Omakasia general terms of service

Version 2026-11.2, in force from 4 November 2026. Accepted when you create a venue on the platform. This is a translation for your convenience: in case of discrepancy, the Spanish version prevails.

1. Who we are and who the service is for

1.1. These Terms are a contract between OMAKASIA SL, whose details appear above ("Omakasia"), and the business or professional who subscribes to the service (the "Customer").

1.2. The service is for businesses only. The Customer declares that it contracts as a business or professional, for its hospitality or restaurant activity, and not as a consumer.

1.3. Anyone accepting these Terms on behalf of a company or other entity declares that they have authority to bind it.

1.4. To subscribe, the Customer provides its company name, tax ID or equivalent, address and activity, and keeps them up to date.

2. How the Terms are accepted

2.1. The contract is concluded when the Customer ticks the acceptance box and creates its venue. Before doing so, it can read, save and print these Terms from this page.

2.2. Omakasia keeps a record of the version accepted, the date, the time and the user who accepted. Each version shows its number at the top of this page.

2.3. As both parties are businesses, they agree that the prior-information and post-contract confirmation obligations of articles 27.1 and 28.1 of Spanish Law 34/2002 do not apply, without prejudice to 2.1 and 2.2.

2.4. The contract also includes: the data processing agreement the Customer accepts under "Your account → Data and privacy"; the prices and conditions shown to the Customer before subscribing to a Module, a top-up or a service; and, where one exists, the annex for the Customer's country. On personal data, the data processing agreement prevails; on everything else, the country annex prevails, followed by these Terms.

2.5. The website, marketing materials, the Campus and the Assistant's answers describe the service, but they are not warranties and do not form part of the contract.

3. The service

3.1. Omakasia gives the Customer online access, for the term of the contract, to the Modules it has subscribed to. This is a limited, non-exclusive, non-transferable and revocable licence to use, solely for its own business and its registered venues.

3.2. Omakasia may change, improve or withdraw features. If it withdraws an essential feature of a subscribed Module, clause 15 applies.

3.3. The service relies on third-party services that Omakasia does not control: cloud hosting, payment gateways, social networks, messaging, email and artificial intelligence model providers, and any systems the Customer chooses to connect. Omakasia chooses its providers with care but is not liable for how those services work.

3.4. Features marked as beta or in testing are offered for the Customer to evaluate and may change or disappear.

4. What Omakasia commits to

• Providing the service with the diligence of a professional software provider.
• Applying reasonable security measures and making regular backups of the Customer's data.
• Dealing with the incidents the Customer reports and fixing, within a reasonable time, errors that prevent the use of an essential feature.
• Giving reasonable notice of scheduled maintenance that affects the service.

Omakasia does not commit to an availability figure.

5. What the Customer commits to

5.1. The Customer is responsible for:

• the data and content it enters: menu, prices, allergens, opening hours, images, texts and its own customers' data;
• the configuration of the service, including tax settings: tax rates, issuer details and invoice series;
• its legal and tax obligations: filing and paying its taxes and keeping its records;
• having the consent or legal basis needed to process its diners' data and to send them communications;
• reviewing everything the Assistant generates or proposes before using or publishing it;
• its devices, printers, network and internet connection;
• keeping its credentials and PINs safe, being responsible for what its team does with them, and reporting immediately any suspected unauthorised access.

5.2. The Customer may not:

• alter, disable or circumvent the recording and invoicing functions;
• copy, systematically download, reproduce, modify or translate the software or any part of it, including the code the browser receives in order to run;
• decompile, disassemble or reverse engineer it, except to the extent mandatory law allows;
• use Omakasia, or what it learns from using it, to build, train or improve a competing product or service;
• assign, resell, rent or share access with third parties outside the venue, or give anyone access in order to analyse the software;
• bypass technical protection measures, usage limits or access controls, or extract data, screens or code by automated means;
• use the service unlawfully.

5.3. The service does not provide tax, accounting, employment or legal advice. The calculations, reports and drafts it produces are an aid that the Customer must review with its adviser.

6. Price and payment

6.1. The Customer pays the monthly fee for each subscribed Module, which it sees before subscribing under "Your account → Subscription". Prices exclude taxes: Customers established in Spain are charged the applicable VAT on top.

6.2. Signing up is free. From sign-up, the Customer has 10 days to set up the service at no cost (the “set-up period”). During that period the Customer can set up the Modules and see them in preview, but cannot use them with third parties: no bookings are accepted, no receipts or invoices are issued, no payments are taken, no page is published, no communications are sent to the Customer’s guests and the Assistant is not available. The set-up period is not a trial of the service. To use the service, the Customer activates the subscription and pays in advance from that day.

6.3. The fee is charged every month on the date the subscription was activated, using the payment method the Customer has provided. If a Module is added mid-period, the adjustment to align it with the general period is shown before subscribing.

6.4. If a payment fails, it is retried over the following three days. If it is not collected, Omakasia may suspend access until it is paid, and reactivation requires payment in advance.

6.5. Fees paid are not refunded, except in the cases of clauses 12.4 and 15.3 or where the law requires it. Duplicate charges made in error are always refunded.

6.6. Assistant top-ups, SMS messages and One More Thing custom developments are paid separately, at the price and on the conditions shown before ordering them.

7. Suspension

7.1. Omakasia may suspend all or part of the service, with prior notice where possible, if there is a security risk, if the Customer breaches clause 5.2, if a law or an authority requires it, or if an essential provider suspends the service it provides to Omakasia.

7.2. Omakasia lifts the suspension as soon as its cause disappears. It is not liable for damage caused by a suspension made under this clause or clause 6.4.

8. Customer data and content

8.1. The data and content the Customer enters into the service belong to the Customer. Omakasia uses them only to provide the service, support it, keep it secure and comply with the law.

8.2. As regards the personal data of the Customer's diners, employees and suppliers, the Customer is the controller and Omakasia acts as processor, under the data processing agreement.

8.3. Omakasia does not use the Customer's data to train artificial intelligence models. It may compile aggregated, anonymous statistics on the use of the service in order to improve it.

8.4. The Customer can export its data at any time under "Your account → Data and privacy". Omakasia's backups are for restoring the service after a failure and do not replace the exports the Customer wishes to keep.

8.5. Omakasia does not store full card details. Diners' payments are processed by an authorised payment institution. If the Customer collects payments with its own account, Omakasia does not receive that money. If it chooses to have Omakasia collect on its behalf, the conditions shown when activating that option also apply.

9. The Assistant (Slinky)

9.1. Slinky is an artificial intelligence assistant. It runs on third-party models.

9.2. Its answers, texts, calculations and proposals may be incorrect, incomplete or out of date, even when they seem confident and detailed. The Customer must check them before using or publishing them or making decisions based on them, and must make its team members who use the Assistant aware of this.

9.3. Actions the Customer asks the Assistant to carry out on its account are confirmed before they are applied and, once confirmed, are deemed to have been carried out by the Customer.

9.4. The Customer will not use the Assistant to make decisions with legal effects on people without human review, nor as a substitute for a professional adviser.

10. Intellectual property

10.1. The software, its code, design, texts, data structure, trademarks and documentation belong to Omakasia. The contract grants no rights over them beyond the licence in clause 3.1.

10.2. The texts, images and posts the service generates for the Customer from its data belong to the Customer, to the extent the law allows. The Customer is responsible for checking that it may use them.

10.3. If the Customer sends ideas or suggestions for improvement, Omakasia may use them without any obligation to compensate the Customer.

11. What Omakasia does not warrant

11.1. Apart from the commitments in clause 4, the service is provided "as is" and "as available". No software is free of errors, and Omakasia does not promise that its software is.

11.2. In particular, and to the extent the law allows, Omakasia does not warrant:

• that the service will work without interruptions or errors, or that every error will be fixed;
• that the calculations, reports, forecasts and outputs of the Assistant are accurate or complete;
• that the service is fit for a particular purpose of the Customer or will produce a given financial result, such as a number of bookings or sales;
• that the service complies with the tax, invoicing or cash-register rules of countries other than Spain;
• the operation of third-party services, devices and networks.

11.3. Nothing in this clause excludes the obligations the law imposes on Omakasia as the producer of an invoicing system in Spain.

12. Limitation of liability

12.1. What is never limited. Nothing in this contract excludes or limits either party's liability for wilful misconduct, gross negligence, death or personal injury, or any other liability that the applicable law does not allow to be excluded or limited.

12.2. Excluded damages. Subject to 12.1, neither party is liable to the other for loss of profit or for loss of revenue, sales, bookings, customers, business opportunities or goodwill, or for any other indirect damage, even if foreseeable.

12.3. Cap. Subject to 12.1, Omakasia's total liability to the Customer for all events occurring in the same contract year shall not exceed the greater of: (a) the fees the Customer paid for the affected Module in the twelve months before the event, or (b) five hundred euros (€500).

12.4. What the Customer can ask for if the service fails. If an error attributable to Omakasia prevents the use of an essential feature of a Module, Omakasia will fix it within a reasonable time. If it fails to do so, the Customer may cancel that Module and receive a refund of the part of the fee corresponding to the days it could not use it. This does not prevent claiming any damages that are due within the limits of this clause.

12.5. Notice. The Customer will report any incident or claim in writing as soon as it becomes aware of the facts, so that Omakasia can fix the problem and reduce the damage. Omakasia is not liable for damage that timely notice would have avoided.

12.6. Why these limits exist. The price of the service has been set on the basis of this allocation of risk. The Customer knows better than anyone what a day of its business is worth and can insure it; Omakasia could not offer the service at this price if it were liable for that without limit. The parties accept this allocation as an essential part of the contract.

13. Third-party claims

13.1. The Customer will hold Omakasia harmless from claims, penalties and reasonable defence costs brought by third parties and arising from: the Customer's data and content, including prices, allergens and menu information; the communications it sends to its diners and any lack of consent or legal basis to process their data; its taxes and tax obligations; its relationship with its diners, employees and suppliers; or the use of the service in breach of this contract or the law.

13.2. The party receiving the claim will notify the other without delay, let it conduct the defence and cooperate with it.

14. Term, cancellation and data on termination

14.1. The contract starts on sign-up and renews every month until the Customer cancels.

14.2. The Customer may cancel a Module or the whole subscription at any time under "Your account". Cancellation takes effect at the end of the period already paid, and until then access is kept.

14.3. Omakasia may terminate the contract with 30 days' notice. It may also terminate it immediately if the Customer seriously breaches the contract and does not remedy the breach within 15 days of being asked to, or if the breach cannot be remedied. Copying, reverse engineering or use to compete lead to immediate termination, without prejudice to any civil and criminal actions available.

14.4. The Customer may terminate the contract immediately if Omakasia seriously breaches its commitments in clause 4 and does not remedy the breach within 15 days of being asked to.

14.5. When the venue is closed, its data is deleted after 30 days. Until then the Customer can export it, or recover the venue by writing to Omakasia. Records the law requires to be kept, such as invoicing records, are kept blocked for the legal period. Exporting data or switching provider is free of charge.

14.6. If the Customer has not activated the subscription when the set-up period ends, access is suspended. Omakasia may extend the period at the Customer’s request. If 30 days after sign-up, or at the end of the extension if later, the subscription has still not been activated, the venue and the account are deleted together with their data. The Customer is notified by email before each step.

15. Changes to the service, the Terms and prices

15.1. Omakasia may change these Terms or its prices for any of these reasons: changes in the law or in the requirements of an authority; changes to the service or its features; changes in its costs or those of its providers; security or abuse-prevention reasons; or correcting errors and clarifying wording.

15.2. Omakasia will notify the Customer by email and within the service at least 30 days in advance. The change will apply from the first billing period starting after those 30 days, and never retroactively. If the Customer disagrees, it may cancel before then without penalty; if it keeps using the service afterwards, it is deemed to accept the change.

15.3. Changes imposed by a law or an authority may apply immediately. If Omakasia withdraws a Module, or stops offering the service in a country, it will give as much notice as possible and refund the part of the fee already paid that corresponds to the days not used.

16. Customers outside Spain

16.1. These Terms are designed for Customers in Spain and the rest of the European Union. The point-of-sale module and invoicing are built for Spanish regulations.

16.2. For some countries, Omakasia may require a specific annex or additional acceptance steps before subscribing. Until one exists, Omakasia may refuse the sign-up.

17. Resolving disagreements

17.1. Before going to court, the party with a claim will notify the other in writing, explaining the facts and what it is asking for. Claims to Omakasia are sent to the contact email shown above.

17.2. The parties will try in good faith to resolve it for 30 days from that notice. Only if they fail may they go to court. This does not prevent applying for urgent interim measures.

17.3. The contract is governed by Spanish law. For any dispute, the parties submit to the courts of Barcelona, unless a mandatory rule provides for another forum.

18. General provisions

18.1. Force majeure. Neither party is liable for failures due to causes beyond its reasonable control, such as widespread internet or cloud-provider outages, large-scale cyberattacks, utility outages, disasters or decisions of authorities. This does not exempt payment of fees already due.

18.2. Severability. If a clause is declared void or unenforceable, the rest remains in force, and the affected clause applies to the fullest extent the law allows.

18.3. Entire agreement. This contract supersedes any prior agreement or communication about the service.

18.4. Assignment. The Customer may not assign the contract without Omakasia's written consent, except together with the transfer of its business. Omakasia may assign it to a company in its group or to whoever acquires its business, notifying the Customer.

18.5. Notices. Communications between the parties are made by email, to the Customer's account address and to Omakasia's contact email, or through the service.

18.6. Language. These Terms are available in Spanish and English. In case of discrepancy, the Spanish version prevails.

18.7. No waiver. A party's failure to enforce a right at a given time does not mean it waives that right.

18.8. Survival. Clauses 8, 10, 11, 12, 13, 14.5, 17 and 18 continue to apply after the contract ends.

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