1. Introduction
Welcome to Guava. These Terms & Conditions (“Terms”) govern your access to and use of the Guava Platform, including Guava, Guavagram, and any related services, software, APIs, or tools (collectively, the “Services”).
By creating an account, accessing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
Guava is built to help hospitality businesses operate better — not to lock you in, exploit your data, or hide critical rules. These Terms are written to be as clear and practical as possible.
2. Definitions
- GuavaThe company providing the Services, including its subsidiaries and affiliates.
- The PlatformThe Guava operating system for hospitality, including POS, inventory, bookings, employees, analytics, AI tools, and dashboards.
- GuavagramThe customer-facing link-in-bio, digital menu, booking, ordering, and engagement layer powered by Guava.
- You / CustomerThe business entity or individual creating an account or using the Services.
- End UsersYour customers (e.g. diners) who interact with your menu, bookings, orders, or content.
3. Eligibility & Account Registration
To use Guava, you must:
- Be at least 18 years old.
- Have the legal authority to bind the business you represent.
- Provide accurate, complete, and up-to-date information.
You are responsible for:
- All activity occurring under your account.
- Keeping login credentials secure.
- Ensuring staff access levels are assigned appropriately.
Account Responsibility
Guava is not responsible for losses caused by shared credentials, misconfigured permissions, or unauthorized internal access.
4. Scope of Services
Guava provides software tools that may include, depending on your plan:
- POS, orders, payments, and kitchen workflows.
- Inventory, suppliers, invoices, and document analysis.
- Bookings, digital menus, and customer engagement.
- Employee scheduling, time tracking, and task management.
- Analytics, reporting, and AI-powered recommendations.
- Marketing tools, promotions, and CRM features.
Specific features, limits, and pricing depend on your selected plan and may change over time.
5. AI, Automation & Recommendations
Guava includes AI-powered features designed to assist, not replace, human decision-making.
Provide suggestions, forecasts, alerts, and optimizations that you can review and approve before execution.
We do not take irreversible operational actions without your consent, nor do we guarantee AI outputs are error-free.
You acknowledge that:
- AI outputs are probabilistic and informational.
- Final business decisions remain your responsibility.
- Guava is not liable for losses caused by reliance on AI suggestions.
6. Data Ownership & Usage
You retain full ownership of your business data and customer data.
Guava acts as a data processor, using data only to:
- Provide and improve the Services.
- Generate analytics and reports for you.
- Operate AI and automation features.
- Comply with legal obligations.
We do not sell your data or use it for third-party advertising without explicit consent. Details are covered in our Privacy Policy.
7. Payments, Billing & Taxes
If you subscribe to a paid plan:
- Fees are billed in advance unless stated otherwise.
- Prices are exclusive of applicable taxes unless specified.
- You are responsible for VAT, sales tax, or similar charges.
Failure to pay may result in:
- Feature limitations.
- Account suspension.
- Termination after reasonable notice.
Refunds, if any, are governed by the specific plan terms and applicable law.
8. Acceptable Use
You agree not to:
- Use the Services for unlawful activities.
- Reverse engineer, copy, or resell the software without authorization.
- Upload malicious code, spam, or abusive content.
- Use Guava to violate consumer protection, labor, or data laws.
Guava reserves the right to suspend or terminate accounts that violate these rules.
9. Service Availability & Changes
We aim for high availability but do not guarantee uninterrupted service.
You acknowledge that:
- Features may evolve, be added, modified, or removed.
- Temporary downtime may occur for maintenance or updates.
- Some features may be discontinued with reasonable notice.
10. Termination
You may terminate your account at any time.
Guava may terminate or suspend access if:
- These Terms are violated.
- Required by law.
- Continued use poses security or legal risks.
Upon termination:
- Access to the Services will stop.
- You may request data export within a reasonable period.
- Outstanding fees remain payable.
11. Limitation of Liability
To the maximum extent permitted by law:
- Guava is not liable for indirect, incidental, or consequential damages.
- Total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
Nothing in these Terms limits liability where such limitation is prohibited by law.
12. Indemnification
You agree to indemnify and hold harmless Guava from claims arising out of:
- Your misuse of the Services.
- Violations of laws or third-party rights.
- Content or data you provide through the Platform.
13. Governing Law
Unless otherwise required by mandatory local law, these Terms are governed by the laws of the jurisdiction where Guava is incorporated, without regard to conflict-of-law principles.
14. Changes to These Terms
We may update these Terms from time to time. When we do:
- The “Last Updated” date will be revised.
- Material changes will be communicated where required.
Continued use of the Services constitutes acceptance of the updated Terms.
15. Contact Us
Questions about these Terms?
Our legal team is available to clarify rights, obligations, and usage rules.
Guava Inc. Legal Dept.
123 Innovation Drive, Suite 400
San Francisco, CA 94105
