Terms and Conditions

1. Purpose and acceptance

These Terms and Conditions (hereinafter, "Terms") govern access to and use of the Q'aproveche service, a digital menu management platform for restaurants, available at qaproveche.com.

Access to the service implies full and unconditional acceptance of these Terms. If you do not agree with any of its conditions, you must refrain from using the service.

2. Service description

Q'aproveche is a SaaS (Software as a Service) platform that enables restaurants and hospitality businesses to:

• Create and manage digital menus accessible via QR code or public URL.
• Configure multiple menus with automatic activation by time and day of the week.
• Customise menu design (colours, fonts, styles).
• Manage categories, dishes, prices, images, allergens and labels.
• Integrate the digital menu into WordPress websites via official plugin.
• Generate and download personalised QR codes.

3. Contracting and access

3.1 Account registration

Access to the management panel is provided via credentials (email and password) supplied by Q'aproveche. The user is responsible for maintaining the confidentiality of their credentials and for notifying any unauthorised use.

3.2 Economic terms

The economic terms of the service (fees, billing, payment method) shall be agreed individually between Q'aproveche and each client via quotation or specific contract. In the absence of express agreement, there shall be no payment obligation.

3.3 Trial period

Q'aproveche may offer free access or trial periods at its discretion. These Terms apply equally during such periods.

4. Acceptable use

The user undertakes to use the service lawfully and in accordance with these Terms. The following are expressly prohibited:

• Publishing illegal, misleading, defamatory content or content that infringes third-party rights.
• Using the service for fraudulent activities or activities that harm consumers.
• Attempting unauthorised access to systems or accounts of other users.
• Reverse engineering, decompiling or copying Q'aproveche software.
• Using the service to send unsolicited commercial communications (spam).
• Intentionally overloading the servers or infrastructure of the service.
• Publishing incorrect information about allergens that may endanger consumer health.

5. User content

The user is solely responsible for the content they introduce into the platform: dish names, prices, descriptions, images, allergen information, etc. Q'aproveche does not verify or validate such content.

The user warrants that they have the necessary rights over the content they upload (especially images) and that its publication does not infringe third-party intellectual property rights.

Allergens: Allergen declaration is the sole responsibility of the establishment. Q'aproveche provides the tools to inform about allergens, but assumes no responsibility for omissions or errors in such information.

6. Availability and SLA

Q'aproveche endeavours to keep the service continuously available, but does not guarantee 100% availability. The service may be interrupted for maintenance, force majeure or third-party failures (hosting, Internet connection).

Planned interruptions will be communicated with as much notice as possible. Q'aproveche is not responsible for damages arising from service interruptions.

7. Intellectual property

All elements of the Q'aproveche service (source code, design, brand, logos, documentation) are the property of Q'aproveche or its licensors and are protected by intellectual property legislation.

The user receives a limited, non-exclusive, non-transferable and revocable licence to access and use the service during the term of the contract.

Content introduced by the user (restaurant menu, own images, etc.) remains the user's property. Q'aproveche receives a licence to store and display it in the context of the service.

8. Privacy and data

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

With respect to end-customer data of the restaurant (persons who scan the QR), Q'aproveche does not collect or process personal data from visitors to public menus. The public menu is an informational page that does not require registration or login.

9. Limitation of liability

To the maximum extent permitted by applicable law, Q'aproveche shall not be liable for:

• Loss of business, revenue or reputation arising from use or inability to use the service.
• Indirect, incidental, special or consequential damages.
• Errors in allergen information entered by the user.
• Content published by users that infringes third-party rights.
• Data loss due to causes not attributable to Q'aproveche.

In case of liability, Q'aproveche's maximum indemnification shall not exceed the amount paid by the client in the last 3 months.

10. Modifications to the service and Terms

Q'aproveche may modify the service or these Terms at any time. Substantial changes will be communicated with at least 30 days' notice by email to the registered address.

Continued use of the service after the new Terms come into force implies acceptance thereof. If the user does not accept the changes, they may terminate the contract before the effective date.

11. Termination

By the user: The user may cancel their account at any time by notifying hola@qaproveche.com. Following cancellation, data will be deleted within a maximum of 30 days, unless there is a legal obligation to retain it.

On behalf of Q'aproveche: Q'aproveche may suspend or cancel a user's access if they breach these Terms, with prior notice except in cases of serious or urgent breach.

12. Applicable law and dispute resolution

These Terms are governed by Spanish law. For dispute resolution, the parties submit to the corresponding Courts and Tribunals.

For consumers in the European Union: the European Commission offers an online dispute resolution platform.

Before pursuing formal proceedings, the parties commit to attempting to resolve any discrepancy amicably. You can contact us at hola@qaproveche.com.