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Terms of Service

These terms form a binding agreement between Costan Călin-George PFA and the business using KindGuest. By creating an account you accept them.

Last updated: 18 July 2026

1. Who you are contracting with

The service is provided by COSTAN CĂLIN-GEORGE PERSOANĂ FIZICĂ AUTORIZATĂ( “Costan Călin-George PFA”), a Romanian authorised natural person (persoană fizică autorizată), CUI 54870113, registered with the Trade Register under no. F2026030100004, with its registered seat at Municipiul Iași, Județul Iași, cod poștal 700690, România, contactable at ccalin.webdesign@gmail.com.

The provider is not registered for VAT. Prices are therefore quoted and invoiced without VAT, and invoices carry no VAT amount.

2. Business customers only

KindGuest is offered exclusively to businesses acting in the course of their trade (restaurants, cafés, bars and similar venues). It is not offered to consumers. By creating an account you confirm you are contracting for business purposes.

Because this is a business-to-business agreement, the statutory consumer rights that would otherwise apply — including the 14-day right of withdrawal under O.U.G. 34/2014 — do not apply to your purchase.

3. The service

KindGuest provides QR-code based guest feedback collection for restaurants: generated QR codes and printable flyers per table, a feedback form for guests, a dashboard of results, and email alerts for low ratings.

4. Accounts

Accounts are created through Google Sign-In. You are responsible for the security of the Google account used to sign in and for all activity under your account. You must provide accurate venue information and keep your alert email address current.

5. Trial, billing and refunds

New restaurants start with a 30-day free trial. Depending on the signup mode in effect, a payment method may be required up front; if so, no charge is made during the trial and the first charge occurs when the trial ends.

Subscriptions renew automatically each month until cancelled. Payments are processed by Stripe. If a payment fails, access to the dashboard is suspended until payment succeeds. You can cancel at any time from the billing section.

Fees are non-refundable.Cancelling stops the next renewal; it does not refund the current period, and you keep access until the end of the period you have paid for. Partial months are not refunded or pro-rated. We may change prices with 30 days’ notice, effective from your next renewal — if you do not accept a price change, your remedy is to cancel before it takes effect.

6. Acceptable use

You agree not to:

  • submit false, offensive or discriminatory content, or encourage guests to do so;
  • manipulate feedback (for example submitting reviews on guests’ behalf);
  • attempt to access data belonging to another restaurant;
  • probe, scrape, overload or interfere with the service or its rate limits;
  • resell or white-label the service without written permission.

We may moderate or remove content that breaches these rules, and suspend or terminate accounts that do so. Where a breach is not serious and can be fixed, we will normally give you notice and a chance to fix it first.

7. Your content, your guests, your responsibility

You retain ownership of your venue data and the feedback your guests submit. You grant us the limited right to store and process it in order to provide the service.

You decide what you ask your guests and why. You are therefore responsible for: displaying the QR codes and any notice your own privacy obligations require, having a lawful basis for collecting the feedback, and how you act on it. You confirm you will not use the service to collect special categories of personal data (health, religion, political opinion and the like) or data about children.

You will indemnify us against third-party claims, fines or costs arising from your breach of this section — for example a complaint by a guest you did not inform. This indemnity does not extend to anything caused by our own breach of these terms or our own negligence.

8. Data protection (art. 28 GDPR)

For guest feedback, you are the controller and we are the processor: you determine what is collected and why, and we process it on your documented instructions, which for normal use means providing the service as described. For your own account data (name, email, billing records) we are the controller — see our Privacy Policy.

As processor we will:

  • process guest data only on the restaurant's documented instructions;
  • keep the people who access it bound by confidentiality;
  • apply appropriate technical and organisational security measures (art. 32);
  • engage sub-processors only as listed below, and inform the restaurant of changes;
  • assist the restaurant with data-subject requests and with breach notification;
  • delete guest data on account deletion, or return it on request;
  • make available the information needed to demonstrate compliance.

Sub-processors currently engaged are listed in the Privacy Policy. Guest data is stored within the EU. This section, together with the Privacy Policy, is intended to serve as the data-processing agreement required by art. 28(3) GDPR.

9. Availability — no uptime guarantee

The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law we exclude implied warranties of merchantability, fitness for a particular purpose and uninterrupted or error-free operation.

We offer no service-level agreement and no guaranteed uptime. Maintenance, third-party outages (hosting, email delivery, payment processing) and connectivity problems can interrupt the service. Email alerts are delivered on a best-effort basis and may be delayed, filtered or lost by mail providers outside our control — do not rely on them as your only means of learning about guest feedback.

We may change, suspend or discontinue features, giving reasonable notice of material changes where practical.

10. Limitation of liability

We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill or reputation, lost or corrupted data, or loss arising from your reliance on feedback or statistics obtained through the service.

Our total aggregate liability arising out of or in connection with this agreement, whether in contract, tort or otherwise, is limited to the fees you actually paid in the one (1) month immediately preceding the event giving rise to the claim. If a court or authority of competent jurisdiction finds that limit unenforceable, the parties intend it to be replaced by the smallest enforceable limit, and in any event by no more than the fees paid in the 12 months preceding the claim, rather than for the limitation to fall away entirely.

Nothing in these terms limits or excludes liability for intentional misconduct or gross negligence (art. 1355 Civil Code); death or personal injury caused by negligence; any other liability that cannot lawfully be limited.

11. Termination

You may stop using the service at any time and request deletion of your account. On deletion, your account, restaurant, reviews and tables are permanently removed and any active subscription is cancelled. Deletion is irreversible and we do not keep backups from which your data can be restored afterwards.

We may suspend access immediately where an account poses a security risk, is being used unlawfully, or has an unpaid subscription; and we may terminate for material breach that is not remedied within 14 days of notice. On termination by us for breach, no refund is due.

12. Intellectual property

The KindGuest interface, design, flyer templates and source code are the property of Costan Călin-George PFA. Copying or reproducing them without written consent is not permitted. We may refer to you as a customer and use your venue name and logo for that purpose; tell us if you would rather we did not, and we will stop.

13. Changes to these terms

We may update these terms. The “last updated” date above will change, and material changes will be notified to account holders in advance. Continuing to use the service after a change takes effect means you accept the updated terms; if you do not accept them, your remedy is to stop using the service and cancel.

14. Governing law and jurisdiction

This agreement is governed by the laws of Romania, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the competent courts of Iași, Romania.

If any provision of these terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force.

Questions: ccalin.webdesign@gmail.com.