These Terms of Service (the “Terms”) govern the contractual relationship between the Client and Familiar for the provision of the Services. By subscribing to or using the Services, the Client accepts these Terms in full. If the Client does not agree to any part of these Terms, it must not access or use the Services.
1. About Familiar
The Services are provided by:
- Company name: Familiar SAS
- Legal form:Société par actions simplifiée (SAS) with a share capital of €1,000.00
- Registered office: 1663 rue de Majornas, 01440 Viriat, France
- Registration number: RCS Bourg-en-Bresse 925 238 495
- VAT number: FR66925238495
- Contact: hello@familiarhq.com
2. Definitions
In these Terms, the following definitions apply:
- “Client” means the legal entity or individual that subscribes to the Services and enters into a contractual relationship with Familiar.
- “User” means any individual who accesses or uses the Services under a Client account, including administrators, team members, and invited collaborators.
- “Services” means the Familiar SaaS platform, including the web application, APIs, integrations, documentation, and all related features and functionality made available by Familiar to the Client.
- “Order Form” means a document or online process specifying the scope, pricing, and terms of a subscription to the Services.
- “Content” means any data, text, images, templates, or other materials uploaded, created, or transmitted through the Services by or on behalf of the Client.
- “Subscription Period” means the period during which the Client has access to the Services, as specified in the applicable Order Form or subscription plan.
- “Confidential Information” means any information disclosed by one party to the other, whether oral or written, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
- “Personal Data” means any information relating to an identified or identifiable natural person, as defined by applicable data protection legislation.
- “DPA” means the Data Processing Agreement entered into between the Client and Familiar governing the processing of Personal Data.
- “Force Majeure Event” means any event beyond the reasonable control of the affected party, including natural disasters, epidemics, pandemics, acts of war, terrorism, government actions, strikes, failures of telecommunications networks, power supply, or internet service providers, and cyberattacks beyond reasonable mitigation.
3. Eligibility and Permitted Use
The Services are intended exclusively for use by professionals and businesses in the hospitality industry. By using the Services, the Client represents and warrants that:
- The Client is a duly registered legal entity or a professional acting in a business capacity.
- The individual accepting these Terms on behalf of the Client has the legal authority to bind the Client.
- The Client and all its Users are at least 18 years of age.
- The Services will not be used for consumer purposes or outside of a professional context.
- All information provided during registration and use of the Services is accurate, current, and complete.
4. Account Registration
To use the Services, the Client must create an account by providing accurate and complete information. The Client is responsible for:
- Maintaining the confidentiality and security of all account credentials.
- All activities that occur under its account, whether authorized or not.
- Promptly notifying Familiar of any unauthorized use of its account or any security breach.
- Ensuring that all Users under its account comply with these Terms.
Familiar reserves the right to suspend or terminate accounts that are inactive, in violation of these Terms, or that pose a security risk.
5. Subscription
5.1 Scope
The Services are provided on a subscription basis as described in the applicable Order Form. The Order Form specifies the scope, features, number of authorized Users, and duration of the subscription. Any use of the Services beyond the scope of the Order Form requires Familiar’s prior written agreement.
5.2 Order Form
The contractual relationship between the Client and Familiar is governed by the applicable Order Form, these Terms, the DPA, the Privacy Policy, the Cookie Policy, and the Acceptable Use Policy. In the event of a conflict between these documents, the Order Form shall prevail, followed by the DPA, then these Terms.
5.3 Changes to the Services
Familiar reserves the right to modify, update, or discontinue any feature or part of the Services at any time. Where changes materially affect the Client’s use of the Services, Familiar will provide reasonable prior notice. The Client’s continued use of the Services after such notice constitutes acceptance of the changes.
6. License
6.1 Grant of License
Subject to the Client’s compliance with these Terms and payment of applicable fees, Familiar grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the Subscription Period for its internal business purposes.
6.2 Restrictions
The Client must not:
- Copy, modify, distribute, or create derivative works based on the Services.
- Reverse engineer, decompile, or disassemble any part of the Services.
- Remove or alter any proprietary notices, labels, or trademarks.
- Sublicense, lease, rent, or transfer its rights to any third party.
- Use the Services in a manner that violates applicable law or infringes the rights of any third party.
- Use the Services for benchmarking, competitive analysis, or to develop a competing product or service.
7. Support
7.1 Support Channels
Familiar provides technical support to the Client via email at support@familiarhq.com and through the in-app messaging system. Support is available Monday to Friday, 9:00 AM to 7:00 PM CET, excluding French public holidays.
7.2 Scope of Support
Support covers questions relating to the use and configuration of the Services, diagnosis and resolution of bugs or malfunctions attributable to the Services, and guidance on best practices and feature usage. Support does not cover issues arising from the Client’s own systems, third-party integrations not managed by Familiar, or use of the Services in breach of these Terms.
7.3 Response Times
Familiar will use commercially reasonable efforts to respond to support requests within a timely manner. Specific response time commitments, if any, are set out in the Service Level Agreement (Section 21).
7.4 Updates and Maintenance
Familiar may perform scheduled and unscheduled maintenance on the Services. Where reasonably possible, Familiar will provide advance notice of scheduled maintenance. Maintenance windows shall not exceed 3 hours per month under normal circumstances.
8. Hosting
The Services are hosted on cloud infrastructure provided by Amazon Web Services (AWS) within the European Union. Familiar selects and manages hosting providers that offer appropriate levels of security, availability, and performance. The Client acknowledges that the Services rely on third-party hosting infrastructure and that Familiar shall not be liable for outages or performance issues attributable to the hosting provider, provided Familiar has taken reasonable steps to select and monitor the provider.
9. Availability
Familiar strives to ensure high availability of the Services but does not guarantee uninterrupted, error-free, or secure access at all times. The Services may be temporarily unavailable due to scheduled maintenance, updates, emergency patches, or circumstances beyond Familiar’s control. Specific availability commitments are set out in the Service Level Agreement (Section 21).
10. Security
Familiar implements industry-standard technical and organizational measures to protect the Services and the Client’s data against unauthorized access, loss, alteration, or destruction. These measures include encryption in transit and at rest, access controls, audit logging, regular vulnerability assessments, and incident response procedures. The Client is responsible for maintaining the security of its own account credentials, systems, and networks. Details of Familiar’s security practices are available in the Security and Compliance documentation.
11. Pricing and Payment
11.1 Fees
The Client shall pay the fees set out in the applicable Order Form. All fees are quoted in euros and are exclusive of applicable taxes (including VAT), which shall be added at the prevailing rate. Fees are invoiced in advance for each billing period unless otherwise specified in the Order Form.
11.2 Price Revision
Familiar may revise its prices once per year at the time of subscription renewal. Any price increase shall not exceed 5% per year. Familiar will notify the Client of any price change at least 30 days before it takes effect. If the Client does not accept the revised price, it may terminate its subscription in accordance with Section 18.
11.3 Late Payment
In the event of late payment, the Client shall be liable for late payment interest at a rate equal to the European Central Bank refinancing rate plus 10 percentage points, calculated on the overdue amount from the due date until the date of actual payment. In addition, a fixed recovery fee of €40 shall apply for each unpaid invoice, in accordance with applicable French law. If payment remains outstanding for more than 8 days after a formal written notice, Familiar reserves the right to suspend or restrict access to the Services until full payment is received.
12. Intellectual Property
12.1 Familiar’s Intellectual Property
All intellectual property rights in and to the Services, including but not limited to software, code, design, user interface, text, graphics, logos, trademarks, and documentation, are and shall remain the exclusive property of Familiar or its licensors. Nothing in these Terms transfers any intellectual property rights to the Client, except for the limited license granted in Section 6.
12.2 Client Content
The Client retains ownership of all Content that it uploads, creates, or transmits through the Services. By uploading Content, the Client grants Familiar a limited, non-exclusive, worldwide license to host, store, reproduce, and process that Content solely for the purpose of providing and improving the Services.
12.3 Feedback
If the Client provides suggestions, ideas, or feedback regarding the Services, Familiar may use such feedback without restriction or obligation to the Client. The Client hereby assigns to Familiar all rights in any feedback provided.
12.4 Restrictions
The Client shall not use Familiar’s trademarks, logos, or trade names without Familiar’s prior written consent. The Client shall not remove, alter, or obscure any proprietary notices included in or on the Services.
13. Familiar’s Obligations and Limited Warranties
Familiar undertakes to provide the Services with reasonable skill and care, in accordance with industry standards and these Terms. Familiar warrants that:
- The Services will materially conform to the documentation and specifications made available to the Client.
- Familiar will use commercially reasonable efforts to ensure the availability and security of the Services.
- Familiar will comply with all applicable laws and regulations in the provision of the Services.
Except as expressly set out in these Terms, the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Familiar disclaims all other warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Familiar does not warrant that the Services will be uninterrupted, error-free, or that all defects will be corrected.
14. Client Obligations and Warranties
The Client warrants and undertakes that:
- It will use the Services in compliance with these Terms, the Acceptable Use Policy, and all applicable laws and regulations.
- It has obtained all necessary rights, consents, and authorizations to upload Content to the Services and to allow Familiar to process such Content as contemplated by these Terms.
- The Content does not infringe any third-party intellectual property rights, privacy rights, or other rights.
- It will maintain the security and confidentiality of its account credentials and promptly notify Familiar of any unauthorized access.
- It will cooperate with Familiar in connection with the provision of the Services, including providing timely access to information, systems, and personnel as reasonably required.
- It will not engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services.
15. Limitation of Liability
To the fullest extent permitted by applicable law:
- Familiar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of the cause of action or theory of liability.
- Familiar’s total aggregate liability arising out of or related to these Terms or the Services shall not exceed the total fees paid by the Client to Familiar during the twelve (12) months preceding the event giving rise to the claim.
These limitations apply whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, even if Familiar has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or gross negligence.
16. Confidentiality
Each party agrees to keep confidential all Confidential Information received from the other party and to use such information only for the purpose of performing its obligations under these Terms. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except:
- To employees, agents, or subcontractors who need to know such information for the purposes of these Terms and who are bound by obligations of confidentiality no less restrictive than those set out herein.
- To the extent required by applicable law, regulation, or court order, provided that the receiving party gives the disclosing party prompt notice (to the extent legally permitted) and cooperates with any efforts to obtain protective treatment.
The obligations of confidentiality set out in this section shall survive the termination of these Terms for a period of 3 years.
17. Data Protection
Familiar processes Personal Data in accordance with applicable data protection laws, including Regulation (EU) 2016/679 (the “GDPR”). For detailed information about how Familiar handles Personal Data, please refer to the Privacy Policy.
Where the Client acts as a Data Controller and Familiar processes Personal Data on the Client’s behalf as a Data Processor, the parties shall enter into a Data Processing Agreement (DPA) governing such processing. The DPA forms an integral part of the contractual framework and is available at familiarhq.com/legal/dpa.
18. Duration, Renewal, and Termination
18.1 Duration
The subscription takes effect on the date specified in the Order Form and continues for the Subscription Period set out therein.
18.2 Renewal
Unless otherwise stated in the Order Form, the subscription shall automatically renew for successive periods of the same duration at the end of each Subscription Period. Either party may choose not to renew the subscription by providing written notice at least 3 months before the end of the current Subscription Period.
18.3 Termination for Cause
Either party may terminate these Terms with immediate effect if the other party commits a material breach of these Terms and fails to remedy such breach within 30 days of receiving formal written notice specifying the nature of the breach and requiring its remedy.
18.4 Effects of Termination
Upon termination or expiry of the subscription:
- The Client’s right to access and use the Services will cease immediately.
- Familiar will retain the Client’s data for a reasonable period (not exceeding 30 days) to allow the Client to export its data, after which it will be deleted in accordance with the Privacy Policy and applicable retention obligations.
- All outstanding fees shall become immediately due and payable.
- Provisions that by their nature should survive termination, including limitation of liability, confidentiality, intellectual property, and governing law, shall survive.
19. Website
Familiar’s website at familiarhq.com is provided for informational purposes. Familiar reserves the right to modify the content and structure of the website at any time without prior notice. The information published on the website does not constitute a binding contractual offer unless expressly stated otherwise. The Client acknowledges that the website may contain links to third-party websites over which Familiar has no control and for which Familiar accepts no liability.
20. General Provisions
20.1 Entire Agreement
These Terms, together with the Order Form, the DPA, the Privacy Policy, the Cookie Policy, and the Acceptable Use Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations.
20.2 Amendments
Familiar reserves the right to modify these Terms at any time. When material changes are made, Familiar will update the “Last updated” date at the top of this page and notify the Client through appropriate means. The Client’s continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes. If the Client does not agree to the updated Terms, it must stop using the Services.
20.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be deemed severed. The remaining provisions shall continue in full force and effect.
20.4 Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
20.5 Assignment
The Client may not assign or transfer its rights or obligations under these Terms without Familiar’s prior written consent. Familiar may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to the Client.
20.6 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a Force Majeure Event. The affected party shall promptly notify the other party of the event and use reasonable efforts to mitigate its effects. If the Force Majeure Event continues for more than 60 days, either party may terminate the affected subscription by written notice.
20.7 Notices
All notices under these Terms shall be in writing and sent by email to the addresses specified in the Order Form or, in the absence thereof, to hello@familiarhq.com for Familiar and to the email address associated with the Client’s account.
20.8 Independence of the Parties
The parties are independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
20.9 Third-Party Services
The Services may integrate with or provide access to third-party services, applications, or platforms. Familiar is not responsible for the availability, accuracy, or content of third-party services. The Client’s use of third-party services is governed by their respective terms and privacy policies. Familiar shall not be liable for any loss or damage arising from the Client’s use of or reliance on third-party services.
20.10 Audit
Familiar reserves the right to audit the Client’s use of the Services to verify compliance with these Terms. Any such audit shall be conducted during normal business hours with at least 4 weeks’ prior written notice and shall not unreasonably interfere with the Client’s operations.
20.11 Governing Law
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Paris Court of Appeal.
20.12 Language
These Terms are available in English and French. In the event of any discrepancy, inconsistency, or ambiguity between the English and French versions, the French version shall prevail.
21. Service Level Agreement
21.1 Availability Target
Familiar targets a monthly uptime of 99.9% for the Services, measured as the total number of minutes in the calendar month minus the number of minutes of unscheduled downtime, divided by the total number of minutes in the calendar month. Scheduled maintenance windows are excluded from the calculation.
21.2 Scheduled Maintenance
Familiar may perform scheduled maintenance during off-peak hours. Familiar will provide at least 48 hours’ prior notice for planned maintenance. Scheduled maintenance shall not exceed 3 hours per month under normal circumstances.
21.3 Incident Response
Familiar classifies incidents by severity and responds accordingly:
- Critical (complete service outage affecting all users): response within 1 hour, resolution target within 4 hours.
- High (major feature unavailable or significant performance degradation): response within 4 hours, resolution target within 8 hours.
- Medium (minor feature unavailable or limited impact): response within 1 business day, resolution target within 3 business days.
- Low (cosmetic issues or minor inconveniences): response within 2 business days, resolution target within 5 business days.
21.4 Service Credits
If Familiar fails to meet the monthly uptime target of 99.9%, the Client may request a service credit. Service credits are calculated as a percentage of the monthly fees for the affected month: 5% credit for uptime between 99.0% and 99.9%, 10% credit for uptime between 95.0% and 99.0%, and 25% credit for uptime below 95.0%. Service credits are the Client’s sole and exclusive remedy for failure to meet the availability target.
21.5 Exclusions
The availability commitment does not apply to downtime resulting from Force Majeure Events, actions or omissions of the Client, third-party service failures outside of Familiar’s reasonable control, scheduled maintenance, or emergency security patches.
22. Contact
If you have any questions about these Terms, please contact us at:
- Email: hello@familiarhq.com
- Support: support@familiarhq.com
- Postal mail: Familiar SAS, 1663 rue de Majornas, 01440 Viriat, France