Terms for cafés

BetterBrews Cards is provided by Andy Jamerson, self-employed (autónomo), registered in Spain, of Barcelona, Spain, tax number Y7027237S. Notices under this agreement may be sent to andy@betterbrews.app.

BetterBrews operates from a private residence and does not publish that address. The full postal address is supplied on request.

These terms are intended for businesses and are written on the basis that the Café contracts in the course of its business. Where a customer nevertheless qualifies as a consumer under applicable law, the mandatory consumer protections that cannot be excluded by agreement continue to apply, and these terms take effect subject to them.

BetterBrews supplies the Café with a digital loyalty card for issue to the Café’s customers through Apple Wallet and Google Wallet, a scanning function for the Café’s staff, and a dashboard for configuring the card and viewing its use.

The Café determines what the card offers and what a cardholder receives. BetterBrews supplies only the software that records it.

The Café shall provide accurate account information, keep it current, and keep its credentials confidential. The Café is responsible for the acts and omissions of every person it grants access, including its staff.

The Café warrants that it is a business and that the person accepting these terms is authorised to bind it.

A subscription entitles the Café to operate the service at one premises, meaning a single location to which its customers have access. A premises is one physical address. Separate counters, floors, rooms or service points at the same address form one premises; a second address is a second premises, whether or not it trades under the same name.

Operating the service at more than one premises under a single subscription is a material breach of this agreement and grounds for termination under clause 12. The Café shall notify BetterBrews before operating at a further premises.

The fee is 29€ per month or 290€ per year for one premises, exclusive of VAT where applicable to the Café. The annual fee is equivalent to ten monthly payments. All fees are set and invoiced in euro. Where the Café’s bank does not hold euro, the amount taken in the Café’s own currency is converted at the rate applying on the day of payment, and may differ slightly from one payment to the next.

No fee is payable while the Café is configuring its card. The fee becomes payable on the date the Café first publishes its card and recurs from that date, monthly or annually according to the plan selected, until the subscription is terminated.

Payment is taken by Stripe, which acts as the merchant of record: Stripe sells the subscription to the Café on behalf of BetterBrews, charges VAT at the rate applicable to the Café, and issues the invoice. A Café with a valid VAT number, or the equivalent business tax number in its own country, may enter it at checkout. Questions about a charge or an invoice may be raised with BetterBrews and will be handled with Stripe.

Where a payment fails, the service continues without change while collection is reattempted. Stripe reattempts a failed payment a limited number of times over a period of up to 14 days. Where the payment remains outstanding at the end of that period, BetterBrews may suspend the service under clause 12 on not less than 7 days’ notice. Fees continue to accrue while the subscription is suspended and until it is terminated.

The Café may terminate at any time from its dashboard. Termination takes effect as set out below.

Monthly plan. The service continues to the end of the period already paid for. Part months are not refunded.

Annual plan. BetterBrews shall retain 29€ for each month of the term used, a part month counting as a whole month, and refund the balance. The service ends on the termination date, being the date the Café requests termination. The refund is calculated by reference to that date and is issued within 14 days of it. The service does not continue while the refund is processed.

On termination. The Café may export its cardholder records as a spreadsheet from the dashboard, and may do so after termination. Cards already issued remain on cardholders’ devices and retain the stamp balance recorded at termination, but become inactive: no further stamps may be issued, no further cardholders may join, and the card may not be modified or republished.

Cardholder records comprise an email address and a record of stamps issued. They belong to the Café. For the purposes of data protection law the Café is the controller and BetterBrews is the processor.

Schedule 1 sets out the processing terms required by Article 28 of the General Data Protection Regulation and forms part of this agreement.

BetterBrews shall not sell cardholder records, and shall not use them to market to cardholders.

Any reward the card offers is a commitment from the Café to its customer. The Café shall honour it. BetterBrews is not party to that commitment and bears no liability for it.

The Café shall not offer through the card anything it is unable to supply or that is unlawful in its jurisdiction.

The Café shall not resell the service, operate it on behalf of a business other than its own, attempt to circumvent its access controls or billing, reverse engineer it, or use it for any unlawful purpose or to mislead its customers.

The Café shall not use cardholder records to send spam or bulk unsolicited communications, and shall not collect special categories of personal data through the card.

BetterBrews does not warrant uninterrupted availability. It shall use reasonable endeavours to maintain the service and may suspend it for maintenance.

Apple Wallet and Google Wallet are operated by third parties. Changes to those platforms may require corresponding changes to the card.

BetterBrews may amend these terms or the fee on not less than 30 days’ notice by email. If the Café does not accept an amendment, its remedy is to terminate under clause 6 before the amendment takes effect.

BetterBrews may suspend or terminate the subscription where the Café breaches these terms, including clause 4, fails to pay, or uses the service in a manner that presents a risk to BetterBrews or to cardholders.

Except where the breach requires immediate action, BetterBrews shall notify the Café of the breach and allow a reasonable period to remedy it.

Clause 6 applies on termination under this clause as it applies on termination by the Café.

BetterBrews’ total liability under or in connection with this agreement is limited to the fees paid by the Café in the 12 months preceding the event giving rise to the claim.

BetterBrews is not liable for loss of profit, loss of business, or loss of data beyond that limit, nor for the rewards the Café has offered its customers under clause 8.

The limitation and exclusions above do not apply to liability for fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

This agreement is governed by Spanish law. The courts of Spain have exclusive jurisdiction over any dispute arising from it. Where the Café contracts as a business, consumer dispute resolution schemes do not apply.

This schedule is the agreement required between a controller (the Café) and a processor (BetterBrews) under Article 28 of the General Data Protection Regulation. It forms part of the terms above.

Subject matter and scope

Subject matter

Operation of the loyalty card for the Café.

Nature and purpose

Collection, storage and retrieval of cardholder records in order to operate the loyalty card service on the Café's instructions, and for no other purpose.

Duration

The term of the subscription.

Data subjects

Cardholders enrolled on the Café's card, and staff the Café adds to its account.

Categories of data

Email address; name where supplied; stamp balance and the times stamps were issued. No payment data, location data or browsing history.

Obligations of the controller

The Café shall ensure that it has a lawful basis for the processing it instructs, and that the cardholders have been given the information required by data protection law.

The Café shall give BetterBrews clear and lawful instructions, and shall not instruct processing that would put BetterBrews in breach of data protection law.

The Café is responsible for responding to requests from data subjects, with the assistance set out below, and for ensuring that its staff handle cardholder records in compliance with data protection law.

Obligations of the processor

BetterBrews shall process the data only to provide the service and on the Café’s documented instructions, and not for its own purposes.

Personnel with access are bound by confidentiality. BetterBrews shall implement technical and organisational measures appropriate to the risk, including encryption in transit, access restricted to the Café’s own account, and segregation of each Café’s data.

BetterBrews shall assist the Café in responding to requests from data subjects, including requests for access and erasure, within the statutory period.

BetterBrews shall notify the Café without undue delay on becoming aware of a personal data breach and shall provide the information the Café requires in order to report it.

On termination, BetterBrews shall delete or return the data on the Café’s instruction, save where retention is required by law.

BetterBrews shall make available the information necessary to demonstrate compliance with this schedule, and submit to an audit on reasonable notice, not more than once a year.

Sub-processors

The Café authorises the sub-processors listed below. BetterBrews shall give the Café notice by email before engaging a further sub-processor. The Café may object on reasonable data protection grounds within 14 days of that notice. Where the Café objects, BetterBrews shall either not engage that sub-processor for the Café’s data or terminate the affected part of the service.

Supabase

Holds the database and handles sign-in emails. Ireland (EU).

Vercel

Runs the website and the app. EU and USA.

Stripe

Takes the café's payment. Never sees cardholder data. EU and USA.

Apple

Delivers the card to Apple Wallet and updates it when it changes. EU and USA.

Google

Delivers the card to Google Wallet. EU and USA.

Cardholder data is held in the European Union. Any transfer of that data outside the European Economic Area by a sub-processor is carried out under the standard contractual clauses approved by the European Commission, as amended or replaced from time to time, together with any further measures those clauses require.