Terms of Service

General

About Guestrix

These Terms and Conditions ("Terms") apply to all services provided by Guestrix AB (company registration number 559413-3489) ("Guestrix", "us", "our", or "we") to our customers ("you").

The term "parties" refers to both you and us collectively.

Contact Information

You can reach us by sending an email to [email protected] ("Contact Information").

Acceptance of Terms

By creating an Account and using the Services, you agree to be bound by these Terms. If you do not agree with the Terms, you are not permitted to create an Account or use the Services.

Order of Precedence

If you have signed a separate written agreement with Guestrix, that agreement and its appendices apply before these Terms. Otherwise your Order applies before these Terms. In matters of personal data, the Data Processing Agreement applies before both.

Definitions

"Account" means the account that you register and create on our website and/or in our App.
"App" refers to our application accessible via computer and/or mobile device related to the Services.
"Contact Information" refers to the details provided above.
"Customer Data" means data that you, your users or your connected Source Systems provide to the Services.
"Data Processing Agreement" or "DPA" means the data processing agreement between you and Guestrix that governs personal data processed on your behalf. It is provided with your Order and on request through our Contact Information.
"Functions" collectively refers to the website, the App, your Account, and the Services.
"Order" means the order confirmation or the signed agreement that states your subscription level, Units, price, subscription period and notice period.
"Privacy Policy" refers to our Privacy Policy detailing how we process personal data.
"Services" means the data analysis, data monitoring, and collaboration platform provided through our website and App, along with any related services and information provided to you.
"Source Systems" refers to the systems where your operational data reside, such as point of sale, staffing, accounting and table booking systems.
"Unit" means a business operated at one address.
"Website" refers to our site related to the Services.

Services

Service Description

Guestrix offers a platform for data analysis, monitoring, and collaboration. More detailed information about the Services can be found on the Website and in the App. Adequate internet access is required to utilize the Services.

You can use the Services to analyze and monitor your operational data by establishing a connection to your Source Systems.

Scope of the Subscription

The Services include the functions that at any time are part of the subscription level stated in your Order. Functions, modules, integrations or services that Guestrix offers as separate add-ons are not included unless agreed in writing. Connecting a Source System that is not stated in your Order is an add-on.

Standard support on the functionality of the Services is included in the subscription and is given through our ordinary support channels and support hours.

We may develop, change and update the Services, provided that the main functionality is not materially reduced. We may also suspend the supply of Functions to address technical problems or to update the Functions to comply with the law.

Third-Party Systems

We are not liable for errors, defects or interruptions caused by a third-party system, integration or data source, or by a third party changing or ending its API or functionality. The same applies to errors caused by incorrect data from you or by you revoking access to a Source System.

If a third party materially changes the technical conditions for an integration and the adaptation requires significant development work, we may quote that work separately.

Analyses and Forecasts

Analyses, forecasts and recommendations in the Services, including those produced by our assistant Gus, are decision support. We do not guarantee that a forecast or analysis leads to a specific financial or operational result.

Account Setup

To subscribe to the Services, an Account must be created. You confirm that all information provided upon Account creation is accurate and commit to maintaining the accuracy of this information. We reserve the right to decline or adjust an order or shut down your Account if false, inaccurate, not current, or incomplete information is provided.

Keep your Account credentials secure at all times. You may only create one Account and cannot transfer it to another person or share Account-related data with third parties. If you suspect unauthorized use of your Account or credentials, immediately contact us using our Contact Information.

Ordering Services

Services must be ordered according to the instructions on the Website and App, or through a signed agreement.

Your order is considered confirmed when we send an order confirmation via email and/or the App, or when both parties have signed an agreement. At that point an agreement with us is formed.

Your Obligations

Eligible Customers

Our Services are offered to companies and other legal entities. You warrant that you are authorized to agree to these Terms on behalf of the entity and to use all Functions.

You warrant that individuals authorized to create an Account and use the Services have read and understood the Terms. You are responsible for the use of the Services under these Terms, including by such individuals as if you were using the Services yourself.

Access and Contact Person

You must give Guestrix the access to the Source Systems that your Order requires, provide correct and complete information, appoint a contact person for the agreement and the delivery, and keep your user accounts and permissions up to date.

Use of Functions

You must comply with all applicable laws, regulations, and orders when using the Functions. Access to the Website and App is only allowed through interfaces provided by us and as expressly authorized under these Terms. Functions must not be used in a way that infringes on our or any third party's rights and interests. You agree to follow all instructions and recommendations we provide.

You are responsible for all activities under your Account and agree not to:

Defame, abuse, harass, threaten, or otherwise violate the rights of any third party or us;
Publish, post, or otherwise express any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent, or unlawful material;
Engage in activities that could harm us, the Website, or the App, such as spreading viruses or spam;
Monitor the Services for any competitive purpose, including developing a competing product or service, or copying features or the user interface;
Resell or redistribute the Services or use them to create a competing service;
Copy, decompile or otherwise try to derive the source code or the underlying design of the Services, except as permitted by mandatory law.

Content Provision

The Website and App allow for the upload and storage of files and information provided by you. You are responsible for all such content.

By adding content, you warrant ownership or the right to manage it without violating any laws. We do not supervise the legality of content uploaded or distributed.

Customer Data

Ownership

You keep all rights to Customer Data. We keep all rights to the Services and to the information, calculations, models, algorithms, data structures, metadata and statistics that the Services generate, except Customer Data. During the agreement you may use the results and analyses the Services generate about your business.

Your Warranties

You are responsible for all Customer Data used in the Services. By providing Customer Data, you warrant that you have the right to manage it as such, it has been legally collected and processed, complies with data privacy laws, and does not include harmful software or pose a security risk.

You further confirm that you have a lawful basis under applicable data protection legislation (including GDPR) to transfer any personal data from your Source Systems to Guestrix and to have such personal data processed within the Services according to these Terms and the Data Processing Agreement.

Our Use of Customer Data

We process Customer Data to provide, operate, develop and support the Services.

Anonymised and Aggregated Data

Part of the value of the Services comes from comparing your business with other restaurants. To provide this, we derive anonymised and aggregated data from Customer Data across our customers. Such data cannot be attributed to you, to any of your Units, or to any individual guest or employee, and is no longer Customer Data.

We may use anonymised and aggregated data for:

benchmarks that compare key figures, products, prices, mix and margins with comparable restaurants;
intelligence services, such as market and industry statistics, trends, forecasts and recommendations provided in the Services or published by Guestrix;
development, training and evaluation of the Services, their analytical models and our assistant Gus;
research, reports and other statistics about the restaurant industry.

Benchmarks and intelligence services shown to other customers never reveal your identity, your individual figures, or figures from which they can be derived. We apply minimum group sizes and other safeguards so that no single restaurant can be identified. We may keep and use anonymised and aggregated data after the agreement ends.

We may engage subcontractors and technical service providers to process Customer Data to the extent needed to provide, operate, develop and support the Services. We are responsible for them under these Terms and, where applicable, the Data Processing Agreement. We do not disclose Customer Data to other third parties for other purposes without your consent, unless required by law or by a public authority.

Export and Deletion

For 30 days after the agreement ends you may request an export of Customer Data in the format we normally provide. After that we may delete Customer Data, except data we must keep by law or data in normal backup systems.

Pricing and Payment

Pricing Information

Fees are charged per Unit and per month, or at another interval stated in your Order. Prices exclude VAT and other taxes. Current prices and what each subscription level includes are published on the Website. The price indicated in your Order applies.

Payment

Unless your Order states otherwise, we invoice monthly and payment is due 20 days after the invoice date. On late payment we may charge interest under the Swedish Interest Act (räntelagen). If payment is more than 30 days late, we may, after a written reminder, suspend your access to the Services until full payment is made.

Price Changes

We may change prices with at least 30 days written notice. New prices apply from the next subscription period after the notice period. If you do not accept the new price, you may terminate the subscription before the new price takes effect.

Refunds

Unless explicitly stated, we do not provide refunds, credits for partially used or unused subscriptions, or credits due to dissatisfaction.

Term and Termination

The subscription period and the notice period are stated in your Order. If none are stated, the subscription runs monthly and renews automatically until terminated in writing with one month notice. Termination instructions are provided on the Website and App or through our Contact Information.

Termination for Breach

Either party may terminate the agreement with immediate effect if the other party commits a material breach and does not remedy it within 30 days of a written request, where remedy is possible. If the breach cannot be remedied, or is of such a nature that the agreement cannot reasonably continue, the agreement may be terminated with immediate effect.

Either party may terminate the agreement with immediate effect if the other party enters bankruptcy, company reorganisation or liquidation, or is otherwise insolvent.

We may also terminate or limit the Services with immediate effect if you misuse the Website or App, violate any law, or do not pay after a reminder under the section Payment.

Liability

Disclaimer of Warranties

Services and related components are provided "as is" without warranties of any kind. We do not guarantee uninterrupted, secure, or error-free service.

Limitation of Liability

Our liability is limited to direct damage. We are not liable for indirect damage, lost profit or loss of data.

Our total liability in any 12-month period is limited to the fees you actually paid under the agreement in the 12 months before the event that caused the damage. If the agreement has run for less than 12 months, the limit is the fees paid so far. This limit and the limit in the Data Processing Agreement are one shared cap and are not cumulative.

Indemnification

You agree to defend and indemnify Guestrix and its affiliates against claims arising from your content, fraud, misconduct, negligence, or legal violations.

Force Majeure

A party is released from liability for a failure to perform caused by circumstances outside its reasonable control, including major internet or cloud service outages, cyber incidents, decisions by public authorities, labour disputes, war, natural disasters and material disruption at an external supplier.

The affected party must notify the other party without undue delay and take reasonable steps to limit the consequences. If the circumstance continues for more than 60 days, either party may terminate the agreement with immediate effect.

Confidentiality

Each party keeps confidential information received from the other party during the agreement secret and uses it only to perform the agreement.

This does not apply to information that is or becomes public without breach of these Terms, that the receiving party already knew, that it lawfully received from a third party without a confidentiality obligation, or that it must disclose by law, court order or stock exchange rules.

A party may share confidential information with employees, board members, auditors, legal advisers and subcontractors who need it to perform the agreement and are bound by an equivalent confidentiality obligation.

This confidentiality obligation applies during the agreement and for 2 years after it ends.

Changes and Additions

We may change these Terms. Material changes take effect 30 days after we notify you by email or in the App. If you do not accept a material change, you may terminate the subscription before it takes effect. Other changes take effect when posted. New functionalities and features are subject to these Terms.

A signed agreement is changed only in writing, signed by both parties.

Complaints and Support

For complaints, contact our support department using our Contact Information.

Personal Data and Privacy

You acknowledge being the data controller for personal data processed by us in your use of the Services. The Data Processing Agreement governs that processing and applies before these Terms in matters of personal data.

When you connect your Source Systems (including point of sale, staffing, accounting or feedback systems) and transfer personal data relating to your guests or staff into the Services, Guestrix acts as your personal data processor ("Processor") under the Data Processing Agreement.

Booking and guest data from WaiterAid is an exception. For that data you are the controller, BokaBord Nordic AB is your processor, and Guestrix is a sub-processor to BokaBord Nordic AB under a separate agreement. You must make sure that your agreement with BokaBord Nordic AB permits Guestrix as a sub-processor.

You remain solely responsible for:

informing the data subjects about the processing of their personal data within Guestrix,
ensuring that a lawful basis for the processing exists (e.g. contract or legitimate interest),
providing correct and documented instructions to Guestrix,
ensuring that only authorized users within your organization access personal data through the Services.

Processing performed by Guestrix may include: data ingestion, pseudonymization, masking, storage, structuring, analytics, segmentation, KPI calculations, matching of duplicate guest profiles, and report generation, always exclusively on your behalf and according to the Data Processing Agreement.

Guestrix uses sub-processors for hosting, storage, authentication, analytics, error monitoring, email and AI services. The current list, with processing location and transfer basis, is published in our Privacy Policy. Changes are notified according to the Data Processing Agreement.

Upon termination of the Services, personal data will be returned or deleted in accordance with the Data Processing Agreement.

Intellectual Property

Our Rights

The Website and App are our property. All rights, including copyrights and trademarks, are owned by us or third-party licensors and require our written consent for use.

License

We grant you a non-exclusive, non-transferable license to use the Website, App, and Services for your internal business as provided. This license terminates upon agreement expiry or termination. No intellectual property rights are transferred to you.

Feedback

We may use suggestions, ideas and feedback that you give about the Services without restriction.

Customer Reference

We may name you as a customer and use your name and logo in customer lists, presentations and marketing material. Any other publication of a customer case or details about your business requires your approval.

Assignment

You may not assign your rights under these Terms without our consent. We may assign these Terms to a company in the same group or in connection with a transfer of the business, and may subcontract our obligations, without your consent.

Governing Law and Disputes

Swedish law applies to these Terms. The parties shall first try to settle a dispute through negotiation. If no agreement is reached, the dispute is settled by arbitration in Stockholm, Sweden, administered by the SCC Arbitration Institute.