Terms of sale
and subscription

This is a translation provided for information. The French version prevails (article 21.1).

Article 1 – Purpose and scope

1.1. These terms govern subscriptions to Food'n Feed, an online platform for digital menus, bookings, click & collect and communication for restaurants, published by Spiraltis, an SAS registered with the Paris Trade and Companies Register under number 941 399 503, 60 rue François Ier, 75008 Paris, France ("Food'n Feed").

1.2. Food'n Feed is intended exclusively for professionals operating a café, brasserie, restaurant or similar establishment (the "Client"), for the purposes of their business.

1.3. Agency services (social media, website, photos and videos, online reputation, local advertising) are not covered by these terms: they are subject to a quote and to their own terms.

1.4. The Client accepts these terms by ticking the box provided when signing up; the accepted version is kept and remains available in the client area. Where the subscription is concluded on a signed order form or proposal, the specific terms it contains prevail over these terms.

1.5. The appendices form part of these terms: appendix 1 (price list and discounts) and appendix 2 (referral programme), available in the client area and sent to any Client who asks for them, and the personal data processing agreement (appendix 3), accepted at sign-up and available in the client area.

Article 2 – Definitions

• Venue: each establishment operated by the Client and registered in Food'n Feed. One subscription covers one venue.
• Plan: the set of features chosen by the Client for a venue (Découverte, Carte, Carte + Réservation, Complet, Signature).
• Option: a feature added to a plan for an additional price.
• Guest: any person who views the menu, books or orders from the Client through Food'n Feed.
• Client area: the Client's administration interface on app.foodnfeed.fr.

Article 3 – Sign-up and account

3.1. Sign-up is reserved for an adult authorised to bind the Client. The Client provides accurate information (company name, SIREN number, address, VAT number, contact details) and keeps it up to date.

3.2. The Client creates access for its teams according to the roles offered (owner, venue manager, team). It keeps login details confidential and is responsible for actions carried out with them. It reports any unauthorised use without delay.

Article 4 – Plans and options

4.1. The content of each plan is as described on the Pricing page of foodnfeed.fr on the date of subscription.

4.2. Découverte is free, requires no credit card and has no time limit. It includes one menu of up to 30 items, one language, one QR code and practical information; the mention "Digital menu by Food'n Feed" is always displayed. Its support is limited to email and help pages.

4.3. Food'n Feed may develop the platform's features. It does not reduce the essential features of the subscribed plan during the subscription without the Client's consent.

Article 5 – Prices

5.1. Prices are in euros excluding VAT; VAT at the applicable rate (currently 20%) is added. Food'n Feed takes no commission on bookings, prepayments, no-show charges or orders.

5.2. The applicable prices are those in force on the date of subscription. Food'n Feed may change them by informing the Client by email at least 30 days before they apply; a Client who refuses the change may cancel free of charge before that date. Prices for a commitment period in progress do not change.

5.3. A promotional offer (launch offer, welcome offer or specific terms) applies for the stated period; the plan's standard price then applies automatically.

Article 6 – Invoicing and payment

6.1. Online subscription. Plans and options are invoiced monthly, in advance, on the anniversary date of the subscription, and charged to the payment method registered by the Client with Stripe, Food'n Feed's payment provider. Onboarding is invoiced with the first monthly payment. SMS are invoiced at the end of each calendar month, based on the number of segments sent.

6.2. Offline subscription. For a subscription concluded on an order form, the invoicing frequency is set by the specific terms; invoices are payable within 30 days of the invoice date, by bank transfer or direct debit.

6.3. Invoices are issued electronically and are available in the client area.

6.4. Late payment. Any sum unpaid on its due date automatically incurs late payment penalties equal to three times the legal interest rate and a fixed collection fee of 40 euros (articles L. 441-10 and D. 441-5 of the French Commercial Code). No discount is granted for early payment.

6.5. After an email reminder that remains unanswered for 15 days, Food'n Feed may suspend paid features; the venue then reverts to the Découverte plan, without loss of data, until payment.

Article 7 – Term, change of plan and cancellation

7.1. Plans without commitment. The subscription is concluded for one month and renewed automatically month by month. The Client may cancel at any time from the client area; cancellation takes effect at the end of the current month, with no refund for the month started.

7.2. Signature plan and 12-month commitment. The commitment runs from its effective date. A cancellation requested during the commitment takes effect at its end; the monthly payments remaining until then are still due. After 12 months, the subscription continues month by month, without commitment, at the price in force, unless the Client makes a new commitment. The Client may then cancel at any time, under the conditions of article 7.1. Food'n Feed reminds the Client by email of the end date of the commitment at least 30 days beforehand.

7.3. Change of plan. Moving to a higher plan takes effect immediately; the difference is calculated pro rata and added to the next invoice. Moving to a lower plan takes effect on the next due date, and after the end of any commitment. A change of plan deletes no data: content exceeding the new plan is hidden until a further change.

7.4. Cancellation by Food'n Feed. In the event of a serious breach by the Client (non-payment, unlawful use or use contrary to these terms) not remedied 15 days after formal notice by email, Food'n Feed may cancel the subscription. In the event of manifestly unlawful use or use endangering the security of the service, it may suspend access immediately.

Article 8 – Several venues

8.1. A Client subscribing several venues to a paid plan under the same owner account receives a 10% discount on the plan price of each venue from the second paying venue, then the group terms set out in appendix 1.

8.2. The discount applies to plan prices only, never to options, SMS or onboarding. Venues on the Découverte plan are not counted. The tier is recalculated each time a subscription in the group is opened or closed and applies from the next invoice, without pro rata.

Article 9 – Referral

A Client who recommends Food'n Feed to another restaurateur may be rewarded, as may the restaurateur recommended, under the terms of the referral programme described in appendix 2.

Article 10 – Food'n Feed's commitments

10.1. Food'n Feed makes the platform available to the Client, hosts it and ensures its maintenance, security and backups, under a best-efforts obligation.

10.2. Food'n Feed endeavours to provide access to the platform 24 hours a day, 7 days a week. Scheduled maintenance lasting more than 30 minutes is announced at least 48 hours in advance and carried out, as far as possible, outside service hours (preferably between 3 pm and 6 pm or at night).

10.3. Support is provided by email and help pages for all plans; by phone for paid plans, Monday to Friday from 9 am to 5 pm, except public holidays; as a priority, including during service, for the Signature plan, which also includes on-site set-up and training and a monthly no-show review.

Article 11 – The Client's commitments

11.1. The Client is solely responsible for the content it publishes with Food'n Feed: dishes, prices, opening hours, photos, texts, booking terms and messages to its Guests. It warrants that it holds the rights to them and that they comply with the regulations, in particular price display and allergen information (Regulation (EU) No 1169/2011).

11.2. Translations suggested by artificial intelligence are suggestions: the Client reviews and approves them before publication, and remains responsible for the published text.

11.3. The Client uses the platform in accordance with its purpose and the law. It shall not extract, copy or resell the software, test its security without consent, or use it to send unsolicited messages.

11.4. The Client has the equipment and internet connection needed to use the platform.

Article 12 – Guests' bookings, guarantees and payments

12.1. Food'n Feed provides the Client with the technical means to take bookings and orders. The booking or sales contract is concluded between the Client and its Guest; Food'n Feed is not a party to it.

12.2. The Client sets and displays its own terms: the guarantee required (card hold or prepayment), the amount charged for a no-show, the cancellation deadline and terms, and prior approval of certain requests. It applies them in good faith and is responsible for the charges it triggers.

12.3. Card holds, prepayments, no-show charges and order payments are processed by Stripe on the Stripe account opened by the Client, under the contract the Client concludes directly with Stripe. The funds are paid by Stripe to the Client; Food'n Feed never holds them. Stripe's fees (currently 1.5% + €0.25 per payment with a European card; a card hold alone is free) are borne by the Client.

12.4. Guests' complaints, refunds and payment disputes are handled by the Client. Food'n Feed guarantees neither that Guests will show up nor that sums owed by them will be recovered.

12.5. The platform's watch list may only be used according to the objective criteria provided (unexcused no-shows); it is specific to each venue and is never shared.

Article 13 – SMS

13.1. Sending SMS is an option activated by the Client, invoiced in accordance with article 4 and available from the date announced by Food'n Feed. An SMS longer than one segment is invoiced for each segment.

13.2. The Client sets a monthly cap (500 segments by default). Once the cap is reached, SMS are suspended until the 1st of the following month; emails continue to be sent.

13.3. Information SMS about a booking do not require consent. Promotional SMS, including daily specials, are only sent to Guests who have accepted them, with a means of unsubscribing, between 8 am and 8 pm, excluding Sundays and public holidays.

Article 14 – Personal data

14.1. For the data of the Client and its teams (account, invoicing, support, referral), Food'n Feed acts as data controller, under the terms of its privacy policy.

14.2. For Guests' data, the Client is the data controller and Food'n Feed acts as processor. The personal data processing agreement, appended to these terms, prevails over them for everything concerning this data. Food'n Feed never uses Guests' data for its own purposes.

Article 15 – Intellectual property and references

15.1. The Food'n Feed platform, its software, brand and documentation remain the property of Spiraltis. For the duration of the subscription, the Client receives a personal, non-exclusive and non-transferable right of use, limited to its venues.

15.2. The Client remains the owner of its content (menus, photos, texts, logo). It authorises Food'n Feed to host, reproduce and display it only to the extent necessary for the service, including translation and the layout of the printed menu.

15.3. Food'n Feed only cites the Client's name, logo, menu or testimonial as a commercial reference with its written consent, which the Client may withdraw at any time for the future.

Article 16 – Liability

16.1. Each party is liable for direct damage caused by its breaches. Food'n Feed is not liable for indirect damage, such as loss of turnover, customers or bookings, Guest no-shows or damage to reputation.

16.2. Food'n Feed is not responsible for content published by the Client, the terms it sets for its Guests, or interruptions due to telecommunications networks, the Client's equipment or third-party services the Client uses directly (Stripe, operators, social media platforms).

16.3. Food'n Feed's total liability, for all causes combined, is limited to the amount excluding VAT paid by the Client for the venue concerned during the 12 months preceding the event giving rise to the claim. This limit does not apply in the event of gross negligence or wilful misconduct, or to personal injury.

Article 17 – Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may cancel the subscription without compensation.

Article 18 – End of subscription and data recovery

18.1. At the end of a paid subscription, the venue reverts to the Découverte plan, unless the Client asks for its account to be closed.

18.2. After the account is closed, the Client may export its data (CSV format) for 3 months. After this period, Food'n Feed deletes it, under the terms of the data processing agreement, unless there is a legal obligation to retain it (in particular invoices).

Article 19 – Confidentiality

Each party keeps confidential the non-public information it receives from the other (specific pricing terms, business data, technical information) during the subscription and for 2 years after it ends.

Article 20 – Changes to these terms

Food'n Feed may change these terms. The new version is notified by email and in the client area at least 30 days before it comes into force; a Client who refuses it may cancel free of charge before that date. Otherwise, it applies from the next due date. A change required by law applies on the required date.

Article 21 – Governing law and disputes

21.1. These terms are governed by French law. The French version is authoritative; any translation is provided for information only.

21.2. In the event of a dispute, the parties seek an amicable solution for 30 days from the written complaint of either of them. Failing that, any dispute relating to the formation, performance or end of the subscription falls within the exclusive jurisdiction of the Paris Economic Activities Court (tribunal des activités économiques de Paris, formerly the Paris Commercial Court).

Appendices

Appendices 1 (price list and discounts) and 2 (referral programme) are available in your client area and sent to any Client who asks for them. Appendix 3, the personal data processing agreement, is accepted at the same time as these terms.