1. Parties

These Terms of Service ("Agreement") take effect between FOOD DIREKT OÜ ("FoodDirekt"), headquartered at Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Paavli tn 5a/1, 10412, Estonia, registered under Registry Code 16843195, and the restaurant/business that subscribes to the FoodDirekt platform ("Member"), from the moment the Member's FoodDirekt account is created or the Member actually begins using the service.

2. Nature of the Service

FoodDirekt is a technology company that provides the Member with a software/technology service (SaaS). For clarity, FoodDirekt:

  • is not a food business, restaurant operator, or food supplier,
  • is not a payment institution, e-money institution, bank, or payment service provider, and is not licensed as one,
  • is not a courier/logistics company, and is not the employer of the Member or its couriers,
  • is not a party to the sale of food between the Member and the Member's customer, and does not act as a marketplace operator intermediating that sale.

FoodDirekt provides only the software infrastructure the Member needs to manage its own ordering, payment and delivery processes. All commercial, legal and financial consequences arising from the use of this infrastructure belong to the Member.

3. Description of the Service

FoodDirekt is an ordering and business management platform for restaurants, covering modules such as the QR menu, online ordering, kitchen screen, live order panel, courier app, WhatsApp ordering integration, marketplace integration, and a branded mobile app. The Member may use the platform through its own web address (e.g. yourbusiness.fooddirekt.com) or its own domain.

4. Fees and Payment Model

  • FoodDirekt provides its service to the Member for a fixed monthly or annual subscription fee; this fee is set out on the Pricing page according to the chosen plan.
  • FoodDirekt does not take a commission on the order revenue the Member receives from its own customers.
  • If subscription fees are not paid when due, FoodDirekt reserves the right to suspend the service following a reasonable notice period.

5. Important Disclaimer Regarding Payment Transactions

Payment for orders placed through the FoodDirekt platform is deposited directly into the account of a third-party payment provider (e.g. Stripe, PayPal, Nets, or another provider) that the Member connects in its own name and at its own responsibility. In this regard, it is expressly acknowledged that:

  • FoodDirekt never holds, stores, or has access to funds collected from the customer at any stage; it is not a party to the payment flow.
  • The contractual relationship between the payment provider and the Member is subject to that provider's own terms of service; transaction fees, fund transfer timelines, fraud checks, and account approval processes are governed entirely by the payment provider's own policies.
  • The evaluation and resolution of refunds, disputes (chargebacks), reversals, payment disputes, or claims of fraudulent/unauthorized transactions is a matter between the Member and the relevant payment provider; FoodDirekt is not a party to these processes and does not intervene in them.
  • The Member is responsible for verifying that its chosen payment provider meets its own licensing, compliance (e.g. PCI-DSS), and regulatory obligations, and for managing its own relationship with that provider.

FoodDirekt cannot be held responsible for the performance, downtime, account suspension, or any dispute between the Member and any payment provider.

6. The Member's Relationship With Its Own Customers

The products and services (food, beverages, delivery, etc.) the Member offers to its own customers through the platform constitute a sales relationship solely between the Member and that customer. Accordingly:

  • The Member is solely responsible for the nature, price, quality, food safety, and hygiene compliance of the products offered.
  • The Member is responsible for preparing and delivering orders on time and resolving customer complaints (including incorrect, incomplete, or late delivery).
  • The Member is responsible for compliance with applicable consumer protection law, distance-selling regulations, tax legislation (including invoicing/receipt obligations), and all other applicable law in the jurisdictions where it operates.
  • As FoodDirekt is not a party to the sale between the Member and the Member's customer, it cannot be held party to any claim, complaint, or legal proceeding arising from that sale.

7. Member's Obligations

  • The Member is responsible for the accuracy and currency of its account information.
  • The Member is responsible for the accuracy of the menu, price, and content information entered into the platform.
  • The Member agrees to use the platform only lawfully and within the scope of its own restaurant business activity.
  • The Member is responsible for keeping its account access credentials (username/password) confidential.
  • The Member represents that it holds all licenses, permits, and food safety certifications required for its business.

8. Prohibited Use

The Member may not use the platform for the following purposes: selling illegal products or services; money laundering or fraudulent transactions; impersonating another person or business; attempting to bypass the platform's security measures; reverse-engineering or copying the software; creating fake orders; providing misleading information to customers; or using the platform in a way that damages FoodDirekt's or third parties' systems. A violation of this clause may result in immediate suspension or termination of the service.

9. FoodDirekt's Obligations

FoodDirekt takes the technical measures necessary for the platform to operate with a reasonable level of service continuity; however, it cannot be held responsible for interruptions that may arise from planned maintenance, third-party service provider outages, or force majeure events. FoodDirekt protects the confidentiality of the Member's menu and business data and does not share this data with third parties except at the Member's explicit instruction or as legally required.

10. Intellectual Property

The FoodDirekt software, interface, trademarks, and logos are the intellectual property of FOOD DIREKT OÜ. The Member is granted only a non-exclusive right of use limited to the subscription period; copying, reverse-engineering, or transferring the software to third parties is prohibited. Menu content, images, and brand elements the Member uploads to the platform remain the Member's property.

11. Processing of Personal Data Belonging to the Member's Customers

With respect to personal data (name, phone number, order information, etc.) that the Member collects from its own customers through the platform, under the GDPR the Member is the data controller; FoodDirekt acts solely as a data processor, processing this data on the Member's instructions. The Member is responsible for fulfilling its own transparency and, where required, consent obligations toward its customers under applicable data protection law. FoodDirekt's role as data controller for individuals it deals with directly (e.g. people who request a demo through the Site) is set out separately in our Data Protection Notice.

12. Suspension and Termination of Service

Either party may terminate the Agreement at the end of the then-current term by giving written notice to the other. FoodDirekt has the right to immediately suspend the service or terminate the Agreement if payment obligations are not met, the platform is misused, or use in violation of applicable law is identified. Upon termination, the Member retains the right to request a copy of its menu and order data within a reasonable period.

13. Limitation of Liability

FoodDirekt does not guarantee that the platform will operate uninterrupted or error-free. FoodDirekt's total liability arising from this Agreement is limited to the subscription fee for the month in which the relevant event occurred. FoodDirekt cannot be held liable for any of the following: indirect damages (loss of profit, loss of data, loss of reputation, etc.); damages arising from the products/services the Member offers or from the relationship between the Member and its customer; damages arising from the acts or omissions of the payment provider chosen by the Member; or damages arising from the Member's own third-party marketplace integrations and their services.

14. Indemnification

The Member agrees to defend FoodDirekt, its directors, and employees against, and to indemnify them for any reasonable costs and damages arising from, any third-party claim, administrative fine, or legal proceeding arising from the Member's own products/services, its relationship with its own customers, its relationship with its chosen payment provider, the content it enters into the platform, or its use of the platform in violation of applicable law (including consumer protection law, tax law, food safety law, and data protection law including the GDPR).

15. Force Majeure

In the event of circumstances beyond the reasonable control of either party — such as natural disaster, war, pandemic, cyberattack, or general outages of infrastructure providers (e.g. cloud hosting, internet service providers) — the affected party is released from liability to that extent.

16. Changes

FoodDirekt may update this Agreement and its fee schedule, provided reasonable prior notice is given. Continued use of the service after such notice is deemed acceptance of the updated terms.

17. Governing Law and Jurisdiction

This Agreement is governed by the laws of Estonia. The courts of Tallinn, Estonia have exclusive jurisdiction over any dispute arising from this Agreement.

18. Contact

All notices relating to this Agreement must be sent in writing to info@fooddirekt.com.