Terms of Use

1. Definitions

2. EveryGuest Services

2.1. What is EveryGuest

EveryGuest is a platform that, as part of its services, allows Diners and Guests to interact and get in touch with the Venues listed on the EveryGuest Platform. It also offers its users other ancillary services, including loyalty features and Rewards programs. EveryGuest acts as a provider of Information Society Services in accordance with REGULATION (EU) 2022/2065 ("DSA") and Directive 2000/31/EC.

2.2. Venue Rewards

The EveryGuest Platform allows Diners and Guests to benefit from Rewards provided by the Venues. Venues are ultimately responsible for determining their own reward strategy and may decide to limit Rewards to certain time slots, group sizes, dates, or specific actions. Although EveryGuest allows Venues to display their Rewards, Venues are fully responsible for the correct application of any reward.

Rewards are limited to one use per Interaction and, therefore, to one use per table/stay and group.

2.3. Rewards Program (Loyalty)

The terms and conditions of our Rewards Program can be found in the Special Conditions section below.

2.4. Reviews and Other User Content

Users must follow the rules set forth below when posting any User Content and, in particular, when posting a review or uploading multimedia content on the EveryGuest Platform.

2.4.1. Conditions for posting reviews, content, and ratings

To post an opinion, rating, or upload multimedia content, Diners or Guests must (i) have registered an Account, (ii) have performed an Interaction or been invited to a Venue through the EveryGuest Platform, and (iii) have completed the Interaction at the Venue.

2.4.2. Reasons for rejecting reviews and user content

User Content may be rejected or removed:

• If allowing such User Content to remain may have civil or criminal consequences for EveryGuest;
• If the User Content is or is suspected to be an infringement of third-party intellectual property rights or is illegal;
• If the content raises issues of conflict of interest or fraud;
• If the User Content contains information related to EveryGuest's security operations.

2.4.3. Moderation of User Content

EveryGuest reserves the right to moderate User Content, including reviews, photos, and videos. Each User Content may be subject to pre-publication moderation through automated AI filters and, when flagged, to human moderation. The moderation period can last an average of 2 weeks.

2.4.4. Reviews from Diners and Guests

Each Diner or Guest who performs an Interaction through the Platform has the right to post their own review, rating, or multimedia content about their experience at the Venue. Personal data collected for the purpose of managing these reviews will not be used by EveryGuest for purposes other than the provision of Services.

2.4.5. Right to reply

Each Venue has a right of reply to the reviews and content posted by Users. The right of reply must be exercised within 3 months from the publication of the review in question, by sending a message through the EveryGuest Management Panel.

2.4.6. Notification and removal of illegal User Content

Any User has the ability to notify a claim or objection related to illegal elements or User Content published on the EveryGuest Platform by clicking the "REPORT" button located next to the review or image, or by sending an email to info@everyguest.co with "To the attention of the Legal Department" in the subject line.

2.5. Venue Display and Ratings

The order in which Venues appear and the ratings displayed are based on criteria of relevance, quality of user-generated multimedia content, and proximity. EveryGuest uses AI algorithms to highlight places with higher interaction and better visual experiences. Ratings are a weighted average of actual User scores.

2.6. Reward Redemption and Absence of Direct Payments

EveryGuest facilitates the discovery and acquisition of Rewards, but it does not process payments for the services provided by the Venue. Any payments must be made directly to the Venue. Earned Rewards are not exchangeable for cash, and their final application is the sole responsibility of the Venue.

2.7. EveryGuest Coupons and Vouchers

Rewards may be presented in the form of virtual codes, QR codes, or digital vouchers. These vouchers have no monetary value, are non-refundable, and cannot be combined with other promotions unless expressly authorized by the Venue. EveryGuest is not responsible if a voucher is not redeemed within its validity period.

2.9. Modifications and Updates

Venues, the availability of Rewards, Services, and User Content on the Platform will change based on contributions from partner venues, the state of the business, or collected information. EveryGuest may update and modify elements of the Platform at any time to:

• Ensure compliance with applicable laws and EU regulatory requirements;
• Perform maintenance, fix errors, and technical adjustments;
• Transfer Services to new hosting platforms or ensure compatibility with updated devices;
• Launch new versions of the Platform or modify existing functionalities, including AI algorithms;
• Improve the security of the Platform and User data.

3. Account Creation, Credentials, and Cancellation

3.1. Admission to an EveryGuest Account

Use of the EveryGuest Platform is subject to the following cumulative eligibility requirements: (i) being over 18 years of age; (ii) having the legal capacity to be legally bound; and (iii) as a Diner or Guest, the Interactions you perform on the EveryGuest Platform shall be legitimate. By creating an Account and requesting our Services, you warrant and represent that you meet the aforementioned requirements.

3.2. Additional Conditions for Guests or Diners

Guests or Diners must maintain only one single Account. It is considered a material breach of these Terms of Use if the same User creates and maintains multiple Accounts for the purpose of obtaining undue benefits from the Rewards Program. Users commit to providing accurate, up-to-date, and truthful information regarding their first name, last name, email address, and phone number. Users are not permitted to register or create an Account on behalf of a third party.

3.3. Additional Conditions for Venue Accounts

Subject to compliance with these Terms of Use, EveryGuest allows the Venue and its designated employees ("Authorized Users") to access the Management Panel solely for internal business purposes. The Venue is responsible for keeping the list of its Authorized Users up to date and shall be solely responsible for the acts, omissions, or misuse of credentials by its Authorized Users.

3.4. Additional Conditions for Interactions and Rewards

To perform an Interaction or redeem a Reward, Users must have a valid registered account. Certain Venues may have additional eligibility requirements. We reserve the right to restrict or deny access to Rewards if Users do not meet eligibility requirements or violate these Terms of Use.

3.5. Confidentiality of Account Credentials

Credentials are personal and confidential. The User is solely and fully responsible for the use of their Account. In the event that you suspect your Account or Credentials have been compromised, you must immediately follow the password change procedure on the Platform or through the corresponding authentication provider.

3.6. Account Cancellation

To close your Account, you must log in and access the settings or profile section within the EveryGuest Platform. You may also send your Account closure request by email to: info@everyguest.co. Upon closure, you will no longer be able to benefit from the Services, your pending benefits will be deactivated, and any accumulated Rewards will be lost.

4. Modification of the Terms of Use

EveryGuest reserves the right to modify these Terms of Use at any time. We will post notices of material changes on the Platform. If the User does not agree with any notified modification, they must stop using the EveryGuest Platform and Services. By continuing to use the Services after such notification, the User agrees to be bound by the updated Terms of Use.

5. Right of Withdrawal

If you are an EU consumer, you have a legal right to withdraw from these Terms of Use within 14 days of creating your Account. You may exercise this right, or terminate these Terms of Use at any other time, simply by closing your Account as described in Article 3.6.

6. Limitations of Liability, Representations, and Warranties

6.1. General Limitations

To the maximum extent permitted by law, Users agree to indemnify and hold EveryGuest harmless from any claim, loss, or expense arising from: (i) breach of these Terms; (ii) misuse of the Platform; (iii) interaction with any Venue, including any injury, loss, or damage occurring during their stay or visit; or (iv) violation of laws or third-party rights.

6.2. Use of Artificial Intelligence and Venue Validation

EveryGuest uses AI systems to analyze content, but the User acknowledges and accepts that:

• The AI and the Venue staff act as independent validators. EveryGuest does not guarantee that validation criteria will always be identical across different locations.
• The denial of a Reward, whether by an automated AI decision or by the discretionary decision of Venue staff, does not entitle the User to any financial claim against EveryGuest.
• The Venue has the ultimate authority to validate the Reward redemption at the point of sale.

6.3. Relationship with Venues

EveryGuest is not a party to any contractual relationship between Users and Venues. We do not act as agents and do not guarantee the quality, safety, legality, or truthfulness of the services provided by the Venues. EveryGuest will not be liable if a Venue closes or refuses to apply a discount or gift.

6.4. Availability and Updates

We make every effort to keep the Platform functional, but we do not guarantee uninterrupted availability. The User is responsible for keeping their operating system and the application updated.

6.5. Prohibited Actions

Users agree not to perform the following prohibited actions:

• Rewards and Interaction Fraud: Attempting to obtain Rewards through fake, duplicated, or internet-downloaded content that does not correspond to an actual experience at the Venue. The use of software to alter geographic location (GPS) or the date of interactions is strictly prohibited.
• Inappropriate Content: Submitting User Content that is inaccurate, fraudulent, illegal, or whose intellectual property rights do not belong to them.
• Illicit Use of Intellectual Property: Modifying, copying, distributing, reproducing, publishing, or reselling any information obtained through the EveryGuest Platform. Scraping or extracting data using robots or manual processes is prohibited.
• Reverse Engineering: Attempting to modify, translate, adapt, decompile, disassemble, or reverse engineer any software related to the Platform or its AI algorithms.
• Account Abuse: Creating multiple accounts to circumvent reward limits or fraudulently benefit from promotions intended for new users.
• Infrastructure Attacks: Performing any action that imposes an excessive load on EveryGuest servers or bypassing security measures.

6.6. Disputes and Collaboration with Users

Users agree to cooperate with EveryGuest in good faith and provide such information as may be reasonably requested in connection with any investigation into the use or abuse of the Platform or anti-fraud practices.

6.7. Consequences of Breaching These Terms

In the event of a breach of these Terms, EveryGuest reserves the right to take the following measures without prior notice:

1. Formal warning to the User.
2. Immediate removal of User Content that violates the rules.
3. Temporary or permanent suspension of the Account and access to Services.
4. Cancellation of all Rewards accumulated fraudulently or pending redemption.
5. Relevant legal actions in the event of serious damage to the platform or third parties.

7. Intellectual Property

7.1. License

Users agree that, by posting User Content on the EveryGuest Platform, they automatically grant EveryGuest, for the duration of their contractual relationship and one year thereafter, an irrevocable, non-exclusive, royalty-free license to use, copy, display, adapt, modify, distribute, promote, incorporate into advertisements, create derivative works, improve, and broadcast such Content worldwide, in any media. Users expressly authorize EveryGuest to assign or sublicense this content to the Venue where the Interaction took place.

7.2. Adherence to Intellectual Property Law

Users agree not to submit, copy, resell, or republish any User Content, data, or element received through the Platform that does not belong to them or for which they do not have legal authorization.

7.3. Ownership of Rights

All moral and economic intellectual property rights relating to the EveryGuest Platform, its software, Artificial Intelligence algorithms, and aggregated information belong to EveryGuest, except for third-party rights for which the necessary licenses have been obtained.

8. Third-Party Services

8.1. External Service Providers

To ensure high-quality Services, EveryGuest may use external providers (hosting, data analysis, AI services). Our platform may also include links to third-party websites. The User acknowledges that such parties are beyond our control and that we will not be liable for any damage arising from their use. We recommend reviewing the terms and conditions of these third parties before using their services.

8.2. Social Networks and Other External Platforms

Our Services allow accessing and sharing content on social networks. If you choose to use this functionality, EveryGuest may access certain public information from these platforms and facilitate the posting of photos or videos on such networks on your behalf following your authorization. EveryGuest is not responsible for the content, products, or services of third parties.

10. Governing Law and Dispute Resolution

10.1. Governing Law

These Terms of Use and the relationship between EveryGuest and the Users shall be governed by and construed in accordance with Spanish law. If you are acting as a consumer in the EU, this shall not prevent the application of those mandatory rights that apply to you under the laws of your country of residence.

10.2. Dispute Resolution

For any claim, dispute, or matter arising under or in connection with these Terms of Use, the parties submit to the jurisdiction of the Courts and Tribunals of Mallorca, Spain, unless the applicable consumer and user protection law provides otherwise. In accordance with EU regulations, if you are a consumer, you may also access the European Union's Online Dispute Resolution platform.

10.3. Contact EveryGuest

If you wish to contact EveryGuest, you can send us an email at info@everyguest.co or use the support channels available within the Platform.