Legal

General Terms of Use

Terms and conditions governing access to and use of the Qamarero platform.

Updated Mar 2026

1. Purpose

These General Terms of Use (the “Terms”) govern the access to and use of the point-of-sale (POS) software technology platform developed and operated under the commercial brand QAMARERO (the “Platform”), and of the website qamarero.com (the “Website”), whether under its current name or any other it may bear in the future, by QR PAYMENTS, S.L., Tax ID B-67982603, registered office at Calle Triana, Valencina de la Concepción (41907), Seville, Spain, registered at the Commercial Registry of Seville, Volume 7194, Folio 46, Sheet SE-133.998 (“Qamarero”).

The Platform is intended exclusively for professionals and businesses in the hospitality and restaurant sector who wish to contract a POS management service on a SaaS basis. Users residing or domiciled outside Spain who access or use the Platform and/or the Website must ensure that such access and/or use complies with applicable local law.

By accessing and using the Platform and/or the Website, you (the “Customer”) (i) acknowledge having read and accepted these Terms and (ii) undertake to comply with all their terms. The Customer also acknowledges and accepts that access and use of the Platform and/or the Website will be subject to the Terms in force at the time of access.

Qamarero reserves the right to modify these Terms, as well as any other general or particular terms that may apply. Modifications will be notified to the Customer at least thirty (30) calendar days in advance of their entry into force, by email or via the Platform. If the Customer disagrees with the modifications, they may notify Qamarero and terminate the contract before the modifications take effect.

2. Content and description of the Service

Through the Platform and/or the Website, Qamarero provides the Customer with a comprehensive management service for hospitality establishments via cloud-based POS software (the “Service”), including, according to the subscription plan contracted, functionalities such as order-taking, table and room management, payments, invoicing, cash control, reporting and analytics, menu and product management, Google Business Profile reviews management, and any other functionalities that Qamarero makes available from time to time (the “Contents”).

Qamarero reserves the right to modify the presentation, configuration and functionalities of the Platform and/or the Website at any time, as well as the corresponding access and use conditions, provided such changes do not substantially affect the essential functionalities of the contracted subscription plan. The Contents provided may be subject to updates and improvements not always reflected in the documentation available.

Qamarero grants the Customer a non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform during the term of the contracted subscription, exclusively for the management of their hospitality activity under these Terms.

3. Reviews Management Module (Google Business Profile)

Qamarero offers, as an optional paid functionality within certain Subscription plans, a Reviews Management module that allows the Customer to connect their Google Business Profile account with the Platform (the “Reviews Module”). Availability may vary by plan and Qamarero reserves the right to modify, limit or withdraw the functionality for technical, commercial or strategic reasons.

(a) Functionalities

Once the Google Business Profile account is connected, the Reviews Module allows the Customer to:

(i) View the reviews received by the locations the Customer has selected.

(ii) Publish responses to those reviews on behalf of the Customer.

(iii) Edit or delete previously published responses.

(iv) Access metrics, summaries and analyses based on their own reviews.

(b) Authorization

To enable the Reviews Module, the Customer must expressly authorize Qamarero to access their Google Business Profile account through Google’s official permissions system, which will show a consent screen informing the Customer of the permissions requested before establishing the connection.

The permissions requested are limited to:

(i) Identifying the Customer (public name, email and profile picture from their Google account), and

(ii) Managing the reviews and responses of the Customer’s locations on Google Business Profile.

Qamarero does not request or access any other data from the Customer’s Google account.

(c) Scope of data processing

The Customer acknowledges and accepts that, to provide the Reviews Module, Qamarero will process the following data obtained through Google:

(i) Identifiers of the account and of the Google Business Profile locations selected by the Customer.

(ii) Public information of those locations (name, address, phone, hours).

(iii) Public reviews received at those locations (text, rating, author, date and associated images), including third-party personal data such as name, alias, profile picture, review content and other associated data.

(iv) Responses published to those reviews.

(v) Credentials that maintain the connection with Google, which will be stored encrypted and used solely while the Customer keeps the connection enabled.

Personal data processing and roles (GDPR). For GDPR purposes:

  • The Customer acts as Data Controller for the personal data contained in the reviews.
  • Qamarero acts as Data Processor, processing data on behalf of the Customer pursuant to article 28 GDPR.
  • This processing is governed by the corresponding Data Processing Agreement, which forms part of these Terms or is attached as an annex.

Legal basis and information duty. The Customer represents that they have a legitimate basis for processing such data, including the legitimate interest in managing their online reputation. The Customer is responsible for fulfilling the information obligations towards data subjects under article 14 GDPR where applicable.

Use of data in accordance with the Google API Services User Data Policy. Qamarero’s use and transfer to any other app of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. In particular, Qamarero:

  • Does not sell, rent or transfer data obtained from Google to third parties.
  • Does not use such data for advertising or profiling purposes.
  • Does not use such data to train artificial intelligence or machine learning models.
  • Does not allow humans to read the Customer’s data obtained from Google, except with the Customer’s express consent, for security reasons, to comply with the law, or in aggregated and anonymised form for internal operations.

Data retention and deletion.

  • After disconnection of the Reviews Module, Qamarero will retain the data for a maximum of sixty (60) days to allow export by the Customer.
  • After that period, the data will be deleted or securely anonymised.
  • The Customer may request immediate deletion at any time.
  • Qamarero will ensure deletion in accordance with article 28.3.g GDPR.

Sub-processors. The Customer expressly authorises Qamarero to use sub-processors (such as hosting or cloud providers), including Google, pursuant to article 28.2 GDPR. Qamarero will ensure that such sub-processors comply with equivalent data protection obligations.

(d) Customer’s rights and revocation

The Customer may:

  • Disconnect the Reviews Module at any time from their Platform panel.
  • Revoke the permissions granted to Qamarero directly from their Google account settings at myaccount.google.com/permissions.

(e) Availability and reliance on third-party services

The Reviews Module relies on Google’s APIs and services. Qamarero is not liable for:

(i) interruptions, quota limits, errors or modifications introduced by Google in its APIs, or

(ii) the unavailability, withdrawal or modification of the Reviews Module deriving from changes in Google’s terms or policies.

Additionally, Qamarero may modify, suspend or remove the Reviews Module at any time for its own technical, commercial or strategic reasons.

(f) Customer obligations

The Customer warrants that:

(i) They are the owner of, or are duly authorised by the owner of, the Google Business Profile account connected to the Platform.

(ii) The content of the responses published through the Reviews Module complies with Google Maps and Google Business Profile Content Policies and with applicable law.

(iii) They are solely responsible for the content of their responses and any claim that may arise therefrom.

Indemnity. The Customer will hold Qamarero harmless from any claim, sanction, damage or cost arising from:

  • content published by the Customer through the Reviews Module;
  • misuse of the Reviews Module;
  • infringement of third-party rights.

Qamarero reserves the right to suspend or limit the Reviews Module if it detects use contrary to Google’s Policies or to these Terms.

4. Access and use

Access to the Platform and/or the Website is limited to natural persons over 18 years of age acting in the course of their professional or business activity, or to duly represented legal persons. The Customer warrants that they have sufficient legal capacity to contract and that, if acting on behalf of a legal person, they have the necessary powers to bind it.

The Customer acknowledges and accepts that access and use of the Platform and/or the Website takes place freely and consciously, under their sole responsibility. Qamarero will not in any case be responsible for (i) any use contrary to law, morality, good customs and public order made by the Customer and/or third parties of the Platform and/or the Website, nor (ii) the damages that may arise from it.

The Customer undertakes to use the Platform and/or the Website properly and lawfully in accordance with applicable law and these Terms. In particular, the Customer shall refrain from:

(i) Making unauthorised or fraudulent use of the Platform and/or the Website.

(ii) Accessing or attempting to access restricted resources of the Platform and/or the Website.

(iii) Using the Platform and/or the Website for illegal or unlawful purposes, contrary to these Terms, detrimental to third-party rights and interests, or that may damage, disable, overload or impede the normal use of the Platform.

(iv) Causing damage to the Platform and/or the Website or to the systems of its providers or third parties.

(v) Introducing or disseminating computer viruses or any other physical or logical systems that may cause damage to Qamarero’s, its providers’ or third parties’ systems.

(vi) Attempting to access, use or manipulate the data of Qamarero, its third-party providers or other customers.

(vii) Reverse engineering, decompiling, disassembling, reproducing, copying, distributing, transforming or modifying the Contents or the Platform, or allowing third-party access through any form of public communication, unless expressly authorised by Qamarero or legally permitted.

(viii) Obtaining or attempting to obtain the Contents using means or procedures other than those made available to the Customer by Qamarero.

(ix) Transferring, sublicensing or assigning the Account or the rights deriving from the subscription without prior written authorisation from Qamarero.

The Customer may only access the Platform through authorised means. Qamarero will not be responsible if the Customer lacks a compatible device or an adequate internet connection for the proper functioning of the Platform.

5. Registration and Account conditions

Access to the Platform is subject to prior registration via the corresponding registration form provided by Qamarero. Qamarero reserves the right to freely accept or reject any registration request.

The data entered by the Customer in the registration form must be accurate, complete, current and truthful at all times. The Customer undertakes to keep such information up to date and will be responsible for the veracity of the data provided.

Access and use of the Platform will be subject to the access credentials assigned to the Customer (the “Account”), and access will be deemed to have been made by such Customer, who will be responsible in any event for such access and use. The Customer is responsible at all times for the custody and confidentiality of their credentials, assuming any damages that may arise from misuse, assignment, disclosure or loss.

In case of forgotten credentials or any other circumstance that poses a risk of unauthorised access by third parties, the Customer will communicate it immediately to Qamarero so that it proceeds to block and replace them. Any operations carried out before such communication will be deemed to have been made by the Customer.

The Customer may authorise their employees, managers or other collaborators (“Authorised Users”) to access and operate the Platform under their Account, the Customer being solely responsible for the activity of all of them and for their compliance with these Terms.

Qamarero reserves the right to verify the Customer’s identity and to suspend or cancel any Account that breaches these Terms.

6. Subscription, pricing and billing conditions

6.1. Access to the functionalities of the Platform requires the contracting of a subscription plan (the “Subscription”) among those offered by Qamarero. The features, functionalities, limitations and prices of each plan will be available at all times on the Website and/or communicated to the Customer before contracting.

6.2. Prices are in euros and do not include VAT or any other applicable taxes, unless expressly stated otherwise. Rates, updates and use conditions are subject to modification. We recommend the Customer to periodically consult the Website to know the applicable rates.

6.3. Subscription payment will be made in advance, with the agreed frequency (monthly or yearly), through the payment methods enabled by Qamarero (SEPA direct debit, credit/debit card or others that Qamarero enables). The Customer expressly authorises the recurring charge on the payment method provided.

6.4. Qamarero may modify the Subscription prices, giving the Customer at least thirty (30) calendar days’ notice prior to the next renewal. If the Customer disagrees, they may terminate the contract before the new price takes effect without penalty.

6.5. Fees charged will not be refundable, except in legally foreseen cases. Without prejudice to the above, refunds will proceed where the cases set out in Spanish Royal Legislative Decree 1/2007, of 16 November, concur, insofar as it applies to the Customer.

6.6. In case of non-payment or late payment, Qamarero reserves the right to suspend or limit access to the Platform after notice to the Customer. Suspension does not exempt the Customer from the obligation to pay outstanding amounts. Unpaid amounts will accrue default interest at the legal rate of money plus two percentage points.

6.7. Qamarero reserves the right to restrict the use and recover the amount of promotions, invitations and discounts to Customers that make inappropriate, unlawful or abusive use. Inappropriate use includes any use contrary to law and these Terms. Discounts and promotions may have limited temporal validity and Qamarero reserves the right to cancel or reduce their value at any time.

6.8. For security reasons, Qamarero may block, cancel or void any payment method when there are reasonable grounds to suspect misuse.

6.9. Qamarero will issue the corresponding invoice for each Subscription period, made available to the Customer in electronic format in accordance with applicable invoicing regulations. In all cases, a summary of the charge made will be sent to the email address provided by the Customer.

7. Duration, renewal and termination

7.1. The contractual relationship will come into force upon activation of the Customer’s Account and contracting of a Subscription plan, and will remain in force during the contracted period.

7.2. The Subscription will automatically renew for periods equal to the originally contracted, unless either party notifies the other of its intention not to renew at least fifteen (15) calendar days prior to the end of the current period.

7.3. The Customer may terminate the contract at any time through the mechanisms enabled on the Platform or by written communication to Qamarero. Termination will take effect at the end of the Subscription period already paid, with no right to reimbursement of amounts paid.

7.4. Qamarero may terminate the contract immediately, without prior notice, in the following cases:

(a) Breach by the Customer of any obligations set out in these Terms.

(b) Use of the Platform for illegal, fraudulent purposes or contrary to good faith.

(c) Non-payment of two or more consecutive billing periods.

(d) Insolvency, bankruptcy or cessation of the Customer’s activity.

7.5. Following termination of the contract for any reason, Qamarero will keep the Customer’s data available for download for a period of thirty (30) calendar days, after which it may proceed to its definitive deletion, unless applicable regulations require its conservation.

8. Intellectual and industrial property rights

The Customer acknowledges and accepts that all intellectual and industrial property rights over the Contents and/or any other elements inserted on the Platform and/or the Website (including, without limitation, source code, design, structure, databases, interfaces, trademarks, logos, trade names, texts, images, graphics, software and presentation) belong to Qamarero or its licensors, and are protected by Spanish and international legislation on intellectual and industrial property.

Qamarero authorises the Customer to use, view and access the Contents and/or the elements inserted on the Platform and/or the Website exclusively within the framework of the contracted Subscription and for the management of their hospitality activity, refraining from any act of decompilation, reverse engineering, modification, disclosure or supply to third parties. Any other use or exploitation different from those expressly provided herein will be subject to the prior written authorisation of Qamarero.

Contracting the Subscription does not imply the assignment or transfer of any intellectual or industrial property right over the Platform in favour of the Customer.

The data entered by the Customer on the Platform (the “Customer Data”) are and will remain the property of the Customer. Qamarero will only process such data to the extent necessary for the provision of the Service, being granted for this purpose a limited, non-exclusive license for the duration of the contract.

9. Data protection

Personal data that the Customer provides through the registration form or during use of the Platform will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD). For more information, the Customer may consult the Privacy Policy available on the Website.

With respect to personal data that the Customer (Data Controller) introduces or generates on the Platform in the course of their activity, Qamarero will act as Data Processor. Processing will be governed by the Data Processing Agreement signed between the parties, which will be an integral part of these Terms. In the absence of a specific agreement, the following minimum conditions will apply:

(a) Qamarero will process personal data only in accordance with the Customer’s documented instructions and for the exclusive purpose of providing the Service.

(b) Qamarero will ensure that persons authorised to process personal data are committed to confidentiality.

(c) Qamarero will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing.

(d) Qamarero will not engage another processor without the Customer’s prior authorisation, except for sub-processors necessary for the provision of the Service, which will be communicated to the Customer.

(e) Qamarero will assist the Customer in fulfilling obligations relating to data subject rights and breach notifications.

(f) Upon termination of the contractual relationship, Qamarero will delete or return personal data to the Customer as agreed, unless regulations require their retention.

When the Customer activates the Reviews Module provided for in section 3, Qamarero will process the data obtained from Google APIs in accordance with that section, the Privacy Policy and the corresponding Data Processing Agreement, strictly subject to the Limited Use requirements of the Google API Services User Data Policy.

10. Warranties and liability

Qamarero will strive to achieve the greatest possible availability and continuity in the operation of the Platform and/or the Website. However, this does not imply that the Customer has a right to the permanent and uninterrupted availability of the Platform. Qamarero adopts various protection measures to safeguard the Platform, the Website and the Contents from third-party computer attacks.

Qamarero will only be liable to the Customer in cases of damages arising from incorrect, incomplete or late data transmission or unavailability of the Platform and/or the Website due to failures directly and solely attributable to Qamarero. Similarly, if the use of the Platform and/or data transmission through it causes damage or defects to the Customer’s hardware or software, Qamarero will be liable insofar as it is proven that such damages were directly and solely caused by the Platform.

In no event shall Qamarero be liable for indirect, incidental, consequential damages, loss of profits, loss of data (except for breach of its custody obligations), loss of business or punitive damages, whatever the cause.

Qamarero’s total aggregated liability to the Customer for any reason arising from these Terms shall not exceed the total amount effectively paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.

The Customer shall be the sole responsible for compliance with the legal obligations applicable to their activity, including those arising from tax, accounting, consumer protection, health, data protection and any other regulations. Qamarero shall not be liable for the use the Customer makes of the information and functionalities provided by the Platform nor guarantee that it complies with the Customer’s specific requirements or is suitable for a particular purpose not expressly contemplated in the description of the Service.

Qamarero shall not be liable for damages arising from interruptions, errors, delays or failures in the operation of the Platform caused by circumstances beyond its reasonable control, including telecommunications failures, power outages, computer attacks, force majeure or third-party actions.

11. Confidentiality

Both parties undertake to maintain the strictest confidentiality regarding all non-public information of the other party to which they have access by virtue of the contractual relationship, including, without limitation, technical, commercial, financial, organisational and business information.

This confidentiality obligation will remain in force for the duration of the contract and for a period of two (2) years after its termination for any reason. Information that is in the public domain, lawfully obtained from a third party without confidentiality restriction, or that must be disclosed by legal mandate or competent authority requirement, will not be considered confidential.

12. Force majeure

Neither party will be liable for the breach of its obligations when this is due to circumstances of force majeure in accordance with article 1.105 of the Spanish Civil Code, including, by way of example, natural disasters, pandemics, strikes, armed conflicts, terrorist acts, widespread telecommunications or power failures, government decisions or any other cause beyond the reasonable control of the affected party. The affected party must notify the other of the occurrence of force majeure as soon as possible.

13. Notifications

Qamarero may make the necessary notifications to the Customer through the Platform, through the email address provided in the registration form, by SMS or by ordinary mail to the address provided by the Customer. Notifications will be deemed validly made upon sending to the recipient’s email.

The Customer may direct its communications to Qamarero through the contact channels enabled on the Platform or the Website, or to the email: info@qamarero.com.

Qamarero provides the Customer with technical support and customer service in the terms and schedules defined in the contracted Subscription plan or published on the Website.

14. Assignment

The Customer may not assign its rights and obligations under these Terms without the prior written consent of Qamarero.

Qamarero may assign its contractual position to any entity of its business group, as well as to any person or entity that succeeds it in the exercise of its business by any title, notifying the Customer.

15. Partial nullity

If any clause of these Terms is declared null, invalid or unenforceable by a competent court, such nullity will not affect the validity and enforceability of the remaining clauses, which will remain in full force and effect. The parties will negotiate in good faith a substitute clause that reflects, as far as possible, the original intention of the null clause.

16. Entire agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement and, where applicable, the particular conditions of each Subscription plan, constitute the entire agreement between the parties in relation to their subject matter and supersede any previous agreement, commitment or statement, oral or written, relating to it.

17. Applicable law and jurisdiction

These Terms, as well as the relationship between Qamarero and the Customer, shall be governed by and interpreted in accordance with Spanish law.

For the resolution of any dispute arising from the interpretation, compliance or execution of these Terms, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of Seville. The foregoing is without prejudice to Qamarero’s right to bring actions in any other competent jurisdiction for the protection of its intellectual and industrial property rights.

Qamarero has official complaint forms available to consumers and users. You may request them through our contact channels. You may send your complaints and claims through the email info@qamarero.com, which will be attended to by our customer service within the shortest possible time and, in any case, within the legally established period.

Contact details

QR PAYMENTS, S.L. (Qamarero)

  • Tax ID: B67982603
  • Address: Calle Triana 4, Valencina de la Concepción (41907), Seville, Spain
  • Commercial Registry of Seville: Volume 7194, Folio 46, Sheet SE-133.998
  • Email: info@qamarero.com
  • Website: www.qamarero.com

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