Partner Terms of Service

1. Definitions

• Service: the KuKA web application and websites, including backoffice tools, staff screens and guest pages opened by link or QR code, as made available from time to time.
• Account: a user account on the Service.
• Guest: a person who uses the guest pages at a venue, for example to view a menu or place an order.
• Customer Data: all data and content entered into or generated through the Service by or for the Customer, including menus, prices, images, orders, tabs and staff records.
• Personal Data, controller, processor and sub-processor have the meaning given in the GDPR.
• Subscription: the paid plan for the Service described in section 5.
• Privacy Policy: KuKA's Privacy Policy.

2. The Service

KuKA is a hosted software platform that lets operators and their staff manage restaurants, tables, menus and guest orders through a web application. Features may include backoffice tools, staff views (room, kitchen and bar) and guest pages. The exact feature set depends on the product version and configuration we make available, and may change.

We do not provide food, beverage or hospitality services. You are solely responsible for what is sold, how prices are charged, applicable taxes, and compliance with licensing and consumer rules (see section 8).

Some features depend on third-party services, such as Stripe for payments and an email delivery provider. We are not responsible for interruptions caused by them, but we will use reasonable efforts to restore the Service.

3. Accounts and roles

You must provide accurate registration information and keep credentials confidential. You are responsible for all activity under your Accounts, including those of your staff, and for removing access of people who leave. Tell us promptly if you suspect unauthorised access.

The Service uses roles: platform administrators of KuKA; franchise administrators; restaurant managers or administrators; and staff. A franchise administrator can grant and revoke access to restaurants in their franchise. You must assign roles appropriately and only to people you are authorised to engage.

You should confirm your email address. An account whose email is not confirmed can use the Service for 30 days after sign-up. After that, confirmation is required.

KuKA platform administrators may access your Account and Customer Data when needed to provide support, keep the Service secure or comply with law. Such administrative access is logged.

4. Free demo and trial

The demo is a free preview with sample data. By default it lasts 24 hours, after which the demo user is disabled. Demo features, availability and data are provided as they are, without any commitment. Do not enter real guest personal data in a demo.

When you start a Subscription a 30-day trial applies. We may send reminders before the trial ends. Unless you cancel before the trial ends, the Subscription starts and you will be charged.

5. Subscription, fees and taxes

The Subscription is a recurring monthly plan. The price is shown before you pay: at checkout and on the Billing page of the backoffice. Customers whose franchise currency is Brazilian real (BRL) are billed in BRL; all others are billed in euro (EUR).

Payment is processed by Stripe through Stripe Checkout, and Stripe's terms apply to the payment. You authorise recurring charges until you cancel. You can manage your payment method, invoices and cancellation through the billing portal.

VAT and other taxes are applied as required by law and as shown at checkout. You must provide accurate billing details, including name, address and tax identification number.

We issue a fiscal invoice for each payment through an invoicing provider (currently Moloni, when enabled) and send it to your billing email from faturas@getkuka.com. Invoices are also shown in the Billing page.

If a payment fails, we keep your access for a 7-day grace period after the first failure. If the payment is not resolved, access to the Service may be restricted until it is.

We may change prices or plans for future billing periods by giving you prior notice; you can cancel before the change applies. Fees already paid are not refundable, except as required by law. You can cancel at any time; your Subscription stays active until the end of the period already paid, and no partial or pro-rata refunds are given.

6. Acceptable use

You agree not to:

• misuse the Service, attempt to breach or test its security, or interfere with other customers or with its infrastructure;
• upload unlawful, infringing or harmful content, or malware;
• access the Service through automated means such as scraping, or reverse engineer it, except where the law allows it;
• share credentials, or use the Service in violation of applicable law or third-party rights.

We may remove content or suspend access that breaches this section.

7. Customer Data and content

You retain all rights in Customer Data. You grant KuKA a limited, non-exclusive licence to host, process, copy and display Customer Data as needed to operate and secure the Service for you and to provide support, and to create aggregated, non-identifying statistics about use of the Service.

You are responsible for the legality and accuracy of Customer Data, including that you have the right to upload images and menu text.

8. Your responsibility for your restaurant

As between you and KuKA, you are responsible for:

• menus, prices, availability and promotions shown to Guests;
• allergen and nutritional information. KuKA lets you record certain allergen markers, but does not verify them and does not replace your duty to inform Guests;
• food safety, licences, opening hours and service quality;
• compliance with consumer law and tax law for your sales to Guests, including issuing the fiscal documents the law requires for those sales;
• how payment from Guests is collected and recorded. KuKA does not process Guest payments; staff mark items as paid in the app as an operational record.

9. Personal data of Guests and staff

You are the controller of the personal data of your Guests and staff that is processed through the Service. You are responsible for having a lawful basis, for informing Guests and staff, and for responding to their requests. You should make the Privacy Policy and the Guest Terms of Service available to Guests where appropriate.

KuKA is the controller of its own account, billing, security and website data, as described in the Privacy Policy.

10. Data processing terms (GDPR Art. 28)

This section forms the data processing agreement between you (controller) and KuKA (processor) for Customer Data that contains personal data.

• Subject matter and duration. Providing the Service to you, for as long as the agreement lasts and until deletion or return under section 15.
• Nature and purpose. Hosting and processing needed to run the Service: storing menus, table check-ins, carts, orders, tabs and staff records, displaying them to you and your staff, and technical support.
• Types of data and data subjects. Guests (guest identifier, table, cart, orders) and your staff (name, email, role, actions). No special categories of data are intended; allergen markers relate to dishes, not to individuals.
• Instructions. We process personal data only on your documented instructions, which are these Terms and your use of the Service, unless EU or Portuguese law requires otherwise, in which case we will inform you where permitted.
• Confidentiality. Our personnel with access are bound by confidentiality.
• Security. We apply the measures described in section 9 of the Privacy Policy and keep them appropriate to the risk (Art. 32).
• Sub-processors. You give general authorisation for the sub-processors in section 6 of the Privacy Policy. We impose equivalent data protection obligations on them. We will inform you of changes by updating that section, and you may object on reasonable data protection grounds within 30 days, in which case we will work with you on a solution or you may terminate.
• Assistance. We help you respond to data subject requests and meet your obligations under Arts. 32 to 36, taking into account the nature of the processing.
• Personal data breaches. We notify you without undue delay after becoming aware of a breach affecting Customer Data.
• International transfers. Only under the safeguards described in section 7 of the Privacy Policy.
• Deletion or return. At the end of the Service we delete or return personal data as set out in section 15, unless the law requires storage.
• Audits. We make available the information necessary to show compliance and allow for audits on reasonable notice, no more than once a year unless required by a supervisory authority or following a breach.

11. Availability, support and changes to the Service

We will use reasonable efforts to keep the Service reliable and secure. We may modify the Service by updating software or changing features, and we may carry out maintenance. We do not commit to any uptime, response time or service level, and we do not guarantee uninterrupted or error-free operation. The Service is otherwise provided "as is" and "as available".

Support is available by email at support@getkuka.com.

12. Intellectual property

KuKA retains all rights to the Service, its branding and underlying software, except as expressly stated in these Terms. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term for your own business. Feedback you give us may be used by us without restriction.

13. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including liability for wilful misconduct or gross negligence, and for death or personal injury.

Subject to that, and to the maximum extent permitted by law, KuKA and its affiliates, directors, employees and suppliers are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. Nor is KuKA liable for any other loss or damage arising out of these Terms.

KuKA is not liable for the acts of Guests, for your food or service, or for failures of third-party services outside our reasonable control.

14. Indemnity

You will defend and indemnify KuKA against third-party claims arising from Customer Data, your breach of these Terms or your violation of law, subject to applicable mandatory law. KuKA will notify you promptly of the claim, allow you to control the defence, and cooperate reasonably at your cost.

15. Suspension, termination and data export

You may stop using the Service and cancel your Subscription at any time through the billing portal or by contacting us.

We may suspend or terminate access for material breach, non-payment, risk to the Service or other customers, or legal obligation. Where reasonable and lawful we will give you notice first.

On termination you may ask for an export of your Customer Data in a commonly used format, and we will use reasonable efforts to provide it. After termination we delete or anonymise Customer Data within 90 days, unless the law requires us to keep it (for example invoicing records).

Provisions that by nature should survive termination will survive.

16. Changes to these Terms

We may update these Terms from time to time. Where reasonably practicable, material changes will be communicated by a prominent notice in the product or on our website before they take effect. If you do not agree to the updated Terms, you should stop using the Service and cancel your Subscription. Continuing to use the Service after the effective date means you accept the updated Terms.

17. General

These Terms and the Privacy Policy are the entire agreement on their subject matter. If a provision is invalid, the rest remains in force. You may not assign the agreement without our consent; we may assign it to a successor of our business. Neither party is liable for failure caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in the Service; notices to us go to support@getkuka.com. Translations are provided for convenience and are intended to have the same meaning.

18. Governing law and venue

These Terms are governed by the substantive laws of Portugal. Any dispute arising out of or in connection with them is subject to the exclusive jurisdiction of the courts of the judicial district of Lisbon, Portugal, without prejudice to mandatory consumer or employment protections where applicable.

Vírgula Majestosa Unipessoal, Lda, NIPC 519131410, Largo República da Turquia 6, Lumiar, Lisboa. Contract and support contact: support@getkuka.com.