Terms and Conditions for Fooday

1. Parties and Definitions

"Fooday" refers to Affandi AB, org. no. 559126-5417 ("the Provider"). "The Restaurant" refers to the legal or natural person who registers an account and uses the service. "The Service" refers to Fooday's ordering and administration platform including any integrations (e.g., payment, SMS, email, printing).

2. The Service

Fooday provides a cloud-based platform for online ordering, order management, and related features. Features may vary over time. Fooday may at any time update, modify, or discontinue features to improve security, performance, or user experience.

3. Account, Permissions, and Security

1. The Restaurant is responsible for ensuring that information provided during registration is accurate and up to date.
2. The Restaurant is responsible for managing logins/permissions and keeping passwords confidential.
3. Suspected unauthorized use must be immediately reported to Fooday.

4. Fees and Payment

1. Fees are stated in Fooday's price list or separate agreement. Fooday may change fees with reasonable advance notice.
2. Payments from end customers are handled by the payment provider (e.g., Stripe). Transaction fees, chargebacks, payout delays, and KYC/AML requirements are handled between the Restaurant and the payment provider.
3. Any refunds to end customers are initiated and paid for by the Restaurant.
4. Taxes and fees (e.g., VAT) are the Restaurant's responsibility to handle correctly.

5. Orders and Customer Relations

Fooday is only a technical intermediary. Contracts and rights/obligations in the customer relationship arise between the Restaurant and the end customer. The Restaurant is responsible for delivering orders according to agreed quality, time, and price, as well as for customer service and complaints.

6. Content and Compliance

The Restaurant is responsible for all content (texts, images, price lists, allergen information, etc.) and warrants that the content is accurate and does not infringe third-party rights or applicable law (including marketing and food safety regulations).

7. Third-Party Integrations

The Service may integrate with third parties (e.g., Stripe, SMS/email providers, printing services). Such third-party availability, terms, and costs may change. Fooday is not responsible for errors, interruptions, or damages caused by third parties.

8. Availability, Operations, and Support

1. The Service is provided "as is" without guaranteed uptime, unless otherwise agreed in writing (SLA).
2. Scheduled maintenance may occur with reasonable advance notice. Urgent measures may need to be taken without prior notification.
3. Support is offered to a reasonable extent according to Fooday's current procedures and business hours.

9. Data Protection (GDPR) and Personal Data

1. Fooday processes personal data as a data processor for the Restaurant to the extent required to deliver the Service.
2. The Restaurant is responsible for legal basis, information to data subjects, and deletion in accordance with GDPR.

10. Intellectual Property Rights

All rights to Fooday's software, trademarks, and know-how belong to Fooday or its licensors. No license beyond what is stated herein is granted. The Restaurant may not copy, decompile, or circumvent technical protections.

11. Resellers

If the Restaurant subscribes to the Service through a reseller, additional terms between the Restaurant and the reseller also apply. Fooday is not responsible for the reseller's promises, prices, or commitments.

12. Prohibited Use

The Restaurant may not use the Service for illegal activities, spam, intrusion, or other misuse. Fooday may immediately suspend accounts that violate the law or these terms.

13. Limitation of Liability

1. Fooday is not liable for indirect damages such as lost profits, data loss, goodwill damage, or consequential damages.
2. Fooday's aggregate liability during any 12-month period is limited to an amount equal to the fees paid by the Restaurant to Fooday during the three (3) months preceding the damage event.
3. Limitations do not apply in cases of intent or gross negligence where such limitation is invalid under mandatory law.

14. Force Majeure

A party is exempt from liability for failure to fulfill an obligation due to circumstances beyond the party's control that the party could not reasonably have foreseen or overcome (e.g., government decisions, network/infrastructure outages, war, strikes, natural disasters).

15. Contract Term and Termination

1. The agreement applies until further notice unless otherwise agreed. Either party may terminate the agreement with 30 days' notice.
2. Material breach of contract gives Fooday the right to suspend or terminate with immediate effect.
3. Upon termination, customer data is deleted or returned according to the Data Processing Agreement and Fooday's procedures.

16. Changes to Terms

Fooday may update these terms. Material changes will be notified with reasonable advance notice via the Service or email. Continued use after a change constitutes acceptance.

17. Governing Law and Disputes

Swedish law shall apply. Disputes shall be settled by Swedish public courts with the Stockholm District Court as the first instance, unless mandatory consumer protection rules state otherwise.

18. Contact

Affandi AB
Org. no.: 559126-5417
Email: support@fooday.se