Terms and Conditions

1. Acceptance of Terms

By accessing and using KVTemplate ("the Platform"), you ("the User" or "the Restaurant") agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you must not use the Platform.

2. Description of Service

KVTemplate is a digital platform that provides the following tools for restaurants and food businesses in Ecuador:

• Interactive digital menu accessible via QR code
• Real-time online ordering system
• WhatsApp integration for receiving orders
• Customizable bio pages for social media
• Customer loyalty and retention program
• Business analytics and statistics dashboard
• Marketing and promotions tools
• Customer reviews and ratings management

3. Eligibility and Registration

To use the Platform, you must:

• Be at least 18 years of age
• Have legal capacity to enter into contracts
• Be the owner or authorized representative of a restaurant or food business
• Provide truthful, accurate, and complete information during registration
• Maintain the confidentiality of your access credentials

4. Use of the Platform

KVTemplate offers a free plan with the following features:

• Interactive digital menu with QR code
• Real-time online orders
• WhatsApp integration
• Customizable bio pages
• Basic analytics dashboard
• Review management

The platform is completely free in its current version. We reserve the right to introduce paid plans in the future, of which we will notify you in advance.

5. User Obligations and Business Responsibility

The User (Restaurant) is the sole and exclusive responsible party for the comprehensive management of their business and all operations carried out through the Platform. In particular, the User agrees to:

• Use the Platform only for lawful and legitimate purposes
• Not infringe third-party rights (intellectual property, copyrights, trademarks)
• Not publish illegal, obscene, defamatory, or violent content
• Keep prices, availability, and menu information up to date
• Comply with applicable laws in Ecuador, including consumer protection regulations
• Not engage in activities that may damage, disable, or overload the Platform
• Not attempt to access other users' accounts without authorization

Responsibility for orders and relationships with end customers: The Restaurant is solely responsible for: (a) receiving, confirming, preparing, and delivering orders placed through the Platform within the offered times and conditions; (b) the quality, safety, preparation, and presentation of the food and products offered; (c) resolving any dispute, complaint, claim, return, or refund with their end customers; (d) complying with all health, tax, labor, and any other regulations applicable to their food and beverage business in Ecuador; and (e) holding all permits, licenses, patents, and authorizations required by competent authorities to operate their food and beverage business.

Platform liability exemption regarding the Restaurant's operation: KVTemplate is a technology infrastructure provider that facilitates digital tools (QR menu, online ordering, analytics), but does not participate in the Restaurant's business operation. Consequently, KVTemplate shall not be liable for: (a) the quality, condition, or safety of the food and products offered by the Restaurant; (b) preparation, delivery, or product availability times; (c) prices, charges, billing, or commercial policies that the Restaurant establishes with its customers; (d) contractual relationships, disputes, or claims between the Restaurant and its end customers; (e) the Restaurant's compliance with tax, health, labor, or consumer protection laws; (f) any damage, loss, or incident arising from the consumption of the Restaurant's products or from the interaction between the Restaurant and its customers.

The Restaurant shall hold KVTemplate harmless against any claim, demand, sanction, or loss—including legal fees—arising from the breach of its obligations as a business operator or from the relationship with its end customers.

6. User Content and Copyright Liability

You are the sole and exclusive responsible party for all content you publish, upload, transmit, or display on the Platform, including—without limitation—photographs, images, logos, texts, descriptions, prices, trademarks, trade names, audio or video files, and any other material.

By uploading content, you declare, warrant, and bind yourself to KVTemplate and to third parties to:

• Be the legitimate owner of all intellectual property rights (copyrights, trademarks, image rights, etc.) over the content you publish, or hold the necessary licenses, authorizations, and permissions from the legitimate owner for its use, reproduction, and public display on the Platform.
• Grant KVTemplate a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, translate, store, and display such content exclusively within the framework of providing the service.
• Not violate, infringe, or misappropriate intellectual property rights, privacy rights, publicity rights, trade secrets, or other third-party rights.
• Exclusively and unlimitedly assume all civil, criminal, administrative, or any other liability arising from an infringement of third-party intellectual property rights, holding KVTemplate harmless against any claim, demand, sanction, fine, damage, or loss—including legal fees—originating from the content you publish.

Liability for published content rests exclusively with the account holder. KVTemplate assumes no obligation of active monitoring or prior verification of the ownership of rights over content uploaded by users, without prejudice to the Takedown system described in Section 13 of these Terms.

7. Intellectual Property

KVTemplate and all its components (software, design, logos, trademarks) are intellectual property of KVTemplate or its licensors. Reproduction, distribution, or modification without prior written authorization is prohibited.

The User retains ownership of the content they publish, but grants KVTemplate a worldwide, royalty-free, non-exclusive license to use such content solely for the provision of the service.

8. Limitation of Liability

KVTemplate is provided "as is" and "as available". We do not guarantee that the service will be uninterrupted, secure, or error-free.

KVTemplate shall not be liable for:

• Direct, indirect, incidental, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Technical problems beyond our control
• Business decisions made based on the analytics provided
• Disputes between the restaurant and its customers

9. Indemnification

The User agrees to indemnify, defend, and hold harmless KVTemplate, its directors, employees, and agents from any claim, demand, damage, or liability, including legal fees, arising from the use of the Platform or violation of these Terms.

10. Modification of Service

KVTemplate reserves the right to modify, suspend, or discontinue any aspect of the service at any time. We may also update these Terms periodically. Continued use of the Platform after changes constitutes acceptance of those changes.

11. Termination

Either party may terminate this agreement at any time. The User may cancel their account from the settings panel. KVTemplate may suspend or terminate accounts that violate these Terms.

Upon termination, the User's right to use the Platform ceases immediately. The User may export their content before termination.

12. Applicable Law, Arbitration, and Jurisdiction

These Terms are governed by the laws of the Republic of Ecuador.

Any controversy, dispute, or claim arising from these Terms, their interpretation, or performance shall be resolved through arbitration in law administered by the Arbitration and Mediation Center of the Chamber of Commerce of Quito (CCQ), in accordance with its Regulations in force at the time of the request.

The arbitral tribunal shall consist of one (1) arbitrator appointed by mutual agreement of the parties. In the absence of agreement, the arbitrator shall be appointed by the CCQ Arbitration and Mediation Center.

The arbitration shall be conducted in Spanish, shall have its seat in the city of Quito, Ecuador, and the award shall be final, binding, and unappealable, except for the annulment action recognized in the Ecuadorian Arbitration and Mediation Law. The parties expressly waive any other jurisdiction that may apply.

As an exception to arbitration, KVTemplate may resort to competent courts to request urgent injunctive relief aimed at protecting its intellectual property rights or preventing irreparable damage to the Platform.

13. Takedown System and Intellectual Property Infringement Claim Procedure

KVTemplate respects the intellectual property rights of third parties and expects its users to do the same. We have implemented a Takedown system in accordance with the principles of the Digital Millennium Copyright Act (DMCA) and Ecuadorian intellectual property regulations.

Claim procedure: If you believe that any content published on the Platform infringes your intellectual property rights, you may send a Notice of Infringement to: [email protected], including the following information:

• Identification of the protected work whose right has been allegedly infringed, with a detailed description.
• Precise identification of the infringing content on the Platform, including the URL or direct link to the material.
• Full name, physical address, telephone number, and email address of the claimant.
• A good-faith sworn statement indicating that the use of the material is not authorized by the rights holder, their representative, or the law.
• A statement, under penalty of perjury, that the information contained in the notice is accurate and that the claimant is the rights holder or is authorized to act on behalf of the rights holder.
• Physical or electronic signature of the rights holder or their authorized representative.

Counter-notification: If you, as a user, believe that the removed content does not infringe third-party rights or that you have authorization for its use, you may submit a counter-notification that includes: (a) identification of the removed content; (b) your contact information; (c) a good-faith sworn statement; and (d) acceptance of the jurisdiction of the courts of Quito, Ecuador.

Timeframes: KVTemplate will review notifications within a maximum period of ten (10) business days from receipt. If the notification meets the requirements, we will proceed to remove or disable access to the infringing content and notify the responsible user.

Repeat infringement: KVTemplate reserves the right to suspend or cancel the account of any user who repeatedly infringes third-party intellectual property rights.

Liability exemption: KVTemplate assumes no obligation of active or general monitoring over content published by users. The implementation of this Takedown system does not constitute an obligation of prior supervision.

14. General Provisions

• If any provision of these Terms is declared invalid, the remaining provisions shall remain in effect.
• KVTemplate's failure to enforce any right does not constitute a waiver of that right.
• These Terms constitute the complete agreement between the parties.

15. Contact

For questions about these Terms, to exercise your rights, or to file claims:

• Email: [email protected]
• Contact form