Terms and Conditions

1. Acceptance of Terms

By accessing and using the services of Gastriva (the "Service"), whether through our website, applications, or associated platforms, you agree to comply with these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service.

2. Description of the Service

Gastriva offers a software-as-a-service (SaaS) platform designed for food businesses. The Service may include, depending on the subscribed plan: a custom website, a native mobile app for iOS and Android, order and menu management, a loyalty program, marketing tools, analytics, and other operational features. The exact scope depends on your current plan or contract.

3. License Grant

Gastriva does not sell software or any tangible product. Subject to compliance with these Terms and timely payment of your subscription, Gastriva grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Service during your subscription period, solely for your internal business purposes.

This license does not include the right to: (i) copy, modify, or create derivative works of the Service; (ii) reverse engineer or decompile the underlying software; (iii) sublicense, sell, resell, or transfer access to the Service to third parties; (iv) use the Service to create a competing product or service.

All rights not expressly granted in these Terms are reserved to Gastriva.

4. Subscription, Billing, and Auto-Renewal

The Service is offered through a fixed-price subscription billed monthly or annually, as agreed. Your subscription automatically renews at the end of each period unless you cancel before the renewal date.

By subscribing, you authorize Gastriva to charge the applicable amount to your registered payment method on each renewal date. Prices may change with reasonable advance notice (minimum 30 days). If you disagree with the new price, you may cancel before it takes effect.

Fees paid are non-refundable unless required by applicable law or your contract. Gastriva reserves the right to suspend access to the Service if payment is not successfully processed within the agreed timeframe.

5. Acceptable Use

You agree to use the Service only in a lawful manner and in accordance with these Terms. The following are expressly prohibited:

• Using the Service for fraudulent purposes or in ways that infringe third-party rights.
• Attempting to gain unauthorized access to systems, data, or accounts that are not yours.
• Transmitting viruses, malware, or any harmful code.
• Reverse engineering, decompiling, or disassembling the Service except as expressly permitted by law.
• Sublicensing, reselling, or transferring access to the Service without prior written authorization.
• Using the Service in a way that could damage, disable, or overburden Gastriva's infrastructure.
• Posting or transmitting illegal, defamatory, obscene, or third-party rights-infringing content.

We reserve the right to suspend or terminate accounts that violate these conditions, without prior notice in serious cases.

6. Account and Access Credentials

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. Gastriva shall not be liable for losses resulting from unauthorized use of your account where you have failed to fulfill this notification obligation.

7. Customer Data Ownership

Your data, including your business information, menus, customer records, and transactions ("Customer Data"), belongs to you. Gastriva does not sell, share, or use Customer Data for purposes other than those necessary to provide the Service.

By using the Service, you grant Gastriva a limited license to process Customer Data solely to operate, maintain, and improve the Service as described in these Terms.

Following termination of the Service, you may request an export of your data within 30 days of the termination date. After that period, Gastriva may permanently delete Customer Data from its systems.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information and not to disclose it to third parties without prior written consent, except when required by law or competent authority. Gastriva will treat Customer Data as confidential and will not disclose it except as required to provide the Service or by legal mandate.

9. Third-Party Services

The Service may integrate with or rely on third-party services, including payment processors (such as Stripe) and cloud infrastructure providers. Use of these services is subject to the respective provider's terms and conditions. Gastriva is not responsible for outages, errors, or changes in third-party services. For applications distributed through the Apple App Store or Google Play Store, the terms and policies of Apple Inc. and Google LLC also apply.

10. Service Availability

Gastriva will make commercially reasonable efforts to keep the Service available. However, we do not guarantee uninterrupted availability. Outages may occur due to scheduled maintenance, updates, third-party failures, or causes beyond our control. Gastriva shall not be liable for damages resulting from Service interruptions.

11. Intellectual Property

Gastriva and its licensors own all intellectual property rights in the platform, software, design, brand, and materials that make up the Service. These Terms do not grant you any ownership rights in those elements. The name "Gastriva," logos, and other trademarks are the exclusive property of Gastriva LLC and may not be used without express written authorization.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GASTRIVA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Gastriva shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, customers, or reputation, arising from the use of or inability to use the Service. Gastriva's total liability shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Gastriva, its directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) your use of the Service in violation of these Terms; (ii) content you post or transmit through the Service; (iii) your infringement of third-party rights; or (iv) any claim related to your business.

15. Modifications to Terms

We may modify these Terms at any time. Material changes will be notified at least 15 days in advance via notice in the Service or by email. Continued use of the Service after the changes take effect constitutes acceptance of the new Terms. If you disagree, you must cancel your subscription before the effective date of the change.

16. Termination and Effects

We may suspend or terminate your access to the Service if you breach these Terms or your contract, with or without prior notice depending on the severity of the breach.

You may cancel your subscription at any time from your user dashboard or by contacting support. Cancellation takes effect at the end of the current billing period; no refunds are issued for the remaining period.

Upon termination: (i) your right to use the Service ceases; (ii) you have 30 days to request a data export; (iii) provisions that by their nature should survive (limitation of liability, intellectual property, indemnification) will remain in effect.

17. Force Majeure

Gastriva shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, telecommunications outages, infrastructure provider failures, government actions, pandemics, or other force majeure events.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Puerto Rico and, where applicable, the federal laws of the United States. Any dispute arising from these Terms or the Service shall be submitted to the competent courts of Puerto Rico, unless your contract provides otherwise.

19. General Provisions

Entire Agreement: These Terms, together with your contract or subscription plan and the Privacy Policy, constitute the entire agreement between you and Gastriva with respect to the Service and supersede any prior agreements.

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Gastriva's failure to exercise any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign these Terms or any of your rights or obligations without the prior written consent of Gastriva. Gastriva may assign these Terms without restriction.

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