Terms & Conditions

Last Updated: November 13, 2025

1. Introduction

Welcome to Zestify. These Terms and Conditions ("Terms") govern your use of our website www.zestify.it and the services we provide. By accessing our website or using our services, you agree to be bound by these Terms.

Zestify is operated by Malou & Tessa, providing automation solutions for food tour businesses.

If you do not agree with these Terms, please do not use our website or services.

2. Definitions

• "We," "us," "our" refers to Zestify
• "You," "your," "Client" refers to the user of our website or services
• "Services" refers to the automation solutions, consultations, and related services we provide
• "Website" refers to www.zestify.it
• "Agreement" refers to the contract formed between you and Zestify for service delivery

3. Services Description

Zestify provides customized automation solutions for food tour businesses, including but not limited to:

• Personalized tour reminder systems
• Automated follow-up email campaigns for reviews
• Booking entry automation
• Dynamic pricing systems
• Custom automation solutions tailored to your business needs
• Discovery calls and consultation services

All services are subject to availability and may be modified, suspended, or discontinued at our discretion.

4. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

5. Discovery Call and Consultation

5.1 Free Discovery Call

We offer a free discovery call to discuss how our automation services can benefit your food tour business. This call is for informational purposes only and does not constitute a binding agreement for services.

5.2 No Obligation

Participating in a discovery call does not obligate you to purchase our services, nor does it obligate us to provide services.

6. Service Agreement

6.1 Proposal and Acceptance

Following a discovery call, if we determine that our services are suitable for your needs, we will provide a customized proposal outlining:

• Scope of services
• Timeline and deliverables
• Pricing and payment terms
• Specific terms applicable to your project

A binding service agreement is formed only when you accept our proposal in writing (email or signed contract).

6.2 Customization

All services are customized to your business needs, goals, and budget. The specific terms of service delivery will be outlined in your individual service agreement.

7. Pricing and Payment

7.1 Pricing

Pricing for our services is determined on a case-by-case basis depending on:

• The complexity of automation required
• The scope of services
• Your business size and requirements
• Ongoing support and maintenance needs

All prices will be clearly stated in your service proposal and are quoted in Euros (€) unless otherwise specified.

7.2 Payment Terms

• Payment terms will be specified in your service agreement
• We may require an initial deposit before commencing work
• Invoices are payable within the timeframe specified (typically 14-30 days)
• Late payments may incur interest charges as permitted by Italian law
• We reserve the right to suspend services for non-payment

7.3 Taxes

All prices are exclusive of applicable taxes (VAT, etc.) unless otherwise stated. You are responsible for paying all applicable taxes.

8. Client Responsibilities

To ensure successful service delivery, you agree to:

• Provide accurate and complete information about your business
• Grant necessary access to systems, platforms, and data required for automation
• Respond to our requests for information in a timely manner
• Review and approve deliverables within agreed timeframes
• Maintain the confidentiality of any login credentials or access information we provide
• Comply with all applicable laws and regulations in your use of our services

9. Intellectual Property

9.1 Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Zestify and is protected by copyright and intellectual property laws.

9.2 Service Deliverables

Unless otherwise specified in your service agreement:

• Custom automation workflows and templates created for you become your property upon full payment
• We retain the right to use general methodologies, processes, and non-client-specific knowledge gained from our work
• We may showcase your project as a case study with your prior written consent

9.3 Third-Party Tools

Some automation solutions may utilize third-party platforms or tools. You are responsible for complying with the terms and conditions of these third-party services.

10. Confidentiality

10.1 Mutual Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our business relationship, including:

• Business strategies and plans
• Customer data and lists
• Financial information
• Technical processes and systems

10.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

11. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you agree to our data processing practices as described in our Privacy Policy.

When we process data on your behalf (as a data processor), you remain the data controller and are responsible for ensuring you have legal basis for the data processing activities.

12. Warranties and Disclaimers

12.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the right and authority to provide the services
• Services will generally conform to the specifications in your service agreement

12.2 Disclaimer

We do not guarantee:

• Specific business results or revenue increases
• Uninterrupted or error-free service
• That automation will be compatible with all future platform updates
• Specific return on investment (ROI)

13. Limitation of Liability

This limitation applies regardless of the legal theory on which the claim is based.

14. Indemnification

You agree to indemnify and hold harmless Zestify, its owners, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your use of our services
• Your violation of any laws or third-party rights
• Content you provide to us for automation purposes

15. Term and Termination

15.1 Term

These Terms remain in effect while you use our website or services. Individual service agreements will specify their own term and duration.

15.2 Termination by You

You may terminate ongoing services by providing written notice as specified in your service agreement. You may be liable for payment of services rendered up to the termination date.

15.3 Termination by Us

We may terminate or suspend services immediately if:

• You breach these Terms or your service agreement
• You fail to make required payments
• We are required to do so by law
• Continuing services would cause us harm or legal liability

15.4 Effect of Termination

Upon termination:

• You must pay all outstanding invoices
• We will provide you with completed deliverables (upon full payment)
• Provisions that by their nature should survive termination will remain in effect

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.

Your continued use of our services after changes constitutes acceptance of the modified Terms. We will notify clients with active service agreements of material changes.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or restrictions
• Internet or telecommunications failures
• Pandemics or public health emergencies
• Third-party platform outages

18. Third-Party Services

Our automation solutions may integrate with or depend on third-party platforms (email services, booking systems, etc.). We are not responsible for:

• The availability, functionality, or changes to third-party services
• Third-party service fees or pricing changes
• Data breaches or security issues with third-party platforms
• Violations of third-party terms of service

19. No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Zestify. Neither party has authority to bind the other.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and Zestify regarding our services and supersede all prior agreements and understandings.

22. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

24. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Italy.

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Venice, Italy.

25. Language

These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

26. Contact Information

If you have any questions about these Terms, please contact us:

Zestify
Email: hello@zestify.it
Website: www.zestify.it
WhatsApp: +39 344 746 9160

27. Acknowledgment