Terms and conditions

The platform is provided by:

Trade name

Kwibli

Owner

[NOMBRE Y APELLIDOS DEL TITULAR PENDIENTE]

Tax ID (NIF)

[NIF PENDIENTE]

Address

[DOMICILIO FISCAL PENDIENTE — calle, número, código postal, ciudad, España]

Contact email

hello@kwibli.com

Privacy email

privacy@kwibli.com

Website

kwibli.com

Partners accept these terms when signing up; we record the date and version accepted. Users accept the parts that apply to them when leaving a tip, making a booking or using a loyalty programme.

The Privacy policy, Refund policy, Cookie policy and, for Partners, the Venue Agreement form part of these terms.

• Platform: the software, the website kwibli.com and the public pages (menu, business page, bookings, loyalty and wallet passes).
• Partner: a company or professional (restaurant, bar, salon or other business) that creates an account to use the Platform in the course of its business.
• User: a person who uses a Partner’s public pages, usually by scanning a QR code.
• Stripe: the regulated payment service provider that processes all payments on the Platform.
• Commission: the amount Kwibli retains on each processed transaction, as set out in clause 5.
• Business days: Monday to Friday, except national public holidays in Spain.

Through a single QR code, the Platform lets Partners offer digital tips, digital menus (including AI-assisted menu digitisation and translation), customer feedback, bookings with an optional card guarantee, loyalty programmes, wallet passes and a public business page.

Kwibli is a technology intermediary. It is not a party to the contract between the Partner and the User (food, services, booking), does not provide payment services and does not hold funds: payments go directly from the User’s card to the Partner’s Stripe account.

To sign up as a Partner you must be of legal age, act in the course of your business or profession (not as a consumer) and provide true and up-to-date information, including a valid tax ID for invoicing.

You are responsible for keeping your credentials confidential and for all activity on your account, including team members you give access to.

The Partner represents and warrants, and must keep complying while it uses the Platform, that:

• It holds the licences, permits and insurance its business requires.
• Its business is lawful and is not one that Stripe prohibits or restricts.
• Neither the Partner nor its owners or directors appear on sanctions lists of the European Union, the United Nations or Spain, or act on behalf of people who do.
• All information it gives Kwibli and Stripe is true and up to date.

If any of these statements stops being true, the Partner must tell us without delay. Kwibli may suspend or close the account under clause 20.

5.1 No subscription

Creating an account and using the Platform’s current features has no monthly fee or setup cost.

5.2 Commission

Kwibli charges a commission of 7% of the gross amount of each tip and each successfully collected no-show or late-cancellation charge. The commission is retained automatically at the time of payment as a Stripe “application fee”.

When the Partner refunds a payment to a User, or a dispute is decided in the User’s favour, the commission on that payment is not refunded, except where this results from an error by Kwibli, as set out in the Refund policy.

5.3 Stripe fees

Stripe charges its own processing fees to the Partner’s account under its terms. For tips, the User may voluntarily choose to cover the estimated processing cost; otherwise those costs are deducted from the amount the Partner receives.

5.4 Taxes and invoicing

Kwibli will periodically (normally monthly) issue an invoice for the commissions accrued plus any applicable VAT. The Partner is responsible for taxes and employment obligations relating to its income and to distributing tips to its staff.

5.5 Price changes

Any change to the commission or introduction of fees will be notified at least 15 days in advance. If you do not agree, you can close your account before it takes effect.

To receive payments, the Partner must create and maintain a connected Stripe account and accept the Stripe Connected Account Agreement. Stripe verifies the Partner’s identity and pays out to its bank account.

The Partner is responsible for its Stripe account, issuing any refunds due, handling disputes and chargebacks (including any fees Stripe charges for them) and complying with Stripe’s terms and payment regulations.

Stripe’s decisions. Stripe decides on its own, under its terms, on verifying the Partner, which payments it accepts or declines, holds, reserves and payout timing, and suspending or closing its account. Kwibli does not control those decisions and is not liable for them; if Stripe or an authority requires it, we will apply the corresponding measures on the Platform.

The Partner may require a card guarantee for bookings. If it enables this feature, it undertakes to:

• Set an amount proportionate to the actual loss caused by a no-show and a reasonable free-cancellation window (arts. 82 and 87 of Spanish Royal Legislative Decree 1/2007, TRLGDCU).
• Keep the policy clear and up to date so the User sees it before confirming.
• Only instruct a charge when the User genuinely did not show up or cancelled late, and handle complaints in good faith.

Kwibli records the date, IP address and exact policy text accepted by the User, and carries out the charge on the Partner’s behalf when instructed. We may suspend this feature if we detect misuse.

8.1 Free to use

Using Partners’ public pages is free and requires no account. Kwibli charges Users nothing.

8.2 Tips

Tips are voluntary and are paid directly to the Partner, who decides how to share them with its team in line with applicable law. Before paying you will see the total, including the estimated processing cost if you choose to cover it. Once completed, a tip is final, except for errors or unauthorised use of your card (see the Refund policy).

8.3 Bookings

A booking is an agreement between you and the business. You must provide accurate details. You can change or cancel it using the link in your confirmation email.

8.4 Card guarantee and no-show charges

If you disagree with a charge, follow the procedure in the Refund policy.

8.5 Loyalty and wallet passes

Loyalty programmes and rewards are offered by each Partner, who is responsible for honouring them and may change or end them.

8.6 Feedback

Your feedback must be honest, based on your own experience and respectful. It may be shown on the business’s public page. We may remove unlawful or offensive content.

You must not use the Platform for unlawful or fraudulent activities, create fake bookings, use other people’s cards without authorisation, publish infringing or offensive content, attempt unauthorised access to systems or data, or interfere with the service.

The Platform and the Kwibli brand belong to their owner. We grant you a limited, non-exclusive, non-transferable right to use them while you use the service.

The Partner keeps ownership of its content (logos, photos, menus) and grants Kwibli a free, non-exclusive licence, limited to the duration of the service, to host, adapt to the Platform’s format, translate and display it. The Partner warrants that it holds the necessary rights.

Allergens and prices. The Partner is solely responsible for the accuracy of its menus, prices and allergen information (Regulation (EU) 1169/2011). AI-generated extractions and translations may contain errors: the Partner must review them before publishing.

Kwibli processes Partners’ data as controller, as described in the Privacy policy.

For the data of the Partner’s customers (bookings, feedback, loyalty, wallet passes), the Partner is the controller and Kwibli is the processor. This clause is the data processing agreement required by art. 28 GDPR. Kwibli undertakes to:

• Process the data only to provide the service and on the Partner’s documented instructions (the Platform configuration).
• Ensure confidentiality of authorised persons and apply the security measures of art. 32 GDPR.
• Use the sub-processors listed in the Privacy policy, which the Partner authorises generally; we will give notice of changes and the Partner may object.
• Help the Partner respond to data subject requests and notify it without undue delay of any personal data breach affecting its data.
• Delete or return the data at the end of the service, unless the law requires it to be kept, and make available the information needed to demonstrate compliance.

The Partner must have a legal basis for the processing, inform its customers and respond to their rights.

The Platform is provided “as is” and “as available”. We make reasonable efforts to keep it working, but we do not guarantee that it will work without interruptions or errors or that it is fit for a particular purpose, and we do not offer a committed service level (SLA). There may be interruptions for maintenance, updates or third-party failures (clause 13).

We may change or withdraw features. If a change significantly harms Partners, we will give reasonable notice.

Kwibli does not guarantee that content will be kept or can be recovered. The Partner must keep its own copies of the menus, photos and other content it uploads.

For Users, nothing in this clause limits the guarantees the law gives them.

The Platform runs on third-party services, including Stripe (payments), Google (sign-in, storage, Google Wallet, maps and artificial intelligence), Apple (Apple Wallet), Supabase (database), Vercel (hosting) and Resend (emails). The full list is in the Privacy policy. When a feature that depends on one of them is used, its terms also apply.

Kwibli is not liable for what those third parties do or fail to do, in particular for:

• Their outages, errors, delays or data loss.
• Their decisions about the accounts the Partner holds with them: blocking, closure, holding funds, declining payments or removing Wallet passes.
• Changes to their terms, prices or features, or their ending a service.
• Data processing they carry out as independent controllers under their own policies.

If a third party changes or stops a service, we may adapt, replace or withdraw the affected feature, giving Partners as much notice as we can. We may change providers as long as an equivalent level of security is kept; changes of sub-processors are notified under clause 11.

Tips and no-show charges are processed by Stripe. Kwibli only sends the payment request to Stripe from its pages, and may, without liability, not send it — for example by applying amount limits or limits on the number of attempts, or by not executing a no-show charge instruction — when:

• There are signs of fraud or of a card being used without authorisation (for example, mass testing of stolen cards).
• The amount does not match the policy the User accepted, or the charge has already been collected.
• The law, a competent authority or Stripe requires it.

Once Stripe accepts a payment, Kwibli cannot stop, delay or cancel it: the money is in the Partner’s Stripe account, and refunds are made by the Partner.

Suggestions, guide amounts, templates, sample texts, statistics, translations and other content shown by the Platform, including AI-generated content, are for guidance only. They are not legal, tax, employment or financial advice. The Partner decides how to use them and is responsible for doing so; for legal or tax questions it should consult a professional.

The parties are independent. These terms do not create a partnership, joint venture, employment, agency or fiduciary relationship between Kwibli and the Partner, except the appointment to handle bookings in the Venue Agreement and the data processing agreement in clause 11. Kwibli is not the employer of the Partner’s staff and takes no part in sharing tips.

Kwibli is not liable for services provided by Partners, their content (including prices and allergens), the charging decisions they make or the acts, failures or decisions of third-party providers (clause 13).

Towards Partners, except in cases of wilful misconduct or gross negligence:

• Kwibli is not liable for loss of profit or indirect damage, including loss of bookings, customers, tips, revenue, data or reputation.
• Kwibli is not liable for damage the Partner could have avoided or reduced by reporting in time (clause 19) or by taking reasonable steps, such as checking its menus or keeping copies of its content.
• Kwibli’s total liability, for all events together, is limited to the commissions paid by the Partner in the 12 months before the first event giving rise to it.

Towards Users, who use the Platform for free, Kwibli is liable in the cases and to the extent set by consumer protection law, which nothing in these terms limits.

Kwibli is not liable for delays or failures caused by events beyond its reasonable control, including:

• Natural disasters, fires, epidemics, war, terrorism or civil unrest.
• Acts of authorities, changes in the law, sanctions or embargoes.
• Power, internet or telecommunications outages.
• Outages, failures or decisions of Stripe, Google, Apple, Supabase, Vercel, Resend or other providers.
• Cyberattacks, such as denial-of-service attacks, that are not due to a lack of diligence by Kwibli.

While the event lasts, the affected obligations are suspended. If it lasts more than 30 days, either party may end the contract at no cost. Commissions already accrued remain payable.

The Partner will hold Kwibli harmless and reimburse any damage, penalty, compensation and reasonable cost (including lawyers’ and court representatives’ fees) that Kwibli has to bear because of claims by Users, authorities or other third parties arising from:

• The Partner’s breach of these terms, the Venue Agreement or the law.
• Its content: menus, prices, allergens, photos, texts and staff data, including infringement of third-party rights.
• The services it provides to Users and the bookings it accepts, changes or cancels.
• The no-show charges it instructs.
• Its obligations as controller of its customers’ data.
• Its tax, employment and social security obligations, including how tips are shared.
• Its Stripe account, disputes and chargebacks.
• What members of its team with access to its account do.

Kwibli will tell the Partner about the claim as soon as it learns of it, let it take part in the defence, and will not agree a settlement that costs the Partner money without consulting it first. This obligation does not apply to the extent the damage is caused by Kwibli’s wilful misconduct or fault, and it continues after the account is closed.

How to complain. Complaints are made in writing to hello@kwibli.com, stating the facts, dates, amounts and what is being asked for, with any available documents. Messages sent through other channels do not count as a complaint (clause 22).

Reply time. We reply in writing and in good faith: to Partners, within 30 business days of receiving the complete complaint (if we ask for more information, from when we receive it); to Users, within one month at the latest of receiving it.

Reporting incidents (Partners). The Partner must tell us about any service failure or incident within 30 calendar days of becoming aware of it, so we can fix it and limit its effects. Commission invoices may be disputed within 30 days of their issue; after that they are considered accepted, except for clerical errors.

No admission. Acknowledging or answering a complaint, or making a goodwill gesture, is not an admission of liability. Our silence does not mean we accept a complaint.

Mandatory prior complaint. Before starting any court or arbitration proceedings against Kwibli, the Partner or User must send us a complaint under this clause and wait until the reply period has ended: 30 business days for Partners and one month for Users.

This period does not prevent anyone from seeking urgent interim measures, and no right is lost to limitation periods because of it. If you are a consumer, it does not limit your statutory rights either: you can contact consumer affairs services, the Spanish Data Protection Agency or your bank at any time.

The Partner may close its account at any time. Commissions already accrued remain payable.

Kwibli may immediately restrict or suspend an account or a feature (for example, tips or the card guarantee) if there are signs of a breach, fraud or risk to Users, or if the law, an authority or Stripe requires it. We will give the reasons by email at the latest when the measure takes effect; the Partner may reply with information and we will review it.

Kwibli may end the contract by giving 30 days’ notice with reasons. It may end it immediately if the law or an authority requires it, in case of fraud or serious risk to Users or the Platform, or if the Partner breaches these terms seriously or repeatedly.

Suspension or termination under this clause does not give a right to compensation, except in cases of wilful misconduct or gross negligence by Kwibli. After closure, the clauses on accrued commissions, liability, indemnity, complaints, data protection and governing law remain in force.

The Partner may not assign its position under this contract without Kwibli’s prior written consent.

The Partner agrees now that Kwibli may assign its contractual position, including the Venue Agreement and the data processing agreement, to a company set up or controlled by its owner to continue the business, or to whoever acquires the business or the Platform. We will tell the Partner at least 30 days in advance; if it disagrees, it may close its account at no cost. The assignee will be bound by these terms.

Kwibli communicates with the Partner through the email address on its account and through notices in the dashboard. An email is considered received on the business day after it is sent. The Partner must keep its email address up to date and check notices.

Communications to Kwibli must be made in writing to hello@kwibli.com, or to privacy@kwibli.com for data protection. Messages through social media, messaging apps, phone or other channels do not create obligations for Kwibli.

Kwibli never asks for passwords or full card numbers. Do not reply to messages that do so in our name.

The Platform’s electronic records (acceptances, settings, bookings, charge instructions and notices sent) may be used as evidence.

We may change these terms. We will notify Partners by email or in the dashboard at least 15 days in advance, stating the date the change takes effect. If the Partner disagrees, it may close its account before that date; if it keeps using the Platform afterwards, the change is considered accepted.

Changes required by law or by an authority, and changes needed to deal with an unforeseen and imminent risk of fraud, security breaches or abuse, may apply immediately.

Users are bound by the version published when they carry out each transaction.

• If a clause is void, the rest remains in force. To the extent the law allows, it is replaced by the valid clause closest to its purpose.
• These terms, together with the policies that form part of them and the Venue Agreement, are the entire agreement between the parties on their subject and replace any earlier agreement.
• If Kwibli does not exercise a right at a given time, that does not mean it waives it.
• Headings are for convenience only and do not affect interpretation.

These terms are governed by Spanish law.

If you are a consumer, the courts of your place of residence have jurisdiction and you may contact your regional consumer affairs services. For Partners, the courts of the domicile of the owner of Kwibli have jurisdiction, with express waiver of any other forum.