RESTAURANT TERMS OF SERVICE
Version: 1.0.0
1.Acceptance of Terms
1.1.These Terms of Service ("Terms", or "Agreement") govern the use of the Platform and Services ("Services") provided by Gustosfera Management System, a Software as a Service ("SaaS") provider operating at https://gustosfera.com (hereinafter referred to as "Gustosfera", "we", or "us"), including its administrators and authorized representatives. These Terms apply to Restaurant Merchants (hereinafter referred to as "Merchant", "you", or "User") worldwide who access or use the Platform and Services, regardless of their location. To the maximum extent permitted by law, these Terms shall prevail over any conflicting local laws or regulations applicable to the Merchant, subject to mandatory legal requirements in the Merchant's jurisdiction.
1.2.By creating an account, the Merchant represents and warrants that they have full legal authority to act on behalf of the Restaurant, either as the owner or as a duly authorized representative. The Merchant acknowledges that all actions taken under the registered account shall be legally binding on the Restaurant and its owner. The Merchant assumes full responsibility for compliance with these Terms, including but not limited to payments, legal obligations, and the use of the Services.
1.3.If a customer places an order through the Services, it shall be conclusively presumed that the account holder is acting with legal authority as the Merchant, absent fraud or willful misconduct by Gustosfera. The Merchant further agrees that Gustosfera shall have no obligation to mediate, verify, or resolve ownership disputes between the Restaurant owner and any authorized individual managing the account. The Merchant shall indemnify and hold Gustosfera harmless from any claims, losses, or liabilities arising from unauthorized use of their account or disputes over authority.
1.4.By registering for an account using an email address as a part of the authentication process, by making any payment to Gustosfera, including but not limited to wallet recharges or the purchase of any related product and/or service, or by accessing any Services provided by Gustosfera through promotions, rewards, or any other form of extended Services usage, the Merchant expressly acknowledges, affirms, and agrees to be legally bound by the most recent version of these Terms.
1.5.If the Merchant does not accept the latest Terms, they shall not make payments to Gustosfera for future Services or Products (except to settle outstanding dues or for Services/Products accessed prior to the updated Terms' effective date) nor continue using the Platform or Services in any capacity, including with existing Wallet balances or promotional credits. Any use of the Platform or Services, whether through payment, existing funds, free features, or redemption of promotional offers, shall constitute the Merchant's unequivocal acceptance of the most recent Terms.
1.6.These Terms govern the Software as a Service ("SaaS") provided by Gustosfera to the Merchant, including the Services outlined in the section titled "Services Included" of these Terms. The core purpose of these Services is to enable the Merchant to sell their products and/or any related services, which are legally permitted under the applicable laws and local jurisdiction of their town, city, state, and/or country, under their own brand.
1.7.If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Upon termination of a Merchant's access to the Platform and Services, all provisions shall be deemed null and void, except for those that, by their nature, are intended to survive termination, including but not limited to confidentiality, liability, and dispute resolution provisions.
1.8.The Merchant acknowledges that "GusKart" at "GusKart.com" and "GusCart" at "GusCart.com" are brands owned and operated by Gustosfera. These Terms apply equally and fully to the Merchant's use of Services under these brands, whether accessed directly (e.g., via GusKart.com or GusCart.com) or through subdomain suffixes provided by Gustosfera (e.g., merchant.guskart.com, merchant.guscart.com). All references to Gustosfera in these Terms shall include its associated brands, GusKart.com and GusCart.com, unless explicitly stated otherwise.
1.9.The Merchant represents that they are at least 18 years old or the age of majority in their jurisdiction, whichever is higher, and have the legal capacity to enter into this Agreement. The Merchant warrants that their Restaurant is a legally recognized entity (e.g., sole proprietorship, corporation) eligible to conduct business under applicable laws. Gustosfera may suspend or terminate the Merchant's account if they fail to meet these eligibility criteria, without refund or liability.
2.Definitions
2.1."Services" refers to the software, platform features, and functionalities provided by Gustosfera, as outlined in the section titled "Services Included" of these Terms.
2.2."Platform" refers to the proprietary software ecosystem developed, operated, and maintained by Gustosfera, including but not limited to web-based applications, mobile applications (Android and iOS, where applicable), Point of Sale (POS) applications, administrative tools, APIs, and any associated infrastructure that facilitates the provision of Services to the Merchant.
2.3."Restaurant" refers to a business establishment engaged in the preparation and sale of food, beverages and/or any related products and services for on-premises consumption, takeaway, or delivery.
2.4."Products" refer to any goods, food items, beverages, or other tangible offerings that the Merchant makes available for sale through the Services. This includes all items listed on the Merchant's online store on the Platform, whether sold directly to customers for consumption, delivery, or pickup.
2.5."Merchant" refers to the Restaurant owner, operator, or any authorized individual who registers or manages the Restaurant's account on the Platform.
2.6."eCommerce" refers to the practice of conducting commercial transactions online, enabling the Merchant to sell products and/or related services, permitted under applicable laws, via the Platform.
2.7."Operating Mode", (singular or plural), refers to the three distinct statuses under which a Merchant may operate their online presence through the Platform, affecting how their store is displayed and accessed by customers. These modes are defined and detailed in the section titled "Services Included" under "Usage-Based Pricing" of these Terms.
2.8."Consumable Services" refers to additional services, features, or functionalities charged separately on a pay-per-use basis, as specified in the Platform's pricing documentation (available at https://gustosfera.com or within the Merchant dashboard), which may include, without limitation, marketing services, communication tools (e.g., SMS, WhatsApp notifications), enhanced business features, or future supplementary offerings.
2.9."Unit Duration" refers to a minute, the standardized time unit used to calculate the Merchant's usage-based charges for the Services, as detailed in Section 4.5 ('Usage-Based Pricing'), subject to adjustment by Gustosfera with notice.
2.10."Subdomain" refers to a subset of the primary domain owned and operated by Gustosfera, specifically designated for hosting the Merchant's website. The subdomain will be a distinct URL associated with https://gustosfera.com, which will serve as the online platform for the Merchant to host and sell their products, utilizing the infrastructure and services provided by Gustosfera.
2.11."Primary Domain" or "Domain" refers to the main web address owned and operated by the Merchant, serving as the foundation of their online presence. This includes all associated web pages, subdomains, and digital assets associated with the Merchant's Website.
2.12."Customer" refers to end-users who access the Platform, browse products, and/or place orders through the Merchant's website and/or associated applications.
2.13."Wallet" or "Main Wallet" refers to a prepaid balance system within the Platform that allows the Merchant to deposit funds for payment of Services, including but not limited to usage-based charges and consumable services. Wallet funds are added via direct payment transactions by the Merchant and do not expire.
2.14."Rewards Wallet" refers to a separate promotional balance system within the Platform, distinct from the Main Wallet. The Rewards Wallet functions as follows:
2.14.1.The balance consists solely of promotional credits issued by Gustosfera under specific promotional campaigns and cannot be purchased.
2.14.2.The equivalent value of Rewards Wallet credits is One USD in the Rewards Wallet equals One USD in the Main Wallet.
2.14.3.The usage of Rewards Wallet funds is subject to limitations based on the applicable promotional campaign, including how much can be used per transaction and/or payment.
2.14.4.Unlike the main Wallet, Rewards Wallet credits expire after a set period, as defined in the promotion under which they were credited.
2.15."Currency" refers to the United States Dollar (USD), which serves as the primary currency for all payments made by the Merchant to Gustosfera. This includes Wallet top-ups, service charges, and any other monetary transactions. The Wallet balance is maintained in USD, regardless of the Merchant's local currency. If the Merchant chooses to make a payment using another currency, the applicable conversion rate shall be displayed to them at the time of payment.
2.16."Cumulative Recharge" refers to the total amount of funds, in United States Dollars (USD), added to the Merchant's Main Wallet over the course of their usage of the Platform, whether through a single transaction or multiple transactions, unless otherwise specified for a particular feature or service. This metric serves as a measure of minimum Platform usage to assess eligibility for certain discretionary features (e.g., shorter subdomains, reserved names, or advanced services). Achieving a Cumulative Recharge threshold does not constitute payment for, or confer entitlement to, any specific feature or service; it is solely a safeguard against spam and abuse, with final activation subject to Gustosfera's sole discretion.
3. Merchant
3.1.Account Registration & Authentication
3.1.1.The Merchant is the individual who registers the Restaurant and completes the authentication process.
3.1.2.The Merchant acknowledges that registration constitutes express acceptance of these Terms.
3.1.3.The Merchant is responsible for ensuring that all Restaurant operations on the Platform comply with these Terms and applicable laws.
3.2.Acceptance of Terms
3.2.1.The Merchant expressly agrees to be bound by the latest version of these Terms upon performing any of the following actions:
3.2.1.1.Completing the initial authentication process, including but not limited to registration.
3.2.1.2.Making any payment to Gustosfera, whether for Wallet top-up, usage-based fees, or any other paid Services.
3.2.1.3.Redeeming promotional credits from the Rewards Wallet.
3.2.1.4.Accessing or using any part of the Services, including free or trial-based features.
3.2.1.5.Engaging in any activity that directly or indirectly extends their access to the Services, including but not limited to participation in promotions, referral programs, or similar engagements.
3.2.2.If the Merchant does not accept the latest Terms, they shall refrain from making any further payments or accessing any additional Services, except for the sole purpose of:
3.2.2.1.Settling any outstanding dues or unpaid charges.
3.2.2.2.Continuing the use of previously accessed Services under the applicable Terms in effect at the time of access, until their validity or usage period expires.
3.2.3.The Merchant acknowledges that continued use of the Services, including initiating new transactions or accessing any feature of the Services, shall constitute their acceptance of the most recent Terms.
3.3.Legal & Regulatory Compliance
3.3.1.The Merchant is solely responsible for ensuring that all products and/or related services sold via the Platform comply with applicable local, state, national, and international laws, including but not limited to export/import regulations, trade sanctions, and cross-border data transfer requirements in their jurisdiction and any jurisdiction where their customers reside.
3.3.2.The Merchant shall comply with all consumer protection laws, food safety regulations, and licensing requirements applicable to their business.
3.3.3.Gustosfera shall not be liable for any regulatory violations or third-party claims arising from the Merchant's failure to comply with applicable laws. The Merchant acknowledges that the Platform is a general-purpose tool, and it is their sole responsibility to ensure its features meet their specific legal and regulatory requirements.
3.4.Liability for Transactions & Customer Interactions
3.4.1.The Merchant is solely responsible for fulfilling orders, ensuring product availability, and handling customer complaints or disputes.
3.4.2.Gustosfera shall not be liable for any losses, damages, or liabilities incurred by the Merchant in relation to customer transactions, failed deliveries, chargebacks, or operational disputes, except where such losses are directly caused by Gustosfera's gross negligence or willful misconduct.
3.5.Financial Obligations & Wallet Usage
3.5.1.The Merchant shall maintain sufficient Wallet balance to continue accessing the Services.
3.5.2.The Wallet balance may only be used for payments to Gustosfera and is non-refundable, including upon termination by either party, unless Gustosfera, at its sole discretion, determines otherwise.
3.5.3.Rewards Wallet credits are subject to promotional terms, including expiry dates and usage limits per transaction.
3.5.4.The Merchant agrees that currency conversion rates for non-USD payments shall be determined at the time of transaction, and any applicable fees shall be borne by the Merchant, unless otherwise explicitly stated.
3.6.Termination & Account Closure
3.6.1.The Merchant may request account closure by settling all outstanding dues and discontinuing use of the Services.
3.6.2.Gustosfera reserves the right to suspend or terminate the Merchant's access to the Services if they:
3.6.2.1.Violate these Terms.
3.6.2.2.Engage in fraudulent, illegal, or unethical business practices.
3.6.2.3.Fail to maintain required compliance or regulatory approvals.
4.Services Included
4.1.Gustosfera provides the Merchant with access to a "Software as a Service" (SaaS) platform, which is leased and not sold, enabling the online sale of products and/or related services under the Merchant's own brand. The Merchant acknowledges that they are granted only a limited, non-exclusive, and revocable right to use the Services and do not own any part of the platform, its underlying technology, source code, software, infrastructure or any associated code.
4.2.The Services outlined below represent a high-level overview and may be modified at Gustosfera's discretion. Not all features and functionalities are available at all times, and certain services may require specific actions or conditions to be activated. Details regarding any eligibility, activation requirements, and operational conditions are further described within each feature's respective section. The descriptions in this section define the intended purpose of each service rather than a comprehensive technical specification.
4.3.Gustosfera reserves the right to modify, enhance, or discontinue any part of the Services at its sole discretion, provided that such changes do not affect the Merchant's existing paid services without prior notice.
4.4.Subdomain and Custom Domain
4.4.1.Gustosfera shall provide the Merchant with a subdomain for hosting their online storefront, utilizing one of the following suffixes (hereinafter referred to as "Subdomain Suffixes"), subject to availability: guskart.com, guscart.com, cafe.guskart.com, cafe.guscart.com, restaurant.guskart.com, restaurant.guscart.com, food.guskart.com, food.guscart.com. For clarity, a "subdomain" refers to a unique prefix chosen by the Merchant (e.g., "merchant.guskart.com"), appended to one of these Subdomain Suffixes. The Merchant shall not receive the full Subdomain Suffix (e.g., "guskart.com") as their standalone domain.
4.4.2.The subdomain prefix must consist of at least five (5) characters. Subdomains with prefixes shorter than five (5) characters and certain reserved names (including but not limited to those within the Subdomain Suffixes) are restricted unless the Merchant meets specific eligibility criteria.
4.4.3.Eligibility to unlock shorter subdomain prefixes (fewer than five characters) or reserved names requires the Merchant to achieve a Cumulative Recharge of at least USD $500 in the Main Wallet. This threshold may be met through a single transaction or multiple transactions over the Merchant's usage of the Platform, unless otherwise specified for a specific subdomain. Attaining this threshold does not entitle the Merchant to these features; activation remains at Gustosfera's sole discretion to prevent spam and abuse of Services.
4.4.4.The Merchant acknowledges that even upon reaching the Cumulative Recharge threshold, they have no contractual right or entitlement to shorter or reserved subdomains. Gustosfera retains the final authority to approve, deny, or revoke such features, with or without notice.
4.4.5.The subdomain prefix must not contain offensive, inappropriate, or objectionable content, as determined by Gustosfera in its sole discretion, in accordance with local and international norms, cultural sensitivities, and legal standards.
4.4.6.Gustosfera reserves the absolute right to reject, modify, revoke, or reassign any subdomain at its sole discretion, including for operational, legal, or cultural reasons, with or without notice.
4.4.7.The Merchant acknowledges that they do not own the subdomain and are granted only a temporary, non-exclusive, non-transferable license to use it while actively utilizing the Platform's Services under these Terms.
4.4.8.A subdomain may be revoked if:
4.4.8.1.the Merchant closes their account;
4.4.8.2.the Main Wallet balance remains insufficient to cover active Services for seven (7) consecutive days; or
4.4.8.3.Gustosfera deems revocation necessary for any reason.
4.4.9.Once revoked, the subdomain cannot be reclaimed by the Merchant, even upon resuming use of the Platform or creating a new account.
4.4.10.Custom Domains: Merchants opting for a custom domain (e.g., "merchant.com") must purchase and register such domains independently through a third-party domain registrar. Gustosfera shall not provide, procure, or fund custom domains on behalf of the Merchant. Additionally, Gustosfera shall not offer assistance in purchasing, configuring, or integrating any third-party services related to custom domains, including but not limited to domain registration, DNS setup, or hosting. The Merchant bears full responsibility for all costs, technical setup, and maintenance associated with their custom domain.
4.4.11.Domain Compliance and Suspension: The Merchant shall ensure that their subdomain or custom domain complies with all applicable laws, including intellectual property and trademark regulations. Gustosfera reserves the right to suspend or disable access to any subdomain or custom domain integration if it:
4.4.11.1.infringes third-party rights;
4.4.11.2.is used for illegal, fraudulent, or prohibited activities as per Section 13; or
4.4.11.3.poses a security or reputational risk to Gustosfera, as determined in its sole discretion.
4.4.12.Suspension or disablement may occur without prior notice, and the Merchant shall have no claim for compensation or damages arising therefrom.
4.4.13.Gustosfera reserves the right to monitor and collect analytics data related to the usage of subdomains and custom domains integrated with the Platform (e.g., traffic, performance metrics) for operational, security, and improvement purposes. Such data shall remain the property of Gustosfera and may be used in aggregate form for marketing or reporting, provided it does not identify the Merchant without their consent. The Merchant acknowledges that this monitoring is inherent to the Service and waives any claim to ownership or compensation for such data.
4.4.14.The Merchant shall not transfer, assign, or redirect their subdomain or custom domain integration to another platform, service, or entity without Gustosfera's prior written consent. Any unauthorized transfer shall result in immediate revocation of the domain's integration with the Platform.
4.4.15.The Merchant is solely responsible for renewing their custom domain with the third-party registrar. Gustosfera shall not be liable for any lapse, expiration, or loss of a custom domain due to non-renewal, and the Merchant shall bear all consequences, including service interruptions.
4.4.16.Gustosfera does not guarantee the availability of any specific subdomain prefix, even if it meets the character and content requirements. Subdomains are assigned on a first-come, first-served basis, and Gustosfera may reallocate prefixes for operational needs.
4.5.Usage-Based Pricing
4.5.1.Pricing Structure
4.5.1.1.Gustosfera operates on a usage-based pricing model, charging the Merchant based on the duration their Restaurant remains active in a specific Operating Mode, calculated per minute with partial minutes rounded up to the nearest full minute. Charges are denominated in MicroDollars, where one United States Dollar (USD) equals 1,000,000 MicroDollars. The applicable pricing for each mode is as follows:
4.5.1.1.1.Business Mode: 9,987 MicroDollars per minute (USD $0.009987/min).
4.5.1.1.2.Display Mode: 4,994 MicroDollars per minute (USD $0.004994/min).
4.5.1.1.3.Offline Mode: 0 MicroDollars per minute (USD $0.00/min), provided free of charge.
4.5.1.2.The "Base Price" refers to the per-minute rates outlined in 4.5.1.1 for each Operating Mode. The Base Price includes: (a) up to 500 products and product add-ons combined (collectively, "Items") for use on the Merchant's website; and (b) access to all other Platform features (e.g., online store, ordering system, business management applications) without quantity or usage limits, unless explicitly restricted elsewhere in these Terms. For clarity, "product add-ons" are additional options or variants tied to a product (e.g., sizes, toppings), counted collectively with products toward the 500-Item limit.
4.5.1.3.Additional Items beyond the 500-Item limit included in the Base Price shall be charged in batches of 100 Items, as follows:
4.5.1.3.1.Business Mode: 1298 MicroDollars per batch (USD $0.001298/batch).
4.5.1.3.2.Display Mode: 649 MicroDollars per batch (USD $0.000649/batch).
4.5.1.3.3.Offline Mode: 0 MicroDollars per minute (USD $0.00/min), provided free of charge.
4.5.1.4.A "batch of 100 Items" refers to each incremental set of up to 100 additional products and product add-ons combined exceeding the Base Price limit of 500 Items. For example: (a) if the Merchant adds 20 Items beyond 500, they shall be charged for one batch; (b) if the Merchant adds 120 Items beyond 500, they shall be charged for two batches. Charges apply irrespective of whether the full batch capacity is utilized, and billing occurs per minute while the Merchant's store is active in Business Mode or Display Mode.
4.5.1.5.Gustosfera reserves the right to modify the Base Price rates, Item limits, or batch pricing with thirty (30) days' prior notice to the Merchant, communicated via email or the Platform. Continued use of the Services after the effective date of such changes constitutes acceptance of the revised pricing.
4.5.1.6.The Merchant must maintain a positive Main Wallet balance at all times to access Business Mode or Display Mode. If the balance falls to zero or below, Gustosfera may automatically switch the Merchant's store to Offline Mode without notice until sufficient funds are added. No refunds or credits shall be issued for downtime caused by an insufficient balance.
4.5.1.7.Charges for Operating Modes shall be prorated based on the actual time spent in each mode, calculated per minute. If the Merchant switches modes mid-minute (e.g., from Business Mode to Display Mode), the higher rate (Business Mode) shall apply for the full minute, with subsequent minutes charged at the new mode's rate.
4.5.1.8.Gustosfera may, at its discretion, notify the Merchant via email or the Platform when their Item count approaches or exceeds 500, but is not obligated to do so. The Merchant may request a temporary cap on additional Items beyond 500 to avoid batch charges, subject to Gustosfera's approval and technical feasibility. If approved, the cap restricts further Item additions until the Merchant opts to incur batch charges or removes excess Items.
4.5.1.9.Gustosfera shall provide the Merchant with access to usage reports detailing minutes spent in each Operating Mode and Item batch charges via the Merchant dashboard, updated at least daily. The Merchant acknowledges that these reports are conclusive for billing purposes unless disputed in writing within seven (7) days of posting, per Section 9.6.
4.5.1.10.All charges are calculated and deducted from the Main Wallet in USD. If the Merchant recharges their Wallet in a currency other than USD, they shall bear all conversion fees and exchange rate fluctuations, ensuring the full USD amount is credited to Gustosfera per Section 9.3.
4.5.2.Operating Modes
4.5.2.1.Business Mode: The Merchant's online store is fully operational, enabling customers to browse products, view add-ons, and place orders. The Merchant has unrestricted access to all Platform features, including order management, payment processing, and content updates.
4.5.2.2.Display Mode: The Merchant's online store remains accessible for customers to view product listings and add-ons, with eCommerce functionalities (e.g., adding items to cart, placing orders) disabled. The Merchant retains access to Platform features for viewing and managing store content (e.g., updating product details) but cannot process transactions.
4.5.2.3.Offline Mode: The Merchant's online store is disabled and inaccessible to customers, displaying only a static banner and/or text on the website stating the store is offline (e.g., "This store is currently offline"). Customer interaction with the website is fully restricted, and the Merchant's access to Platform features is limited to administrative functions only (e.g., wallet recharge, account settings). Store-related features (e.g., adding or modifying products, managing orders) are disabled and require activation of Business Mode or Display Mode to resume.
4.5.2.4.Mode Change Reflection: Mode changes initiated by the Merchant or Gustosfera may take effect instantly or up to thirty (30) minutes to reflect for each customer, depending on individual device settings, browser cache, or network conditions. The Merchant acknowledges that Gustosfera is not liable for delays in mode visibility to customers.
4.5.2.5.Automatic Mode Switching Due to Insufficient Funds: If the Merchant's Main Wallet balance falls to zero or below while in Business Mode or Display Mode, Gustosfera may automatically switch the store to Offline Mode without notice. The Merchant shall be responsible for recharging their Wallet to resume Business Mode or Display Mode.
4.5.2.6.Mode Transition Delays: Mode changes initiated by the Merchant (e.g., switching from Business Mode to Display Mode) may take up to five (5) minutes to process within the Platform. During this transition, the store shall remain in its prior mode until the switch is fully executed.
4.5.2.7.Abandoned Account Due to Prolonged Offline Mode: If the Merchant's store remains in Offline Mode for ten (10) consecutive days, whether due to insufficient Wallet balance or Merchant choice, Gustosfera may deem the account abandoned. In such cases, Gustosfera may initiate procedures to remove the Merchant's content and website from the Platform, as outlined in Section 11.3 (Termination and Account Closure), including the potential revocation of subdomains per Section 4.4.8.
4.5.2.8.Temporary Suspension of Modes for Maintenance: Gustosfera may temporarily suspend access to Business Mode or Display Mode for scheduled maintenance or unforeseen technical issues, during which the store shall default to Offline Mode. Gustosfera shall endeavor to notify the Merchant of scheduled maintenance at least twenty-four (24) hours in advance via email or the Platform, but is not liable for unavailability during such periods or for lack of notice in emergencies.
4.5.2.9.Mode-Specific Content Restrictions: In Offline Mode, the Merchant may not customize the static banner or text beyond options provided by Gustosfera (e.g., default message templates). Any attempt to bypass this restriction (e.g., via third-party code) shall be considered a violation of these Terms, potentially resulting in account suspension per Section 11.2. In Business Mode and Display Mode, content must comply with Section 13 (Prohibited Activities).
4.5.2.10.Gustosfera reserves the right to modify the functionality or availability of Operating Modes with thirty (30) days' prior notice to the Merchant, communicated via email or the Platform. Continued use of the Services after such changes constitutes acceptance of the revised terms.
4.5.2.11.The Merchant may request to lock their store in Offline Mode for a defined period to prevent accidental activation of Business Mode or Display Mode, subject to Gustosfera's approval via the Platform dashboard. If approved, the lock shall persist until the Merchant requests its removal, and the 10-day abandonment rule (Section 4.5.2.7) shall not apply during the approved lock period.
4.5.2.12.Gustosfera shall maintain a record of mode changes (e.g., timestamps, initiating party) accessible to the Merchant via the Platform dashboard. These records shall be conclusive for determining mode status unless disputed in writing within seven (7) days of posting, per Section 9.6 (Billing Disputes).
4.5.2.13.In the event of a security breach, legal order, or critical operational issue affecting the Merchant's store (e.g., malware, prohibited content), Gustosfera may override the current Operating Mode and switch the store to Offline Mode without notice. The Merchant shall be informed of the reason as soon as practicable, and reinstatement shall be at Gustosfera's discretion upon resolution.
4.5.2.14.The Merchant is solely responsible for notifying their customers of mode changes (e.g., switching to Offline Mode) and any resulting impact on order availability or store access. Gustosfera shall not be obligated to communicate such changes to the Merchant's customers.
4.6.Online Store & Ordering System
4.6.1.Provision of Online Store: Gustosfera provides the Merchant with an online store as part of the Services, enabling them to list and display their Products for sale under their own brand. The online store is hosted and managed by Gustosfera, and the Merchant is granted a non-exclusive, non-transferable right to use the system strictly for the purpose of conducting business through the platform.
4.6.2.Ordering System: The Services include an integrated ordering system that allows customers to browse the Merchant's available Products and place orders. The ordering functionality operates under the selected "Operating Mode" (Business Mode, Display Mode, or Offline Mode), as defined in the "Usage-Based Pricing". The Merchant is solely responsible for fulfilling, processing, and managing customer orders, including delivery, pickup, or any other method of fulfillment. The Merchant receives order details and notifications through the platform. Gustosfera facilitates the transmission of order information but is not involved in order processing, fulfillment, or customer interactions related to Merchant's restaurant.
4.7.Merchant's Control & Customization
4.7.1.The Merchant has limited control over the online store's configuration, including but not limited to:
4.7.2.Managing Product listings, descriptions, and pricing.
4.7.3.Enabling or disabling order acceptance based on store availability.
4.7.4.Customizing certain visual elements within the permitted scope of the platform.
4.7.5.Configuring payment methods as per available options.
4.8.Limitations & Service Scope:
4.8.1.The Merchant does not own or have any rights over the software, system architecture, source code, or any technology powering the online store. The Merchant's access is purely a service lease, subject to continued compliance with these Terms.
4.8.2.Gustosfera retains the right to update, modify, or restrict certain features of the ordering system at its sole discretion, without prior notice, for operational, security, or legal reasons.
4.8.3.The availability of specific features may depend on the Merchant's service plan, operating status, or other conditions set forth in these Terms.
4.8.4.The online store and ordering system shall not be used to sell any prohibited or restricted items, as defined by applicable laws and Gustosfera's policies.
4.8.5.The availability of the ordering system depends on various operational factors, including system maintenance, technical constraints, and other considerations. Gustosfera does not guarantee uninterrupted access or availability of any specific feature and/or service at all times. Certain features and services may require additional activation steps or compliance with specific conditions.
4.9.Temporary Suspension or Termination
4.10.Gustosfera reserves the right to suspend or disable the Merchant's online store and ordering system access in the following cases:
4.10.1.Non-payment or insufficient Wallet balance for continued service usage.
4.10.2.Violation of these Terms, including the listing of prohibited items or misuse of the Services.
4.10.3.Legal or regulatory requirements necessitating immediate action.
4.10.4.If the online store is deactivated due to any of the above reasons, the Merchant may lose access to prior configurations, data, and/or settings. Reactivation, if permitted, is subject to Gustosfera's discretion.
4.11.Business Management Applications
4.12.Gustosfera provides the Merchant with access to business management applications designed to facilitate the operation and administration of their online store. These applications are made available as part of the Services and remain the exclusive property of Gustosfera. The Merchant acknowledges and agrees to the following terms regarding their use:
4.12.1.Scope & Access
4.12.1.1.Purpose:
4.12.1.1.1.The applications are provided solely for the Merchant's use in managing their business operations on the Platform. They do not grant the Merchant any ownership, rights, or claims over the underlying software, source code, or any proprietary technology used by Gustosfera.
4.12.1.2.Usage Restrictions:
4.12.1.2.1.The applications are licensed to the Merchant on a limited, non-exclusive, non-transferable, and revocable basis, strictly for use in conjunction with the Services. The Merchant shall not:
4.12.1.2.2.Modify, reverse-engineer, decompile, or attempt to extract the source code of any application.
4.12.1.2.3.Use the applications for any purpose other than managing their business on the Platform.
4.12.1.2.4.Transfer, sublicense, or provide access to any third party.
4.12.1.3.Availability & Functionality:
4.12.1.3.1.The applications provided include:
4.12.1.3.2.Android Application - Included as part of the Services for Merchants to manage their business.
4.12.1.3.3.iOS Application - Subject to availability and may require additional conditions or charges.
4.12.1.3.4.Point of Sale (POS) Application - Subject to availability and may require additional conditions or charges.
4.12.2.Gustosfera reserves the right to modify, update, or discontinue any application or feature at its sole discretion without prior notice. Certain functionalities may require activation steps, compliance with specific conditions, or additional charges, as detailed in the relevant sections of these Terms.
4.12.3.Compliance & Liability
4.12.3.1.Account Responsibility: The Merchant is solely responsible for all actions performed using the business management applications, whether by themselves, their employees, or any authorized personnel. Any activity conducted through the applications shall be deemed to be the Merchant's action, and they shall remain fully liable for compliance with these Terms.
4.12.3.2.Data Management & Security: The Merchant is responsible for maintaining the confidentiality of their login credentials and ensuring secure access to the applications. Gustosfera shall not be liable for any unauthorized access, misuse, or data loss resulting from the Merchant's negligence or failure to implement appropriate security measures.
4.12.3.3.Operational Limitations: The applications are provided on an "as-is" and "as-available" basis. Gustosfera does not guarantee uninterrupted access, error-free operation, or compatibility with third-party software or hardware.
4.13.Digital Wallet
4.14.Gustosfera provides the Merchant with a prepaid Digital Wallet that is used exclusively for making payments related to the Services. The Merchant acknowledges and agrees to the following terms regarding the Digital Wallet:
4.14.1.Scope & Usage
4.14.1.1.Mandatory Payment Method - All payments from the Merchant to Gustosfera, including but not limited to subscription fees, service charges, and purchases of additional features or products, must be made exclusively through the Digital Wallet. No other payment method is accepted unless explicitly stated by Gustosfera.
4.14.1.2.Currency & Conversion - The Digital Wallet operates in United States Dollars (USD) as the base currency for all transactions. If the Merchant adds funds using a different currency, the applicable exchange rate shall be displayed at the time of payment. Gustosfera may, at its discretion, provide indicative pricing or balance displays in the Merchant's local currency for convenience, but all charges and settlements shall be calculated and processed in USD.
4.14.1.3.Payment Processing Fees - The Merchant is solely responsible for any transaction fees, payment processing charges, or currency conversion fees incurred while funding the Digital Wallet, unless Gustosfera explicitly states otherwise.
4.14.2.Funding the Wallet
4.14.2.1.MicroDollar System - The balance in the Digital Wallet is maintained in MicroDollars, where one United States Dollar (USD) is equivalent to (one million) 1,000,000 MicroDollars. All transactions, deductions, and balance calculations are performed at this level of precision.
4.14.2.2.Top-Up / Recharge - Top-Up and Recharge are interchangeable terms, both referring to the act of adding funds to the Digital Wallet by making a payment to Gustosfera. The balance is credited in microdollars, based on the amount paid and the exchange rate at the time of payment.
4.14.2.3.Final & Non-Refundable Transactions - All funds added to the Digital Wallet are final, non-refundable, and non-transferable unless required by applicable law. The Merchant agrees that once a payment is processed, the funds cannot be withdrawn, transferred to another account, or converted back into any other form of payment.
4.14.3.Wallet Balance & Expiry
4.14.3.1.Non-Expiring Balance - The balance in the Digital Wallet does not expire and remains available for future transactions until fully utilized.
4.14.3.2.Value Equivalence - Each USD $1 in the Digital Wallet is equivalent to USD $1 in real currency and can be used for purchasing services and products from Gustosfera at their listed prices.
4.14.3.3. Forfeiture Upon Account Closure - If the Merchant closes their account, any remaining balance in the Digital Wallet shall be permanently forfeited. It is the Merchant's responsibility to fully utilize the balance before initiating account closure.
4.14.4.Account Responsibility
4.14.4.1.Sufficient Balance Requirement - The Merchant is responsible for maintaining a sufficient balance to cover all applicable charges. A negative or insufficient balance may result in service suspension or termination.
4.14.4.2.Liability for Unauthorized Transactions - The Merchant is fully responsible for any transactions made using their Digital Wallet. Gustosfera shall not be liable for unauthorized use of wallet funds due to compromised login credentials or account breaches resulting from the Merchant's negligence.
4.15.Rewards Wallet
4.15.1.Nature and Ownership
4.15.1.1.The Rewards Wallet contains promotional credits issued by Gustosfera at its sole discretion under specific offers, campaigns, or reward programs. These credits do not constitute legal tender, electronic money, or stored-value funds, and the Merchant has no ownership rights over the balance.
4.15.1.2.Gustosfera retains full authority over the Rewards Wallet, including but not limited to modifying, revoking, or forfeiting the credits at any time, without prior notice or liability.
4.15.2.Currency and Conversion
4.15.2.1.The Rewards Wallet balance is denominated in United States Dollars (USD), following the same MicroDollar system as the Digital Wallet, where one United States Dollar (USD) is equivalent to (one million) 1,000,000 MicroDollars.
4.15.2.2.Rewards may be issued as Points, which shall be converted into USD at a predefined rate set by Gustosfera at the time of redemption. The conversion rate is determined solely by Gustosfera and may vary across different promotions.
4.15.3.Usage and Restrictions
4.15.3.1.The Rewards Wallet balance may only be used for eligible transactions on the Platform and cannot be withdrawn, transferred, or converted into the Digital Wallet or any external account.
4.15.3.2.While the Rewards Wallet credits retain the same nominal value as the Digital Wallet balance (one USD in Rewards Wallet = one USD in Digital Wallet), their usage is subject to specific limitations imposed by the promotion under which they were granted. These restrictions may include but are not limited to:
4.15.3.2.1.Maximum amount per transaction that can be paid using Rewards Wallet credits.
4.15.3.2.2.Specific services or products for which Rewards Wallet credits can be used.
4.15.3.2.3.Minimum transaction values required to utilize Rewards Wallet credits.
4.15.3.3.Gustosfera does not guarantee the availability of any particular use case for the Rewards Wallet, and the Merchant acknowledges that certain transactions may require full or partial payment from the Digital Wallet.
4.15.4.Expiration and Forfeiture
4.15.4.1.Rewards Wallet credits are issued with a fixed validity period as determined by the specific promotion under which they were granted. Upon expiration, unused credits shall be automatically forfeited and will not be reinstated.
4.15.4.2.If the Merchant's account is closed, suspended, or terminated, for any reason, all remaining Rewards Wallet credits shall be immediately forfeited without compensation.
4.15.5.No Liability
4.15.5.1.Gustosfera shall not be held liable for any loss, revocation, or expiration of Rewards Wallet credits, nor does it assume any obligation to compensate the Merchant for unused or forfeited credits.
4.15.5.2.The Merchant acknowledges that Gustosfera may discontinue, modify, or impose new conditions on the Rewards Wallet program at any time, without prior notice.
4.16.Advanced Features & Custom Services
4.16.1.Eligibility & Cumulative Recharge Threshold
4.16.1.1.Advanced Features and Custom Services ("Advanced Services") including but not limited to Customer & Delivery Personnel Applications, Custom Payment Gateway Integrations, SMS API Integration, Third-Party API Integration, Custom Website Themes, Custom Application Design, Chat Support, Custom Domain Linking, and Custom Email Address Systems are offered at Gustosfera's sole discretion and are not guaranteed as part of the Platform's standard Services.
4.16.1.2.Eligibility for Advanced Services requires a Cumulative Recharge of at least USD $2,500 in the Main Wallet, as defined in Section 2.16, unless a different threshold is specified for a particular feature on the Gustosfera website (gustosfera.com) or Merchant dashboard. This threshold represents a minimum usage level of the Platform to qualify for consideration and serves as a safeguard against spam and abuse, not as payment for or entitlement to any Advanced Service.
4.16.1.3.Even upon meeting the Cumulative Recharge threshold, the Merchant has no contractual right or entitlement to any Advanced Service. Gustosfera retains the final authority to approve, deny, or revoke access to these features, with or without notice, based on operational, technical, or discretionary factors.
4.16.2.Details and Availability
4.16.2.1.Specific details of available Advanced Services, including feature descriptions, eligibility criteria, and any additional thresholds, shall be published on gustosfera.com and the Merchant dashboard, which are equally binding as these Terms. In case of discrepancy, these Terms prevail. The Merchant is responsible for regularly reviewing these sources for updates.
4.16.2.2.Gustosfera may modify, suspend, or discontinue any Advanced Service at its sole discretion with thirty (30) days' prior notice via email or the Platform, unless immediate action is required for legal, security, or operational reasons, in which case notice may be provided after the fact.
4.16.3.Additional Provisions
4.16.3.1.Certain Advanced Services may require separate addendums, third-party agreements, or additional costs (e.g., API fees, licensing), which shall be borne solely by the Merchant. Pre-approval from Gustosfera is required for custom development or third-party integrations, subject to feasibility assessments.
4.16.3.2.Trial access to Advanced Services may be granted at Gustosfera's discretion, revocable without notice. No refunds, credits, or compensation shall apply for trial periods or revoked features, regardless of the Merchant's Cumulative Recharge amount.
4.16.3.3.If an Advanced Service is enabled and later revoked (e.g., due to non-compliance with Section 13 or insufficient Wallet balance), the Merchant shall not be entitled to reinstatement, even if eligibility criteria are subsequently met again, unless expressly approved by Gustosfera.
4.16.3.4.Gustosfera reserves the right to monitor the usage of Advanced Services (e.g., API calls, chat support interactions) to ensure compliance with these Terms and maintain Platform stability. Usage data collected shall remain Gustosfera's property and may be used in aggregate form for operational improvements or marketing, provided it does not identify the Merchant without consent. The Merchant waives any claim to ownership or compensation for such data.
4.16.3.5.Advanced Services reliant on third-party providers (e.g., payment gateways, SMS APIs) are subject to the availability, terms, and performance of those providers. Gustosfera shall not be liable for interruptions, limitations, or additional costs arising from third-party service failures or changes, and the Merchant shall resolve such issues directly with the third party.
4.16.3.6.Gustosfera may establish higher or lower Cumulative Recharge thresholds for specific Advanced Services (e.g., USD $5,000 for Custom Application Design), published on gustosfera.com or the Merchant dashboard. These thresholds supersede the default USD $2,500 requirement for the specified feature only, and eligibility remains subject to Gustosfera's discretion.
4.16.3.7.If a Platform update renders an Advanced Service obsolete or incompatible (e.g., a new website theme replacing custom themes), Gustosfera may discontinue the feature without liability. Affected Merchants shall be notified within a reasonable period, and no compensation shall be provided for prior Cumulative Recharge amounts or usage.
4.16.3.8.Gustosfera may impose rate limits or usage caps on Advanced Services (e.g., SMS API calls per day) to prevent abuse or excessive resource consumption. Exceeding these limits may result in temporary suspension of the feature, notified to the Merchant via the Platform, with reinstatement at Gustosfera's discretion upon compliance.
4.16.3.9.Onboarding Process: Upon approval of an Advanced Service, the Merchant may be required to complete an onboarding process (e.g., configuration, documentation submission) within a specified timeframe communicated by Gustosfera. Failure to complete onboarding within this period may result in forfeiture of access without refund or credit, at Gustosfera's discretion.
4.16.3.10.The Cumulative Recharge threshold is not a price or fee for Advanced Services; these are offered free of charge unless otherwise specified on gustosfera.com or the Merchant dashboard. Wallet recharges fund standard Services and Operating Modes as per the Merchant's usage under Section 4.5. If Gustosfera introduces an additional cost for an Advanced Service (distinct from third-party costs), a separate addendum shall be provided for the Merchant's review and agreement prior to activation. Absent such an addendum, no additional charges beyond the standard usage-based pricing shall apply.
4.17.Support, Maintenance & Liability
4.17.1.Scope of Support
4.17.1.1.Gustosfera provides support services to assist the Merchant with the use of the Platform, limited to the functionalities offered under the subscribed Services.
4.17.1.2.Support is provided solely for issues related to the Platform and does not cover third-party services, external integrations, or hardware-related issues.
4.17.2.Support Availability
4.17.2.1.Support services are subject to availability and may be provided through designated communication channels such as email, chat, or ticketing systems.
4.17.2.2.Response times may vary based on the nature and severity of the issue. Gustosfera does not guarantee immediate resolution of any support request.
4.17.3.Maintenance & Updates
4.17.3.1.Gustosfera may perform maintenance, updates, or upgrades to the Platform, which may result in temporary service interruptions.
4.17.3.2.Whenever feasible, Gustosfera will make reasonable efforts to notify Merchants in advance of scheduled maintenance. However, emergency maintenance may be conducted without prior notice.
4.17.3.3.Updates, bug fixes, and feature enhancements are provided at Gustosfera's discretion. The Merchant is not entitled to demand specific modifications or improvements.
4.17.4.Merchant Responsibilities
4.17.4.1.The Merchant is responsible for thoroughly testing all applications and related services before making them publicly available to their customers. Any failure resulting from insufficient testing shall be the Merchant's sole responsibility.
4.17.4.2.The Merchant is responsible for providing accurate information when seeking support and must cooperate with Gustosfera's support team to resolve issues.
4.17.4.3.The Merchant must ensure that their devices, network, and software configurations meet the minimum requirements necessary for accessing the Platform.
4.17.5.Limitations & Exclusions
4.17.5.1.Gustosfera reserves the right to refuse support for issues resulting from the Merchant's misuse, unauthorized modifications, or failure to comply with these Terms.
4.17.5.2.Support does not include training, custom development, or any services beyond troubleshooting and resolving operational issues within the Platform's intended use.
4.17.5.3.Gustosfera's employees or representatives shall not engage in any direct communication with the Merchant's customers for any reason. The Merchant is solely responsible for handling all customer inquiries, disputes, and concerns, including but not limited to product delivery, refunds, and service issues. The Merchant may report platform-related issues experienced by their customers to Gustosfera for resolution but must handle all customer interactions independently.
4.17.6.Service Disruptions & Liability
4.17.6.1.Gustosfera shall not be liable for any direct, indirect, incidental, or consequential losses, including but not limited to loss of revenue, business reputation, or data, arising from Platform downtime, service disruptions, maintenance, or any other technical issues.
4.17.6.2.In the event of a verified service disruption lasting more than fifteen (15) consecutive minutes due to an issue solely attributable to Gustosfera, Gustosfera may, at its sole discretion, credit the Merchant's Main Wallet with an amount equivalent to the per-minute rate of the Merchant's active Operating Mode (Business, Display, or Offline) for the duration of disruption. Compensation applies only to single, continuous disruptions, not cumulative shorter outages.
4.17.6.3.The credited amount shall be calculated based on the Business Mode price per minute, strictly limited to the actual duration of the disruption, measured with up-to-the-minute precision. Under no circumstances shall the total compensation exceed the applicable Business Mode charges for the corresponding period. This compensation, if granted, shall be the sole and exclusive remedy available to the Merchant for such disruptions.
4.17.6.4.To claim any compensation for a service disruption, the Merchant must notify Gustosfera in writing within twenty-four (24) hours of the incident, providing detailed information about the interruption and the estimated impact on their business. Gustosfera will conduct a thorough review of the claim, and compensation will only be considered if the disruption is confirmed to have been caused solely by an issue on Gustosfera's side. Compensation will not be granted for disruptions resulting from the Merchant's own technical issues, connectivity problems, third-party service failures, or any other non-Gustosfera-related causes. The final decision regarding the claim, including the determination of eligibility and the amount of compensation, shall be at the sole discretion of Gustosfera and shall be binding on the Merchant.
4.17.6.5.Compensation for service disruptions, if applicable, will only be issued as a credit to the Merchant's Main Wallet and shall not be paid out in cash or any other form of refund.
4.17.6.6.The Merchant acknowledges that unforeseen circumstances such as internet failures, cyberattacks, natural disasters, government actions, or other force majeure events may impact the Platform's availability, and Gustosfera shall not be liable for any loss or damage resulting from such events.
4.18.Website Branding
4.18.1.Whether the Merchant uses a Gustosfera-provided subdomain or a custom domain, their website shall display a small banner and/or text in the footer stating "Powered by Gustosfera," visible to all customers and users, unless the branding requirement is waived as per Section 4.18.2.
4.18.2.The "Powered by Gustosfera" banner and/or text may be hidden upon the Merchant achieving a Cumulative Recharge of USD $1,000 in the Main Wallet, as defined in Section 2.16. This threshold represents a minimum usage level of the Platform and serves as a qualification for consideration, not as payment for or entitlement to branding removal. Gustosfera retains sole discretion to approve or deny the waiver, with or without notice.
4.18.3.The Cumulative Recharge threshold is not a fee for removing the "Powered by Gustosfera" branding; this branding is included as part of the standard Services at no additional cost unless otherwise specified on gustosfera.com or the Merchant dashboard. Wallet recharges fund standard Services and Operating Modes as per the Merchant's usage under Section 4.5. If Gustosfera introduces a specific cost for branding removal (distinct from third-party costs), a separate addendum shall be provided for the Merchant's review and agreement prior to implementation.
4.18.4.Gustosfera reserves the right to reinstate the "Powered by Gustosfera" banner and/or text at its sole discretion, with notice via email or the Platform, if: (a) the Merchant's account is suspended per Section 11.2; (b) the Main Wallet balance remains insufficient to cover active Services for seven (7) consecutive days; or (c) Gustosfera deems it necessary for promotional, legal, or operational purposes.
4.18.5.The Merchant shall not obscure, remove, or alter the "Powered by Gustosfera" branding through technical means (e.g., CSS, scripts) without meeting the Cumulative Recharge threshold and receiving Gustosfera's approval. Any unauthorized attempt to bypass this requirement shall be considered a violation of these Terms, potentially resulting in account suspension per Section 11.2.
4.18.6.Gustosfera may collect analytics data related to the visibility and interaction with the "Powered by Gustosfera" branding (e.g., impressions, clicks) for marketing or operational purposes. Such data shall remain Gustosfera's property and may be used in aggregate form, provided it does not identify the Merchant without consent. The Merchant waives any claim to ownership or compensation for this data.
4.18.7.Gustosfera reserves the right to modify the design, wording, or placement of the "Powered by Gustosfera" banner and/or text (e.g., size, color, location on the page) with thirty (30) days' prior notice via email or the Platform, unless immediate changes are required for legal or technical reasons, in which case notice may follow the update.
4.18.8.If the branding waiver is granted and later revoked (e.g., per Section 4.18.4), the Merchant shall not be entitled to automatic reinstatement of the waiver, even if the Cumulative Recharge threshold is maintained or exceeded again, unless expressly re-approved by Gustosfera.
4.18.9.In Offline Mode, the "Powered by Gustosfera" branding may remain visible on the static offline banner or text, regardless of the Merchant's Cumulative Recharge status, unless otherwise waived by Gustosfera. This ensures Platform attribution during periods of inactivity.
4.18.10.The Merchant's website content, when displayed alongside the "Powered by Gustosfera" branding, must not violate Section 13 (Prohibited Activities) or infringe third-party rights (e.g., trademarks). Gustosfera may reinstate or enforce branding visibility if the Merchant's content risks reputational or legal harm to Gustosfera, as determined in its sole discretion.
5. Services Not Included
5.1.Gustosfera shall not be responsible for providing, nor shall it be obligated to provide, the following services or any services of a similar nature:
5.2.Customer Interaction & Support: Gustosfera does not engage in direct communication with the Merchant's customers, delivery personnel, or any third parties on behalf of the Merchant. The Merchant is solely responsible for handling all inquiries, disputes, refunds, and any other customer-related interactions.
5.3.Third-Party Fees & Costs: The Merchant is responsible for any costs associated with third-party services, including but not limited to payment gateway processing fees, SMS or email service charges, domain registration fees, and any other expenses arising from external integrations. Gustosfera does not cover these costs unless explicitly stated otherwise.
5.4.Third-Party API Integrations: Any integration of third-party services beyond those natively supported by Gustosfera must be discussed and agreed upon separately. Gustosfera is not responsible for the costs, availability, functionality, or continued operation of such integrations.
5.5.Custom Development Beyond Scope: Any custom software development, modifications, or enhancements not explicitly covered under "Advanced Features & Custom Services" shall not be included. Any such requests may require additional agreements, charges, and feasibility assessments.
5.6.Publishing Fees & Compliance: Gustosfera does not cover costs related to publishing Merchant applications on third-party platforms (e.g., Google Play Store, Apple App Store) or ensure compliance with such platforms' policies. The Merchant bears full responsibility for any requirements, approvals, or fees related to such listings.
5.7.Marketing & Content Creation: Gustosfera does not provide branding, digital marketing, advertisement campaigns, or content creation services (e.g., images, banners, videos). The Merchant is responsible for their store's branding and promotional materials.
5.8.Business Operations & Logistics: Gustosfera does not handle order fulfillment, delivery logistics, or inventory management beyond the software tools provided. The Merchant is responsible for managing and overseeing all aspects of their business operations.
5.9.Legal & Regulatory Compliance: While Gustosfera provides software tools to facilitate business operations, it does not assume responsibility for the Merchant's compliance with local, national, or international regulations, including but not limited to tax obligations, data protection laws, and business licensing requirements.
5.10.Training & Non-Platform Support: Gustosfera does not provide training or educational support unrelated to the usage of its platform. Any training for the Merchant's employees or third parties falls outside the scope of included services.
5.11.Data Recovery & Backup Responsibility: Gustosfera does not guarantee data recovery in case of accidental deletion, data corruption, or other data loss events. The Merchant is responsible for maintaining backups of their critical business data.
5.12.Hardware & Network Infrastructure: Gustosfera does not provide or maintain any physical devices, network infrastructure, or internet connectivity for the Merchant. The Merchant is responsible for ensuring a stable internet connection and required hardware for accessing and utilizing the platform.
5.13.Multi-Tenant Customization Requests: While Gustosfera provides configurable settings within the platform, it does not offer exclusive or highly customized features that may impact the multi-tenant structure of the system unless explicitly agreed upon under an additional agreement.
5.14.Security Responsibilities Beyond Platform Controls: Gustosfera implements industry-standard security measures for its platform, but it is not responsible for security breaches or vulnerabilities resulting from the Merchant's actions, such as weak passwords, sharing login credentials, or third-party integrations.
5.15.Financial & Tax Reporting: While Gustosfera may provide sales reports and analytics, it does not offer financial advisory services, tax calculations, or regulatory filings. The Merchant is responsible for managing their own tax obligations and financial reporting.
5.16.Cross-Border Trade Compliance: If the Merchant engages in international transactions, Gustosfera is not responsible for compliance with import/export laws, tariffs, or any cross-border transaction regulations. The Merchant assumes full responsibility for adhering to such requirements.
5.17.Legal Assistance or Dispute Resolution Services: Gustosfera does not provide legal advisory services, nor does it mediate disputes between the Merchant and their customers, delivery personnel, or any third parties.
5.18.Account Recovery for Unauthorized Access: If a Merchant's account is compromised due to negligence (e.g., sharing passwords, phishing scams), Gustosfera will not be liable for any losses incurred. Account recovery assistance will be provided on a best-effort basis, but Gustosfera does not guarantee restoration of lost data or funds.
5.19.Changes Due to Regulatory or Operational Requirements: Gustosfera reserves the right to modify or discontinue certain features or services as required by law, regulatory changes, or operational decisions. The Merchant shall not be entitled to compensation for such changes.
5.20.
6. Data Ownership
6.1.Ownership of Merchant Data
6.1.1.The Merchant acknowledges and agrees that all data generated through the use of the Services, including but not limited to order history, customer information, payment transactions, product listings, and business-related content, shall remain the sole property of the Merchant.
6.1.2.However, Gustosfera shall not be responsible for any loss, corruption, or unauthorized access to such data resulting from:
6.1.2.1.the Merchant's actions or omissions,
6.1.2.2.third-party integrations or service providers,
6.1.2.3.security breaches, cyberattacks, or other malicious activities, or
6.1.2.4.any factors beyond Gustosfera's reasonable control.
6.1.3.Upon termination of the Merchant's account, Gustosfera may, at its sole discretion, retain the Merchant's data for five (5) days from the termination date, providing it in a standard electronic format via a download link. The Merchant must retrieve the data within this period. After five (5) days, Gustosfera may permanently delete all such data without liability, including for technical issues preventing access.
6.2.Data Access Restriction Due to Outstanding Balance
6.2.1.If the Merchant's Main Wallet balance is negative (below zero MicroDollars after all charges) at the time of account termination or closure, Gustosfera may withhold access to, or copies of, the Merchant's data until all amounts are settled. Disputes over the balance shall be resolved per Section 16. The Merchant expressly acknowledges that:
6.2.1.1.Gustosfera retains the sole discretion to withhold data if any amount remains unpaid at the time of termination.
6.2.1.2.Access to data shall only be provided if the Merchant fully settles all outstanding amounts prior to the termination date.
6.2.1.3.Gustosfera shall not be liable for any loss or damages suffered by the Merchant as a result of such data being withheld or deleted due to an unpaid balance.
6.3.Limited License for Marketing and Promotion
6.3.1.By utilizing the Services, the Merchant grants Gustosfera a non-exclusive, non-transferable, revocable license to use, display, and promote the Merchant's content, including but not limited to images, videos, and product descriptions, for marketing, promotional, and advertising purposes.
6.3.2.The Merchant may revoke this license by providing written notice to Gustosfera, upon which Gustosfera shall cease using the Merchant's content within thirty (30) days, except for content already incorporated into active marketing campaigns, which may continue until their scheduled completion.
6.4.No Ownership Rights Over Gustosfera's Platform & Software
6.4.1.The Merchant acknowledges and agrees that all intellectual property rights in and to the Platform, Software, Source Code, Server Infrastructure, Database Structures, Proprietary Algorithms, and any related technologies shall remain the exclusive property of Gustosfera. The Merchant shall have no rights, title, or interest in any part of the Platform, except for the limited right to access and use the Services strictly as permitted under this Agreement.
6.4.2.Gustosfera provides access to the Platform on a pay-per-usage basis, with fees determined by the selected Operating Mode and Coverage Level ("Modes-based Fee Structure"). The Merchant understands and agrees that:
6.4.2.1.No matter how long the Merchant continues to use the Services or pays for access, such usage does not grant any ownership rights over the Platform, its software, or any related components. The Merchant's access is strictly a lease or rental arrangement that is contingent upon ongoing payment and compliance with this Agreement.
6.4.2.2.The payment of Modes-based fees solely grants the Merchant a temporary, non-exclusive, and non-transferable right to use the Services during the active term. Such payments do not confer any rights of ownership, equity, or proprietary interest in the Platform, its software, or any of Gustosfera's intellectual property.
6.4.3.The Merchant is strictly prohibited from:
6.4.3.1.odifying, decompiling, reverse engineering, disassembling, or attempting to derive the source code or underlying structure of any part of the Platform.
6.4.3.2.opying, sublicensing, reselling, transferring, or commercially exploiting the Platform, in whole or in part, without the prior written consent of Gustosfera.
6.4.3.3.sing the Platform in a manner that infringes upon Gustosfera's intellectual property rights or any applicable laws.
6.4.4.In the event of non-payment, termination, or violation of this Agreement, the Merchant's access to the Platform shall be revoked immediately, and no refunds or compensation shall be provided for any unused services.
6.4.5.Any attempt to claim ownership, create derivative works, or otherwise misrepresent the Merchant's relationship with Gustosfera shall constitute a material breach of this Agreement, entitling Gustosfera to immediately terminate all access to the Services and pursue any available legal remedies.
6.4.6.This provision shall survive termination of this Agreement.
6.5.Merchant's Responsibility for Third-Party Data Compliance
6.5.1.The Merchant acknowledges and agrees that they are solely responsible for ensuring compliance with all applicable data protection and privacy laws concerning any customer, business, or transaction-related data collected, stored, or processed through the Platform.
6.5.2.Gustosfera shall not be liable for:
6.5.2.1.Any claims, penalties, or liabilities arising from the Merchant's failure to comply with applicable data protection laws, including but not limited to GDPR, CCPA, or any other jurisdiction-specific regulations.
6.5.2.2.Any unauthorized disclosure, misuse, or mishandling of customer data by the Merchant or its affiliates.
6.5.2.3.Any legal action or regulatory enforcement related to the Merchant's data collection or processing practices.
6.6.Legal Obligations & Compliance with Data Requests
6.6.1.Gustosfera may be required to provide access to certain Merchant data in response to valid legal requests, regulatory requirements, or law enforcement inquiries. The Merchant acknowledges that such disclosures:
6.6.1.1.Shall not be deemed a breach of this Agreement.
6.6.1.2.May be made without prior notice if required by law or governmental authority.
6.6.1.3.Shall not entitle the Merchant to any compensation, refund, or claim against Gustosfera.
6.7.Survival of Provisions
6.7.1.The provisions set forth in this Section ("Data Ownership") shall survive termination of this Agreement.
7. Account Closure and Termination
7.1.Termination by the Merchant
7.1.1.The Merchant may request to terminate their account by providing written notice to Gustosfera at least ten (10) days before the intended termination date. Such notice must be submitted either:
7.1.2.Through the designated cancellation option available within the Merchant's account settings on the Platform; or
7.1.3.Via email to Gustosfera's designated contact, as provided on the website.
7.1.4.Termination requests that fail to follow the prescribed procedure shall be deemed invalid, and the Merchant shall remain liable for any applicable fees until proper notice is given.
7.2.Termination by Gustosfera
7.2.1.Gustosfera reserves the right to terminate or suspend a Merchant's account at its sole discretion, with or without cause, and without obligation to provide a reason. For terminations without cause, Gustosfera may, at its discretion, provide ten (10) days' notice, unless immediate action is required for operational, legal, or security reasons. Such termination may occur under, but is not limited to, the following circumstances:
7.2.1.1.Violation of these Terms or any applicable law, including but not limited to breaches of Sections 34 (Customer Interactions and Responsibilities), 35 (Customer Terms of Use Enforcement), 36 (Customer Payment and Refund Obligations), 37 (Merchant Representations and Warranties), and 39 (Limitation on Merchant's Right to Publicize Relationship);
7.2.1.2.Non-payment of any outstanding fees or failure to maintain the required annual minimum balance;
7.2.1.3.Misuse, abuse, or unauthorized exploitation of the Platform or Services;
7.2.1.4.Fraudulent activities or actions deemed harmful to Gustosfera's business integrity;
7.2.1.5.Technical or operational reasons that prevent continued service availability to the Merchant.
7.2.1.6.Failure to comply with obligations related to Customer actions or data as outlined in Sections 34-36;
7.2.1.7.Misrepresentation or unauthorized use of Gustosfera's and/or it's any of associated brands including but not limited to GusKart.com and GusCart.com, branding or relationship as per Section 39.
7.2.2.In such cases, the Merchant shall not be entitled to any refunds, damages, or compensation for any prepaid amounts or unused Services.
7.3.Effects of Termination
7.3.1.Upon account termination, the following provisions shall apply:
7.3.1.1.Cessation of Services & Platform Access
7.3.1.2.The Merchant's access to the Platform, including all associated Services and features, shall be revoked immediately upon the termination effective date.
7.3.1.3.Gustosfera shall cease all support, updates, and maintenance for the Merchant's account.
7.3.1.4.Any custom developments or integrations provided as part of the Services will no longer be accessible.
7.3.2.Financial Obligations & Outstanding Fees
7.3.2.1.All fees paid to Gustosfera, including any Modes-based charges, are non-refundable.
7.3.2.2.The Merchant remains liable for any unpaid fees incurred up to the termination date, which must be settled in accordance with the payment provisions of this Agreement.
7.3.2.3.If there is any outstanding balance at the time of termination, Gustosfera reserves the right to withhold any data transfer (as outlined in Section Data Ownership) until the balance is fully settled within five (5) days from termination.
7.3.3.Data Handling & Retention
7.3.3.1.If the Merchant's account has a negative balance upon termination, Gustosfera retains full ownership of all data generated through the Merchant's use of the Platform. In such cases, Gustosfera may, at its sole discretion, decline to provide the Merchant with any data.
7.3.3.2.If all outstanding fees are cleared within five (5) days, Gustosfera shall provide the Merchant with a downloadable data archive containing relevant transaction and customer information, subject to any applicable data transfer conditions.
7.3.3.3.The Merchant must download the data within 72 hours of receiving the data transfer link. Gustosfera shall not be responsible for any data loss or failure to access the provided archive after this period.
7.3.3.4.Gustosfera reserves the right to retain certain data as required by law, regulatory obligations, or for internal record-keeping purposes.
7.3.4.Liability & Dispute Resolution
7.3.4.1.Termination of the account shall not release either party from obligations or liabilities incurred prior to termination, including any outstanding payments or contractual obligations, as well as liabilities arising from Customer-related breaches under Sections 34-36 or misrepresentations under Section 37.
7.3.4.2.The Merchant acknowledges that Gustosfera shall bear no liability for any disputes arising from or related to the termination, including those involving third parties, customers, or other merchants.
7.3.4.3.Any attempts to circumvent termination by creating a new account or continuing to use Gustosfera's Services under a different identity shall constitute a material breach of this Agreement, entitling Gustosfera to pursue legal action and financial recovery for any losses incurred.
7.3.5.This section shall survive termination of this Agreement.
8. Merchant's Financial, Legal & Business Responsibilities
8.1.No Revenue-Based Commission
8.1.1.Gustosfera does not impose any commission on the revenue generated by the Merchant through the Platform. Instead, the Merchant shall be subject to a fee structure based on operational Modes, as selected by the Merchant. The applicable fees, payable by the Merchant, shall be determined in accordance with Gustosfera's prevailing pricing policies, which may be revised at Gustosfera's sole discretion.
8.2.Non-Exclusivity & Right to Serve Competitors
8.2.1.This Agreement does not establish any exclusive relationship between the Parties. Gustosfera retains the unrestricted right to provide its services to any third parties, including businesses operating in direct competition with the Merchant.
8.2.2.The Merchant acknowledges and agrees that Gustosfera's services are available on a non-exclusive basis and shall not assert any claim to exclusivity or attempt to restrict Gustosfera from engaging with other Merchants, whether directly or indirectly.
8.3.Independent Business Operations
8.3.1.The Merchant shall have full autonomy over their business operations and shall be solely responsible for:
8.3.1.1.Establishing pricing models, discounts, and promotional strategies.
8.3.1.2.Managing product or service availability, inventory, and stock levels.
8.3.1.3.Handling customer service, including disputes, refunds, and claims, as further detailed in Sections 34 (Customer Interactions and Responsibilities) and 36 (Customer Payment and Refund Obligations).
8.3.1.4.Ensuring the proper fulfillment of orders and deliveries in a timely manner.
8.3.1.5.Compliance with all applicable laws, including consumer protection and business licensing requirements.
8.3.1.6.Enforcing Customer terms of use and managing Customer conduct on the Platform per Section 35.
8.3.1.7.Ensuring the accuracy of representations and compliance with publicity restrictions under Sections 37 and 39.
8.3.2.Gustosfera shall have no involvement in the Merchant's daily operations and shall bear no liability for any deficiencies, operational failures, or financial losses suffered by the Merchant.
8.4.Compliance with Laws & Tax Obligations
8.4.1.The Merchant shall be solely responsible for complying with all applicable laws, regulations, and legal formalities governing their business activities, including but not limited to:
8.4.1.1.Tax obligations (e.g., GST, VAT), data protection laws (e.g., GDPR, CCPA), consumer protection laws, and international trade regulations in their jurisdiction and any jurisdiction where their customers are located.
8.4.1.2.The timely payment of all applicable taxes on revenue, sales, or income.
8.4.1.3.The acquisition and maintenance of all legally required business licenses, permits, or approvals.
8.4.1.4.Compliance with applicable health, safety, and e-commerce regulations within their jurisdiction.
8.4.2.Gustosfera shall not be liable for any failure by the Merchant to comply with such laws, nor shall it be responsible for any penalties, fines, or legal actions arising from the Merchant's non-compliance.
8.5.Data Usage Responsibility
8.5.1.If the Merchant collects, stores, or processes any customer data through the Platform, they shall bear full responsibility for compliance with applicable data protection and privacy laws, including but not limited to:
8.5.1.1.The General Data Protection Regulation (GDPR).
8.5.1.2.The California Consumer Privacy Act (CCPA).
8.5.1.3.Any other data protection legislation governing the jurisdiction in which the Merchant operates.
8.5.2.Gustosfera does not assume any responsibility for the collection, storage, or misuse of customer data by the Merchant, nor shall it be held liable for any unauthorized access, data breaches, or privacy violations arising from the Merchant's activities.
8.6.Intellectual Property Restrictions
8.6.1.All intellectual property rights associated with the Platform, including but not limited to trademarks, copyrights, proprietary software, designs, and trade secrets, shall remain the exclusive property of Gustosfera.
8.6.2.The Merchant shall not, under any circumstances, use, reproduce, distribute, or modify Gustosfera's brand name, trademarks, copyrighted materials, or proprietary software without the prior express written consent of Gustosfera.
8.6.3.Any unauthorized use of Gustosfera's intellectual property shall constitute a material breach of this Agreement, entitling Gustosfera to pursue all available legal remedies, including immediate termination of the Merchant's access to the Platform and potential claims for damages.
8.7.Prohibited Activities & Operational Restrictions
8.7.1.The Merchant shall not use the Platform for any unlawful, unethical, or deceptive business practices, including but not limited to:
8.7.1.1.The sale of prohibited or illegal goods and services.
8.7.1.2.The engagement in fraudulent, misleading, or deceptive marketing activities.
8.7.1.3.Conducting business in a manner that violates consumer protection laws or regulations.
8.7.1.4.Any activity that could result in harm to Gustosfera's reputation, business interests, or legal standing.
8.7.2.In the event that the Merchant is found to be in violation of any of the above prohibitions, Gustosfera reserves the right to suspend or terminate the Merchant's access to the Platform without prior notice, in addition to pursuing any other legal remedies available.
8.8.Termination for Breach of Financial or Legal Obligations
8.8.1.Gustosfera reserves the right to suspend or permanently terminate the Merchant's access to the Platform in the event of:
8.8.1.1.Non-payment or default on any outstanding financial obligations.
8.8.1.2.Violation of any applicable law, regulation, or legal requirement.
8.8.1.3.Engagement in any fraudulent or illegal activity using the Platform.
8.8.1.4.Actions that, in Gustosfera's sole discretion, negatively impact its business, reputation, or legal compliance.
8.8.2.Upon termination, all outstanding payments shall become immediately due and payable. The Merchant shall have no right to claim any refund, reimbursement, or compensation for the termination of services.
8.9.No Obligation to Facilitate Payments or Collections
8.9.1.Gustosfera does not act as a payment processor and does not assume responsibility for the collection, processing, or settlement of payments made to the Merchant by their customers, even where Gustosfera facilitates integration of a third-party payment gateway at the Merchant's request.
8.9.2.The Merchant shall be solely responsible for ensuring that all payments are properly processed, including handling chargebacks, disputes, and fraud prevention measures.
8.9.3.If Gustosfera facilitates any third-party payment gateway integrations, such integrations shall be subject to the independent terms and conditions of the respective payment service providers.
8.9.4.Gustosfera shall bear no liability for any failed, disputed, or fraudulent transactions processed through third-party payment systems.
8.10.No Financial Assistance or Credit Facilities
8.10.1.Gustosfera shall not provide any form of financial assistance, credit extension, or loan to the Merchant.
8.10.2.The Merchant expressly acknowledges that they shall bear sole responsibility for funding and sustaining their business operations.
8.11.Changes to Fees & Pricing Models
8.11.1.Gustosfera reserves the right, at its sole discretion, to modify the Modes-based fee structure, pricing models, and associated charges.
8.11.2.The Merchant shall be notified of any pricing modifications, and continued use of the Platform following such notification shall constitute acceptance of the revised pricing.
8.11.3.Gustosfera shall not be liable for any financial loss or inconvenience resulting from changes to its pricing structure.
9. Payment Terms & Conditions
9.1.Authorized Payment Methods
9.1.1.The Merchant agrees to make all payments due to Gustosfera exclusively through the following authorized payment methods:
9.1.1.1.Online Payment Gateway: Payments shall be made through the designated payment gateway available on the Gustosfera website or Merchant Dashboard.
9.1.1.2.Bank Transfers (Domestic Transactions): Payments may be made via NEFT (National Electronic Funds Transfer), IMPS (Immediate Payment Service), RTGS (Real-Time Gross Settlement), or UPI (Unified Payments Interface) to Gustosfera's designated bank account.
9.1.1.3.International Transactions: For payments originating outside the Merchant's country of registration, the Merchant shall remit funds via SWIFT or other internationally recognized bank transfer methods to Gustosfera's designated international account.
9.2.Prohibition on Direct & Unofficial Payments
9.2.1.The Merchant shall not make payments in cash or via any unauthorized third-party payment methods.
9.2.2.Gustosfera does not authorize any individual, agent, or representative to collect payments on its behalf. Any such request or solicitation must be reported to Gustosfera immediately.
9.2.3.Payments made through unauthorized channels shall not be recognized by Gustosfera, and the Merchant shall bear all associated risks and liabilities.
9.3.Transaction Costs & Fees
9.3.1.The Merchant shall be solely responsible for all transaction fees, banking charges, and currency conversion costs associated with payments made to Gustosfera.
9.3.2.In the event of a foreign exchange conversion, the Merchant shall bear any fluctuations in exchange rates and ensure that the full invoiced amount is received by Gustosfera.
9.3.3.Any fees related to banking delays, incorrect transactions, or refund processing shall be borne by the Merchant.
9.4.Payment Obligations & Timeliness
9.4.1.The Merchant is responsible for ensuring that all usage-based charges, platform usage charges, and any additional service fees are paid on or before the due date specified in the applicable invoice or agreement.
9.4.2.Delayed payments shall not exempt the Merchant from their financial obligations, and any issues arising from banking delays shall remain the sole responsibility of the Merchant.
9.5.Consequences of Late or Non-Payment
9.5.1.In the event of delayed or failed payments , including those arising from Customer chargebacks or refund disputes as per Section 36 (Customer Payment and Refund Obligations), Gustosfera reserves the right to enforce the following measures after a seven (7) days grace period from the due date:
9.5.1.1.Suspension of Services: Gustosfera may restrict or suspend the Merchant's access to the Platform until outstanding payments are settled.
9.5.1.2.Service Termination: If payment remains outstanding beyond fourteen (14) days, Gustosfera may permanently terminate the Merchant's access to the Platform without further notice.
9.5.1.3.Late Payment Charges: Gustosfera reserves the right to impose penalty fees or interest charges on overdue amounts as specified in the pricing policy or applicable laws.
9.5.1.4.Debt Recovery Measures: Gustosfera may initiate legal proceedings or engage third-party collection agencies to recover outstanding dues, and the Merchant shall be liable for all associated costs.
9.6.Payment Confirmation & Disputes
9.6.1.Upon successful payment, the Merchant shall receive an official payment confirmation via email or the Merchant Dashboard.
9.6.2.If the Merchant identifies any discrepancy or dispute related to a payment, they must notify Gustosfera in writing within seven (7) days of the transaction. Failure to raise a dispute within this period shall be deemed acceptance of the payment status.
9.7.Modifications to Payment Terms
9.7.1.Gustosfera reserves the right to modify payment methods, transaction requirements, and fee structures at its sole discretion.
9.7.2.Any changes to the payment terms shall be notified to the Merchant through the official Gustosfera website, email, or other formal communication channels.
9.7.3.Continued use of the Platform following such modifications shall constitute the Merchant's acceptance of the updated payment terms.
9.8.Compliance with Legal & Financial Regulations
9.8.1.The Merchant agrees to comply with all applicable financial regulations, anti-money laundering (AML) laws, and taxation requirements in their jurisdiction.
9.8.2.Gustosfera reserves the right to suspend or terminate a Merchant's account if any suspicious, fraudulent, or illegal transactions are detected.
9.8.3.Gustosfera may, at its discretion, request additional verification documents (such as tax registration details or business licenses) to ensure compliance with financial regulations.
10. Taxes & Regulatory Compliance
10.1.Responsibility for Taxes
10.1.1.The Merchant acknowledges and agrees that they are solely responsible for any and all taxes, duties, levies, or similar charges imposed by governmental authorities in connection with their use of the Gustosfera Platform, including but not limited to Goods and Services Tax (GST), Value Added Tax (VAT), Sales Tax, Income Tax, withholding taxes, and any obligations under international tax treaties applicable to their operations or customer transactions.
10.1.2.Any such taxes shall be borne by the Merchant and shall be paid in addition to any applicable fees or charges for accessing and using the Gustosfera Platform.
10.2.Tax Collection & Remittance Obligations
10.2.1.The Merchant is solely responsible for:
10.2.1.1. Calculating, collecting, and remitting any applicable taxes to the relevant tax authorities as per their jurisdiction's tax laws.
10.2.1.2. Ensuring compliance with all tax registration, reporting, and payment obligations applicable to their business.
10.2.1.3. Providing accurate tax details (such as GST/VAT registration numbers) to Gustosfera if required.
10.2.2.Gustosfera does not collect or remit taxes on behalf of the Merchant unless legally required to do so in a specific jurisdiction.
10.3.Invoicing & Documentation
10.3.1.Gustosfera shall provide the Merchant with invoices, payment receipts, and other necessary documentation to facilitate accurate tax calculation and compliance.
10.3.2.The Merchant is responsible for maintaining proper records of all tax-related transactions and for providing the necessary filings as per regulatory requirements.
10.4.Indemnification & Liability for Non-Compliance
10.4.1.The Merchant agrees to indemnify and hold Gustosfera harmless from any claims, penalties, fines, or liabilities resulting from:
10.4.2.Their failure to collect, report, or remit applicable taxes.
10.4.3.Non-compliance with any local, state, federal, or international tax laws.
10.4.4.Any disputes or audits initiated by tax authorities concerning their business operations.
10.5.Changes in Tax Regulations
10.5.1.In the event of any change in tax laws, regulations, or applicable tax rates, Gustosfera will notify the Merchant in a timely manner.
10.5.2.The Merchant shall be responsible for making any necessary adjustments to their tax payments or financial arrangements to reflect such changes.
11. Payment Gateway Integration
11.1.Merchant's Responsibility for Payment Gateway Registration
11.1.1.The Merchant acknowledges and agrees that it shall be solely responsible for selecting, registering, and maintaining an account with a third-party Payment Gateway service provider to facilitate transactions conducted through the Gustosfera Platform.
11.1.2.Gustosfera shall, upon request, provide technical assistance to integrate the selected Payment Gateway into the Platform. However, all costs associated with such integration, including but not limited to:
11.1.2.1. etup fees,
11.1.2.2. ransaction fees,
11.1.2.3. aintenance fees,
11.1.3.shall be solely borne by the Merchant.
11.2.Limitation of Liability for Payment Disputes and Processing Errors
11.2.1.The Merchant expressly acknowledges that Gustosfera shall not be liable for any disputes, claims, or losses arising from transactions processed through the Payment Gateway, including but not limited to those detailed in Section 36 (Customer Payment and Refund Obligations), such as:
11.2.1.1.Processing errors, payment failures, or technical malfunctions of the Payment Gateway.
11.2.1.2.nauthorized transactions, chargebacks, fraudulent activities, or financial losses incurred by the Merchant or its customers, as further outlined in Section 36.3 (Fraudulent Customer Transactions).
11.2.1.3.Disputes between the Merchant and its customers relating to payments, refunds, service fulfillment, or pricing discrepancies.
11.2.2.The Merchant shall be solely responsible for addressing and resolving all disputes, claims, or inquiries raised by its customers in relation to transactions conducted through the Payment Gateway.
11.3.Compliance with Payment Gateway Terms and Regulatory Requirements
11.3.1.The Merchant warrants and represents that it shall fully comply with all applicable local and international laws, regulations, and the terms and conditions imposed by the selected Payment Gateway service provider, including but not limited to Payment Card Industry Data Security Standards (PCI-DSS), the EU Payment Services Directive (PSD2), and any anti-money laundering (AML) or know-your-customer (KYC) requirements in their jurisdiction or the customer's jurisdiction.
11.3.2.Gustosfera shall not be responsible for any fines, penalties, legal claims, or regulatory actions resulting from:
11.3.2.1.The Merchant's failure to comply with applicable financial regulations;
11.3.2.2.he Merchant's violation of the Payment Gateway provider's terms of service;
11.3.2.3.Any fraudulent, illegal, or prohibited transactions conducted by the Merchant or its customers.
11.3.3.The Merchant agrees to indemnify and hold harmless Gustosfera from any claims, liabilities, losses, or damages arising from its non-compliance with the provisions of this section.
11.4.Suspension or Termination of Payment Gateway Connection
11.4.1.Gustosfera reserves the right, at its sole discretion, to suspend or terminate the Payment Gateway connection without prior notice in the event that:
11.4.1.1.The Merchant fails to comply with this Agreement or with the terms and conditions of the Payment Gateway service provider;
11.4.1.2.The Merchant engages in illegal, deceptive, fraudulent, or unethical business practices;
11.4.1.3.The Merchant's activities result in reputational damage, financial risk, or regulatory scrutiny for Gustosfera.
11.4.2.In the event of suspension or termination under this clause, the Merchant shall have no claim or recourse against Gustosfera, and all liabilities arising from such suspension or termination shall rest solely with the Merchant.
11.5.Access Credentials and Payment Data Security
11.5.1.The Merchant shall provide Gustosfera with all necessary technical details and access credentials required for Payment Gateway integration and shall ensure that such credentials are accurate, up-to-date, and securely maintained.
11.5.2.The Merchant shall be solely responsible for ensuring the security, confidentiality, and integrity of payment-related data processed through the Payment Gateway and shall comply with all applicable data protection and financial security regulations, including but not limited to PCI-DSS, GDPR, or any other relevant laws.
11.6.No Control Over Funds Processed Through Payment Gateway
11.6.1.The Merchant acknowledges and agrees that:
11.6.1.1.Gustosfera shall not, at any time, have access to, control over, or ownership of funds processed through the Payment Gateway.
11.6.1.2.Gustosfera is not liable for any errors, delays, or disputes concerning the Merchant's receipt, withdrawal, or settlement of funds.
11.6.1.3.All financial transactions conducted between the Merchant and its customers shall be the sole responsibility of the Merchant, and Gustosfera shall bear no liability whatsoever in relation thereto.
11.6.2.The Merchant shall indemnify and hold Gustosfera harmless against any claims, losses, damages, or legal proceedings arising from the processing, failure, or dispute of payments made through the Payment Gateway.
12. Restriction on Transfer, Sub-Licensing, and Unauthorized Use
12.1.No Ownership Rights
12.1.1.The Merchant acknowledges and agrees that its use of the Gustosfera Platform is granted exclusively on a subscription or lease basis and does not constitute ownership, proprietary rights, or any form of permanent entitlement to the Platform, its software, source code, or any associated intellectual property.
12.1.2.The Merchant shall not claim ownership or any proprietary interest in the Platform, nor shall they represent to any third party that they possess rights beyond those explicitly granted under this Agreement.
12.2.Prohibition on Renting, Leasing, or Sub-Licensing
12.2.1.The Merchant shall not rent, lease, sublicense, transfer, distribute, or otherwise make the Platform available to any third party, whether for commercial gain or otherwise, without the prior express written consent of Gustosfera.
12.2.2.Any attempt to engage in such activities, whether directly or indirectly, shall constitute a material breach of this Agreement and may result in immediate termination of the Merchant's access to the Platform without refund or compensation.
12.3.Restriction on Unauthorized Commercial Use
12.3.1.The Merchant shall not exploit the Platform in a manner not expressly authorized by Gustosfera, including but not limited to:
12.3.1.1.Offering unauthorized third-party access to the Platform;
12.3.1.2.Using the Platform as part of a white-label service without approval;
12.3.1.3.Integrating the Platform into any unauthorized commercial solutions for resale or redistribution;
12.3.1.4.Enabling or facilitating multiple businesses to operate under a single subscription without prior written approval.
12.3.2.The Merchant shall not modify, reverse-engineer, decompile, disassemble, or create derivative works based on the Platform, its software, or any associated components. Any such activity shall constitute a material breach of this Agreement and may subject the Merchant to legal action for intellectual property infringement.
12.4.Consequences of Violation
12.4.1.In the event of a breach of any of the prohibitions set forth in this section, Gustosfera reserves the right, at its sole discretion, to:
12.4.1.1.Immediately suspend or terminate the Merchant's access to the Platform without prior notice;
12.4.1.2.Pursue legal action for damages arising from the unauthorized use, distribution, or commercialization of the Platform;
12.4.1.3.Deny any request for a refund or compensation, regardless of the Merchant's prior payments or remaining subscription period.
12.4.2.The Merchant shall indemnify and hold Gustosfera harmless against any claims, damages, liabilities, or losses incurred due to its unauthorized use, distribution, or transfer of the Platform.
12.5.No Waiver of Enforcement Rights
12.5.1.Gustosfera's failure to enforce any of the restrictions outlined in this section shall not constitute a waiver of its right to do so at any time in the future. Any leniency or exception granted shall be at the sole discretion of Gustosfera and shall not be interpreted as a modification of this Agreement.
13. Acceptable Use Policy
13.1.Permissible Use and Account Scope
13.1.1.The Merchant acknowledges and agrees that each account registered on the Platform is intended for use by a single local store establishment. The Merchant shall not use a single account to manage, operate, or conduct transactions for multiple business locations, branches, franchises, or entities, whether owned by the Merchant or any third party.
13.1.2.If the Merchant operates multiple locations or business entities, they must register a separate account for each establishment, subject to Gustosfera's approval and applicable terms.
13.2.Lawful Conduct and Compliance
13.2.1.The Merchant shall use the Platform strictly for lawful purposes and in full compliance with all applicable local, national, and international laws and regulations.
13.2.2.The Merchant shall not engage in, facilitate, or enable any illegal, fraudulent, deceptive, or unethical business practices through the use of the Platform, website, or any associated services.
13.3.Prohibited Activities
13.3.1.The Merchant shall not use the Platform for, or engage in, any of the following activities:
13.3.1.1.Unlawful Purposes: Conducting or facilitating activities that violate any laws, regulations, or legal obligations, including but not limited to:
13.3.1.1.1.Copyright infringement, trademark violations, or unauthorized distribution of copyrighted material, including AI-generated content;
13.3.1.1.2.Selling, distributing, or promoting prohibited or illegal goods and services, including unregulated cryptocurrency transactions;
13.3.1.1.3.Fraudulent business activities, misrepresentation, deceptive advertising, or false claims.";
13.3.1.1.4.Using AI-generated content (e.g., product descriptions, images) without ensuring compliance with applicable copyright laws and third-party rights. The Merchant warrants that such content is legally permissible and does not infringe intellectual property;
13.3.1.1.5.Permitting or failing to prevent Customer violations as outlined in Sections 34-36, including fraudulent orders or misuse of the Platform;
13.3.1.1.6.Misrepresenting their relationship with Gustosfera and/or it's any of associated brands including but not limited to GusKart.com and GusCart.com to Customers or third parties in violation of Section 39.
13.3.2.Violation of Third-Party Rights:
13.3.2.1.Infringing upon intellectual property rights, trade secrets, privacy rights, or contractual obligations of any individual or entity;
13.3.2.2.Engaging in unauthorized data collection, scraping, or reselling of customer information obtained through the Platform.
13.3.3.Content and Conduct Restrictions:
13.3.3.1.Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, pornographic, abusive, harassing, hateful, or otherwise objectionable;
13.3.3.2.Using the Platform to facilitate or promote gambling, narcotics, terrorism, money laundering, or any other criminal activities.
13.3.4.Interference with the Platform and System Security:
13.3.4.1.Attempting to gain unauthorized access to the Platform, its servers, databases, or any connected networks;
13.3.4.2.Hacking, tampering, injecting malicious code, or disrupting the normal operation of the Platform through DDoS attacks, malware, or other cyber threats.
13.3.5.Activities Harmful to Gustosfera's Reputation:
13.3.5.1.Engaging in any activity that may damage the reputation, business integrity, or operational security of Gustosfera or its affiliates.
13.4.Enforcement and Consequences of Violation
13.4.1.Gustosfera reserves the right, at its sole discretion, to take immediate enforcement actions in response to any violations of this Acceptable Use Policy, including but not limited to:
13.4.1.1.Suspension or permanent termination of the Merchant's access to the Platform without prior notice;
13.4.1.2.Legal action for damages arising from violations, with the Merchant being held liable for any direct or indirect losses;
13.4.1.3.Forfeiture of any payments made, with no entitlement to a refund or compensation in the event of a breach.
13.4.2.The Merchant agrees to indemnify and hold Gustosfera harmless against any legal claims, liabilities, penalties, or damages resulting from any prohibited activities conducted through the Platform.
14. Third-Party Services
14.1.Acknowledgment of Third-Party Service Providers
14.1.1.The Merchant acknowledges that the Platform may integrate with, or provide access to, third-party services, including but not limited to:
14.1.1.1.Payment gateways for processing transactions;
14.1.1.2.Communication tools for customer interactions (e.g., SMS, email, or chatbot services);
14.1.1.3.Analytics tools for tracking business performance and customer behavior;
14.1.1.4.Shipping or logistics partners for order fulfillment;
14.1.1.5.Any other third-party software, applications, or APIs utilized by the Platform.
14.1.2.The Merchant agrees that each third-party service provider operates independently and is governed by its own terms of service, privacy policies, and operational procedures. The Merchant is solely responsible for reviewing and complying with the terms set by such third-party providers.
14.2.Limitation of Liability for Third-Party Services
14.2.1.Gustosfera does not control, own, or operate any third-party services and shall not be held liable for:
14.2.1.1.Any service disruptions, errors, or failures caused by third-party providers;
14.2.1.2.Unauthorized transactions, fraud, or security breaches occurring through a third-party service;
14.2.1.3.Loss of data, delays, or system failures resulting from reliance on third-party services;
14.2.1.4.Any financial, operational, or reputational damages arising from the Merchant's use of third-party integrations.
14.2.2.The Merchant understands and agrees that Gustosfera does not provide warranties, guarantees, or assurances regarding the accuracy, reliability, or uninterrupted availability of third-party services.
14.3.Merchant Responsibilities and Indemnification
14.3.1.The Merchant is solely responsible for:
14.3.1.1.Ensuring that their use of third-party services complies with all applicable laws and regulations;
14.3.1.2.Resolving any disputes, claims, or liabilities arising from their transactions, interactions, or reliance on third-party services;
14.3.1.3.Handling all customer complaints, refund requests, or chargebacks related to payments or services facilitated by third-party providers.
14.3.2.The Merchant agrees to indemnify and hold Gustosfera harmless from any legal claims, penalties, damages, or financial liabilities arising from:
14.3.2.1.The Merchant's non-compliance with third-party service terms;
14.3.2.2.Security breaches, fraudulent transactions, or loss of funds occurring due to third-party services;
14.3.2.3.Any violations of customer rights, privacy laws, or data protection regulations resulting from the Merchant's use of third-party tools.
14.4.Right to Modify or Discontinue Third-Party Integrations
14.4.1.Gustosfera reserves the right, at its sole discretion, to:
14.4.1.1.Modify, update, or replace any third-party service integrated with the Platform;
14.4.1.2.Suspend or terminate access to any third-party service due to contractual, technical, or legal reasons.
14.4.2.In such cases, Gustosfera will provide reasonable notice to the Merchant, unless immediate action is required due to legal, security, or compliance concerns. The Merchant shall not be entitled to any refund or compensation resulting from modifications or discontinuation of third-party integrations.
15. Liability
15.1.Merchant's Responsibility for Testing and Issue Reporting
15.1.1.The Merchant acknowledges and agrees that it is their sole responsibility to thoroughly test the functionality of the Platform before making it publicly available or implementing any updates.
15.1.2.The Merchant must promptly notify Gustosfera of any errors, malfunctions, or performance issues requiring resolution and provide necessary details to assist in diagnosing and addressing such issues.
15.2.Limitation of Liability
15.2.1.Gustosfera shall not be liable for any damages, losses, or expenses incurred by the Merchant or any third party as a result of using the Platform or any associated services, including but not limited to:
15.2.1.1.Direct, indirect, incidental, special, punitive, or consequential damages;
15.2.1.2.Loss of profits, revenue, data, business opportunities, or goodwill;
15.2.1.3.Interruption of business operations or any commercial damages;
15.2.1.4.Unauthorized access to or alteration of the Merchant's data;
15.2.1.5.Losses or damages caused by Customer actions, misconduct, or fraudulent transactions as detailed in Sections 34-36;
15.2.1.6.Consequences of the Merchant's failure to comply with representations, warranties, or publicity restrictions under Sections 37 and 39.
15.2.2.Maximum Liability Cap - In no event shall Gustosfera's total liability under this Agreement exceed the total fees paid by the Merchant for Services rendered in the preceding one (1) month, regardless of the total duration or scope of Services provided.
15.3.Merchant's Legal and Compliance Obligations
15.3.1.The Merchant is solely responsible for ensuring that their use of the Platform, including any content, products, or services offered through it:
15.3.1.1.Complies with all applicable laws and regulations, including but not limited to consumer protection, intellectual property, and data privacy laws;
15.3.1.2.Does not contain false, misleading, defamatory, or unlawful content;
15.3.1.3.Does not infringe upon third-party rights, including copyrights and trademarks.
15.3.2.The Merchant acknowledges that Gustosfera is not liable for any legal claims, regulatory penalties, or reputational harm arising from the Merchant's actions, content, or interactions with customers.
15.4.Disputes Between the Merchant and Customers
15.4.1.Gustosfera is not responsible for resolving disputes between the Merchant and their Customers, as outlined in Sections 34 (Customer Interactions and Responsibilities) and 36 (Customer Payment and Refund Obligations). Any claims, chargebacks, refunds, or complaints raised by Customers shall be handled exclusively by the Merchant.
15.4.2.Gustosfera reserves the right to display disclaimers stating that it is not liable for Merchant activities, including but not limited to false advertising, defective products, pricing errors, or service failures.
15.5.Indemnification of Gustosfera
15.5.1.The Merchant agrees to indemnify, defend, and hold harmless Gustosfera, including its officers, directors, employees, agents, and affiliates, from and against any:
15.5.1.1.Legal claims, demands, actions, or liabilities arising from the Merchant's use of the Platform, including those stemming from Customer actions or violations as per Sections 34-36;
15.5.1.2.Regulatory penalties or financial damages resulting from the Merchant's violation of laws, contracts, or third-party rights, including breaches of Sections 37 (Merchant Representations and Warranties) and 39 (Limitation on Merchant's Right to Publicize Relationship);
15.5.1.3.Financial losses, reputational harm, or litigation costs, including attorney fees, incurred by Gustosfera due to the Merchant's conduct or content;
15.5.1.4.Losses or costs arising from Customer data misuse or non-compliance with Section 34.5 (Customer Data Responsibility).
15.5.2.If Gustosfera incurs any financial, reputational, or operational harm as a direct or indirect result of the Merchant's actions, the Merchant shall be solely responsible for fully compensating Gustosfera for all resulting damages, losses, and expenses.
15.6.Security and Data Protection
15.6.1.Security Measures - Gustosfera implements reasonable security measures, including system monitoring, data backups, and encryption, to protect Merchant data and ensure service reliability.
15.6.2.Acknowledgment of Security Risks - The Merchant acknowledges that no platform is completely immune to:
15.6.2.1.Cyberattacks, hacking, or unauthorized access;
15.6.2.2.Data breaches or security vulnerabilities;
15.6.2.3.Service disruptions due to third-party failures or force majeure events.
15.6.3.Limitation of Liability for Security Incidents - Gustosfera shall not be held liable for any losses, damages, or expenses resulting from such security incidents, provided that reasonable security measures were in place.
15.7.Enforcement and Survival
15.7.1.Enforcement of Violations - Gustosfera reserves the right to:
15.7.1.1.Investigate reports of misconduct, fraud, or Agreement violations;
15.7.1.2.Issue warnings, suspend services, or terminate access to the Platform;
15.7.1.3.Pursue legal action or financial recovery for damages caused by the Merchant.
15.7.2.Survival of Liability Terms - The provisions of this Liability section shall survive termination of this Agreement, ensuring that the Merchant remains legally responsible for past actions, liabilities, and obligations.
16. Dispute Resolution
16.1.No Right to Service & Non-Negotiability of Terms
16.1.1.Access to Gustosfera's Services is not a right but a privilege granted at Gustosfera's sole discretion.
16.1.2.Gustosfera reserves the unrestricted right to refuse, suspend, or terminate services to any Merchant with or without providing a reason.
16.1.3.These Terms are non-negotiable and will not be modified based on individual preferences. If the Merchant does not agree with any provision, they must not use the Services.
16.2.Any dispute arising out of or related to these Terms of Service must follow the strict resolution process outlined below. By agreeing to these Terms, the Merchant acknowledges and accepts the following dispute resolution procedures:
16.2.1.Informal Resolution First
16.2.1.1.If the Merchant has any concern regarding the Services, they must first attempt to resolve the matter informally by contacting Gustosfera's support team.
16.2.1.2.The Merchant agrees to engage in good-faith discussions and allow up to 60 days for a resolution before proceeding further.
16.2.2.Mediation as a Required Next Step
16.2.2.1.If the issue is not resolved through informal discussions, the Merchant must participate in a formal mediation process with an independent mediator chosen by mutual agreement.
16.2.2.2.The costs of mediation shall be borne by the Merchant unless otherwise agreed in writing or determined by the mediator based on the dispute's outcome.
16.2.2.3.The mediation process must be completed within 90 days from the date of the first mediation request.
16.2.3.Binding Arbitration for Eligible Disputes
16.2.3.1.If mediation fails, the dispute shall be resolved through final and binding arbitration administered by an applicable arbitration institution under the laws of India.
16.2.3.2.Arbitration shall take place in Delhi, India, in English, and shall follow the procedures established by the chosen arbitration body.
16.2.3.3.The Merchant shall pay all arbitration costs upfront. If the Merchant does not prevail, they shall reimburse Gustosfera for all legal and arbitration expenses incurred, unless such cost allocation is unenforceable, in which case costs shall follow the arbitration body's rules or applicable law.
16.2.3.4.The arbitrator's decision shall be final and binding on both parties.
16.2.4.Limited Legal Recourse - Only for Fraud or Intellectual Property Disputes
16.2.4.1.Legal proceedings may only be initiated if the dispute involves fraud or intellectual property violations and has not been resolved through informal, mediation, or arbitration processes.
16.2.4.2.The Merchant waives the right to file any legal action for other matters and agrees that their only remedy for dissatisfaction with the Services is to close their account.
16.2.4.3.If legal action is permitted under this clause, it shall be filed exclusively in the courts of Delhi, India.
16.3.No Emergency Relief Against Gustosfera
16.3.1.The Merchant waives any right to seek an injunction, temporary restraining order, or any emergency relief against Gustosfera.
16.3.2.Gustosfera shall not be compelled to reinstate, continue, or provide Services through court orders.
16.4.Suspension & Termination of Services Upon Dispute Filing
16.4.1.If the Merchant files a dispute (whether mediation, arbitration, or litigation), Gustosfera reserves the right to suspend or terminate their account and all associated Services immediately.
16.4.2.If the Merchant's account is suspended, closed, or terminated for any reason, whether voluntarily or by Gustosfera, the Merchant acknowledges and agrees that:
16.4.3.Gustosfera shall not be liable for any loss of revenue, business, data, customers, or any other damages suffered due to the closure or termination.
16.4.4.The Merchant is not entitled to any refunds, compensation, or damages resulting from the termination of their access to the Services.
16.4.5.The Merchant forfeits any claims or demands against Gustosfera relating to their inability to access the Services following termination.
16.4.6.Once terminated, the Merchant shall not be eligible to reapply for or reinstate the Services under the same or a different entity.
16.5.Recovery of Damages & Legal Costs
16.5.1.If the Merchant's actions cause financial, reputational, or operational harm to Gustosfera, whether intentional or not, Gustosfera reserves the right to seek full compensation for all damages and costs incurred.
16.5.2.If the Merchant initiates legal action in violation of this section, they shall pay liquidated damages up to $10,000 USD, reflecting Gustosfera's estimated administrative and legal costs, as determined at Gustosfera's sole discretion.
16.5.3.If the Merchant files a legal claim in any jurisdiction other than Delhi, India, they agree to:
16.5.3.1.Fully reimburse Gustosfera for all legal costs and fees incurred in seeking dismissal of the case; and
16.5.3.2.If the case is not dismissed, the Merchant shall bear all costs associated with Gustosfera's legal representation, travel, and court proceedings arising from the out-of-jurisdiction litigation.
16.6.Waiver of Jury Trial & Class Action
16.6.1.The Merchant waives any right to a jury trial for any dispute arising from or related to these Terms.
16.6.2.The Merchant waives the right to participate in any class action lawsuit against Gustosfera. All claims must be brought on an individual basis.
16.7.urvival of Terms
16.7.1.The provisions of this section shall survive termination of the Merchant's account and continue to apply even after they stop using the Services.
17. Communication
17.1.The email address, mobile number, and in-platform messaging system provided by the Merchant shall serve as the primary means of communication between Gustosfera and the Merchant. It is the Merchant's sole responsibility to ensure that these contact details are accurate, active, and regularly monitored for all important communications regarding the services provided under these Terms.
17.2.All communications exchanged between the Merchant and Gustosfera, including but not limited to email, SMS, in-platform messages, and instant messaging applications, shall be legally binding. This includes notices, updates, invoices, account-related information, and other service-related correspondence.
17.3.In addition to email and SMS, Gustosfera may use the following channels for regular communication:
17.3.1.In-Platform Messaging System: Messages sent within the Gustosfera platform shall be considered official notifications, with the same legal weight as email or SMS.
17.3.2.Instant Messaging Applications: Communication may also be conducted via a mutually agreed-upon platform such as Microsoft Teams, WhatsApp, or any other approved channel.
17.4.Merchant's Obligation to Monitor Communications
17.4.1.The Merchant must regularly check all designated communication channels, including the in-platform messaging system.
17.4.2.Gustosfera shall not be responsible for any consequences arising from the Merchant's failure to check or respond to communications in a timely manner.
17.5.Presumption of Receipt
17.5.1.Any communication sent via email, SMS, in-platform messaging, or instant messaging shall be deemed received within 24 hours of transmission, regardless of whether the Merchant has opened, read, or responded to the message.
17.5.2.The Merchant waives any claim that they did not receive or review a communication sent to their registered contact details or in-platform messaging system.
17.6.No Obligation to Use Alternative Channels
17.6.1.Gustosfera is not obligated to use any other method of communication beyond those specified in these Terms. The Merchant cannot demand correspondence through alternative channels or claim non-receipt due to failure to check their registered contact details or in-platform messages.
17.7.Electronic Communication as Primary Method
17.7.1.The Merchant acknowledges and agrees that electronic communication (email, SMS, in-platform messaging, and instant messaging) shall be the primary means of correspondence. Gustosfera is not required to provide physical copies of any communication unless mandated by law.
17.8.Authority to Act on Communications
17.8.1.If the Merchant delegates communication to an employee, manager, or third party, any response or action taken by such a representative shall be binding on the Merchant. The Merchant shall be fully responsible for any instructions or commitments made by their designated representatives.
17.9.Official Language of Communication
17.9.1.All communications shall be conducted in English unless otherwise agreed in writing. Gustosfera is not responsible for translation errors or misinterpretations arising from non-English communications.
17.10.Right to Record and Log Communications
17.10.1.Gustosfera reserves the right to record, store, and log all communications, including emails, SMS, in-platform messages, and instant messages, for legal, compliance, and security purposes. Such records may be used to resolve disputes or verify agreements between the parties.
18. Amendments and Addendums
18.1.Gustosfera reserves the right to issue addendums to these Terms of Service to address specific matters, including but not limited to privacy, security, compliance with regulatory requirements, additional service provisions, and other operational requirements.
18.2.Any addendum issued by Gustosfera shall be considered an integral extension of these Terms and shall have the same legal force and effect as the original Terms. In the event of any conflict between an addendum and these Terms, the addendum shall prevail only to the extent necessary to address the subject matter covered within it.
18.3.Gustosfera may issue addendums through official communication channels, including but not limited to publication on its platform, notifications via email, or updates displayed in the Merchant's account dashboard.
18.4.Merchants are required to review all the addendums issued and remain informed about modifications, including updates to obligations under Section 41. Failure to comply with any addendum shall be treated as a breach of these Terms, subjecting the Merchant to the same penalties, including but not limited to account suspension or termination.
18.5.The Terms, including any addendums, are non-negotiable and apply uniformly to all Merchants. Gustosfera shall not entertain any request for modification, waiver, or exceptions to any addendum.
18.6.In circumstances where an addendum is required to comply with legal, regulatory, or operational necessities, Gustosfera reserves the right to apply it retroactively, provided such application is legally permissible. Merchants shall be notified accordingly.
19. Confidentiality
19.1.Both parties shall maintain the confidentiality of non-public information disclosed during the use of the Services ('Confidential Information'), including but not limited to business processes, technical specifications, pricing, and customer data, except as required by law or with prior written consent.
19.2.The receiving party shall use Confidential Information solely for the purposes of this Agreement and shall not disclose it to third parties without the disclosing party's written approval.
19.3.This obligation survives termination of the Agreement for a period of three (3) years.
20. Force Majeure
20.1.Neither party shall be liable for delays or failures in performance due to causes beyond their reasonable control, including but not limited to natural disasters, wars, government actions, cyberattacks, or pandemics, provided the affected party notifies the other promptly.
20.2.If such an event persists for more than thirty (30) days, either party may terminate this Agreement with written notice, without liability beyond accrued fees.
21. Governing Law
21.1.This Agreement shall be governed by and construed in accordance with the laws of India, excluding its conflict of law principles, with exclusive jurisdiction in the courts of Delhi, India, except as provided in Section 16.
22. Service Level Commitment
22.1.Gustosfera aims to provide 99% uptime for the Platform, excluding scheduled maintenance and force majeure events, calculated monthly. This is a target, not a guarantee.
22.2.Downtime exceeding this target does not entitle the Merchant to compensation beyond Section 4.17.6, and Gustosfera's liability remains limited per Section 15.
23. Anti-Bribery and Corruption
23.1.The Merchant shall comply with all applicable anti-bribery and anti-corruption laws, including but not limited to the Prevention of Corruption Act, 1988 (India).
23.2.Any violation of this clause constitutes a material breach, entitling Gustosfera to terminate the Agreement immediately without refund.
24. Audit Rights
24.1.Gustosfera may audit the Merchant's use of the Platform to ensure compliance with these Terms, with reasonable notice and at Gustosfera's expense, unless non-compliance is found, in which case the Merchant shall reimburse all audit costs.
25. Intellectual Property Infringement Reporting
25.1.If a third party alleges that the Merchant's content on the Platform infringes their intellectual property rights, they may submit a written complaint to Gustosfera at support@gustosfera.com.
25.2.Gustosfera may, at its discretion, remove or disable access to the disputed content pending resolution, without liability to the Merchant.
25.3.The Merchant shall indemnify Gustosfera against any claims, losses, or costs arising from such allegations.
26. Suspension for Non-Compliance with Verification
26.1.If the Merchant fails to provide requested verification documents (e.g., tax registration, business licenses) within seven (7) days of Gustosfera's request per Section 9.8.3, Gustosfera may suspend the Merchant's account until compliance is achieved, without liability for resulting losses.
27. Changes to Third-Party Terms
27.1.The Merchant acknowledges that third-party services integrated with the Platform are subject to the providers' terms, which may change without Gustosfera's control.
27.2.Gustosfera shall not be liable for any costs, disruptions, or obligations arising from such changes, and the Merchant shall bear all resulting impacts.
28. Merchant Bankruptcy or Insolvency
28.1.If the Merchant becomes insolvent, enters bankruptcy, or ceases business operations, Gustosfera may terminate this Agreement immediately upon notice, with all outstanding fees becoming due and payable.
28.2.Gustosfera shall not be liable for any losses to the Merchant or third parties resulting from such termination.
29. International Data Protection Compliance
29.1.The Merchant shall comply with all applicable international data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) (EU), and the California Consumer Privacy Act (CCPA) (USA), when collecting, processing, or storing customer data via the Platform, as further detailed in Section 34.5 (Customer Data Responsibility).
29.2.Where required (e.g., under GDPR), the Merchant shall act as the 'data controller' and Gustosfera as the 'data processor.' The Merchant shall enter into a Data Processing Agreement (DPA) with Gustosfera, available upon request, to govern such roles.
29.3.Gustosfera shall implement reasonable technical and organizational measures to protect data but shall not be liable for Merchant breaches of data protection laws.
30. Currency Fluctuation and Payment Adjustments
30.1.The Merchant acknowledges that all payments to Gustosfera are in USD, and currency fluctuations may affect the cost in their local currency.
30.2.Gustosfera may adjust Wallet top-up minimums or service fees in response to significant USD exchange rate changes, with ten (10) days' notice, and continued use constitutes acceptance.
31. Export Control and Sanctions Compliance
31.1.The Merchant shall not use the Platform in violation of applicable export control laws or economic sanctions, including those administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, or other relevant authorities.
31.2.Gustosfera may suspend or terminate services immediately if the Merchant is identified as a sanctioned entity or operates in a restricted jurisdiction, without liability.
32. Language and Translation
32.1.These Terms and all communications are in English, which shall be the binding language. Translations may be provided for convenience, but the English version prevails in case of conflict.
32.2.The Merchant is responsible for obtaining translations if needed, and Gustosfera shall not be liable for misinterpretations arising from non-English usage.
33. International Termination Rights
33.1.Where applicable law in the Merchant's jurisdiction grants a mandatory cooling-off or withdrawal period (e.g., 14 days under EU law), the Merchant may terminate this Agreement within that period by written notice, provided no Services have been used.
33.2.Beyond such periods, termination follows Section 7, and no refunds apply unless required by law.
34. Customer Interactions and Responsibilities
34.1.Merchant's Duty to Manage Customer Relationships
34.1.1.The Merchant acknowledges and agrees that they are solely responsible for all interactions with their Customers, including but not limited to order placement, fulfillment, payment disputes, refunds, cancellations, and customer support inquiries.
34.1.2.Gustosfera shall not intervene in, mediate, or assume any responsibility for disputes or communications between the Merchant and their Customers, except where explicitly required by law.
34.2.Customer Conduct on the Platform
34.2.1.The Merchant shall ensure that their Customers' use of the Merchant's online store on the Platform complies with applicable laws, these Terms, and any policies set forth by Gustosfera.
34.2.2.The Merchant shall be liable for any actions taken by their Customers through the Platform that result in violations of these Terms, including but not limited to fraudulent transactions, misuse of the ordering system, or submission of prohibited content (e.g., offensive comments or reviews).
34.3.Customer Complaints and Resolution
34.3.1.The Merchant shall promptly address and resolve all Customer complaints, claims, or disputes arising from their use of the Services, including issues related to product quality, delivery delays, or pricing errors.
34.3.2.Gustosfera reserves the right to forward Customer complaints received through the Platform directly to the Merchant without investigation or resolution, and the Merchant shall handle such matters independently.
34.4.Indemnification for Customer Actions
34.4.1.The Merchant agrees to indemnify and hold Gustosfera harmless from any claims, losses, damages, or liabilities arising from Customer actions, including but not limited to lawsuits, regulatory penalties, or financial disputes caused by the Merchant's products, services, or failure to fulfill orders.
34.5.Customer Data Responsibility
34.5.1.The Merchant shall be solely responsible for collecting, processing, and managing Customer data in compliance with applicable data protection laws (e.g., GDPR, CCPA), as outlined in Section 29.
34.5.2.Gustosfera shall not be liable for any misuse, loss, or unauthorized access to Customer data resulting from the Merchant's actions or failure to implement adequate security measures.
35. Customer Terms of Use Enforcement
35.1.Merchant's Obligation to Enforce Customer Policies
35.1.1.The Merchant shall establish and enforce their own terms of use, privacy policies, and refund policies applicable to their Customers, ensuring these policies are prominently displayed on their online store and comply with applicable laws.
35.1.2.Gustosfera may, at its discretion, provide a template or default Customer terms of use for the Merchant's adoption, but the Merchant remains solely responsible for customizing, maintaining, and enforcing such policies.
35.2.Prohibited Customer Activities
35.2.1.The Merchant shall prohibit their Customers from engaging in activities that violate these Terms, including but not limited to:
35.2.1.1.Submitting fraudulent orders or payments;
35.2.1.2.Uploading malicious code, spam, or illegal content via the Platform;
35.2.1.3.Harassing or threatening the Merchant or other Customers.
35.2.2.The Merchant shall take reasonable steps to monitor and prevent such activities and shall notify Gustosfera immediately of any detected violations.
35.3.Consequences of Customer Violations
35.3.1.If a Customer's actions result in harm to the Platform, Gustosfera reserves the right to suspend or disable the Merchant's online store until the issue is resolved, without liability to the Merchant.
35.3.2.The Merchant shall bear all costs and liabilities arising from Customer violations, including legal fees or damages claimed by third parties.
36. Customer Payment and Refund Obligations
36.1.Payment Collection Responsibility
36.1.1.The Merchant shall ensure that all Customer payments are processed securely and in accordance with the terms of the selected Payment Gateway provider, as outlined in Section 11.
36.1.2.Gustosfera shall not be responsible for delays, errors, or failures in Customer payment collection, and the Merchant shall resolve such issues directly with the Payment Gateway provider or Customer.
36.2.Refund and Chargeback Liability
36.2.1.The Merchant shall handle all Customer refund requests and chargebacks in accordance with their own refund policy and applicable consumer protection laws.
36.2.2.Gustosfera shall not reimburse or credit the Merchant for any fees deducted from their Wallet due to refunds, chargebacks, or disputed transactions initiated by Customers.
36.3.Fraudulent Customer Transactions
36.3.1.The Merchant shall implement reasonable measures to detect and prevent fraudulent Customer transactions (e.g., identity verification, order screening).
36.3.2.Gustosfera shall not be liable for financial losses or reputational damage resulting from fraudulent Customer activity, and the Merchant shall indemnify Gustosfera against any related claims.
37. Merchant Representations and Warranties
37.1.The Merchant represents and warrants that:
37.1.1.They have the legal capacity and authority to enter into and perform under these Terms.
37.1.2.Their use of the Platform will not violate any agreements, obligations, or rights of third parties.
37.1.3.All information provided to Gustosfera (e.g., business details, tax registration) is accurate, complete, and current.
37.2.Any breach of these warranties shall entitle Gustosfera to terminate the Agreement immediately without refund and pursue damages.
38. Platform Usage Analytics and Ownership
38.1.Gustosfera may collect and analyze usage data from the Merchant's online store (e.g., Customer traffic, order volumes, feature usage) to improve the Platform or for marketing purposes.
38.2.All such analytics data shall remain the sole property of Gustosfera, and the Merchant waives any claim to ownership or compensation for its use, provided it is anonymized and does not identify the Merchant without consent.
39. Limitation on Merchant's Right to Publicize Relationship
39.1.The Merchant shall not publicly disclose, advertise, or imply a partnership, endorsement, or special relationship with Gustosfera and/or it's any of associated brands including but not limited to GusKart.com and GusCart.com, beyond the standard use of the Platform without prior written consent.
39.2.Unauthorized use of Gustosfera's (and/or it's any of associated brands including but not limited to GusKart.com and GusCart.com) name, logo, or trademarks in marketing materials shall constitute a material breach of these Terms.
40. No Guarantee of Business Success
40.1.Gustosfera does not guarantee that the Merchant's use of the Platform will result in increased sales, revenue, or business success.
40.2.The Merchant acknowledges that their business outcomes depend solely on their own efforts, market conditions, and operational decisions, and Gustosfera shall not be liable for any financial or operational shortfalls.
41. Updates to Merchant Obligations
41.1.Gustosfera may periodically update the Merchant's obligations under these Terms (e.g., new compliance requirements, security protocols) with thirty (30) days' notice via email or the Platform.
41.2.Continued use of the Services after such updates constitutes acceptance, and failure to comply may result in suspension or termination without refund.
42. Merchant Content Ownership and Licensing
42.1.The Merchant represents and warrants that they own or have the necessary rights to all content uploaded to the Platform (e.g., product descriptions, images, logos), and that such content does not infringe third-party rights.
42.2.The Merchant grants Gustosfera a worldwide, non-exclusive, royalty-free, revocable license to use, display, reproduce, and distribute their content solely for the purpose of providing and promoting the Services (e.g., displaying menus on subdomains, marketing aggregated data).
42.3.Upon account termination, Gustosfera will remove Merchant content from the Platform within a reasonable period, except where retained for legal or operational purposes (e.g., backups), as per Section 19 (Confidentiality).
43. Platform Beta Features
43.1.Gustosfera may offer beta features at its discretion, labeled as such, for testing purposes.
43.2.Beta features are provided "as-is," with no guarantees of functionality or availability, and Gustosfera is not liable for losses arising from their use.
43.3.Merchants using beta features may provide feedback, which Gustosfera owns and may use without compensation.
44. Customer Review and Feedback Management
44.1.The Merchant is solely responsible for managing customer reviews and feedback submitted via the Platform, including responding to comments and addressing disputes.
44.2.Gustosfera reserves the right, but not the obligation, to moderate or remove reviews that violate these Terms (e.g., Section 35.2, Prohibited Customer Activities) or applicable laws, without liability to the Merchant.
44.3.Reviews reflect customer opinions and do not represent Gustosfera's views. Gustosfera is not liable for review content or its impact on the Merchant's business.
45. Insurance Requirements
45.1.The Merchant shall maintain adequate insurance (e.g., general liability, product liability) covering their business operations, as required by applicable laws or industry standards.
45.2.Gustosfera may request proof of insurance upon reasonable notice; failure to provide it within seven (7) days may result in suspension per Section 26.
45.3.Gustosfera does not provide insurance for Merchant activities and is not liable for uninsured losses.
46. API Usage and Rate Limits
46.1.If Gustosfera provides API access (e.g., for order syncing, analytics), it is granted on a non-exclusive, revocable basis, subject to additional conditions in Section 4.16 (Advanced Features).
46.2.Gustosfera may impose API rate limits (e.g., calls per hour) to prevent abuse, notified via the Platform. Exceeding limits may result in temporary suspension of API access.
46.3.The Merchant is liable for any damage to the Platform caused by API misuse and shall indemnify Gustosfera per Section 15 (Liability).
47. Termination by Merchant with Notice
47.1.The Merchant may terminate this Agreement by providing seven (7) days' written notice to Gustosfera via email or the Platform, after settling all outstanding dues.
47.2.Upon termination, access to Services ceases, and any Wallet balance is forfeited per Section 4.14 (Digital Wallet), unless required by law.
47.3.No refunds or credits apply for unused Services or promotional credits, except as mandated by applicable law (e.g., Section 33).