Terms of Service

1. Acceptance of Terms

By accessing or using Blacklist ("the Service"), operated at blacklist.rest, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Service. These Terms constitute a legally binding agreement between you ("the Restaurant", "you") and Blacklist ("we", "us", "our"), located in Barcelona, Spain.

You represent and warrant that you have the authority to bind the restaurant entity you register on behalf of.

2. Service Description

Blacklist is a shared database platform that enables verified restaurants to:

• Flag customers who have engaged in disruptive booking behavior (no-shows, late cancellations, and similar conduct).
• Search for customers and view aggregated flag counts submitted by other restaurants.
• Access a dashboard with analytics on their own flagging activity.

The Service does not provide identity verification of flagged individuals. Restaurants are solely responsible for the accuracy of data they submit. The Service displays aggregated data only; individual restaurant identities behind flags are never disclosed.

3. Registration and Verification

• Registration requires a valid restaurant name, NIF/VAT ID, email address, and password.
• Every restaurant is manually verified before being granted access. We reserve the right to reject any registration at our sole discretion and without stating reasons.
• You must provide accurate and complete information. Submitting false or misleading registration details (including impersonating another restaurant) constitutes fraud and will result in immediate termination and may be reported to authorities.
• One account per NIF/VAT ID. If your NIF/VAT is already registered, contact us at info@blacklist.rest.
• You are solely responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access.

4. Acceptable Use

You agree to use the Service only for its intended purpose: protecting your restaurant from financial harm caused by disruptive booking behavior. Specifically, you agree to:

• Only flag customers based on genuine, documented incidents of no-shows, late cancellations, or similar disruptive booking behavior.
• Ensure that all data you submit is accurate, relevant, and not excessive.
• Maintain records of the incidents that led to each flag (e.g., reservation date, type of incident) for a minimum of 12 months, in case of a dispute or data subject request.

5. Prohibited Uses

The following uses are strictly prohibited and will result in immediate account termination:

• Discriminatory flagging: Flagging customers based on race, ethnicity, religion, gender, sexual orientation, disability, nationality, or any other protected characteristic.
• Retaliatory flagging: Flagging customers because of negative reviews, complaints, or disputes unrelated to booking behavior.
• False or malicious flagging: Submitting flags that you know to be inaccurate, fabricated, or intended to harm an individual.
• Competitive abuse: Using the Service to harm a competitor's customers or business.
• Data harvesting: Systematically searching the database to extract or compile customer data for purposes unrelated to booking protection.
• Sharing credentials: Allowing unauthorized individuals to access the platform using your account.
• Circumventing restrictions: Attempting to bypass rate limits, verification, or other security measures.

We reserve the right to investigate suspected violations and to remove flags, suspend, or permanently terminate accounts at our sole discretion. We may report illegal activity to law enforcement.

6. Data Accuracy and Responsibility

You are solely responsible for the accuracy and legality of all data you submit to the Service. By submitting a flag, you represent and warrant that:

• The flagged incident genuinely occurred at your restaurant.
• The personal data submitted (name, email, phone) accurately identifies the individual involved in the incident.
• You have a legitimate basis under GDPR to submit this data to the platform.
• You have not flagged the individual for any discriminatory, retaliatory, or malicious reason.

Blacklist does not verify the accuracy of individual flags. We rely on the manual verification of restaurants and the integrity of our users. If a flag is found to be inaccurate or submitted in violation of these Terms, it will be removed immediately.

7. Subscription and Billing

7.1 Free Trial

New accounts receive a 7-day free trial with full access to all features. The trial begins on the date your account is verified and activated. No payment information is required to start the trial.

7.2 Subscription

After the 7-day trial period, continued access requires an active paid subscription at the rate of €100 per month (VAT excluded where applicable). By subscribing, you authorize us to charge your payment method on a recurring monthly basis.

7.3 Auto-Renewal and Charge Notification

Your subscription renews automatically at the end of each billing period. We will send a reminder email at least 7 days before your trial converts to a paid subscription, and before each subsequent renewal, clearly stating the amount to be charged and the renewal date. If you do not cancel before the trial ends, you will be charged €100 for the first month.

7.4 Cancellation

You may cancel your subscription at any time from the dashboard. Upon cancellation:

• You retain access until the end of your current billing period.
• No further charges will be made after cancellation.
• Your data (account and flags) remains intact until you explicitly delete your account.

7.5 Refund Policy

No refunds are provided for partial billing periods. If you cancel mid-cycle, you retain access until the end of the paid period, but no prorated refund is issued. However:

• If you were charged without adequate prior notification (i.e., we failed to send the required reminder email), you are entitled to a full refund for that charge.
• If the Service experiences a material outage (more than 72 continuous hours of downtime), you may request a prorated credit for the affected period.

7.6 Price Changes

We may change the subscription price with at least 30 days' written notice. The new price applies at the start of the next billing cycle after the notice period. If you do not agree with the new price, you may cancel before the new price takes effect.

7.7 Failed Payments

If a payment fails, we will attempt to charge your payment method up to 3 times over 7 days. If all attempts fail, your account will be suspended. Access is restored upon successful payment. Data is not deleted during suspension.

8. Intellectual Property

The Service, including its design, code, branding, and documentation, is the exclusive property of Blacklist. You may not copy, modify, distribute, or reverse-engineer any part of the Service. You retain ownership of the data you submit, subject to the license granted in Section 9.

9. License to Submitted Data

By submitting a flag, you grant Blacklist a non-exclusive, worldwide, royalty-free license to store, process, aggregate, and display that data to other verified restaurants for the purposes described in Section 2, for the duration of the data retention period (12 months or until account deletion, whichever occurs first). This license terminates automatically upon data deletion.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• Blacklist does not warrant the accuracy, completeness, or reliability of any data displayed through the Service. Flag data is submitted by third-party restaurants, and we do not independently verify individual flags.
• Blacklist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
• Our total aggregate liability for any claim arising from or relating to the Service shall not exceed the total amount you have paid to us in the 12 months preceding the claim.
• Blacklist is not liable for any decision you make based on data obtained through the Service. You are solely responsible for how you use search results and flag information.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Blacklist and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service, including any data you submit.
• Your violation of these Terms, including submitting inaccurate, discriminatory, or malicious flags.
• Your violation of any applicable law or regulation, including GDPR.
• Any claim by a third party (including flagged individuals) arising from data you submitted to the platform.
• Your failure to maintain adequate records of incidents that led to flags you submitted.

12. Termination

12.1 By You

You may delete your account at any time from the dashboard. Upon deletion, all your account data and all flags you submitted are permanently and irreversibly deleted from the platform.

12.2 By Us

We may suspend or terminate your account immediately and without prior notice if:

• You violate these Terms, including the Acceptable Use and Prohibited Uses sections.
• We receive a valid legal order requiring us to do so.
• We reasonably believe your account poses a security risk or is being used fraudulently.
• Your restaurant ceases to operate.

Upon termination by us for cause, no refund is provided for any remaining subscription period. All flags submitted by the terminated account are removed from the platform.

12.3 Effect of Termination

Sections 6 (Data Accuracy), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution) survive termination.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Spain. Mandatory consumer protection laws of the European Union apply where applicable.

14. Dispute Resolution

Any dispute arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain. Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.

For EU-based consumers, the European Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

15. Service Availability

We aim to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect availability. We will provide reasonable notice for planned maintenance where possible.

16. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree with modified Terms, you must stop using the Service and delete your account before the effective date.

17. Severability

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

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Blacklist regarding the Service and supersede all prior agreements, representations, and understandings.

19. Contact

For questions about these Terms:

• Email: legal@blacklist.rest