This is a courtesy translation; the Spanish version prevails.

Subscription terms

Last updated: pending (publication date).

1. Who we are and what these terms cover

These terms cover the paid subscription to Mestry, software for restaurants and bars (POS, QR menu and related services), between Juan Camilo Buitrago Morales (tax ID shown in the legal notice), with an address at Calle Bernat Descoll 51, 7th floor, door 20, 46026 Valencia, Spain, and email mestrycontacto@gmail.com («Mestry»), and the business that subscribes («the customer»).

Mestry is offered only to businesses and professionals for use in their activity, not to consumers. When subscribing, the customer expressly accepts the version of these terms in force at that time, which is sent to them by email.

2. Plans and prices

• Mestry Starter: €29.99 a month plus VAT, per venue. Includes the POS and the customisable QR menu, without AI, with 2 simultaneous floor or till devices and 2 kitchen screens.
• Mestry POS + AI: €79.99 a month plus VAT, per venue. Includes the POS and the QR menu with a digital waiter, with 5 simultaneous floor or till devices and 5 kitchen screens.

If the customer needs more devices or screens, they can ask for an upgrade. Its price will be agreed in writing before it applies.

The digital waiter in the Mestry POS + AI plan is a beta feature: it answers from the menu the customer publishes, can make mistakes, may change while it is improved and never decides on allergies, which are always referred to the venue's staff. The customer remains responsible for the information on their menu, including allergens.

Features marked on the website as «Coming soon» are not part of the subscription until they are available.

3. Free pilot

The free pilot for our first restaurants is not subject to these paid terms. Its duration and conditions are agreed in writing with each restaurant. When the pilot ends, the restaurant only moves to a paid plan if it expressly accepts; otherwise the service ends at no cost.

4. Term, payment and invoices

• The subscription is monthly and renews automatically every month until the customer cancels it.
• Payment is taken automatically at the start of each month of service, from the card or bank account (direct debit) the customer provides when subscribing. Payments are handled by an external payment provider; Mestry does not store full card or account details.
• Mestry sends an invoice for every payment to the account email.
• If a payment fails, Mestry will notify the customer by email and try again. If the amount remains unpaid, Mestry may suspend the service after notice in writing, and will reactivate it as soon as it is paid.

5. Price changes

1. Mestry may change the price of a plan only for future renewals. A change is never retroactive and never affects periods already paid.
2. Before charging a new price, Mestry will notify each affected customer individually and in writing, at their account email, at least two months in advance. The notice will state the reason for the change, the new price and the renewal date on which it applies.
3. The customer may cancel the subscription without penalty at any time before that renewal. If they cancel, the new price is never charged.
4. If Mestry does not give that notice, it will not charge the new price at that renewal and will keep the previous one. The new price may only apply at a later renewal that does meet the notice period.

This clause applies to customers who accept this version of the terms. A customer with an earlier contract only moves to these terms if they expressly accept them.

6. Cancellation

• The customer can cancel at any time from the Mestry admin panel or by writing to mestrycontacto@gmail.com. Mestry will confirm the cancellation by email.
• There is no minimum term and no penalty. Cancellation takes effect at the end of the month already paid: until then the service keeps working and no further payment is taken.
• After cancellation, Mestry keeps the account data (for example, first and last names, email and phone number, and the venue's settings) for 60 days, in case the customer decides to come back or to resolve incidents. After that period it deletes them, except invoices and any data the law requires to be kept for longer.

7. Data the customer processes with Mestry

For the personal data the customer enters into Mestry (for example, about their staff or their guests), the customer is the controller and Mestry acts as processor, under Article 28 of the General Data Protection Regulation. In particular, Mestry:

• processes that data only to provide the service and following the customer's instructions;
• requires confidentiality from anyone who accesses it and applies appropriate security measures;
• only uses other providers (sub-processors) needed for the service, whose list it gives the customer when subscribing, and notifies the customer before adding or changing one so they can object;
• helps the customer answer requests from individuals and notifies them without delay of any security breach affecting their data;
• when the service ends, returns or deletes the data within the period set out in section 6.

The digital waiter only receives the public part of the menu and the guests' questions; it does not receive sales, till or staff data.

8. Use of the service and availability

• The customer agrees to use Mestry lawfully, to keep their passwords safe and not to try to access other customers' data.
• Mestry aims to keep the service available at all times, but there may be interruptions for maintenance, provider failures or causes beyond its control. Whenever possible, it will give advance notice of planned maintenance.
• Support is provided by email at mestrycontacto@gmail.com.

9. Liability

Mestry is responsible for providing the service with due care. Except in cases of wilful misconduct or gross negligence, Mestry is not liable for indirect damage or loss of profit, and its total liability to the customer is limited to what the customer paid in the 3 months before the event giving rise to it. Mestry is not responsible for the content the customer publishes on their menu, including prices and allergens.

10. Changes to these terms

If Mestry changes these terms, it will notify the customer by email at least two months in advance. If the customer does not agree, they can cancel without penalty before the changes apply. Price changes are governed by section 5.

11. Governing law and courts

These terms are governed by Spanish law. For any dispute, the parties submit to the courts of Valencia, Spain.