Terms and Conditions of Use

Last updated: 01/12/2025

1. Introduction

These Terms and Conditions govern the access and use of digital services provided by Ristofy SpA ("Ristofy", "we", "our"), including POS, Booking, Order & Pay, Scan & View, Analytics, Inventory, and any other functionality available at ristofy.io or its associated applications (collectively, the "Services"). By using our Services, the user or establishment ("Client") declares having read, understood, and accepted these Terms.

2. Definitions

Client: Restaurant, hotel, café, or other establishment that contracts the Services. End Users: Individuals who make reservations, orders, payments, or inquiries through interfaces provided by Ristofy. Client Content: Menus, prices, images, product data, operational information, or any content that the Client uploads to the platform. Personal Data: Information in accordance with Chilean Law 19,628.

3. Use of Services

3.1. The Client is responsible for the accuracy and updating of published content (menus, prices, hours, promotions). 3.2. Ristofy is not responsible for errors arising from information provided by the Client. 3.3. The Client is responsible for maintaining the confidentiality of their access credentials. 3.4. It is prohibited to: • Use the Services for illegal activities. • Attempt to access or manipulate systems without authorization. • Reproduce, distribute, or modify the platform without prior permission.

4. Service Availability

Ristofy is committed to maintaining high availability; however, it does not guarantee uninterrupted operation due to scheduled maintenance, technical contingencies, or force majeure.

5. Payments and Billing

5.1. Some Services require a monthly/annual subscription or payment. 5.2. The Client authorizes the issuance of electronic invoices in accordance with Chilean regulations. 5.3. Non-payment may result in suspension or limitation of access.

6. Intellectual Property

The platform, design, software, brands, and logos are the exclusive property of Ristofy SpA. The Client retains ownership of their content (menus, photos, establishment information), granting Ristofy a non-exclusive license to operate and display said content within the Services.

7. Liability

7.1. Ristofy is not liable for: • Economic losses arising from errors in prices, inventory, or information uploaded by the Client. • Malfunction due to misuse or integration with unauthorized third-party software. • Losses arising from external interruptions, internet failures, or external providers. 7.2. In no event shall Ristofy be liable for indirect damages or lost profits.

8. Personal Data

The processing of personal data is governed by our Privacy Policy, in accordance with Law 19,628.

9. Modifications

Ristofy may update these Terms with prior notice. Continued use implies acceptance of the modifications.

10. Applicable Law

This agreement is governed by the laws of the Republic of Chile. Any dispute shall be submitted to the ordinary courts of Santiago.