Terms of service.

Who we are

Batuta is a service of Matías Giménez, an individual, Chilean tax ID (RUT) 16.141.847-1, domiciled at Luis Thayer Ojeda 1455, apt. 202, Providencia, Santiago Metropolitan Region, Chile. For anything about data or these terms: hola@usebatuta.com.

These terms govern the use of the Batuta app (app.usebatuta.com). By creating an account or using the service you accept them. If you do so on behalf of a company, you represent that you can bind it, and «the customer» is that company.

The service

Batuta is a tool for planning a team's shifts: it configures the restaurant, proposes the month's schedule, checks it against the rules the customer sets, lets it be approved and published week by week, and sends each person their shifts. The service evolves: we may add, change or remove features, and if we remove something important to a customer we tell them in advance.

Accounts and access

Each customer has at least one administrator, who invites the team and sets who sees and edits each restaurant. Look after your credentials: the customer answers for what is done with its organization's accounts. If you suspect unauthorized access, write to us right away.

Price and payment

Price, plan and payment terms are whatever we agree in writing with each customer. A pilot may be free for the period we agree. If a payment is late, we may suspend the service after giving notice, without deleting data.

Acceptable use

The customer agrees not to:

• load data it has no right to process or without informing the people concerned;
• try to access other customers' data or parts of the service it is not entitled to;
• interfere with the service's operation or security, or copy or resell it.

The customer decides the labour rules

Batuta shows when a schedule breaks a rule of labour law or of the restaurant's configuration, and each rule can be set to mandatory, flexible or off. Those warnings inform; they do not replace legal advice and may not cover every case. Which schedule is published, and how the law is complied with, is the customer's decision and responsibility as employer.

The customer's data

The data the customer loads is the customer's. It authorizes us to process it only to provide the service. For that data, Batuta acts as processor and commits to:

• process it only on the customer's instructions and to provide the service;
• keep it confidential and limit access to those who need it;
• protect it with appropriate security measures;
• use only the providers listed in the privacy policy, and update it if they change;
• help the customer answer people's requests about their data;
• tell the customer without delay if an incident affects its data;
• return and delete the data when the service ends, as set out below.

The customer is responsible for having a legal basis to load its team's data and for informing those people. Batuta also records usage events of the service, tied to an internal identifier of each account rather than anyone's name, to improve the product.

Integrations

The customer can connect third-party systems such as GeoVictoria, Talana, Buk or Toteat. That connection is also governed by those systems' terms. Batuta attempts each sync and reports if it fails, but does not answer for those systems' availability or data.

Availability and support

We do what is reasonable to keep the service available and working well, but we do not guarantee it will be free of interruptions or errors unless we agree a service level in writing. Support is at hola@usebatuta.com, and on business days we answer within 24 hours.

Intellectual property

Batuta, its software, design and brand belong to its owner. The customer receives a right to use the service while these terms are in force. If you send us suggestions, we may use them to improve the product with no obligation to compensate them.

Confidentiality

Each party will keep confidential the non-public information it receives from the other and use it only for this relationship.

Termination

The customer can stop using Batuta whenever it wants. We may suspend or end the service if the customer breaches these terms and does not fix it after notice. When it ends, the customer can download all its data for 30 days from Users → Organization data, and we then delete it within the following 90 days, except what the law requires us to keep.

Liability

To the extent the law allows, the service is provided as is, and Batuta is not liable for indirect damages, lost profits, or the fines or consequences of the labour decisions the customer makes. Batuta's total liability to the customer will not exceed what the customer paid for the service in the 12 months before the event. Nothing here limits liability the law does not allow to be limited.

Changes to these terms

If we change these terms, we update this page and its date. We announce significant changes by email at least 30 days in advance; if the customer disagrees, it can end the service before they take effect.

Law and courts

These terms are governed by the laws of Chile. Any dispute will be submitted to the ordinary courts of Santiago.