Terms of Service — Kesiyos

Effective date: May 10, 2026 Last updated: May 10, 2026

These Terms of Service ("Terms") govern your use of services provided by Fusión Gastronómica, Sociedad Anónima ("we", "us", "Kesiyos"), a Guatemalan corporation with Tax ID (NIT) 120347539, including the website https://kesiyos.com, our physical restaurant at 4 Avenida 20-44, Ciudad de Guatemala, and our messaging channels on WhatsApp, Facebook Messenger, and Instagram.

By using any of our services, you agree to these Terms. If you do not agree, please do not use our services.

1. Who we are

  • Legal name: Fusión Gastronómica, Sociedad Anónima
  • Trade name: Kesiyos
  • NIT: 120347539
  • Registered office (correspondence and legal notices): 4 Avenida 20-44, Ciudad de Guatemala, Guatemala
  • Restaurant location (in-person service): 59 Avenida 7-15, Ciudad de Guatemala, Guatemala
  • Email: info@kesiyos.com
  • WhatsApp: +502 3010 5018

2. Eligibility and minors

2.1 Adults only

You must be at least 18 years old to place an order on our website or through our messaging channels, or otherwise have the legal capacity to enter into binding agreements under Guatemalan law. By using our services, you represent and warrant that you meet this requirement.

2.2 Minors not permitted

Our services are not directed at minors. We do not knowingly enter into contracts with persons under 18 years of age. If you are under 18, do not place orders, sign up, or send messages to our channels. A parent or legal guardian must place any order on behalf of a minor and assume full responsibility for it.

2.3 Children under 13 — heightened protection

In line with COPPA (the U.S. Children's Online Privacy Protection Act) and best practices, if we become aware that a person under 13 has placed an order, sent us a message, or otherwise provided personal information to us:

  • We will immediately delete the data from active systems
  • We will not process the order
  • We will refund any payment received
  • We will contact the parent/legal guardian if their information is available

Parents or legal guardians who become aware that a minor under their care has interacted with our services should contact info@kesiyos.com to request deletion of any information and cancellation of any pending order. We will act on such requests within 7 calendar days.

3. Services we offer

Kesiyos provides:

  • Restaurant service at our physical location
  • Online ordering via https://kesiyos.com for pickup and delivery
  • Customer service through WhatsApp, Facebook Messenger, Instagram, and email
  • Automated AI-assisted replies on our messaging channels (see Section 9 of our Privacy Policy)

Menu, pricing, availability, and delivery zones may change without prior notice. We reserve the right to refuse service or cancel orders for any lawful reason.

4. Ordering and payment

4.1 Order placement

Orders may be placed online via our website, in person at our restaurant, or by contacting us through our messaging channels for follow-up of an existing order. To complete an online order you must provide accurate name, address, contact information, and (if you want a non-Consumidor-Final invoice) your NIT.

4.2 Pricing

All prices on our website and at our restaurant are stated in Guatemalan Quetzales (GTQ) and include applicable Value-Added Tax (IVA) at the rate established by Guatemalan law. A service fee may apply to online orders to cover payment processing and platform costs; this fee is disclosed at checkout before you confirm the order.

4.3 Payment methods

  • Online orders: processed through our payment partner Recurrente, which accepts credit card, debit card, and bank transfer in Guatemala.
  • In-restaurant: cash, credit card, debit card, and other methods at our discretion.

4.4 Electronic invoicing (FEL)

By placing an order, you authorize us to issue the legally required Documento Tributario Electrónico (DTE) through our certifier INFILE. If you provide a NIT, the invoice will be issued in your name; otherwise it will be issued to "Consumidor Final" (CF) as permitted by Guatemalan tax law.

4.5 Order confirmation

An order is considered placed only after our system confirms acceptance and successful payment authorization. You will receive a confirmation via email and/or your messaging channel of choice.

5. Delivery

5.1 Delivery service

Delivery is provided via third-party logistics partners (such as InDrive). The delivery service handles transport from our restaurant to your address. We coordinate dispatch but are not the operating carrier.

5.2 Delivery zones and fees

We deliver within defined zones in Ciudad de Guatemala. The delivery fee depends on distance from our restaurant and is shown at checkout before you confirm.

5.3 Estimated times

Estimated preparation and delivery times shown on our website are estimates only and not guarantees. Actual times depend on order volume, traffic, weather, and other operational factors.

5.4 Receipt

Please verify the contents of your delivery on receipt. Report any discrepancy via WhatsApp +502 3010 5018 within 1 hour of receipt for prompt resolution.

6. Cancellation and refunds

6.1 Customer cancellation

You may cancel an order at no charge before we begin preparing it. Once preparation has started, we generally cannot cancel because the food is custom-made.

6.2 Our cancellation

We may cancel an order if we cannot fulfill it due to inventory shortage, equipment failure, force majeure, or other operational issues. In such cases we will refund the full order amount.

6.3 Refunds

Refunds are processed to the original payment method. Refund timing depends on Recurrente and the issuing bank; typically 3-10 business days.

6.4 Quality issues

If you receive a product that is materially defective (wrong item, spoiled, contaminated), contact us within 24 hours of receipt via WhatsApp +502 3010 5018. We will investigate and, at our discretion, offer a replacement, store credit, or refund.

7. Acceptable use

When interacting with our services or messaging channels, you agree not to:

  • Use our services for any unlawful purpose
  • Submit false, misleading, or fraudulent information
  • Send harassing, threatening, defamatory, hateful, or sexually explicit content to our team or via our messaging channels
  • Attempt to gain unauthorized access to our systems
  • Use automated tools to scrape, spam, or otherwise abuse our services
  • Resell our products without our written consent
  • Impersonate another person or business

We reserve the right to block, ban, or refuse service to anyone who violates these terms.

8. AI-assisted replies — disclaimers

Our messaging channels (WhatsApp, Messenger, Instagram) use an AI assistant (Anthropic Claude) to draft automatic replies to customer inquiries. The AI is configured to provide helpful information and to direct ordering customers to our website.

You acknowledge that:

  • AI responses may contain inaccuracies, omissions, or errors
  • AI responses are not legally binding offers, contracts, or commitments
  • Pricing, availability, allergen information, and order details must be confirmed by a human team member to be authoritative
  • For sensitive matters (complaints, refunds, allergies, special dietary requirements) you should request a human agent

You may at any time request to speak with a human by writing "hablar con persona" or by contacting info@kesiyos.com.

9. Intellectual property

The Kesiyos brand, logo, recipes, photography, menu copy, website design, and all other content are the property of Fusión Gastronómica, S.A. or its licensors. You may not copy, reproduce, modify, or distribute any of this content without our prior written consent, except for personal, non-commercial use of materials we make available for download (e.g., your invoice PDF).

10. Privacy

Our handling of personal information is described in our Privacy Policy. By using our services you also agree to that Privacy Policy.

11. Disclaimers and liability

11.1 Service "as is"

Our services are provided "as is" and "as available". We do not warrant that our website will be uninterrupted, error-free, or free of malicious code, although we make reasonable efforts to that end.

11.2 Food safety

We prepare food with care under Guatemalan health and safety standards. However, our kitchen handles common allergens (gluten, dairy, eggs, soy, peanuts, tree nuts, fish, shellfish). If you have severe allergies, please contact a human team member at +502 3010 5018 before ordering to confirm whether we can safely accommodate you.

11.3 Limitation of liability

To the maximum extent permitted by Guatemalan law, our total liability arising from or related to your use of our services shall not exceed the total amount you paid us in the 6 months prior to the event giving rise to the claim, or one hundred U.S. dollars (USD 100.00), whichever is greater. This limit does not apply to liability arising from our willful misconduct or to claims that cannot be limited under Guatemalan law (for example, personal injury caused by our negligence).

11.4 Third-party services

We are not responsible for the acts, omissions, or failures of third-party providers (Recurrente, INFILE, InDrive, Meta, Anthropic, AWS) beyond reasonable diligence in selecting them.

12. Force majeure

We are not liable for delays or failures to perform caused by events beyond our reasonable control, including natural disasters, war, civil unrest, government action, labor disputes, supplier failures, internet or telecommunications outages, and pandemics.

13. Changes to these Terms

We may modify these Terms from time to time. The "Last updated" date at the top reflects the most recent version. Material changes will be communicated via our website at least 14 days before they take effect. Continued use of our services after that date constitutes acceptance of the new Terms.

14. Governing law and disputes

These Terms are governed by the laws of the Republic of Guatemala. Any dispute arising from or related to these Terms or our services shall be submitted to the competent courts of the municipality of Guatemala, with the express waiver of any other forum that might otherwise apply.

Before initiating litigation, parties agree to attempt good-faith resolution by direct communication for a period of at least 30 calendar days.

15. Contact

For questions about these Terms:

Fusión Gastronómica, S.A. (Kesiyos) 4 Avenida 20-44, Ciudad de Guatemala, Guatemala Email: info@kesiyos.com WhatsApp: +502 3010 5018

16. Commercial Sales Terms for B2B Invoicing (Addendum)

This section applies additionally to corporate (B2B) customers who receive invoices from Fusión Gastronómica, S.A. for services or products contracted under a purchase order, master agreement, or open account — including consulting and professional-services invoicing. The clauses above (Sections 1–15) govern the retail restaurant consumer; this Section 16 supplements when the B2B context applies.

  1. Waiver of client's terms. The client expressly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

  2. Payment terms. Our invoices are payable within 21 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, Kesiyos reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. Kesiyos will be authorized to suspend any provision of services without prior warning in the event of late payment.

  3. Debt collection. If a payment is still outstanding more than sixty (60) days after the due payment date, Kesiyos reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.

  4. Withholding at source. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can Kesiyos become involved in costs related to a country's legislation other than Guatemala. The amount of the invoice will therefore be due to Kesiyos in its entirety and does not include any costs relating to the legislation of the country in which the client is located.

  5. Best-effort performance (no obligation to achieve results). Kesiyos undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve specific results. Kesiyos cannot under any circumstances be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.

  6. Claim notification window. In order to be admissible, Kesiyos must be notified of any claim by means of a letter sent by recorded delivery to its registered office (4 Avenida 20-44, Ciudad de Guatemala) within 8 days of the delivery of the goods or the provision of the services.

  7. Governing law for B2B. All B2B contractual relations are governed exclusively by the laws of the Republic of Guatemala, consistent with Section 14.

The Spanish-language version of these Terms is the binding version in case of any discrepancy with this English-language version.