1. Identification of the Owner

The technological platform known as GUAVA (hereinafter, the "Platform") is owned by PICK & PAY APP, S.L.U., with tax identification number B10619526, registered office at Carrer de Calàbria 149, Entresuelo 1, 08015, Barcelona (Spain), and contact email address [email protected] (hereinafter, "GUAVA", the "Owner" or the "Company").

PICK & PAY APP, S.L.U. acts exclusively as the provider of the Guava technological platform, made available to restaurants and bars (the "Establishments"), without intervening as seller or material provider of the products or services offered by said Establishments.

2. Purpose

These Terms and Conditions of Use (the "Terms") govern access to, browsing and use of the Platform by end-user natural persons (the "Users"), who access the Platform for the purpose of viewing information about establishments, placing orders and making payments. Subject to compliance with these legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable and revocable licence to access our Services.

3. Acceptance

Access to and use of the Platform implies the express, full and unreserved acceptance of these Terms, as well as the Privacy Policy and the Cookie Policy. If the User does not agree with them, the User must refrain from using the Platform.

4. Registration and Account

Use of the Platform is reserved for persons of legal age, with sufficient legal capacity to contract and to use valid means of payment. The User declares that the data provided are truthful, accurate and up to date. You agree to maintain the confidentiality of your password and will be responsible for all use of your account and for all actions carried out through your account. GUAVA is not obliged to verify the User's real identity unless required by law.

5. Description of the Service

The Platform allows Users, among other things, to view digital menus and information about establishments, place orders within the establishment itself, make associated electronic payments, and write reviews. The preparation, quality, delivery and execution of orders correspond exclusively to the Establishment. GUAVA does not control or intervene in the material provision of the service offered by each establishment.

6. Orders and Contractual Relationship

Each order constitutes a direct legal relationship between the User and the Establishment. GUAVA assumes no contractual responsibility with respect to the products or services purchased.

7. Prices and Taxes

The prices shown on the Platform are set exclusively by the Establishments and include, where applicable, the taxes applicable in accordance with current regulations. GUAVA has no control over price setting.

8. Electronic Payments

Payments are processed through external payment service providers, currently Stripe, which act as independent entities. GUAVA does not store card data and, during the transaction phase, uses the security systems of the payment provider. GUAVA does not act as a financial institution or as a holder of funds. Charge, settlement or refund periods depend on the payment provider and the participating banking entities.

9. Cancellations, Returns and Withdrawal

Without prejudice to the foregoing, the User acknowledges that certain Establishments may activate specific conditions relating to no-shows, delays or late cancellations ("no-show"). Such conditions shall, where applicable, be informed by the Establishment itself prior to confirmation of the order or reservation and shall be the exclusive responsibility of the Establishment. GUAVA assumes no responsibility whatsoever for the consequences arising from the User's failure to comply with such conditions.

10. User Obligations

The User undertakes to use the Platform in a lawful and diligent manner and in accordance with good faith, refraining from making fraudulent or unlawful uses or uses that may harm GUAVA, the Establishments or third parties.

Prohibited Activities

You may not access or use our Services for any purpose other than that for which we make our Services available. Our Services may not be used in connection with any commercial endeavour except those specifically endorsed or approved by us.

As a user of our Services, you agree not to:

• Systematically extract or collect data or other content from our Services in order to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written authorisation.
• Deceive or defraud us or other users, especially through any attempt to improperly obtain confidential account information, such as user passwords.
• Circumvent, disable or otherwise interfere with security-related features of our Services, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Services and/or the Content contained therein.
• Disparage, tarnish or otherwise harm, in our opinion, us and/or our Services.
• Use any information obtained from our Services to harass, abuse or harm another person.
• Upload or transmit, or attempt to do so, viruses, Trojan horses or other harmful material, including sending spam (repetitive posting of text), that interferes with the use of our Services, or that modifies, impairs, disrupts, alters or interferes with any aspect of their functionality, features, operation or maintenance.
• Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of our Services to you.
• Upload or attempt to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Use a purchasing agent to make purchases on our Services.
• Sell or otherwise transfer your profile.

11. Suspension and Termination

GUAVA may suspend or terminate the User's access in the event of breach of these Terms, improper use, fraud or legal requirement, without giving rise to any right to compensation. The User may request the deletion of their account at any time by written communication addressed to GUAVA through the enabled contact channels. Account deletion shall be carried out in accordance with applicable regulations and the provisions of the Privacy Policy.

12. Liability

GUAVA shall not be liable for damages arising from: errors attributable to the Establishments; service interruptions due to technical causes, maintenance or force majeure; improper use of the Platform by the User; disputes, claims or refunds managed by payment service providers.

Management of disputes, claims and chargebacks

Disputes, claims or chargeback procedures arising from payments made through the Platform shall be governed by the conditions of the corresponding payment service provider and by the policies of the Establishment. GUAVA does not guarantee the outcome of such procedures nor assumes responsibility for decisions adopted by payment providers or financial institutions. In no event shall GUAVA be liable for indirect damages or loss of profit.

13. Force Majeure

GUAVA shall not be liable for failure to perform its obligations where such failure is due to force majeure, including, but not limited to, network failures, interruptions of third-party services, natural disasters, governmental acts or cyberattacks.

14. Third-Party Services and External Links

The Platform may contain links or references to websites, applications or services managed by third parties. Such links are provided solely for informational purposes. GUAVA does not control nor is it responsible for the content, availability, privacy policies or practices of such third parties, nor does it guarantee the accuracy of the information provided. Access to and use of third-party services is carried out under the User's sole responsibility.

15. Intellectual Property

We are the owners or licensees of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in our Services (collectively, the "Content"), as well as the trademarks, service marks and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Spain and worldwide. The Content and Marks are provided in or through our Services "AS IS" for your personal use only.

16. Modifications

GUAVA reserves the right to modify these Terms at any time. The current version shall be the one published on the Platform. All proposed modifications shall be notified in writing to customers. Notification shall be made by email to the address registered in the contract and/or through a visible notice on the platform. Customers shall be deemed to have accepted the modifications if they do not express their objection in writing within a period of 3 days from receipt of the notification. Continued use of our Services by the customer after receiving the notification shall be deemed implicit acceptance of the proposed modifications.

17. Data Protection

The processing of personal data shall be governed by the provisions of the Privacy Policy, which the User declares to know and accept.

18. Online Dispute Resolution

In accordance with applicable consumer regulations, users are informed of the existence of the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/

19. Applicable Law and Jurisdiction

These Terms shall be governed by Spanish law. Any disputes shall be submitted to the Courts and Tribunals of the city of Barcelona, without prejudice to mandatory consumer protection regulations.