Gustix Member Account Terms
1. Parties and what an account is
1.1 These terms are a contract between you and SMARTEDTECH SL, B66970831, Carrer Agricultura, 16, 1º, 9ª, 08320 El Masnou, Barcelona, Spain (the Operator). Contact: legal@gustix.net.
1.2 A Gustix account lets you save searches and preferences, make reservation requests and orders with restaurants, see their status and acceptance, keep your confirmations and use the assistant. An account is free. An account does not make you a restaurant provider, a business customer or an institutional signatory; those roles have their own agreements (PRO-01, CUS-03, ENT-01).
1.3 You must be at least 18 years old to hold an account. Gustix is not offered to persons under 18.
2. Contract formation and acceptance evidence
2.1 A contract for the platform service is formed when the Operator records your acceptance of the applicable terms through the acceptance control shown to you (an unticked checkbox, an order button labelled with an obligation to pay, or an electronic signature) and, for paid services, when the payment provider confirms payment.
2.2 The Operator keeps an append-only record of the document identifier, version, content hash, date, time and acceptance method. You may request a copy of the record and of the accepted version at any time at legal@gustix.net.
2.3 Acceptance by a person acting for an organisation is a representation that the person is authorised to bind that organisation. Where the Operator requires verification of that authority, the service for the organisation is not activated until verification is complete.
2.4 The Operator may rely on an electronic signature produced through its signature provider as the signature of the signatory under Regulation (EU) No 910/2014.
2.5 The signup form shows this version and the Privacy Notice through direct links. Acceptance of these terms is given by the unticked checkbox. Marketing email, optional analytics and sharing to another SET platform are separate, unticked controls that are never required to open an account (Spec §4 purposes marketing_email, analytics_optional, cross_platform_sharing).
3. Your obligations
3.1 Keep your registration details accurate and your credentials secure; tell support@gustix.net at once if you suspect misuse.
3.2 Do not share your account, create accounts for other people without their permission, or accept terms or place orders on behalf of a person or business you are not authorised to bind.
3.3 Make only reservation requests and orders you intend to honour. Repeated no-shows or abusive orders are grounds for restriction under clause 7.
3.4 Enter dietary and allergen information only for yourself or for a guest who has asked you to; it goes to the restaurant for that meal only (FOOD-01).
4. Reservations and orders made from your account
4.1 Each reservation or order is a contract with the restaurant named on the order summary, governed by the Provider and Customer Online Order Terms (PRO-04), the Service Specific Terms (SEC-01) and the restaurant's cancellation and no-show rules shown at booking. The Operator is not the seller unless the order summary states so.
4.2 Your account shows the status of each request: requested, held, accepted by the restaurant, declined, expired, cancelled. Only "accepted by the restaurant" is a confirmed reservation or order; the Operator sends a durable confirmation email at that moment.
5. Assistant and AI features
5.1 The assistant is an AI system labelled as such at the start of every interaction. The AI and Identity Use Policy (ACC-02) applies and is shown to you before your first assistant interaction.
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.
6.5 Reviews you post are published only after a completed reservation or order with the reviewed restaurant (C12.4) and are not edited for content.
7. Suspension and closure
7.1 You may close your account at any time from account settings or by email to support@gustix.net. Closure does not cancel a reservation or order the restaurant has already accepted; cancel those under the restaurant's rules first. Confirmations and invoices remain available to you by email after closure.
7.2 The Operator may suspend or close your account for breach of these terms, fraud, repeated no-shows, abuse of restaurants or staff, or a legal requirement, giving you a statement of reasons and the complaint route in the Notice, Action and Appeal Policy (MKT-02), except where urgent security action must come first.
7.3 Data retention after closure follows the Privacy Notice (90 days, longer only for legally required records).
8. Data roles
8.1 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.
8.2 Provider supply data. Where a restaurant supplies services to you 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.
8.3 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.
8.4 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.
8.5 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.
9. Changes to these terms
9.1 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).
9.2 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.
9.3
10. Liability
10.1 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.
10.2 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.
11. Governing law and forum
11.1 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.
12. Complaints and out-of-court resolution
12.1 Complaints may be sent to support@gustix.net or submitted through /nl/legal/complaints. The Operator acknowledges within 2 business days and answers within 15 business days (one calendar month maximum under Spanish customer-service rules).
12.2 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.
12.3 Nothing in this clause prevents you from bringing a claim in court.
Platform-specific terms
Platform role: intermediary, not seller
1. The Operator operates a platform that enables users to discover, contact, book, order from or contract with third-party providers. The Operator is not a party to any contract between a user and a provider unless expressly stated on the order summary.
2. The Operator does not hold, custody or escrow funds for a provider's receivable unless a signed collection mandate exists and the order summary identifies the Operator as payment collector.
3. Providers are independent businesses or professionals. 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.
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.
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Accommodation, reservations and date-specific services
1. The accommodation provider, restaurant or venue is the supplier of the service and the party to the booking contract. The booking is formed when the supplier confirms availability through the platform or by the method stated on the listing.
2. Cancellation, no-show and modification rules are those of the supplier shown on the listing at the time of booking; they apply instead of the statutory withdrawal right (C06.4).
3. Local tourist or accommodation taxes are shown separately and collected by the supplier unless the booking summary states otherwise.
4. The supplier's allergen, accessibility and house rules information is provided by the supplier; the Operator transmits it without alteration.
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