This version replaces all references to our former "free audit" with our free fit check, and describes how we handle guest lists that restaurants already have.
These Terms of Service ("Terms") govern your use of betancurstudio.com (the "Site") and the services offered by Betancur Studio, a brand operated by Shoptrix LLC, a California limited liability company ("we," "us," "our"). By using the Site or requesting our services, including our free fit check, you agree to these Terms.
1. Our Services
Betancur Studio provides guest-recovery, email marketing, and related growth services for restaurants and hospitality businesses ("Client," "you"). The specific scope, deliverables, and pricing of a paid engagement are defined in the proposal or agreement provided for each Client, which supplements these Terms.
2. Fees & Term (paid services)
Recurring services are billed monthly in advance through our payment processor. Unless a fixed term is agreed in writing, engagements are month-to-month and you may cancel at any time with reasonable prior notice.
Fees already paid are non-refundable except where required by law. SMS features are provided only after carrier registration; email is the default channel until then.
3. Guest Data Ownership
The guest data we capture for your restaurant belongs to you. We act only as a service provider processing it on your behalf.
We never sell, rent, or share your guest list with any third party, and we never use it for any restaurant other than yours.
If you share a guest list you already have (for example, an export from your point of sale or reservation system), we only use the guests who agreed to marketing in that system, and we ask each of them once for permission before sending anything else. Guests who say no, or do not answer, are not contacted again.
On termination, we will, at your request, return or delete your guest data. We may use aggregated, anonymized performance metrics to improve our services.
4. Your Responsibilities
Provide accurate information and honor the offers and campaigns you approve. Nothing is sent to your guests without your approval.
Obtain any required consent from your guests to be contacted, and comply with applicable communications and privacy laws (including CAN-SPAM and the TCPA).
Use the Site lawfully; do not attempt to disrupt, probe, or misuse the Site or its infrastructure.
5. The Free Fit Check, Important Disclaimer
What it is. The fit check is a written opinion, sent by email, on whether our guest-recovery service is likely to work for your restaurant, what we would still need from you, or that it would not work yet.
What it is based on. Publicly available information about your restaurant (such as its Google listing and website) and the answers you give us in the request form. We do not access your point of sale, reservation system, or guest data to prepare it.
What it is not. It does not include revenue, savings, or guest-count figures, estimates, or projections, and it is not a guarantee, promise, or projection of income, revenue, savings, or results. It is an opinion based on limited information and may be incomplete or wrong.
The fit check is free, requires no payment details, and creates no obligation to buy.
Any figures that appeared in earlier versions of the Site or in earlier reports were illustrative estimates for informational purposes only, and are not a guarantee of any result.
Actual results of any paid service depend on many factors outside our control, including your market, operations, pricing, and execution.
6. No Professional Advice
Content on this Site, in our fit checks, and in our reports is for general informational purposes and does not constitute legal, financial, accounting, or tax advice. Consult qualified professionals for decisions in those areas.
7. Intellectual Property
The Site, our platform, systems, templates, and content are owned by Shoptrix LLC / Betancur Studio or its licensors. During a paid engagement you receive a limited, non-exclusive, non-transferable license to use the services. Your brand assets and guest data remain yours. You may not copy or reuse our materials commercially without written permission.
8. Communications
By submitting your contact information, you agree that we may contact you about your request by email or messaging. Marketing communications always include an opt-out, and you may unsubscribe at any time. See our Privacy Policy.
9. Disclaimer of Warranties
The Site and the free fit check are provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Site will be uninterrupted or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, Shoptrix LLC / Betancur Studio will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business. Our total liability related to the Site or the free fit check will not exceed one hundred U.S. dollars (US$100); for paid engagements, our total liability will not exceed the fees you paid in the three (3) months before the claim.
11. Indemnification
You will indemnify and hold harmless Shoptrix LLC / Betancur Studio from claims arising out of your content, your offers, the guest data you provide, or your violation of law (including CAN-SPAM and the TCPA).
12. Changes to These Terms
We may update these Terms from time to time. The "Effective date" above reflects the latest version. Continued use of the Site after changes means you accept the updated Terms.
13. Governing Law
These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Any disputes will be resolved in the state or federal courts located in California.
14. Contact
Questions about these Terms: andres@betancurstudio.com · Shoptrix LLC dba Betancur Studio, 1401 21st St, Ste R, Sacramento, CA 95811, USA.