MOBEE TERMS AND CONDITIONS OF SERVICE

PART I – GENERAL AND COMMERCIAL TERMS

1. Identity of the provider

Mobee is a software service provided by:

Website: mobee.space

Hereinafter referred to as “WebWise”, “Mobee”, “Provider”, “we” or “our”.

2. B2B scope

Mobee is intended exclusively for:

• restaurants
• hotels
• pizzerias
• bars
• cafés
• venues
• hospitality establishments
• companies
• entrepreneurs
• professionals
• organisations acting for purposes connected with their business

By subscribing to Mobee, the Customer declares that it is acting within the scope of its commercial or professional activity and not as a consumer.

The Customer further declares:

• that it is at least 18 years of age
• that it has capacity to enter into the contract
• that it is authorised to bind the indicated business
• that the corporate and tax data provided are correct

Mobee is not offered for personal, family or household purposes.

If a person subscribes to the service as a consumer despite this limitation, only any mandatory rights provided by applicable law remain unaffected.

3. Definitions

“Account” means the reserved area assigned to the Customer.

“Subscription” means the temporary right to use the Service according to the selected plan.

“Customer” means the business or professional that subscribes to or uses Mobee.

“End customer” or “Guest” means the person who interacts with the venue through menus, reservations, orders, events, offers or communications.

“Credits” means the prepaid or included units used for certain features, including AI, WhatsApp, email or other consumption-based services.

“Customer Data” means the data, content and information entered, collected or processed on behalf of the Customer.

“Partner” means the party admitted to the Partner Program.

“Plan” means Basic, Gold, Ultra or another formula indicated at checkout.

“Service” means the Mobee software, the website, the account, the public pages and the related features.

“Billing Period” means the monthly period or other period indicated in the order.

“Order” means the selection of the plan and the payment confirmation made by the Customer.

4. Acceptance

The contract is concluded when the Customer:

• selects a plan
• enters the required data
• expressly accepts these Terms
• reviews the Privacy Policy
• completes payment or activates a free trial
• receives confirmation of activation

The person who accepts the Terms on behalf of an organisation warrants that they are authorised to do so.

5. General description of the service

Mobee may make available, depending on the plan:

• digital menus
• public pages
• reservation requests
• reservation management
• takeaway orders
• delivery orders
• event management
• offers
• news
• newsletters
• email messages
• WhatsApp messages or other channels
• reminders
• communication templates
• translations
• artificial intelligence features
• graphic customisation
• dashboard
• statistics
• users and roles
• links and QR codes
• included credits
• additional features indicated on the website or in the account

Availability of individual features depends on the plan, the Country, the technical configuration and third-party providers.

6. Mobee is neither a restaurant nor a marketplace

Mobee provides a technological tool.

WebWise:

• does not manage the venue
• does not prepare food
• does not make deliveries
• does not accept the reservation in its own name
• does not guarantee table availability
• does not determine prices or menus
• does not verify allergens
• is not a party to the contract between the venue and the Guest
• does not collect payments for Guest orders, except upon express activation of a specific feature
• does not assume the Customer’s obligations towards consumers

The Customer is solely responsible for:

• acceptance or rejection of reservations
• fulfilment of orders
• prices
• taxes on orders
• food quality and safety
• allergens
• labelling
• availability
• opening hours
• delivery
• Guest refunds
• commercial terms applied to Guests
• licences and authorisations
• compliance with food and consumer law

7. Plans and features

The up-to-date features and prices are those shown at checkout at the time of purchase.

The website may show indicative amounts in USD or other currencies. When checkout indicates that charging takes place in euro, the definitive euro amount displayed by Stripe prevails over the estimate.

WebWise may introduce:

• new plans
• add-ons
• premium features
• extra credits
• promotions
• usage limits

Promotions do not confer a right to their repetition.

8. Credits

Each plan may include a number of monthly credits.

Credits:

• may be used exclusively in the account for which they were purchased or assigned
• are not electronic money
• have no monetary value
• cannot be redeemed for cash
• are not transferable
• are not refundable
• may be subject to different costs depending on the feature used
• may be consumed by AI, WhatsApp, email or other services indicated in the account

Unless otherwise indicated at checkout:

• credits included in the plan are renewed at each new period
• unused included credits expire at the end of the period
• included credits do not accumulate
• extra credits purchased follow the expiry indicated at the time of purchase
• termination of the account results in loss of remaining credits

WebWise may update the unit consumption of credits in the event of changes in provider costs, giving reasonable notice.

9. Prices and taxes

The applicable prices are those shown at the time of Order confirmation.

Unless otherwise indicated:

• prices are exclusive of VAT, GST, sales tax or equivalent taxes
• applicable taxes are added
• the Customer must provide correct tax data
• any banking or currency exchange costs are borne by the Customer
• the Customer is responsible for the taxes for which it is liable in its own Country

10. Billing and automatic renewal

The Subscription is recurring.

Unless cancelled:

• the plan renews automatically
• Stripe or the payment provider charges the registered method
• renewal takes place at the start of each new Billing Period
• the charge authorises WebWise to continue providing the Service

The Customer expressly authorises recurring charges.

The Customer must keep payment details up to date.

11. Cancellation of the Subscription

The Customer may cancel the Subscription at any time, without having to provide a reason.

Cancellation may be effected:

• from the reserved area, when available
• through the Stripe portal
• by writing to info@mobee.space from the account administrator address

Cancellation:

• prevents the subsequent renewal
• takes effect at the end of the Billing Period already paid
• does not normally interrupt access during the period already purchased
• does not automatically cancel amounts already accrued
• does not confer any right to a refund

The request must be received before renewal is processed. A cancellation submitted after the charge prevents the next renewal, but does not cancel the period just begun.

12. ESSENTIAL NON-REFUNDABILITY CLAUSE

ALL SUBSCRIPTION FEES, CREDITS AND SERVICES ALREADY ACTIVATED ARE FINAL AND NON-REFUNDABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The Customer acknowledges that:

• the Service is made available immediately after payment
• WebWise incurs infrastructure, activation, payment, support and provider costs
• the Customer immediately benefits from access to the platform
• actual use of all features depends on the Customer’s choices
• non-use does not equate to non-provision

Consequently:

even when the Customer cancels the Subscription on the same day as purchase, the following day or after a few days, no total or partial refund is due.

The following are not recognised:

• pro-rata refunds
• credits for unused days
• reversals for non-use
• refunds of remaining credits
• set-offs
• free extensions
• conversions into money

Cancellation solely avoids future charges.

Only the following are preserved:

• mandatory rights provided by law
• materially duplicated charges
• amounts charged in error after a cancellation validly received before renewal
• unauthorised transactions established under the payment provider’s procedures
• refunds expressly approved in writing by WebWise

Any exception granted in a specific case does not modify this general rule.

13. Free trials

When available, the free trial:

• has the indicated duration
• may be limited to specific features
• may require a payment method
• may convert automatically into a paid plan if this is clearly indicated before activation
• may be granted only once per business or related parties

WebWise may discontinue a trial in the event of abuse.

14. Failed payments

In the event of a failed payment, WebWise may:

• retry the attempt
• request an alternative method
• limit features
• suspend the account
• block messages or consumption-based features
• terminate the contract

Accrued amounts remain due.

The Customer is responsible for any recovery costs permitted by law.

15. Disputes and chargebacks

Before initiating a chargeback, the Customer must contact WebWise to allow verification.

Initiating a manifestly unfounded dispute may result in:

• account suspension
• retention of evidence
• recovery of costs incurred
• termination of the contract
• legal action

This provision does not limit the mandatory rights of the payment method holder.

16. Account and authorised users

The Customer is responsible for:

• all activities carried out through the Account
• authorised users
• permissions assigned
• protection of credentials
• prompt revocation of access
• accuracy of data entered

Personal credentials may not be shared.

The Customer must immediately inform WebWise of suspicious access.

17. Configuration and content

The Customer is responsible for the configuration of:

• opening hours
• availability
• menus
• prices
• allergens
• delivery areas
• costs
• messages
• reservations
• events
• offers
• newsletters
• venue data
• privacy notices

WebWise does not guarantee the accuracy of content entered by the Customer.

18. Customer privacy obligations

The Customer represents and warrants:

• that it has a legal basis for the data processed
• that it provides accurate notices
• that it collects consents when required
• that it separates service and marketing communications
• that it respects objections and unsubscriptions
• that it does not purchase unlawful lists
• that it does not send spam
• that it does not process excessive data
• that it does not enter unnecessary health data
• that it responds to data subject rights
• that it complies with the laws of the Country in which it operates

19. Communications to Guests

The Customer is responsible for messages sent through Mobee.

Confirmations and reminders relating to reservations or orders may be sent when necessary for performance of the requested service.

Promotional communications must be sent exclusively to recipients for whom the Customer has a valid legal basis.

The Customer must:

• identify itself
• include an unsubscribe method when required
• respect opposition lists
• not use misleading content
• comply with messaging providers’ limits

20. Artificial intelligence

AI features produce probabilistic outputs.

Outputs may be:

• inaccurate
• incomplete
• outdated
• ambiguous
• similar to content produced for other users

The Customer must verify outputs before use.

WebWise does not guarantee:

• accuracy
• uniqueness
• legal suitability
• absence of errors
• correctness of allergens
• correctness of translations
• advertising compliance
• product availability

The Customer must not use AI for solely automated decisions with significant effects on individuals without adequate human review.

21. Permitted use

The Customer may use Mobee exclusively for lawful purposes connected with its business.

It is prohibited to:

• violate laws
• send spam
• impersonate third parties
• upload malware
• attempt unauthorised access
• circumvent limits or credits
• perform unauthorised scraping
• resell the Service without agreement
• perform reverse engineering
• copy the software
• interfere with the infrastructure
• use data obtained unlawfully
• send discriminatory or defamatory content
• process full payment data in notes
• upload medical records
• use the Service for fraudulent activities

22. Intellectual property

WebWise retains all rights in:

• software
• code
• architecture
• databases
• interface
• design
• the Mobee trademark
• documentation
• features
• models
• proprietary materials

The Subscription grants a limited, non-exclusive, non-transferable and revocable right to use the Service during the paid period.

No ownership right is transferred to the Customer.

23. Customer content

The Customer retains rights in its own content.

The Customer grants WebWise a limited, worldwide and royalty-free licence to:

• host
• copy
• display
• transmit
• translate
• technically adapt
• process
• the content exclusively to provide and protect the Service

The Customer warrants that it holds the necessary rights in texts, images, trademarks, menus and other content.

24. Feedback

Any suggestions may be used by WebWise without obligation of compensation, provided that the Customer’s confidential information is not disclosed.

25. Third-party services

Mobee depends on providers such as:

• hosting
• Stripe
• email
• WhatsApp
• AI
• telecommunications
• analytics

DNS and Internet infrastructure.

WebWise is not responsible for interruptions solely attributable to such services and outside its reasonable control.

Use of third-party features may be subject to the terms of the relevant provider.

26. Availability, maintenance and changes

WebWise aims to keep the Service available, but does not guarantee uninterrupted operation.

The Service may be suspended for:

• maintenance
• updates
• security
• emergencies
• attacks
• provider issues
• force majeure

WebWise may modify or replace features provided that it does not substantially deprive the Customer of the core of the plan already paid for.

27. Support

Support is provided through the indicated channels.

Any published response times are targets and not guarantees, except under a separate SLA contract.

28. Backup and export

WebWise adopts reasonable backup procedures, but the Service must not be considered the Customer’s sole archive.

The Customer is encouraged to periodically export important data.

Upon termination, WebWise may offer a limited period for export.

29. Suspension

WebWise may suspend the Service when:

• payment fails
• there is a security risk
• use violates the Terms
• use causes damage to the infrastructure
• there is a legal obligation
• the Customer sends spam
• the account is involved in fraud

Where reasonable, WebWise informs the Customer and allows remediation.

30. Termination

Either party may terminate the contract for a serious breach not remedied within a reasonable period.

WebWise may terminate immediately in the event of:

• illegal activity
• fraud
• abuse
• intentional security breach
• repeated non-payment
• mass sending of spam
• serious infringement of third-party rights

31. Effects of termination

Upon termination:

• the right to use the Service ends
• users may be disabled
• remaining credits are lost
• amounts already paid are not refunded
• accrued amounts remain due
• data are deleted in accordance with the Privacy Policy and the DPA
• clauses intended to survive remain effective

32. Warranties

WebWise warrants that it will provide the Service with reasonable professional diligence.

To the extent permitted by law, the Service is provided “as is” and “as available”.

WebWise does not guarantee:

• an increase in reservations
• a reduction in no-shows
• an increase in revenue
• delivery of every message
• total absence of errors
• compatibility with every device
• absolute continuity
• specific commercial results

33. Limitation of liability

To the maximum extent permitted by law, WebWise is not liable for:

• loss of profits
• loss of opportunity
• loss of goodwill
• indirect damages
• lost earnings
• loss of data avoidable with reasonable backups
• Customer errors
• incorrect menu information
• allergens
• failed delivery
• failure to accept a reservation
• Guest conduct
• third-party services

WebWise’s aggregate liability arising from the Service may not exceed the amount actually paid by the Customer in the twelve months preceding the event giving rise to the claim.

The limitations do not apply to the extent that the law prohibits excluding or limiting a specific liability.

34. Indemnity

The Customer undertakes to hold WebWise harmless from third-party claims arising from:

• Customer content
• privacy violations
• spam
• intellectual property infringement
• incorrect information about food or allergens
• failure to fulfil orders
• violation of consumer protection rules
• unlawful use of the Account
• breach of these Terms

35. Confidentiality

Each party protects the other party’s confidential information and uses it exclusively for the contractual relationship.

Information that is not confidential includes information:

• already public
• legitimately known
• lawfully received from third parties
• independently developed
• requested by an authority

36. Price changes

WebWise may change prices for future periods with reasonable notice, normally not less than 30 days.

The new price applies from the next renewal.

A Customer that does not accept may cancel before renewal.

Failure to cancel constitutes acceptance of the new price for the subsequent period.

37. Changes to the Terms

WebWise may update the Terms.

Substantial changes are communicated via email, website or account.

Use after the effective date constitutes acceptance, subject to mandatory rights.

38. Force majeure

Neither party is liable for delays due to events outside reasonable control, including:

• natural disasters
• war
• unrest
• epidemics
• blackouts
• Internet interruptions
• large-scale cyber attacks
• governmental measures
• unavailability of essential providers

39. Sanctions and exports

The Customer may not use Mobee in breach of applicable economic sanctions or export controls.

40. Governing law and jurisdiction

The contract is governed by the laws of the Hong Kong Special Administrative Region.

Disputes are subject to the exclusive jurisdiction of the competent courts of Hong Kong.

Any applicable mandatory rules remain unaffected.

41. Language

The Terms may be translated.

In the event of discrepancy, the English version approved and published by WebWise prevails, subject to mandatory rules.

42. Final provisions

The Customer may not assign the contract without WebWise’s consent.

WebWise may assign it in the context of reorganisations, mergers or business transfers.

The invalidity of one clause does not invalidate the others.

Failure to exercise a right does not constitute a waiver.

The Terms, the Order and the DPA constitute the entire agreement.

Communications may take place electronically.

PART II – DATA PROCESSING ADDENDUM

1. Subject matter

This DPA governs the processing of personal data carried out by WebWise on behalf of the Customer.

The DPA enters into force automatically when the Customer uses Mobee to process personal data of Guests, employees or other data subjects.

2. Roles

The Customer is the data controller.

WebWise is the data processor.

Each party complies with the obligations applicable to its role.

3. Duration

Processing lasts for the entire duration of the Subscription and for the subsequent period necessary for return or deletion of the data.

4. Nature and purpose

Operations may include:

• collection
• recording
• organisation
• storage
• consultation
• transmission
• translation
• processing
• deletion
• backup
• support
• management of reservations, orders and communications

5. Data subjects

• Guests
• venue customers
• users of public pages
• recipients of communications
• employees and collaborators of the Customer
• suppliers and contacts of the Customer

6. Categories of data

• identification data
• contact details
• reservations
• orders
• delivery addresses
• preferences
• communications
• technical data
• consents
• notes
• occasional special data entered by the Customer

7. Instructions

WebWise processes the data exclusively:

• according to the contract
• according to the configuration made by the Customer
• according to documented instructions
• for legal obligations

If an instruction appears unlawful, WebWise may inform the Customer and suspend its execution.

8. Confidentiality

Persons authorised to process are bound by confidentiality.

9. Security

WebWise applies proportionate measures, including:

• encryption in transit
• access control
• protected passwords
• roles
• logging
• backups
• vulnerability management
• incident response procedures
• access limitation
• business continuity
• provider verification

Technical details may be disclosed under a confidentiality obligation.

10. Sub-processors

The Customer authorises WebWise to use sub-processors.

WebWise:

• carries out a reasonable selection
• imposes protection obligations
• remains responsible for the sub-processor’s contractual obligations
• maintains an up-to-date list
• informs of relevant changes

The Customer may object on documented data protection grounds within 15 days of notice.

If the objection cannot be resolved, the Customer may discontinue the specific feature or cancel the Subscription. Cancellation does not confer a right to a refund of the period already paid.

11. Assistance with rights

WebWise assists the Customer in responding to data subject requests.

If WebWise receives a request relating to Customer Data directly:

• it forwards it to the Customer, where possible
• it does not respond on the merits except under instructions or legal obligation

Extraordinary activities may be charged at a reasonable rate.

12. DPIA and consultations

WebWise provides reasonably available information for DPIAs and prior consultations.

13. Incidents

WebWise informs the Customer without undue delay after ascertaining a relevant breach.

The initial communication may be supplemented subsequently.

14. Deletion and return

Upon termination, at the Customer’s request and within technical limits:

• active data are deleted within 30 days
• backups are overwritten or deleted within 90 days
• data required by law or necessary for the protection of rights may be retained

15. Audit

WebWise makes available information reasonably necessary to demonstrate compliance.

Audits:

• must be requested with notice
• must not compromise security or confidentiality
• normally take place once a year
• are at the Customer’s expense
• may be satisfied with certifications or questionnaires

16. International transfers

The parties adopt the mechanism required by applicable law.

Where usable, the 2021 Standard Contractual Clauses are incorporated by reference, using the appropriate module.

The parties cooperate for:

• transfer impact assessment
• supplementary measures
• authority requests
• regulatory updates

17. Customer responsibility

The Customer warrants:

• lawfulness of the data
• correctness of instructions
• minimisation
• transparency
• consent management
• respect for rights
• security of its own devices and users

18. Precedence

In the event of conflict, the DPA prevails over the Terms exclusively as regards data protection matters.

PART III – PARTNER PROGRAM TERMS

1. Access

Access is not automatic.

WebWise may:

• accept
• refuse
• suspend
• revoke
• an application at its discretion

2. Independent relationship

The Partner is an independent contractor.

The Partner is not:

• an employee
• an agent
• a representative
• a franchisee
• a partner
• a mandatary of WebWise

The Partner may not assume obligations in the name of WebWise.

3. Links and attribution

The Partner receives personal links.

The ordinary attribution window is 90 days.

Attribution may depend on:

• cookies
• Partner code
• last valid referral
• technical data
• completed registration

WebWise’s internal data prevail in the event of dispute, except for manifest error.

4. Commissions

Commissions:

• are established individually
• may vary by Partner
• may depend on the plan
• accrue only on payments actually collected
• do not accrue on free trials
• do not accrue on refunded or disputed payments
• may be reversed in the event of chargeback, fraud or fraudulent cancellation

Payment methods and thresholds are communicated to the Partner.

5. Payments

Payments are managed outside the Mobee dashboard through the agreed method.

The Partner must provide:

• tax data
• an invoice, when required
• correct banking details
• identification documentation, when necessary

The Partner is responsible for its own taxes.

6. Prohibitions

It is prohibited to:

• self-refer
• create fictitious accounts
• make misleading offers
• claim to be a Mobee employee
• use spam
• purchase keywords containing the trademark without authorisation
• impersonate Mobee
• modify prices or conditions
• promise unguaranteed results
• use false reviews
• violate privacy or marketing law
• use domains confusingly similar to Mobee

7. Materials and trademarks

The Partner receives a limited and revocable licence to use approved materials.

It may not modify the trademark in a way that damages it.

8. Advertising transparency

The Partner must clearly declare when it receives a commission.

9. Personal data

The Partner must collect and use data in compliance with the law.

It must not transmit to WebWise contact lists collected without a valid legal basis.

10. Duration and termination

Either party may terminate the Partner relationship at any time.

After termination:

• links may be deactivated
• the Partner must remove materials and trademarks
• valid commissions already accrued remain payable
• fraudulent or disputed commissions may be withheld

11. Changes

WebWise may modify:

• percentages
• attribution duration
• thresholds
• rules
• materials

Changes apply for the future after notice.

12. Liability

The Partner is responsible for its own statements and promotional activities.

The Partner indemnifies WebWise against claims arising from:

• spam
• misleading advertising
• privacy violations
• trademark violations
• unauthorised promises
• illegal activities

13. Governing law

The Partner Terms are governed by the laws of Hong Kong and by the jurisdiction provisions contained in the main Terms.

MANDATORY TEXT TO DISPLAY NEAR THE PAYMENT BUTTON

The subscription renews automatically every month until cancellation. You may cancel it at any time. Cancellation prevents the next renewal but does not give a right to a refund of the period already begun, even when requested on the same day as or the day after the charge. By continuing you confirm that you are purchasing Mobee exclusively for professional purposes and that you accept the Terms of Service.

RECOMMENDED CHECKBOX

[ ] I declare that I am acting on behalf of a business or within the scope of my professional activity, I accept the Terms and Conditions of Service, including automatic renewal and the non-refundability clause, and I confirm that I have read the Privacy Policy.

CANCELLATION CONFIRMATION

Your subscription has been cancelled. You will not receive further charges. You may continue to use Mobee until the end of the period already paid, indicated in your account. Under the Terms of Service, the payment already made is not refundable and no pro-rata credit is recognised.