Terms and Conditions

1. Operator

The FoodSignal service (website foodsignal.app) is operated by (hereinafter “FoodSignal” or “we”):

• upIT s. r. o.
• Registered office: Pribinova 17954/10, 811 09 Bratislava, Slovakia
• Company ID (IČO): 35947713
• Tax ID (DIČ): 2022045432
• VAT ID: SK2022045432
• Registered in the Commercial Register of the Bratislava III Municipal Court, section Sro, file no. 36984/B
• Contact: ema@foodsignal.app
• Supervisory authority: Slovak Trade Inspection (SOI), Inspectorate for the Bratislava Region, Bajkalská 21/A, 827 99 Bratislava

2. Introductory provisions

The Customer is a legal entity or a self-employed person who orders or uses the service for their business (hereinafter the “Customer” or “you”). The relationship is governed by the Slovak Commercial Code (Act No. 513/1991 Coll.); the Customer is not a consumer.

By sending a request for the Analysis, placing an order or signing in to the app, you confirm that you have read and agree to these terms and that you are authorised to act for the business.

3. Definitions

• Venue: the Customer’s restaurant, café, bar, bistro or other food and drink business.
• Public Data: information about a venue that is or can be publicly available — name, address, opening hours, menu and prices (including on delivery platforms), link to the Google profile, public ratings, reviews and photos.
• Private Data: everything else you give us — in particular exports from and access to the point-of-sale system (bills, items, sales, staff, tables, voids), costs, invoices, suppliers and purchase volumes, recipes, shifts and wages.
• Output: an analysis, report, alert, draft reply or other result of the service that we deliver to you.
• Competitor Comparison: the part of an Output that compares the venue with other venues (prices, menu, ratings, reviews).

4. Services and prices

• Analysis: a one-off comparison of the venue with 3 competitors based on Public Data, with 3 recommended changes. It is free; after 30 days we send an evaluation of whether the changes worked.
• Signal: an annual subscription at €199 per venue excluding VAT (€244.77 including VAT) — tracking of 5 competitors, their prices, menus and ratings, alerts on changes, draft replies to reviews and a QR menu.
• Analyses of point-of-sale and cost data and other services: by individual offer.
• The current scope and prices are on foodsignal.app or in an individual offer. In case of conflict, the individual offer prevails, then the website, then these terms.
• We deliver Outputs electronically: by email, as a PDF or in the app.

5. Conclusion of the contract and account

• The contract for the Analysis is concluded when you request it through the form on the website. The contract for a paid service is concluded when we confirm the order by email or when an individual offer is signed.
• Our team creates the app account; you set your password through a one-time link (an invitation is valid for 7 days, a password reset for 24 hours).
• You are responsible for the accuracy of your details, for protecting your sign-in details and for activity under your account.
• If you take over a venue in the app, you declare that you operate it or act on its behalf. If in doubt, we may verify your authority and restrict access.

6. Payment terms

• Prices are stated excluding VAT; we add VAT under the applicable rules.
• Signal is paid in advance for the whole year, by invoice or, if card payment is offered on the website, by card. You order it by invoice with the order form on the website or by email; we email you the invoice with 14 days to pay, and a new one on renewal. Payment by card through the Stripe payment gateway is an annual subscription: Stripe emails you the invoice and charges the same card on renewal.
• We invoice one-off paid analyses after delivering the Output, with 14 days to pay.
• If a payment is late, we may suspend the service until it is paid and charge late-payment interest under the Commercial Code.
• We announce any change in the price of Signal in the reminder before renewal; if you do not agree with it, you cancel Signal and it does not renew.

7. Your obligations

• You provide the data needed for the service on time, in full and in the agreed format (for example according to our guide to exporting from the point-of-sale system). The delivery period starts only when we receive complete data.
• You have the right to give us everything you upload or make available (photos, texts, logos, exports), and doing so does not infringe the rights of third parties or your contracts with suppliers or your point-of-sale provider.
• If you give us access to your point-of-sale system, it is for reading and exporting only. We do not change any data, prices or settings in it.
• The menus and prices you upload match what the venue offers at the time of upload.

8. Your data

• The data you give us remain yours. You grant us a non-exclusive, free licence to use them to the extent needed to provide the service and as set out in the section on Public Data and Competitor Comparisons.
• We use Private Data for Outputs for you. We do not give them to another customer or anyone else in a form from which your venue could be identified, and we do not publish them.
• We may create aggregated market statistics from Private Data (for example the share of drink brands in the city or price trends in a category) and provide them to third parties, for example suppliers. Each statistic is based on data from at least 5 venues, does not allow your venue, its sales or prices to be identified, and contains no personal data. If you do not want your data to be counted in statistics, write to us and we will exclude them from new statistics.
• We may develop our own methods and models based on the data; they must not contain or reveal your Private Data.
• We process personal data in Private Data (for example staff names in a point-of-sale export) as a processor under the Data Processing Agreement, which forms part of these terms.

9. Public Data and Competitor Comparisons

• We collect Public Data about venues from public sources (venue websites, Google, delivery platforms, review sites) and use them in comparisons for our customers. Your venue may appear in them as a competitor of another venue, just as it does in public sources.
• If you tick the consent box when uploading a menu, prices or a link to your Google profile, we may also use this uploaded Public Data in comparisons for other businesses. This covers only the menu, prices and the link to the Google profile, never Private Data.
• We treat uploaded menus and prices as current for 30 days from upload or the last confirmation. After that we verify them from public sources or ask you to confirm them.
• Prices and menu changes that you are only considering (for example in a proposal in an Output) are drafts and we do not share them with anyone. They become shared data only when you mark them as introduced or when they appear in public sources.
• You may withdraw consent to sharing at any time by email or in the app; we then stop using the uploaded data in new comparisons within 7 days. Outputs already delivered to other customers do not change.
• Any venue, even one that is not our customer, may ask us to correct inaccurate information about it at ema@foodsignal.app.

10. Confidentiality and references

• Both parties keep the other party’s confidential information (in particular Private Data, business results, price offers and the content of Outputs) confidential during the contract and for 3 years after it ends. This does not apply to information that is publicly available or must be disclosed by law.
• We will name you as a reference or in a case study only with your prior written consent. Without consent we may publish only anonymised findings from which the venue cannot be identified.

11. Outputs and liability

• You may use Outputs for your business without time limit and share them with partners, employees, your accountant, bank or investors. You may not resell them or give them to other venues. The methods, templates, models and the app remain ours.
• Outputs are data analysis and recommendations. Estimates in euros and price proposals are estimates based on historical data, not a guarantee of results. Decisions about prices, menus, staff and operations are yours.
• For every number we state the source and the date of collection. A value we did not capture is marked as “not captured” — we do not estimate it. We are not liable for errors caused by incomplete data, faults in the point-of-sale system or inaccurate public sources.
• Draft replies to reviews are only drafts; you publish the reply yourself and are responsible for its content. QR campaigns invite every guest to Google in the same way — you may not filter guests by rating or offer a reward for a review.
• Outputs are not tax, accounting or legal advice.
• Our total liability for damage under one contract is limited to the amount you paid us in the last 12 months, and to €100 for the free Analysis. We are not liable for lost profit or indirect damage. The limit does not apply to intent, gross negligence or breach of confidentiality or of the protection of Private Data.
• We aim for the app to be available at all times but do not guarantee it; we announce planned downtime in advance where possible.

12. Complaints

You may report a factual error in an Output (for example a wrong calculation or mixed-up data) by email within 30 days of delivery. We handle the complaint without undue delay, within 30 days at the latest, by correcting the Output; if a correction is not possible, we refund a reasonable part of the price.

13. Term and termination

• A contract for a one-off analysis ends when the Output is delivered and the price is paid.
• Signal is concluded for one year and renews automatically for another year unless you cancel it by the last day of the period at the latest — by email or, if you pay by card (where card payment is offered on the website), also in the Stripe customer portal. We send you a reminder with the price for the next year at least 45 days before the end. If you cancel during the year, the price paid is not refunded; Signal runs until the end of the paid period.
• We may terminate the contract with 30 days’ notice, or withdraw from it with immediate effect if you are more than 30 days late with a payment or materially breach these terms.
• Before the contract ends, download your data as an export in the app settings. On request we return your Private Data within 30 days of the end of the contract and delete it within 90 days at the latest, except for data we must keep by law (for example invoices).
• The provisions on confidentiality, Outputs, liability and governing law survive the end of the contract.

14. Communication, changes and final provisions

• We communicate by email; a notice is delivered when sent to the email address from the order or the app. We always send service emails (Outputs, alerts, invoices); marketing emails only with consent and with an option to unsubscribe.
• We may change these terms; we announce a change by email at least 30 days before it takes effect. If you do not terminate the contract by then, you are deemed to agree to the change. A change to the sections on your data and sharing to your disadvantage always requires your express consent.
• These terms are governed by the law of the Slovak Republic. Disputes are decided by the competent court of the Slovak Republic according to the provider’s registered office.
• If any provision is invalid, the others remain in force.
• The Data Processing Agreement forms part of these terms. The processing of personal data of contact persons and users is described in the Privacy Policy.