Gustix Website Terms

1. Scope

1.1 These terms govern your use of the public pages of gustix.net and the discovery, search and assistant functions available without an account. They are issued by SMARTEDTECH SL, B66970831, Carrer Agricultura, 16, 1º, 9ª, 08320 El Masnou, Barcelona, Spain (the Operator). Contact: legal@gustix.net.

1.2 Creating an account is governed by the Member Account Terms (ACC-01). Making a reservation or an order is governed by the Provider and Customer Online Order Terms (PRO-04), the Service Specific Terms (SEC-01), the Menu, Allergen and Reservation Notice (FOOD-01) and the Cancellation, Withdrawal and Refunds policy (CUS-02). Business customers are governed by the Business Service Terms (CUS-03).

2. Platform role

2.1 The Operator operates a platform that enables users to discover, contact, book, order from or contract with third-party restaurants. The Operator is not a party to any contract between a user and a restaurant unless expressly stated on the order summary.

2.2 The Operator does not hold, custody or escrow funds for a restaurant's receivable unless a signed collection mandate exists and the order summary identifies the Operator as payment collector.

2.3 Restaurants are independent businesses. They are not employees, agents or partners of the Operator, and the Operator does not supervise their work, licensing or compliance except as expressly described in the provider verification section of PRO-01.

2.4 Nothing in this clause limits the Operator's own obligations in relation to its platform service, its own subscriptions or its own data processing.

3. Reservations and orders on this site

3.1 The restaurant is the supplier of the meal, seat and service and the party to the reservation or order contract. The reservation or order is formed when the restaurant confirms availability through the platform or by the method stated on the listing.

3.2 Cancellation, no-show and modification rules are those of the restaurant shown on the listing at the time of booking; they apply instead of the statutory withdrawal right (C06.4).

3.3 Local taxes and service charges are shown separately and collected by the restaurant unless the order summary states otherwise.

3.4 The restaurant's allergen, accessibility and house rules information is provided by the restaurant; the Operator transmits it without alteration.

3.5 A reservation books a slot and party size; payment, if any, is a deposit or no-show guarantee stated on the listing. An order buys identified dishes at a shown tax-inclusive total for collection, delivery or table service as stated. The order summary states which of the two you are confirming and who takes payment.

4. Permitted use

4.1 You may read, search and link to public pages and quote them within the limits of copyright law.

4.2 You may not: impersonate a person or restaurant; bypass access controls; scrape listings, menus or reviews by automated means; upload malware; manipulate ranking, availability or reviews; submit reservations or orders you do not intend to honour; discriminate unlawfully; infringe third-party rights; or disclose another person's personal data.

4.3 The Operator may restrict access for breach, giving a reason and a review route (MKT-02) unless urgent security action must come first.

5. Assistant

5.1 The Gustix assistant is an AI system and says so at the start of each interaction. Its outputs are information and assistance. It does not confirm a reservation, accept an order, verify allergen safety or make any decision with legal, financial or health effect; those events are always shown as the restaurant's or your own action. The AI and Identity Use Policy (ACC-02) applies.

6. Content and intellectual property

6.1 You retain ownership of content you upload. You grant the Operator a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display, distribute and create derivative works of your content for the purpose of operating, promoting (listing content only) and improving the service, for the term of your account plus the period required for backup and legal retention.

6.2 You warrant that your content does not infringe third-party rights and is not unlawful.

6.3 The Operator may remove or restrict content that it reasonably believes is unlawful, infringes these terms or creates a risk to users, and will inform you of the reason and the review route.

6.4 All platform software, designs, models, trade marks and data compilations are owned by the Operator or its licensors. No licence is granted except as stated.

7. Data roles

7.1 Platform data. The Operator is the controller of personal data processed to operate the platform: account, identity verification, acceptance records, payments, security, support, communications and analytics.

7.2 Provider supply data. Where a restaurant supplies services to a customer through the platform, the restaurant is an independent controller of the data it needs for that supply (reservation, order and dietary records), and the Operator is a controller of the platform-level record of the transaction. Each party complies with its own obligations; neither acts for the other.

7.3 Processor services. Where the Operator processes personal data on behalf of a business customer under the customer's instructions, the Data Processing Agreement (DAT-01) applies and governs; it is signed as part of the order.

7.4 Sharing between SET platforms. Personal data is not shared with any other platform operated by the Operator or its group unless you enable the specific destination in your settings. Enabling one destination does not enable others, and you may disable it at any time.

7.5 International transfers. Personal data is stored in the European Economic Area. Where a processor outside the EEA is used, the transfer is covered by Standard Contractual Clauses, listed in the subprocessor annex.

8. Changes to these terms

8.1 The Operator may amend these terms for legitimate reasons: changes in law, in the service, in security or fraud prevention, in the payment provider, or to clarify wording. The Operator notifies you of material changes by email and in-product at least 30 days before they take effect (immediately where required by law or security).

8.2 If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of any prepaid period affected. Continued use after the effective date is acceptance; for major changes the service asks you to confirm acceptance at your next sign-in.

8.3

9. Liability

9.1 The Operator is liable for damage caused by its breach of these terms, by its negligence, or under mandatory law. The Operator is not liable for loss that was not foreseeable at the time of contracting, for loss caused by a restaurant's supply where the restaurant is the contracting party, for your breach of these terms, or for events outside its reasonable control.

9.2 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or for any liability that cannot be limited by law.

10. Governing law and forum

10.1 These terms are governed by Spanish law. You also benefit from any mandatory consumer protection provisions of the law of the country where you reside. Disputes are heard by the courts of your domicile; the Operator may bring proceedings in your domicile.

11. Complaints and out-of-court resolution

11.1 Complaints may be sent to support@gustix.net or submitted through /hr/legal/complaints. The Operator acknowledges within 2 business days and answers within 15 business days (one calendar month maximum under Spanish customer-service rules).

11.2 Consumers resident in Spain may use the consumer arbitration system (Sistema Arbitral de Consumo) or the consumer mediation services of their autonomous community. The The The EU Online Dispute Resolution platform has been discontinued and is not used.

11.3 Nothing in this clause prevents you from bringing a claim in court.