TERMS OF USE
1 INTRODUCTION
1.1 Qvist is a sustainable digital menu and social networking platform for environmentally conscious businesses and users.
1.2 These terms of use (“Terms”) apply to Qvist App(“the App”), specifically to the Europian Union areas(“EU”) of the site. By accessing the App you agree to be bound by these Terms. If you do not wish to be bound by the Terms you should not access or use the App.
1.3 The App is offered from the Netherlands by QVIST B.V. which is a company registered in the Netherlands with registration number 867066544, (collectively referred to as "our", "us", “Qvist” and "we"). Our registered office and postal address is Singel 126, 1015AE Amsterdam
1.4 Your use of the App is also subject to our Privacy and Cookie Policy, which you should read before accessing the App.
1.5 These Terms were last updated in December 2024.
2 USER ACCOUNTS
2.1 In order to use of the App, you may need to create an account (“User Account”). You can create a User Account on the App using your email address. This data is stored by us for your profile. You can choose what personal information is displayed on the App. Additionally, if you amend details about yourself within your User Account this data will be retained as the master copy of your data. If you choose to deactivate your User Account, all your data will be deleted by us.
2.2 You are solely responsible for the activity that occurs on your User Account, and so we suggest that you keep your User Account password secure. You must notify us immediately if you are aware of any unauthorised use of your User Account.
2.3 Users in the application are divided into two; personal users and corporate users. While it is sufficient for personal users to register to the application as specified in clause 2.1, corporate users must go to clause 7.
2.4 Corporate users (7) within the app, can send mass notifications about developments and innovations in their own businesses. These notifications will be made without using any user data, and users are deemed to have accepted these notifications by registering to the application.
2.5 Personal users can invite cafes, restaurants, bars and similar places they deem appropriate to the application via their contact email adress. If, as a result of these invitations, the mentioned places register to the application and become corporate users, they can earn from the package purchased by that corporate user.
2.6 Personal users that invited and made corporate users will receive a share of their purchased plan revenues. This share is determined under the following conditions:
2.6.1 Income Rate: Personal users are entitled to a revenue share of 20% of the net revenue generated from the plans purchased by corporate users on the Qvist platform.
2.6.2 Payment Terms: Payments will be made monthly, and the revenues from plan purchases will be transfered by bank in the first week of the following month.
2.6.3 A minimum payment threshold can be set for the payment of proceeds (for example, $100). Income that does not reach this threshold can be carried over to the next pay period.
2.4 Please review the Privacy Policy for details of how we use your personal data.
3 USING THE APP
3.1 Wherever you are asked to provide information in connection with the App, you agree to provide true, accurate, current and complete details. You are not obliged to provide Qvist with any optional information requested.
3.2 You agree not to:
3.2.1 impersonate another person or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
3.2.2 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: (i) the owner of the data, computer or device has taken steps to prevent you from doing this; or (ii) the owner has expressed a wish that you do not do this;
3.2.3 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
3.2.4 damage, interfere with or disrupt access to the App or do anything which might impair its functionality;
3.2.5 use the App in any way to send unsolicited (commercial or otherwise) e-mails or any material for marketing or publicity purposes, or any similar abuse of either without our consent;
3.2.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information via the App;
3.2.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software via the App;
3.2.8 falsify the true ownership of software or other material or information contained in a file made available via the App;
3.2.9 use the App or any part of the Content for business or commercial purposes outline of the App’s terms ; and/or
3.2.10 obtain or attempt to obtain unauthorised access, through whatever means, to the App.
3.3 We will permit you to app, provided you comply with the following:
3.3.1 you only do so in a way that is fair and legal and does not take advantage of or damage our reputation; and
3.3.2 you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted.
3.4 We reserve our right to withdraw our permission to link in clause 3.3 at any time without notice.
4 USER SUBMISSIONS
4.1 We may now or in the future allow the submission to the App of lists and/or other communications or materials by users of the App(collectively “User Submissions”).
4.2 User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the App from time to time.
4.3 By submitting any User Submissions to the App you hereby grant to:
4.3.1 Qvist is a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive licence and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the User Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees; and
4.3.2 each user of the App, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the App.
4.4 Subject to clause 4.3.1 you shall retain all of your ownership rights in the User Submissions.
4.5 By submitting User Submissions to the App you warrant, represent and undertake to us that you have full power and authority to grant the rights and licences relating to the User Submissions set out in this agreement and that the User Submissions you submit:
4.5.1 do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy;
4.5.2 do not violate any law, statute, ordinance or regulation;
4.5.3 are not defamatory, libellous, threatening or harassing;
4.5.4 are not obscene or pornographic;
4.5.5 do not violate any laws;
4.5.6 do not include e-mail addresses, URLs to personal Apps and/or blogs or phone numbers, and/or
4.5.7 are not a report of someone else’s experience.
4.6 If you choose to submit a list or material it must be your description of the experience you had with friends, family or on your own. We encourage material that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.
4.7 By submitting a review to the App you hereby confirm that the list and material is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are publishing, have not been offered any incentive or payment to publish and have no personal grievances to air. If it is otherwise, you are obligated to inform the other users in your material.
4.8 You acknowledge and agree that you understand that Qvist has a zero-tolerance policy on fake reviews.
4.10 Lists and used language must be:
4.10.1 user-friendly: contain no profanities, threats, prejudiced comments, hate speech, sexually explicit language or other content that is not appropriate for other users;
4.10.2 unique and independent: you should write one review about a first-hand experience on any given cafe, bar, event, restaurant or attraction;
4.10.3 original: contain no substantially quoted material from other sources, including (but not limited to) Apps, e-mail correspondence, other reviews, etc.;
4.10.4 non-commercial: contain no promotional material of any kind, including self-promotional URLs. We reserve the right to reject any URL, e-mail address or phone number for any reason and reserve the right to delete any section containing promotional material from reviews;
4.10.5 submitted by persons over the age of 13;
4.10.6 submitted with a valid e-mail address; and
4.10.7 submitted with no HTML tags and no excessive ALL CAPS, slang or typographic symbols.
4.12 We do not endorse any User Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the App.
4.13 We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission conditions and/or breach of any intellectual property rights.
4.14 You acknowledge that when using the App, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
4.15 If you believe any of the User Submissions on the App are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us at qvist@qvist.app On our receipt of such notice we shall commence an investigation into the submission in question and/or temporarily or permanently remove the submission at our sole discretion.
5 WHAT WE WILL DO
5.1 We will use our reasonable endeavours to maintain the App. The App is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the App because of a failure, suspension or withdrawal of all or part of the App for any reason.
5.2 We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any app partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change, such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the App, such information, where capable of change, is confirmed with the applicable venue, facility or service provider.
6 ACCESS TO THE APP & WHAT WE CAN DO
6.1 While we endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is unavailable at any time or for any period. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.2 We can at any time:
6.2.1 modify or withdraw, temporarily or permanently, the App (or any part of it) for business and operational reasons in which event we shall try and give you reasonable notice of any suspension or withdrawal and we shall not be liable to you or any third party for any modification to or withdrawal of the App; and/or
6.2.2 change these Terms. Your continued use of the App (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the App; and/or
6.2.3 monitor any activity and content associated with the App. We may investigate any reported violation of these Terms (and/or our App Purchase Terms and Conditions, Privacy Notice and Cookie Policy) or complaints relating to the App and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the App and/or removing any materials from the App).
7 CORPORATE USERS
7.1 Qvist offers the opportunity to view digital menus, save and share businesses of the restaurants, cafes and other units (“corporate users”, “businesses”) in their lists. Corporate users can benefit from services such as menu publishing, advertising and generating income. The app is free for individual users, while there are plans available for corporate users.
7.2 Available plans for corporate users;
7.2.1 Free Plan: 1 digital menu can be created.
7.2.2 $19 Plan: 2 digital menus can be added, menu customization, adding pop-ups, sending mass messages to subscribers.
7.2.3 $69 Plan: Unlimited menu, domain integration, ability to add ads and generate revenue.
7.2.4 $129 Plan: Adds reservation system, premium design service and 24/7 support.
7.2.5 Qvist has a right to add other partner plans or discontinue a plan at any time. In the case of this, Qvist must inform the app partners via their contact information prior to the change.
7.3 When businesses use their own platforms as advertising space, this relationship is established entirely between the partner and the advertiser. Qvist is not affiliated with this agreement. Qvist has the right to review and approve all advertisements. Ads containing misleading, harmful, unethical or illegal content may be rejected or taken down, we are only obliged to source digital space for its partner and share the number of users viewing the partner's business profile. During the ad approval process, Qvist may provide feedback to the business and request corrections as necessary.
7.4 The App may contain hyperlinks to websites and resources owned and operated by third parties and other businesses. These websites and resources have their own terms of use and privacy policies which you will need to comply with if you access such third party sites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
7.5 Third party links (including advertisements) do not imply that we endorse, are affiliated or associated with any linked websites, or are legally authorised to use any intellectual property accessible through such links.
7.6 App partners must also verify their business account with a legal document comply with their regional law regulations.
7.7 Location information for some EU listings on our Apps uses ceremonial county, local authority and boundary data sets licensed under the local and EU regulations and liability is on app partner of any given cafe, bar, event, restaurant or attractions provider.
8 ADVERTISING SERVICES
8.1 Qvist collects and provides businesses with data about ad performance. This data will be used to analyze how users interact with ads and provide reports to businesses. Collected data may be anonymized and shared with third parties (advertising networks, analytics companies).
8.2 Businesses are informed about the confidentiality of advertising data collected by Qvist and users' personal data is not shared with businesses. Qvist takes responsibility for not sharing the data of businesses advertising on the platform with third parties.
8.3 Qvist cannot make any guarantees about the performance or effectiveness of ads. The number of potential customers or earnings that the advertisement will bring depends entirely on the advertising content and target audience of the business.
8.4 Businesses are responsible for the accuracy and legality of advertising content. In case misleading or illegal information is provided in advertisements, the legal liability rests entirely with the business. Qvist is not responsible for the control or accuracy of the contents. However, advertisements may be removed from publication if illegal content is detected.
8.5 Qvist may terminate the contract and remove the relevant advertisement if the business violates the agreement or the Terms or the advertising contents are illegal.
8.6 The business can terminate their advertisement on the Qvist platform at any time. However, in case of termination, the earned income until that period will be paid to the business.
9 LIMITATION OF LIABILITY
9.1 You agree that you use the App entirely at your own risk.
9.2 The App is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the App, or products or services offered on the App whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, availability, non-infringement, compatibility, security, accuracy, condition or completeness or any implied warranty arising from course of dealing or usage or trade.
9.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the App or products or services offered on the App whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the App or the server which makes it available or products or services offered on the App whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the App.
9.4 Subject to clause 9.5, Qvist shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the App, the provision of or failure to provide services, or for any information obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, or otherwise, without limitation, even if Qvist has been advised of the possibility of damage.
9.5 If defective digital content that Qvist has supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill Qvist will either repair the damage or pay you compensation. However, Qvist will not be liable for damage that you could have avoided by following our advice to apply an update or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.6 If you are dissatisfied with any portion of the App, or with any of the Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App.
9.7 Notwithstanding anything in these Terms Qvist does not disclaim liability for death or injury caused by its own negligence or any other liability where it would be unlawful to do so. Nothing in these Terms shall affect your statutory rights as consumer.
9.8 Qvist reserves the right to remove any information or material on the App without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
10 INDEMNITY
10.1 You undertake to Qvist that you will not use the App for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
10.2 You agree to indemnify Qvist, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of the undertaking at clause 10.1.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The App, and all the information and graphic representations or images on it (“Content”) are owned by, or licensed to, one of the group companies listed in the table below. Depending on the area of the App you are using, the copyright and all other intellectual property rights in the Content are the sole and exclusive property of one of the following entities, or its licensors:
11.2 You may view the App on your phone or computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. You may not use the App or the Content in any other way, such as to transfer, copy, publish, reproduce, modify, or create new works from, any part of the Content, App or source code, by any means
11.3 Without our prior written consent, you may not use, transfer, copy or reproduce any part of the Content, the App or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content. This includes electronic reproduction by uploading or downloading.
11.4 Qvist does not permit the use of the Content on any artificial intelligence (AI) or machine learning platform, tool, software or system in any way (including without limitation any use of the Content for training or as part of retrieval-augmented generation), without our prior written approval. You are also not permitted to give archived or cached data sets containing the Content to another person or entity.
11.5 You warrant that it is legal for you to view this App in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
12 VIRUS PROTECTION AND COMPATIBILITY
12.1 While certain precautions have been taken to detect computer viruses and ensure security, Qvist cannot guarantee that the App is virus-free and secure.
12.2 Qvist shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Qvist does not give any warranties as to the compatibility of the App with your computer systems, software and/or hardware.
13 TERMINATION
Qvist may restrict your access to the App, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
13.1 there is a regulatory or statutory change limiting the ability to provide access to the App;
13.2 there is any event beyond the reasonable control of Qvist preventing Qvist from providing access to the App (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
13.3 Qvist considers in its sole discretion that you are abusing the App or are otherwise acting in breach of these Terms.
14 GENERAL
14.1 A failure or delay by Qvist in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
14.3 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
14.4 These Terms, our Privacy Notice, Cookie Policy and e-commerce terms and conditions together constitute the entire agreement between you and Qvist as to your use of the App and shall supersede any prior agreement or representation in respect thereof.
14.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
14.6 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the App.
14.7 Netherland law governs these Terms. You submit to the non-exclusive jurisdiction of the Netherland’s courts.
15 CONTACT INFO
Email: qvist@qvist.com
Phone: +905437160816
Office Adress: Singel 126, 1015AE Amsterdam
Postal adress: Singel 126, 1015AE Amsterdam