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Terms and Conditions of Use of Bocatoo

Effective: August 28, 2025

Last update: August 28, 2025

License

  • Bocatoo Software: AGPL-3.0.
  • This document (ToS and Annexes): Creative Commons Attribution 4.0 International (CC BY 4.0). Copying, adapting and reusing is permitted with attribution to Bocatoo. This does not constitute legal advice.

By accessing or using the Platform (Bocatoo website and/or web application), you ("User", if you are an end consumer, or "Business", if you are an affiliated establishment) accept these Terms and Conditions ("ToS"). If you do not agree, do not use the Platform.

1. Object

Bocatoo is a technological platform that allows Users to consult digital menus, place orders and pay at affiliated Businesses (dine-in, counter pickup, or other modalities defined by each Business). Bocatoo does not prepare, sell or deliver food or beverages: it acts as a technological intermediary between Users and Businesses.

2. Acceptance, capacity and scope

2.1. Use implies acceptance of these ToS, the Privacy Policy and the Cookie Policy (available in the app).

2.2. To purchase alcoholic beverages or other restricted products, you must prove legal age according to applicable regulations (18 years in Argentina). Verification is the responsibility of the Business.

2.3. Bocatoo may operate in different jurisdictions; when applicable, the local regulations of the Business serving the order prevail.

3. Definitions

  • Platform: Bocatoo sites, apps, panels, APIs and services.
  • User: person who browses, orders and/or pays through the Platform.
  • Business: affiliated establishment that publishes its menu and receives orders.
  • Order: request for products made by a User to a Business.
  • Payment provider: external processors (e.g., Mercado Pago, MODO, Stripe, PayU or others) integrated by Bocatoo.

4. Bocatoo's role (intermediation)

4.1. Bocatoo is not a seller of products. The relationship for products is established between User and Business.

4.2. Quality, healthiness, composition, availability, preparation/delivery times, billing and after-sales service are the responsibility of the Business.

4.3. Bocatoo does not control or guarantee descriptions, allergens, prices or photographs uploaded by Businesses. If in doubt about ingredients/allergens, the User should consult the Business before ordering.

5. Registration and accounts

5.1. Basic use may be without registration (e.g., QR on table). Some functions may require account creation or data validation.

5.2. The User is responsible for safeguarding their credentials. Orders from their account are presumed valid.

5.3. Bocatoo may suspend or cancel accounts for fraud or non-compliance.

6. Permitted use and license

6.1. Limited, revocable, non-exclusive, non-transferable and non-sublicensable license for personal use in accordance with these ToS.

6.2. Prohibitions: illicit or fraudulent use; reverse engineering; vulnerability testing without authorization; malware; unauthorized scraping; reproduction or distribution of content without permission; sending illegal material or that infringes rights; interference with systems or networks. Bocatoo may investigate, report and collaborate with authorities.

7. Orders, availability and alcohol

7.1. Orders are subject to Business acceptance and availability.

7.2. Alcohol: sale and delivery only to persons over 18 years of age (AR). The Business must verify age and may reject delivery if not proven. Bocatoo is not responsible for improper dispensing by the Business.

7.3. Products restricted by law are governed by applicable regulations and Business policies.

8. Prices, taxes and receipts

8.1. Prices are defined by each Business and may vary; the price shown when confirming the Order applies.

8.2. Tax receipts for products are issued by the Business to the User, in accordance with current regulations.

8.3. Bocatoo may bill its own services to the Business (SaaS model), independent of the User's purchase.

9. Payments and processing

9.1. Payments within the Platform through Payment Providers or at the establishment (cash/physical terminal), as defined by the Business.

9.2. Bocatoo is not a financial entity or payment service provider; capture, tokenization and settlement are performed by Payment Providers. Bocatoo does not store complete card data.

9.3. Once the Order is confirmed, the charge may be made immediately. Settlement policies, chargebacks and fraud prevention are those of the Payment Provider.

9.4. Tips, fees and service charges (if any) are shown before confirming.

10. Refunds and claims

10.1. Incorrect charges in digital payments: report within 48 hours from the charge, with evidence (order number, amount, date/time, photos of the complete order and detail of what is missing/incorrect). If applicable, Bocatoo will manage the refund through the Payment Provider.

10.2. Cash payments or Business TPV: refunds/changes are managed directly with the Business. Bocatoo may mediate in good faith without obligation of result.

10.3. Preparation errors, delays or missing items must be claimed to the Business; Bocatoo may facilitate contact channels.

10.4. Chargebacks and returns are governed by Payment Provider policies and their deadlines.

11. Promotions and credits

11.1. Bocatoo and/or Businesses may offer coupons, credits or discounts with specific conditions and validity.

11.2. Fraudulent use is prohibited (sale, mass distribution, unauthorized redemption). Bocatoo may cancel improperly used benefits and apply measures.

12. Content and intellectual property

12.1. Bocatoo's own content (texts, interfaces, graphics, logos, code, databases) protected by intellectual and industrial property laws.

12.2. Business content (menus, photos, brands, descriptions) belongs to their owners. The Business declares having rights to publish them and keeps Bocatoo harmless from claims.

12.3. Reproduction, modification, distribution, public communication or creation of derivative works without authorization is prohibited.

13. Third-party software and services; open source

13.1. The Platform integrates third-party software/services (e.g., Supabase, Cloudinary, payment processors, messaging, analytics), governed by their own terms.

13.2. Bocatoo may be based on open source components. When applicable, a Third Party License Notice will be made available. Access to app.bocatoo.com.ar does not grant additional rights to the code beyond applicable licenses.

14. Links and third-party services

There may be links or integrations with third-party sites/applications. Bocatoo does not control or respond for their content, availability, security, terms or policies.

15. Data protection and privacy

15.1. Bocatoo processes personal data in accordance with Law 25.326 (AR) and, when applicable, GDPR.

15.2. The Business is responsible for its customers' data (e.g., billing and service); Bocatoo acts as processor where applicable.

15.3. Privacy Policy: available in the app ("Privacy" section).

15.4. Cookie Policy: available in the app ("Cookies" section).

15.5. Channels to exercise rights of access, rectification, updating and deletion, detailed in the Privacy Policy.

16. Security

Bocatoo adopts reasonable technical and organizational measures to protect the Platform; no system is infallible. The User commits to using updated software and reporting incidents to contacto@bocatoo.com.ar.

17. Availability, maintenance and changes

17.1. Bocatoo may perform maintenance, updates or improvements that affect availability, without prior notice when necessary.

17.2. Bocatoo may modify the Platform or these ToS. Changes apply from their publication. Continued use implies acceptance.

18. Liability

18.1. To the maximum extent permitted by law, Bocatoo is not responsible for: (a) User expectations regarding Business products; (b) direct/indirect damages arising from use of the Platform; (c) data loss or lost profits; (d) unavailability or technical failures; (e) Business or third-party content.

18.2. Bocatoo's total liability to the User, if applicable, is limited to the amount actually paid to Bocatoo by the User in the last 3 months for use of the Platform (usually $0 as no charge to end user), excluding amounts for products paid to the Business.

19. Force majeure

Bocatoo is not responsible for non-compliance arising from events outside its reasonable control (internet outages, massive provider failures, disasters, acts of authority, labor conflicts, etc.).

20. Hyperlinks and reports

If you detect a link or content allegedly illegal or infringing rights, notify it to contacto@bocatoo.com.ar with sufficient information for evaluation. Bocatoo will act with reasonable diligence.

21. Duration and termination

Access is of indefinite duration, without continuity obligation. Bocatoo may suspend or terminate access of Users or Businesses that fail to comply with these ToS.

22. Electronic communications

You agree to receive electronic communications related to your account and Orders. You may manage preferences when the function is available.

23. Applicable law and jurisdiction

Unless mandatory rule to the contrary, these ToS are governed by the laws of the Argentine Republic. Disputes are submitted to the National Commercial Courts of the Autonomous City of Buenos Aires, or to the competent Consumer Defense jurisdiction when applicable. Users may resort to administrative mechanisms (e.g., COPREC or local consumer defense authority).

24. Partial nullity

If any clause is declared invalid or inapplicable, it will be limited or eliminated to the minimum extent necessary; the rest remains in force.

25. Language

These ToS may be offered in several languages. In case of discrepancy, the Spanish version prevails.

Annex A — Special conditions for Businesses

A1. Registration and verifications. The Business declares to have the authorizations/licenses required by applicable regulations (sanitary, food safety, tax, etc.). Bocatoo may request documentation and perform reasonable verifications.

A2. Catalog and descriptions. The Business is responsible for loading and maintaining menu, prices, promotions, photographs, allergens and nutritional information in accordance with the law. It must inform additional charges (e.g., table service) when applicable.

A3. Service. The Business assumes preparation times, delivery/pickup, quality, packaging and claim handling. Bocatoo may facilitate dashboards/contact channels without assuming obligations to the User for the Business service.

A4. Payments and commissions. In online payments, the Payment Provider settles according to its operation. Bocatoo may charge the Business commissions, subscriptions or SaaS licenses according to an independent Commercial Agreement. Bocatoo does not custody User funds, except what is strictly necessary for the Payment Provider operation (if applicable).

A5. Taxes. The Business complies with its tax obligations (issuance of receipts to the User, withholdings/retentions, information to authorities). Bocatoo issues invoice to the Business for its services.

A6. Brands. The Business may use logos/QRs/brand materials only to communicate acceptance of orders with Bocatoo, following the Brand Guidelines. Prohibited to suggest sponsorship or association beyond technological integration.

A7. Personal data. Bocatoo and the Business will subscribe, when applicable, a Data Processing Agreement (DPA) (purposes, security, sub-processors, transfers). The Business complies with Law 25.326 and local regulations.

A8. Availability and support. Best effort modality. Bocatoo may schedule maintenance; will notify when reasonable. Support by email at contacto@bocatoo.com.ar.

A9. Indemnity. The Business keeps Bocatoo harmless from User/authority claims for: (a) regulatory non-compliance; (b) sanitary incidents; (c) IP infringements; (d) misleading advertising; (e) service failures; (f) data breaches attributable to the Business.

Annex B — Returns and claims policy (summary)

Scope. Applies to orders managed through the Platform. Does not replace inalienable consumer rights.

Digital payments (in-app). Report to Bocatoo within 48 h from the charge, with evidence (order no., amount, date/time, photos of the complete order and detail of what is missing/incorrect). If applicable, the refund is processed via the Payment Provider to the same means. This internal deadline does not limit legal rights.

Cash payments/Business TPV. Direct management with the Business. Bocatoo may mediate in good faith without obligation of result.

Incorrect/incomplete orders or delays. Claim in situ to the Business. Bocatoo may facilitate contact channels from the app.

Regulatory Compliance (Argentina)

Right of withdrawal: 10 calendar days from delivery or celebration, whichever occurs last. A visible link ("Withdrawal Button") is provided within the app to initiate the process; a procedure code is granted within 24 business hours.

Return expenses: when legally applicable, they are at the provider's expense (not the consumer's).

Exceptions: withdrawal does not apply to perishable or customized products according to current regulations.

Amicable channels: the User may resort to COPREC or another local consumer defense authority. Bocatoo will collaborate with the authorities.

License of this policy text: This Annex B is published under CC BY 4.0. Reusable with attribution to Bocatoo.

Annex C — Contact

General support: contacto@bocatoo.com.ar

Legal/IP inquiries: contacto@bocatoo.com.ar

Security/incidents: contacto@bocatoo.com.ar

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