Terms and Conditions

1. Description of the service

Degusty is a digital platform related to gastronomy, business discovery and social content, which may enable features such as:

• Discovering restaurants, businesses, profiles, events, dishes, menus and promotions.
• Viewing nearby results or results filtered by city, region, cuisine or food categories.
• Publishing photos, videos, text, reviews, comments, promotions and food-related content.
• Creating or managing profiles for consumers, ambassadors, companies, restaurants or organizations.
• Following profiles or events, interacting with posts and consulting metrics or insights enabled by the applicable plan.
• Purchasing plans, subscriptions or paid features when available.

2. Account types and eligibility

Degusty may offer different account types or roles, including consumer users, businesses or restaurants, ambassadors, organizations and administrative or moderation staff.

To use certain features, you must provide truthful, complete and up-to-date information. You are responsible for the confidentiality of your credentials and for all activity carried out from your account.

3. Profiles, companies and organizations

When you use Degusty on behalf of a company, restaurant or organization, you declare that you have sufficient authority to manage the profile, publish content, configure promotions, manage commercial information and act on behalf of that entity within the platform.

You are responsible for the accuracy of the commercial information published, including hours, location, prices, promotions, menus, dishes, availability, contact details, banners, logos and descriptions.

4. User content

Degusty may allow the publication of content such as images, videos, descriptions, comments, reviews, promotions, multimedia material, events and other elements related to profiles, companies, dishes or menus.

The user who publishes content is solely responsible for that content, its lawfulness, accuracy, authorization, context, commercial truthfulness and compliance with these Terms.

Importing from Instagram. If the Instagram account added to your profile mentions @degustyapp in the caption of a post, Degusty copies that post to your profile.

From that post we copy:

• The photos. From a carousel, only the photos.
• The video, if it lasts up to 30 seconds and weighs up to 150 MB.
• The caption, the link to the original post and the name of the Instagram account.

The copied post stays under review, and other people see it only if we approve it.

Each copied video uses a video space on your profile. If you have none free, we buy one with your credits. If you have no credits either, we do not copy the video.

Posts without a caption are not copied. Neither are posts with protected content, such as licensed music, because Instagram does not hand those files over to us.

By mentioning @degustyapp you declare that you hold the rights to that content, under section 5.

To stop copying posts, stop mentioning @degustyapp or remove the Instagram account from your profile. To remove what was already copied, write to us at legal@darpsoft.com.

5. License over the content

By publishing content on Degusty, you represent and warrant that you hold the rights, permissions and authorizations necessary to do so. You also grant Degusty a non-exclusive, worldwide, revocable, sublicensable license, reasonably necessary to host, reproduce, adapt, communicate, display and distribute that content within the operation, improvement, promotion and running of the service.

6. Music, audio and intellectual property

Uploading or sharing content that includes commercial music, protected audio, images, videos, trademarks or any other third-party material without due authorization is prohibited.

The fact that content was uploaded by a user, business or ambassador does not remove their responsibility nor limit Degusty’s powers to restrict, hide or remove the content and apply additional measures.

7. Reporting and content-removal policy

Degusty may operate a system of reports, review, restriction and removal of content. If we receive a valid complaint, a copyright claim, an abuse alert, a commercial dispute or any reasonable signal of non-compliance, we may review the case and adopt measures, including hiding, limiting or removing content, as well as restricting accounts.

Degusty does not guarantee prior review of all content published by users.

Copyright or trademark claims. If content published on Degusty uses your work or your trademark without permission, write to us at legal@darpsoft.com with:

• Your name and a way to contact you.
• The affected work or trademark.
• The link to the content on Degusty.
• Proof that you are the owner, or that you act on the owner’s behalf.
• Your statement that the information is true and that the use is not authorized.

We respond within the following five (5) business days. If the claim is valid, we remove the content and notify whoever published it.

Whoever published the content can reply to that notice with the authorization or with the reasons the use is legitimate. If the reply proves it, we may restore the content.

If an account repeatedly infringes third-party rights, we may suspend or close it, under section 14.

8. Reviews, ratings and validation

The platform may allow reviews, comments and ratings of businesses or dishes, including criteria such as service, ambience, presentation, taste, price or similar.

Degusty may establish mechanisms for the validation, review or moderation of reviews, including validation by receipt, photograph, proximity or other means. It may also reject, limit or remove reviews it considers fraudulent, manipulated, abusive, misleading or contrary to its policies.

9. Posts, promotions and events

Users, ambassadors, businesses or organizations that publish promotions, sponsored posts, events, announcements or commercial information are responsible for that content being truthful, current, lawful and not misleading.

Degusty may limit the visibility, duration, geographic reach, quantity, type or priority of posts and promotions according to the plan, the account category, the product rules or the commercial policy in force.

10. Subscriptions, benefits and usage limits

Some Degusty features may depend on the account type, the contracted plan or usage limits, including but not limited to allowed posts, maximum video duration, playback quality, analytics metrics, visibility, promotions, geography, badges, number of dishes, menus or advanced features.

Degusty may modify, suspend or update plans, benefits, quotas, limits or eligibility rules in accordance with its commercial policy and applicable law.

11. Payments and validations

Where paid features or subscriptions exist, you agree to provide correct and sufficient information for the processing, reconciliation or validation of the payment. Degusty may require references, receipts, sender details or other reasonable elements to confirm an operation.

Transactions may be subject to manual review, subsequent validation, rejection, suspension or refund where there are incidents, suspicions of fraud, operational errors or breaches.

12. Geolocation and area-based features

Some product features depend on the user’s location or on coordinates associated with businesses, cities, regions or current areas. Using these features may require device permissions and may be affected by the technical accuracy available.

13. Prohibited conduct

The following, among other things, is not allowed:

• Publishing illegal, misleading, fraudulent content or content that infringes third-party rights.
• Manipulating reviews, metrics, followers, ratings or analytics events.
• Uploading copyrighted content or trademarks without authorization.
• Impersonating people, restaurants, brands or organizations.
• Using the platform for spam, scraping, technical abuse, interference or improper exploitation.
• Publishing false promotions, misleading prices or substantially inaccurate commercial information.
• Attempting to circumvent plan limits, visibility restrictions or enforcement measures.

14. Moderation, enforcement and strikes

Degusty may apply warnings, temporary limitations, content hiding, post removal, reduced visibility, review rejection, feature suspension, strikes, account suspension or permanent closure, especially in cases of repeated non-compliance, fraud, spam, abuse, intellectual property violations or use contrary to these Terms.

Profile photo. We review every photo you upload to your foodie profile before other people can see it. While it is under review, only you can see it.

We remove a profile photo when it:

• Shows nudity or sexual content.
• Shows violence or hate symbols.
• Does not show your face or a drawing that represents you.
• Uses the image of another person or of a brand.
• Includes contact details or advertising.
• Is blurry.

When we remove your photo, the app shows you the reason. Before uploading another photo, you confirm that you read that notice.

On the third removal we lock your account, and you can no longer sign in with it. If you believe it was a mistake, write to us at soporte@degusty.com.

If we reverse a removal, that removal no longer counts. If we unlock your account, none of your previous removals count.

We keep the removed photo as a record of the decision. We delete it 30 days after you confirm the notice. If you never confirm it, we delete it 180 days after the removal.

15. Analytics and metrics

The platform may record analytics events and interactions to measure the performance of content, profiles, campaigns, posts, videos, dishes, events and user experience.

These metrics may be presented in aggregate or individually depending on the account type, the features enabled and the applicable plan.

16. Service availability

We do not guarantee that Degusty will be available in an uninterrupted, secure, accurate or error-free manner. We may modify, pause, limit or discontinue features, services, plans or integrations at any time.

17. Limitation of liability

To the maximum extent permitted by law, Degusty shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, nor for losses of income, data, reputation, opportunities or profits arising from the use of, or inability to use, the platform.

Degusty shall also not be liable for the truthfulness of reviews, promotions, prices, menus, availability, or the quality of products or services offered by third parties, except where applicable law provides otherwise.

18. Indemnification

You agree to defend, indemnify and hold harmless Degusty, its affiliates, administrators, collaborators and suppliers from claims, damages, losses, penalties, costs and expenses arising from:

• Your use of the platform.
• Your content, promotions, reviews or commercial activity.
• Your breach of these Terms.
• The infringement of third-party rights or of applicable regulations.

19. Termination

Degusty may suspend or terminate your total or partial access to the service at any time, with or without prior notice, if it considers that you have breached these Terms, the applicable policies or current regulations, or if doing so is necessary to protect the platform, its users or third parties.

20. Changes to these Terms

We may update these Terms and Conditions at any time. The current version will be published with its corresponding date. Continued use of the service after such changes may be considered acceptance of the updated version, to the extent permitted by law.

21. Governing law and jurisdiction

These Terms shall be governed by the applicable legislation according to Degusty’s jurisdiction of operation, without prejudice to the mandatory rules applicable to the user. Any dispute shall be submitted to the competent courts and tribunals in accordance with the applicable regulations and with the definitive legal version that Degusty publishes with its complete corporate details.

22. Contact

For legal inquiries, reports or matters related to these Terms, you can contact us at: legal@darpsoft.com