Terms of Service

The Service is designed for business use. By accepting these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms on behalf of the business entity you represent
• The business entity is duly organized and validly existing under the laws of its jurisdiction
• Your use of the Service will comply with all applicable laws and regulations

We reserve the right to update or modify these Terms at any time. When we make material changes, we will provide notice through our website or by email at least 30 days before the changes take effect, unless a shorter period is required by law.

Your continued use of the Service after updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and notify us in writing.

The Pilot Program is a limited, pre-commercial program through which Foqira makes the Service available to selected restaurants for evaluation and feedback purposes. Participation in the Pilot Program is subject to acceptance by Foqira in its sole discretion.

Submitting an early access application does not guarantee acceptance into the Pilot Program.

During the Pilot Program, the following conditions apply:

• The Service is provided as-is and as-available, without any service level agreements, uptime guarantees, or performance commitments
• Features, workflows, interfaces, and functionality may change at any time without notice
• The Service may experience interruptions, bugs, data loss, or other issues inherent to pre-commercial software
• Foqira may modify, suspend, or discontinue the Pilot Program or any feature at any time, with or without notice
• Access to the Pilot Program may be revoked at Foqira’s discretion

Access to the Pilot Program is currently provided at no charge. Foqira reserves the right to introduce fees for access to the Service prior to or upon general commercial availability. Pilot Participants will receive advance notice of any applicable fees and will have the opportunity to opt out before any charges apply.

By participating in the Pilot Program, you agree that:

• Foqira may request your Feedback on the Service at any time
• You grant Foqira a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize any Feedback you provide in connection with developing, improving, or marketing the Service
• Foqira is not obligated to compensate you for Feedback or to implement any Feedback you provide
• Feedback does not create any obligation of confidentiality on Foqira’s part unless separately agreed in writing

Pilot Participants agree not to publicly disclose non-public details of the Service, including unreleased features, pricing structures, internal workflows, or technical architecture, without Foqira’s prior written consent.

Foqira will not publicly identify any Pilot Participant as a customer, pilot partner, or case study without the Participant’s prior written permission.

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Notify us immediately at foqira.info@gmail.com if you suspect unauthorized access to your account

You are responsible for all activity that occurs under your account, including actions taken by Authorized Users. You agree to ensure that all Authorized Users comply with these Terms.

You may not:

• Share your account credentials with individuals who are not Authorized Users
• Transfer your account to another party without Foqira’s written consent
• Create accounts for the purpose of reselling access to the Service
• Operate multiple accounts for the same business entity without prior authorization

The Service is available only to:

• Restaurants, cafes, food trucks, and food service businesses
• Businesses operating legally in their respective jurisdictions
• Business entities represented by individuals with authority to bind the entity

The Service is not available to consumers acting in a personal capacity, individuals under the age of 18, or businesses operating in jurisdictions where access to the Service is prohibited by law.

The Service is currently intended for businesses operating in the United States and Canada. Access from other jurisdictions is permitted where technically available, but Foqira makes no representations regarding the suitability or legality of the Service in jurisdictions outside the United States and Canada.

You may use the Service solely for your own internal business operations in connection with managing your restaurant or food service establishment, subject to these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Reproduce, copy, duplicate, resell, or exploit any portion of the Service without Foqira’s express written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Service
• Introduce viruses, malicious code, or any other harmful content into the Service
• Interfere with or disrupt the integrity, performance, or security of the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Scrape, crawl, or extract data from the Service using automated means without prior written authorization
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service to engage in fraudulent activity, including misrepresenting menu items, prices, or availability
• Sublicense, rent, lease, or transfer access to the Service to third parties
• Use the Service in a manner that could damage Foqira’s reputation or business interests

Foqira reserves the right to suspend or terminate your access to the Service immediately and without notice if you violate these acceptable use provisions. Foqira may also report violations to relevant authorities where required by law.

You are solely responsible for all Restaurant Content that you submit, upload, or display through the Service. You represent and warrant that:

• You have all necessary rights, licenses, and permissions to submit and use the Restaurant Content through the Service
• The Restaurant Content does not infringe any third-party intellectual property rights, privacy rights, or other rights
• All menu information, including item names, descriptions, ingredients, allergen information, and prices, is accurate and kept up to date
• The Restaurant Content complies with all applicable laws and regulations, including food labeling, allergen disclosure, and consumer protection requirements

You acknowledge that providing accurate allergen and dietary information through the Service is your sole responsibility. Foqira does not verify, validate, or guarantee the accuracy of any allergen, dietary, or nutritional information you provide. You agree to indemnify and hold Foqira harmless from any claims arising from inaccurate or incomplete allergen or dietary information.

By submitting Restaurant Content through the Service, you grant Foqira a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and transmit the Restaurant Content solely as necessary to provide the Service to you.

Foqira reserves the right to remove any Restaurant Content that violates these Terms, applicable law, or third-party rights, with or without notice.

The Service may integrate with or connect to Third-Party Services, including payment processors, delivery platforms, point-of-sale systems, and other tools. Your use of Third-Party Services is governed by the terms and privacy policies of those third parties.

Foqira does not control Third-Party Services and is not responsible for their performance, availability, accuracy, or security. Foqira does not guarantee that any Third-Party Service will be compatible with the Service or will remain available.

Foqira does not process payments directly. Payment processing is handled by independent, third-party payment processors. You are responsible for:

• Establishing your own agreement with the applicable payment processor
• Complying with the payment processor’s terms of service
• Any fees, chargebacks, disputes, or liabilities arising from payment transactions
• Compliance with Payment Card Industry Data Security Standards (PCI-DSS) as applicable

The Service, including its software, code, design, user interface, features, workflows, documentation, trademarks, and all related intellectual property, is owned by or licensed to Foqira. Nothing in these Terms transfers any ownership of Foqira’s intellectual property to you.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms.

You retain all ownership of your Restaurant Content and any data you submit to the Service. Nothing in these Terms transfers ownership of your content to Foqira, except for the limited license granted in Section 8.3.

You may not:

• Copy, modify, or create derivative works of the Service or any part thereof
• Use Foqira’s trademarks, logos, or branding without prior written permission
• Remove or obscure any proprietary notices or labels on the Service
• Use the Service to develop a competing product or service

Your use of the Service is subject to Foqira’s Privacy Policy, available at https://restaurant-os.foqira.com/privacy-policy/, which is incorporated into these Terms by reference.

Foqira processes personal data on your behalf as a data processor when you use the Service to manage your restaurant operations. In this context, you act as the data controller and are responsible for ensuring that your collection and use of personal data — including data about your guests and staff — complies with all applicable privacy laws.

To the extent that Foqira processes personal data on your behalf as a data processor under applicable data protection law (including GDPR, UK GDPR, or PIPEDA), the parties agree to enter into a separate Data Processing Agreement (DPA) upon request. Please contact foqira.info@gmail.com to request a DPA.

Upon termination of your account or upon request, Foqira will provide you with a copy of your Restaurant Content and operational data in a standard format within a reasonable timeframe, and will delete your data in accordance with Foqira’s data retention practices and applicable law.

The Service is currently available at no charge during the Pilot Program. Commercial pricing will be established and communicated to you prior to the end of the Pilot Program or prior to general availability, whichever occurs first.

Upon transition to a paid subscription model, the following general terms will apply unless otherwise agreed in a separate order form or subscription agreement:

• Fees will be charged on a recurring basis (monthly or annually, as selected)
• Subscriptions will automatically renew unless cancelled in accordance with the cancellation policy
• All fees are exclusive of applicable taxes, which will be added where required by law
• Payments are non-refundable except as expressly stated in these Terms or required by applicable law

You are responsible for all taxes, duties, levies, or similar governmental charges applicable to your use of the Service, excluding taxes on Foqira’s income. If Foqira is required to collect taxes on your behalf, such taxes will be added to the applicable invoice.

“Confidential Information” means any non-public information disclosed by one party to the other in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to:

• Keep the other party’s Confidential Information strictly confidential
• Not disclose Confidential Information to any third party without prior written consent
• Use Confidential Information solely for the purposes of the Service relationship
• Protect Confidential Information with at least the same degree of care used to protect its own confidential information, and no less than reasonable care

Confidentiality obligations do not apply to information that:

• Is or becomes publicly known through no breach of these Terms
• Was rightfully known before disclosure without restriction
• Is independently developed without use of Confidential Information
• Is required to be disclosed by law, regulation, or court order, provided that the disclosing party provides prompt written notice where permitted by law

Each party represents and warrants to the other that:

• It has the legal power and authority to enter into these Terms
• These Terms constitute a legally binding obligation enforceable against it
• Its performance under these Terms will not violate any applicable law or any agreement with a third party

You represent and warrant that:

• All information you provide through the Service, including menu content, pricing, and allergen information, is accurate and complete
• You have all necessary permits, licenses, and approvals required to operate your restaurant and to process food orders and payments in your jurisdiction
• Your use of the Service will comply with all applicable laws and regulations, including food safety, consumer protection, payment processing, and data protection laws

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOQIRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
• COST OF SUBSTITUTE GOODS OR SERVICES
• BUSINESS INTERRUPTION

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FOQIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOQIRA’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL FEES PAID BY YOU TO FOQIRA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (USD $100)

DURING THE PILOT PROGRAM, WHERE NO FEES HAVE BEEN PAID, FOQIRA’S TOTAL LIABILITY SHALL NOT EXCEED USD $100.

The parties acknowledge that the limitations of liability in this section are an essential element of the agreement between the parties, without which Foqira would not have entered into these Terms.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

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

• Your use of the Service in violation of these Terms
• Your Restaurant Content, including any claims of inaccurate allergen information, misleading descriptions, or intellectual property infringement
• Your violation of any applicable law or regulation
• Any claim by a third party arising from your restaurant’s operations, including guest complaints, food safety issues, or payment disputes
• Your breach of any representation or warranty under these Term

Foqira agrees to defend and indemnify you against any third-party claim alleging that the Service, as provided by Foqira and used in accordance with these Terms, infringes a valid patent, copyright, trademark, or trade secret of a third party, subject to the limitations in Section 16.

Each party’s indemnification obligations are subject to the indemnified party: (i) promptly notifying the indemnifying party of the claim in writing; (ii) giving the indemnifying party sole control of the defense and settlement; and (iii) providing reasonable cooperation at the indemnifying party’s expense.

These Terms take effect when you first access the Service or submit an early access application and remain in effect until terminated in accordance with this section.

You may terminate your account and stop using the Service at any time by providing written notice to foqira.info@gmail.com. During the Pilot Program, no penalties apply for termination.

Foqira may suspend or terminate your access to the Service at any time:

• Immediately and without notice if you materially breach these Terms, engage in fraudulent activity, or pose a security or legal risk
• With 30 days’ written notice for any other reason during the commercial phase
• At any time without notice during the Pilot Program, given the pre-commercial nature of the Service

Upon termination:

• Your right to access and use the Service ceases immediately
• You must cease all use of Foqira’s intellectual property
• Each party must return or destroy the other party’s Confidential Information upon request
• Foqira will retain and delete your data in accordance with the Privacy Policy and applicable data protection law
• Any outstanding payment obligations (post-Pilot Program) survive termination
• Sections that by their nature should survive termination — including Sections 8, 10, 13, 15, 16, 17, 19, and 21 — shall survive

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

For Customers located in Canada, mandatory consumer or business protection provisions of applicable Canadian provincial law shall apply to the extent required by law and cannot be excluded by a choice of law clause.

For Customers located in the European Economic Area or the United Kingdom, mandatory provisions of applicable EU or UK law shall apply to the extent required and cannot be waived by these Terms.

The parties agree to first attempt to resolve any dispute informally by contacting Foqira at foqira.info@gmail.com. If the dispute is not resolved within 30 days of notice, either party may pursue formal proceedings.

For Customers located in the United States or Canada, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except where prohibited by applicable law. The arbitration shall be conducted in the English language on a documents-only or virtual basis.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This arbitration clause does not prevent either party from seeking emergency injunctive relief from a court of competent jurisdiction to protect intellectual property or confidential information.

For Customers located in the European Economic Area or the United Kingdom, disputes that cannot be resolved informally shall be subject to the jurisdiction of the courts of Poland, without prejudice to any mandatory rights you may have under the law of your country of residence.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

These Terms, together with the Privacy Policy and any Data Processing Agreement, constitute the entire agreement between you and Foqira regarding the Service and supersede all prior agreements, representations, or understandings.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

Foqira’s failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.

You may not assign or transfer these Terms or any rights or obligations hereunder without Foqira’s prior written consent. Foqira may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets without your consent, provided that the assignee agrees to be bound by these Terms.

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, strikes, internet outages, or failures of third-party infrastructure.

Notices under these Terms shall be sent to:

• Foqira: foqira.info@gmail.com
• Customer: the email address associated with your account

Notices are deemed delivered when sent by email with confirmation of receipt, or within three (3) business days if sent by recorded mail.

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, franchise, or agency between the parties.

These Terms are written in English. To the extent a translation is provided for convenience, the English version shall prevail in the event of any conflict.

If you are located in Quebec, Canada, you may have additional rights under Quebec consumer and business protection law. To the extent that any provision of these Terms conflicts with mandatory requirements of Quebec law, such mandatory requirements shall apply.

These Terms are written in English. Ces conditions sont rédigées en anglais. Si vous êtes situé au Québec et préférez une version française, veuillez nous contacter à foqira.info@gmail.com.

Foqira’s collection, use, and disclosure of personal information in connection with Canadian Customers is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial legislation, as further described in the Privacy Policy.

If you are accessing the Service as an individual consumer rather than as a business (which is outside the intended scope of this Service), mandatory consumer protection rights under applicable EU or UK law shall apply and are not excluded by these Terms.

Nothing in these Terms excludes or limits any rights you have under applicable EU or UK law that cannot lawfully be excluded or limited, including rights relating to fraud, personal injury caused by negligence, or other mandatory statutory rights.