Terms of Service

Holstein Inc. DBA Zerva · New York · Effective: on acceptance

1. Agreement. These Terms are a contract between Holstein Inc. DBA "Zerva" ("Zerva," "we") and the business that subscribes ("Customer," "you"). By completing signup or using the Service, you accept these Terms on behalf of your business and represent you are authorized to do so.

2. The Service. Zerva provides cloud-based restaurant reservation and operations software, which may include modules for reservations/table management, guest SMS messaging, waitlist, website, and others you subscribe to (the "Service").

3. Subscription, modules & term. The Service is sold as one or more monthly module subscriptions selected at checkout. Your subscription begins on signup and automatically renews each billing period until canceled.

4. Fees, founding rate & auto-renewal.

You agree to pay the fees for the module(s) shown at checkout, plus applicable taxes and any disclosed card processing fee.
Founding rate. If you subscribe at a "Founding Member" rate, that rate is locked for the life of your continuous subscription to that module. If your subscription lapses or is canceled, the founding rate is forfeited and re-subscription is at the then-current standard rate. Founding rates are limited and offered only while founding slots remain.
Auto-renewal. Your subscription renews automatically at the then-current rate (founding rates excepted) unless you cancel before the renewal date. We send renewal and price-change notices to your billing email as required by law (incl. NY GBL §527-a).
We may change standard fees on at least 30 days' notice; founding rates are not subject to standard-fee increases while continuous.

5. Payment authorization. By providing a card or bank account, you authorize Zerva and its processor (Stripe) to charge that method on a recurring basis per Section 4. Failed payments may result in suspension after notice.

6. Cancellation & refunds. You may cancel any time from your account or by emailing support@getzerva.com; cancellation takes effect at the end of the current paid period. Fees are non-refundable except where required by law.

7. Your data; guest data. You retain ownership of your business data and your guests' data entered into the Service. You are the controller of your guest data and are responsible for the necessary consents (including SMS consent) to collect and message your guests.

8. SMS / messaging. You are solely responsible for obtaining lawful consent (TCPA/CTIA) from guests before messaging them through the Service, and for the content of those messages.

9. Acceptable use. No unlawful, infringing, or abusive use; no reselling the Service; no attempts to breach security.

10. Availability & support. We aim for high availability but do not guarantee uninterrupted service, and provide commercially reasonable support.

11. Disclaimers. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, ZERVA'S TOTAL LIABILITY IS LIMITED TO THE FEES YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM; NO INDIRECT OR CONSEQUENTIAL DAMAGES.

13. Governing law. New York law governs; venue in New York.

14. Changes. We may update these Terms on notice to your billing email; continued use after the effective date constitutes acceptance.

15. Contact. Holstein Inc. DBA Zerva · support@getzerva.com · getzerva.com