General Terms of Use and Service

This Agreement is made between

The company FYRE, a Société Anonyme incorporated under the laws of Luxembourg, having its corporate headquarter at 6, rue du Fort Bourbon, L-1249 Luxembourg registered before the Companies Register of Luxembourg under number B224597, hereinafter referred to as “FYRE” or "we"

and

a company or individual asking for an access and further use of the platform FYRE APP, as provided by FYRE, hereinafter referred to as the "User" or ‘you”.

FYRE and the User individually referred to as the « Party » and collectively as the « Parties ».

Welcome to FYRE APP, a website feature and other services ("FYRE Services") provided to the User by FYRE subject to the following conditions.

FYRE Services includes an access to the Platform named FYRE APP, accessible on computers, smartphones and tablet computers, allowing the User to create Internet pages and to offer the User services, including retail sale of food and beverages, and associated services, to consumers, and to disclose information about the User. The Platform is dedicated to helping professionals in the food-and-beverage, bars, and restaurant industry, with the digitalisation of their point of sale.

By using FYRE Services, the User agrees to these conditions. Please read them carefully.

IT IS IMPORTANT TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM.

IF YOU, AS THE USER, DO NOT ACCEPT THESE TERMS AND CONDITIONS, do not CLICK ON “I ACCEPT”. FYRE asks the User to print THESE TERMS OF USE before accepting them, so that the User can make sure the User accept them without reserve.

WE PARTICULARLY DRAW YOUR ATTENTION TO ARTICLE 7, AS DEPICTED HERE-BELOW:

If the User uses any FYRE Service, the User confirms and is responsible to be authorised to provide the products and services marketed and commercialised under or by using FYRE Service and the Platform, and particularly that the User is authorised to commercialise foods and beverages according to the User national law.

The User particularly confirms that:

If selling alcoholic drinks or other drinks requiring a specific (administrative or other) document, permit, authorisation or allowance, the User has obtained the required approval or document(s)
It will respect all national legal requirements with regards to the sale and distribution of goods and beverages, including alcoholic beverages, in particular with marking requirements and other advertisements and communication requirements linked to said legal requirements
No administrative or court decision or suspension of the authorisation to conduct its business has been rendered and is still valid against the User.

Any false statement or breach to this disposition shall authorise FYRE to immediately terminate this Agreement or suspend the User account, without a need for prior notification.

The User undertakes to immediately notify FYRE in writing in case one of the above-mentioned events occurs, or if any suspension of its authorisation to conduct its business is notified to the User. FYRE shall not be responsible for any damages, attorney fees or other costs or legal consequences relating to the User not satisfying to the above-mentioned requirements, and the User shall reimburse FYRE with all reasonable attorneys costs and damages a final court or administration decision shall impose to FYRE due to the User not satisfying to the above-mentioned requirements.

PLEASE ALSO READ CAREFULY OUR DATA PRIVACY POLICY, AS FYRE IS USING YOUR DATA AND YOUR CUSTOMERS'DATA FOR STATISTICAL AND INFORMATION PURPOSES.IF THE USER USES THIS PLATFORM IN ANY WAY WHATSOEVER, THE USER UNDERTAKES TO COMPLY WITH THESE TERMS OF USE, WHICH CONSTITUTE A CONTRACT BETWEEN THE USER AND FYRE.

1. Definitions

The terms defined in this Article and used in these terms and conditions have the following meanings:

Administrator User: refers to the User who created the User’s Digital Space, who has the most extensive rights for using the Platform in Manager mode.

Agreement: refers to this agreement concluded between FYRE and the User.

Digital Space: refers to the online store made available to the User on the Platform and published by the User, whereby the User supplies information and services linked to its establishment to consumers.

License: refers to the right to use the Platform allowing the User to access it and use it for the period for which it is granted.

Order: refers to any instruction given by a customer (consumer) to a User through the Platform to prepare and/or purchase meals or beverages.

Party or Parties: refers to FYRE and the User, individually or collectively.

Platform: refers to the «FYRE APP» platform made available to Users by FYRE, accessible on computers, smartphones and tablet computer. intended to offer Users an online interface providing a certain amount of information and services linked to the Users' establishment

Services: refers to the platform services provided by FYRE as described herein, allowing the User to create Internet pages to offer the User's services, namely restaurant services and retail sale of food and beverages, to consumers, as well as the services provided by FYRE through the Platform allowing User to publish information about its own services , as well as ancillary services as described in the present Agreement.

Staff User: refers to any User who has access to the Platform in Staff mode, in connection with the use of the Platform.

User: refers to any natural person who has access to the Platform under the terms of the Agreement as an Administrator User or Staff User.

2. Privacy

2.1 Please review our Privacy Notice (in annex), which also governs the User's use of FYRE Services, to understand our practices.

2.2 The FYRE Services include an optional choice, authorising or not the exploitation of the data obtained during the performance of the Services, the Electronic Equipment defined below, and the use of the Platform by the User (hereinafter the “Data”). The price of the Services may be differentiated according to the choice made by the User, in order to recognise the value of the data obtained through the User.

2.3 If the User has agreed to authorise FYRE to use the Data obtained during the performance of FYRE Services and the activity of the User, as well as during the use of the Electronic Equipment, the User is informed that the Data concerning the operation of its activities, and in particular the type of products ordered by its customers, will be collected by FYRE and may be used to be processed automatically, for the purposes of analysis, compilation, production of statistics and marketing of the Data to third parties, for an unlimited period, which the User acknowledges and accepts. FYRE may therefore extract, re-use, store, reproduce, represent or substantially retain, directly or indirectly, on any medium, by any means and in any form whatsoever, some or all of the data transmitted via the Platform for the purposes specified above. The data marketed in this context, in aggregate form, does not enable third parties to identify the User's customers personally. The User acknowledges and accepts that Data will be the exclusive property of FYRE which.

2.4 Users of the Platform are informed that their personal data may be used by FYRE, its related partnerships or corporations or other interested parties and automatically processed. The identifying data that the User may submit to the Site (The Data) will be treated in accordance with the Luxembourg Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework.

2.5 The User IP address may be automatically registered with the system, for functional reasons. This does not identify the User personally, and the User remains anonymous unless the User has voluntarily provided identifying data. It may occur that the User is requested to provide specific Data such as the User name, the User mailing address, the User e-mail address, and other data such as the User country, area, date of birth, sex, as well as any other information requested via a specific form.

2.6 Personal data may be temporarily stored in the memory or registered on the User own computer equipment for purposes of facilitating navigation on the site (cookies). The User authorises FYRE or its related partnerships or corporations to act accordingly.

2.7 The Data might be communicated to third parties and will also be collected to allow the User the use of various tools, and for the establishment of statistics or trends. The Data will not be used for any other purposes than the indicated and will not be kept within our systems beyond the necessary timeframe to achieve this goal. Submitting Data is optional, but some tools of the Site can only work if the Data is provided.

2.8 Notwithstanding the above, the User is informed that FYRE, and any partner that it chooses, can use the data transmitted via the Platform in aggregate form, in particular for the purposes of analysing, compiling, producing statistics and marketing of the Data to third parties, for an unlimited period, which the User acknowledges and accepts. FYRE can therefore substantially extract, reuse, store, reproduce, represent or retain, directly or indirectly, on any medium, by any means and in any form whatsoever, some or all of the data transmitted via the Platform for the purposes specified above. The Data marketed within this framework, in aggregate form, does not enable the third parties to identify the User personally. The Data are the sole property of FYRE, which the User acknowledges and accepts.

BY ACCEPTING THE PRESENT CONTRACT, THE USER ACCEPTS THE FYRE'S USE OF THE USER DATA FOR THE ABOVE-MENTIONED PURPOSES.

2.9 FYRE will take all possible measures in order to secure the Data. However, it cannot eliminate all the risks related to the use of the Internet. Thus, at the time of submitting the Data, the User must be aware that other users of the Internet can possibly manage to visualise the Data.

2.10 In accordance with the regulations in force, Users have the following rights in regards to their personal data being processed by FYRE to:

request of access to their personal data,
request of rectification of their personal data,
request of erasure of their personal data,
request of restriction of processing,
request to object to processing,
right to withdraw consent if processing requires consent,
request to data portability,
right to lodge a complaint with a supervisory authority,
right to give instructions about the fate of their personal data after their death.

2.11 To exercise their rights, Users can either send an email to FYRE at the following address: dpo@fyre.fr or send a letter to the following address: 6 Rue du Fort Bourbon L-1249 Luxembourg.

3. Electronic Communication

3.1 When the User uses certain FYRE Services, or send e-mails to us, the User is communicating with us electronically. The User consents to receive communications from us electronically. We may communicate with the User by e-mail, by posting notices on our websites, by delivering notifications through our mobile applications or through other electronic means. The User agrees that all Contracts, notices, disclosures and other communications that we provide to the User electronically satisfy any legal requirement that such communications be in writing.

4. Access to the services

4.1 The Platform is accessible online via the website whose address is notified by FYRE. Since the Platform cannot be downloaded but is only accessible online, Users must have an internet connection and a browser to access the Platform each time it is used.

4.2 It is compulsory to register on the Platform to access it and create the Digital Space.

4.3 To register and create the Digital Space, the Administrator User is asked to fill in a registration form, in which they give FYRE information making it possible to identify them and identify their establishment, and in particular the name of the establishment, the sub-domain, and the surname, first name, email address and telephone number of the Administrator User.

4.4 The Administrator User is also asked to create a password to access the Digital Space securely.

4.5 The Administrator User may accept or refuse the use of its customer data by FYRE. The terms of access to the platform and the fees charged by FYRE may differ depending on the choice made by the Administrator User.

4.6 The registration is valid once these Agreement have been expressly accepted and the compulsory registration information has been filled in.

4.7 Once the registration form has been filled in and FYRE has confirmed the registration, the User will receive a confirmation by email providing a link to their Digital Space, that they can access using their email address and password.

5. FYRE Services

5.1 Once access to the Platform has been confirmed, the User can access FYRE Services and is granted a non-exclusive, worldwide and revocable right to use the Platform provided that the terms and conditions included in the present Agreement are met.

5.2 The following Services are accessible by the Administrator User on the Platform, on the date of acceptance of the Agreement:

Management of the content of the Digital Space in Manager mode, including in particular:
- Overall configuration of the information relating to the Digital Space,
- Activation or non-activation of modules for booking management, Order management, and loyalty programme management,
- Management of access rights for the various Users of the Digital Space.

5.3 The following Services are accessible by Staff Users on the Platform, on the date of acceptance of the Agreement:

Management of the operational organisation of the Digital Space in Staff mode according to the modules activated by the Administrator User, including in particular:
Booking management,
Order management,
Loyalty programme management.

5.4 Neither FYRE nor its affiliates provide restaurant, delivery or logistics services. FYRE Services and the Platform only (a) provides for the creation of business opportunities, demand forecasting and other related services in the sale and delivery of your restaurant and food-and-drink services and (b) allows you to connect with business partners.

5.5 You agree that FYRE may provide your customers with a receipt and / or invoice for your restaurant and food-and-drink services they purchase from you via the Platform. You: (i) designate FYRE (or any FYRE affiliate acting as an agent of FYRE)as your limited payment collection agent only for the purpose of accepting payments from your customers on your behalf via the payment processing function permitted by the Platform and (ii) accept that payments made by your customers to FYRE (or any FYRE affiliate acting as an agent of FYRE) are considered payments made directly by your customers for your benefit.

5.6 Users are informed that in connection with the online Order service available on the Platform, which the Administrator User can activate on the Digital Space, FYRE uses an external and secure online payment service provider (hereinafter the “Payment Service Provider”) to manage the payments made by consumers on the Platform.

5.7 Users are therefore informed that fees are liable to be charged by the Payment Service Provider when online payments are made by consumers. The aforementioned fees are payable in full by the User and are deducted from the sales price of the products received by the User from the consumer.

5.8 Users are asked to consult the breakdown of the fees charged by the Payment Service Provider available on the Platform, as listed on the pricing page on https://stripe.com/global on the selected country of the User.

5.9 If applicable, Users are also informed that for each online payment, a service fee is charged by FYRE. A detailed list of the service fees is available on the profile page of the administrator page of the Platform on the subscription plan in the services tab. FYRE may change its fees from time to time by posting the changes on the Platform site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

5.10 If applicable, this fee is payable in full by the User and is deducted from the sales price of the products received by the User from the consumer. User is liable for transaction fees arising out of all sales made using some or all FYRE Services, even if sales terms are finalised or payment is made outside of the Platform. In particular, if the User offers or references contact information or asks a buyer for their contact information in the context of buying or selling outside of the Platform, the User may be liable to pay a service fee to FYRE.

5.11 Any template for documents provided by FYRE, including specific terms of use or other terms and conditions specific to the User's activities, are provided as examples, are constituting no final documents and are not providing a legal advice or recommendation. User is hereby informed and acknowledge the need for a review and adaptation of any document to its specific needs and local, national and supra-national laws by a competent Attorney. FYRE shall not be responsible for any consequence of said document(s) not complying with any local, national and supra-national law.

5.12 In any jurisdiction where FYRE has an obligation to collect sales taxes on sales the User makes using FYRE Services, FYRE may collect such sales taxes from the User via any payment method on file or via any other means available to FYRE, including by deducting said taxes from the amount to be paid to the User.

5.13 The User acknowledges that the Platform is likely to be upgraded and that therefore the Services may be adapted accordingly. The User will be notified by email of any withdrawal or any substantial modification of the Services offered by the Platform.

5.14 Use of the Platform may lead to additional data consumption, in particular when used on a mobile telecommunication apparatus. User is responsible for any communication costs incurred as a result of its use of the Platform.

5.15 FYRE Services supplied are those selected when the User is registering his establishment on the enrolment page of the Platform, it being stated that the assistance Services for installation of the Offer and for maintenance are always included in the Offer.

5.16 The maintenance Services include: Technical support and corrective maintenance for the Platform, and Progressive maintenance for the Platform.

Corrective maintenance

This maintenance services can be accessed via the Support Portal made available to the User by FYRE.

From among its employees, the User will choose a System Administrator with whom FYRE can consistently remain in contact.

The Support Portal will allow the System Administrator to:

Consult documentation for different versions of the Platform,
Submit or consult incident tickets via the Support Portal or by email sent to the address provided by FYRE.

In any case, acceptance of the User’s request is formalised by the issue of an incident ticket by FYRE and listed by a number given to the User. This unique ticket number must be cited during any intervention.

FYRE undertakes to reply to the User within eight (8) working hours following recording of the request in order to make an initial assessment of the nature of the problem or question submitted by the User.

A support response proposal will be made within a time frame consistent with the nature and severity of the incident.

FYRE undertakes to implement the human and technical resources needed to find a response or solution to the User’s requests as soon as possible. FYRE is only bound by a best-efforts obligation towards the User.

The User undertakes to give FYRE any documents and files needed to properly understand and diagnose any errors, and undertakes to take the necessary actions to allow FYRE to temporarily access the Platform remotely.

The User is responsible for backing up its data and files. FYRE disclaims all liability in the event of accidental destruction of the User’s data during maintenance.

FYRE will not be obliged to provide the maintenance subscribed for by the User in the following cases:

non-payment by the User of the fees due to FYRE
refusal by the User to accept an Update proposed by FYRE that does not change the functions but prevents incidents that FYRE has identified;
damage caused by misuse, negligence, or operator error for which the User is responsible;
use of the Platform in a way that does not comply with the associated documentation and the instructions provided by FYRE;
modifications to the Platform by the User or a third party which are not authorised by FYRE.
the Platform’s difficulty understanding or failure to understand the User’s conversation, which can be improved by purchasing programming and configuration services from FYRE.

Progressive maintenance

When they are released, FYRE provides the User with Major Versions and Updates. Changes, corrections, and Updates, along with their associated documentation, may be downloaded via the Support Portal.

Additional Services

FYRE offers to supply Additional Services to the User, which are not included in the Offer. A specific proposal shall be communicated to the User, including a description of the services and specific fees to be paid in relation to said services. Unless otherwise mentioned in the proposal, these Agreement shall apply to the services being provided by FYRE.

7. Obligations of the user

7.1 Obligations relating to use of the Platform

In connection with use of the Platform, the User undertakes to:

- provide full and accurate information when using the Platform, and update it if it changes,
- not use the Platform for fraudulent purposes or for purposes not specified in the Agreement,
- not usurp anyone’s identity or attempt to connect to an account other than his/her own,
- not perform system analyses that might constitute reverse engineering,
- not download viruses or files that are potentially harmful for the integrity of the Platform.

7.2 Obligations relating to the content published by the User on the Platform

The User alone is responsible for the contract that it publishes on the Platform, in particular the content (texts, photos etc.) that is likely to publish on the Platform in order to provide information and supply services to their consumers.

The User guarantees that the content respects public order and morality, does not infringe the rights of third parties, in particular regarding intellectual property, breach privacy, or damage the reputation or image of third parties, does not contain any slanderous or discriminatory remarks regarding FYRE or a customer, and complies with the applicable regulations in this regard.

The User must also refrain from publishing content on the Platform for advertising and/or promotional purposes, not related to normal use of the Platform to provide the Services.

7.3 In connection with using or accessing FYRE Services, the User will not:

post, list or upload content or items in inappropriate categories or areas on the Platform;
breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of the User's account status;
use FYRE Services if User is not able to form legally binding contracts, or is temporarily or indefinitely suspended from using FYRE Services, the Platform, applications or tools, or is a person with whom transactions are prohibited under economic or trade sanctions;
fail to deliver items purchased by customers, unless User has a valid reason;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
take any action that may undermine the feedback or ratings systems;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Platform or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
interfere with the working of FYRE Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any FYRE Platform or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
harvest or otherwise collect information about other users without their consent; or
circumvent any technical measures used to provide FYRE Services.

7.4 The User undertakes to:

furnish full and accurate information at the time of its Order, and update this information if it changes;
use the Platform only within the context of its business activities, and in any event, not use it for purposes not provided for in the Agreement;
not usurp anyone’s identity or attempt to connect to an account other than its own;
not perform system analyses that might constitute reverse engineering;
not download viruses or files that might potentially be harmful to the integrity of the Platform;
use, disclose, store or otherwise process Personal Data only for the purpose of providing your goods and services under this Agreement. You must maintain the accuracy and integrity of any Personal Data provided by FYRE and which is in its possession, in its care or under its control. You agree to retain Personal Data provided to you by FYRE only by using the Platform or other software and tools provided by FYRE. "Personal Data" means any information obtained under this Agreement (i) regarding an identified or identifiable natural person, (ii) which can reasonably be used to identify or authenticate an individual, including, but not limited to, name, contact details, precise location information and permanent identifiers, and (iii) that could otherwise be considered "personal data" or "personal information" under applicable law. Notwithstanding anything to the contrary mentioned in this Agreement, you must, at your own expense, defend, indemnify and release FYRE, its affiliates, as well as their directors, officers, employees and agents, from all responsibility for (i) any loss, unauthorized disclosure, theft or compromise of personal data by you or by your subcontractors and (ii) any violation or breach by you or by your subcontractors of the Contract or, where applicable, to any EU data protection legislation.

7.5 For any sale of products and services by the User through the Platform, User agrees that:

User is responsible for the accuracy and content of the listing and item offered,
User is responsible for determining the retail price of each product or service that is made available for sale via the Platform. You will be the reseller, supplier or seller of all of the goods and services (including delivery services associated with the goods or services) with respect to VAT, GST or other sales taxes and you will be the party responsible for collecting and paying applicable taxes. For clarity, the retail price for each good or service will include VAT, GST or other sales taxes, but you will be solely responsible for determining all applicable taxes, as well as identifying and communicating to FYRE of the appropriate tax amount to allow FYRE to invoice on your behalf for all goods and/or services sold under this Agreement.
User's listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). FYRE can't guarantee exact listing durations,
Content that violates any of FYRE's policies may be modified, obfuscated or deleted at FYRE's discretion,
The company may revise product data associated with listings to supplement, remove, or correct information.

7.6 The User undertakes to allow FYRE to freely access the data transferred via the Platform and to incorporate them in its own database, in order to use them in accordance with the terms of these Agreement.

7.7 Any breach by a User of one of the obligations defined in this Article may lead to the closure of his/her account by FYRE.

If FYRE is compelled to close a User’s account due to failure to comply with his/her obligations under the Agreement, it will be entitled to cancel the License, without prejudice to any damages it may be entitled to claim, or any criminal proceedings it may institute if the behaviour concerned is liable to constitute a criminal offence.

8. User Account

8.1 If the User uses any FYRE Service, the User confirms and is responsible to be authorised to provide the products and services marketed and commercialised under or by using FYRE Service and the Platform, and particularly that the User is authorised to commercialise foods and beverages according to the User national law.

The User particularly confirms that:

If selling alcoholic drinks or other drinks requiring a specific (administrative or other) document, permit, authorisation or allowance, the User has obtained the required approval or document(s)
It will respect all national legal requirements with regards to the sale and distribution of goods and beverages, including alcoholic beverages, in particular with marking requirements and other advertisements and communication requirements linked to said legal requirements
No administrative or court decision or suspension of the authorisation to conduct its business has been rendered and is still valid against the User.

Any false statement or breach to this disposition shall authorise FYRE to immediately terminate this Agreement or suspend the User account, without a need for prior notification.

8.2 If the User uses any FYRE Service, the User is responsible for maintaining the confidentiality of the User account and password and for restricting access to the User computers and other applicable devices, and the User agrees to accept responsibility for all activities that occur under the User account or password. FYRE Services are not intended for use by children. FYRE cannot on any account be held liable for the consequences of fraudulent use of their password by a third party.

8.3 FYRE reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

8.4 L'Utilisateur s'engage à informer immédiatement FYRE par écrit en cas de survenance de l'un des événements susmentionnés, ou si toute suspension de son autorisation d'exercer ses activités lui est notifiée. FYRE ne sera pas responsable des dommages, honoraires d'avocat ou autres frais ou conséquences juridiques si l'Utilisateur ne satisfaisait pas aux exigences susmentionnées. L'Utilisateur remboursera à FYRE tous les frais d'avocat raisonnables et les dommages-intérêts que la décision finale d’un tribunal ou d’une administration imposerait à FYRE du fait que l'Utilisateur ne satisfait pas aux exigences susmentionnées.

8.5 L’Utilisateur est responsable du maintien de la confidentialité des identifiants et mot de passe de l’Utilisateur. L’Utilisateur est tenu responsable de toutes les activités qui se produisent sous son compte utilisateur. FYRE ne peut en aucun cas être tenue responsable des conséquences d'une utilisation frauduleuse du mot de passe de l’Utilisateur par un tiers.

8.6 FYRE se réserve le droit de refuser de fournir le Service, de fermer des comptes ou de supprimer ou modifier le contenu posté ou intégré à la Plateforme à sa seule discrétion.

9. Electronic Equipment

FYRE may provide you with an “Electronic Equipment” that you can use in the provision of your goods and services, including via the Platform but also for your traditional customers. You agree to the following: (i) the Electronic Equipment will be used only for the purpose of accepting, validating, paying or otherwise managing orders relating to your activity, including via the Platform and (ii) the Electronic Equipment may not be transferred, rented, sold or otherwise provided from any so that it is to all third parties. Said Electronic Equipment will remain the property of FYRE at all times, and upon expiration or termination of the Contract or this Addendum, or the prolonged absence of use of said Electronic Equipment beyond forty- five (45) days, you must return all applicable Electronic Equipment to FYRE within ten (10) days. You agree that loss or theft of Electronic Equipment, failure to return any Electronic Equipment within the time limits, or any damage suffered by Electronic Equipment outside of normal wear and tear will result in the invoicing of the costs amounting to the corresponding actual damages, with a minimum of € 150. If this happens, you agree that FYRE may charge you the corresponding fee and / or deduct it from the revenues FYRE or its affiliate have received on your behalf from your customers.

10. Intellectual Property

10.1 Users who publish on the Platform texts or any other elements that are protected by intellectual property rights, guarantee that they are entitled to publish them. The Users therefore guarantee that they have the intellectual property rights required to use the texts, photographs and in general all of the creations that they publish on the Platform. The Users guarantee FYRE against any action by any third parties that may be instituted due to the content they have published.

10.2. Users must immediately inform FYRE by any written means (letter, email etc.) of any claims, complaints, or action, on any grounds whatsoever, concerning their content. If a User does not comply with the guarantees specified above, FYRE reserves the right to suspend the User’s access to the Platform and to terminate this Agreement pursuant to Article 13.2, without the User being entitled to claim compensation of any kind whatsoever on this account.

10.3. All of the intellectual property rights relating to the Platform, including all of the elements it comprises (software, copyrights, “FYRE” and «FYRE APP» trademarks, logos etc.) are the sole property of FYRE, its managers and/or its partners.

10.4. The User undertakes not to infringe the aforementioned rights. The User undertakes not to make the documents relating to the Platform available to unauthorised third parties, directly or indirectly, in any form and on any grounds whatsoever.

10.5. Subject to acceptance of the Agreement, FYRE grants the Users, for their own purposes, a personal, non-exclusive worldwide right to use the Platform throughout the term of the Agreement. The User shall not alter, modify, enhance, correct, disassemble or decompile the Platform by virtue of the present Agreement except as set forth herein.

10.6. Users are prohibited in particular from:

making copies of the Platform or of any elements of the Platform,
distributing copies of the Platform or its content to third parties,
using the specifications of the Platform to create or enable the creation of a program that has the same purpose,
changing, distorting, revising or decompiling the Platform for any purpose whatsoever,
using their passwords and/or user names for purposes other than for the strict purpose of authentication,

assigning, leasing, subleasing or transferring their License to a third party without FYRE’s prior written consent,
failing to comply with the functions of the Platform.

10.7. This License does not confer any other rights, and on no account includes the right to perform any acts that are not expressly authorised, in particular the right to translate, adapt, arrange or make any other changes to the Platform and/or its components, including in connection with its contractual purpose.

10.8. The User shall not:

a) alter, modify, enhance, correct, disassemble or decompile the source code of the Platform or any of FYRE Services

b) Remove or alter any Platform identification, proprietary notices, labels or trademark, which appear on or in the Platform

c) Use the back-up and archival copy (or allow anyone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.

d) Provide electronic files, including back-up files, archive files, copy of the Platform to third parties

10.9. The User may copy, modify or translate any documentation related to the Platform for its own use at its own expense to meet The User’s specific requirements.

10.10. The User has no right to sub-license the right hereby granted to use the Platform without prior written consent of FYRE.

10.11. The Platform is not sold to The User who shall not acquire any right, title or interest (including without limitation copyright or other right in the nature of copyright or any other intellectual property right whatsoever) in the Platform, which shall remain the sole property of FYRE.

10.12. Any copy or partial copy of the Platform shall be owned by FYRE subject to the license rights granted to The User and shall be considered as being regulated by this Agreement.

10.13. The User's rights to use the Platform are specified in this Agreement, and FYRE retains all rights not expressly granted to The User in this Agreement. No right or license under any patent application, issued patent, know-how or other proprietary information is granted or shall be granted by implication.

10.14. The User shall not alter, modify, enhance, correct, disassemble or decompile the Platform.

10.15. The Platform is intellectual property of FYRE protected as such by national copyright laws, international treaty provisions, and applicable laws of the country in which it is being used. Trademarks, logos and trade names quoted on or in the Platform are the properties of their respective owners. Any reproduction of the Platform is only granted on the absolute condition that it contains all the legal specifications of the Platform property.

10.16. FYRE does not guarantee the copyright protection of the licensed software or parts thereof.

10.17. FYRE is authorised to conduct a check, at any time and without notice, of the use of the Platform by the User, to ensure compliance with the License granted to the User.

10.18.The User shall give prompt notice to FYRE of:

any act of infringement, passing-off, unfair competition or the like, or suspected or threatened such act, in relation to the Platform; or
any challenge to the Platform or to any goodwill associated therewith; or
any allegation or complaint by a third party in relation to use or intended use of the Platform.

Where such matter relates to the business of the User and comes to its attention during the term of this Agreement, The User shall at the same time give to FYRE full details in writing.

10.19. The User shall not make any statement or admission in respect of any such challenge, allegation or complaint, except to FYRE or with FYRE's prior written consent to the making of and the precise contents of such statement or admission, except that The User may state that the matter has been or will be referred to FYRE.

10.20. FYRE shall have the right to assume the conduct of all actions or proceedings, as well as the defense against any counter-proceedings and any negotiations for the settlement of the same relating to the Platform and shall bear the costs and expenses thereof.

10.21. The User may call upon FYRE to bring or defend or continue to bring or defend any actions or proceedings relating to the Platform and to conduct any negotiations for the settlement of the same, in which case The User shall bear (and indemnify FYRE) against all costs, liability and expenses arising therefrom and shall be entitled to any damages, profits or other payments received by FYRE or The User which arise out of the said actions, proceedings or negotiations.

10.22. If the Platform becomes the subject of a claim of infringement, FYRE will, at its option: (1) procure for the User the right to continue using the Platform; (2) replace the Platform or part of the same with a non-infringing product substantially complying with the Platform's specifications; (3) modify the Platform so it becomes non-infringing and performs in a substantially similar manner to the original Platform; or (4) upon failure of the foregoing, the User will cease any infringing use of the Platform and FYRE or its agents will refund the fees paid to FYRE for the infringing part of the Platform, less a reasonable allowance for use.

10.23. Notwithstanding the above, FYRE has the right to refuse to take any of such steps if it considers that the result is likely to be negative or that they will detrimentally affect FYRE's title to, or the value of the Platform, in which case reasons for such refusal shall be given in writing to The User.

10.24. The parties at all times during the term of this Agreement shall have due regard to the legitimate commercial and legal interests of each other and shall consult with each other where necessary in relation thereto in deciding any matters concerning any such actions, proceedings or settlement negotiations, including whether or not to bring, defend or assume the conduct of any such actions, proceedings or settlement negotiations.

11. Confidentiality

11.1 The Parties undertake to keep confidential the information of all kinds that they receive during use and/or operation of the Platform.

11.2 On termination of the User’s registration for any reason whatsoever, this obligation will remain in force for a period of five (5) years.

11.3 This obligation does not apply to information that:

was already held by the Party to whom it was given, or was obtained by it before the User’s registration on the Platform,
is in the public domain,
is expressly deemed as non-confidential by the disclosing Party,
was obtained by one of the Parties from a third party not subject to a confidentiality agreement with the Party who initially held the information, without connection to the operation and/or use of the Platform,
was obtained or developed by one of the Parties without the help of information provided by the other Party,
is required by law to be disclosed.

12. Access to the services

12.1 Subject to the User compliance with these Terms of Use and the User payment of any applicable fees, FYRE grants the User a limited right to access and make personal use of this FYRE Service and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FYRE. This license does not include any resale or commercial use of any FYRE Services or its contents; any derivative use of any FYRE Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This FYRE Service or any portion of this FYRE Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. The User may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page lathe User, or form) of FYRE or its partners without our express written consent. The User may not use any meta tags or any other 'hidden text' utilising FYRE or its partner’s names or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by FYRE The User is granted a limited, revocable, non-transferable, non-sub licensable and nonexclusive right to create a hyperlink to the home page of FYRE APP platform so long as the link does not portray FYRE, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. The User may not use any logo or other proprietary graphic or trademark of FYRE as part of the link without our express written permission.

12.2 The User may use Platform solely for purposes of enabling the User to use and enjoy FYRE Services as provided by FYRE, and as permitted by these Terms of Use and any Service Terms. The User may not incorporate any portion of the Platform into the User own programs or compile any portion of it in combination with the User own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Platform or otherwise assign any rights to the Platform in whole or in part. The User may not use the Platform for any illegal purpose.

13. The User Licence to FYRE

13.1 If the User submit material, and unless we indicate otherwise, the User grants FYRE a nonexclusive, royalty-free, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as the User is permitted to grant the said license under applicable law. The User grants FYRE and its subprocessors the right to use the name that the User submits in connection with such content, if they choose. The User represents and warrants that the User owns or otherwise controls all of the rights to the content that the User submits; that the content is accurate; that use of the content the User supplies does not violate this policy and will not cause injury to any person or entity; and that the User will indemnify FYRE for all claims arising from content the User supplies. FYRE has the right but not the obligation to monitor and edit or remove any activity or content. FYRE takes no responsibility and assumes no liability for any content submitted by the User or any third party.

14. Intellectual Property Complaints

14.1 FYRE respects the intellectual property (including copyright, trademark, patent and design rights) of others. If the User believe that the User work has been copied in a way that constitutes intellectual property infringement, please contact us at ip-complaints@fyre.fr.

14.2 Upon receipt of the User notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a notification, the User grants to FYRE the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the notification to the parties involved in the provision of the allegedly infringing content. The User agrees to indemnify FYRE for all claims brought by a third party against FYRE arising out of or in connection with the submission of a notification.

Important Warning: giving false, misleading or inaccurate information in the notification to FYRE may result in civil and/or criminal liability. The User should contact a legal advisor should the User have any questions.

15. Disclaimer of warranties and limitation of liability

15.1.FYRE cannot on any account be held liable for the content published by the User on the Platform, which it merely hosts, and only the User has the capacity of publisher(s) of that content. FYRE can hold the User liable for any loss that it may suffer due to his/her content. The User guarantees FYRE against all direct and indirect, material and non-material damaging consequences that may result from his/her content.

15.2. FYRE ensures the availability and continuity of the Platform, it being understood that it cannot on any account be held liable for any interruption to the Platform due to maintenance, technical problems, internet congestion or the failure of any other remote transmission system that may prevent the Platform from functioning.

15.3.FYRE does not guarantee the continuity or quality of the communications links with the User. Consequently, communications with FYRE’s employees may be interrupted without notice for a reasonable period, in particular for maintenance or for any other reason other than an error by FYRE.

15.4. FYRE cannot be held liable in the event of poor performance of the Services due to information incorrectly entered or that has not been updated by the User.

15.5. FYRE cannot be held liable for service outages or damage linked to an intrusion, hacking of the system by a third party or illicit data extraction, in spite of implementing security methods in line with current technical knowledge, since FYRE merely has an obligation of best efforts regarding known security techniques.

15.6. If FYRE is held liable, in particular due to the poor functioning of the Platform, it can prevent any such action, at its discretion alone, by correcting the anomaly or updating the Platform.

15.7. FYRE cannot on any account be required to compensate the indirect loss (business loss, data loss, loss of profits, revenues, orders or Users etc.) that the User may suffer.

IN ADDITION, IN ITS RELATIONS WITH THE USER, THE FYRE’S LIABILITY CANNOT ON ANY ACCOUNT EXCEED THE TOTAL AMOUNT PERCEIVED FOR USE OF THE PLATFORM BY THE USER FOR THE YEAR DURING WHICH THE ALLEDGED NON-PERFORMANCE OCCURRED, EXCEPT IN CASES OF SERIOUS OR WILFUL MISCONDUCT.

15.8 FYRE SERVICES ARE PROVIDED BY FYRE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. FYRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS FYRE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS FYRE SERVICE. THE USER EXPRESSLY AGREES THAT THE USER USE OF THIS FYRE SERVICE IS AT THE USER SOLE RISK. FYRE RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS FYRE SERVICE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FYRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FYRE DOES NOT WARRANT THAT THIS FYRE SERVICE, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM FYRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FYRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS FYRE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE USER, AND THE USER MIGHT HAVE ADDITIONAL RIGHTS.

16. Services Descriptions

FYRE attempts to be as accurate as possible. However, FYRE does not warrant that descriptions of services or other content of this FYRE Service is accurate, complete, reliable, current, or error-free. FYRE provides links to other sites over which FYRE has no control. FYRE is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

17. FYRE services policies, modification, and severability

Please review all policies applicable to FYRE Services the User use posted, or otherwise made available, through the applicable FYRE Services. These policies also govern the User visit to and use of FYRE Services. We reserve the right to make changes to FYRE Services policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

18. Duration - Termination

18.1.Registration on the Platform is effective from the first time the User logs in to his/her Digital Space. Registration is for an unlimited period.

18.2. User can terminate this Agreement at any time by sending an email with acknowledgement of receipt, subject to providing three (3) months’ notice. FYRE shall be entitled to terminate this Agreement without any formality, or judicial proceedings upon 30 days’ written notice. Either party may terminate this Agreement upon written notice to the other party, if the other party becomes insolvent, is the subject of a petition in bankruptcy, that is not resolved within thirty (30) days, admits in writing its inability to pay its debts, makes an assignment for the benefit of creditors, or ceases doing business.

18.3. If either party defaults in the performance of any obligation of this Agreement and fails to cure such default within forty-five (45) days after written notice specifying the default, the non-defaulting party giving notice may, at its option, terminate this Agreement immediately upon written notice to the defaulting party.

18.4. By way of exception to the above, we may cease providing any Platform and we may terminate the User right to use any Platform at any time. The User rights to use the Platform will automatically terminate without notice from us if the User fail to comply with any of these Terms of Use and any Service Terms.

18.5. In particular, the obligations relating to use of the Platform and the content published on it, the obligation to respect intellectual property rights, and the confidentiality obligation will be deemed to be commitments the non-performance of which may result in the termination of the Agreement.

18.6. By way of exception to Article 13.1, in the event of termination of the subscription agreement between FYRE and the User for any reason whatsoever, FYRE can terminate this Agreement by sending an email with acknowledgement of receipt, subject to providing fifteen (15) days’ notice.

18.7 In the event of termination of this Agreement on any grounds whatsoever, the User will no longer be able to access the Platform. This termination shall not relieve The User from its liability to respect all the obligations claimable before the termination date, but this shall not imply or create any continued right to use the Platform after termination of this Agreement.

19. Applicable Law

19.1. By using FYRE Services the User agrees that the laws of the Grand Duchy of Luxembourg, without regard to principles of conflicts of laws and the United Nations Convention of Contracts for the International Sale of Goods, will govern these Terms of Use and any dispute of any sort that might arise between the User and FYRE. Any dispute relating in any way to the User use of FYRE Services or this Agreement (a) may be adjudicated in the courts of the district of Luxembourg City, Luxembourg if the User is not registering for FYRE Services as a business and (b) will be adjudicated exclusively in the jurisdiction of the courts of the district of Luxembourg City, Luxembourg if the User is registering for FYRE Services as a business.

19.2. Waiver by FYRE or The User of any condition or covenant of this Agreement shall not be deemed a waiver of any other condition or covenant of this Agreement.

20. Evidence

In the event of a dispute, the Parties agree to accept emails and exchanges via the Platform as original documents that may be used as evidence, and waive their right to contest this means of proof, unless they dispute their authenticity.

21. General Dispositions

21.1 FYRE can employ the subcontractors of its choice in order to carry out the Services. The User acknowledges and accepts that in connection with a subcontracting operation, FYRE will be required to pass on the personal data of the User and/or the Users to the subcontractor. Within this framework, FYRE undertakes to comply with the regulations regarding subcontracting the processing of personal data.

21.2 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns. Unless sold in conjunction with the whole business of the User or a significant part of its assets, this Agreement is personal to the User and the User may not without prior consent in writing of FYRE assign or otherwise dispose of it or part of it.

21.3 This Agreement does not constitute and shall not be construed as constituting an agency, partnership or joint venture relationship between the User and FYRE.

21.4 This Agreement constitutes the entire Agreement and understanding of the parties with respect to the subject matter of this Agreement, superseding all previous Contracts. This Agreement may be modified in a written instrument executed by the parties.

21.5 In the event that any provision of this Agreement shall be deemed to be invalid, illegal, void or otherwise unenforceable by reason of any applicable law, it shall be deleted and the remaining provisions hereof shall continue in full force and effect and the rights and obligations of the parties shall be construed and enforced accordingly.

21.6 Each Party hereto shall without undue delay notify the other of any material change in conditions or the occurrence of any event, which interferes or threatens to interfere with the performance of this Agreement.

21.7 None of the Parties shall be liable towards the other for damages or losses caused by strikes, trade union actions, lock outs, accidents, fire, scarcity or absence of raw materials, delay on the part of carriers, force majeure, acts of government, state of war or any other cause outside of its own control. The above exemption from responsibility is dependent on the event of Force Majeure being notified. Such notification must be effected by the Party, which incurs the event to the other party within a deadline of 30 (thirty) days from when the event occurs or from when it is possible to so notify.

21.8 The headings given sections of this Agreement are solely for convenience or reference, and shall not be construed as having any bearing upon the interpretation or meaning of the provisions of this Agreement.

21.9 The Parties expressly provide that this Agreement be draw up in English.

21.10 Neither FYRE or The User shall be liable for delay in performance or failure to perform if such delay or failure is caused by any occurrence or contingency beyond the reasonable control of the affected party, which by the exercise of due diligence such party would be unable to overcome, or by compliance in good faith with any applicable foreign or domestic governmental requirement.

21.11 This Agreement shall be executed electronically by accepting these Agreement during the registration process in the Platform or at a later stage. The natural person accepting these Agreement warrants that he or she has the authority to execute this instrument on behalf of the principal for whom he or she is signing, that the Agreement has been approved by all applicable corporate procedures and agrees to defend and hold harmless FYRE from any claim that he or she was not fully authorised to execute this Agreement on behalf of the principal for whom he or she signed this Agreement.

Appendix 1 & 2 : Presentation of the Software & Offers by FYRE

Restaurant Offer: Empowering Your Business for Success

Welcome to Fyre’s comprehensive suite of tools tailored to revolutionize your restaurant operations. Designed with the needs of modern restaurateurs in mind, our solutions deliver efficiency, profitability, and growth in one seamless platform.

PRICES BELOW ARE THE RELATED TO THE PUBLIC OFFERING. IF YOU RECEIVED THE SOFTWARE FROM ONE OF OUR PARTNERS, THE PRICING MAY NOT APPLY. PLEASE REFER TO OUR RESELLER PRICING.

Insights & Activation

Benchmark: Free

Compare your performance to industry standards and gain actionable insights to stay ahead.

Sales Analytics: €19/month

Boost profitability with strategic insights into your activity and identify growth opportunities.

Brands Challenges: Free

Participate in exclusive challenges to receive rewards and benefits from suppliers.

Order & Pay

Digital Menu: €19/month

Empower your customers with a digital menu they can access with ease, and you can update effortlessly.

Table Ordering & Payment: €69/month

Speed up service and enhance the dining experience with streamlined table ordering and payment systems.

Pickup & Delivery: €49/month

Expand your reach beyond the dining room with commission-free pickup and delivery services.

Transaction fees from your online payment provider are not included in the listed prices.

Cashback Loyalty: €19/month

Build a powerful CRM and ensure customer loyalty from the first visit with our cashback program.

Digital Marketing

Content Creation: €59/month

Create engaging content and publish it across all social networks effortlessly.

Ads on Social Networks: Media budget applies

Boost your visibility and drive traffic with targeted ad campaigns.

Why Choose Fyre?

Easy Onboarding: Get started quickly with our intuitive tools and dedicated support team.
No Hidden Costs: Transparent pricing with no hidden fees.
Data-Driven Decisions: Access real-time insights to optimize your operations.
Exclusive Rewards: Unlock unique benefits and partnerships with top suppliers.
Commission-Free Solutions: Keep 100% of your revenue with our pickup and delivery system.
Build Customer Database: Create a valuable customer database that enhances your store’s value over time.

General Terms of Use and Service

The company FYRE, a Société Anonyme incorporated under the laws of Luxembourg, having its corporate headquarter at 6, rue du Fort Bourbon, L-1249 Luxembourg registered before the Companies Register of Luxembourg under number B224597, hereinafter referred to as “FYRE” or "we"

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Developed with ❤ in Luxembourg