Terms of use

The contract between MarcoPlot, which publishes Bientenu, and the restaurant that uses it.

Version of 14 October 2026. This translation is provided for convenience; the French version prevails.

1. Parties and purpose

1.1. These terms are an agreement between MarcoPlot, SASU with a share capital of 1 euro, 25 avenue du Vingtième Corps, 54000 Nancy, RCS Nancy 102 825 239 (“the Publisher”), and the person who creates a Bientenu account for a restaurant (“the User”).

1.2. Bientenu (“the Service”) is online booking management software: the restaurant’s public booking page, service board, floor plan, guest records, and sending e-mails to guests on behalf of the restaurant.

2. For professionals only

2.1. The Service is meant for people who run a restaurant or act on its behalf, in the course of their professional activity. By creating an account, the User declares that they act in that capacity.

2.2. As the contract is concluded between professionals, the right of withdrawal provided for consumers does not apply.

2.3. The User declares that they operate the restaurant for which they create the account or are authorized to represent it, and provides its exact SIRET number. The Publisher may verify this information and ask for any supporting document.

3. Acceptance

3.1. The User accepts these terms by ticking the box provided at sign-up. The Publisher records the version accepted and the date of acceptance; these records are conclusive between the parties, unless proven otherwise.

3.2. These terms form the contract together with the data processing agreement in the annex. The privacy policy describes how data is processed.

4. Account

4.1. One account corresponds to one restaurant. The User provides accurate information and keeps it up to date, in particular the restaurant’s name, address, phone number and e-mail, which appear on its booking page and in the e-mails sent to its guests.

4.2. The User keeps their login details confidential. Actions taken from their account are deemed to be taken by them. They may invite members of their team to access the Service: they choose their rights, are responsible for their actions as for their own, and remove their access when they no longer need it. They tell the Publisher without delay if they suspect unauthorized access.

5. Prices

5.1. During the launch period, during which the first restaurants join, the Service is provided free of charge.

5.2. The Publisher announces the end of the launch period to the User by e-mail at least thirty days in advance. Each restaurant then has a free trial period of thirty days, counted from the day after the end of the launch period or, for an account created later, from the day it is created. After that, the Service is provided by monthly subscription, at 30 € per month plus VAT at the current rate, under the terms of articles 5.7 to 5.12. No payment is due unless the User has taken out the subscription.

5.3. The Service takes no commission on bookings.

5.4. The number of bookings is not limited. The e-mails sent by the Service to the restaurant’s guests (confirmation, reminder, change, cancellation, replies from the restaurant, birthday offers) are included in the subscription, with no limit on their number and at no extra charge.

5.5. In the event of abnormal use of e-mails to guests, in particular many spam complaints, many non-existent addresses, or e-mails sent to people who have not booked, the Publisher may suspend the sending of the restaurant’s e-mails to its guests. The User is informed by e-mail of the suspension and its reason, and may contest it by replying to that message or by writing to contact@bientenu.fr. The User is also informed when sending resumes.

5.6. While e-mails are suspended, online booking is also suspended; it is then up to the User to inform their guests by other means.

5.7. The subscription is taken out from the Service, by card, through Stripe. If taken out during the launch period or the trial period, it gives rise to no charge before the end of the trial period; the User may end it before that date without paying anything.

5.8. The subscription is payable in advance, each month on the date of the first charge, and renews from month to month, with no minimum term. An invoice is sent by e-mail at each charge and remains available from the Service.

5.9. The User may cancel the subscription at any time from the Service; the cancellation takes effect at the end of the paid month. Closing the account (article 11.2) ends the subscription immediately. The month already started is not refunded.

5.10. If a charge fails, Stripe retries it for a few days and the User may update their card from the Service. If the payment does not go through, the subscription ends.

5.11. At the end of the trial period without a subscription, or at the end of the subscription, the account is closed: the booking page is deactivated and e-mails to guests stop. For thirty days, the User may obtain a copy of their data and reopen their account by taking out the subscription; the data is then deleted, under the terms of article 11.4.

5.12. The Publisher may change the price of the subscription by notifying the User by e-mail at least thirty days in advance. A User who does not accept the new price may cancel before it takes effect.

6. The Service

6.1. The Publisher may update the Service, and add, change or remove features. It notifies the User in advance of the removal of a feature they use.

6.2. E-mails to the restaurant’s guests are sent from the address reservations@bientenu.fr, in the name of the restaurant; guests’ replies go to the restaurant’s e-mail address.

6.3. Deposits paid online. To ask for deposits, the User opens a Stripe payment account in their name from the Service. Payment services are provided to them by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement; the User accepts them with Stripe when opening their account.

6.4. Deposits are paid by guests directly into the User’s Stripe account. The Publisher does not receive, hold or transfer any money and takes no commission. Stripe’s fees are charged by Stripe to the User.

6.5. The Service uses this account only to: open the deposit payment pages; save the guest’s card when the User has set this up, and charge it when the User accepts the request; refund deposits; check their status. The Service refunds deposits, from the User’s account and to the guest’s card, when a booking is deleted, or is cancelled with a refund according to the User’s rules or choice. Stripe does not refund more than the amount paid: when the User refunds double the deposit, they pay the remaining sum to the guest themselves. When a request is waiting for the User’s answer, nothing is charged until they accept it.

6.6. Card guarantee. When the User chooses the card guarantee instead of deposits, the guest puts their card on file through Stripe’s secure page, after ticking their agreement to the amount of the fee and the conditions shown when booking. Nothing is charged at booking. The Service charges the card, from the User’s Stripe account, only the amount the guest agreed to: the day after the meal if the guest is marked as a no-show; if the guest cancels online or changes the time after the free cancellation deadline. When staff record such a cancellation or change of time asked for by the guest, the User chooses whether to charge the fee: nothing is charged without their choice. The card is deleted as soon as the guarantee is settled or no longer needed, no later than seven days after the meal. The card number is kept only by Stripe: neither the Publisher nor the User sees it.

6.7. The User sets the deposit or guarantee conditions shown to their guests and is responsible for them, as well as for payment disputes, which are handled from their Stripe account. They may stop online deposits and the guarantee at any time; their Stripe account and balance remain theirs.

6.8. Bookings, deposits and the card guarantee are an agreement between the restaurant and its guest. The Publisher provides the tool; it is not a party to that agreement and is not liable for its performance.

6.9. The operations the Service carries out automatically — confirming or declining requests, cancelling for lack of payment, refunds, charging the saved card, the block list after no-shows, booking limits, waitlist offers, reminders — are carried out on the User’s behalf, according to the settings they have chosen. They check these settings and are responsible for them toward their guests.

7. The User’s commitments

The User:

8. Availability

8.1. The Publisher uses its best efforts to keep the Service accessible at all times, without guaranteeing an availability rate. Interruptions may occur for maintenance, updates or incidents; the Publisher tries to limit them and to place them outside service hours.

8.2. The User keeps a way to reach their guests and to know the day’s bookings in case of an interruption, for example the restaurant’s phone.

9. Liability

9.1. During the launch period and the trial period provided for in articles 5.1 and 5.2, the Service is provided as is, without warranty of any kind, within the limits allowed by law.

9.2. During a paid subscription, the Publisher’s liability, for all causes combined, is limited to the amount of the last payment received from the User.

9.3. The Publisher is not liable for indirect damage, in particular loss of revenue, customers or reputation, nor for the consequences of the information entered by the User or their guests.

9.4. Articles 9.1 to 9.3 do not apply in case of gross negligence or wilful misconduct, nor to personal injury.

9.5. The User indemnifies the Publisher against any claim from their guests or third parties relating to their booking page, their bookings and their deposits, and reimburses the sums the Publisher would have to bear as a result.

10. Data

10.1. The data of the restaurant and its guests belongs to the User. The Publisher uses it only to provide the Service and for the statistics provided for in article 10.4.

10.2. For the personal data of the restaurant’s guests, the User is the controller and the Publisher is the processor, under the terms of the annex.

10.3. The User may at any time download a copy of their data, in a common format, from the Service, or request it from contact@bientenu.fr.

10.4. The Publisher may compile, from the use of the Service, aggregated and anonymous statistics (number of bookings, covers, rates), without any data that could identify a guest of the restaurant.

11. Term and end of the contract

11.1. The contract is concluded for an indefinite term.

11.2. The User may close their account at any time from the Service, or by writing to contact@bientenu.fr from their account’s address.

11.3. The Publisher may end the contract by notifying the User by e-mail at least thirty days in advance. In case of a serious breach of these terms by the User, it may suspend access and then terminate the contract fifteen days after a formal notice that has had no effect; in case of abusive sending of e-mails or a breach of the Service’s security, the suspension may be immediate. In case of identity theft, fraud or serious suspicion of fraud, the Publisher may suspend the booking page and online deposits without delay, and inform the guests concerned.

11.4. At the end of the contract, the booking page is deactivated and e-mails to guests stop. For thirty days, the User may still obtain a copy of their data and reopen it, by taking out the subscription if it was closed for lack of one; the data is then deleted, except what the law requires the Publisher to keep.

11.5. The end of the contract, whatever the cause, does not end the User’s obligations to their guests. Once the Service’s e-mails have stopped, they honour upcoming bookings or cancel them by notifying their guests themselves, and refund from their Stripe account the deposits they owe them. Until the data is deleted, the Service continues the refunds provided for in article 6.5; the Publisher may postpone deletion as long as paid deposits remain to be refunded. After deletion, the Service carries out no further operation on the User’s Stripe account.

11.6. Before deletion, the User exports the data they need, in particular to answer a payment dispute or for their accounting obligations; the payment history remains available in their Stripe account.

12. Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French Civil Code.

13. Changes to these terms

The Publisher may change these terms. It informs the User by e-mail at least thirty days before the new version takes effect. A User who does not accept it may close their account before that date; if they keep using the Service afterwards, the new version applies.

14. General provisions

14.1. If a provision is declared void, the others remain applicable.

14.2. These terms are written in French; any translation is provided for information only.

14.3. These terms are governed by French law. Where the User has contracted as a trader, any dispute relating to these terms falls within the exclusive jurisdiction of the courts of Nancy.

Annex — Data processing agreement (article 28 of the GDPR)

A.1. Purpose and term. The Publisher (the processor) processes on behalf of the User (the controller) the personal data of the restaurant’s guests, for the term of the contract and the period provided for in article 11.4.

A.2. Nature and purposes. Hosting, recording and display of bookings and guest records; sending of booking e-mails and of birthday offers decided by the User; management of unsubscribes; aggregated and anonymous statistics provided for in article 10.4.

A.3. Data and data subjects. Guests and people who book: identity, phone, e-mail, bookings and visit history, occasion, messages, allergies and intolerances where the guest states them, notes entered by the restaurant, choice to receive birthday offers or not.

A.4. Instructions. The Publisher processes this data only on the User’s documented instructions, which are these terms and the account settings. It informs the User if it believes an instruction breaches the regulations.

A.5. Confidentiality. The people authorized to access the data are bound by confidentiality.

A.6. Security. Encrypted connections (HTTPS); passwords and access keys stored as hashes; separation of data between restaurants; backups; restricted access to the server.

A.7. Sub-processors. The User authorizes the use of: OVH SAS (hosting, Strasbourg and Gravelines, France); Amazon Web Services EMEA SARL (sending e-mails and backup copies, Paris region). The Publisher informs the User of any addition or replacement at least thirty days in advance; the User may object by closing their account. The Publisher imposes equivalent obligations on these providers.

A.8. Transfers. The Publisher processes the restaurant’s guest data in the European Union: servers in Strasbourg and Gravelines, e-mails and backups in the AWS Paris region. Deposits are paid into the User’s Stripe account (article 6.3): Stripe then acts for the User, under the User’s Stripe account agreement, and not as a sub-processor of the Publisher.

A.9. Data subjects’ rights. The Publisher helps the User answer requests from data subjects and forwards to the User, without delay, any request it receives directly.

A.10. Data breach. The Publisher notifies the User of any personal data breach as soon as possible, and no later than 48 hours after becoming aware of it, with the information it has.

A.11. Assistance. The Publisher helps the User, to the extent of the information it has, with impact assessments and consultation of the supervisory authority.

A.12. End of processing. At the end of the contract, the Publisher gives the User who asks for it a copy of the data, then deletes it within the period of article 11.4.

A.13. Audit. The Publisher makes available to the User the information needed to show compliance with this agreement and allows reasonable audits, at the User’s expense, with thirty days’ notice.