Gastrobyte, S.L., a Spanish company with registered office at Plaza de Perón 7, Las Palmas de Gran Canaria and Tax Identification Number B44710838, registered in the Mercantile Register of Las Palmas de Gran Canaria, (hereinafter, "mappetite" or "mappetite studio"), has developed a computer application to advise on the process of creating culinary dishes or menus for organisations and/or individuals in the gastronomic sector.
These Terms and Conditions of Use regulate the rules governing access to and use of the mappetite studio platform, accessible through the mappetite.studio web domain (hereinafter "the Platform"). Access to the Platform confers the status of user to the user (hereinafter, the "User") and implies acceptance of all the conditions included in this document and in the Privacy Policy of mappetite studio.
Description of mappetite studio Services
Mappetite Studio is a cloud-based culinary oriented assisted design platform used by both organisations and individuals ("Clients") to conceptualise culinary dishes or menus digitally. Subject to, and conditional upon the Client's continuous and full compliance with all terms and conditions, mappetite studio grants to the Client and its Users, during the Term, a revocable, non-transferable, non-exclusive and limited license and right to access and use the Services and the Platform solely for its internal purposes.
Usage
The User must use the Platform in good faith and in accordance with current legislation and these Terms and Conditions. Likewise, the User must respect the intellectual and industrial property rights owned by mappetite studio.
It is strictly forbidden to use any of the contents of the Platform for purposes that are or may be illicit, as well as to carry out any action that causes or may cause damage or alterations of any kind not consented to by mappetite studio to the Platform, its contents or other Users. In particular (but not limited to) the User may not:
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of mappetite studio.
Circumvent, disable or otherwise interfere with the security features of the Platform, or interfere with, disrupt or create an undue burden on the Platform or services connected to the Platform.
Defraud or deceive mappetite studio or other Users, especially in any attempt to learn sensitive account information, such as Users' passwords, or impersonate another User or person or use another User's username.
Misuse our support services or file false reports of abuse or misconduct.
Sell, share or otherwise transfer your profile or credentials.
Use any information obtained from the Platform to harass, intimidate, threaten to harass, abuse or harm another person, including other Users and our employees.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material that interferes or may interfere with any party's uninterrupted use and enjoyment of the Platform or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Platform.
Access and security
Please note that if you choose to access the mappetite studio Platform via Google account authentication and verification, Google Ireland Ltd's own Google Ireland Ltd's own terms and conditions may also apply. Similarly, if you choose to sign in through your Meta Platforms Ireland Ltd. (Facebook) account, your own terms and conditions may also apply.
Regardless of the method of authentication used, the User shall maintain the confidentiality of his/her account username and password and shall not allow any person to use his/her username, password or any other form of authorisation. The User must ensure that he/she exits the Platform after terminating his/her use of the Platform. The User is solely responsible for all activity using his or her account, including any misuse of the username and password and any damage caused by such misuse. Mappetite studio can rely on the provision of your username and password to identify and authenticate you as a User. Mappetite studio shall not be liable for any damages, costs, expenses or fees arising from the disclosure of your username, password or other account information to another person.
If the security or confidentiality of your username, password or any other form of authorization is compromised or if you believe that your account has been subject to unauthorized use, you should immediately notify hello@mappetite.studio
Price
Mappetite.studio has a Pricing Plan. If you wish to obtain a customised quotation, please contact Mappetite.studio. The prices indicated for each product in its corresponding file do not include applicable direct taxes and, in any case, are expressed by default in the local currency. These prices, unless expressly stated otherwise, do not include the costs of any other additional services (understood as Premium services) and annexes to the service purchased.
The following payment methods are available:
- Bank debit or credit card.
- Any other payment method offered by our partner Stripe in each region.
- Paypal payment method.
1) Free plan: The Customer may choose to access the Services through the free subscription plan. The content and functionalities of the Platform for this plan are limited. Mappetite studio is not responsible for the loss of data after 3 months of use of the free plan accounts due to optimisation of services, servers and/or plans.
2) Paid plans ("single", "duo", "team"): The Customer may choose to access the Services through any of the three paid subscription plans. The content and functionalities of the Platform for these plans are not limited. In case of cancellation of any of these paid plans, the account will be limited to the free plan after the expiration of the renewal date of the paid subscription. Once the paid plan is cancelled, the content not included in the free plan previously developed in the paid plan will remain blocked until a renewal of the paid plan. Likewise, after a period of 3 months without renewal of the payment plan, this content is liable to be removed due to an optimisation of the services, servers and/or plans. In particular (but not limited to) the User may not in relation to the paid plan sell, share or otherwise transfer his profile or credentials. In particular, the "single" payment plan may only be used by 1 single User, the "duo" payment plan may only be used by up to 2 single Users and the "team" payment plan may only be used by up to 6 single Users. All users of such plans are subject to the terms and conditions set out above in relation to the payment plans.
Intellectual property rights
Mappetite studio has developed and is the full and exclusive owner and holder of all Industrial and Intellectual Property rights over the Platform, as well as its updates, improvements, revisions, extensions, modifications, adaptations, rectifications, translations or new versions.
The User undertakes to respect and maintain the Industrial and Intellectual Property rights of the Platform, as well as the documentation and information that mappetite studio makes available to them in compliance with the provisions of these conditions.
The Users shall cooperate with mappetite studio in the protection of said Industrial and Intellectual Property rights of the Platform, or of any other Industrial and Intellectual Property rights and shall inform mappetite studio of any infringement of said rights of which the User has direct or indirect knowledge.
The User acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised benchmark test results of any of the elements and utilities integrated within the development constitutes an infringement of mappetite studio's intellectual property rights and, consequently, undertakes not to carry out any of the aforementioned actions.
Mappetite studio may request or collect and/or the Client may provide, from time to time, written suggestions, opinions or comments as part of the Client's and Users' use of the Services (the "Feedback"). The Customer acknowledges and agrees that such Feedback shall be deemed the property of mappetite studio and mappetite studio shall exclusively own all rights, now known or hereafter existing, in and to the Feedback globally and in perpetuity, and shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. Furthermore, mappetite studio reserves the right to include the Client's name and standard logo in its public customer lists, press releases and the like.
Data Protection and Confidentiality
We will process your personal data in order to provide you with its Services in accordance with the provisions of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter "LOPD"), the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (hereinafter "GDPR"), the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA). Any personal information you provide while using the Website will be treated in accordance with mappetite studio's Privacy Policy and appropriate security measures will apply.
Please note that our Privacy Policy only applies to information that mappetite studio collects and uses, through access to the Website. Any information disclosed to third parties is treated in accordance with the privacy policies adopted by each of those third parties. However, we only use third party services whose policies are consistent with ours.
Responsibilities
Mappetite studio provides the Platform "as is" and "as available" without any promise or warranty, express or implied. In particular, mappetite studio does not warrant or make any representations regarding the validity, accuracy, reliability or availability of the Platform or its content. To the extent permitted by applicable law, mappetite studio excludes all promises, whether express or implied, including promises that the Platform is fit for purpose, of satisfactory quality, non-infringing, free from defects, capable of uninterrupted operation, that the User's use of the Platform complies with laws or that any information you transmit in connection with the Platform will be transmitted successfully, accurately or securely.
Notwithstanding the above, mappetite studio declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of the Platform, as well as the absence of harmful components.
When the Platform or any of its services access content via the Internet, we aim to ensure that it is available 24 hours a day; however, mappetite studio shall not be liable if it is unavailable at any time for any reason whatsoever. Access to online content may be temporarily suspended or removed entirely without notice (for example, if there is a system failure, or for maintenance or repair).
The Client agrees to indemnify, defend and hold mappetite studio harmless from and against, all losses, liabilities, damages, claims (including possible legal fees) incurred, arising out of or in connection with: (i) any breach or alleged breach of these Terms and Conditions by the Client or its Users; (ii) the violation by the Client or its Users of any Law and/or the rights of a third party affecting mappetite studio; (iii) failure by the Customer or its Users to timely install any updates, upgrades or patches to any software provided by mappetite studio and not authorised by mappetite studio; and (iv) claims relating to Customer Data and/or claims relating to any data transferred by the Customer to third party applications, and that this directly harms mappetite studio or them. The provisions of this Section shall survive the termination of this Agreement.
Links and Resources
Where the mappetite studio Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Mappetite studio has no control over the content of those sites or resources, so these Terms and Conditions and our Privacy Policy apply only to your use of our services. When you use third party products or services, their own terms and conditions and privacy policies will govern your use of those products or services. Please read those terms and conditions of use and privacy policies to learn how they collect and treat your personal data and other relevant information.
Indemnification. Limitation of Liability.
The Client agrees to indemnify and hold mappetite studio harmless from and against any and all claims, judgments, losses, liabilities, costs and expenses, including attorneys' fees, arising directly or indirectly out of or in connection with any breach by the Client of the provisions of these Terms and Conditions. This indemnification obligation shall not apply in cases where there is prior wilful or grossly negligent behaviour on the part of mappetite studio.
Mappetite studio is not responsible for any possible security errors that may occur or for any possible damage that may be caused to the Client's computer system (hardware and software), files or documents stored therein, as a result of the presence of viruses in the Client's equipment used for connection and/or use of the Platform, a malfunction of the browser or the use of non-updated versions of the same.
The Client is aware that it shall be the sole responsibility of the Client, among other aspects, to ensure the suitability of the use of the products to the applicable regulations and compliance with any applicable regulation. In this regard, and by way of example, the Customer acknowledges that the Expense Management functionality does not comply with Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement, and therefore does not allow for the conversion of tickets and/or expense receipts into a digital image encoded in accordance with one of the standard formats supported by the Directive. The Customer will therefore be obliged to keep the expense receipts in paper format.
Subject to clause 8, and to the extent permitted by applicable law, mappetite studio shall not be liable to the customer, whether in contract, tort or any other theory of liability, for:
Any indirect, incidental, consequential, reputational, punitive or special damages;
Any loss (direct or indirect) of revenue, loss of profit, actual or anticipated profits, business opportunity, goodwill or reputation;
Any loss and/or corruption of data (whether direct or indirect); and/or
Any loss or damage as a result of modifications and/or limitations (including any suspension of use of the Platform or any permanent or temporary cessation of use of the Platform) due to causes that are unforeseeable and/or beyond the control of mappetite studio, such as acts of God and force majeure.
The Client shall be liable to compensate mappetite studio for any damages and/or losses suffered by mappetite studio due to the use of the platform by a person other than the Client (or the Client's employees).
In the event that mappetite studio is liable for a breach of these terms and conditions, the maximum total liability of mappetite studio may not exceed a maximum amount equal to the total value of the amounts paid by the client to mappetite studio in the twelve (12) months prior to the harmful event (or if less than twelve (12) months have elapsed since the entry into force of these terms and conditions, twelve (12) times the last monthly payment made by the client to mappetite studio for the use of the platform). This amount, in accordance with article 1.152 of the civil code, replaces with the express consent of the customer any other compensation for damages. It shall be the responsibility of the client to take out appropriate insurance policies to cover any damages suffered that may exceed the aforementioned maximum limit of liability.
Mappetite studio shall not be liable to the Client for any loss or damage under the terms of this clause which has not been notified by the Client to mappetite studio in writing within 25 calendar days of the date on which the Client became aware of the loss or damage.
The provisions of this Clause 10 shall be understood without prejudice to cases in which liability cannot be excluded or limited in accordance with the applicable mandatory regulations.
Integrations
The mappetite studio Platform facilitates data exchange with third party systems (hereinafter referred to as "Integrations"). All such integrations are provided under the sole responsibility of such third parties or third party providers. The scope of service provided by them and the instructions necessary to set up the integration will be provided on the Platform as well as on the third party provider's website.
Third party integrations do not constitute services provided by mappetite studio. The scope of service, pricing, term and any other terms of use for the provision of the integration, including support, is based on the terms and conditions of use and privacy policies that govern the contractual relationship between the customer and the provider. mappetite studio assumes no liability or warranty for third party integrations.
Please read such terms and conditions of use and privacy policies to learn how they collect and treat your personal data and other relevant information.
Modification
Mappetite studio reserves the right to modify these terms and conditions to adapt them to any changes or new regulations, for technical reasons, due to changes in the services offered by mappetite studio or due to strategic decisions of the company.
Si el Usuario no está de acuerdo con los cambios, deberá dejar de utilizar la Plataforma.
Service duration
The present Terms and Conditions of Use have an indefinite duration from the moment of their acceptance, unless a specific contract of a fixed duration has been entered into.
In the event that the Customer wishes to terminate this agreement, the Customer must inform mappetite studio in writing of its intention to terminate the contract by sending an email to the address hello@mappetite.studio at least 30 days before the end of the contract, both for the Annual Plan and the Monthly Plan. The early termination of the contract shall not entitle the Client to a refund of the amount corresponding to the part of the annual or monthly plan not used.
Contact
You can contact us by email at hello@mappetite.studio or by filling in the contact form on the Website.
Accessing our terms and conditions in other languages
To access our Terms and Conditions in other languages, please change the language setting on our Website. If our terms and conditions are not available in the desired language, you may contact us at hello@mappetite.studio.
Jurisdiction and Applicable Law
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
The User and mappetite studio agree to submit any dispute arising from the use of the Platform, or the contracting of products and/or services carried out through the same, to the Courts and Tribunals of Las Palmas de Gran Canaria, expressly waiving any other jurisdiction that may correspond to them.