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Plain-English summary
The Resy terms include a mandatory arbitration clause and class action waiver for users in the US, Canada, and Mexico. Resy also claims broad, perpetual rights to user-submitted content and unsolicited ideas, eliminating compensation or approval rights for users. Accounts can be terminated for an "excessive amount of No Shows" at Resy's discretion. Additionally, Resy disclaims responsibility for the accuracy of service information and states services are provided "as is" at user risk.
91% confidence
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Risks
These are the highest-severity items that could cause you material harm.
high95% confidence confidence
Mandatory Arbitration and Class Action Waiver
The terms contain an arbitration agreement and class action waiver that apply to users who are residents of the United States, Canada, and Mexico, affecting their legal rights.
Why it matters: This clause compels users in the specified regions to resolve disputes through arbitration instead of court and waive their right to participate in class action lawsuits, which can significantly limit their legal recourse.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER APPLICABLE ONLY TO USERS WHO ARE RESIDENTS OF THE UNITED STATES, CANADA AND MEXICO. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Title: Terms of Service, paragraph 5 · Citation strength: strong
high90% confidence confidence
Account Termination for "Excessive" No Shows
Resy reserves the right to terminate or suspend a user's ability to use the Services, including making Reservations, if they have an excessive amount of No Shows, as determined in Resy's reasonable discretion.
Why it matters: Users risk losing access to the service if Resy decides they have too many no-shows, a determination made solely by Resy.
No Shows are associated with your Account, and we reserve the right to terminate or suspend your ability to use the Services, including without limitation for the purpose of making Reservations, if you have an excessive amount of No Shows, as determined in Resy's reasonable discretion.
User Content Ownership Transfer for "Unsolicited Ideas"
If a user submits an unsolicited idea, Resy states that the idea is not submitted in confidence and they assume no obligation. Furthermore, Resy claims exclusive ownership of all rights to such ideas everywhere in the world, and the idea is irrevocably assigned to them. If assignment is unenforceable, the user grants Resy an irrevocable, perpetual, worldwide license to use the idea without compensation.
Why it matters: Users who submit unsolicited ideas to Resy lose all ownership and rights to those ideas, including any potential for compensation, as Resy claims exclusive and irrevocable ownership or a perpetual license.
If, notwithstanding this policy, you submit an unsolicited idea, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.
By submitting or posting User Content, users grant Resy the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium without needing further approval or compensation to the user.
Why it matters: Users lose control over their posted content as Resy gains extensive, permanent, and global rights to use, modify, and distribute it without any further consent or payment to the user.
By submitting or posting User Content, you grant Resy the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium. Once you submit or post User Content, Resy does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses.
Resy owns all right, title, and interest in any compilation, collective work, or other derivative work created by Resy using or incorporating User Content posted by users.
Why it matters: Any new works created by Resy from user-posted content become the sole property of Resy, limiting a user's rights to their original content once it's used in such a manner.
Resy owns all right, title, and interest in any compilation, collective work, or other derivative work created by Resy using or incorporating User Content posted.
This section flags concerning data usage practices.
medium90% confidence confidence
Sharing Payment Information with Third-Party Processors
By submitting payment information through the Services, users give Resy the right to share their payment information with a third-party payment processor to process payments.
Why it matters: User payment information is shared with external companies for transaction processing, which involves trusting additional parties with sensitive financial data.
By submitting your payment information through the Services, you give Resy the right to share your payment information with a third-party payment processor (the “Payment Processor”) to process payments in connection with your use of the Services.
**Fees and Billing:**, paragraph 1 · Citation strength: strong
medium90% confidence confidence
Sharing Information for Booking Purposes
Users grant Resy permission to share account information, reservation details, and other information provided to Resy with third parties for the purpose of booking reservations, and for other purposes as set forth in their Privacy Policy.
Why it matters: Account and reservation details may be shared with various third parties beyond the restaurant booked, potentially exposing personal information to more entities than expected, as outlined in the Privacy Policy.
You grant Resy permission to share account information, reservation details, and other information that you provide Resy with third parties for the purpose of booking reservations, and for other purposes as set forth in our Privacy Policy.
**Fees and Billing:**, paragraph 4 · Citation strength: strong
Cancellation and Renewal
These are the terms related to canceling or renewing your service.
high90% confidence confidence
Resy Not Responsible for Restaurant Cancellation Disputes
Resy states that it is not responsible for decisions or actions taken by the Restaurant in connection with any disputes regarding No-Show designations, cancellation fees, or non-refunded prepayments.
Why it matters: Users are solely responsible for resolving disputes about no-shows, cancellation fees, or unrefunded prepayments directly with the Restaurant, with Resy disclaiming any responsibility.
If you dispute any No-Show designation, cancellation fee, or non-refunded prepayment, please contact the relevant Restaurant to reconcile such dispute. Resy is not responsible for the decisions or actions taken by the Restaurant in connection with any of the foregoing disputes.
These are other notable, potentially sneaky, clauses.
medium90% confidence confidence
No Warranty on Service Information Accuracy
Resy states that it makes no warranties or representations as to the accuracy or completeness of information in the Services, despite using reasonable efforts to include up-to-date information.
Why it matters: Users cannot rely on the accuracy or completeness of the information provided through the service, as Resy disclaims responsibility for any inaccuracies.
WHILE RESY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS OF SERVICE, AND AS APPLICABLE, THROUGH OUR SERVICES, RESY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION IN THE SERVICES;
Users' use of the Services is at their own risk, and the Services, including all content, are provided "as is." Resy makes no representations or warranties of any kind whatsoever for the content.
Why it matters: Users bear all risks associated with using the service and its content, without any guarantees from Resy regarding quality or fitness for any purpose.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND RESY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES;
Users can delete their account at any time using the "Delete Your Account" functionality in the Resy App or by emailing Resy to request deletion. Even for accounts created by Resy via third-party booking channels, users can delete them by emailing help@resy.com.
Why it helps: This allows users to remove their account and associated data from Resy, giving them control over their personal information and service access.
To provide Services to you when you make a Reservation through “Reserve with Google” or other similar third-party reservation booking channels, we may create an Account in your name or otherwise in connection with you to allow you to manage your Reservation. We will email you a booking confirmation providing you with pertinent information about your Reservation, including how to claim and maintain the Account we created on your behalf and how to access the Services. You can delete this Account at any time by emailing us at [help@resy.com](mailto:help@resy.com).
Title: Terms of Service, paragraph 9 · Citation strength: strong
Protection95% confidence confidence
SMS Cancellation Option
Users can cancel the SMS service at any time by replying "STOP" to unsubscribe from SMS messages. After sending "STOP," Resy will send a confirmation message, and the user will no longer receive SMS messages.
Why it helps: Users have a clear and simple mechanism to opt out of receiving SMS communications, allowing them to manage their preferences and avoid unwanted messages.
You can cancel the SMS service at any time. Reply STOP to unsubscribe from SMS messages at any time. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
The terms state that users may be protected by mandatory consumer laws and regulations in their country of residence, which guarantee rights that no company's terms can exclude or limit. In such cases, Resy's liability is determined by these applicable mandatory consumer protection laws and regulations.
Why it helps: This clause acknowledges that users retain rights granted by local consumer protection laws, preventing the terms of service from overriding these fundamental legal safeguards.
YOU MAY BE PROTECTED BY MANDATORY CONSUMER LAWS AND REGULATIONS IN YOUR COUNTRY OF RESIDENCE WHICH GUARANTEE YOU RIGHTS THAT NO COMPANY’S TERMS CAN EXCLUDE OR LIMIT. IN THAT CASE, RESY’S LIABILITY IS DETERMINED NOT JUST BY THESE TERMS OF SERVICE, BUT ALSO BY ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS AND REGULATIONS.