1. Introduction
Welcome to Foodfy ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of the Foodfy platform, including our website at foodfy.ai, mobile applications for iOS and Android, application programming interfaces (APIs), merchant dashboards, point-of-sale systems, kitchen display systems, website and mobile app builders, AI-powered tools, drone delivery infrastructure, and all related services, features, content, and functionality (collectively, the "Platform").
By creating an account, accessing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
2. Definitions
Throughout these Terms, the following definitions apply:
- Platform: The Foodfy website, mobile applications, APIs, merchant dashboards, embedded tools (POS, KDS, website builder, app builder, ScreensCaster), AI services, drone delivery network, and all associated services, features, and infrastructure operated by Foodfy.
- User: Any individual or entity who accesses or uses the Platform in any capacity, including Customers, Business Partners, Delivery Partners, Territory Partners, Corporate Accounts, Investors, and Influencers.
- Customer: An individual who uses the Platform to browse, discover, order, or purchase products and services from Business Partners, including through web, mobile app, QR code, self-service kiosk, or third-party delivery integrations.
- Business Partner: Any restaurant, grocery store, pharmacy, flower shop, retail store, supplier, brand, dark kitchen, or other commercial entity that lists products or services on the Platform, uses Foodfy technology tools, or participates in the Foodfy marketplace.
- Delivery Partner: An individual or entity that provides delivery services through the Platform, whether via traditional vehicle-based delivery or through the Foodfy drone delivery network.
- Territory Partner: An individual or entity that manages Foodfy operations within a designated geographic territory, operating at one of five levels: Region Head, Country Head, State Head, City Head, or Area Head.
- Corporate Account: An organization enrolled in Foodfy for Work that provides meal benefits to its employees through pre-funded digital wallets, group ordering, and expense management on the Platform.
- Foodfy Gold: The Platform subscription membership program that provides Customers with benefits including free delivery, order discounts, priority support, and other premium features.
- NutriLife: The Platform health and nutrition tracking service that enables users to log meals, track calories and macronutrients, record biometric data, and receive AI-powered nutritional guidance.
- AI Services: All artificial intelligence and machine learning features provided through the Platform, including but not limited to the Foodfy AI Hub, chatbots, menu optimization, demand forecasting, automated marketing, nutritional analysis, and AI-powered customer support.
- DronePort: A designated physical location within the Foodfy drone delivery network that serves as a relay point for drone-based deliveries, operated by hosts under agreement with Foodfy.
- Content: All text, images, graphics, photos, audio, video, data, software, information, and other materials made available through the Platform.
- User Content: Any content, data, text, images, reviews, ratings, or other materials submitted, posted, or transmitted by Users through the Platform.
3. Eligibility
To access or use the Platform, you must meet all of the following requirements:
- Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
- Have the legal capacity and authority to enter into a binding contractual agreement.
- Provide accurate, current, and complete information during the registration process and maintain the accuracy of such information.
- Not have been previously suspended, removed, or permanently banned from the Platform.
- Not be located in, or a resident of, any jurisdiction where use of the Platform would violate applicable local, national, or international law.
- If registering as a Business Partner, hold all necessary licenses, permits, and regulatory approvals required to operate your business and sell products or services in your jurisdiction.
By using the Platform, you represent and warrant that you meet all eligibility requirements. Foodfy reserves the right to verify your eligibility at any time and to deny or revoke access if these requirements are not met.
4. Account Registration and Security
To access certain features of the Platform, you must create an account. When you register, you agree to:
- Provide truthful, accurate, and complete registration information, including your legal name, valid email address, and phone number.
- Create a strong password and maintain the strict confidentiality of your login credentials.
- Enable two-factor authentication (2FA) when available, particularly for Business Partner, Territory Partner, and administrative accounts.
- Notify Foodfy immediately at [email protected] if you become aware of any unauthorized access to or use of your account.
- Accept full responsibility for all activities that occur under your account, whether or not authorized by you.
- Not share your account credentials with any other person or allow multiple individuals to use a single account, unless the account type expressly permits multiple users (e.g., Business Partner staff accounts).
Foodfy reserves the right to suspend or terminate any account that we reasonably believe is being used in violation of these Terms, is involved in fraudulent activity, or poses a security risk to the Platform or other Users.
5. Platform Services
5.1 For Customers
Foodfy provides a technology platform that connects Customers with local businesses across multiple verticals including companies, grocery stores, pharmacies, flower shops, and retail stores. We facilitate the discovery, ordering, payment, and delivery process. Foodfy acts as a technology intermediary and is not the seller, manufacturer, or provider of the products or services listed by Business Partners. Each Business Partner is independently and solely responsible for the quality, safety, legality, accuracy, and fulfillment of their offerings.
Customers may access the Platform through multiple channels including the Foodfy website, mobile applications, QR code table ordering, self-service kiosks at participating locations, and through integrated third-party delivery platforms.
5.2 For Business Partners
Foodfy provides Business Partners with a comprehensive, all-in-one technology suite designed to digitize and optimize their operations. This includes, but is not limited to: cloud point-of-sale (POS) systems, kitchen display systems (KDS), menu and inventory management, customer relationship management (CRM) with loyalty programs, AI-powered analytics and demand forecasting, website and mobile app builders, digital signage (ScreensCaster), event and ticketing management, reservation and host station, procurement management, document vault, employee and HR management, expense tracking, accounting integration, omnichannel messaging (WhatsApp, SMS, email), advertising and marketing automation, influencer management, customer surveys, self-service kiosk software, QR code ordering, delivery platform integrations, payment terminal integration, and franchise management.
Business Partners retain full ownership of their customer data, order history, and business analytics generated through the Platform. Foodfy does not claim ownership of Business Partner data and provides tools for data export and portability.
5.3 For Delivery Partners
Delivery Partners operate as independent contractors and are not employees, agents, or representatives of Foodfy. Foodfy provides the technology platform to facilitate delivery requests, route optimization, and order tracking. The specific terms governing the relationship between Foodfy and Delivery Partners are set forth in the separate Delivery Partner Agreement, which must be accepted prior to performing deliveries.
Delivery Partners are solely responsible for maintaining appropriate insurance, valid licenses, and compliance with all applicable transportation and delivery regulations in their jurisdiction.
5.4 For Territory Partners
Territory Partners manage Foodfy operations within designated geographic areas under the terms of a separate Territory Partner Agreement. Territory Partners operate at one of five hierarchical levels: Region Head, Country Head, State Head, City Head, or Area Head. Each level carries specific responsibilities, performance obligations, and profit-sharing arrangements as detailed in the applicable Territory Partner Agreement.
Territory Partner positions are subject to availability, performance review, and compliance with Foodfy operational standards. Foodfy reserves the right to modify territory boundaries, reassign territories, or terminate Territory Partner agreements in accordance with the applicable agreement terms.
5.5 For Corporate Accounts (Foodfy for Work)
Organizations enrolled in Foodfy for Work receive access to corporate meal management tools, including pre-funded employee digital wallets, group ordering capabilities, expense tracking and reporting, and integration with HR systems. Corporate Account administrators are responsible for managing employee access, funding allocations, and ensuring compliance with their organization internal expense policies.
5.6 For Investors
The Platform provides features for accredited investors to explore investment opportunities in the Foodfy ecosystem, including direct investment in Foodfy, DronePort infrastructure, and related ventures. All investment activities are subject to applicable securities laws and regulations. Investment features on the Platform do not constitute financial advice, and Users should consult qualified financial advisors before making investment decisions. Access to investment features may require additional identity verification and accreditation checks.
5.7 For Influencers
The Platform provides tools for content creators and influencers to collaborate with Business Partners on promotional campaigns. Influencer activities are governed by the Influencer Program Terms and must comply with all applicable advertising disclosure laws and regulations, including requirements to clearly disclose sponsored content and material connections.
6. Orders and Payments
When you place an order through the Platform, the following terms apply:
- You agree to pay the full price for all items ordered, including the listed product price, applicable taxes, service fees, delivery charges, and any gratuity you choose to add.
- Product prices are set independently by Business Partners. Foodfy does not mark up product prices and does not control the pricing decisions of Business Partners.
- Payment is processed securely through our PCI DSS-compliant third-party payment processors, including Stripe. Foodfy does not store your full payment card number, CVV, or other sensitive payment credentials on our servers.
- Orders are subject to acceptance by the Business Partner. A Business Partner may decline an order due to capacity constraints, inventory unavailability, operating hours, delivery distance, or other legitimate reasons.
- An order confirmation does not guarantee fulfillment. The contract for the sale of products is between you and the Business Partner, not between you and Foodfy.
- Refund and cancellation policies vary by Business Partner, order type, and the stage of order processing. Refund requests are evaluated on a case-by-case basis considering factors such as the reason for the request, time elapsed, and order status.
- For orders placed through Foodfy for Work corporate wallets, the payment is deducted from your employer-funded wallet balance. Corporate wallet terms are governed by the agreement between Foodfy and your employer.
- Tips and gratuities are voluntary and are passed through to Delivery Partners or Business Partner staff in full. Foodfy does not retain any portion of tips.
7. Platform Fees
Foodfy charges platform fees to Business Partners for use of its technology and marketplace services. The fee structure is designed to be transparent and competitive:
- Marketplace platform fees are capped at a maximum of 10% of order value for orders placed through the Foodfy marketplace.
- Business Partners using Foodfy technology for their own direct orders (through their own branded website or app built on Foodfy) are subject to a reduced platform fee as specified in their Business Partner Agreement.
- AI Services are billed on a pay-as-you-go credit system. AI credits are purchased in advance and consumed based on usage. Credit pricing and consumption rates are published in the AI Services pricing page and may be updated with prior notice.
- Foodfy Gold subscription fees are charged to subscribing Customers as detailed in Section 8.
- Foodfy for Work corporate account fees, if applicable, are governed by the separate corporate services agreement.
Customers are not charged platform fees beyond the prices displayed at checkout. All fees, charges, and applicable taxes are clearly itemized before order confirmation.
8. Foodfy Gold Membership
Foodfy Gold is a paid subscription membership program that provides premium benefits to Customers. By subscribing to Foodfy Gold, you agree to the following terms:
8.1 Subscription and Billing
- Foodfy Gold subscriptions are billed on a recurring basis (monthly or annually) as selected at the time of purchase. Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date.
- Payment is processed through Stripe. By subscribing, you authorize Foodfy to charge your designated payment method for the subscription fee at each renewal period.
- Subscription prices may change with at least 30 days advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.
8.2 Benefits
- Foodfy Gold benefits may include free or discounted delivery, percentage discounts on orders, priority customer support, early access to new features, and exclusive promotions. Specific benefits vary by plan tier and geographic availability.
- Benefits apply only to eligible orders placed through the Foodfy Platform and are subject to minimum order values, participating Business Partner availability, and other conditions as specified.
- Foodfy reserves the right to modify, add, or remove specific benefits with reasonable advance notice to subscribers.
8.3 Trial Period
Foodfy may offer a free or discounted trial period for new Foodfy Gold subscribers. At the end of the trial period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial period ends. You may only use one trial per account.
8.4 Cancellation and Refunds
- You may cancel your Foodfy Gold subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access to Gold benefits until that date.
- No prorated refunds are provided for partial billing periods. If you cancel during a trial period, you will not be charged.
- Foodfy reserves the right to terminate or suspend a Gold membership if we detect abuse, fraud, or violation of these Terms.
8.5 Account Restrictions
Foodfy Gold memberships are personal and non-transferable. Account sharing, resale, or exploitation of Gold benefits for commercial purposes is strictly prohibited and may result in immediate termination of the membership without refund.
9. Foodfy for Work (Corporate Accounts)
Foodfy for Work enables organizations to provide meal benefits to their employees through the Platform. The following terms apply:
- Corporate Account terms, including pricing, wallet funding schedules, and allocation limits, are governed by the separate Foodfy for Work Agreement between Foodfy and the enrolling organization.
- Corporate Account administrators are responsible for inviting and managing employees, setting allocation amounts and frequency, monitoring usage, and ensuring compliance with their organization internal policies.
- Employee wallet balances are funded by the employer and may only be used for eligible purchases on the Platform. Wallet balances are non-transferable, cannot be withdrawn as cash, and expire as specified in the Corporate Account Agreement.
- Foodfy processes employee personal data (name, email, department, cost center) as a data processor on behalf of the employer (data controller). Details are provided in our Privacy Policy.
- If an employee leaves the organization or is removed from the Corporate Account, their wallet balance is returned to the organization. Remaining personal account functionality is unaffected.
10. NutriLife Health and Nutrition Services
NutriLife is a health and nutrition tracking feature available through the Platform. By using NutriLife, you acknowledge and agree to the following:
10.1 Not a Medical Service
NutriLife is a wellness and informational tool only. It is NOT a medical device, medical service, or substitute for professional medical advice, diagnosis, or treatment. The nutritional information, calorie calculations, macro and micronutrient tracking, AI-powered dietary suggestions, and health insights provided by NutriLife are for general informational purposes only. You should always consult a qualified healthcare professional before making dietary changes, starting a fitness program, or making decisions about your health.
10.2 Health and Biometric Data
NutriLife may collect and process sensitive health-related data, including but not limited to: body weight, body fat percentage, blood glucose levels, blood pressure, heart rate, sleep patterns, hydration levels, mood, energy levels, stress levels, digestive health indicators, waist and hip measurements, and BMI. This data is classified as special category data under applicable privacy regulations. By using NutriLife, you provide explicit consent for the collection and processing of this data as described in our Privacy Policy.
10.3 AI-Powered Analysis
NutriLife uses artificial intelligence to analyze food photos, estimate nutritional content, generate personalized meal plans, and provide dietary recommendations. AI analysis is probabilistic and may not be perfectly accurate. Confidence scores are provided where available, but you should not rely solely on AI-generated nutritional data for medical or critical dietary decisions.
10.4 Data Accuracy
Nutritional data sourced from third-party databases (including Open Food Facts) is provided "as is" and may contain inaccuracies. Foodfy makes reasonable efforts to maintain data quality but does not guarantee the accuracy, completeness, or timeliness of nutritional information.
11. AI-Powered Features
The Platform integrates artificial intelligence and machine learning capabilities across multiple features. By using AI-powered features, you acknowledge and agree to the following:
11.1 AI-Generated Content
AI Services may generate text, images, suggestions, analytics, predictions, and recommendations. All AI-generated content is provided for informational and assistive purposes only. AI outputs may be inaccurate, incomplete, or outdated. You are solely responsible for reviewing, verifying, and deciding whether to act on any AI-generated content.
11.2 Automated Decision-Making
Certain Platform features use automated processing to deliver personalized experiences, including search result ranking, restaurant and product recommendations, dynamic pricing suggestions for Business Partners, demand forecasting, and fraud detection. You have the right to request human review of decisions made solely through automated processing that significantly affect you, as detailed in our Privacy Policy.
11.3 AI Credits and Billing
Business Partners access AI Services through a pay-as-you-go credit system. AI credits are prepaid, non-refundable (except where required by law), and expire as specified at the time of purchase. Credit consumption rates vary by feature and are detailed in the AI Services documentation. Foodfy reserves the right to modify credit pricing and consumption rates with prior notice.
11.4 Third-Party AI Providers
Foodfy AI Services are powered in part by third-party providers, including Anthropic and OpenAI. Your use of AI features is subject to the acceptable use policies of these providers. Foodfy does not guarantee uninterrupted availability of AI features, as they depend on third-party infrastructure.
11.5 Limitations
Foodfy does not warrant that AI outputs are error-free, suitable for any particular purpose, or free from bias. AI models are trained on historical data and may not account for emerging trends, local preferences, or individual circumstances. Business decisions should not be based solely on AI-generated recommendations.
12. Drone Delivery Services
Foodfy operates a hybrid drone delivery network that combines traditional vehicle-based delivery with autonomous and semi-autonomous drone delivery. By using or receiving drone delivery services, you agree to the following:
12.1 Service Availability
Drone delivery is available only in designated areas where regulatory approvals have been obtained and DronePort infrastructure is operational. Availability may be limited by weather conditions, air traffic restrictions, regulatory changes, maintenance schedules, and operational capacity. Foodfy reserves the right to substitute drone delivery with traditional delivery methods at any time without prior notice.
12.2 Delivery Conditions
Drone deliveries utilize a multi-leg relay system through DronePort locations. You must provide accurate delivery location information and ensure the designated delivery area is accessible, clear of obstructions, and safe for drone landing. Foodfy is not liable for delivery delays or failures caused by inaccurate delivery information, obstructed delivery zones, or conditions beyond our reasonable control.
12.3 Safety and Regulations
All drone operations comply with applicable aviation regulations and safety standards in each operating jurisdiction. You agree not to interfere with, obstruct, or tamper with any drone, DronePort equipment, or delivery in progress. Interference with drone operations may constitute a violation of aviation law and will result in immediate account termination and referral to appropriate authorities.
12.4 DronePort Host Terms
Individuals and organizations hosting DronePort infrastructure operate under separate DronePort Host Agreements that govern installation, maintenance, revenue sharing, insurance, and operational requirements. DronePort host terms are not covered by these general Terms of Service.
13. Territory Partner Program
The Foodfy Territory Partner Program enables entrepreneurs to manage Foodfy operations within designated geographic areas. By participating in the Territory Partner Program, you agree to the following:
- Territory Partners operate under a separate Territory Partner Agreement that defines the scope of the territory, performance expectations, profit-sharing arrangements, and operational standards.
- Territory assignments are non-exclusive unless expressly stated otherwise in the Territory Partner Agreement. Foodfy reserves the right to operate directly or through other partners in any territory.
- Territory Partners must meet minimum performance benchmarks, adhere to Foodfy brand guidelines, and maintain professional conduct in all interactions with Business Partners, Customers, and the public.
- Territory Partners are independent contractors and are not employees, franchisees, or agents of Foodfy. Nothing in the Territory Partner Agreement creates an employment, franchise, joint venture, or agency relationship.
- Foodfy may modify territory boundaries, restructure the hierarchy of territory levels, or terminate Territory Partner agreements in accordance with the terms specified in the applicable agreement.
14. Business Claiming
Foodfy maintains a comprehensive directory of local businesses across the jurisdictions in which we operate. If your business is already listed in our directory, you may claim your business profile through our verification process. By claiming a business profile, you agree to the following:
- You must be the legal owner, authorized officer, or duly authorized representative of the business to initiate a claim.
- The claiming process requires identity verification, proof of business ownership (such as trade license, business registration, or equivalent documentation), and may include phone or email verification.
- Foodfy reserves the right to deny, revoke, or reverse any claim that cannot be satisfactorily verified, or if we have reasonable grounds to believe the claim is fraudulent or unauthorized.
- Once a business is claimed, you assume responsibility for the accuracy of all business information displayed on the Platform, including business name, address, operating hours, menu, pricing, and contact details.
15. Website and Mobile App Builder
Foodfy provides Business Partners with tools to create custom-branded websites and mobile applications. By using the Website Builder or Mobile App Builder, you agree to the following:
- You are solely responsible for all content published on your Foodfy-built website or mobile application, including text, images, product listings, pricing, and promotional materials.
- Your website and mobile application must not contain content that is illegal, infringing, defamatory, fraudulent, misleading, or violative of any applicable law or regulation.
- Custom domains connected to Foodfy-built websites remain your property. Foodfy provides DNS configuration assistance but is not responsible for domain registration, renewal, or disputes.
- Mobile applications built through the Foodfy App Builder are subject to the app store policies of Apple (App Store) and Google (Google Play). You are responsible for ensuring your app content complies with all applicable app store guidelines.
- Foodfy may remove or disable websites or mobile applications that violate these Terms, applicable law, or third-party rights, with or without prior notice.
16. Events and Ticketing
The Platform provides tools for Business Partners to create, manage, and sell tickets to events. The following terms apply to event ticketing:
- Event organizers (Business Partners) are solely responsible for the planning, execution, and fulfillment of events listed on the Platform. Foodfy acts as a technology facilitator and is not the organizer, producer, or co-host of any event.
- Ticket purchases are final and subject to the refund and cancellation policy set by each event organizer. Foodfy is not liable for event cancellations, postponements, changes, or the quality of the event experience.
- Event organizers are responsible for compliance with all applicable event licensing, safety, capacity, and regulatory requirements in their jurisdiction.
- Ticket resale, transfer, or scalping is prohibited unless expressly permitted by the event organizer. Foodfy reserves the right to cancel tickets obtained through unauthorized resale channels.
17. Business Sale Marketplace
The Platform provides a marketplace feature where Business Partners may list their businesses for sale or explore acquisition opportunities. By using this feature, you agree to the following:
- Foodfy acts solely as a technology facilitator connecting potential buyers and sellers. Foodfy is not a party to any sale transaction, does not provide valuations or financial advice, and does not guarantee the completion of any transaction.
- Sellers are responsible for the accuracy and completeness of all listing information, including financial data, operational details, and representations about the business.
- Buyers are responsible for conducting their own due diligence before entering into any transaction. Foodfy does not verify the accuracy of seller representations.
- Both parties are responsible for engaging qualified legal, financial, and tax advisors to facilitate any business sale transaction.
18. Third-Party Integrations
The Platform integrates with various third-party services to enhance functionality. These integrations include but are not limited to:
- Delivery platform integrations (Uber Eats, Deliveroo, Talabat, Keeta, Careem, and others) that enable Business Partners to receive and manage orders from multiple channels.
- Accounting software integrations (Xero, QuickBooks) for financial management and reconciliation.
- Payment processing services (Stripe) for secure transaction handling.
- Communication platforms (WhatsApp, SMS via Twilio, email) for messaging and notifications.
- Mapping services (Google Maps) for location-based features, delivery routing, and business discovery.
- Advertising platforms (Meta, Google Ads) for marketing campaign management.
Third-party integrations are governed by the respective terms and conditions of each third-party provider. Foodfy is not responsible for the availability, accuracy, or performance of third-party services. Data shared with third-party integrations is described in our Privacy Policy.
19. Promotional Credits, Coupons, and Offers
- Promotional credits, coupon codes, referral bonuses, and special offers ("Promotions") are issued at Foodfy discretion and are subject to specific terms and conditions communicated at the time of issuance.
- Promotions are non-transferable, may not be combined with other offers (unless stated otherwise), and have no cash value.
- Promotions may have expiration dates, minimum order values, geographic restrictions, and category limitations.
- Foodfy reserves the right to modify or cancel any Promotion at any time, and to revoke Promotions obtained through fraud, abuse, error, or violation of the applicable terms.
- Systematic or automated exploitation of Promotions, including creation of multiple accounts to redeem promotions, is strictly prohibited and will result in account suspension, forfeiture of credits, and potential legal action.
20. Intellectual Property
20.1 Foodfy Intellectual Property
All content, features, and functionality of the Platform — including but not limited to the Foodfy name, logo, and trademarks; the design, layout, and look and feel of the Platform; all text, graphics, icons, images, and photographs; all software, source code, algorithms, AI models, and underlying technology; all APIs, data structures, and technical documentation — are owned by Foodfy or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
20.2 Limited License
Subject to your compliance with these Terms, Foodfy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes. This license does not include the right to: reproduce, distribute, modify, create derivative works of, publicly display, reverse engineer, decompile, or disassemble any part of the Platform or its underlying technology.
20.3 Business Partner Content
Business Partners retain ownership of their original content, including menus, product descriptions, photographs, logos, and branding materials uploaded to the Platform. By uploading content, Business Partners grant Foodfy a worldwide, non-exclusive, royalty-free license to display, reproduce, and distribute such content solely in connection with the operation and promotion of the Platform.
21. User Content
You may submit reviews, ratings, photos, comments, and other content ("User Content") through the Platform. By submitting User Content, you:
- Grant Foodfy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with the Platform, including for marketing and promotional purposes.
- Represent and warrant that you own or have the necessary rights and permissions to submit the User Content and to grant the license described above.
- Represent that your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other legal rights.
- Agree not to submit User Content that is false, misleading, fraudulent, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable or in violation of any applicable law.
Foodfy does not endorse any User Content and is not responsible for User Content posted by third parties. We reserve the right to remove, edit, or disable any User Content that violates these Terms, at our sole discretion and without prior notice.
22. Prohibited Conduct
You agree that you will not, and will not assist or enable any third party to:
- Use the Platform for any unlawful, fraudulent, or malicious purpose, or in violation of any applicable local, national, or international law or regulation.
- Impersonate any person or entity, or falsely state or misrepresent your identity, age, or affiliation with any person or entity.
- Interfere with, disrupt, degrade, or place an unreasonable or disproportionate load on the Platform, its servers, networks, or connected infrastructure.
- Attempt to gain unauthorized access to any part of the Platform, other user accounts, computer systems, or networks connected to the Platform through hacking, password mining, social engineering, or any other means.
- Use any automated system, including but not limited to robots, spiders, scrapers, data mining tools, or artificial intelligence to access, extract, copy, or monitor data from the Platform without our express written permission.
- Engage in fraudulent transactions, payment fraud, or manipulation of orders, reviews, ratings, search results, or any other Platform feature.
- Upload, transmit, or distribute any malware, viruses, worms, Trojan horses, or other harmful or malicious code.
- Harass, threaten, intimidate, or abuse other Users, Business Partners, Delivery Partners, Territory Partners, or Foodfy employees.
- Circumvent, disable, or interfere with security features of the Platform, including features that prevent or restrict use, copying, or access.
- Use the Platform to compile, directly or indirectly, a collection of business listings, product data, pricing information, or customer data for use outside the Platform.
23. Warranty Disclaimers
THE PLATFORM AND ALL CONTENT, FEATURES, SERVICES, AI OUTPUTS, NUTRITIONAL DATA, AND INFORMATION PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOODFY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
Without limiting the foregoing, Foodfy does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the Platform will be accurate, reliable, or complete; (c) any errors or defects will be corrected; (d) the Platform or the servers that make the Platform available are free of viruses or other harmful components; or (e) AI-generated content, nutritional data, or health insights are accurate or suitable for any particular purpose.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOODFY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to, use of, or inability to access or use the Platform.
- Any products, services, or content obtained from or through the Platform, including food quality, food safety, and delivery issues.
- Any unauthorized access to, alteration of, or loss of your data, transmissions, or content.
- Any conduct or content of any User, Business Partner, Delivery Partner, or other third party on or through the Platform.
- Any AI-generated content, recommendations, predictions, or decisions.
- Any health or nutritional information provided through NutriLife or other Platform features.
- Any failure, delay, or disruption in drone delivery services.
- Any investment decisions made based on information available through the Platform.
IN NO EVENT SHALL FOODFY TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO FOODFY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FOODFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25. Indemnification
You agree to indemnify, defend, and hold harmless Foodfy and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees and court costs) arising out of or in connection with:
- Your access to or use of the Platform.
- Your violation of these Terms or any applicable law or regulation.
- Your User Content or business listings.
- Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights.
- Any products or services you provide as a Business Partner through the Platform.
- Any delivery services you provide as a Delivery Partner through the Platform.
- Any dispute between you and another User of the Platform.
26. Dispute Resolution
26.1 Informal Resolution
Before initiating formal proceedings, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform through good-faith informal negotiation. You may initiate the informal dispute resolution process by contacting us at [email protected] with a written description of the dispute. We will attempt to resolve the dispute within thirty (30) days of receipt.
26.2 Binding Arbitration
If the dispute cannot be resolved through informal negotiation within thirty (30) days, either party may elect to resolve the dispute through binding arbitration administered by a recognized arbitration institution in the jurisdiction applicable to the dispute. The arbitration shall be conducted by a single arbitrator, in the English language, and the decision shall be final and binding on both parties.
26.3 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Foodfy.
26.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data protection obligations.
27. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the relevant Foodfy entity operates, without regard to conflict of law principles. As Foodfy operates across multiple countries through its Territory Partner network, the specific governing law and jurisdiction may vary depending on your location, the nature of the dispute, and the Foodfy entity with which you have a contractual relationship.
For Users located in the European Economic Area (EEA), nothing in these Terms shall deprive you of the protection afforded by mandatory consumer protection provisions of the law of your country of residence.
28. Termination
We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without prior notice. Grounds for termination include, but are not limited to:
- Violation of these Terms or any other Foodfy policy or agreement.
- Fraudulent, abusive, or illegal activity.
- Failure to pay any fees owed to Foodfy.
- Prolonged inactivity of your account.
- Request by law enforcement or government authorities.
- Discontinuation or material modification of the Platform or any of its services.
Upon termination: (a) your right to use the Platform immediately ceases; (b) we may delete your account data after a reasonable retention period, subject to our Privacy Policy and applicable legal obligations; (c) any outstanding payment obligations survive termination; and (d) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 20, 21, 23, 24, 25, 26, 27, and 29-33.
29. Modifications to These Terms
Foodfy reserves the right to modify, amend, or update these Terms at any time. When we make material changes, we will:
- Update the "Last updated" date at the top of this page.
- Provide prominent notice on the Platform (such as a banner or in-app notification).
- For material changes that substantially affect your rights or obligations, send notification to the email address associated with your account at least thirty (30) days before the changes take effect.
Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform and may close your account.
30. Force Majeure
Foodfy shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions or restrictions, sanctions, embargoes, labor disputes, power or telecommunications failures, internet or network disruptions, cyberattacks, supply chain disruptions, changes in law or regulation, or any other event that could not have been reasonably foreseen or prevented.
31. General Provisions
31.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or agreements referenced herein or agreed to by you, constitute the entire agreement between you and Foodfy concerning the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Foodfy regarding the Platform.
31.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
31.3 Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of Foodfy. Foodfy may assign, transfer, or sublicense its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
31.4 Waiver
The failure of Foodfy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Foodfy.
31.5 Notices
All notices, requests, and communications from Foodfy to you may be delivered electronically, including by email to the address associated with your account, in-app notifications, or by posting on the Platform. You agree that electronic notices satisfy any legal requirement that such communications be in writing. Notices to Foodfy must be sent to [email protected].
31.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein.
31.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
32. Contact Us
If you have any questions, concerns, or feedback about these Terms of Service, please contact us through the following channels:
- Legal Inquiries: [email protected]
- General Support: [email protected]
- Security Issues: [email protected]
- Website: foodfy.ai