General Terms and Conditions of the Gustaio Platform for Restaurant Partners (GTC – Restaurant Partners)
The following General Terms and Conditions govern the business relationship between KulinariQ GmbH (Anton Steger Straße 11, 39031 Bruneck, BZ, Italy), Email: info@kulinariq.com (hereinafter referred to as "Provider" or "Gustaio"), and commercial operators, restaurateurs, delivery services, catering services, and other food-service businesses (hereinafter referred to as "Restaurant Partner" or "Partner") who register on and use the Gustaio platform to offer their products, services, and dining experiences to consumers and businesses.
1.1. Gustaio provides a software-as-a-service (SaaS) platform that enables Restaurant Partners to:
1.2. Gustaio acts exclusively as a technology provider and marketplace intermediary. The contractual relationship for each order or booking is formed directly between the Restaurant Partner and the end customer (Buyer/Guest). Gustaio is not a party to these contracts and assumes no liability for their fulfillment.
1.3. The Provider may, at its discretion, modify, extend, or discontinue features of the platform, provided that the core services agreed upon in the applicable subscription plan remain substantially available.
2.1. To use the Gustaio platform, the Restaurant Partner must complete the registration process and provide accurate and complete business information, including but not limited to: business name, legal form, registered address, VAT identification number, contact details, and banking information for payment processing.
2.2. The Restaurant Partner warrants that all information provided during registration and throughout the duration of the contract is truthful, accurate, and up to date. The Partner agrees to update any changes to this information promptly.
2.3. Upon successful registration, the Provider will set up the Restaurant Partner's account and provide access to the platform. The Provider reserves the right to verify the identity and legitimacy of the Restaurant Partner before or after activating the account.
2.4. The Restaurant Partner is solely responsible for maintaining the confidentiality of their account credentials. Any actions performed through the Partner's account are deemed authorized by the Partner.
3.1. Subscription Plans. Gustaio offers various subscription plans with different feature sets and usage allowances. The current plans, pricing, and included features are published on the Gustaio website (gustaio.ai). The specific plan and pricing applicable to the Restaurant Partner are agreed upon at the time of registration or plan selection.
3.2. Plan Changes. The Restaurant Partner may upgrade or downgrade their subscription plan at any time through their account settings. Upgrades take effect immediately; the prorated price difference for the remainder of the current billing period will be charged. Downgrades take effect at the start of the next billing period.
3.3. Price Adjustments. The Provider reserves the right to adjust subscription pricing with at least 30 days' written notice before the start of a new billing period. If the Partner does not agree to the adjusted pricing, they may cancel their subscription before the new pricing takes effect.
4.1. New Restaurant Partners may be eligible for a free trial period, the duration and scope of which are determined at the time of registration based on the Partner's needs.
4.2. During the trial period, the Restaurant Partner has access to platform features at no charge.
4.3. If the Restaurant Partner does not select a paid subscription plan before the end of the trial period, access to the platform will be suspended. No charges will be incurred during the trial period.
4.4. The trial period is available once per Restaurant Partner (including affiliated businesses under common ownership or control). The Provider reserves the right to deny a trial if there is reason to believe it has already been used by the same entity.
5.1. Payment Processing. Subscription fees are billed and processed through Stripe. The Restaurant Partner must provide a valid payment method supported by Stripe, including but not limited to:
5.2. Billing Cycle. Subscriptions are billed either monthly or annually, as selected by the Restaurant Partner. The specific billing terms are set out at the time of plan selection.
5.3. Failed Payments. If a payment fails, the Provider will attempt to collect the payment up to three additional times over the following 7 days. If all attempts fail, the Partner's account may be suspended until the outstanding balance is settled. During suspension, the platform remains accessible in read-only mode (no new orders or bookings will be processed).
5.4. Invoices. Invoices are generated automatically and made available to the Restaurant Partner through their account dashboard and via email. All prices are quoted exclusive of applicable taxes (VAT/IVA), which will be added in accordance with Italian and applicable EU tax regulations.
5.5. No Commission Fees. Gustaio does not charge any commission, transaction fee, or percentage-based fee on orders, bookings, or payments processed through the platform. The subscription fee is the sole recurring cost charged by Gustaio to the Restaurant Partner.
6.1. Restaurant Partners may accept online payments from end customers through third-party payment service providers integrated into the Gustaio platform, specifically:
6.2. All payment transactions between end customers and the Restaurant Partner are processed directly through the Restaurant Partner's own Stripe or PayPal account. Gustaio does not hold, process, or intermediate any funds from end customer payments at any time.
6.3. The Restaurant Partner is solely responsible for:
6.4. Gustaio assumes no liability for payment processing errors, delays, chargebacks, or disputes arising from the Restaurant Partner's use of Stripe or PayPal. Any fees charged by Stripe or PayPal (transaction fees, chargeback fees, etc.) are borne exclusively by the Restaurant Partner.
7.1. No Minimum Contract Duration. There is no minimum contract duration. The subscription agreement remains in effect until cancelled by either party.
7.2. Cancellation by the Restaurant Partner. The Restaurant Partner may cancel their subscription at any time through their account settings or by written notice (email to info@kulinariq.com). Cancellation takes effect at the end of the current billing period. The Partner retains access to the platform until the end of the paid period.
7.3. Cancellation by the Provider. The Provider may cancel the subscription agreement with 30 days' written notice. In cases of material breach by the Restaurant Partner (see Section 12), the Provider may terminate the agreement with immediate effect.
7.4. Effect of Cancellation. Upon cancellation:
The Restaurant Partner's store, menus, and experiences will be deactivated and no longer visible to end customers.
Any outstanding balances remain due and payable.
8.1. The Restaurant Partner is responsible for:
8.2. The Restaurant Partner warrants that they hold all necessary licenses, permits, and authorizations required to operate their business and sell food, beverages, and dining experiences to consumers.
8.3. The Restaurant Partner shall not use the platform for any unlawful purpose, including but not limited to: offering prohibited or counterfeit goods, infringing intellectual property rights, or engaging in deceptive business practices.
9.1. The Provider shall:
9.2. The Provider does not guarantee uninterrupted or error-free availability of the platform. Planned maintenance windows will be communicated to the Restaurant Partner in advance where practicable.
10.1. All intellectual property rights in the Gustaio platform, including software, design, branding, documentation, and any proprietary algorithms or features, remain the exclusive property of the Provider.
10.2. The Restaurant Partner retains all intellectual property rights in their own content (menus, images, descriptions, branding) published on the platform. By publishing content on the platform, the Partner grants the Provider a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute such content solely for the purpose of operating the Gustaio platform and promoting the Partner's offerings.
10.3. The Restaurant Partner warrants that all content published on the platform does not infringe any third-party intellectual property rights.
11.1. The Provider processes personal data of Restaurant Partners and their end customers in accordance with the EU General Data Protection Regulation (GDPR – Regulation (EU) 2016/679), the Italian Data Protection Code (D.Lgs. 196/2003), and all applicable data protection laws.
11.2. The Provider and the Restaurant Partner acknowledge that they act as joint controllers (Art. 26 GDPR) with respect to the personal data of end customers processed through the platform. The specific responsibilities will be set out in a separate Data Processing Agreement (DPA) where required.
11.3. The Restaurant Partner is responsible for:
11.4. The Provider will not sell, share, or otherwise disclose the Restaurant Partner's data or end customer data to third parties, except as necessary for the operation of the platform (e.g., payment processing through Stripe or PayPal) or as required by law.
12.1. The Provider may suspend or terminate the Restaurant Partner's access to the platform with immediate effect if:
12.2. In the event of termination for cause, the Provider is not obligated to refund any subscription fees already paid.
13.1. The Provider's liability is limited to direct damages caused by intentional misconduct or gross negligence. The Provider shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to: loss of revenue, loss of profits, loss of customers, or business interruption.
13.2. The Provider's total aggregate liability under these Terms shall not exceed the total subscription fees paid by the Restaurant Partner in the 12-month period preceding the event giving rise to the claim.
13.3. The Provider assumes no liability for:
13.4. The Restaurant Partner agrees to indemnify and hold the Provider harmless from any claims, damages, or losses arising from the Partner's breach of these Terms, violation of applicable laws, or infringement of third-party rights.
14.1. Each party agrees to treat as confidential all non-public information received from the other party in connection with these Terms, including but not limited to: business strategies, pricing information, customer data, and technical specifications.
14.2. Confidential information may only be disclosed to employees, contractors, or advisors who need to know such information for the performance of these Terms and who are bound by appropriate confidentiality obligations.
14.3. The confidentiality obligations under this section shall survive the termination of these Terms for a period of 2 years.
15.1. These Terms shall be governed by and construed in accordance with the laws of Italy.
15.2. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through amicable negotiation between the parties. If no resolution can be reached within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Bolzano (Bozen), Italy.
16.1. The Provider reserves the right to amend these Terms at any time. The Restaurant Partner will be notified of any changes at least 30 days before they take effect.
16.2. If the Restaurant Partner does not object to the amended Terms within the notice period, the amended Terms shall be deemed accepted. If the Partner objects, the Provider may terminate the agreement at the end of the current billing period.
17.1. Should any provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
This section applies exclusively to Partners who offer dining experiences, events, or reservations ("Experiences") via the Gustaio platform, including but not limited to set menus, tasting evenings, themed dinners, and curated restaurant events. Where Experiences are offered, the following rules supersede the general provisions of these Terms with respect to cancellations, no-shows, and pre-authorizations.
The Partner is responsible for defining and maintaining a cancellation policy for each Experience offered via the platform. By default, a standard time-based policy applies with a defined cancellation deadline. In addition, the Partner may optionally configure a custom cancellation policy for individual Experiences; this is not required — where no custom policy is set, the standard terms apply. The cancellation policy must specify:
The Partner's cancellation policy is displayed to the guest during the booking process and is binding upon confirmation of the booking. The Partner may not retroactively alter the cancellation terms applicable to an existing booking.
Experience bookings move through the following status values:
Depending on the cancellation policy configured by the Partner, Gustaio will instruct Stripe or PayPal to execute one of the following payment flows on behalf of the Partner:
The Partner confirms that the configuration of their cancellation policy, upfront charges, and no-show holds via the Gustaio platform constitutes a lawful instruction to Stripe or PayPal to execute these payment operations on the Partner's behalf and at the Partner's sole responsibility.
In the event of a no-show, the Partner is entitled to capture the pre-authorized amount from the guest's payment method, provided that:
Gustaio provides the Partner with tools in the Terminal App to mark a reservation as a no-show and initiate the capture. The Partner is solely responsible for the accuracy and lawfulness of any capture action. Pre-authorizations not captured within the validity window of the hold expire automatically at no cost to the guest.
If a guest cancels a booking within the permitted cancellation window, Gustaio will automatically void the pre-authorization or initiate a full refund to the guest, as applicable. The Partner acknowledges that no cancellation fee may be charged for timely cancellations.
If a guest cancels after the cancellation deadline, the Partner may capture the cancellation fee as specified in their policy. Gustaio will assist with the communication of the cancellation to the Partner in the Terminal App but does not assume liability for the guest's payment behavior.
If the Partner cancels a confirmed Experience booking (e.g., due to force majeure, insufficient bookings, or operational issues), the Partner must:
Repeated or unforeseeable cancellations by the Partner may result in temporary suspension or termination of the Partner's Experience listings in accordance with Section 12.
The Partner is solely responsible for the correct invoicing of Experience bookings, including the correct application of VAT, in accordance with applicable Italian and EU tax regulations. Gustaio does not issue guest invoices or receipts on behalf of the Partner for Experience bookings.
This section applies to Partners who participate in the Gustaio Workbite program, through which corporate clients ("Employers") order meals and meal time slots for their employees ("Employees") via the platform. Where company orders are placed through the Workbite feature, the following rules govern the handling of Employee data transmitted to the Partner.
When an Employer places a company order via the Workbite feature, Gustaio transmits to the Partner the following Employee data necessary for the preparation and fulfillment of the order:
This data is transmitted exclusively for the purpose of enabling the Partner to prepare and fulfill the company order for the correct Employees at the correct time.
The Partner may use Employee data received via Workbite company orders exclusively for the following purposes:
The Partner is strictly prohibited from:
Employee personal data transmitted to the Partner in connection with Workbite company orders is retained for as long as necessary for the fulfillment of the order and compliance with applicable statutory retention obligations. The Partner is obliged to delete Employee data upon a substantiated request from the Employer.
The Partner acknowledges that Employee data transmitted via Workbite company orders constitutes personal data within the meaning of the EU General Data Protection Regulation (GDPR – Regulation (EU) 2016/679). The Partner therefore undertakes to:
In the event of a breach of the obligations under this Section 19 by the Partner, their employees, agents, or subcontractors, the Partner shall indemnify and hold Gustaio and the affected Employer harmless against any resulting claims, fines, damages, or costs, including reasonable legal fees. This obligation survives the termination of the Partner's account.
For questions regarding these Terms, your subscription, or the Gustaio platform, please contact:
KulinariQ GmbH Anton Steger Straße 11 39031 Bruneck (BZ), Italy Email: info@kulinariq.com
Last updated: April 2026
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