Terms of Service
The agreement, in plain English.
These terms govern your use of Eightish. We have tried to write them so you can actually read them — the headings say what each section does, and where something matters to your money or your data we have said so directly rather than burying it.
1. Who you are contracting with
Eightish is a product of Mensia Limited (“we”, “us”, “Eightish”), a private limited company registered in England and Wales.
- Company number: 17231746
- Registered office: 10 Hudson Drive, Preston, PR4 2ER, United Kingdom
- Contact: hello@eightish.co.uk
“You” means the business that opens an Eightish account. These terms are between businesses. If you are a diner who booked a table at a restaurant using Eightish, these terms do not apply to you — see the Privacy Policy, which does.
2. What the service is
Eightish is a hosted restaurant booking system: a booking page, an availability engine, a host stand, a guest record, automated confirmations and reminders, and — on paid plans — outreach, deposits and reporting. We provide it as software over the internet. You are responsible for the restaurant.
We add and change features. We will not remove a feature that materially defines your plan without telling you at least 30 days beforehand.
3. Plans, prices and what is metered
Current plans and prices are on the pricing page, which forms part of these terms. In summary:
- Subscription — billed monthly in advance, in pounds sterling, by card. Non-refundable except where the law requires otherwise or section 10 applies.
- Metered usage — each plan includes an allowance of one metered unit. Usage beyond it is charged at the published rate.
- How metered usage is collected. Metered charges are collected from the payment method on your account in steps of £10 as they accrue during the month, rather than as a single sum in arrears. Any balance below £10 remaining when the month closes is collected with the following month’s. You can see what has been collected and what is outstanding at any time inside the product, and settle an outstanding balance yourself at any point.
- The cap. Metered charges in any month will never exceed the published ceiling for your plan, which is set at the cost of moving to the next plan up. This is a contractual commitment, not a courtesy.
- Never metered. Covers, walk-ins, phone bookings, booking confirmations and booking reminders are not metered on any plan, including the free one.
We show your usage against your allowance inside the product, and tell you before you reach it. We will give you 30 days’ notice of any price increase, and you may cancel before it takes effect.
4. The free plan
The Walk-In plan is free and has no time limit. It includes a monthly allowance of online bookings; beyond that, the metered rate and cap in section 3 apply. We do not switch your booking page off mid-service for exceeding an allowance.
5. Your account and your staff
You are responsible for who you give access to, for keeping credentials secure, and for everything done under your account. Tell us promptly at hello@eightish.co.uk if you believe an account has been compromised.
6. Messaging, and the rules you are agreeing to follow
Eightish sends text messages to your guests on your behalf. You are the sender in the eyes of the law. By using the service you confirm that:
- You have a lawful basis to contact each guest whose details you enter or import.
- Marketing messages go only to guests who have consented, or who fall within the soft opt-in and were given a clear chance to refuse.
- You will not use Eightish to send anything unlawful, misleading, or unrelated to your restaurant.
We honour STOP replies automatically and permanently, per guest and per venue. You may not circumvent an opt-out, and we will not help you to. We may suspend messaging on an account where we have reasonable grounds to believe it is being used unlawfully — see section 10.
Messages depend on mobile networks we do not control. We do not guarantee delivery or timing, and we report delivery status honestly, including when a message failed.
7. Data protection, and who is responsible for what
This distinction matters, so it is stated plainly:
- For your guests’ personal data — names, phone numbers, booking history, notes — you are the controller and we are the processor. It is your data. You decide what is collected and why. We process it on your documented instructions, which are these terms and your use of the product.
- For your own account data — your staff’s names and email addresses, your billing details, how you use the product — we are the controller.
Our processor obligations under Article 28 UK GDPR, the sub-processors we use, and the security measures we apply are set out in the Privacy Policy, which forms part of these terms. If you need a signed Data Processing Agreement, ask and we will provide one.
You can export your data at any time while your account is open, and for 30 days after it closes.
8. Support access — when we look inside your account
We will never ask you for your password, and we cannot read it. If anyone claiming to be from Eightish asks you for one, it is not us.
What we do instead: when you ask us for help, or where we reasonably believe something is broken or being used unlawfully, a member of Eightish staff may open your account to look at it. That access is:
- Named. The member of staff stays signed in as themselves. Anything they change is recorded as theirs, not yours.
- Reasoned. They must record why before they can begin.
- Read-only by default. They can look. Changing anything takes a separate, deliberate step that is recorded separately and lapses after 15 minutes.
- Time-limited. Access ends automatically after one hour.
- Visible to you. Every visit appears in your app under Account → Support access, with the reason, the times, and whether anything was changed.
Support access does not extend to your payment details or your Stripe account. We cannot start a subscription, change your card, open your billing portal or take a deposit on your behalf. Those remain yours alone.
This is processing under section 7 and is limited to what is needed to provide and secure the service. If you would rather we asked first every time, tell us and we will note it on your account.
9. What we promise, and what we do not
We will provide the service with reasonable skill and care. We do not promise it will be uninterrupted or error-free — no honest hosted service does.
Back up what matters to you. We take regular backups, but you should keep your own record of tonight’s book. The offline mode in the host stand exists for exactly this reason.
10. Ending the agreement
- You may cancel at any time from the Account page. Your plan runs to the end of the period you have paid for and then stops. We do not require notice and we do not have cancellation fees.
- We may end the agreement on 30 days’ notice, refunding any unused portion of your subscription.
- Either of us may end it immediately if the other commits a material breach and does not fix it within 14 days of being asked.
- We may suspend immediately where we reasonably believe the account is being used unlawfully, or is putting guests’ data at risk. We will tell you why, and restore access as soon as the cause is resolved.
After closure we delete or return guest data as described in the Privacy Policy.
11. Liability
Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
Subject to that, and because this is a business-to-business agreement: neither of us is liable to the other for loss of profit, loss of business, loss of anticipated savings or indirect loss; and our total liability in any twelve-month period is limited to the greater of £100 or the amount you paid us in that period.
The £100 floor matters on the free plan, where you have paid us nothing and a cap based purely on fees paid would come to zero. A liability limit of zero is the kind a court is more likely to find unreasonable than one that is modest but real.
12. Changes to these terms
We may update these terms. For material changes we will email you and give 30 days’ notice before they take effect. Continuing to use Eightish after that means you accept them. If you would rather not, cancel before they take effect and we will refund the unused part of your subscription.
13. Law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.