Terms of Service

These Terms of Service (these “Terms”) are a binding agreement between you and Caleido design di Paduret Cristian, a sole proprietorship (ditta individuale) organized under the laws of Italy, VAT No. IT 04122400122, with its registered office at Via Barre Vermont 4/2, 21059 Viggiù (VA), Italy, doing business as “Judgy” (“Judgy,” “we,” “us,” or “our”). They govern your access to and use of the Judgy websites, the Judgy owner dashboard, the guest feedback forms, the QR codes we generate, and all related software and services (collectively, the “Service”).

1. Acceptance of These Terms

By creating an account, purchasing a subscription, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. If you do not agree, do not use the Service.

2. The Service

Judgy is a software-as-a-service platform that helps restaurants and similar food-service businesses collect anonymous guest feedback. Account holders (“Owners”) can build fully customizable feedback forms (for example, questions about dishes, service, or anything else they choose), receive a unique QR code that links to their form, and review the responses submitted by their guests (“Guests”) in a private dashboard.

We may improve, modify, or discontinue features of the Service from time to time, provided that no such change materially deprives you of the core functionality you paid for during a subscription term you have already purchased.

3. Eligibility; Business Use

The Service is offered solely for business and commercial purposes. By creating an account, purchasing a subscription, or using the Service as an Owner, you represent and warrant that: (a) you are at least 18 years old; (b) you are acting on behalf of a business (such as a restaurant); and (c) you have the authority to bind that business to these Terms. “You” in these Terms refers to both the individual accepting them and the business on whose behalf that individual acts.

4. Accounts and Security

You must provide accurate and complete information when you register, and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@judgy.us if you suspect any unauthorized access to or use of your account. We are not liable for losses caused by unauthorized use of your account that results from your failure to safeguard your credentials.

5. Subscriptions, Fees, and Automatic Renewal

Access to the Service is provided through a paid subscription. The following terms apply to any paid subscription you purchase; if we make the Service (or any part of it) available free of charge or on promotional or early-access terms, the payment provisions of this Section apply only from the moment you purchase a paid subscription.

6. Cancellation; Non-Renewal; Effect of Expiration

7. Refunds

A plain-language summary of this refund policy and of how to cancel is published at Refund & Cancellation Policy; in case of any conflict, this Section governs.

Except as required by applicable law, subscription fees are non-refundable. However, you may request a refund of the subscription fee by contacting us at support@judgy.us in the following cases only:

We will review refund requests in good faith and respond within a reasonable time. Approved refunds are issued to the original payment method. Nothing in this Section limits any non-waivable rights or remedies you may have under applicable law.

8. Your Content; Responsibility for Forms and Feedback

Owner Content” means the content Owners create or upload through the Service, including form questions, answer options, restaurant names, and other text. “Guest Content” means the responses, ratings, and comments Guests submit through a feedback form. Owner Content and Guest Content are collectively “User Content.”

9. Acceptable Use

You agree not to, and not to permit or encourage anyone else to:

10. Intellectual Property; Suggestions

The Service — including its software, design, text, graphics, logos, and the Judgy name and marks — is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited right to access and use the Service in accordance with these Terms, no rights in the Service are granted to you. If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

11. Intellectual Property Complaints

You must not submit to the Service any content — including form questions, business names, or other text — that infringes the copyright, trademark, or other intellectual-property rights of any third party. If you believe content on the Service infringes your intellectual-property rights, send a complaint to support@judgy.us that identifies the work or right concerned, the allegedly infringing material and where it appears, and your contact details. We may, at our discretion, remove or disable access to material that we reasonably believe infringes third-party rights, notify the user who submitted it, and suspend or terminate the accounts of users who repeatedly infringe the rights of others.

12. Third-Party Services

The Service is built on third-party infrastructure and services, including Google Firebase (hosting, authentication, and database), Google reCAPTCHA Enterprise (abuse prevention on the guest feedback form), and a third-party payment processor for subscription payments. Those services are operated by their respective providers under their own terms and privacy policies, and we are not responsible for third-party services that we do not control. Our Privacy Policy describes the role these providers play in processing data.

13. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy and Cookie Policy.

14. Suspension; Termination

We may suspend or terminate your access to the Service, with notice where practicable, if: (a) you materially breach these Terms and (where the breach is curable) fail to cure it within a reasonable period after notice; (b) we are required to do so by law; or (c) suspension is reasonably necessary to prevent harm to the Service, other users, or third parties. You may stop using the Service and delete your account at any time from the Account section. Sections that by their nature should survive termination (including Sections 8, 10, 11, and 15 through 22) survive.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FEEDBACK, RATING, OR OTHER USER CONTENT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

(a) Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JUDGY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU ACTUALLY PAID TO JUDGY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

(c) Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where non-waivable, liability for fraud or fraudulent misrepresentation, willful misconduct, gross negligence, or death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in that case, our liability is limited to the fullest extent permitted by applicable law.

(d) Basis of the bargain. The limitations in this Section 16 apply even if a limited remedy fails of its essential purpose. They reflect a reasonable allocation of risk between the parties and are an essential basis of the bargain: the Service’s pricing would be materially different without them. Each provision of this Section is severable and applies independently.

17. Indemnification

You will defend, indemnify, and hold harmless Judgy and its owner from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Owner Content, including the questions and other content of the forms you publish; (b) your use of the Service in violation of these Terms or applicable law; or (c) your violation of any third party’s rights.

18. Dispute Resolution; Class Action Waiver

18.1 Business Use

The Service is offered solely for business and commercial purposes. By creating an account, purchasing a subscription, or using the Service, you represent that you are acting on behalf of a business and that you have the authority to bind that business to these Terms.

18.2 Informal Dispute Resolution

Before initiating court proceedings, the party asserting a dispute must provide the other party with a written Notice of Dispute. Notices to Judgy must be sent by email to support@judgy.us and must include: (a) the claimant’s full legal name and business name; (b) the email address associated with the account; (c) a detailed description of the dispute; (d) the specific relief requested; and (e) any relevant supporting documentation.

The parties shall attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of the Notice of Dispute. Any applicable limitation period shall be suspended during this thirty-day period.

18.3 Small Claims Court

Either party may bring an individual claim in a court of competent jurisdiction that qualifies as a small claims court, provided that the claim remains within that court’s jurisdiction and proceeds only on an individual basis.

18.4 Individual Claims Only; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to: (a) these Terms; (b) the Service; (c) the creation, use, suspension, or termination of an account; (d) subscriptions, renewals, cancellations, invoices, or payments; (e) communications between the parties; or (f) the parties’ business relationship shall be brought and resolved only on an individual basis. Neither party may bring, join, participate in, or seek relief through any class, collective, coordinated, consolidated, mass, private-attorney-general, or representative action, except where such a waiver is prohibited by applicable law.

Declaratory, monetary, or injunctive relief may be awarded only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The claims of more than one person or business may not be consolidated unless all affected parties expressly agree in writing.

18.5 Non-Waivable Remedies

Nothing in these Terms shall prevent a party from seeking public injunctive relief or another statutory remedy that applicable law does not permit the party to waive.

18.6 Temporary Injunctive Relief

Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction when reasonably necessary to prevent immediate harm involving: (a) unauthorized access to the Service or its systems; (b) misuse of confidential information or personal data; (c) infringement or misappropriation of intellectual property; or (d) threats to the security or integrity of the Service.

18.7 Government Authorities

Nothing in these Terms prevents either party from reporting conduct to a governmental or regulatory authority. A governmental authority may seek relief or take enforcement action to the extent authorized by applicable law.

18.8 Severability

If any portion of this Section 18 is found invalid or unenforceable, that portion shall be severed and the remaining provisions shall remain in effect to the fullest extent permitted by law. If the waiver in Section 18.4 is found unenforceable with respect to a particular claim or remedy, that claim or remedy shall be severed and decided by a court of competent jurisdiction, and the waiver shall continue to apply to every other claim and remedy.

18.9 Survival

This Section 18 shall survive the cancellation of a subscription, termination or deletion of an account, termination of these Terms, and cessation of use of the Service.

19. Governing Law; Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws principles. The Court of Varese (Tribunale di Varese), Italy, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to the jurisdiction of, and venue in, that court. This exclusive venue does not limit either party’s right to bring an individual claim in small claims court under Section 18.3 or to seek temporary injunctive relief from a court of competent jurisdiction under Section 18.6. To the extent any dispute nonetheless proceeds in a court of the United States, each party waives, to the fullest extent permitted by law, any right to a trial by jury. Nothing in this Section deprives you of the protection of mandatory provisions of law that apply to you and cannot be derogated from by agreement.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will give you reasonable advance notice (for example, by email to the address on your account or by a notice in the Service) before the changes take effect. Changes apply prospectively from their effective date; your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription as described in Section 6.

21. General Provisions

22. Contact; Provider Identification

Caleido design di Paduret Cristian (doing business as Judgy)
Sole proprietorship (ditta individuale) registered in Italy
VAT No. IT 04122400122
Via Barre Vermont 4/2, 21059 Viggiù (VA), Italy
Email: support@judgy.us