Version 0.3, 26 October 2026. The Polish version is binding. This English version is a translation.

Terms of Service

Contents

Please note in particular:

  • ResTable is provided free of charge and "as is": in its current state, without any warranty of availability, fitness for a particular purpose or freedom from errors (§11).
  • The phone assistant is an AI system and can make mistakes (§7.4).
  • Our liability is limited to intent and gross negligence and the other cases the law does not allow us to exclude (§12).

1. Who we are and who these terms are for

1.1 ResTable is provided by Tomasz Rusin, trading as "ResTable", ul. Ozimska 47, 45-057 Opole, Poland ("ResTable", "we"). Contact: hello@restable.net, phone +48 77 506 10 66.

1.2 These terms govern the use of ResTable by restaurants, cafés, bars and other hospitality businesses (the "Restaurant", "you"). ResTable is offered only to businesses (art. 43¹ of the Polish Civil Code, "KC"), for their trade. It is not offered to consumers.

1.3 By creating an account you confirm that you act for a business and are authorised to accept these terms for it.

1.4 The contract consists of these Terms of Service and the Data Processing Agreement. On data protection, the Data Processing Agreement prevails.

1.5 These terms are available free of charge at https://restable.net/legal/terms, before you sign up and for as long as the contract runs, in a form you can download, save and print (art. 8 of the Polish Act on Providing Services by Electronic Means, "UŚUDE").

1.6 Your own general terms of business do not apply, even if we do not expressly object to them.

2. Definitions

3. The Service

3.1 ResTable provides, in the version available at any time:

3.2 We develop the Service continuously and may change, add or remove functions (§10).

3.3 Some features are offered as previews and are marked as such.

3.4 To use the Service you need:

3.5 Using any service over the internet carries risks, such as malware, phishing and unauthorised access to accounts. Use up-to-date software, keep your login details secret and enable two-factor authentication (art. 6 UŚUDE).

4. Account

4.1 You must give true and complete details when you sign up and keep them up to date.

4.2 You are responsible for the accounts you create for your staff and for what they do in the Service. Keep passwords and second-factor devices safe, and tell us at once if you suspect misuse.

4.3 The contract is concluded when you complete the sign-up and accept these terms and the Data Processing Agreement. We may refuse a sign-up, or close an account that was opened with false details.

5. Free of charge

5.1 The Service is currently provided free of charge.

5.2 We may introduce fees in the future. We will tell you at least 6 weeks in advance, by e-mail, with the prices. Fees apply to you only if you agree to them. If you do not agree, the contract ends when the fees take effect, and you can export your data under §14.

6. Your responsibilities to your guests

6.1 You are the controller of your Guests' personal data, and ResTable is your processor under the Data Processing Agreement.

6.2 You must tell your Guests how their data is processed (Art. 13 and 14 GDPR). ResTable provides a guest privacy notice template for this. It is hosted for you at https://my.restable.net/privacy/{your venue} and linked from the Widget, from messages and from the phone assistant's opening. You are responsible for its content as it applies to your business, and for keeping your own details in it correct.

6.3 Your booking conditions (cancellation rules, deposits, no-show fees, minimum spend and similar) are part of your contract with the Guest. ResTable displays them in the Widget as you enter them. They are not a contract between the Guest and ResTable.

6.4 Allergies and dietary needs are health data. If you or your staff record them, you must have a legal basis, normally the Guest's explicit consent.

6.5 You may only send Guests marketing messages through or alongside the Service with their prior consent (art. 398 of the Polish Electronic Communications Law, "PKE"). Confirmations and reminders are not marketing.

6.6 You are responsible for the phone numbers and call forwarding you set up, and for having the right to divert calls to ResTable.

7. The Phone assistant

7.1 The Phone assistant is an AI system. It answers calls to your number in Polish or German. It:

7.2 Every call opens with a notice that the caller is speaking to an automated assistant, with a pointer to the guest privacy notice (Art. 50 EU AI Act). You may add your own greeting, but you must not remove, shorten or obscure that notice, and you must not instruct the assistant to claim to be a human.

7.3 Calls are transcribed. No audio recording is kept. Transcripts are kept as set out in the Data Processing Agreement, Annex 3.

7.4 The Phone assistant can make mistakes. It may mishear a caller, misunderstand a request, book the wrong time or give an answer that is wrong or out of date. You should:

7.5 The Phone assistant is not an emergency service and must not be presented as one.

7.6 We check the quality of your calls, including with automated tools, only to improve the service to you (Data Processing Agreement, §3.1(e)). We do not train AI models on your calls.

8. Acceptable use

You must not use the Service to:

We may remove content that clearly breaks this section, and suspend accounts in serious or repeated cases (see §17).

9. Data, intellectual property and feedback

9.1 Your data. Restaurant data belongs to you. You give ResTable the right to use it only as far as needed to provide the Service and as set out in the Data Processing Agreement. You can export it at any time in the Dashboard.

9.2 Our Service. ResTable and its licensors keep all rights in the Service, including its software and source code, its design, user interface and texts, the name "ResTable", the logo and all other branding, and every improvement to them, including improvements based on Feedback. For the duration of the contract you receive a simple (non-exclusive), non-transferable right to use the Service for your own business as these terms allow. You must not copy, modify, decompile or reverse-engineer it, except where the law expressly permits this (art. 75 of the Polish Copyright Act). You must not use our name or logo without our consent, except to tell your guests that you use ResTable.

9.3 Feedback. You are welcome to give us Feedback, but you do not have to. If you do, you may use it freely and ResTable may use it free of charge, worldwide and without time limit, in particular to improve the Service, without any obligation to you. Where Feedback is protected by copyright, you grant ResTable a non-exclusive, transferable licence, with the right to grant sub-licences, in these fields of exploitation: recording and copying it by any technique; changing, translating and adapting it and combining it with other works; incorporating it into the Service, its documentation and materials; and making it available to the public. We have no duty to act on Feedback. Do not include personal data of your Guests in Feedback, except where it is needed to report a fault (for example a screenshot), in which case the Data Processing Agreement applies.

9.4 Statistics. ResTable may use aggregated, anonymous statistics about how the Service is used (for example the number of calls answered) to run and improve it. They contain no personal data and nothing that identifies your business to others.

10. Availability, support and changes

10.1 We work to keep the Service available and to fix faults promptly, but we do not promise any particular availability. Maintenance, updates, faults in the public telephone network or the internet, and events beyond our control may interrupt it. Current status: stats.uptimerobot.com/VwOcD3d2Oj.

10.2 Support is available by e-mail at hello@restable.net and by phone at +48 77 506 10 66, daily from 9:00 to 20:00 (Central European Time).

10.3 We announce planned maintenance in advance where it is likely to interrupt the Service, and carry it out outside usual service hours where we can.

10.4 We may change the Service where this is reasonable for you, in particular for security, to comply with the law, or to improve it. We will tell you at least 30 days in advance before we remove a core function. You may then end the contract (§13).

11. "As is" — no warranty

11.1 The Service is provided free of charge and "as is", in the state it is in at any given time. We give no warranty or guarantee:

11.2 Liability under the statutory warranty for defects (rękojmia) is excluded, as permitted between businesses (art. 558 § 1 KC, applied accordingly). This does not apply to defects we concealed fraudulently.

11.3 §11.1 and §11.2 do not limit our liability under §12.1.

12. Limitation of liability

12.1 We are liable without limit for:

12.2 As long as the Service is free of charge, we are not liable for slight negligence, apart from §12.1 (compare art. 891 § 1 KC on a donor's liability).

12.3 If fees are introduced, we are liable for slight negligence only where we breach an essential obligation: one that the proper performance of the contract depends on and that you may regularly rely on. In that case our liability is limited to the damage that is typical and foreseeable for this kind of contract.

12.4 Subject to §12.1, we are not liable for:

12.5 Please tell us about any claim promptly, so that we can limit the damage. This does not shorten any limitation period.

12.6 These limits also apply in favour of our legal representatives, employees and the people we use to perform the contract.

13. Term and termination

13.1 The contract runs for an indefinite period. You may end it at any time, with immediate effect. We may end it with 30 days' notice.

13.2 Either party may terminate for good cause without notice. For us, good cause includes serious or repeated breach of §8.

13.3 Notice of termination may be given in the Dashboard or by e-mail.

14. Data export and switching provider

14.1 You may switch to another provider or to your own systems at any time. On request we will:

14.2 After your contract ends you have 30 days to download your data. After that period it is deleted as set out in the Data Processing Agreement, §11.

14.3 Where a switch requires a transition period, it is up to 30 days and may be extended once where technically necessary (Regulation (EU) 2023/2854, the Data Act).

14.4 We charge no fee for switching or for the data export.

15. Changes to these terms

15.1 We may change these terms only for one of these reasons:

15.2 We notify changes by e-mail at least 30 days before they take effect, and the e-mail points out that the new terms apply if you do not object. If you object before they take effect, the contract ends on that date. Otherwise the new terms apply. Fees always need your agreement (§5.2). This follows art. 384¹ KC.

16. Complaints

16.1 You can complain about the Service by e-mail to hello@restable.net, by phone, or by post to the address in §1.1. Please give your venue's name and your contact details, describe the problem and, where you can, say when it happened.

16.2 We answer complaints within 14 days of receipt, by e-mail unless you ask otherwise.

17. Reports of unlawful content

17.1 Anyone can report content in the Service they believe to be unlawful (for example in an announcement or the Widget) to hello@restable.net (Art. 16 Digital Services Act). Please say where it is and why you think it is unlawful.

17.2 If we remove content or restrict an account because of such a report or under §8, we tell the person affected and give our reasons. They can ask us to review the decision.

17.3 Our contact points for authorities and for users are in the Legal Notice.

18. Governing law, courts and language

18.1 Polish law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.

18.2 Disputes are decided by the common court with jurisdiction over our address in Opole. This does not apply where §20 or mandatory law gives you a different court.

18.3 These terms exist in Polish, German and English. The Polish version is binding; the German and English versions are translations. If they differ, the Polish version prevails.

19. Final provisions

19.1 If any provision is invalid, the rest of the contract remains valid. The statutory rule replaces the invalid provision.

19.2 You may not transfer the contract without our consent. We may transfer it, together with the Service, to a company that takes it over, in particular to ResTable GmbH once it has been established. We will tell you at least 30 days in advance. You may end the contract before the transfer takes effect.

20. Sole traders with consumer protection

20.1 If you are a natural person running a business and the contract is directly connected with your business but is not of a professional nature for you, judged by the activities you have registered in CEIDG, the provisions on unfair contract terms apply to you (art. 385¹–385³ in connection with art. 385⁵ KC).

20.2 In that case the limits in §11 and §12, the jurisdiction clause in §18.2 and the change clauses in §5.2 and §15 apply only as far as those provisions allow.