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Terms of Service

Effective Date: 31 May 2025
Last Updated: 1 June 2025

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you and Carta Servicios de Hospitalidad SL, a limited liability company incorporated under Spanish law with Tax Identification Number (NIF) B75425777 and registered office at Av. d'Eduard Maristany 13, Sant Adria de Besos, 08930 Barcelona, Spain ("Carta," "Company," "we," "us," or "our").

By accessing or using our digital menu and restaurant booking platform (the "Service" or "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Definitions

For purposes of these Terms, the following definitions apply:

  • "Account" means the user account created to access and use the Service
  • "Booking" means a reservation made by a Customer for dining services at a Restaurant
  • "Content" means all text, images, data, information, and other materials uploaded or transmitted through the Service
  • "Customer" means an individual who uses the Service to make restaurant reservations
  • "Platform" means Carta's digital menu and booking system, including all related software, applications, and services
  • "Restaurant" means a food service establishment that uses the Service
  • "Restaurant User" means the restaurant owner, operator, or authorized representative who manages a Restaurant account
  • "Service" means the digital menu display, reservation management, and related services provided by Carta
  • "User" means any individual or entity that accesses or uses the Service, including both Restaurant Users and Customers

3. Description of Services

Carta provides a digital platform that enables:

3.1 For Restaurant Users:

  • Digital menu creation, management, and display
  • Online reservation and booking management system
  • Customer communication tools
  • Payment processing integration for deposits and prepayments
  • Analytics and reporting features

3.2 For Customers:

  • Access to restaurant menus and information
  • Online reservation booking capabilities
  • Booking modification and cancellation tools
  • Secure payment processing for deposits or prepayments

3.3 Service Limitations:

The Service is provided on an "as available" basis. Carta does not guarantee uninterrupted access, error-free operation, or that the Service will meet all user requirements. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

4. User Accounts and Registration

4.1 Account Creation:

To use certain features of the Service, you must create an Account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account.

4.2 Account Security:

You must immediately notify Carta of any unauthorized use of your Account or any other breach of security. Carta will not be liable for any losses arising from unauthorized use of your Account.

4.3 Account Verification:

Carta reserves the right to verify account information and may require additional documentation to confirm identity or business authorization.

5. Restaurant User Terms

5.1 Content Management:

Restaurant Users are solely responsible for the accuracy, completeness, and legality of all menu content, pricing, availability information, and other data uploaded to the Platform. Restaurant Users must promptly update information to ensure accuracy.

5.2 Booking Management:

Restaurant Users must:

  • Honor confirmed bookings made through the Platform
  • Maintain reasonable availability and capacity information
  • Respond to booking requests and customer communications in a timely manner
  • Comply with applicable food service laws and regulations

5.3 Service Fees:

Restaurant Users agree to pay all applicable service fees as set forth in the pricing schedule provided during registration or as subsequently modified with thirty (30) days' written notice.

5.4 Customer Relations:

Restaurant Users acknowledge that they are solely responsible for the quality of food, service, and overall customer experience. Carta is not a party to the dining relationship between Restaurant Users and Customers.

6. Customer Terms

6.1 Booking Process:

Customers may make reservations subject to restaurant availability and policies. Booking confirmations are sent via email and constitute acceptance of the reservation.

6.2 Booking Modifications and Cancellations:

Customers may modify or cancel bookings according to the individual restaurant's cancellation policy. Some restaurants may require advance notice or impose cancellation fees.

6.3 Payment Obligations:

When required by a restaurant, Customers must provide valid payment information for deposits, prepayments, or no-show fees. Customers authorize Carta and its payment processors to charge the provided payment method.

6.4 Customer Conduct:

Customers must conduct themselves respectfully when dining at restaurants and interacting through the Platform.

7. Payment Terms

7.1 Service Fees:

Restaurant Users are responsible for paying Carta's service fees according to the agreed pricing structure. Fees are typically charged monthly and are non-refundable except as required by law.

7.2 Customer Payments:

Customer payments for deposits, prepayments, or fees are processed through Stripe, Inc. and are subject to Stripe's terms of service. Carta does not store payment card information.

7.3 Refunds:

Refund policies vary by restaurant and are displayed during the booking process. Disputes regarding refunds should first be addressed with the restaurant directly.

7.4 Currency:

All fees and charges are denominated in Euros (EUR) unless otherwise specified.

8. Content and Intellectual Property

8.1 Restaurant Content License:

Restaurant Users grant Carta a non-exclusive, worldwide, royalty-free license to use, display, and distribute restaurant content solely for the purpose of providing the Service.

8.2 Carta Intellectual Property:

The Platform, including all software, designs, text, graphics, and other content owned by Carta, is protected by intellectual property laws. Users may not copy, modify, distribute, or create derivative works without express written permission.

8.3 User-Generated Content:

Users retain ownership of content they upload but grant Carta the rights necessary to provide the Service. Users represent and warrant that they have all necessary rights to grant these licenses.

8.4 Copyright Compliance:

Users must respect intellectual property rights and may not upload copyrighted material without authorization.

9. Prohibited Uses and Content

9.1 Prohibited Activities:

Users may not:

  • Use the Service for any unlawful purpose or in violation of applicable laws
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Create multiple accounts to circumvent restrictions or policies
  • Use automated systems (bots, scripts) to access the Service without permission
  • Engage in fraudulent booking practices or payment disputes

9.2 Prohibited Content:

Users may not upload, post, or transmit content that:

  • Contains obscene, pornographic, or sexually explicit material
  • Promotes hate speech, discrimination, or violence against individuals or groups
  • Constitutes spam, unsolicited advertising, or promotional material
  • Contains malware, viruses, or other harmful computer code
  • Infringes intellectual property rights or violates privacy rights
  • Contains false, misleading, or deceptive information
  • Promotes illegal activities or substances
  • Harasses, threatens, or defames other users
  • Contains personal information of third parties without consent

9.3 Content Monitoring:

Carta reserves the right, but has no obligation, to monitor, review, and remove content that violates these Terms. We may suspend or terminate accounts for violations without prior notice.

10. Privacy and Data Protection

The collection, use, and protection of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you consent to the data practices described in the Privacy Policy.

Restaurant Users acknowledge that customer booking information will be shared with them to fulfill reservations. Both Restaurant Users and Customers consent to this data sharing as necessary for the booking service.

11. Disclaimers and Limitations of Liability

11.1 Service Disclaimers:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CARTA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Restaurant-Customer Relationship:

Carta is not a party to the relationship between Restaurant Users and Customers. We do not control restaurant operations, food quality, service standards, or dining experiences. Users acknowledge that Carta has no responsibility for restaurant performance or customer satisfaction.

11.3 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARTA'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO CARTA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

CARTA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

11.4 Force Majeure:

Carta shall not be liable for any failure to perform obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

12. Indemnification

12.1 User Indemnification:

Users agree to indemnify, defend, and hold harmless Carta and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • User's violation of these Terms
  • User's use of the Service
  • User's content or activities on the Platform
  • User's violation of third-party rights

12.2 Restaurant User Additional Indemnification:

Restaurant Users additionally agree to indemnify Carta for claims arising from:

  • Food safety incidents or health code violations
  • Customer disputes related to dining experiences
  • Restaurant's failure to honor confirmed bookings
  • Violations of applicable restaurant industry regulations

13. Termination

13.1 Termination by Users:

Users may terminate their Account at any time by following the account closure process or contacting customer support. Restaurant Users remain responsible for outstanding fees through the termination date.

13.2 Termination by Carta:

Carta may suspend or terminate user accounts immediately for:

  • Material violation of these Terms
  • Fraudulent or illegal activities
  • Non-payment of fees (for Restaurant Users)
  • Prolonged inactivity
  • Actions that harm Carta's reputation or other users

13.3 Effect of Termination:

Upon termination:

  • User access to the Service will cease
  • Outstanding payment obligations survive termination
  • Confirmed bookings may be honored or cancelled according to individual restaurant policies
  • Data retention will be governed by our Privacy Policy

14. Dispute Resolution

14.1 Governing Law:

These Terms are governed by the laws of Spain, without regard to conflict of law principles.

14.2 Jurisdiction:

Any legal disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

14.3 Alternative Dispute Resolution:

Before initiating formal legal proceedings, parties agree to attempt good faith resolution through direct negotiation. Carta may, at its discretion, participate in mediation or arbitration proceedings.

15. General Provisions

15.1 Entire Agreement:

These Terms, together with the Privacy Policy, constitute the complete agreement between users and Carta regarding the Service and supersede all prior agreements.

15.2 Severability:

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Modifications:

Carta reserves the right to modify these Terms at any time. Material changes will be communicated with thirty (30) days' notice via email or Platform notification. Continued use of the Service after such notice constitutes acceptance of the modified Terms.

15.4 Assignment:

Users may not assign or transfer their rights under these Terms without Carta's written consent. Carta may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Waiver:

Carta's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.6 Language:

These Terms are drafted in English. In case of conflict between English and translated versions, the English version shall prevail.

16. Contact Information

For questions regarding these Terms of Service, please contact:

Legal Department
Carta Servicios de Hospitalidad SL
Av. d'Eduard Maristany 13, Sant Adria de Besos, 08930 Barcelona, Spain
Email: legal@carta.app