applicable rate. For Clients established in another EU member state with a valid VAT number, invoices are issued without VAT under the reverse-charge mechanism (Article 196 of Directive 2006/112/EC), and the Client accounts for the VAT in its own country.

6.3 Prices are fixed for the current Minimum Period or renewal period. One Tap may change its prices for the following period by informing the Client by email at least 60 days before the renewal date. The Client may then cancel under Article 8.3.

Article 7. Billing and payment

7.1 All payments are made through Stripe, by card or SEPA direct debit. The Client authorises One Tap to charge the registered means of payment on each due date.

7.2 Monthly payment: the subscription is billed monthly in advance. The first invoice is issued on the Delivery Date.

7.3 Upfront payment: the full Minimum Period is billed in advance on the Delivery Date, and each renewal period is billed in advance on its first day.

7.4 Extra and replacement Cards are billed when ordered and are shipped once paid.

7.5 Invoices are issued electronically and sent by email. They are payable on their issue date. No discount is given for early payment.

7.6 Any late payment automatically incurs, without prior notice: late-payment penalties at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and a fixed recovery fee of 40 EUR per invoice (Article L441-10 of the French Commercial Code). If recovery costs are higher, One Tap may claim the difference on proof.

7.7 If a payment fails, One Tap may suspend the Service under Article 17.

Article 8. Duration, renewal and termination

8.1 The subscription starts on the Delivery Date for the Minimum Period of the chosen Plan: 6 months for Starter, 12 months for Pro and Business.

8.2 At the end of the Minimum Period, the subscription renews automatically for successive periods of the same length, unless the Client or One Tap cancels it in accordance with Article 8.3.

8.3 Either party may cancel by email at least 30 days before the end of the current period. The cancellation takes effect at the end of that period.

8.4 If the Client ends the subscription before the end of the current period, all remaining amounts for that period become due immediately. Amounts already paid for an upfront period are not refunded.

8.5 The Client may move to a higher Plan at any time. A new Minimum Period of the new Plan then starts on the date of the change, and amounts already paid are credited pro rata. A move to a lower Plan takes effect at the next renewal.

8.6 Either party may terminate the Contract if the other party seriously breaches it and does not remedy the breach within 30 days of a formal notice sent by email. If the Contract is terminated for the Client’s breach, Article 8.4 applies.

8.7 When the Contract ends, access to the Service ends and the Cards are deactivated. The Client may export its Menu Content for 30 days after the end of the Contract, after which One Tap deletes it, except where the law requires it to be kept.

Article 9. NFC Cards

9.1 The Cards included in the Plan are an accessory part of the subscription. They are used solely to give access to the Client’s digital menu. Their supply, customisation, encoding and installation are included in the price of the Plan and are not priced separately.

9.2 All Cards, including extra and replacement Cards, remain the property of One Tap. The Client may use them for the whole duration of its subscription, and must keep them in the Establishment and use them only for the Service.

9.3 The Client may order extra Cards at the following prices, excluding VAT:

1 Card: €5.50. Pack of 10: €50, i.e. €5 per Card. Pack of 20: €90, i.e. €4.50 per Card. Pack of 50: €200, i.e. €4 per Card. Pack of 100: €375, i.e. €3.75 per Card. More than 100: on quote.

Extra Cards are subject to the same terms of ownership and use as the included Cards.

9.4 Cards that are defective on delivery are replaced free of charge if the Client reports the defect within 15 days of delivery. Worn, lost, stolen or broken Cards are replaced at the price of extra Cards in Article 9.3.

9.5 At each renewal of the subscription, the Client receives free of charge the same number of Cards as included in its initial Order: 10 Cards on Starter, 20 Cards on Pro, and on Business the number stated in the Order, which is at least 40.

9.6 When the subscription ends, the Cards are deactivated and no longer give access to the menu. The Client may return them to One Tap or destroy them.

9.7 Delivery times given by One Tap are estimates. A delay does not entitle the Client to cancel the Order or to claim damages, unless it exceeds 30 days after a formal reminder.

Article 10. The Service

10.1 One Tap grants the Client a non-exclusive and non-transferable right to use the Service, for its Establishment(s) and for the duration of the Contract.

10.2 The Service is provided online. One Tap uses reasonable efforts to keep it available 24 hours a day, 7 days a week, but does not guarantee uninterrupted availability. Maintenance may interrupt the Service temporarily. One Tap will announce planned maintenance in advance where possible.

10.3 One Tap may improve and change the Service, provided the essential features of the Client’s Plan are kept.

10.4 The Client is responsible for its own equipment and internet connection. Guests need a smartphone with NFC or an internet connection to open the menu.

10.5 The forecasts, suggestions and analyses provided by Bryan are for guidance only. The Client remains solely responsible for its business decisions, including staffing, purchasing and pricing.

Article 11. Menu Content and AI assistant

11.1 The Client is solely responsible for its Menu Content, in particular the accuracy of prices, dish descriptions and allergen information required by Regulation (EU) No 1169/2011, and its compliance with the law.

11.2 The AI assistant can create, translate, import or change Menu Content at the Client’s request. The Client must check all such content before publishing it. One Tap is not liable for errors in content generated or changed by the AI assistant that the Client has published.

11.3 The Client guarantees that it holds the rights to the photos, logos, texts and other materials it provides. It grants One Tap, for the duration of the Contract, the right to host, reproduce, adapt and display them for the sole purpose of providing the Service.

11.4 One Tap may remove or block Menu Content that is clearly unlawful, after informing the Client.

Article 12. Intellectual property

12.1 The Service, its software, the Bryan platform, the One Tap brand and logos, and the designs of the Cards and menus created by One Tap are and remain the property of One Tap. The Contract transfers no intellectual property right to the Client, other than the right of use in Article 10.1.

12.2 The Client may not copy, modify, decompile or resell the Service, or allow a third party to do so.

12.3 The Menu Content remains the property of the Client.

Article 13. Personal data

13.1 Each party complies with the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

13.2 One Tap processes the personal data of the Client’s contacts as data controller, to manage the Contract, billing and support, as described in its privacy policy, available on the Privacy page of this site.

13.3 Where One Tap processes personal data on behalf of the Client through the Service, for example staff data in Bryan, it acts as a processor under Article 28 GDPR. One Tap then: processes the data only on the Client’s documented instructions and to provide the Service; ensures that the people authorised to process the data are bound by confidentiality; takes appropriate technical and organisational security measures; uses only the sub-processors listed in its privacy policy, including its hosting provider (Google Firebase) and its payment provider (Stripe), and informs the Client of any change; helps the Client respond to requests from data subjects and informs it without undue delay of any personal data breach; deletes or returns the data at the end of the Contract, under Article 8.7.

Article 14. Support

14.1 One Tap provides support by email at contact@onetap-nfc.com on business days, from Monday to Friday, and aims to reply within 2 business days.

14.2 The Client updates its menu itself through the online editor or the AI assistant. On request, One Tap helps the Client with its changes.

Article 15. Confidentiality and references

15.1 Each party keeps confidential the non-public information it receives from the other party under the Contract, during the Contract and for 2 years after it ends.

15.2 One Tap may mention the Client’s name and logo as a reference in its sales and marketing materials, unless the Client objects by email.

Article 16. Liability

16.1 One Tap undertakes to use all reasonable means to provide the Service (obligation de moyens).

16.2 One Tap is liable only for direct damage proven by the Client and caused by a fault of One Tap. One Tap is not liable for indirect damage, such as loss of turnover, profit, customers or data, or damage to reputation.

16.3 One Tap’s total liability under the Contract, all causes combined, is limited to the amounts paid by the Client in the 12 months before the event giving rise to the claim.

16.4 These limits do not apply in case of gross negligence or wilful misconduct, or where the law does not allow them.

16.5 The Client is liable for its Menu Content and for the use it makes of the Service and the Cards.

Article 17. Suspension

17.1 If an invoice remains unpaid 15 days after a reminder sent by email, One Tap may suspend access to the Service and deactivate the Cards until full payment. The amounts due for the suspension period remain payable.

17.2 One Tap may also suspend the Service immediately if the Client’s use of it seriously threatens the security of the Service or breaks the law. One Tap informs the Client without delay.

Article 18. Force majeure

Neither party is liable for a failure caused by force majeure as defined in Article 1218 of the French Civil Code. The obligations concerned are suspended while the event lasts. If it lasts more than 60 days, either party may terminate the Contract by email, without compensation.

Article 19. Changes to these Terms

One Tap may update these Terms. It informs the Client by email at least 30 days before the new version applies. The new version applies from the Client’s next renewal date. If the Client does not accept it, it may cancel under Article 8.3.

Article 20. Language

These Terms are written in French. English and Dutch translations are provided for information. If they differ, the French version prevails.

Article 21. General provisions

21.1 One Tap may transfer the Contract to any company that takes over its business, in particular a company formed by its founders. The Client is informed by email, and the Contract continues on the same terms. The Client may not transfer the Contract without One Tap’s written consent.

21.2 If a clause of these Terms is held invalid, the other clauses remain in force.

21.3 The fact that a party does not enforce a clause at a given time does not mean it waives that clause.

Article 22. Governing law and disputes

22.1 The Contract is governed by French law.

22.2 The parties will first try to settle any dispute amicably, within 30 days of a written notice from either party.

22.3 Failing an amicable settlement, any dispute relating to the Contract falls under the exclusive jurisdiction of the Commercial Court of Toulouse, France, including for summary proceedings and where there are several defendants.