Terms of Service

In these Terms of Service:

• •"Fiest" or "we" refers to Fiest Oy (Business ID: 3438254-5), Lapinlahdenkatu 11, 00180 Helsinki, Finland
• •"Platform" refers to fiest.io, dashboard.fiest.io, order.fiest.io, docs.fiest.io, and receipts.fiest.io
• •"You" or "Restaurant" refers to restaurants, cafés, bars, or other food service businesses using our services
• •"End Customer" refers to individuals placing orders through your restaurant's ordering interface
• •"Services" refers to all digital restaurant management solutions provided by Fiest
• •"Hardware" refers to any physical devices provided by Fiest Oy, including payment terminals, tablets, and printers

By accessing and using Fiest's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Fiest provides digital restaurant management solutions, including digital menus, order management, kitchen displays, analytics, and payment processing integration. Services are provided 'as is' and 'as available' and may be modified at our discretion.

Fiest is a technology platform provider. You remain solely responsible for: - The quality, safety, and preparation of all food and beverages - Accuracy of menu information, allergen data, and pricing - Fulfillment of orders placed through the Platform - Compliance with food safety regulations and licensing requirements - Your relationship with End Customers

Fiest facilitates payments on behalf of Restaurants through our payment processor partners (Stripe or SumUp). Fiest is not a restaurant, food preparation business, or delivery company.

Restaurant owners must create an account to use our services. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.

We charge a platform fee based on the total value of transactions processed through our platform, including refunded orders and cash payments. The current standard platform fee is 0,70% for POS (Point-of-Sale) payments and 1,99% for online payments such as pickup. These fees are exclusive of VAT (25,5%), which will be added according to applicable regulations.

This fee covers access to all platform features and related services, including those not directly tied to payment processing. For restaurants with higher monthly transaction volumes, we provide custom enterprise-tier pricing options. Please contact us directly for further details.

Importantly, any payments processed through hardware provided by Fiest Oy (including but not limited to payment terminals, POS systems, or other devices) that have not been purchased through a separate ownership agreement are subject to the platform fees specified in the restaurant's Fiest account. These fees apply regardless of whether the full platform features are actively used, as the hardware remains integrated with and part of the Fiest ecosystem.

Payment processing is handled by our partners, Stripe and SumUp. Please note that their respective processing fees are charged separately, in addition to our platform fee. All platform fees collected by Fiest Oy are non-refundable.

Unless otherwise agreed in a separate partnership agreement, the pricing stated above represents the current pricing structure and will apply to all services provided by Fiest Oy.

Restaurants are responsible for ensuring a stable internet connection for Fiest's platform and associated hardware to function properly. Fiest Oy is not liable for any service disruptions, data loss, or other issues resulting from inadequate network conditions or connectivity failures.

Any hardware provided by Fiest Oy, including but not limited to payment terminals, laptops, monitors, printers, mobile devices, and other equipment, remains the property of Fiest Oy unless explicitly purchased by the restaurant through a separate written agreement.

Restaurants must not transfer, modify, or tamper with the hardware without Fiest Oy's prior written consent. Restaurants are responsible for handling the devices as intended and in accordance with their purpose. Restaurants are fully liable for any damages resulting from misuse, negligence, or use contrary to provided instructions.

Upon termination of the service agreement, all Fiest-owned Hardware must be returned in good working condition within 14 days. Failure to return the Hardware within this timeframe, or returning damaged Hardware, may result in additional charges equivalent to the replacement cost of the equipment.

We collect and process data as outlined in our Privacy Policy. By using our services, you consent to our data collection and processing practices.

You agree not to misuse our services or help anyone else do so. This includes attempting to gain unauthorized access, transmitting malware, or engaging in fraudulent activities.

We may suspend or terminate your account for violations of these terms.

To request account termination, you can either use the account settings in dashboard.fiest.io or send a request to support@fiest.io.

To the maximum extent permitted by Finnish law, Fiest Oy's total aggregate liability arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total platform fees paid by you to Fiest Oy in the three (3) months preceding the claim, or (b) one hundred euros (EUR 100).

Fiest is not liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services, including but not limited to lost profits, lost revenue, lost data, or business interruption.

This includes any issues with payment provider hardware or services. We strongly recommend maintaining a backup point of sale device from your chosen payment processor to ensure business continuity.

Fiest bears no responsibility for: - The functionality, reliability, or availability of third-party payment processing hardware or services - Food safety, quality, or hygiene issues at your restaurant - Disputes between you and your End Customers - Inaccurate menu information or pricing that you provide

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Fiest Oy has been advised of the possibility of such damages.

Fiest Oy reserves the right to modify these Terms of Service. For material changes that affect your rights or obligations, we will provide at least 30 days' notice via email to your registered account before the changes take effect. During this notice period, you may terminate your account if you do not agree with the changes. Minor changes (such as corrections, clarifications, or changes required by law) may take effect immediately. Your continued use of Fiest's services after the effective date constitutes your acceptance of the revised Terms of Service.

Restaurants are responsible for the correct and proper use of the software, including ensuring that all entered data accurately reflects actual products and sales transactions.

If a restaurant misuses the software or enters incorrect or misleading data (e.g., creating fictitious products or inaccurately reporting sales data), Fiest Oy reserves the right to charge the restaurant a surcharge to cover the labor involved in correcting such data.

The amount of the surcharge will depend on the scope and complexity of required corrections and the time necessary to rectify inaccuracies.

Any disputes will be resolved through negotiation first. If negotiations are unsuccessful, disputes may be referred to:

• •For consumers: The Consumer Disputes Board (kuluttajariitalautakunta) after contacting consumer advice (kuluttajaneuvonta.fi). The Board's decision is a recommendation.
• •For all parties: The Helsinki District Court as the court of first instance.

Finnish law applies to these terms.

Consumer Disputes Board: Website: kuluttajariita.fi Postal address: Hämeentie 3, PL 306, 00531 Helsinki

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fiest Oy regarding the use of our services, superseding any prior agreements or understandings.

Fiest Oy shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet service disruptions, payment processor failures, or actions by governmental authorities.

For consumers placing orders through our platform:

Under the Finnish Consumer Protection Act and EU Consumer Rights Directive, consumers generally have a 14-day right of withdrawal for distance contracts. However, this right does not apply to:

• •Food and beverages or other goods intended for everyday consumption delivered to the consumer's home or workplace
• •Goods that deteriorate or expire rapidly
• •Sealed goods that are not suitable for return due to health or hygiene reasons and have been unsealed after delivery
• •Goods that have been mixed inseparably with other items after delivery

As most orders placed through Fiest are for food and beverages, the withdrawal right typically does not apply. If you have questions about your rights regarding a specific order, please contact the restaurant directly or reach out to us at info@fiest.io.