Terms of Service

1. Subject-matter and scope

qartine is an online service (SaaS) that lets a food-service venue publish a multilingual digital menu accessible by QR code, with — depending on the plan — dine-in or takeaway ordering (payment collected by the venue), menu statistics and related tools.

The service is offered exclusively to businesses acting in the course of their professional activity. It is not offered to consumers.

qartine is a purely technical provider: we take no part in preparing, selling, collecting payment for or handing over the products you offer. The contractual relationship with your end customers is yours alone.

2. Account and access

You warrant that you are authorised to bind the venue for which you subscribe, and that the information you provide is accurate and kept up to date.

You are responsible for the confidentiality of your credentials and for all activity carried out from your account, including by the team members you invite. Notify us without delay of any unauthorised use.

Access to certain features may require verification of your email address.

3. Your content and your editorial responsibility

You retain full ownership of your content (menu, descriptions, prices, photos, logo, contact details). You grant us, for the term of the agreement only, a worldwide, non-exclusive, royalty-free and non-transferable licence — with the right to sub-license to our technical sub-processors only — to host, reproduce, resize, adapt the format of, translate and display that content, strictly to the extent necessary to operate the service and provide it to you.

You warrant that you hold all rights in that content, in particular in photographs and trade marks, and that you have the permissions required to publish it.

You are solely responsible for the accuracy and compliance of your content, in particular displayed prices, dish composition, allergen statements and nutrition information required by Regulation (EU) No 1169/2011 and applicable national rules. qartine does not check that content, exercises no prior editorial moderation, and cannot be held liable for any error, omission, out-of-date information or resulting damage.

Machine translations and layouts generated by the service are provided as an aid. It is for you to review them before publishing, especially as regards allergens and prices.

The assisted import of your existing menu (“free menu port”) is a one-off assistance service, limited to one menu of reasonable size and to a legible source document; the content entered remains your responsibility and must be checked by you before publication.

4. Acceptable use

The following are prohibited, among others: any unlawful, misleading, defamatory or infringing content; any attempt to circumvent security measures, access other customers' data, reverse-engineer the software, extract data in bulk by automated means, or overload the infrastructure; reselling, making available or commercialising the service to third parties without our prior written agreement.

Features presented as “unlimited” are understood within normal use by one venue for its own activity. Where use is manifestly disproportionate we may apply reasonable technical limits, after informing you.

Unless a plan expressly provides otherwise, one subscription covers one venue.

5. Free trial

A free trial of 15 days is offered, with no card required, at one trial per venue. It gives access to the features described at sign-up.

We may change, restrict or end the free trial at any time, in particular in the event of abuse or of multiple accounts created to extend it.

At the end of the trial, publication of the menu is suspended until a plan is taken; your content remains available in your dashboard under the conditions of clause 17.

6. Prices, billing and taxes

Current prices are shown on the Pricing page. They are stated in euros and exclusive of tax.

qartine is established outside the European Union: no VAT is charged and, where you are VAT-registered in the EU, the tax is reverse-charged and accounted for by you (Art. 44 and 196 of VAT Directive 2006/112/EC). Any tax, withholding or levy applicable in your country remains your responsibility.

Payments are processed by our provider Stripe. We store no card data.

The monthly plan is billed monthly in advance. The annual plan is billed twelve months in advance: the monthly rate displayed for that plan corresponds to a single charge for the whole year. An invoice is issued at each billing date.

Save for mandatory legal provisions or an express provision of these Terms, sums paid are non-refundable.

7. Term, automatic renewal and cancellation by you

The subscription runs for the period chosen (monthly or annual) and then renews automatically for successive periods of the same length, at the rate then in force, unless cancelled before the end of the current period.

You may cancel at any time, free of charge and without penalty, from the billing portal in your dashboard (“Manage payment”) or by email to the contact address given in clause 23.

Cancellation takes effect at the end of the period already paid for: you keep access and publication until that date, and no pro-rata refund of the current period is due. “No commitment” means that there is no minimum term beyond the period subscribed for — not that periods already paid are refunded.

Changing plan mid-subscription: an upgrade takes effect immediately and the difference is charged pro rata; a move to a cheaper plan or to a shorter billing interval takes effect at the next renewal, with no refund or credit for the current period.

8. Price changes

We may change our prices. Any change is notified to you by email or in the service at least thirty (30) days before the end of the current period and applies only from the next renewal.

No increase applies to a period already invoiced. If the new price does not suit you, you may cancel before it takes effect in accordance with clause 7.

9. Failed or late payment

If a charge fails, the payment provider may retry. After a reasonable period following a reminder, we may suspend publication of the menu and then terminate the subscription in accordance with clause 16.

Any sum unpaid at its due date bears interest as of right, without prior formal notice, at the statutory rate applicable to commercial transactions, together with a fixed recovery indemnity of €40 and, where applicable, reasonable recovery costs actually incurred (Directive 2011/7/EU and its national transpositions).

10. Right of withdrawal

As the service is intended for businesses, no right of withdrawal applies in principle.

Where the law nevertheless grants you one — in particular, in France, Article L221-3 of the Consumer Code, for a business with no more than five employees contracting outside its main field of activity — you expressly request, when subscribing, that performance of the service begin immediately, before the fourteen (14) day withdrawal period expires.

If you exercise that right, you owe us an amount proportionate to the service supplied up to the point you communicated your decision, calculated on the basis of the total agreed price.

11. qartine's intellectual property

The platform, software, interfaces, layout templates, documentation, and the qartine brand and logo remain our exclusive property or that of our licensors. Nothing in these Terms transfers any intellectual property right to you: you receive only, for the term of the agreement, a personal, non-exclusive and non-transferable right to use the service.

If you send us suggestions or feedback, we may use them freely to improve the service, with no consideration and no obligation of confidentiality in respect of them.

12. Availability, changes and support

We use reasonable efforts to keep the service available, with no guarantee of uninterrupted or error-free operation. No service level agreement (SLA) is undertaken.

Interruptions may occur for maintenance, updates or security, or because of third-party providers (hosting, CDN, payment, email) that are outside our control.

We may change the service and its features. The lasting removal of a substantial feature of your plan is notified at least thirty (30) days in advance and entitles you to terminate under clause 20.

Support is provided by email on business days; the Pro plan receives priority handling.

13. Personal data

For your customers' data processed through the service, you are the controller and qartine acts as processor: the Data Processing Agreement (DPA) applies and forms an integral part of these Terms.

For your own account data, qartine acts as controller, under the conditions of the Privacy Policy.

It is for you to inform your customers, obtain any consents required, and refrain from entering into the service any special-category data within the meaning of Article 9 GDPR.

14. Warranties and limitation of liability

The service is provided “as is” and “as available”. We do not warrant fitness for a particular purpose, uninterrupted or error-free operation, or any commercial outcome (number of scans, orders, covers or revenue).

To the extent permitted by law, indirect or consequential loss is excluded, in particular loss of profit, turnover, custom, data, business or reputation, as well as third-party claims.

Our total liability, on any and all grounds, is limited to the amount you actually paid for the service in the twelve (12) months preceding the event giving rise to the claim.

These exclusions and limitations do not apply in the event of fraud, gross negligence, harm to life or physical integrity, or in any case where applicable mandatory law — in particular Articles VI.91/1 et seq. of the Belgian Code of Economic Law — precludes them.

Any claim must be notified to us within twelve (12) months of the event giving rise to it, failing which it is time-barred.

15. Indemnity

You indemnify and hold us harmless against any third-party claim, action, award, fine or reasonable expense (including defence costs) arising from your content, its inaccuracy, an infringement of a third party's rights, non-compliance with these Terms or with the rules applicable to your business, or from your relationship with your end customers.

We will notify you without delay of any covered claim and leave you the option of conducting the defence, provided our interests are protected.

16. Suspension and termination by qartine

We may immediately suspend all or part of the service in the event of manifestly unlawful content, an established risk to the security or integrity of the platform, an order from a competent authority, or persistent non-payment after a reminder.

For any other breach we will send you a formal notice; failing remedy within fifteen (15) days, we may terminate the subscription as of right.

We may also terminate a subscription for convenience on thirty (30) days' notice; in that case the prepaid, unused portion is refunded to you pro rata.

17. What happens to data after the agreement ends

You can export your data at any time from your dashboard.

After the agreement ends, your account remains available for viewing and export for at least thirty (30) days, with the menu unpublished. After that period we may permanently delete the account and its content.

You may request immediate deletion of your account at any time. Your customers' order data is in any event deleted automatically 24h after the order.

18. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control: natural disaster, fire, war, act of terrorism, riot, act of authority, widespread power or network outage, large-scale cyber-attack, or major failure of an essential infrastructure provider.

19. Assignment

We may assign or transfer this agreement, in whole or in part, to an affiliated company or in the context of a merger, reorganisation or transfer of business, without prejudice to your rights. You may not assign the agreement without our prior written consent, which will not be withheld without reasonable cause.

20. Changes to these Terms

We may amend these Terms for a valid reason: a change in law or regulation, a court decision, a change in the service or its features, a change of technical provider, or a security requirement.

Any material change is notified to you by email or in the service at least thirty (30) days before it takes effect. Continued use of the service after that date constitutes acceptance.

If you refuse the change, you may terminate free of charge before it takes effect; the prepaid, unused portion is then refunded to you pro rata.

21. Miscellaneous

These Terms, the Privacy Policy and the DPA constitute the entire agreement between the parties and supersede any prior exchange. In the event of conflict, the DPA prevails on personal-data matters, then these Terms, then the other documents.

The invalidity of one provision does not affect the validity of the others, which remain in force; the invalid provision is replaced by a valid one of equivalent economic effect.

Failure to invoke a breach is not a waiver of the right to invoke it later.

Notices to us are sent to the contact email address, and notices to you to the email address associated with your account, which you undertake to keep up to date.

These Terms are available in French, Dutch and English; in the event of any divergence in interpretation, the French version prevails.

22. Governing law and jurisdiction

These Terms are governed by Belgian law, excluding the Vienna Convention on the International Sale of Goods and conflict-of-laws rules.

Any dispute concerning their validity, interpretation or performance falls within the exclusive jurisdiction of the courts of Brussels (Belgium), without prejudice to applicable mandatory rules. The parties will first endeavour to resolve the dispute amicably.

23. Contact

Kube IT Consulting FZCO, Dubai Silicon Oasis, DDP, Building A1, Dubai, UAE — [email protected]. Full legal information is on the Legal Notice page.