Terms of Service and End User License Agreement

Last Updated: December 19, 2024

1. Agreement to Terms and License

1.1 Acceptance of Terms

By accessing, installing, copying, or otherwise using the Forsyrup mobile application (the "App"), you agree to be bound by these Terms of Service and End User License Agreement ("Terms" or "Agreement"). If you do not agree to these Terms, please do not access, install, or use the App.

BY INSTALLING, COPYING, OR OTHERWISE USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1.2 Consumer vs. Business Users

Consumer Users: If you are using the App for purposes that are wholly or mainly outside your trade, business, craft, or profession, you are a "Consumer" and have additional rights under EU consumer protection laws.

Business Users: If you are using the App for purposes relating to your trade, business, craft, or profession (including cafe owners with Seller Accounts), you are a "Business User."

Different Terms Apply: Some provisions of these Terms differ for Consumers and Business Users, particularly regarding liability limitations and dispute resolution. Please review the relevant sections carefully.

These limitations do not affect your statutory rights as a consumer.

1.3 Platform Intermediary Status

IMPORTANT: Forsyrup is an intermediary platform that facilitates connections between users and Stores (cafe owners). We are NOT a party to transactions between users and Stores. We do not:

• Own, operate, or control Stores
• Guarantee the quality, safety, or legality of Stores or their services
• Verify, endorse, or recommend Stores
• Act as an agent for Stores or users

We are protected by E-Commerce Directive safe harbor provisions for intermediary services. We are not liable for content provided by Stores or users, except as required by applicable law.

If cafe owners (Stores) do not act right, behave improperly, violate laws, breach agreements, or cause any harm or damage, THAT IS ENTIRELY ON THEM, NOT ON FORSYRUP.We are not responsible for any actions, omissions, or conduct of cafe owners or Stores, except as required by applicable law.

1.4 No Reliance on Forsyrup

You acknowledge that you are not relying on Forsyrup for any guarantees, warranties, or assurances regarding:

• The quality, safety, or legality of Stores or their services
• The accuracy of information provided by Stores
• The fulfillment of any promises made by Stores
• The resolution of any disputes with Stores
• The protection of your rights or interests

You understand that Forsyrup is merely a platform that facilitates connections between users and Stores, and we have no control over or responsibility for Stores' actions.

2. License Grant

2.1 License Grant

Subject to the terms and conditions of this Agreement, Forsyrup hereby grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the App on devices that you own or control
• Use the App solely for your personal, non-commercial purposes (unless you have a Business User account)
• Access and use the App in accordance with its intended functionality

2.2 License Restrictions

You may NOT:

• Copy, modify, adapt, alter, translate, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party
• Use the App for any commercial purpose without Forsyrup's prior written consent (except for Business Users with Seller Accounts)
• Use the App in any way that violates applicable laws or regulations
• Use the App to transmit any viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the App without permission
• Attempt to gain unauthorized access to the App or its related systems
• Interfere with or disrupt the App or servers connected to the App
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent
• Use the App to spam, harass, or harm other users
• Violate any intellectual property rights

2.3 Ownership

The App is licensed, not sold. Forsyrup and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The App and its original content, features, and functionality are owned by Forsyrup and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

2.4 User Content

You retain ownership of any content you create, upload, submit, post, or display through the App ("User Content"). By submitting User Content, you grant Forsyrup a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of operating and providing the App.

2.5 Updates and Modifications

Forsyrup may, from time to time, provide updates, upgrades, or modifications to the App. These updates may be provided automatically or require your consent. By continuing to use the App, you agree to receive such updates.

Forsyrup reserves the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice. You agree that Forsyrup shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

3. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the App. By using the App, you represent and warrant that:

• You are of legal age to form a binding contract
• You have the right, authority, and capacity to agree to and abide by these Terms
• You will not use the App in violation of any applicable law or regulation
• You are not located in any U.S. embargoed country or on any U.S. restricted list

4. Account Registration and Security

4.1 Account Creation

To use certain features of the App, you must create an account. You can create an account by:

• Signing in with Google Sign-In
• Signing in with Apple Sign-In

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information is accurate and up-to-date

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Any other reason we deem necessary to protect the App, its users, or third parties

5. Use of the App

5.1 Permitted Use

You may use the App for lawful purposes only and in accordance with these Terms. You agree to:

• Use the App in compliance with all applicable laws and regulations
• Provide accurate and truthful information
• Respect the rights of other users
• Use the App only for its intended purpose

5.2 Prohibited Activities

You agree NOT to engage in any of the prohibited activities listed in Section 2.2 (License Restrictions) or any other activity that violates these Terms or applicable laws.

6. Pricing and Subscription Services

6.1 Cafe Owner Accounts (Seller Accounts)

Cafe owner accounts ("Seller Accounts") are subject to a daily subscription fee. By creating or using a Seller Account, you agree to the following pricing terms:

• Daily Subscription Fee: The subscription fee ranges from €0.14 to €0.99 per day
• Price Variation: We reserve the right to adjust the daily subscription fee at our discretion within this range
• Current Price: The current daily subscription fee will be displayed in the App before you subscribe
• Payment Method: Payments are processed through Stripe payment processing system
• Billing Cycle: Fees are charged yearly and will continue until you cancel your subscription

IMPORTANT - Daily Billing Notice:

• Subscriptions are billed YEARLY (every 365 days)
• Charges occur automatically each day at the time of your initial subscription (based on your timezone)
• You can cancel at any time through the App settings
• Cancellation takes effect at the end of your current billing period (the current day)
• No charges will be made for future periods after cancellation
• There is no minimum subscription period - you can cancel immediately

6.2 Free User Accounts

Regular user accounts (client accounts) are free to use. No subscription fees apply to regular users of the App.

6.3 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will:

• For Business Users: Be communicated to you at least 30 days in advance
• Apply to new billing cycles after the effective date
• Not affect your current billing cycle if you are already subscribed
• Be clearly displayed in the App
• Right to Cancel: If you are a Consumer and the price increases, you have the right to cancel your subscription without penalty before the price increase takes effect
• No Retroactive Increases: Price increases will never apply retroactively to periods you have already paid for

6.4 Payment Terms

• Payment Authorization: By subscribing, you authorize us to charge your payment method for the subscription fee
• Automatic Renewal: Subscriptions automatically renew daily unless cancelled
• Payment Processing: Payments are processed by our third-party payment processor Stripe payment processing system
• Failed Payments: If a payment fails, we may suspend or terminate your Seller Account access
• Refunds: Refund policies are outlined in Section 6.5

Payment Processor Liability:

• Third-Party Processor: We use a third-party payment processor to handle payments. We are not responsible for payment processor failures, errors, or technical issues.
• Payment Disputes: Disputes regarding payment processing should be directed to the payment processor. We are not responsible for resolving payment processor disputes.
• Chargebacks: If you initiate a chargeback, we may suspend your account during the investigation. If the chargeback is found to be invalid, you may be responsible for any fees incurred.
• Refund Processing: Refunds are processed through the payment processor and may take 5-10 business days to appear in your account.

6.5 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time through the App settings
• Effective Date: Cancellation takes effect at the end of your current billing period
• Refunds: Refunds are generally not provided for partial billing periods, except as required by law or at our discretion
• EU Right of Withdrawal: If you are located in the EU, you may have a 14-day right of withdrawal for digital services under certain circumstances (see Section 6.6)

6.6 EU Right of Withdrawal

IMPORTANT - Right of Withdrawal for EU Consumers:

If you are a Consumer located in the European Union, you have the right to withdraw from the subscription contract within 14 days of subscription,BUT ONLY IF YOU HAVE NOT YET STARTED USING THE SERVICE.

By starting to use the service (accessing your Seller Account features), you expressly acknowledge that:

• You have requested immediate performance of the service
• You consent to losing your right of withdrawal once performance has begun
• You understand that you will not be able to withdraw once you have started using the service

To exercise your right of withdrawal (if you have not yet started using the service):

• Contact us at help@forsyrup.com with "Withdrawal Request" in the subject line
• Include your account details and the date of subscription
• Refunds will be processed within 14 days of receiving your withdrawal request

If you have already started using the service, the right of withdrawal no longer applies as the service has been fully performed.

6.7 Taxes

• VAT: All prices are exclusive of VAT unless otherwise stated
• Tax Responsibility: You are responsible for any applicable taxes in your jurisdiction
• EU VAT: For EU customers, VAT will be added to the subscription fee as applicable
• Invoice: Invoices will be provided for all paid subscriptions

7. Loyalty Programs and Store Responsibility

7.1 Program Participation

The App provides access to loyalty programs offered by participating merchants ("Stores" or "Cafe Owners"). By participating in a loyalty program, you agree to:

• Comply with the specific terms and conditions of each loyalty program
• Use loyalty program benefits only for personal, non-commercial purposes
• Not transfer, sell, or trade loyalty program benefits without authorization
• Accept that loyalty programs are provided by Stores, not by Forsyrup
• Acknowledge that Stores are solely responsible for their own actions and conduct

7.2 Store Responsibility - CRITICAL

CAFE OWNER AND STORE RESPONSIBILITY:

• STORES ARE SOLELY RESPONSIBLE: Cafe owners and Stores are entirely and solely responsible for their own actions, conduct, behavior, and operations.IF A CAFE OWNER OR STORE DOES NOT ACT RIGHT, BEHAVES IMPROPERLY, VIOLATES LAWS, BREACHES AGREEMENTS, CAUSES HARM, OR ENGAGES IN ANY WRONGDOING, THAT IS ENTIRELY ON THEM, NOT ON FORSYRUP.

• NO FORSYRUP RESPONSIBILITY: We are not responsible for, and expressly disclaim all liability for (except as required by applicable law for Consumers):

• Any actions, omissions, or conduct of cafe owners or Stores
• Any violations of law by cafe owners or Stores
• Any breaches of agreements by cafe owners or Stores
• Any harm, damage, or losses caused by cafe owners or Stores
• Any fraudulent, deceptive, or illegal conduct by cafe owners or Stores
• Any disputes between users and cafe owners or Stores
• Any failure of cafe owners or Stores to fulfill their obligations
• Any quality, safety, or legality issues with Stores' services or products
• What happens if a cafe owner goes out of business
• Loss of loyalty points or benefits if a Store terminates its program

• NO CONTROL: We do not control, monitor, supervise, or manage cafe owners or Stores. We are not responsible for ensuring that cafe owners or Stores comply with laws, regulations, or agreements.

• NO VERIFICATION: We do not verify, investigate, or validate the credentials, qualifications, financial status, or conduct of Stores. You use Stores at your own risk.

• NO INTERVENTION: We have no obligation to intervene, assist, or become involved in any disputes, complaints, or issues involving cafe owners or Stores. All such matters are between you and the cafe owner or Store.

• LOYALTY POINTS: Loyalty points are managed by Stores, not by Forsyrup. If a Store goes out of business or terminates its loyalty program, we are not responsible for any lost points or benefits. Loyalty points may expire according to each Store's policies.

7.3 Program Terms

• No Responsibility: Loyalty programs are offered by individual Stores, not by Forsyrup. We are not responsible for the terms, conditions, benefits, availability, or operation of individual loyalty programs.
• Store Discretion: Stores may modify, suspend, or terminate their loyalty programs at any time without notice to us or to you.
• No Guarantees: We do not guarantee the availability, accuracy, or quality of any loyalty program. We do not guarantee that any loyalty program will meet your expectations or provide any specific benefits.
• Disputes: Any disputes regarding loyalty programs must be resolved directly with the Store offering the program. We are not a party to any such disputes and have no obligation to intervene or assist in resolving them.
• Removal: We reserve the right to remove or suspend access to any loyalty program or Store at any time, with or without notice, for any reason, but we have no obligation to do so.
• No Liability: We shall not be liable for any losses, damages, or claims arising from your participation in loyalty programs or interactions with Stores, including but not limited to:
• Loss of loyalty points or benefits
• Program modifications or terminations
• Disputes with Stores
• Fraudulent or deceptive programs
• Program errors or technical issues
• Any actions or conduct of Stores
• Any harm caused by Stores

7.4 Store Conduct

• No Endorsement: The presence of a Store on the App does not constitute an endorsement, recommendation, or approval by Forsyrup. We do not vouch for, guarantee, or warrant the quality, safety, legality, or reliability of any Store.
• No Verification: We do not verify, investigate, or validate the credentials, qualifications, or conduct of Stores. You use Stores at your own risk.
• Store Responsibility: Each Store is solely responsible for its own:
• Compliance with all applicable laws and regulations
• Fulfillment of its obligations and promises
• Quality and safety of its products and services
• Treatment of customers and users
• Business practices and conduct
• Any harm or damage it causes

8. Location Services

The App uses location services to provide location-based features. By using the App, you consent to:

• The collection and use of your location data
• Sharing your location data with Stores to find nearby offers and locations
• Location data being stored on our servers for the purpose of providing services

You can disable location services through your device settings, but this may limit certain App features.

9. Third-Party Services

9.1 Third-Party Service Providers

The App integrates with third-party services, including:

• Google Sign-In
• Apple Sign-In
• Supabase (backend services)
• Firebase Crashlytics (crash reporting)
• Payment processors (e.g., [PAYMENT_ONE / YOUR_PAYMENT_PROCESSOR])
• Other third-party service providers

9.2 Third-Party Terms

Your use of these third-party services is subject to their respective terms of service and privacy policies. You are responsible for reviewing and complying with such terms and policies.

9.3 No Responsibility for Third Parties

WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• The availability, accuracy, or performance of third-party services
• The practices, policies, or conduct of third-party service providers
• Any errors, failures, or interruptions in third-party services
• Any data breaches or security incidents involving third-party services
• Any changes, modifications, or discontinuations of third-party services
• Any costs, fees, or charges imposed by third-party service providers
• Any disputes between you and third-party service providers
• Any third-party content, data, information, applications, or materials displayed, included, or made available through the App

9.4 Third-Party Service Changes

Third-party service providers may change, modify, or discontinue their services at any time. We are not responsible for any consequences of such changes, and we have no obligation to provide alternative services or refunds.

9.5 No Endorsement

Reference to any third-party service does not constitute an endorsement, recommendation, or approval by us. We do not control or endorse any third-party services.

10. Disclaimers

10.1 App Availability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR AVAILABILITY OF THE APP
• WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS
• WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP
• WARRANTIES REGARDING THIRD-PARTY SERVICES, CONTENT, OR PRODUCTS

10.2 Service Interruptions

We do not guarantee that:

• The App will be available at all times or without interruption
• The App will be error-free or secure
• Defects will be corrected
• The App or servers are free of viruses or other harmful components
• The App will be compatible with all devices or operating systems
• The App will function without interruption or errors
• Data transmission will be secure or error-free

10.3 Third-Party Content and Services

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• Content, products, or services provided by third parties (including Stores, payment processors, and other service providers)
• The accuracy, completeness, or reliability of any third-party content
• Any transactions between you and third parties (including Stores)
• Any disputes between you and third parties
• The availability, quality, or performance of third-party services

10.4 Loyalty Programs

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• The terms, conditions, benefits, or availability of loyalty programs offered by Stores
• Any disputes between you and Stores regarding loyalty programs
• The modification, suspension, or termination of loyalty programs by Stores
• The accuracy of loyalty program information displayed in the App
• Any losses or damages resulting from participation in loyalty programs

10.5 Location Services

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• The accuracy of location data or location-based services
• Any errors or inaccuracies in location-based recommendations
• Any consequences of sharing your location data
• The availability or accuracy of nearby store information

10.6 Payment Processing

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• Payment processing errors or failures by third-party payment processors
• Fraudulent transactions or unauthorized charges
• Payment disputes between you and payment processors
• Currency conversion rates or fees charged by payment processors
• Any technical issues preventing payment processing

10.7 Data and Security

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

• Unauthorized access to your account or data (except as required by law)
• Loss or corruption of data
• Security breaches or data breaches (except as required by law)
• Interception of data during transmission
• Any consequences of data loss or corruption

10.8 No Oral Warranties

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORSYRUP OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

11. Limitation of Liability

11.1 Limitation of Liability - Consumers

If you are a Consumer, our liability is limited as follows:

• We ARE liable for:

• Direct losses caused by our breach of contract (limited to the amount you paid us in the 12 months preceding the claim)

• We are NOT liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses (unless caused by our negligence)
• Damages resulting from third-party conduct, content, or services (including Stores)
• Damages resulting from loyalty program disputes or issues
• Damages resulting from payment processing errors or failures by third-party processors
• Damages resulting from location data inaccuracies
• Damages resulting from force majeure events

• Maximum Liability: Our total liability for direct losses is limited to the amount you paid us in the 12 months preceding the claim, or €100 (one hundred euros), whichever is greater.

These limitations do not affect your statutory rights as a consumer.

11.2 Limitation of Liability - Business Users

If you are a Business User, our liability is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORSYRUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "FORSYRUP PARTIES") SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE APP
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT, CONTENT, OR SERVICES
• DAMAGES RESULTING FROM LOSS OR CORRUPTION OF DATA
• DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR TECHNICAL FAILURES
• DAMAGES RESULTING FROM LOYALTY PROGRAM DISPUTES OR ISSUES
• DAMAGES RESULTING FROM PAYMENT PROCESSING ERRORS OR FAILURES
• DAMAGES RESULTING FROM LOCATION DATA INACCURACIES
• DAMAGES RESULTING FROM SECURITY BREACHES OR DATA BREACHES
• DAMAGES RESULTING FROM FORCE MAJEURE EVENTS
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE APP

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100 (ONE HUNDRED EUROS), WHICHEVER IS GREATER.

FOR FREE USERS, OUR TOTAL LIABILITY SHALL NOT EXCEED €10 (TEN EUROS).

11.3 No Liability for Third Parties

WE SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, STATEMENTS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO:

• STORES AND THEIR LOYALTY PROGRAMS
• PAYMENT PROCESSORS
• THIRD-PARTY SERVICE PROVIDERS (SUPABASE, FIREBASE CRASHLYTICS, GOOGLE, APPLE, ETC.)
• OTHER USERS OF THE APP
• ANY OTHER THIRD PARTIES

11.4 Time Limitation on Claims

ANY CLAIM AGAINST US MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM AROSE, OR SUCH CLAIM IS FOREVER BARRED.This limitation does not affect your statutory rights as a Consumer, which may have longer limitation periods under applicable consumer protection laws.

11.5 Essential Purpose

THE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Indemnification

12.1 Your Indemnification Obligations

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FORSYRUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "FORSYRUP PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, COURT COSTS, AND EXPERT WITNESS FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• Your use of the App or any services provided through the App
• Your violation of these Terms or any other agreement with us
• Your violation of any rights of another (including intellectual property rights, privacy rights, or publicity rights)
• Your violation of any applicable law, regulation, or rule
• Your content, data, or information submitted through the App
• Your participation in loyalty programs or transactions with Stores
• Your use of location services or location data
• Your account or any activity under your account
• Any dispute between you and a third party (including Stores or other users)
• Any claim that your content infringes the rights of a third party
• Any claim arising from your breach of any representation, warranty, or covenant in these Terms

12.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.

12.3 Continuing Obligation

Your indemnification obligations will survive the termination of these Terms and your use of the App.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at help@forsyrup.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 60 days of receiving your notice.

13.3 Dispute Resolution - Consumers

If you are a Consumer, you have the right to:

• Bring disputes in the courts of your country of residence - You are not required to use arbitration
• Use alternative dispute resolution (ADR) through the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/
• Contact your national consumer protection agency - Information available at: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-dispute_en
• Participate in collective actions as permitted by law (EU Directive on Representative Actions)

Arbitration is OPTIONAL for Consumers, not mandatory. You may choose to use arbitration if you prefer, but you are not required to do so.

For Consumer disputes, you may contact:

• EU ODR Platform: https://ec.europa.eu/consumers/odr/
• European Consumer Centre: https://ec.europa.eu/consumers/ecc/index_en.htm
• Your national consumer protection authority (contact information available through the EU ODR platform)

13.4 Dispute Resolution - Business Users

If you are a Business User, disputes must be resolved through binding arbitration as set forth below:

MANDATORY ARBITRATION: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.

Arbitrator: The arbitration will be conducted by a single arbitrator selected in accordance with the applicable arbitration rules.

Language: The arbitration shall be conducted in English.

Confidentiality: The arbitration proceedings and any award shall be confidential.

Award: The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver for Business Users: Business Users agree that disputes will be resolved individually and not as part of a class, collective, or representative proceeding.

13.5 Exceptions to Arbitration

The following disputes are not subject to mandatory arbitration:

• Consumer disputes (as set forth in Section 13.3)
• Disputes that may be brought in small claims court
• Disputes seeking injunctive or other equitable relief for alleged infringement of intellectual property rights
• Disputes that cannot be arbitrated under applicable law

13.6 Waiver of Jury Trial

YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP. (This waiver applies to Business Users only; Consumers retain their right to a jury trial in their local courts.)

13.7 Alternative Dispute Resolution (ADR) for Consumers

If you are a Consumer, you have access to alternative dispute resolution:

• EU Online Dispute Resolution (ODR) Platform: https://ec.europa.eu/consumers/odr/

• You can file complaints through this platform
• The platform will connect you with certified ADR bodies in your country
• This service is free of charge

• National ADR Bodies: Each EU member state has certified ADR bodies. You can find information about ADR bodies in your country through the EU ODR platform.

• European Consumer Centre: https://ec.europa.eu/consumers/ecc/index_en.htm

• Provides advice and assistance to consumers
• Helps resolve cross-border disputes

• Consumer Protection Authorities: You can contact your national consumer protection authority for assistance and to file complaints.

13.8 Time Limitation

Any claim or cause of action arising out of or relating to these Terms or the App must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.This limitation does not affect your statutory rights as a Consumer, which may have longer limitation periods under applicable consumer protection laws.

14. Export Restrictions

You may not use or otherwise export or re-export the App except as authorized by the laws of the jurisdiction in which the App was obtained and the laws of the United States. In particular, but without limitation, the App may not be exported or re-exported:

• Into any U.S. embargoed countries
• To anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List

By using the App, you represent and warrant that you are not located in any such country or on any such list.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending you a notification (if we have your contact information)

Your continued use of the App after changes become effective constitutes acceptance of the updated Terms.

16. Termination

16.1 Termination by You

You may stop using the App at any time by:

• Deleting the App from your device
• Deleting your account through the App settings
• Cancelling your subscription (for paid accounts)
• Ceasing all use of the App

16.2 Termination by Us

We may terminate, suspend, or restrict your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or any other agreement with us
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees (for paid accounts)
• Extended period of inactivity
• Request by law enforcement or government agencies
• Discontinuation or material modification of the App
• Technical or security issues
• Any other reason we deem necessary to protect the App, its users, or third parties

16.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• You must delete all copies of the App from your devices
• All licenses granted to you will immediately terminate
• We may delete your account and associated data (subject to our Privacy Policy and applicable law)
• You will not be entitled to any refund (except as required by law)
• All provisions that by their nature should survive termination will remain in effect, including but not limited to Sections 2.3 (Ownership), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 17 (Severability), and 18 (Entire Agreement)

16.4 Survival

The following provisions will survive termination: Sections 2.3 (Ownership), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 17 (Severability), and 18 (Entire Agreement), and any other provisions that by their nature are intended to survive termination.

17. Severability

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

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal documents referenced herein, constitute the entire agreement between you and Forsyrup regarding the use of the App and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, warranties, and communications, whether written or oral, relating to the subject matter hereof.

18.1 No Reliance

You acknowledge that you have not relied on any representation, warranty, or statement not expressly set forth in these Terms.

18.2 No Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.3 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Forsyrup. You have no authority to bind Forsyrup in any way.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without your consent.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, or civil unrest
• Government actions, regulations, or restrictions
• Pandemics or public health emergencies
• Labor strikes or disputes
• Internet or telecommunications failures
• Cyberattacks or security breaches
• Third-party service provider failures
• Any other cause beyond our reasonable control

18.6 Notices

All notices, requests, and other communications under these Terms must be in writing and will be deemed given when:

• Delivered personally
• Sent by email to help@forsyrup.com (with confirmation of receipt)
• Sent by registered or certified mail, return receipt requested, to: SOFTWARE AND SERVICES Sp. z o.o., ul. Marsz. Józefa Piłsudskiego 74/45, 50‑020 Wrocław, Poland

18.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.8 Language

These Terms may be translated into other languages for convenience. In the event of any conflict between the English version and any translated version, the English version shall prevail.

19. Consumer Rights (EU Consumers)

19.1 Your Consumer Rights

If you are a Consumer located in the European Union, you have the following rights:

• Right to Information: You have the right to receive clear and comprehensive information about our services, prices, and terms
• Right of Withdrawal: You have the right to withdraw from contracts within 14 days (subject to the limitations set forth in Section 6.6)
• Right to Fair Terms: You are protected from unfair contract terms under EU consumer protection laws
• Right to Redress: You have the right to seek redress through courts, ADR, or consumer protection authorities
• Right to Collective Actions: You may participate in collective actions as permitted by EU Directive on Representative Actions

19.2 Where to Get Help

If you are a Consumer and need help or want to file a complaint:

• EU ODR Platform: https://ec.europa.eu/consumers/odr/
• European Consumer Centre: https://ec.europa.eu/consumers/ecc/index_en.htm
• Your National Consumer Protection Authority: Contact information available through the EU ODR platform
• Data Protection Authority: If you have concerns about data protection, contact your national data protection authority (for Poland: https://uodo.gov.pl/)

19.3 Complaints to Supervisory Authorities

You have the right to lodge a complaint with:

• Consumer Protection Authorities: For issues related to consumer rights
• Data Protection Authorities: For issues related to data protection (GDPR)
• Digital Services Coordinators: For issues related to DSA compliance

These limitations and dispute resolution provisions do not affect your statutory rights as a Consumer.

20. Digital Services Act (DSA) Compliance

If you are located in the European Union, these Terms comply with the Digital Services Act (Regulation (EU) 2022/2065). This section provides additional information required under the DSA:

20.1 Service Description

Forsyrup is a digital service that provides a platform for loyalty programs, connecting users with participating merchants ("Stores"). The App allows users to:

• Discover and participate in loyalty programs
• Access location-based offers and recommendations
• Manage loyalty program benefits and rewards
• Interact with participating Stores

20.2 Content Moderation Policy

We maintain policies and procedures to address:

• Illegal Content: Content that violates applicable laws, including but not limited to:

• Content that incites violence or hatred
• Fraudulent or deceptive content
• Content that infringes intellectual property rights
• Content that violates data protection laws

• Terms Violations: Content or behavior that violates these Terms, including:
• Harassment or abuse of other users
• Spam or unsolicited communications
• Misrepresentation or fraud
• Unauthorized use of the App

20.3 Content Moderation Actions

When we identify illegal content or Terms violations, we may:

• Remove or restrict access to the content
• Suspend or terminate user accounts
• Restrict access to certain features
• Report illegal content to relevant authorities
• Take other actions as necessary to comply with law and protect users

20.4 Reporting Mechanisms

Users can report illegal content or Terms violations by:

• Email: help@forsyrup.com (subject line: "Content Report")
• In-App Reporting: [DESCRIBE IN-APP REPORTING MECHANISM IF AVAILABLE]

We will review reports and take appropriate action in accordance with our policies and applicable law.

20.5 Right to Challenge Decisions

If you disagree with a moderation decision, you have the right to challenge it. See Section 20.6 for the challenge process.

20.6 Challenge Process

To challenge a moderation decision:

1. Submit a Challenge: Email us at help@forsyrup.com with "DSA Challenge" in the subject line, including:

• Description of the decision
• Reasons for your challenge
• Relevant evidence or documentation

1. Review: We will review your challenge and respond within a reasonable timeframe (typically within 14 days).

1. Appeal: If unsatisfied with our response, you may contact your national Digital Services Coordinator or seek other available remedies.

20.7 Recommender Systems

The App may use algorithms to recommend stores, offers, or loyalty programs. These recommendations are based on:

• Your location
• Your preferences and usage history
• Store availability and proximity
• Other factors as described in our Privacy Policy

You can adjust recommendation preferences through the App settings.

20.8 Advertising

If the App displays advertisements:

• Advertisements are clearly identified as such
• We provide information about why you see specific advertisements
• You can opt out of personalized advertising through your device settings

20.9 Transparency

We are committed to transparency about:

• Our content moderation policies and practices
• The criteria we use to make moderation decisions
• The number and types of moderation actions we take (as required by DSA)

20.10 DSA Contact Information

For DSA-related inquiries, please contact:

Email: help@forsyrup.com

Subject Line: "DSA Inquiry"

Company Address:

SOFTWARE AND SERVICES Sp. z o.o.

ul. Marsz. Józefa Piłsudskiego 74/45

50‑020 Wrocław

Poland

21. Final Acknowledgment

21.1 Complete Acceptance

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT.

21.2 Acknowledgment of Platform Status and Limitations

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• FORSYRUP IS AN INTERMEDIARY PLATFORM - We are an intermediary platform that facilitates connections between users and Stores. We are not a party to transactions between you and Stores.

• CAFE OWNERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS - If cafe owners or Stores do not act right, behave improperly, violate laws, breach agreements, cause harm, or engage in any wrongdoing, THAT IS ENTIRELY ON THEM, NOT ON FORSYRUP. We are not responsible for any actions, omissions, or conduct of cafe owners or Stores, except as required by applicable law.

• USE AT YOUR OWN RISK - You use the App entirely at your own risk. We provide the App "as is" without any warranties, guarantees, or assurances of any kind (except as required by applicable consumer protection laws).

• NO RELIANCE ON FORSYRUP - You are not relying on Forsyrup for any guarantees, warranties, or assurances regarding the quality, safety, legality, or reliability of Stores, their services, or their conduct.

• LIABILITY LIMITATIONS APPLY - Our liability is limited as set forth in Section 11. For Consumers, these limitations do not affect your statutory rights. For Business Users, broader limitations apply as set forth in Section 11.2.

• IF YOU DO NOT ACCEPT THIS, DO NOT USE THE APP - If you do not agree with these terms, you must not use the App. Your use of the App constitutes your acceptance of these terms.

21.3 Waiver of Claims

By using the App, you waive any and all claims against Forsyrup arising from:

• Your use of the App
• Your participation in loyalty programs
• Your interactions with Stores or cafe owners
• Any actions or conduct of Stores or cafe owners
• Any third-party services or content
• Any other matter related to the App

21.4 No Right to Complain

You acknowledge that by using the App, you have no right to complain to or hold Forsyrup responsible for:

• Any issues with Stores or cafe owners
• Any problems with loyalty programs
• Any disputes with third parties
• Any losses or damages you may incur
• Any other matter for which we have disclaimed responsibility

YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND YOUR ACKNOWLEDGMENT THAT FORSYRUP IS NOT RESPONSIBLE FOR ANYTHING. IF YOU DO NOT AGREE, DO NOT USE THE APP.

22. Contact Information

If you have questions about these Terms, please contact us at:

Email: help@forsyrup.com

Company Address:

SOFTWARE AND SERVICES Sp. z o.o.

ul. Marsz. Józefa Piłsudskiego 74/45

50‑020 Wrocław

Poland

Company Registration:

KRS: 0001095109

NIP: 8971935453

REGON: 528110814