Terms of Service
Last updated: 14 April 2026
1. Definitions
- BarryOS: the general partnership (vennootschap onder firma) BarryOS VOF, registered with the Dutch Chamber of Commerce under number 99508109, provider of the hospitality platform.
- Customer: the legal entity or natural person acting in the course of a profession or business who enters into an agreement with BarryOS.
- Service: the BarryOS platform including all functionalities, integrations and support.
- User: any person accessing the Service on behalf of the Customer.
- Agreement: any agreement between BarryOS and the Customer regarding the Service, including these Terms of Service.
- Third-Party Systems: software, hardware and services of third parties that the Service connects to, including point-of-sale systems, payment services and hosting providers.
2. Applicability
These Terms of Service apply to all offers, agreements and services of BarryOS and apply solely in a business-to-business (B2B) context. The Service is not intended for consumers.
By using BarryOS, the Customer accepts these terms.
The applicability of any purchasing or other terms of the Customer is expressly rejected.
Deviations from these terms are only valid if agreed in writing.
3. Services
BarryOS offers a SaaS platform for hospitality businesses with, among others, the following features:
- Order processing and management
- Staff management and scheduling
- Analytics and reports
- Menu and product management
- Integrations with external systems
BarryOS aims for 99.5% uptime but does not guarantee uninterrupted availability. Planned maintenance, updates and recovery work do not count as downtime.
BarryOS provides the Service on a best-efforts basis. Examples, projections or expected results mentioned by BarryOS are indicative and do not constitute a guarantee.
4. Subscriptions
BarryOS offers different subscription plans (Base, Pro, Max). Specific terms and rates are determined in consultation.
All rates are exclusive of VAT unless otherwise stated.
Your subscription rate is guaranteed for the full duration of your subscription. Price changes apply only to new customers or upon renewal.
In case of rate changes, you will be informed at least 30 days before renewal. You then have the right to cancel your subscription free of charge as of the effective date.
5. Payment
Invoicing takes place monthly or annually, depending on the chosen subscription.
Payment is due within 14 days of the invoice date. In case of late payment, the Customer is in default by operation of law and the statutory commercial interest (article 6:119a Dutch Civil Code) is due, increased with extrajudicial collection costs in accordance with the Dutch Collection Costs Act.
In case of late payment, BarryOS is entitled to suspend or block access to the Service, without affecting the payment obligation.
Complaints against invoices must be submitted in writing and with reasons within 14 days of the invoice date, on penalty of forfeiture.
6. Customer Obligations
The Customer is responsible for:
- Providing correct business and contact details
- Keeping login credentials confidential and limiting access to authorised Users
- Complying with applicable laws and regulations, including privacy law
- Proper use of the Service in accordance with the documentation and reasonable instructions from BarryOS
- Timely reporting of (suspected) security incidents
- Managing its own contractual relationship with providers of Third-Party Systems
It is not permitted to use the Service for illegal activities or activities that may disrupt the Service, the infrastructure or other customers.
The Customer indemnifies BarryOS against all third-party claims — including from Users, guests, staff or suppliers of the Customer — arising from or related to the Customer's use of the Service or any breach of these terms by the Customer.
7. Intellectual Property
All intellectual property rights in the Service, including software, design and documentation, vest in BarryOS or its licensors.
The Customer receives a non-exclusive, non-transferable right of use for the duration of the Agreement.
The Customer retains all rights to its own data stored in the Service. BarryOS may use anonymised and aggregated data to improve the Service.
8. Liability
8.1 Limitation
BarryOS's liability is limited to direct damage. Per event — whereby a series of related events counts as one — and per calendar year, the maximum is the amount the Customer paid to BarryOS for the Service in the preceding 12 months (excluding VAT).
Direct damage is exclusively understood to mean: reasonable costs to determine the cause and extent of the damage, to prevent or limit damage, and of repair.
8.2 Exclusions
BarryOS is not liable for:
- Indirect damage, consequential damage, lost profits, lost revenue, missed savings, reputational damage or loss of goodwill
- Damage from improper or unauthorised use of the Service
- Damage or data loss caused by acts or omissions of the Customer or Users, including the supply or entry of incorrect data
- Third-party claims against the Customer
8.3 Third-Party Systems
BarryOS connects via read-only APIs to POS systems and other Third-Party Systems. BarryOS has no control over their availability, operation, performance, accuracy of data, security or terms. BarryOS is not liable for damage resulting from these systems, including disruptions, outages, termination of integrations, security incidents or incorrect data. The Customer is responsible for the choice of and contractual relationship with providers of Third-Party Systems.
8.4 Exceptions and limitation period
The limitations in this article do not apply in case of intent or wilful recklessness of BarryOS or its management. Any claim for damages against BarryOS lapses twelve (12) months after it arises.
9. Force Majeure
Force majeure includes: disruptions or failures of internet, telecommunications or energy supplies, disruptions, failures or termination of Third-Party Systems (including POS, hosting and payment providers), cyberattacks, DDoS attacks, third-party data breaches, governmental measures, pandemics, strikes, fire and other circumstances beyond BarryOS's reasonable control.
During force majeure, BarryOS's obligations are suspended. If force majeure continues for more than 60 days, both parties are entitled to dissolve the Agreement in writing without any obligation to pay damages.
10. Processing of Personal Data
To the extent BarryOS processes personal data on behalf of the Customer in the performance of the Agreement, the data processing agreement concluded between the parties applies and forms an integral part of the Agreement.
The Customer is the controller and warrants that there is a lawful basis for the personal data it supplies or that is processed via the Service.
11. Confidentiality and Security
The parties undertake to keep confidential all business and commercially sensitive information of the other party that they become aware of in the context of the Agreement.
BarryOS implements appropriate technical and organisational measures to secure the Service, taking into account the state of the art and the nature of the data.
12. Duration and Termination
The Agreement is entered into for the duration of the chosen subscription and is tacitly renewed for the same period after expiry, unless cancelled in time.
Cancellation must take place in writing at least 30 days before the end of the subscription period.
After termination, the Customer has 30 days to export data, after which it will be permanently deleted. BarryOS is not obliged to retain or restore data beyond this period.
BarryOS may terminate or suspend the Agreement with immediate effect and without notice of default in case of:
- Serious breach of these terms
- Bankruptcy, suspension of payment or (filing for) WHOA (Dutch restructuring) of the Customer
- Non-payment after repeated reminders
- Misuse of the Service or a risk to the integrity or security of the platform
Provisions which by their nature are intended to survive termination — including liability, intellectual property, confidentiality, indemnification and applicable law — remain in force after termination.
13. Support
BarryOS provides support via email and the in-app help function.
The availability and response times of support depend on the chosen subscription.
14. Changes to the Service and Terms
BarryOS reserves the right to modify the Service and these terms.
Changes will be announced at least 30 days in advance via email or in the application. In case of substantial changes that materially worsen the Customer's position, the Customer has the right to terminate the Agreement free of charge as of the effective date.
BarryOS may further develop, adapt or discontinue (sub)functionality of the Service, provided that the core functionality of the chosen subscription is preserved.
15. Assignment
The Customer may not transfer rights and obligations under the Agreement to third parties without BarryOS's prior written consent. BarryOS is entitled to transfer the Agreement and related rights and obligations in the context of a reorganisation, merger or acquisition.
16. Conversion and Severability
If any provision of these terms proves to be void or voidable, the remaining provisions remain in full force. The invalid provision will be replaced by a valid provision that approximates the intent of the original provision as closely as possible.
17. Applicable Law and Disputes
These terms and all agreements are exclusively governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Disputes will be submitted exclusively to the competent court in the Amsterdam district.
18. Contact
For questions about these terms:
BarryOS VOF Email: info@barryos.io Website: www.barryos.io