Uvjeti korištenja

1. Definicije

Usluga — a software infrastructure platform that enables restaurant partners to create and operate their own online ordering websites under their own domain or a FoxiFood subdomain. The Service is operated at the domains foxifood.com, foxifood.cz, foxifood.sk, foxifood.hu and foxi.food, including all of its features, modules, add-ons, updates, extensions, web interface, API, and related documentation. The Service is provided as software as a service (SaaS) through an internet browser. The Provider does not operate a marketplace and does not act as an intermediary in transactions between restaurants and their customers.

Pružatelj — Elite Digital Services, LLC, with its registered office at 1111B S Governors Ave #21653, Dover, DE 19904, USA. The Provider is the sole operator of the FoxiFood platform, owns all rights to the FoxiFood brand, trademark, logo, and software, and provides the Service to Users on a hosted SaaS basis. The Provider may delegate specific technical, operational, or administrative tasks to authorized entities in various jurisdictions, without transferring ownership, control, or operational responsibility for the platform.

Korisnik — a business entity (sole proprietor or legal entity) that has created an Account and uses the Service in accordance with these Terms in the course of its business activities. Persons acting on behalf of or authorized by the User are also considered Users.

Račun — an individual user profile tied to a specific restaurant or business entity, which serves to manage ordering, menu, and related operations within the Service. The Account is protected by login credentials (email and password).

Ugovor — the contractual relationship between the Provider and the User established upon registration and acceptance of these Terms, governed by these Terms and applicable legal regulations.

Pretplata — the ongoing right to use the Service under a pay-per-transaction model. There is no monthly subscription fee. The User pays only transaction fees on card orders as described in Section 5.2. The current price list is published on the Service's website.

Obračunsko razdoblje — the calendar month used as the reference period for calculating and settling transaction fees.

Naknada za uslugu — all transaction fees and other fees paid by the User constitute compensation for access to and use of the FoxiFood hosted SaaS platform, including the technical infrastructure, cloud hosting, software functionality, support, and maintenance provided by the Provider. As part of the Service, the User receives a limited, incidental, and non-transferable permission to display the FoxiFood name and logo on their ordering website solely to the extent necessary for the technical operation of the platform.

Korisnički podaci — all data, documents, menus, images, files, settings, and other content that the User enters, creates, stores, processes, or otherwise transmits through the Service.

Povjerljive informacije — all information of a commercial, technical, financial, or other nature that one contracting party discloses to the other in connection with the Agreement and which is not publicly available.

Viša sila — an event or circumstance beyond the reasonable control of the affected contracting party, which could not have been foreseen at the time of concluding the Agreement and which prevents the fulfillment of obligations under the Agreement, including but not limited to: natural disasters, pandemics, armed conflicts, terrorist attacks, cyber attacks, power outages, internet outages, legislative changes, decisions of public authorities, and sanctions.

FOXI ID — a unified customer identity infrastructure component of the Service that enables end customers to use a single set of login credentials (email and password) across all restaurant ordering websites powered by the FoxiFood platform. FOXI ID is a technical feature of the platform operated exclusively by the Provider. For data protection purposes, the Provider acts as the data controller for FOXI ID account data (login credentials, authentication sessions, contact data used for pre-filling). The restaurant partner remains the data controller for all order data processed through its ordering website. See the Privacy Policy for details.

2. Predmet ugovora

The subject of the Agreement is the Provider's obligation to provide the User with access to the Service under the conditions set forth in these Terms and the User's obligation to pay the applicable transaction fees in accordance with the current price list.

The Provider grants the User access to the Service as a hosted white-label restaurant ordering platform provided on a software-as-a-service (SaaS) basis under these Terms. The User accesses the platform remotely via the internet; no software is installed, downloaded, or licensed to the User.

The FoxiFood platform provides technical infrastructure that allows the User to operate an independent restaurant ordering website. All transactions, commercial relationships, and communications take place directly between the restaurant partner and its customers.

Usluga uključuje, osobito:

• creation and hosting of a custom-branded restaurant ordering website under the User's own domain or a FoxiFood subdomain;
• Naručivanje putem QR koda za jelo u restoranu, za ponijeti i dostavu;
• upravljanje jelovnikom, cijenama, informacijama o alergenima i modifikatorima stavki;
• obrada online plaćanja putem integrirane platne pristupnice;
• upravljanje narudžbama i obavijesti u stvarnom vremenu;
• administratorska ploča s analitikom i podacima o kupcima;
• višejezična podrška za sučelje za narudžbe;
• dodatne značajke dostupne u okviru trenutnog opsega Usluge.

The Service expressly does not include and the Provider does not provide:

• usluge sigurnosti hrane, porezne, računovodstvene ili pravne savjetodavne usluge;
• audit or verification of the accuracy of menus, prices, or allergen information entered by the User;
• prilagođeni razvoj softvera, izmjene ili konzultantske usluge;
• guarantee of compliance of generated content with the legislation of the User's country;
• logistika dostave hrane ili kurirske usluge.

The User is authorized to use the Service exclusively in accordance with these Terms, applicable legislation, and good morals. The Service is accessible via an internet browser; the User is responsible for ensuring a compatible device and stable internet connection.

The specific scope of the Service's features may change depending on product development. The Provider reserves the right to add, modify, or remove individual features of the Service at any time without the prior consent of the User, provided that the fundamental nature of the Service is not substantially changed.

2.1. Zajednička infrastruktura identiteta kupaca (FOXI ID)

As part of the Service, the Provider operates a shared customer identity system ('FOXI ID') that allows end customers to create a single account and use the same login credentials across all restaurant ordering websites powered by the FoxiFood platform. FOXI ID is an integral infrastructure component of the platform, not a standalone service.

FOXI ID enables the automatic pre-filling of contact data (name, email address, phone number, and delivery address) when an end customer places an order at any restaurant on the platform. This functionality serves solely to streamline the ordering process for the benefit of the restaurant partner and its customers.

Izolacija podataka između restoranskih partnera strogo se održava:

• each restaurant partner can only access order data, preferences, and order history generated through its own ordering website;
• no restaurant partner has access to order data, preferences, or order history of customers at any other restaurant on the platform;
• the only data shared across restaurants through FOXI ID is the end customer's contact information (name, email, phone number, delivery address), and only for the purpose of pre-filling the order form.

Korištenjem Usluge, Korisnik potvrđuje i pristaje da:

• end customers accessing the User's ordering website may use FOXI ID to log in and pre-fill their contact details;
• the User is responsible for informing its end customers that the ordering system is powered by FoxiFood technology and that login is provided through the FOXI ID infrastructure;
• the User shall make the FOXI ID Terms of Use and the FOXI ID Privacy Notice accessible to end customers on its ordering website (e.g., in the footer and during the FOXI ID registration/login process). The Provider supplies these documents; the User may not modify their content;
• the Provider does not use FOXI ID data for marketing, profiling, or any purpose other than providing the platform infrastructure to restaurant partners.

2.2. Priroda platforme

FoxiFood is not a marketplace, food delivery platform, or intermediary service. The platform operates as a software infrastructure provider enabling restaurants to operate their own online ordering systems. All transactions, commercial relationships, and communications take place directly between the restaurant partner and its end customers.

The restaurant partner acts as the merchant and seller of all products offered through its ordering website. The Provider is not a party to transactions between the restaurant partner and its customers.

Payment transactions are processed directly between the restaurant partner and the payment processor. The Provider supplies the cloud infrastructure and hosted platform required for the operation of the Service.

3. Sklapanje ugovora i registracija

3.1. Uspostava ugovornog odnosa

The contractual relationship between the Provider and the User is established at the moment of the User's successful registration in the Service and acceptance of these Terms. By registering, the User confirms that they are a business entity under the relevant legal regulations and that they will use the Service exclusively for business purposes.

The Provider reserves the right to refuse registration or the creation of an Account without stating a reason, particularly in cases of reasonable suspicion that the applicant is not a business entity, has provided false information, or has previously had an Account terminated for violation of the Terms.

3.2. Zahtjevi za registraciju

Registration and creation of a user Account is required to use the Service. During registration and at any time while using the Service, the User is obligated to provide truthful, accurate, complete, and current information, including in particular: business name, registration number, VAT ID (if registered for VAT in the User's jurisdiction), registered address, contact email, and other information required by the Service. The User is obligated to provide a valid VAT identification number if required to be VAT-registered under the laws of their jurisdiction.

The User is obligated to update their registration information without delay in the event of any changes, including changes to VAT registration status. The Provider bears no responsibility for the consequences of incorrect, incomplete, or outdated information, including incorrect VAT treatment resulting from missing or invalid VAT ID.

3.3. Račun i prijava

Each Account is tied to one restaurant or business entity. A User managing multiple restaurants must have a separate Account for each. The Provider may enable the User to switch between multiple Accounts without the need to re-login, if the technical capabilities of the Service allow it. The Provider reserves the right to change or restrict this option at any time.

The User is exclusively responsible for the protection of their login credentials (email address and password) and for all activities performed under their Account, including activities performed by unauthorized persons in the event of insufficient protection of login credentials. The User is obligated to immediately inform the Provider of any suspicion of unauthorized access to their Account.

3.4. Prijenos i dijeljenje računa

The Account is non-transferable and may not be sold, rented, or otherwise transferred to a third party without the prior written consent of the Provider. The User must not share login credentials with third parties. In the event of a change in business legal form or business transfer, the User is obligated to inform the Provider of this fact and follow the Provider's instructions.

4. Intelektualno vlasništvo i pravo korištenja

4.1. Vlasništvo nad softverom i markom

The FoxiFood software, including its source code, architecture, design, graphic elements, logos, texts, database structures, algorithms, the FoxiFood trademark, brand identity, and all related intellectual property rights, are the exclusive property of Elite Digital Services, LLC. The Provider is the sole operator of the Service. No entity to which the Provider delegates technical or administrative tasks acquires any ownership, control, or independent operational authority over the platform.

4.2. Pravo korištenja Usluge

The Provider grants the User a non-exclusive, non-transferable, geographically unrestricted, and time-limited right to access and use the Service for the duration of the Agreement, within the scope defined by these Terms and exclusively for the User's business purposes. This right is limited to remote access to the hosted platform through the web interface and, where available, the API in accordance with the Service documentation. No software is installed on the User's systems and no software license is granted — the User accesses the Service solely as a hosted SaaS solution.

All fees, commissions, and charges paid by the User represent compensation for access to and use of the hosted FoxiFood SaaS platform and its technical infrastructure. The limited permission to display the FoxiFood name and logo on the User's ordering website is granted as an incidental part of the Service, solely for the purpose of identifying the platform technology used.

4.3. Ograničenja korištenja

Without the prior written consent of the Provider, the User expressly may not:

• copy, reproduce, distribute, or publicly make available the Service or any part thereof;
• modificiranje, prilagođavanje, prevođenje ili stvaranje izvedenih radova iz Usluge;
• reverse-engineer, decompile, or otherwise obtain the source code of the Service, except in cases expressly permitted by law;
• rent, sublicense, sell, assign, or otherwise transfer rights to the Service to third parties;
• remove, conceal, or alter any copyright notices, trademarks, or other intellectual property notices;
• use the Service for the development, testing, or operation of a competing product or service;
• use automated tools, scripts, bots, or other means for mass access, data extraction, or loading the Service in a manner exceeding normal use;
• attempt unauthorized access to systems, servers, networks, or accounts of other users;
• use the Service in a manner that violates the intellectual property rights of third parties.

4.4. Korisnički podaci i sadržaj

The User retains all rights to User Data. The User grants the Provider a limited, non-exclusive license to process, store, and display User Data to the extent necessary for providing the Service. This license automatically terminates upon termination of the Agreement and deletion of User Data.

The Provider does not determine the purposes of processing of end customer personal data. The Provider only provides the technical infrastructure used by the User to collect and process such data.

If the User provides the Provider with feedback, suggestions for improvement, or other input regarding the Service, the Provider may freely use them to improve the Service without any obligation to compensate the User.

4.5. Vlasništvo nad podacima

All customer data collected through the restaurant ordering website belongs exclusively to the restaurant partner operating that website.

The Provider does not own, control, or commercially exploit customer data generated through the Service. The Provider processes such data solely to the extent necessary to provide the technical operation of the Service.

Each restaurant operates its own logically isolated data environment within the FoxiFood infrastructure. The FOXI ID shared identity infrastructure does not alter data ownership — contact data shared through FOXI ID (name, email, phone, delivery address) is provided to the restaurant partner solely for the purpose of fulfilling orders placed through that restaurant's ordering website.

5. Cijene i plaćanja

5.1. Cijena i cjenik

The Service operates on a pay-per-transaction model with no monthly subscription fee. The User pays only transaction fees on card orders as described in Section 5.2. The current price list is published on the Service's website. All fees represent compensation for access to and use of the hosted FoxiFood SaaS platform and its technical infrastructure.

The Provider reserves the right to change prices with a minimum 30-day notice to the User. The notice will be sent to the email address registered in the User's Account. If the User does not agree with the price change, they are entitled to terminate the Agreement as of the last day of the current Billing Period.

5.2. Transakcijske naknade

Card payment transactions processed through the integrated payment gateway are subject to a transaction fee of 2% + 0.35 EUR per card order for pickup and dine-in orders. Delivery orders are subject to an additional 10% commission on the order value (2% + 0.35 EUR + 10%). Transaction fees constitute part of the Service Fee for the use of the FoxiFood platform and its integrated payment infrastructure.

5.3. Obrada plaćanja

Payments for the Service are processed by Elite Digital Services, LLC, with its registered office at 1111B S Governors Ave #21653, Dover, DE 19904, USA, which is the operator of the FoxiFood platform and the authorized recipient of all Service Fee payments.

Payments are made in advance for the respective Billing Period. The payment method is determined by the Provider; currently supported payment methods are listed in the Service (e.g., card payment, bank transfer).

5.4. Automatska obnova

The Agreement continues indefinitely on a month-to-month basis. The User may cancel at any time; cancellation is effective as of the last day of the current Billing Period.

5.5. Računi i porezni dokumenti

The Provider issues invoices in electronic form. The User expressly agrees to receive invoices electronically to the email address registered in their Account. An electronic invoice has the same legal validity as a paper invoice.

5.6. Kasno plaćanje

In the event of late payment by more than 14 days, the Provider reserves the right to restrict or suspend the provision of the Service until the outstanding amount is fully paid. Suspension of the Service does not relieve the User of the obligation to pay all due fees.

If the debt persists for more than 60 days, the Provider may block or delete the Account and pursue its claims through legal channels, including the right to statutory interest on late payments. The User is not entitled to a refund of fees already paid.

5.7. Transparentnost cijena

All prices stated on the FoxiFood platform and in this document are net prices exclusive of VAT. There are no hidden charges beyond what is explicitly stated. For EU-based businesses registered for VAT, the reverse charge mechanism applies — the User is responsible for self-assessing and reporting VAT in their jurisdiction in accordance with the applicable EU VAT Directive provisions. For EU-based businesses not registered for VAT, no additional taxes are charged by the Provider. For details, see the GDPR page in the Legal section of our website.

5.8. Porez po odbitku

All Service Fee payments shall be made without any deduction or withholding for taxes, unless required by applicable law. If the User is required by applicable law to withhold or deduct any tax from a payment, the User shall: (a) promptly notify the Provider; (b) pay the amount withheld to the relevant tax authority within the prescribed timeframe; and (c) provide the Provider with official tax receipts or other documentation evidencing the withholding. The parties acknowledge that applicable double taxation treaties between the United States and the User's country of establishment may reduce or eliminate withholding tax obligations.

5.9. Povrat plaćanja

Upon termination of the Agreement, it is not possible to request a refund of transaction fees already incurred. An exception may only apply in cases where the Provider grossly breaches its fundamental obligations under these Terms. Detailed refund conditions are set out in the separate Refund Policy.

6. Prava i obveze Korisnika

6.1. Temeljna prava Korisnika

Korisnik ima pravo:

• use the Service within the scope of the chosen plan and in accordance with these Terms;
• receive technical support through the Provider's contact channels during business days;
• izvozi svoje Korisničke podatke u bilo kojem trenutku u podržanim formatima;
• receive information about planned changes to the Service and price list;
• terminate the Agreement at any time under the conditions set forth in these Terms.

6.2. Obveze Korisnika

Korisnik se obvezuje:

• use the Service only in accordance with applicable legislation, good morals, and these Terms;
• provide truthful, complete, and current information and update it without delay in the event of any change;
• protect login credentials from unauthorized access and not share them with third parties;
• not perform activities that would disrupt the security, integrity, performance, or availability of the Service;
• not misuse the Service for fraudulent, deceptive, illegal, or unethical purposes;
• not use the Service for sending unsolicited messages (spam), malware, or other harmful content;
• immediately inform the Provider of any security breach, suspicion of unauthorized access, or misuse of the Account;
• bear full responsibility for all menus, descriptions, prices, and allergen information published through the Service, including their accuracy and compliance with applicable food safety and consumer protection regulations, in particular Regulation (EU) No 1169/2011 on food information to consumers and Regulation (EC) No 852/2004 on the hygiene of foodstuffs;
• osigurati redovitu sigurnosnu kopiju svojih Korisničkih podataka na vlastitu pohranu;
• ne prekoračiti tehnička ograničenja postavljena za odabrani plan;
• comply with all tax obligations in their jurisdiction, including VAT registration and reporting, electronic records of revenue (EET, eKasa, or equivalent), and issuance of proper tax documents;
• ensure that all content published through their ordering website is lawful and does not violate any applicable legislation, including the EU Digital Services Act (Regulation (EU) 2022/2065) and national implementing laws;
• as data controller for their end customers' personal data, comply with all obligations under GDPR and applicable national data protection laws, including but not limited to: maintaining Records of Processing Activities (Article 30 GDPR), conducting Data Protection Impact Assessments where required (Article 35 GDPR), implementing appropriate cookie consent mechanisms on their ordering website in accordance with the ePrivacy Directive (2002/58/EC), informing end customers about data processing, responding to data subject requests, and ensuring a valid legal basis for all processing activities;
• report any personal data breach of which the User becomes aware to the Provider without undue delay, and in any event within 24 hours of becoming aware of the breach;
• not process special categories of personal data (Article 9 GDPR) through the Service, unless expressly authorized by the Provider in writing.

7. Prava i obveze Pružatelja usluge

7.1. Temeljne obveze Pružatelja usluge

Pružatelj usluge se obvezuje:

• provide the Service with professional care in accordance with these Terms;
• make reasonable efforts to ensure the availability and reliability of the Service;
• inform the User of planned outages in advance, where circumstances allow;
• ensure regular backup of User Data in accordance with Section 11 of these Terms;
• protect the confidentiality of User Data and ensure their processing in accordance with applicable legislation, in particular Regulation (EU) 2016/679 (GDPR);
• respond to technical support requests within a reasonable period on business days.

7.2. Prava Pružatelja usluge

Pružatelj usluge ima pravo:

• modify, update, or change the scope of the Service at any time in accordance with Section 10 of these Terms;
• temporarily suspend or restrict the Service for maintenance, security, or technical failure reasons;
• block or terminate the User's Account in the event of a violation of these Terms, late payment, or suspicion of illegal activity;
• send the User service notifications related to the operation of the Service (e.g., maintenance information, changes to the Terms, security incidents);
• anonymize and aggregate User Data for statistical purposes in a manner that does not allow identification of individual Users;
• request the User's cooperation necessary for ensuring the operation of the Service.

8. Dostupnost usluge

8.1. Ciljana dostupnost

The Provider makes reasonable efforts to ensure Service availability at a level of at least 99.5% within a calendar month, measured as the ratio of the time period during which the Service was available to the total number of minutes in the given month.

Izračun dostupnosti ne uključuje:

• vrijeme planiranog održavanja najavljenog unaprijed;
• nedostupnost uzrokovana događajima više sile;
• prekidi uzrokovani radnjama Korisnika ili trećih strana;
• prekidi internetske veze na strani Korisnika;
• outages of third-party services on which the Service depends (e.g., cloud provider, payment gateway, DNS).

8.2. Planirano održavanje

The Provider is entitled to perform planned maintenance of the Service, during which the Service may be temporarily unavailable or restricted. Planned maintenance will, where possible, be carried out outside of peak operating hours (particularly during night hours or weekends). The Provider will inform Users of planned maintenance with reasonable advance notice via email or notification within the Service.

8.3. Hitno održavanje

In the case of critical security incidents, serious technical failures, or other urgent situations, the Provider is entitled to perform emergency maintenance without prior notice. The Provider will make reasonable efforts to minimize the duration of the emergency intervention and to subsequently inform Users.

8.4. Bez prava na naknadu

The stated target availability is informational in nature and represents a best-effort commitment. Failure to meet the target does not entitle the User to a discount, credit, compensation, or any other remedy, unless expressly stated in a separate written agreement between the Provider and the User.

9. Odgovornost i ograničenje odgovornosti

9.1. Ograničenje odgovornosti Pružatelja usluge

To the maximum extent permitted by applicable law, the Provider expressly excludes any liability for:

• any direct, indirect, incidental, consequential, special, or exemplary damages of any kind arising in connection with the use or inability to use the Service;
• loss of profit, loss of data, business interruption, loss of goodwill, lost revenue, or any other intangible loss;
• the accuracy, completeness, timeliness, error-free operation, or reliability of the Service or User Data;
• damages caused by incorrect, unprofessional, or illegal use of the Service by the User;
• loss, damage, unavailability, or irrecoverability of User Data for any reason, including technical failures, server outages, cyber attacks, human error, or Force Majeure;
• outages, interruptions, shutdowns, or unavailability of the Service, whether planned or unplanned;
• actions or omissions of third parties, including infrastructure and hosting service providers;
• virusi, zlonamjerni softver, ransomware, trojanski konji ili bilo koji drugi zlonamjerni kod;
• unauthorized access to the Account or User Data resulting from insufficient protection of login credentials by the User;
• tax, accounting, or legal consequences of the User's use of the Service;
• inaccuracy or incompleteness of menus, prices, or allergen information entered by the User;
• bilo koji događaj više sile izvan razumne kontrole Pružatelja usluge.

9.2. Maksimalni iznos naknade štete

In the event that, notwithstanding the above, it is determined that the Provider is liable for any damage, the total cumulative liability of the Provider to the User for all claims arising in connection with the Agreement shall in no case exceed the amount corresponding to the total fees actually paid by the User for the Service during the twelve (12) calendar months immediately preceding the occurrence of the damage. This limitation applies to all types of claims collectively.

The limitation of liability set forth in this Section does not apply to: (a) liability for damage caused intentionally or through gross negligence; (b) liability that cannot be limited or excluded under mandatory provisions of applicable law. The User acknowledges that the fees for the Service reflect this allocation of risk and that the Provider would not provide the Service at the current pricing without these limitations.

9.3. Usluga se pruža „KAKVA JEST“

The Service is provided 'as is' (AS IS) and 'as available' (AS AVAILABLE) without any warranties, express or implied. The Provider expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, error-free operation, and uninterrupted functioning. The Provider does not guarantee that the Service will meet all specific requirements of the User or that it will be compatible with all devices and software of the User.

9.4. Odgovornost Korisnika

Korisnik snosi isključivu i neograničenu odgovornost za:

• compliance with all legal regulations relating to food safety, consumer protection, allergen disclosure, taxation, and business operations in the legislation applicable in their country of business;
• the accuracy, completeness, and legality of all menus, prices, descriptions, and allergen information published through the Service;
• sve Korisničke podatke, njihov sadržaj, zakonitost i redovitu sigurnosnu kopiju;
• protection of their login credentials and all activities carried out under their Account;
• securing their own hardware and software equipment necessary for using the Service;
• any damage caused to the Provider or third parties in connection with a violation of these Terms.

9.5. Obeštećenje

The User undertakes to indemnify, defend, and hold harmless the Provider, its EU representative, their respective owners, directors, employees, subcontractors, and technology partners from and against any and all claims, losses, damages, obligations, fines, penalties, administrative sanctions, costs, and expenses (including reasonable legal representation costs and costs of regulatory proceedings) arising in connection with or resulting from:

• (a) any breach of these Terms, the Acceptable Use Policy, or any other agreement between the User and the Provider;
• (b) illegal, unauthorized, or negligent use of the Service by the User or persons authorized by the User;
• (c) violation of the rights of third parties (including intellectual property rights, privacy rights, and consumer rights) by the User;
• (d) inaccuracy, untruthfulness, or illegality of User Data or any content published through the User's ordering website;
• (e) the User's failure to comply with applicable food safety, consumer protection, tax, or business registration laws;
• (f) any regulatory fine, penalty, or administrative sanction imposed on the Provider or its EU representative by any governmental, regulatory, or supervisory authority (including data protection authorities) as a result of, or in connection with, the User's actions, omissions, content, or non-compliance with applicable legislation;
• (g) the User's failure to fulfill its obligations as data controller under GDPR, the ePrivacy Directive, or applicable national data protection laws, including but not limited to: failure to obtain valid consent, failure to respond to data subject requests, failure to implement adequate security measures, or failure to report a data breach;
• (h) any costs incurred by the Provider in connection with regulatory investigations, audits, or proceedings initiated or conducted as a result of the User's activities or non-compliance.

The User's indemnification obligations under this Section are not subject to the limitation of liability set forth in Section 9.2 and shall survive the termination of the Agreement for a period of three (3) years.

9.6. Prijenos regulatornih kazni

If any governmental, regulatory, or supervisory authority (including but not limited to data protection authorities, consumer protection authorities, tax authorities, food safety authorities, or any authority enforcing the Digital Services Act, the Platform-to-Business Regulation, or equivalent legislation) imposes a fine, penalty, or administrative sanction on the Provider or its EU representative that is directly attributable to the User's actions, omissions, content, or failure to comply with applicable legislation, the User shall reimburse the Provider for the full amount of such fine, penalty, or sanction, together with all related costs (including legal fees, costs of proceedings, and costs of compliance measures).

The Provider shall notify the User promptly of any such regulatory action and provide the User with reasonable opportunity to participate in the defense, at the User's own expense. The User's obligation to reimburse under this Section is not subject to the limitation of liability set forth in Section 9.2.

9.7. Regulatorna suradnja

The User shall, at its own expense, fully cooperate with the Provider in connection with any regulatory investigation, audit, inspection, or proceeding conducted by any governmental or supervisory authority that relates to the User's use of the Service, the User's content, or the User's compliance with applicable legislation. Such cooperation includes, but is not limited to:

• providing all requested documents, records, and information in a timely manner;
• omogućavanje pristupa relevantnim sustavima, podacima i osoblju;
• responding to the Provider's inquiries within five (5) business days or within such shorter period as may be required by the investigating authority;
• implementing corrective measures required by the authority or by the Provider to achieve compliance.

Failure to cooperate in accordance with this Section constitutes a material breach of the Agreement entitling the Provider to immediately suspend or terminate the User's Account.

10. Promjene usluge

The Provider reserves the right at any time and at its sole discretion to:

• ažurirati, modificirati ili poboljšati uslugu;
• dodati nove značajke ili module;
• remove or restrict existing features, provided that the fundamental nature of the Service is not substantially changed;
• promijeniti tehničke zahtjeve za korištenje usluge.

The Provider will inform the User of substantial changes to the Service with reasonable advance notice. If a change substantially limits the functionality of the Service that the User relied upon when entering into the Agreement, the User is entitled to terminate the Agreement without penalties as of the last day of the current Billing Period.

The Provider may from time to time provide access to experimental features (beta features), which are provided in an 'as is' state without any warranties. The Provider may remove or change these features at any time.

11. Sigurnosne kopije i zadržavanje podataka

11.1. Sigurnosna kopija Pružatelja usluge

The Provider ensures regular automatic backup of User Data. Backups are created at least once daily and are retained for a minimum of 30 calendar days. The Provider bears no responsibility for any loss of data caused by extraordinary events, Force Majeure events, cyber attacks, or other circumstances beyond its reasonable control.

11.2. Obveza sigurnosnog kopiranja Korisnika

Despite the backup performed by the Provider, the User is obligated to regularly back up their User Data to their own storage, particularly through the export functions of the Service. The Provider recommends performing data export at least once per month.

11.3. Izvoz podataka

The Service allows the User to export User Data at any time during the term of the Agreement in standard formats (e.g., CSV, PDF). After termination of the Agreement, the User has a period of 30 calendar days to download their data, unless their Account has been blocked due to a violation of the Terms.

11.4. Zadržavanje i brisanje podataka

User Data is retained for the duration of the Agreement and subsequently for the period required by law for archival purposes. After the expiration of all legal deadlines, the Provider will irreversibly delete the User Data, unless otherwise agreed between the parties.

12. Zaštita povjerljivih informacija

12.1. Obveza povjerljivosti

Both contracting parties undertake to maintain confidentiality regarding the Confidential Information of the other contracting party and not to provide it to third parties without the prior written consent of the other party. Confidential Information may only be used for the purposes of fulfilling the Agreement.

12.2. Iznimke od povjerljivosti

Obveza povjerljivosti ne odnosi se na informacije koje:

• je ili postane javno poznata bez krivnje strane koja prima;
• was known to the receiving party before its disclosure by the other party;
• was independently developed by the receiving party without using Confidential Information;
• must be disclosed pursuant to law, court order, or a final decision of a public authority, and only to the extent necessary;
• is disclosed to professional advisors (lawyers, auditors) bound by professional secrecy.

12.3. Trajanje

The confidentiality obligation lasts for the entire duration of the Agreement and 3 years after its termination. Disclosure of Confidential Information to the Provider's subcontractors is permissible to the extent necessary for providing the Service, on the condition that the subcontractor is bound by a comparable confidentiality obligation.

12.4. Zaštita osobnih podataka

The processing of the User's personal data and their customers' data is governed by the separate Privacy Policy and Data Processing Agreement available on the Service's website.

The User, as the data controller for their end customers' order data processed through the Service, bears primary responsibility for compliance with Regulation (EU) 2016/679 (GDPR), the ePrivacy Directive (2002/58/EC), and all applicable national data protection laws. The Provider does not determine the purposes of processing of end customer order data — the User independently decides why and for what purposes such data is collected and processed. For FOXI ID account data (login credentials, authentication sessions, contact data used for cross-restaurant pre-filling), the Provider acts as an independent data controller as described in the Privacy Policy. In particular, the User is obligated to:

• ensure a valid legal basis (Article 6 GDPR) for all processing of end customers' personal data;
• implement appropriate technical and organizational measures to ensure data security (Article 32 GDPR);
• maintain Records of Processing Activities in accordance with Article 30 GDPR;
• conduct Data Protection Impact Assessments where required by Article 35 GDPR;
• implement a lawful and compliant cookie consent mechanism on their ordering website in accordance with the ePrivacy Directive and applicable national laws;
• provide end customers with transparent privacy information in accordance with Articles 13 and 14 GDPR;
• respond to data subject requests (access, rectification, erasure, restriction, portability, objection) within the timeframes required by GDPR;
• report personal data breaches to the competent supervisory authority within 72 hours and to affected data subjects where required (Articles 33 and 34 GDPR);
• notify the Provider of any personal data breach without undue delay and in any event within 24 hours of becoming aware of the breach;
• imenovati službenika za zaštitu podataka kada to zahtijeva članak 37. GDPR-a;
• not transfer personal data outside the EEA without ensuring appropriate safeguards in accordance with Chapter V of GDPR.

The Provider processes end customers' order data solely as a data processor on behalf of the User (data controller) and in accordance with the Data Processing Agreement. For FOXI ID account data, the Provider acts as an independent data controller and bears responsibility for such processing in accordance with its Privacy Policy. The Provider bears no responsibility for the User's failure to comply with its obligations as data controller for order data.

12.5. Odgovornost za zadržavanje podataka

The User, as the data controller for order data of its end customers, is solely responsible for determining appropriate data retention periods and for compliance with all applicable legal, tax, and accounting data retention obligations in the User's jurisdiction. FOXI ID account data retention is managed by the Provider as described in the Privacy Policy.

The platform may provide data retention settings that allow the User to configure automatic deletion of end customer data after a specified period. The User acknowledges that:

• the User is solely responsible for configuring data retention settings in accordance with applicable laws;
• the Provider processes and deletes end customer data strictly according to the instructions of the User and the retention settings configured by the User;
• the Provider bears no responsibility for the User's failure to configure appropriate retention periods or for any consequences arising from data being retained too long or deleted too early;
• the User must independently verify that their data retention settings comply with applicable tax, accounting, consumer protection, and data protection laws in all jurisdictions in which the User operates.

13. Integracije i usluge trećih strana

The Service may use, integrate, or enable access to third-party services and software, including but not limited to: payment gateways, cloud services (DigitalOcean), email delivery (Brevo), analytics tools, and other external APIs.

Pružatelj usluge:

• bears no responsibility for the availability, quality, security, or operation of third-party services;
• bears no responsibility for any damages arising in connection with the outage or change of third-party services;
• ne pruža nikakva jamstva u vezi s uslugama trećih strana;
• reserves the right to change, replace, or discontinue integration with third-party services at any time.

The use of third-party services is governed by their own terms and conditions. The User is obligated to familiarize themselves with the terms of third-party services they use in connection with the Service.

14. Pravednost platforme i postupanje s pritužbama

In accordance with Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (Platform-to-Business Regulation), the Provider maintains the following complaint-handling mechanisms:

14.1. Interni sustav za postupanje s pritužbama

The User may submit complaints to the Provider regarding the following matters:

• alleged non-compliance by the Provider with any obligations laid down in Regulation (EU) 2019/1150 that affect the User;
• technological issues that relate directly to the provision of the Service and affect the User;
• measures taken by, or behavior of, the Provider that relate directly to the provision of the Service and affect the User, including restrictions, suspensions, or termination of the Account.

Complaints must be submitted in writing to the Provider's contact email. The Provider will acknowledge receipt within five (5) business days and will process the complaint diligently. The Provider will communicate its position on the complaint, including any remedial measures or reasons for the decision, within thirty (30) calendar days.

14.2. Medijacija

If the complaint is not resolved through the internal complaint-handling system to the User's satisfaction, the User and the Provider may agree to engage an independent mediator to attempt to reach an agreement on the resolution of the dispute. The mediator shall be a qualified and independent mediator mutually agreed upon by the parties. The costs of mediation shall be borne equally by both parties, unless the mediator determines otherwise. Each party shall bear its own legal and advisory costs.

14.3. Transparentnost rangiranja

The FoxiFood platform does not rank or differentiate between Users in terms of visibility or search placement. Each User receives an independent ordering website under their own domain or subdomain. The Service does not operate a marketplace or aggregator where ranking would be applicable.

15. Usklađenost sadržaja i postupak obavijesti i djelovanja

In accordance with Regulation (EU) 2022/2065 (Digital Services Act) and applicable national laws, the following provisions govern the legality of content hosted through the FoxiFood platform:

15.1. Odgovornost Korisnika za sadržaj

The User is solely and fully responsible for the legality of all content published through their ordering website hosted on the FoxiFood platform, including but not limited to: menus, descriptions, images, prices, allergen information, promotional materials, and any other User Data. The Provider does not pre-screen, monitor, edit, or verify User content and bears no responsibility for its accuracy, legality, or compliance with applicable legislation.

15.2. Obavijest i djelovanje

If the Provider receives a notice from any third party, governmental authority, or regulatory body alleging that content on the User's ordering website is illegal, infringing, or otherwise in violation of applicable law, the Provider will:

• odmah obavijestiti Korisnika o primljenoj obavijesti i njezinom sadržaju;
• request the User to respond and, if necessary, remove or modify the content within 48 hours of the notification;
• if the User fails to respond or take appropriate action within 48 hours, reserve the right to restrict access to or remove the allegedly illegal content pending resolution;
• surađivati s nadležnim tijelima kako to zakon zahtijeva.

15.3. Sigurna luka za hosting

With respect to User-generated content (menus, descriptions, images, prices, and other content published by the User through their ordering website), the Provider acts as a hosting service provider within the meaning of Article 6 of Regulation (EU) 2022/2065 (Digital Services Act). The Provider is not liable for such User-generated content stored on the platform, provided that the Provider: (a) does not have actual knowledge of illegal content; or (b) upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to the content. This safe harbor applies to content hosted on behalf of the User and does not extend to the Provider's own services, including the FOXI ID infrastructure, for which the Provider bears direct responsibility. This safe harbor does not affect the User's own liability for the content they publish.

15.4. Kontaktna točka za tijela vlasti

The Provider designates the following contact point for communications from authorities of EU Member States, the European Commission, and the European Board for Digital Services:

E-pošta: legal@foxi.food

16. Pritužbe i odustanak od Ugovora

16.1. Pritužbe

The User has the right to complain about defects of the Service that the Provider has not remedied within a reasonable period. A defect is considered to be a material discrepancy between the documented properties of the Service and its actual functioning. The following are not considered defects: temporary unavailability of the Service during maintenance, changes or removal of features in accordance with Section 10, incorrect settings on the User's side, or incompatibility with the User's devices.

Complaints are submitted in writing or electronically to the Provider's contact details. The complaint must contain: identification of the User, a description of the defect, steps to reproduce it (if possible), and the requested method of resolution.

16.2. Rok za rješavanje

The Provider is obligated to confirm receipt of the complaint within 5 business days and resolve it without undue delay, no later than 30 calendar days from its delivery. The User will be informed of the result of the complaint procedure by email.

16.3. Odustanak od Ugovora

Either contracting party may withdraw from the Agreement in the event of a material breach of contractual conditions by the other party. The following are considered material breaches:

• kašnjenje Korisnika s plaćanjem nepodmirenih naknada dulje od 60 dana;
• repeated or serious violation of the User's obligations under Section 6 of these Terms;
• korištenje usluge u nezakonite svrhe;
• failure to cooperate with the Provider during regulatory investigations in accordance with Section 9.7;
• material and long-term non-performance of the Provider's fundamental obligations under Section 7.

Withdrawal from the Agreement must be made in writing or electronically and is effective on the day of delivery to the other contracting party.

17. Trajanje i prestanak Ugovora

17.1. Trajanje

The Agreement is concluded for an indefinite period and takes effect at the moment of the User's successful registration in the Service.

17.2. Raskid od strane Korisnika

The User may terminate the use of the Service at any time by canceling the Account, while being obligated to pay all outstanding fees. Cancellation is effective as of the last day of the current Billing Period. Before canceling the Account, the Provider recommends that the User export all User Data.

17.3. Raskid od strane Pružatelja usluge

Pružatelj usluge može raskinuti Ugovor:

• with a notice period of at least 30 calendar days, for any reason or without stating a reason;
• immediately in the event of a serious violation of the Terms by the User, particularly in the cases listed in Section 16.3 of these Terms;
• immediately in the event that the User enters liquidation, bankruptcy, or restructuring proceedings;
• immediately if the User's actions or content expose the Provider to regulatory risk, fines, or sanctions from any governmental or supervisory authority.

17.4. Posljedice prestanka

Nakon prestanka Ugovora:

• the User loses the right to access and use the Service and the right of use automatically terminates;
• the User has 30 calendar days to export their User Data (unless the Account was blocked for violation of the Terms);
• after the expiration of the 30-day period and legal archival deadlines, the Provider will irreversibly delete User Data;
• termination of the Agreement does not affect claims for payment of outstanding fees, compensation for damages, indemnification obligations, and other claims arising before termination.

17.5. Preživljavanje odredbi

Termination of the Agreement does not affect provisions of these Terms that, by their nature, are intended to survive termination, in particular provisions on limitation of liability (Section 9), indemnification (Sections 9.5, 9.6, 9.7), protection of confidential information (Section 12), personal data protection (Section 12.4), intellectual property (Section 4), dispute resolution (Section 19), and this provision.

18. Komunikacija i dostava

18.1. Način komunikacije

The primary communication channel between the Provider and the User is email. The User agrees that all notifications, requests, and other correspondence sent to the email address registered in their Account are considered duly delivered.

18.2. Trenutak dostave

A notification sent by email is considered delivered at the moment of its sending to the User's email address registered in the Service. The User is obligated to keep their email address current and functional. The Provider bears no responsibility for non-delivery of a notification due to an outdated or non-functional User email address.

18.3. Obavijesti o usluzi

The Provider is entitled to send the User service notifications regarding the operation of the Service, changes to the Terms, security incidents, planned maintenance, and other operational matters. These notifications are not commercial communications and the User cannot unsubscribe from them, as they are necessary for the proper provision of the Service.

18.4. Jezik komunikacije

Communication between the Provider and the User takes place in English, unless the parties agree otherwise.

19. Rješavanje sporova i mjerodavno pravo

19.1. Mirno rješavanje

Disputes arising from these Terms or related to the use of the Service shall be resolved preferably by amicable settlement. The contracting parties undertake to make reasonable efforts to resolve the dispute by mutual agreement within a period of 30 calendar days from written notification of the dispute to the other party.

19.2. Nadležnost

If the dispute is not resolved amicably within the period set forth in Section 19.1, it shall be resolved by the competent courts of the State of Delaware, USA, as the jurisdiction of the Provider's registered office. The contracting parties hereby agree to this jurisdiction.

19.3. Mjerodavno pravo

These Terms and the Agreement are governed by the laws of the State of Delaware, USA. For matters not regulated by these Terms, the applicable provisions of Delaware law and other applicable legal regulations shall apply. Mandatory provisions of the applicable law of the User's country of establishment shall apply to the extent that they cannot be derogated from by agreement.

19.4. Alternativna nadležnost za korisnike iz EU-a

For Users established in the European Union or the European Economic Area, an alternative jurisdiction is available. Disputes may be resolved before the Budai Központi Kerületi Bíróság (Buda Central District Court), Budapest, Hungary, with Euro business company Kft. acting solely as procedural contact entity on behalf of the Provider for purposes of service of process and communication. Euro business company Kft. does not independently operate, control, or manage any part of the FoxiFood platform. Full details are set out in the GDPR page available at the Legal section of our website.

20. Viša sila

Neither contracting party shall be liable for non-performance or delayed performance of its obligations under the Agreement if such non-performance or delay was caused by a Force Majeure event.

Strana pogođena događajem više sile obvezna je:

• immediately inform the other party in writing of the occurrence of the Force Majeure event and its expected duration;
• make reasonable efforts to mitigate the consequences of the Force Majeure event;
• immediately resume fulfillment of its obligations after the Force Majeure event ceases.

If a Force Majeure event lasts for more than 90 calendar days, either contracting party is entitled to terminate the Agreement by written notice to the other party without any claim for damages.

21. Završne odredbe

21.1. Promjene Uvjeta

The Provider reserves the right to change or update these Terms. The User will be notified of any changes at least 30 calendar days in advance via email or notification in the Service. Continued use of the Service after the expiration of the 30-day notice period constitutes acceptance of the updated Terms. If the User does not agree with the changes, they may terminate the Agreement as of the last day of the current Billing Period by providing written notice before the changes take effect.

21.2. Cjelovitost Ugovora

These Terms, together with the price list published on the Service's website, the Privacy Policy, the Data Processing Agreement, the GDPR page, the Acceptable Use Policy, the Cookie Policy, the Refund Policy, and the Service Level Agreement, constitute the entire agreement between the Provider and the User and supersede all prior oral or written agreements relating to the subject matter of these Terms.

21.3. Odvojivost odredbi

If any provision of these Terms is found to be invalid, unenforceable, or void, such provision shall be interpreted to the greatest extent possible in accordance with the original intent of the parties. The invalidity or unenforceability of such provision does not affect the validity and enforceability of the remaining provisions of these Terms.

21.4. Odricanje od prava

Failure to exercise or delayed exercise of any right or claim arising from these Terms does not constitute a waiver of such right. Partial exercise of a right does not preclude subsequent exercise of that right in full.

21.5. Ustupanje prava

The Provider is entitled to assign rights and obligations under the Agreement to a third party without the User's consent, particularly in the event of a sale of part of the business, merger, or other reorganization. The User is not entitled to assign rights and obligations under the Agreement to a third party without the prior written consent of the Provider.

21.6. Elektronički oblik

The contracting parties agree that the Agreement and all related actions may be carried out in electronic form. Written form is maintained even in the case of a legal act carried out via email or through the web interface of the Service.

22. Podaci o ugovornim stranama

Podaci o Pružatelju usluge i kontakt

Elite Digital Services, LLC
1111B S Governors Ave #21653
Dover, DE 19904
United States of America

E-pošta: support@foxi.food
Web: https://www.foxi.food

Elite Digital Services, LLC is the exclusive owner and sole operator of the FoxiFood brand, trademark, logo, and software platform. All fees and commissions paid by Users constitute compensation for access to and use of the hosted FoxiFood SaaS platform and its technical infrastructure. The Provider may engage authorized entities in various jurisdictions to perform specific technical, operational, or administrative tasks on its behalf, without transferring platform ownership or operational control.

Elite Digital Services, LLC does not maintain a permanent establishment, branch, office, or fixed place of business in the European Union for the purposes of any applicable double taxation treaty or EU Directive. All business decisions, platform operations, and service delivery are directed and managed exclusively from the United States. No entity in the European Union is authorized to enter into agreements, accept payments, negotiate terms, or create binding obligations on behalf of Elite Digital Services, LLC.

Predstavnik u EU

Euro business company Kft.
Rómer Flóris utca 8/B. 3. em., Budapest 1024, Hungary
Porezni broj: HU28959364