Terms and Conditions

Welcome to Camarai. This document contains the Terms and Conditions of Use that govern the legal agreement between Camarai (Service Provider) and you (the user). Acceptance of this document and our Privacy Policy is a prerequisite for using any of the functionalities of our platform.

1. Purpose and Acceptance of the Terms

These Terms and Conditions govern access and use of Camarai, an integrated management software for hospitality and tourism businesses (restaurants, bars, hotels, etc.) available on the web and mobile application (the "Service").

By creating an account, using the application, or scanning a QR code to place orders, you fully accept these Terms, as well as our Privacy Policy, available on the website. If you do not agree with any of the clauses, you must not use the Service.00

User Profiles:

• B2B Customer / Business or Operator: Legal entity or self-employed person who hires and manages a business through Camarai.

• B2C Customer / Consumer User: Person who interacts with the system (e.g., scans a QR to place orders).

• Beta Tester: Account enabled for testing with special conditions and limitations.
  
  

2. Description of the Service
Camarai provides main modules that include QR order automation, inventory management, sales, personnel, expenses, promotions, digital menus, and table management. The exact functionality will depend on the subscription plan contracted by the B2B Customer. The Service may integrate with third-party applications, including Meta platforms (WhatsApp, Instagram, Messenger) through their APIs.

3. Conditions of Access and Use

3.1. Eligibility

The Service is directed exclusively to individuals aged 18 and older who have the legal capacity to contract. If acting on behalf of a company, you guarantee that you have the authority to legally bind that entity.

3.2. Accounts and Passwords

The B2B Customer is responsible for maintaining the confidentiality of their credentials and all activity that occurs under their account and that of their employees or associates. Camarai will not be responsible for any losses or damages arising from the failure to comply with this obligation.

3.3. Prohibited Use

The following is strictly prohibited:

1. Using the Service for illegal or fraudulent purposes.

2. Entering false, defamatory information or infringing on the rights of third parties.

3. Performing reverse engineering, decompiling, duplicating, or attempting to obtain the source code of the software.

4. Introducing viruses, trojans, or any malicious code.

5. Any use that causes damage or overload to Camarai's system or infrastructure or its providers.
   
   

4. User Content and Intellectual Property

4.1. B2B Customer Content

The B2B Customer retains ownership of all content that they upload or generate through the Service (e.g., menus, prices, inventory, end customer B2C data).

The B2B Customer represents and warrants that they hold all rights, consents, and licenses necessary to process the data of their B2C Customers through Camarai and integrated third-party platforms (including Meta).

The B2B Customer grants Camarai a worldwide, non-exclusive, free, and sublicensable license to use, host, reproduce, and distribute such content, solely for the purpose of providing and improving the Service.

4.2. Ownership of Camarai

All intellectual and industrial property rights related to the Service (software, source code, design, logos, trademarks, AI algorithms, etc.) belong exclusively to Camarai.

The use of the Service does not imply a transfer of rights over these assets. Unauthorized use of our trademarks is prohibited.

4.3. Ownership of AI and Generated Content

The output or content generated by the artificial intelligence functions within the Service will be governed by the license granted to the B2B Customer for commercial use, provided that such use does not violate the law.

5. Pricing, Payment, and Billing

5.1. Subscription Plans

Access to the main modules and functionalities of the Service requires contracting a paid subscription plan. The fees, billing periods, and specific conditions will be visible at the time of contracting.

5.2. Payment Methods

Payments are processed through Stripe (or the payment service provider that Camarai designates in the future). The customer agrees to the terms of use of that payment gateway. Camarai does not store sensitive credit card data.

5.3. Modifications and Refunds

Camarai reserves the right to modify prices at any time. Such modifications will be notified with reasonable notice. Subscription payments are non-refundable, unless otherwise required by law.

6. Disclaimer of Warranties and Limitation of Liability

6.1. Quality of Service

Camarai provides the Service "as is" and "as available." We do not guarantee that the Service is error-free, uninterrupted, or meets all expectations of the B2B Customer. We make reasonable commercial efforts to keep the service active.

6.2. Exclusion of Liability

Camarai shall not be liable for:

1. Loss of profits, revenue, savings, or indirect, incidental, or consequential data resulting from the use or inability to use the Service.

2. Damages caused by viruses or third-party cyberattacks.

3. Non-compliance by the B2B Customer with applicable hospitality, consumer, or any other legislation related to their business, including the Messaging and Commercial Policies of Meta Platforms.

4. Disputes, losses, or damages arising from transactions between the B2B Customer and the Consumer User (B2C).
   
   

6.3. Maximum Limit of Liability

In no event shall Camarai's total liability to the B2B Customer for any claim arising from these Terms or the use of the Service exceed the total amount paid by the B2B Customer to Camarai in the six (6) months immediately prior to the date of the claim.

7. Suspension and Termination

Camarai may suspend or terminate your account immediately if:

1. There is a material breach of these Terms.

2. Fraudulent or illegal activities are detected.

3. It is required by court or administrative order, or by requirement from Meta Platforms Inc. due to a breach of its policies.
   
   

The B2B Customer may cancel their subscription at any time through their account settings.

Upon termination, account information will be retained for the legally required period and thereafter will be deleted in accordance with our Privacy Policy.

8. Applicable Law and Jurisdiction

These Terms are governed by the laws of Spain. Any dispute or controversy will be submitted to the Courts and Tribunals of the city of Alicante, Spain, waiving any other jurisdiction that may correspond.

9. General Provisions

9.1. Modifications

Camarai reserves the right to modify these Terms at any time. We will notify substantial changes through the Service or by email. Continued use of the Service after notification of changes constitutes acceptance of the new Terms.

9.2. Nullity

If any provision of these Terms is deemed null or unenforceable, such provision will be deemed separate from the Terms, without affecting the validity and enforceability of the rest of the provisions.

10. Identity and Contact of the Service Provider

Service Provider (CamaraiSL): Camarai (in formation).

• Tax ID: The company is currently in the process of formation and registration. The provisional or definitive Tax ID will be provided in this section as soon as it is available.

• Registered Office and for Notification Purposes: C/ Brasil, 6, 03008 Alicante (Alacant), Alicante, Spain.

• Registration Data: The company is in the process of registration in the Commercial Registry. The data (Volume, Page, and Section) will be published in this section once the registration is complete.

• Contact Email: contacto@camarai.es
  
  

Annexes

The Service includes the following conditions which are an integral part of these Terms and Conditions, the content of which is pending development:

• Annex A: Beta Testers Program (Special trial conditions).

• Annex B: Open source licenses (OSS) and third parties.

• Annex C: API usage policy (Keys, limits, etc.).