Tapeo Alpha Tester Agreement

• Alpha — the pre-release period during which Tapeo is made available to a limited cohort of venue operators. Ends at General Availability (GA) or earlier if Atomira terminates the alpha or your access.
• Service — the Tapeo application at tapeo.menu (operator dashboard, public QR-menu pages /[venueSlug], table-ordering routes, kitchen display, staff surface, admin tools) and all transactional email sent from hola@tapeo.menu in connection with it.
• Feedback — any bug report, feature suggestion, criticism, support ticket, screenshot, comment, or other communication you send Atomira about the Service.
• Your Content — venue data, menu content (categories, dishes, descriptions, prices, allergens, translations), uploaded chalkboard / printed-menu photographs, table-layout data, brand fields (logo, colors), and any other material you submit to or create within the Service.

You acknowledge that the Service is pre-release software made available for evaluation, not a finished product. In particular:

• No service-level agreement. Uptime, performance, data durability, and correctness are not guaranteed during the alpha. The Service may be modified, restarted, taken offline, or rolled back at any time without notice — including during the lunch and dinner peaks (13:00–16:00 / 20:00–23:00 CET) when your venue is open.
• Have a fallback. During the alpha you should keep a paper or chalkboard menu ready in case the Service is unreachable mid-service. Atomira will give best-effort notice via hola@tapeo.menu of planned maintenance windows, but cannot guarantee advance warning for incident-driven outages.
• Features may change, regress, or be removed between deployments. Behavior described in onboarding emails, sales conversations, or past sessions is not contractually committed.
• Bugs, data loss, or unexpected behavior may occur. Keep your own copy of any menu change you make outside the Service that you cannot easily recreate (a phone photo of your chalkboard before you scan it is a fine backup).
• Atomira is calibrating the AI prompts that drive OCR, translation, and EU-1169 allergen detection. Reviewing AI output before publishing is your responsibility — see § 5 and Terms of Service § 7.

You confirm you are at least 18 years of age and have authority to bind the venue you operate on Tapeo (as its operator, manager, or owner). You accept this Agreement electronically when you click the magic-link in your alpha-invite email; that click is your binding signature. Atomira records the timestamp, the agreement version, and a SHA-256-hashed identifier of your network origin for auditing.

If you do not accept these terms, do not click the magic-link. You may withdraw consent at any time by contacting hola@tapeo.menu; withdrawal terminates your alpha access immediately under § 8.

Subject to your compliance with this Agreement and the general Terms of Service, Atomira grants you a non-exclusive, non-transferable, revocable right to access and use the Service during the alpha for the ordinary operation of your venue (publishing a digital menu, accepting table-side orders, running the kitchen display, etc.). Atomira may grant your venue the Pro plan or another plan free of charge for the duration of the alpha; Atomira may change that plan grant at any time.

You agree not to:

• share, sublicense, or resell your alpha credentials or magic-link;
• invite a second venue onto your account without prior written approval from Atomira (alpha grants are per-venue, not per-chain);
• automate, scrape, stress-test, or attempt to circumvent the access gate, except via tooling pre-approved in writing by Atomira;
• use the Service to store, generate, or distribute unlawful content; or to misrepresent allergens contrary to EU Regulation 1169/2011 or local food-safety regulation;
• introduce malware or attempt to interfere with the Service or other testers’ access.

You retain all rights, title, and interest in Your Content. By submitting Your Content to the Service you grant Atomira a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, transform, translate, OCR-digitize, and display it solely as necessary to operate the Service and provide it to you and to your diners.

Atomira does not claim ownership of Your Content and does not use Your Content to train machine-learning models without your separate, explicit, opt-in consent. Note that AI features in the Service (OCR, translation, allergen detection, weekly insights) are powered by Google Gemini under our standard agreement with Google — see Privacy Policy § 5 and § 7 for the details and § 7 of the Terms of Service for the AI disclaimer.

You are responsible for the accuracy of prices, ingredients, and allergens published through the Service. Review AI-generated suggestions (translations, OCR-extracted dishes, allergen flags) in the editor before they reach a diner.

You grant Atomira a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use, modify, distribute, and incorporate any Feedback you provide into the Service, into derivative products, and into marketing materials. Atomira may publish anonymised excerpts of Feedback but will not identify you or your venue by name without your prior consent.

Some features are marked “Coming Soon”, “Preview”, “Internal”, or otherwise visually flagged as pre-release. You agree not to publicly describe, screenshot, or benchmark such features (e.g. on social media or in press) until Atomira releases them publicly; to honour any “do not share” markers; and to disclose unannounced features only to colleagues with a need to know who agree to the same confidentiality terms.

Features not so marked may be discussed publicly, including in trade publications, social media, and conversations with other bar operators.

This Agreement begins when you accept it and continues until the earliest of:

• Tapeo’s public General Availability (GA) date;
• Atomira terminating the alpha program;
• Atomira terminating your access for breach, abuse, or any reason it deems necessary;
• you withdrawing consent under § 3.

On termination, Atomira will retain Your Content (menu, table layout, brand fields, order history) for at least 30 days to allow you to export it. After 30 days, Atomira may delete Your Content from active systems; residual copies in the standard daily-backup rotation are erased within 90 days. Provisions of §§ 5 (licence — limited to ongoing-storage purposes), 6, 7, 9, 10, 11, and 13 survive termination.

Atomira processes Your Content and your account information as data controller. The lawful basis during the alpha is the contract embodied in this Agreement (GDPR Art. 6(1)(b)). Your data is stored on Atomira-controlled infrastructure within the European Union (Hetzner Cloud, Germany). The full Privacy Policy at /legal/privacidad applies in all other respects; this section only highlights the alpha-specific operational-log practices.

To debug bugs, investigate incidents, prevent abuse, and improve the Service, Atomira collects and retains operational logs during the alpha. The lawful bases are (a) performance of this Agreement and (b) Atomira’s legitimate interests in operating a reliable service for venue operators.

What is logged:

• Sign-in events: timestamp, provider used (Google OAuth / magic link / dev-test in development), success or failure, SHA-256-hashed network origin. Tied to your user identifier.
• Critical application actions: venue create / edit, menu item create / edit / delete, order create / pay / cancel, table-request create / acknowledge, kitchen / staff actions, plan changes, alpha-grant changes, this Agreement’s acceptance.
• Server-side errors: stack traces, request paths, HTTP status codes, the user identifier of whoever triggered the error.
• AI usage events: each Gemini call by feature (chalkboard OCR, menu OCR, translation, allergen detection, weekly insights), token counts, latency, status, error class — not the prompt or response text.
• Email send events: trigger (magic-link / alpha invite / weekly insights / etc.), recipient, subject, sent / failed / skipped status, error class on failure. The email body itself is not stored — it is rebuilt deterministically from the trigger and related identifier.

What is NOT logged:

• The body of menu uploads, dish descriptions, customer-session contents, or chat messages between diners and venue operators.
• AI prompt or response text. Only the metadata (feature, token count, status, latency) is kept in ai_usage.
• Passwords (Tapeo does not use passwords — sign-in is via Google OAuth or magic-link only), magic-link tokens, OAuth refresh tokens, staff PIN values.

Retention. Operational logs are retained for 12 months and then aggregated or anonymized. Sign-in audit events and acceptance of this Agreement are retained for two (2) years to support security investigations and dispute resolution.

Your rights. You may request a copy or deletion of any log entries tied to your user identifier under the Privacy Policy. Atomira may need to retain narrow, anonymized entries (no user identifier) where required for security monitoring or aggregated debugging metrics.

The Service is provided “as is” and “as available” during the alpha, without warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or absence of errors. Atomira does not warrant that the Service will be uninterrupted, secure, or error-free, or that Your Content will not be lost or corrupted.

Atomira specifically disclaims responsibility for any commercial, operational, or financial consequence arising from your reliance on the Service during the alpha — including a missed sale because the QR menu was unreachable, an order that did not reach the kitchen, or an allergen flag the AI did not assign correctly. Maintain a paper-or-chalkboard fallback during service.

To the maximum extent permitted by applicable law, Atomira’s aggregate liability arising out of or in connection with this Agreement or your use of the Service during the alpha is limited to the fees actually paid by you to Atomira in the twelve (12) months preceding the claim. Because access to the Service during the alpha is provided at no cost, this amount is zero euros (€0). Atomira is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, gross negligence, the right of compensation under Article 82 GDPR, and the mandatory consumer rights of EU residents.

Atomira may update this Agreement during the alpha. Material changes will be communicated by email and via an in-app banner. If the change is material, you will be required to re-consent on your next sign-in before continuing to use the Service. Continued use after a non-material update constitutes acceptance.

Each version is identified by a version number and publication date. Atomira retains the full text of every version you have accepted so you can request, at any time, a copy of what you actually agreed to.

This Agreement is governed by the laws of Spain. The courts of Barcelona, Spain have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, subject to any mandatory consumer-protection provisions of your country of habitual residence.

• Entire agreement. This document, together with the Terms of Service at /legal/terminos and the Privacy Policy at /legal/privacidad, constitutes the entire agreement regarding the alpha.
• Severability. Unenforceable provisions are reformed to the minimum extent necessary; the remainder stays in effect.
• Notices. Notices to you may be sent to the email address you registered. Formal notices to Atomira: hola@tapeo.menu and ATOMIRA TECHNOLOGIES, S.L., Calle Lepant 270, 08013 Barcelona, Spain.
• Language. This Agreement is published in English, Spanish, and Catalan. In case of conflict, the Spanish version controls for Spanish-resident venue operators (mandatory under LGDCU); the English version controls otherwise.