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Terms and Conditions

  1. Identification Data

    1. FikUP is an application owned and operated by SC LOCAL PET HOST SRL, with its registered office in Romania, BRAȘOV county, BRAȘOV city, BRÂNDUȘELOR Street, No. 3, Building 2, Entrance A, Apartment 11, registered with the Trade Register under no. J08/1997/2023, Tax ID (CUI) 48487319, email: lets@fikup.ro, phone: +40733344343
  2. Definitions

    1. For the purposes of this document, the following terms are defined as follows:
      • FikUP – The application owned and operated by SC LOCAL PET HOST SRL, accessible online at https://fikup.ro, as well as any other associated domains or subdomains.
      • User – Any natural or legal person who accesses, creates an account, or uses the services offered through the FikUP application.
      • Client – The legal entity (e.g., restaurant, café, pub, etc.) that creates an account and uses FikUP services to manage digital menus.
      • Administrator – The person designated by the Client to manage the FikUP account and administer the information available in the application.
      • Visitor – A person who accesses public menus generated through FikUP (e.g., restaurant customers who scan the QR code).
      • Service – All facilities and functionalities made available through the FikUP application.
      • Account – The set of data associated with a legal or natural person that allows access to FikUP services.
      • Terms and Conditions – This document, which governs the relationship between the User and FikUP.
      • Personal Data – Any information relating to an identified or identifiable natural person, collected through the FikUP application.
      • Platform – The technical and software infrastructure through which FikUP services are provided.
  3. Purpose and Scope of the Application

    1. FikUP is a digital platform that provides services for creating, managing, and publishing digital menus for restaurants, cafés, pubs, fast-food establishments, and other businesses in the HoReCa industry. The application allows customers to access menus by scanning a QR code or accessing a unique link, as well as content management by authorized users (registered restaurants/businesses).
    2. The purpose of FikUP is to digitize the menu presentation experience, to facilitate rapid updating of offerings, display mandatory information (ingredients, allergens, nutritional values, additives, etc.) in accordance with applicable legislation, and to improve the interaction between venues and their customers.
    3. FikUP may provide end customers with additional functions, such as placing orders directly from the application (on-site or for pickup), access to personalized information about dishes, and other integrated functionalities.
    4. Important: FikUP does not perform deliveries to end customers and does not intermediate delivery services. Any delivery order is managed and fulfilled by the restaurant or its delivery partners, and FikUP bears no responsibility regarding delivery, delivery time, product condition, or other aspects related to this service.
    5. FikUP is exclusively aimed at businesses operating in the food service industry that wish to optimize the way they present and manage their menus.
  4. Acceptance of Terms

    1. Accessing, browsing, or using the FikUP application, as well as creating a user account, implies full and unconditional acceptance of these Terms and Conditions, the Privacy Policy, and any other policies applicable to the platform.
    2. If you do not agree with any of the provisions of this document, please do not use FikUP services. By continuing to use the platform, you declare that you have read, understood, and accepted these conditions.
    3. FikUP reserves the right to periodically modify the Terms and Conditions, with changes to be communicated through the platform or by email. Continued use of the application after modification of the terms constitutes acceptance thereof.
  5. Terms of Use

    1. The FikUP platform may be used by legal entities (restaurants, cafés, pubs, etc.) or natural persons aged at least 18 years, who accept this document and wish to use the services provided.
    2. Users undertake to provide real, accurate, and complete data when creating an account and using the service. Any attempt at fraud, provision of false information, or abusive use of the platform may result in suspension or deletion of the account, without prior notice.
    3. Users are directly responsible for the content published in the application (menus, product information, ingredients, allergens, additives, nutritional values, etc.) and for compliance with applicable legislation. FikUP does not verify, edit, or guarantee the accuracy of information entered by users.
    4. The following are prohibited:
      • Using the platform for illegal, offensive, fraudulent activities, or for unauthorized commercial purposes.
      • Uploading, publishing, or distributing content that infringes the intellectual property rights of other persons.
      • Using any automated tools to access or use the services (scripts, bots, scraping, etc.) without the explicit consent of FikUP.
      • Any action that could affect the proper functioning of the platform or the services offered.
    5. FikUP reserves the right to suspend, restrict, or block access of any user who does not comply with this document, without obligation to refund any amounts paid and without prior notice.
  6. Account Creation and Management

    1. By creating an account on the FikUP platform, the user confirms that they have read, understood, and automatically accepted the Terms and Conditions, as well as the FikUP Privacy Policy, available on the website.
    2. To access certain functionalities of the FikUP platform, it is necessary to create a user account, based on the identification data requested during the registration process.
    3. The user is responsible for maintaining the confidentiality of access data (username, password, etc.) and for any activity carried out through their account.
    4. If the user discovers or suspects any unauthorized access to their account, they are obligated to immediately notify the FikUP team at the contact address specified on the platform.
    5. FikUP reserves the right to suspend or delete any account in case of non-compliance with this document, fraudulent use, or provision of false information, without prior notice and without refunding any amounts paid.
    6. Users may request the deletion of their account at any time by submitting a request to the contact email address. Deletion of the account may result in the permanent loss of all data associated with the respective account.
  7. Description of Services Offered

    1. FikUP provides users with a digital platform for creating, managing, and publishing digital menus, with easy access for customers by scanning the QR code or accessing a unique link.
    2. Among the main functionalities of FikUP are:
      • Creating and editing digital menus;
      • Generating customized QR codes for accessing menus;
      • Displaying detailed product information: ingredients, allergens, additives, nutritional values, etc.;
      • The option to place orders on-site or for pickup (where this module is implemented);
      • Rapid menu updates by authorized users;
      • Menu export and printing (where applicable);
      • Technical support via email or other available channels.
    3. FikUP may also offer additional functionalities, communicated periodically on the platform or within the packages purchased by the user.
    4. FikUP does not guarantee uninterrupted service availability and cannot be held liable for any malfunctions, interruptions, delays, or technical errors occurring independently of the operator's will.
    5. FikUP does not provide delivery services and does not intermediate the commercial relationship between restaurants and end customers, all such aspects being the exclusive responsibility of the business using the platform.
    6. Users are solely responsible for the content of published menus, for the accuracy and timeliness of information, and for compliance with applicable legislation regarding consumer information.
  8. Payment and Billing

    1. Access to certain functionalities of the FikUP platform is provided on a monthly or annual subscription basis, according to the pricing plans displayed on the official website or communicated directly by the FikUP team.
    2. Subscription payment is made in advance, through the payment methods available on the platform (bank transfer, card, etc.), and the fiscal invoice is automatically issued and sent to the email address indicated by the user in their account.
    3. In case of non-payment of the subscription when due, FikUP reserves the right to temporarily or permanently suspend access to the platform, without prior notice and without refunding amounts already paid.
    4. The user is responsible for the accuracy of the billing data entered and for keeping it up to date.
    5. Refund policy:
      • Amounts paid are non-refundable, except in cases expressly provided by applicable legislation or exceptional situations analyzed individually by the FikUP team.
      • Any refund request will be analyzed on a case-by-case basis and, if approved, the refund will be made through the payment method originally used.
    6. FikUP may modify fees and/or subscription structure at any time, with prior notification of users, with changes only applying to future billing periods.
    7. In case of contract termination or account deletion for any reason, the user is not entitled to partial or full restitution of amounts paid for the remaining unused period.
  9. Rights and Obligations of the Parties

    1. User rights and obligations:
      • To use FikUP services in accordance with this document and applicable legislation;
      • To ensure the accuracy, timeliness, and legality of information entered on the platform (menus, ingredients, allergens, etc.);
      • To maintain the confidentiality of access data and be responsible for any unauthorized use of the account;
      • To pay all financial obligations to FikUP on time;
      • Not to use the platform for illegal, fraudulent purposes, or in ways that could harm FikUP or other users;
      • To immediately notify FikUP in case of suspicion regarding unauthorized access to the account or other security issues.
    2. FikUP rights and obligations:
      • To ensure the operation, maintenance, and development of the platform within technical and legal limits;
      • To inform users about changes to services, fees, or this document;
      • To suspend or restrict access to the service in case of violation of these terms or in security situations;
      • To protect personal data in accordance with the privacy policy and applicable legislation;
      • Not to be held responsible for content published by users or for damages caused by incorrect or illegal use of the platform by them;
      • Not to be held responsible for any interruptions, errors, or data losses caused by external factors, maintenance, or technical issues independent of FikUP's will;
      • To process payments and issue invoices according to the data provided by users.
    3. FikUP is not responsible for order delivery, product quality, response times, or other aspects related to the commercial activity of restaurants/businesses using the platform.
  10. Confidentiality and Data Protection

    1. FikUP collects and processes users' personal data in accordance with the provisions of Regulation (EU) 2016/679 (GDPR), applicable national legislation, and the platform's Privacy Policy.
    2. Collected data is used exclusively for providing FikUP services, for fulfilling contractual and legal obligations, and for improving users' experience on the platform.
    3. The user has the right of access, rectification, erasure, restriction of processing, and portability of personal data, in accordance with applicable legislation. To exercise these rights, the user may submit a request to the contact address mentioned on the platform.
    4. FikUP will not transmit personal data to third parties except in cases provided by law or for the purpose of providing contracted services (e.g., payment processors, IT service providers, public authorities).
    5. To improve services and user experience, FikUP may use functional, analytical, and marketing cookies, in accordance with the platform's Cookie Policy. The user may manage cookie preferences through the platform.
    6. FikUP may send newsletter-type communications or marketing notifications only with the express consent of the user, in accordance with applicable legislation. The user has the right to unsubscribe from such communications at any time, using the dedicated option in each message or by sending a request to the contact address.
    7. For complete information on personal data processing and cookie usage, users are invited to consult the Privacy Policy and Cookie Policy available at the specific links.
    8. Use of the platform implies acceptance of the privacy policy and cookie policy.
  11. Intellectual Property

    1. All intellectual property rights over the FikUP platform, including source code, design, graphical interface, logo, databases, texts, images, promotional materials, and any other content generated or used by FikUP belong exclusively to SC LOCAL PET HOST SRL or, as applicable, to contractual partners.
    2. Users do not have the right to reproduce, copy, distribute, sell, lease, modify, transmit, or use in any other way, in whole or in part, the FikUP platform or any element belonging to the intellectual property without the prior written consent of the rights holder.
    3. Any violation of intellectual property rights may result in civil and/or criminal liability under applicable legislation.
    4. Content published by users (menus, product names, photographs, etc.) remains their property, but users grant FikUP a non-exclusive, free, and geographically unlimited license to use, publish, display, or distribute this content for the purpose of operating and promoting the platform.
    5. Users guarantee that they hold all necessary rights for the content uploaded to the platform and that it does not infringe the rights of third parties.
  12. Limitation of Liability

    1. FikUP makes all efforts to ensure the correct and continuous operation of the platform, but does not guarantee uninterrupted, error-free access or the absence of external factors (technical problems, maintenance, cyberattacks, etc.).
    2. FikUP is not responsible for any data losses, temporary or permanent unavailability of services, delays, technical failures, operation errors, or other unforeseen situations arising independently of the operator's will.
    3. FikUP is not responsible for content entered by users (menus, product information, ingredients, allergens, additives, nutritional values, etc.), the accuracy, timeliness, or legality of such information being the exclusive responsibility of the users.
    4. FikUP is not responsible for direct or indirect, material or moral damages resulting from the use or inability to use the platform, from the actions of other users, or from any other reasons beyond the operator's control.
    5. FikUP is not responsible for product delivery, product quality, the commercial relationship between restaurants and their customers, or any other aspects related to the commercial activity of businesses using the platform.
    6. The user is solely responsible for how they use the platform and for compliance with all legal obligations regarding their activity.
  13. Suspension/Termination of Service

    1. FikUP reserves the right to temporarily or permanently suspend a user's access to the platform, at any time, in the following situations:
      • non-compliance with these Terms and Conditions;
      • provision of false or incomplete information;
      • fraudulent or abusive use of services;
      • non-payment of subscription or other financial obligations;
      • technical, security, or maintenance reasons;
      • at the request of competent authorities.
    2. Suspension or termination of access to the platform does not entail refund of amounts already paid for services rendered.
    3. The user may request termination of service and deletion of the account at any time, by submitting a written request to FikUP's contact address. Termination of service becomes effective within a maximum of 10 business days from confirmation of the request.
    4. Upon termination of service, all data associated with the account may be permanently and irreversibly deleted, with FikUP having no obligation to preserve or recover such data thereafter.
    5. FikUP may notify users regarding the suspension or termination of service, as applicable, by email or other available means.
    6. FikUP reserves the right to modify, temporarily or permanently interrupt, in whole or in part, the services offered, without any obligation to users, in case of objective circumstances preventing the continuation of activity.
  14. Modification of Terms

    1. FikUP reserves the right to modify this "Terms and Conditions" document at any time, without mandatory prior notification.
    2. Any modification of the terms will be published on the platform and/or communicated to users by email or other available means of notification.
    3. The new terms and conditions take effect from the date of publication on the platform or from another date explicitly mentioned in the notification.
    4. Continued use of the FikUP platform after the modifications take effect constitutes full acceptance of the new terms and conditions.
    5. If the user does not agree with the modifications, they have the right to cease using FikUP services and to request the deletion of their account, without being able to claim compensation or refunds for the remaining unused period.
  15. Applicable Law and Jurisdiction

    1. This "Terms and Conditions" document and any dispute arising in connection with the use of the FikUP platform are governed by the laws of Romania.
    2. Any dispute or disagreement arising from or in connection with these terms shall be resolved, as far as possible, amicably between the parties.
    3. If amicable resolution is not possible, disputes will be resolved by the competent courts of Romania, at the headquarters of FikUP (SC LOCAL PET HOST SRL, BRÂNDUȘELOR Street, No. 3, Building 2, Entrance A, Apartment 11, Brașov).
    4. Failure by FikUP to exercise any right provided in this document does not constitute a waiver of that right.
  16. Contact

    1. For any questions, suggestions, or complaints regarding FikUP services, this "Terms and Conditions" document, the Privacy Policy, or other platform policies, users may contact us at the following details:
      • Email address: lets@fikup.ro
      • Phone number: +40733344343
      • Postal address: BRÂNDUȘELOR Street, No. 3, Building 2, Entrance A, Apartment 11, Brașov, Romania
    2. The FikUP team will respond to requests as soon as possible, but no later than 30 days from receipt.
  17. Force Majeure

    1. FikUP shall not be held responsible for non-fulfillment of contractual obligations in cases where such non-fulfillment is due to force majeure events, including but not limited to: natural disasters, wars, acts of terrorism, strikes, pandemics, restrictive government regulations, internet infrastructure failures, or other events beyond FikUP's reasonable control.
    2. In the event of such occurrences, FikUP will make all reasonable efforts to minimize the impact on the services offered and will inform users about the existing situation and measures taken.
  18. Severability of Clauses

    1. If any provision of this document is declared null, invalid, or unenforceable by a competent court, the remaining provisions shall retain their validity and enforceability.
    2. The parties undertake to replace any clause declared null with a valid provision that most faithfully reflects the parties' original intent.
  19. Document Version

    1. This "Terms and Conditions" document was last updated on June 1, 2025.
    2. Users are encouraged to periodically check this page to ensure they are up to date with the most recent version of the terms and conditions.
    3. The history of modifications can be consulted upon request by contacting the FikUP team.

Document effective from June 1, 2025

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