Algemene Voorwaarden

1. Introduction

Welcome to Splitty.

These Terms & Conditions ("Terms") govern the access to and use of the products, software, websites, payment services and hospitality solutions offered by Splitty B.V. ("Splitty", "we", "our" or "us").

By registering a restaurant account, using the Splitty platform or otherwise making use of our Services, you agree to be bound by these Terms.

If you do not agree with these Terms, you may not use our Services.

2. About Splitty

Splitty develops software for the hospitality industry. Our Services may include, but are not limited to:

• QR Payments
• Split Payments
• Restaurant Dashboard
• Guest Connect
• Loyalty Programs
• Cashback
• Digital Receipts
• Tap to Pay
• Splitty SoftPOS
• POS Integrations
• AI-powered Features
• NFC Solutions
• Restaurant Analytics

Splitty may expand, modify or discontinue Services at any time.

3. Definitions

"Restaurant" — Any hospitality business using the Splitty platform.

"Merchant" — A restaurant accepting payments through Splitty.

"Guest" — Any consumer using Splitty to pay, split bills, receive digital receipts or otherwise interact with our Services.

"Dashboard" — Splitty's restaurant management environment.

"SoftPOS" — Splitty's mobile point-of-sale solution.

"Tap to Pay" — Payment acceptance using compatible mobile devices.

"Guest Connect" — Splitty's guest engagement platform.

"Services" — All software, products, APIs, websites and applications offered by Splitty.

4. Applicability

These Terms apply to every agreement between Splitty and a Restaurant.

The applicability of any purchasing conditions or other terms proposed by the Restaurant is expressly rejected unless explicitly agreed otherwise in writing.

5. Restaurant Accounts

Restaurants are responsible for maintaining accurate account information. The Restaurant shall ensure that:

• all registration information is accurate;
• authorized personnel only have access to the account;
• login credentials remain confidential;
• account information is kept up to date.

The Restaurant remains fully responsible for all activities performed through its account.

6. Services

Splitty provides software intended to facilitate hospitality operations. Depending on the subscription or services purchased, Restaurants may receive access to:

• QR Payments
• Restaurant Dashboard
• Payment Analytics
• Guest Connect
• Loyalty
• Cashback
• Tap to Pay
• Splitty SoftPOS
• POS Integrations
• AI Features

Availability of certain Services may depend on the Restaurant's subscription, hardware, payment provider or Point-of-Sale system.

Splitty reserves the right to introduce, modify or discontinue Services at any time.

7. Payments

Splitty facilitates payment processing through certified third-party Payment Service Providers ("PSPs"), including but not limited to Stripe and Rootline.

Splitty is not a bank, payment institution or financial institution.

Payment processing, settlement, onboarding, Know Your Customer (KYC) verification, Anti-Money Laundering (AML) procedures and payout schedules are ultimately controlled by the applicable PSP.

Restaurants acknowledge that Splitty cannot influence decisions made by Payment Service Providers regarding:

• onboarding;
• verification;
• account reviews;
• reserves;
• payout timing;
• account suspension;
• payment acceptance;
• fraud prevention;
• regulatory compliance.

Any disputes relating to payment processing remain subject to the applicable PSP's terms and conditions.

8. Restaurant Responsibilities

The Restaurant is solely responsible for:

• menu information;
• prices;
• VAT configuration;
• service charges;
• tip configuration;
• products;
• table numbering;
• QR placement;
• staff training;
• POS configuration;
• compliance with applicable legislation.

Splitty is not responsible for incorrect information entered by the Restaurant.

9. POS Integrations

Splitty integrates with third-party Point-of-Sale systems. Splitty does not own, operate or control these systems.

Splitty cannot guarantee uninterrupted availability of integrations with third-party providers. Temporary interruptions may occur due to:

• software updates;
• API changes;
• maintenance;
• outages;
• network failures;
• third-party system failures.

Restaurants acknowledge that availability of integrations partly depends on the relevant POS vendor.

10. SoftPOS

Where available, Splitty may offer Splitty SoftPOS. Splitty SoftPOS enables Restaurants to accept payments and manage hospitality operations using compatible mobile devices.

Restaurants remain responsible for:

• compatible hardware;
• internet connectivity;
• device security;
• user permissions;
• lawful use.

Splitty does not guarantee compatibility with every mobile device.

11. Tap to Pay

Splitty may provide Tap to Pay functionality where supported. Availability depends on:

• country;
• payment provider;
• operating system;
• supported hardware;
• regulatory requirements.

Splitty does not guarantee availability in every jurisdiction.

12. Guest Connect

Splitty may provide Restaurants with access to Guest Connect, a customer engagement platform designed to help Restaurants build long-term relationships with their guests. Guest Connect may include features such as:

• Guest profiles
• Digital receipts
• Email collection
• SMS verification
• Loyalty programmes
• Cashback programmes
• Restaurant reviews
• Marketing campaigns
• Guest segmentation
• Customer insights
• Campaign analytics

Availability of Guest Connect features may depend on the Restaurant's subscription plan.

13. Guest Data

Where Guests voluntarily provide Personal Data through Splitty, such information may become available to the Restaurant through Guest Connect. The Restaurant acknowledges and agrees that:

• Personal Data may only be used for lawful purposes.
• The Restaurant remains responsible for complying with all applicable privacy legislation.
• Marketing communications may only be sent where the Restaurant has an appropriate legal basis.
• The Restaurant shall not misuse Guest information.
• The Restaurant shall implement appropriate security measures to protect Guest information.

Splitty reserves the right to suspend Guest Connect access where misuse is detected.

14. Digital Receipts

Splitty may provide digital receipts on behalf of Restaurants. Restaurants acknowledge that:

• Digital receipts are provided as a convenience feature.
• Availability depends on POS integrations and payment providers.
• Splitty cannot guarantee that every transaction will generate a digital receipt.
• Restaurants remain responsible for complying with applicable fiscal and accounting legislation.

Splitty shall not be liable for tax, accounting or administrative obligations relating to receipts.

15. Loyalty & Cashback

Splitty may provide loyalty programmes, cashback campaigns and reward systems. Restaurants may configure:

• Cashback percentages
• Loyalty point values
• Promotional campaigns
• Referral programmes
• Guest rewards

Splitty reserves the right to suspend or modify loyalty functionality where fraud, abuse or technical issues are identified.

Restaurants remain solely responsible for honouring rewards that they choose to offer through the platform.

16. Restaurant Dashboard

Splitty provides Restaurants with access to a management dashboard. The dashboard may include:

• Transaction history
• Payment analytics
• Guest Connect
• QR management
• POS integrations
• Staff management
• Loyalty management
• Marketing statistics
• Digital receipt settings
• Restaurant configuration

Splitty continuously develops its dashboard and reserves the right to modify functionality without prior notice.

17. Staff Accounts

Restaurants may invite employees to access Splitty. Typical roles include:

• Manager
• Team Leader
• Waiter
• Kitchen Staff

Restaurants are solely responsible for:

• granting permissions;
• removing former employees;
• protecting credentials;
• monitoring account activity.

All actions performed through staff accounts are deemed to have been performed on behalf of the Restaurant.

18. AI Features

Certain Services may include artificial intelligence functionality. AI-generated information is provided for convenience only.

Splitty does not guarantee that AI-generated output is:

• complete;
• accurate;
• legally correct;
• suitable for every situation.

Restaurants remain responsible for reviewing AI-generated content before relying upon it.

19. Subscription & Billing

Certain Splitty Services require a paid subscription. Subscription fees, billing periods and pricing are communicated during onboarding or through the Restaurant Dashboard.

Unless otherwise agreed:

• subscriptions renew automatically;
• invoices remain payable within the agreed payment term;
• overdue invoices may result in suspension of Services.

Splitty reserves the right to change pricing upon reasonable prior notice.

20. Availability

Splitty strives to provide highly available Services. However, uninterrupted availability cannot be guaranteed. Temporary interruptions may occur due to:

• scheduled maintenance;
• emergency maintenance;
• software deployments;
• internet failures;
• cloud provider outages;
• payment provider outages;
• POS outages;
• force majeure events.

Splitty does not guarantee uninterrupted access to the Services.

21. Updates

Splitty continuously improves its platform. We may release:

• new features;
• security updates;
• interface changes;
• API updates;
• performance improvements;
• infrastructure upgrades.

Restaurants acknowledge that updates may modify existing functionality. Splitty shall make reasonable efforts to minimize disruption.

22. Beta Features

From time to time, Splitty may offer beta or preview features.

Beta features are provided "as is" and may contain bugs, inaccuracies or incomplete functionality.

Splitty may discontinue beta features at any time without liability. Restaurants use beta functionality entirely at their own risk.

23. Intellectual Property

All intellectual property rights relating to the Splitty platform remain the exclusive property of Splitty B.V. or its licensors. This includes, but is not limited to:

• Software
• Source code
• APIs
• QR technology
• SoftPOS technology
• Mobile applications
• Restaurant Dashboard
• Guest Connect
• Artificial Intelligence features
• Documentation
• Designs
• User interfaces
• Trademarks
• Logos
• Trade names
• Domain names

Nothing contained within these Terms grants the Restaurant ownership of any intellectual property belonging to Splitty.

Restaurants receive only a limited, non-exclusive, non-transferable and revocable license to use the Services during the term of the Agreement.

24. Restaurant Content

Restaurants retain ownership of content they upload to the Splitty platform, including:

• Restaurant name
• Logo
• Menu
• Product images
• Pricing
• Restaurant descriptions
• Opening hours
• Promotional content

By uploading such content, the Restaurant grants Splitty a worldwide, non-exclusive, royalty-free license to use, display, reproduce and distribute such content solely for the purpose of providing and improving the Services.

25. Data Ownership

Splitty recognizes that Restaurants remain the owner of their business information uploaded to the platform. However, Splitty retains ownership of:

• Software
• Algorithms
• AI models
• Analytics models
• Platform improvements
• Aggregated statistics
• Anonymous usage information
• Platform performance data

Nothing prevents Splitty from using anonymous or aggregated data for analytical, operational, research or product development purposes, provided such information can no longer reasonably identify an individual Restaurant or Guest.

26. Acceptable Use

Restaurants agree not to:

• use Splitty for unlawful purposes;
• infringe the rights of third parties;
• upload malicious software;
• attempt to gain unauthorized access to Splitty systems;
• interfere with platform availability;
• reverse engineer the Services except where expressly permitted by law;
• copy, reproduce or redistribute Splitty software;
• misuse Guest information;
• circumvent payment processing;
• engage in fraudulent or deceptive conduct.

Splitty reserves the right to investigate suspected violations of these Terms.

27. Suspension

Splitty may temporarily suspend or restrict access to the Services where reasonably necessary. Examples include:

• suspected fraud;
• security incidents;
• unpaid invoices;
• legal obligations;
• misuse of the platform;
• abuse of Guest data;
• violation of these Terms;
• requests from competent authorities.

Where reasonably possible, Splitty will notify the Restaurant before suspension.

Immediate suspension may occur where necessary to protect the platform, Guests, Restaurants or applicable legal interests.

28. Limitation of Liability

To the maximum extent permitted by applicable law, Splitty shall not be liable for indirect, incidental, special, consequential or punitive damages. This includes, but is not limited to:

• loss of profits;
• loss of revenue;
• loss of business opportunities;
• loss of customers;
• reputational damage;
• interruption of business operations;
• loss of anticipated savings;
• loss of goodwill;
• loss of data;
• payment delays caused by third parties.

Splitty's Services are provided on a best-effort basis. Splitty does not guarantee uninterrupted availability, compatibility with every third-party system or error-free operation.

Where liability cannot legally be excluded, Splitty's aggregate liability shall be limited to the total subscription fees paid by the Restaurant to Splitty during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability where such exclusion is prohibited by applicable law, including liability arising from fraud or wilful misconduct.

29. Indemnification

The Restaurant agrees to indemnify, defend and hold harmless Splitty, its directors, employees, affiliates and contractors against claims, damages, liabilities, costs and expenses arising out of:

• misuse of the Services;
• inaccurate Restaurant information;
• violations of applicable law;
• infringement of third-party rights;
• disputes with Guests;
• tax obligations;
• misuse of Guest data;
• content uploaded by the Restaurant.

This indemnification survives termination of the Agreement.

30. Force Majeure

Splitty shall not be liable for delays or failures resulting from circumstances beyond its reasonable control. Examples include:

• internet outages;
• cloud infrastructure failures;
• payment provider outages;
• cyber attacks;
• strikes;
• governmental actions;
• natural disasters;
• war;
• terrorism;
• pandemics;
• utility failures.

During a force majeure event, Splitty's obligations shall be suspended for the duration of the event.

31. Confidentiality

Both Splitty and the Restaurant agree to treat confidential information obtained during the relationship as confidential.

Confidential information includes any non-public commercial, financial, technical or operational information disclosed by either party.

This obligation survives termination of the Agreement.

32. Term and Termination

These Terms remain in effect for as long as the Restaurant uses the Services. The Restaurant may terminate its account in accordance with the applicable subscription terms.

Splitty may terminate or suspend access immediately where:

• these Terms are materially breached;
• continued access presents a security risk;
• required by law;
• instructed by a Payment Service Provider;
• fraud is suspected.

Termination does not affect rights or obligations accrued prior to termination.

33. Changes to these Terms

Splitty may modify these Terms from time to time. Material changes will be published through the Splitty website, Restaurant Dashboard or other appropriate communication channels.

Continued use of the Services following publication of updated Terms constitutes acceptance of the revised Terms where permitted by applicable law.

34. Governing Law and Jurisdiction

These Terms are governed exclusively by the laws of the Netherlands.

Any dispute arising out of or relating to these Terms or the Services shall be submitted exclusively to the competent courts of Amsterdam, unless mandatory law provides otherwise.

35. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

36. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy and any other documents expressly incorporated by reference, constitute the entire agreement between Splitty and the Restaurant.

They supersede all previous agreements, communications and understandings relating to the Services.

37. Contact

Splitty B.V.
Prins Hendrikkade 21 E
1012 TL Amsterdam
The Netherlands

Website: https://splitty.nl
General enquiries: info@splitty.nl
Customer Support: support@splitty.nl
Privacy: privacy@splitty.nl

38. Service Levels

Splitty continuously strives to provide reliable and high-quality Services.

However, unless expressly agreed otherwise in a separate written Service Level Agreement ("SLA"), Splitty does not guarantee uninterrupted availability or a specific uptime percentage.

Maintenance, updates, security improvements, infrastructure upgrades or failures of third-party providers may temporarily affect the availability of the Services.

Where reasonably practicable, planned maintenance will be communicated in advance.

39. Third-Party Dependencies

The Restaurant acknowledges that certain Splitty Services rely on third-party providers. These providers may include, but are not limited to:

• Payment Service Providers
• POS vendors
• Cloud infrastructure providers
• Internet service providers
• Email providers
• SMS providers
• Artificial intelligence providers
• Analytics providers

Splitty shall not be liable for downtime, interruptions, delays or failures resulting from services supplied by third parties.

40. API Services

Where Splitty provides APIs or integrates with APIs of third parties, access is granted solely for the intended use of the Services. Restaurants may not:

• misuse APIs;
• attempt unauthorized access;
• circumvent rate limits;
• interfere with API availability;
• reverse engineer API functionality.

Splitty reserves the right to modify or discontinue APIs without prior notice where reasonably necessary.

41. Software Updates

Splitty may automatically deploy updates to improve:

• security;
• stability;
• performance;
• compatibility;
• compliance with applicable legislation.

Restaurants acknowledge that updates may introduce changes to functionality, user interfaces or workflows.

Splitty shall make reasonable efforts to ensure backward compatibility where commercially reasonable.

42. Security Responsibilities

Splitty is responsible for securing the Splitty platform. The Restaurant remains responsible for securing:

• its own devices;
• internet connection;
• local networks;
• staff accounts;
• passwords;
• payment terminals not supplied by Splitty;
• Point-of-Sale environments.

The Restaurant shall immediately notify Splitty of any suspected security incident affecting its Splitty account.

43. Compliance with Applicable Laws

Restaurants remain solely responsible for complying with all laws and regulations applicable to their business. This includes, but is not limited to:

• tax legislation;
• accounting obligations;
• labour legislation;
• consumer protection legislation;
• food safety legislation;
• anti-money laundering obligations applicable to the Restaurant;
• privacy legislation applicable to communications with Guests.

Splitty does not provide legal, accounting or tax advice.

44. Independent Contractor Relationship

Nothing contained within these Terms shall create:

• a partnership;
• joint venture;
• employment relationship;
• agency relationship;
• franchise relationship

between Splitty and the Restaurant. Each party remains an independent contractor.

45. Assignment

The Restaurant may not assign or transfer its rights or obligations under these Terms without Splitty's prior written consent.

Splitty may assign or transfer its rights and obligations to:

• affiliated companies;
• successors;
• acquirers;
• entities involved in mergers, acquisitions or corporate restructurings.

46. Waiver

Failure by Splitty to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver shall only be effective if made expressly in writing.

47. Survival

The following provisions survive termination of these Terms to the extent reasonably necessary:

• Intellectual Property
• Data Ownership
• Confidentiality
• Limitation of Liability
• Indemnification
• Governing Law
• Dispute Resolution
• Payment Obligations
• Privacy
• Security

48. Electronic Communications

The Restaurant agrees that Splitty may provide notices, invoices, updates and other communications electronically, including through:

• email;
• the Restaurant Dashboard;
• the Splitty platform;
• in-app notifications.

Electronic communications satisfy any legal requirement that such communications be made in writing, unless mandatory law provides otherwise.

49. Feedback

Restaurants may voluntarily provide suggestions, ideas, comments or feedback regarding the Services.

Unless otherwise agreed in writing, Splitty may freely use such feedback without restriction and without any obligation to compensate the Restaurant.

50. Final Provision

These Terms form an integral part of the contractual relationship between Splitty and the Restaurant.

By creating a Restaurant account, accepting these Terms or using the Services, the Restaurant confirms that it has read, understood and agrees to be bound by these Terms.

Splitty looks forward to supporting restaurants with secure, innovative and efficient payment technology while continuously improving the hospitality experience for both restaurants and their guests.

Annex A – Service Specific Terms

The following service-specific terms apply in addition to this Merchant Agreement where the Restaurant uses the corresponding Splitty Service.

Where a conflict exists between this Annex and the Merchant Agreement, this Annex shall prevail solely with respect to the relevant Service.

A1. QR Payments

Splitty enables Guests to scan QR codes to access payment sessions. The Restaurant remains responsible for:

• Correct placement of QR codes
• Correct table numbering
• Accurate menu configuration
• Correct POS configuration
• Staff training

Splitty is not liable where incorrect QR codes are installed, modified or replaced by the Restaurant or third parties.

A2. Split Payments

Splitty allows Guests to divide bills between multiple participants. Splitty does not guarantee that Guests will complete payment.

The Restaurant remains responsible for verifying that the total outstanding balance has been paid before allowing Guests to leave the premises.

A3. Tips

Restaurants remain solely responsible for:

• Tip percentages
• Tip configuration
• Applicable tax treatment
• Employee distribution
• Payroll obligations

Splitty merely facilitates the technical collection of gratuities.

A4. Digital Receipts

Splitty may generate digital receipts based upon information received from the Restaurant or integrated POS system.

Restaurants remain responsible for ensuring that receipt information complies with local fiscal and accounting legislation.

A5. Guest Connect

Guest Connect enables Restaurants to engage with Guests after a visit. The Restaurant agrees that:

• marketing communications remain its responsibility;
• all communications comply with applicable privacy legislation;
• unsubscribe requests are honoured;
• Guest information is handled confidentially.

Splitty reserves the right to suspend Guest Connect where abuse is detected.

A6. Loyalty & Cashback

Restaurants determine:

• point values;
• cashback percentages;
• promotions;
• reward conditions.

Splitty only facilitates the technical operation of loyalty functionality.

A7. Splitty SoftPOS

Splitty SoftPOS enables compatible mobile devices to function as payment acceptance devices. Compatibility depends on:

• operating system;
• payment provider;
• country;
• regulatory approval;
• supported hardware.

Splitty does not guarantee compatibility with every device.

A8. Tap to Pay

Tap to Pay functionality depends upon:

• supported mobile devices;
• supported operating systems;
• supported Payment Service Providers;
• regulatory availability.

Availability may differ between jurisdictions.

A9. Artificial Intelligence

Certain features may use AI technologies. AI-generated content is provided for informational purposes only.

Restaurants remain solely responsible for reviewing AI-generated output before relying upon it.

A10. POS Integrations

Splitty integrates with third-party POS systems. Restaurants acknowledge that:

• POS vendors may change APIs;
• POS vendors may perform maintenance;
• POS vendors may discontinue functionality;
• POS vendors remain independently responsible for their own software.

Splitty shall not be liable for outages caused by third-party POS providers.

Annex B – Pricing & Subscription

Subscription pricing is communicated separately through:

• quotations;
• onboarding documents;
• invoices;
• the Restaurant Dashboard.

Splitty reserves the right to modify subscription pricing upon reasonable prior notice. Unless agreed otherwise:

• subscriptions renew automatically;
• invoices remain payable within the agreed payment term;
• overdue invoices may result in suspension of Services.

Payment Service Provider fees remain subject to the applicable PSP's own pricing schedules.

Annex C – Acceptable Use

Restaurants shall not:

• attempt to hack or compromise Splitty;
• interfere with platform security;
• distribute malware;
• scrape data;
• copy Splitty software;
• misuse Guest information;
• impersonate another Restaurant;
• circumvent payment processing;
• violate applicable law.

Splitty may suspend or terminate accounts that violate these rules without prior notice where necessary to protect the platform.

Annex D – Future Services

Splitty continuously develops new products and services. Future services may include:

• reservation systems;
• table management;
• kitchen management;
• inventory management;
• workforce management;
• analytics modules;
• AI assistants;
• developer APIs;
• white-label solutions;
• enterprise integrations.

These services may be governed by additional service-specific terms where applicable.

Entire Agreement

This Merchant Agreement, together with the Privacy Policy, Cookie Policy, applicable Annexes, subscription documents and any Order Forms executed between the parties, constitutes the complete agreement between Splitty and the Restaurant regarding the Services.

No oral statements, prior discussions or previous agreements shall modify these Terms unless expressly agreed in writing by Splitty.