Acceptance and Applicability

By accessing or using Guestit, Guestit.nl, or any related websites, applications, dashboards, physical devices, or services (collectively, the “Services”), you agree to be bound by these Terms and Conditions, as well as all referenced policies, including the Privacy Policy and Cookie Policy.

If you do not agree to these Terms, you must not use the Services.

These Terms apply to all users, customers, restaurant and hotel operators, partners, and visitors interacting with Guestit through any digital or physical interface.

2. Services and Permitted Use

Guestit provides hospitality and business technology solutions, including but not limited to tablet menus, QR menus, POS systems, kiosk ordering, business dashboards, integrations, software platforms, and related physical devices.

You agree to use the Services only:

• For lawful purposes

• In compliance with all applicable laws and regulations

• In accordance with these Terms and all applicable policies

You must not misuse the Services, interfere with their operation, attempt unauthorized access, or use the Services in a way that may cause harm, disruption, or security risks.

3. User Accounts and Credentials

Where account creation is required, you are responsible for:

• Providing accurate and complete information

• Maintaining the confidentiality of login credentials

• All activities conducted under your account

You must notify Guestit immediately of any suspected unauthorized access or security breach.

Guestit is not responsible for losses resulting from failure to protect account credentials.

4. Fees, Billing, and Payments

You agree to pay all applicable fees associated with the Services, including subscription fees, setup fees, usage-based fees, hardware fees, or other charges, in accordance with the agreed pricing terms.

Unless otherwise stated:

• Fees are exclusive of taxes

• Payments are due within the agreed billing period

• Late payments may result in interest, service suspension, or termination

Guestit reserves the right to adjust pricing with reasonable prior notice, unless otherwise agreed in writing.

4A. Hardware, Devices, and Equipment

Guestit may provide, install, lease, sell, or support physical devices, including but not limited to tablets, kiosks, POS terminals, printers, networking equipment, and other on-site hardware (“Devices”).

Unless explicitly agreed otherwise in writing, ownership of all Devices remains with Guestit.

You are responsible for:

• Proper use of Devices in accordance with provided instructions

• Ensuring a safe and suitable operating environment

• Protecting Devices against loss, theft, damage, misuse, or unauthorized access

• Providing stable power supply, internet connectivity, and physical security

You must not:

• Open, repair, modify, relocate, or tamper with Devices

• Install unauthorized software or peripherals

• Allow third parties to service Devices without Guestit’s written approval

Guestit is not responsible for malfunction or damage caused by improper use, environmental conditions, spills, power issues, network failures, or actions of staff, guests, or third parties.

4B. Device Loss, Damage, and Replacement

Where Devices are provided on a rental, lease, or subscription basis, you remain financially responsible for the Devices throughout the contract term.

In the event of loss, theft, or irreparable damage, Guestit may:

• Invoice the full replacement cost

• Suspend Services until resolution

• Deduct costs from any applicable deposit

Normal wear and tear is excluded from replacement charges.

5. Intellectual Property Rights

All intellectual property rights related to the Services, including software, source code, interfaces, designs, content, documentation, and branding, remain the property of Guestit or its licensors.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business operations.

You may not reverse engineer, copy, distribute, modify, or create derivative works unless expressly permitted in writing by Guestit.

6. Availability, Maintenance, and Support

Guestit aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.

Guestit may perform maintenance, updates, feature changes, or temporary suspensions where necessary.

Support is provided in accordance with applicable support agreements or published support policies.

7. Warranties and Disclaimers

Unless expressly stated otherwise, the Services and Devices are provided “as is” and “as available”.

To the maximum extent permitted by law, Guestit disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.

Guestit does not guarantee uninterrupted operation, error-free software, or that Devices will meet all specific operational requirements.

8. Limitation of Liability and Indemnification

To the extent permitted by law:

• Guestit’s total liability for direct damages is limited to the amount paid by you for the Services in the twelve (12) months preceding the event giving rise to the claim

• Guestit is not liable for indirect, incidental, consequential, or special damages, including loss of profits, revenue, data, or business interruption

You agree to indemnify and hold Guestit harmless from claims, damages, losses, liabilities, and costs arising from:

• Misuse of Services or Devices

• Breach of these Terms

• Violation of laws or third-party rights

• On-site incidents involving staff, guests, or third parties

8A. On-Site and Physical Liability

Guestit is not responsible for:

• Physical damage to property

• Injury to staff, guests, or third parties

• Theft, vandalism, or misuse of Devices

• Business interruption caused by on-site conditions

You acknowledge that Guestit does not control your physical premises and that on-site risks remain your responsibility.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

8B. Insurance

You are responsible for maintaining adequate insurance coverage for your premises, operations, staff, guests, and physical equipment, including Devices provided by Guestit where applicable.

9. Suspension and Termination

Guestit may suspend or terminate Services immediately in the event of:

• Breach of these Terms

• Non-payment

• Illegal, abusive, or unsafe activity

• Legal or regulatory requirements

Upon termination:

• Your right to use the Services ceases immediately

• Outstanding payment obligations remain due

• Provisions regarding liability, intellectual property, and governing law survive termination

10. Force Majeure

Neither party is liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, war, cyberattacks, power outages, or internet failures.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands.

Any disputes shall be submitted to the exclusive jurisdiction of the competent courts of the Netherlands.

12. Miscellaneous

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Guestit.

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Guestit may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.