These Terms of Service ("Terms") govern your use of FidFood ("FidFood," "we," "us"). By creating an account, paying for a subscription, or scanning a QR code at a participating restaurant, you agree to these Terms. If you don't agree, please don't use the service.
1. Who can use FidFood
You must be at least 13 years old (16 in the EU/UK) to use FidFood as a customer. To create a restaurant account, you must be the owner or authorized representative of the restaurant and at least 18 years old.
2. Restaurant accounts and subscriptions
Pricing and billing. FidFood is a paid subscription service for restaurants. Current plans are listed on our pricing page. Subscriptions are billed monthly via Stripe; you authorize recurring charges to your payment method until you cancel. Pricing is in US dollars.
Cancellation. You can cancel any time from the billing portal. Cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months.
Failed payments. If a payment fails, we will retry and notify you. Your account may be paused after 7 days of unresolved payment issues.
What restaurants are responsible for:
- Accurate restaurant information (name, address, menu)
- Honoring any rewards your customers earn through the program
- Configuring your offers and SMS messages within FidFood's tools
- Complying with all applicable laws when communicating with your customers, including TCPA, CAN-SPAM, and state-specific consumer protection laws
- Maintaining the security of your account credentials and any staff invites you create
3. Customer accounts
When a customer joins a restaurant's loyalty program through FidFood, they create a customer account associated with their phone number. The customer agrees to receive recurring marketing SMS from that restaurant (frequency limited as described in our Privacy Policy) and can opt out at any time by replying STOP.
Customers can leave a restaurant's loyalty program at any time and can request account deletion entirely from FidFood by emailing alvargaya@megobrands.com.
4. SMS messaging consent and opt-out
By providing your phone number to FidFood, you consent to receive:
- A one-time verification code to confirm your phone (transactional)
- Recurring marketing messages from restaurants you've joined (welcome messages, reward reminders, win-back messages, birthday treats, occasional announcements)
Message frequency varies by restaurant and your engagement. Reply STOP to opt out of marketing messages from a specific restaurant at any time. Standard message and data rates may apply. For help, reply HELP or email alvargaya@megobrands.com.
5. Acceptable use
You agree not to:
- Use FidFood for any illegal purpose or in violation of any applicable law
- Send SMS to people who have not opted in or have opted out
- Use the platform to send spam, scams, fraudulent rewards, or content that violates Twilio's acceptable use policies
- Reverse engineer, scrape, or attempt to access non-public APIs
- Resell or sublicense FidFood's services without our written permission
- Misrepresent yourself, your business, or the rewards you offer
- Use the platform to discriminate against any class of customer
- Upload or transmit malicious code or attempt to disrupt the service
We may suspend or terminate accounts that violate these terms, including without notice for serious violations.
6. Restaurant content and customer data
You retain ownership of the content you upload to FidFood (menus, logos, photos, marketing copy). You grant FidFood a non-exclusive license to use, display, and process this content as necessary to operate the service.
Customer data collected via FidFood (phone numbers, visit history, spend) is the customer's personal data. The restaurant is the data controller for the loyalty data of its own customers; FidFood processes that data on the restaurant's behalf as a processor. Restaurants must use this data only for legitimate loyalty and marketing purposes consistent with the customer's consent.
7. Service availability and changes
We aim for high availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue features with reasonable notice. We may update these Terms; material changes will be announced via email and continued use means acceptance.
8. Disclaimers
FidFood is provided "as is" and "as available." We disclaim all warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be error-free, that SMS will always be delivered (carrier and phone availability are outside our control), or that the service will achieve any specific business outcome for your restaurant.
9. Limitation of liability
To the maximum extent permitted by law, FidFood's total liability arising out of or related to these Terms or the service is limited to the amount you paid us in the 12 months before the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost revenue, lost profits, or loss of goodwill.
10. Indemnification
You agree to defend, indemnify, and hold FidFood harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: your use of the service, your violation of these Terms, your violation of any third-party right (including any customer's consumer protection rights), or any content you upload or messages you send through FidFood.
11. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of those courts.
12. Termination
You may terminate your account at any time. We may terminate or suspend your account for violation of these Terms, non-payment, or for any reason with reasonable notice. Upon termination, your access to the service ends and we delete your account data subject to the retention periods described in our Privacy Policy.
13. Contact
Questions about these Terms: alvargaya@megobrands.com