Terms of Service

1. Who we are and who may sign up

1.1 Who we are. Foodium is the trade name of the service run by Baland Tech, SL (trade name in the Registry of Commerce: BALAND), an Andorran company with tax number (NRT) L-719554-L, entered in the Companies Register under no. 24479 and in the Registry of Commerce under no. 935312 B. Registered office: Carrer Prat de la Creu 83, 3r 5a, Edifici Prat de la Creu II, AD500 Andorra la Vella (Principality of Andorra). Email: contact@foodium.app. Phone: +376 686 378.

1.2 How to reach us. Help with the app and with payments: support@foodium.app. Legal matters, reviews of our decisions and notices of illegal content: contact@foodium.app. Personal data: privacy@foodium.app. Your invoices come from invoices@foodium.app. These details are always available in Foodium Ads Manager, in Profile › About, and at https://foodium.app/en/legal/terms.

1.3 Who may sign up. Foodium Ads Manager is for businesses only: companies, and sole traders acting for their trade, that run the venues they claim or are authorised by those who run them. It is not offered to consumers. The person who accepts these terms declares that they act for a business that they run or represent, and that they may bind it.

1.4 Your team. Your team members use Foodium Ads Manager for your business, under clause 8. They accept these terms for their own use of the app. Only the business is bound by the clauses on prices, payment and deleting the business profile (clauses 9 to 14 and 18).

2. Definitions

In these terms:

• "Foodium app" is our app for diners, where your ads appear.
• "Foodium Ads Manager" is our app for businesses, where you claim venues, keep their profiles and publish ads.
• "Diner" is a person who uses the Foodium app.
• "Venue" is the premises where your business serves its customers, listed in the Foodium app, that you have claimed in Foodium Ads Manager.
• "Venue profile" is one venue's public page in the Foodium app.
• "Discovery feed" is the feed of photos in the Foodium app in which diners discover venues.
• "Ad" is a photo of one of your venues that you or a team member has published to the discovery feed. It is billed per ad-day while it is live.
• "Live": an ad is live from the moment it is published until the midnight at which its pause takes effect or, where these terms say an ad comes down at once (clauses 6.3, 16 and 18), until that moment.
• "Ad-day" is one ad live for any part of one calendar day, Andorra time. One minute counts as the whole day. A day counts once per ad, however often the ad is paused and resumed.
• "Billable ad-day" is an ad-day outside your free days. Each costs €0.15.
• "Free days" are the days in clause 10, on which every ad is free.
• "Platform fee" is a flat €0.99 added once to each bill as part of the price of advertising on Foodium (clause 9).
• "Bill" is what you owe for one billing period: a calendar month with billable ad-days, or the part of a month up to and including the day you confirm the deletion of your business profile.
• "Invoice" is the tax document we issue for each bill (clause 11).
• "Charge" is one attempt to take money from one of your saved cards: the monthly charge, an automatic new attempt, "Pay now", or the final charge when you confirm the deletion of your business profile.
• "Open bill" is a bill not yet paid.
• "Ad account" is your business's billing relationship with us: one per owner, with the saved cards, the billing details, the bills and the invoices.
• "Owner" is the person whose sign-in holds the business profile and the ad account and who acts for the business. It is a role in the app, not ownership of the premises.
• "Team member" is a person the owner has added to the team, who works on the business's venues and ads in Foodium Ads Manager.
• "Sign-in" is the email address, Apple account or Google account a person signs in with.
• "Business profile" is the owner's or a team member's profile in Foodium Ads Manager.
• "Andorra time" is the official time in Andorra. Every day, midnight and date in these terms is in Andorra time.

3. Accepting these terms, versions and languages

3.1 How you sign up. You sign in to Foodium Ads Manager. Before you claim your first venue, the app shows you these terms, which you can read in full and download, and asks you to accept them with an "Accept" button. You then claim a venue and complete the setup of your business profile. Before you confirm each step, you can check and correct what you have entered. A team member accepts these terms in the same way before adding or publishing a first photo.

3.2 Our record and your copy. We record the version you accepted, when you accepted it and the sign-in you used. We confirm your acceptance on screen at once and, at the same time, email you a copy of the terms. The version you accepted and the current version stay available in Foodium Ads Manager, in Profile › Legal, and at https://foodium.app/en/legal/terms, where you can download them for as long as this contract lasts.

3.3 Languages. These terms are made in Catalan, which is the binding version. We also give them to you in Spanish, English and the other languages of Foodium Ads Manager; those versions are translations. If a translation differs from the Catalan text, the Catalan text applies.

4. The service, and what is free

4.1 What you can do. In Foodium Ads Manager you can claim the venues your business runs (clause 6); keep their venue profiles up to date, with details such as phone number, website, Instagram, most-ordered dishes and description; add up to 21 photos per venue; publish any of them as ads in the discovery feed of the Foodium app (clause 5); see statistics on your venues and ads, and summaries prepared with AI tools; and work with your team (clause 8).

4.2 What is free. Everything except ads: claiming venues, venue profiles, the photos on your venue profiles that are not running as ads, statistics, summaries, the automatic translation of your texts, and team access.

4.3 What you pay for. Only ads: billable ad-days and one platform fee on each bill (clauses 9 to 11). Nothing else is sold: there are no paid extras of any kind, support included (clause 20).

5. Paid placement and ranking

5.1 What an ad buys. Publishing a photo as an ad gives it extra visibility in the discovery feed of the Foodium app. Without filters, an ad is more likely to be shown early than the same photo would be without payment, and it can come first in a set of photos (5.3). With filters, a few of the matching ads go first in each set (5.4). Foodium does not guarantee any position, any number of views, saves or visits, or any other result.

5.2 Which diners can see an ad. An ad can be shown to diners browsing an area that includes the venue, and only if it matches the filters a diner has set (location or zone, opening hours, price level, kinds, categories, tags). The diner's own choices also count: an ad is not shown to a diner who has saved, hidden or reported it, or who has reported your venue, and a photo a diner swiped away comes back later, or not at all.

5.3 Without filters. The order of photos mixes chance with two main factors: whether a photo is an ad, and whether it is recent. Each makes a photo more likely to be shown early, by the same amount, and an ad that is also recent is the most likely of all. For an ad, recent means recently added in Foodium Ads Manager: publishing it again does not make it recent. An ad can come first in a set, and so can a recent photo nobody paid for.

5.4 With filters. Only photos that match the filters are shown, a set at a time. Matching ads can come earlier than other photos: a few of them go first in each set. Recency gives no extra weight in this mode, and the other photos follow in a random order.

5.5 In both modes. Where there are enough photos, two photos of the same venue are not shown one after the other, and photos a diner has swiped away come after the ones they have not swiped yet. Either rule can move an ad back a few positions. How close a venue is to the diner does not change the order.

5.6 Unpaid photos. Ads compete in the same discovery feed with photos nobody pays for, which Foodium adds itself and which can show any venue, including yours. The same rules apply to them, except the extra weight that paying gives (5.3, 5.4).

5.7 No marker on ads. Ads carry no marker on the photo saying that they are ads. Foodium explains to diners, in the Foodium app, that some photos are advertising and how photos are picked: in a photo's options, under "Why am I seeing this?", and in Profile › Legal › Paid photos. Foodium decides how ads are presented. You must not add words or images to an ad that present it as unpaid, or as chosen or endorsed by Foodium.

5.8 Why these rules. Ads get extra weight because that is what you pay for. Recent photos get the same weight so that the feed stays current. Venue variety and the diner's own choices count so that each set shows the diner something new, and with filters only a few ads lead each set so that they do not crowd out the photos the diner asked for. Chance does the rest, so that the feed does not always show the same photos in the same order.

5.9 Changes. Foodium may change these rules. It will tell you at least 15 days before a change takes effect, as set out in the clause "Other changes to these terms".

6. Claiming venues, disputes and the venue limit

6.1 Claiming. You may claim a venue that your business runs, or that it is authorised to act for by those who run it. When you claim it, you confirm this. We rely on your declaration and do not ask for documents when you claim, but we may ask for proof at any time. If you cannot give it, we may release the venue from your business profile (clause 17).

6.2 Disputes. If someone else has already claimed a venue your business runs, you can open a dispute in Foodium Ads Manager. We review each dispute, may ask both sides for proof, and tell both sides our decision and its reasons.

6.3 Releasing a venue or losing a dispute. You can release a venue at any time, at no cost. When you release a venue, or lose a dispute over it, its ads come down at once and that day is billed for each of them. Its photos no longer show in the discovery feed or on the venue profile, and you can no longer publish them; copies diners saved before stay in their saved photos (clause 7.7).

6.4 The venue limit. You can claim up to 3 venues without asking us. The limit counts active venues, venues in a grace period and venues under dispute. To claim more, tap "Ask us to add more venues" in Foodium Ads Manager. A person at Foodium checks the request and lifts the limit for your business if your business runs each extra venue, or is authorised to act for it, and you are keeping to these terms. If we refuse, we tell you why, and you can ask us to look at it again (clause 20).

6.5 Venue details. Keep your venues' details accurate and up to date. Some details come from other sources until you edit them; we do not guarantee that they are accurate.

7. Photos and texts: the rules, your rights and our licence

7.1 The rules. You may add photos of your own venues (their food, drinks, premises and team) and texts about them. Each photo and text must:

1. (a) show the venue it is added to, as it really is;
2. (b) not mislead diners, for example with dishes, prices, offers or features the venue does not have, or with a photo taken somewhere else;
3. (c) not be inappropriate: nothing sexual, violent, hateful or degrading;
4. (d) not break the law or anyone's rights, such as copyright, trade marks, image rights or privacy;
5. (e) show identifiable people only with the consent the law requires;
6. (f) carry no words or images that present an ad as unpaid, or as chosen or endorsed by Foodium (clause 5.7); and
7. (g) meet the advertising rules that apply to your business and to what it sells, such as the rules on alcohol. How an ad is identified as advertising is Foodium's decision, not yours (clause 5.7).

The reasons diners can give when they report a photo follow these rules: "misleading" points to (a) and (b), "not this venue" to (a) and "inappropriate" to (c) (clause 16).

7.2 No check before publishing. Your photos go live when you or a team member publish them; Foodium does not check them first. Your business is responsible for what you and your team members add.

7.3 Your warranty. For each photo and text you or your team add, you confirm that: (a) your business owns it, or holds a licence wide enough to give Foodium the licence in 7.5; (b) its author agrees to its use without a credit and to the changes of format in 7.5; (c) every identifiable person in the photo has given the consent the law requires; and (d) it keeps to 7.1.

7.4 Claims by others. If someone claims against Foodium because a photo or text you or your team added breaks 7.1 or 7.3, your business will pay the amounts Foodium must pay and its reasonable costs of defence. This applies only if we tell you about the claim promptly, let you take part in the defence and settle nothing without your agreement. It never covers loss caused by Foodium's own wilful misconduct, nor claims about how Foodium presents ads, including that ads carry no marker (clause 5.7).

7.5 Our licence. Your business keeps all its rights in its photos and texts. You give Foodium a non-exclusive, royalty-free licence to store and copy them; to change their format, by cropping them to fit the frame, resizing, compressing or converting them, without changing what they show; to translate your texts automatically into the languages of the apps; and to show them to the public in the Foodium app (in the discovery feed, on your venue profiles and in the photos diners save) and to you and your team in Foodium Ads Manager. The licence covers every country where the Foodium app is offered. Foodium may let its service providers (for hosting, storage, delivery and translation) use them, only to provide those services to Foodium.

7.6 Other channels. Foodium uses your photos and texts only in its apps. It does not use them in its own marketing, on its website or social media, or in advertising outside the apps, unless you agree to that separately.

7.7 How long the licence lasts. The licence lasts while the photo or text is on Foodium. After the photo or text is deleted, or its venue is released, or this contract ends, the licence continues only for: (a) copies already sent to diners' devices, until they drop out of the app in the ordinary course; (b) copies diners have saved, which stay in their saved photos for as long as they keep them, unless Foodium removed the photo or text under clause 16.2, 16.5 or 16.6; (c) backup copies, until they are deleted in the ordinary course, within 14 days; and (d) the copies we keep as evidence for reports, disputes and legal claims, for as long as we keep them for that purpose.

8. Team members

8.1 Adding a team. The owner can add team members to the business in Foodium Ads Manager, at no cost, and remove them at any time. A sign-in can belong to only one business, as its owner or as a team member.

8.2 What team members can do. Team members can edit venue details, add photos, publish and pause ads, and see each ad's cost and statistics. They never see the bills, the invoices, the billing details or the cards.

8.3 The publishing switch. The owner can turn publishing off for any team member ("Can publish ads", in Team). It stays on until the owner turns it off. A team member can always pause an ad.

8.4 Billing. Every ad a team member publishes is billed to the owner's cards, like the owner's own ads. If a team member cannot publish because of a billing matter, such as no saved card, an overdue bill or missing billing details, we tell the owner.

8.5 Responsibility. Your business answers to Foodium for what its team members do in Foodium Ads Manager as if the owner had done it, including every ad they publish and every photo they add. The owner makes sure that each team member may act for the business.

8.6 Leaving. A team member can leave the team, or delete their account, at any time; for the business, deleting the account is the same as leaving the team. The photos and ads they added stay with the business. Our day-by-day record of your ad-days keeps who published each ad; after a team member deletes their account, it keeps a code instead of their name, for as long as the record is kept (clause 18.5).

9. Prices and the platform fee

9.1 Price: €0.15 per active day per ad, plus a €0.99 platform fee on each bill.

9.2 Bills. You get one bill for each calendar month in which your ads ran after your free days. If you delete your business profile, that month's bill is brought forward to the day you confirm the deletion. Prices include IGI where it applies.

9.3 Venues outside Andorra. For a venue outside Andorra we charge no IGI: the same prices apply, the service is not subject to IGI, and your business accounts for any VAT due in the venue's country (reverse charge).

9.4 The platform fee. The platform fee is part of the price of advertising on Foodium. It is added once to each bill, however the bill is paid and however many attempts it takes. There is no platform fee for a month without billable ad-days, and paying by card costs nothing extra.

9.5 Example: one ad live every day of a 30-day month costs 30 × €0.15 + €0.99 = €5.49.

9.6 No spending limit. Each bill depends on how many ads you run and for how many days. Each venue can hold up to 21 photos, and any of them can run as an ad. You can follow this month's total in Foodium Ads Manager at any time, in Profile › Ads & billing. All prices and amounts are in euros (EUR).

10. Free days

10.1 When they run. Your free days start on the day you finish setting up your business profile in Foodium Ads Manager, after you claim your first venue. That first day is a bonus and is not counted: you then get 10 free days, until midnight at the end of the 10th calendar day after that day. The app shows the date they end.

10.2 What is free. During your free days every ad is free, at all your venues, however many ads you run, pause or resume. You do not need a card.

10.3 When they end. If a card is saved by the time your free days end, your ads keep running after them and each live ad is billed for each day from the next day. If no card is saved, all your ads pause when your free days end, and nothing is charged until you save a card and choose the ads to keep running.

10.4 Once per sign-in email. Free days are given once per sign-in email address, also if the business profile is deleted and created again.

11. Billing, your cards and invoices

11.1 The card payment agreement. To run ads after your free days you need billing details (your business's legal name, tax identification number and address) and a saved card. You save a card in Foodium Ads Manager, in Profile › Ads & billing, or on our website. When you save a card, you accept the card payment agreement, which is linked under the button you use to save it. That agreement forms part of these terms. The two say the same; if they ever differ, the card payment agreement applies, unless these terms are more favourable to you.

11.2 Your cards. We accept cards only. You can save several cards, as many as we allow. One of them is your main card, which we charge first: the first card you save, a card you pay with, or the card you choose as main. You enter each card on the secure payment page of our payment provider, MONEI; we receive only a reference that identifies it, its brand and, when we have them, its last four digits and its expiry date, never its full number. If your bank updates a card's details, we charge the updated card. You can remove a card at any time, except that while an amount is due you cannot remove your last card, or the last card we can still charge. If you remove your main card, the card you added most recently becomes your main card.

11.3 When you pay. Each bill is due on the day it is charged: the 1st of the month after the one it covers (the 2nd or the 3rd if a fault on our side stops that charge on the 1st; or, when we tell you the amount first, the 8th or a later day we give you), or the day the bill is brought forward because you confirm the deletion of your business profile. On that day we charge that bill and any open bill to your saved cards, as the card payment agreement sets out. We do not agree to payment in instalments or to later due dates; the 7 days in clause 13 do not change the due date.

11.4 Invoices. We issue the invoice on the 1st, whether or not the charge succeeds, or, for a deletion, on the day the final charge succeeds. If an invoice's details must first be completed or checked, we issue it later. Each invoice lists your venues, with the billable ad-days of each, and the platform fee. You agree to receive your invoices electronically, as PDFs in Foodium Ads Manager and by email. Each invoice is in Catalan and in your language. Only the owner can see invoices.

11.5 Refunds. Days your ads have already run are charged and are not refunded. If we have not kept to these terms, we refund the full amount of the charge concerned.

11.6 Your bank's rights. Nothing in these terms limits your rights with your bank or card issuer, including your right to dispute a charge.

11.7 Declined charges. Clause 13 says what happens when a charge is declined, including late-payment interest.

12. Pausing ads

12.1 Pausing. You can pause any ad at any time in Foodium Ads Manager. A paused ad stays live until midnight, and that day is billed. Until midnight you can tap "Keep running" to cancel the pause.

12.2 After midnight. The ad leaves the discovery feed at midnight. For a short time, a diner's app may still show it from photos it had already loaded; we do not bill those days.

12.3 On your venue profile. A paused photo stays on your venue profile, after your live ads, at no cost.

12.4 Running it again. To run a paused ad again, publish it again with "Republish"; it is billed from that day. You cannot republish while a bill is overdue (clause 13) or while Foodium has removed the photo (clause 16).

12.5 Pausing all ads. "Pause all ads", in Profile › Ads & billing, pauses every ad at all your venues: they stay live until midnight, and that day is billed. No later day is billed unless you run an ad again. Pausing does not delete your business profile (clause 18).

13. Declined charges, overdue bills and when we stop collecting

1. 1. The monthly charge goes to your main card first. If your main card cannot be charged or your bank declines it, we try your other saved cards that same morning, as the card payment agreement sets out. If the monthly charge is declined, or we cannot charge any of your cards, we tell you at once, in writing, by email and in the app; if a card other than your main card pays, we tell you which card could not be charged and which one paid.
2. 2. The bill stays due from the day of the charge. You then have 7 calendar days to pay: until midnight (Andorra time) at the end of the seventh day after the day they start. They start on the day none of your saved cards pays the monthly charge, the day we cannot charge any card of yours, or the day the monthly charge is due while a payment you started for those bills is still being confirmed, as the card payment agreement sets out. For a charge declined on March 1, that is the end of March 8. Your ads keep running during those days and are billed as usual.
3. 3. You can pay in the app or on our website, by card: with "Pay now" on your main card, or with a different card, which we then save and make your main card (we do not save it if that payment is declined, or when you already keep as many cards as we allow). The app and the website show the ways open to you, which depend on the reason your bank gave. We accept cards only.
4. 4. Where your bank's reason allows it, we may also try the charge again automatically on your main card, up to two more times within the 7 days. We never try again where the card networks' rules forbid it. Trying again never adds a fee: each bill carries one platform fee, however many times we try to charge it.
5. 5. If the bill is still unpaid when the 7 days end, it becomes overdue and all your ads pause at that midnight. While a bill is overdue you cannot publish or republish ads. You can still pause and edit ads, see your stats and your dashboard, and delete your business profile. Before your ads pause, we tell you by email and in the app why they will pause, the amount due and how to pay. If you think we are wrong, write to contact@foodium.app. Once you pay, you choose which ads to run again; none restarts by itself.
6. 6. At each later monthly charge, we add the open bill to it and charge it as point 1 says, but never to a card whose bank's reason forbids another attempt, until you save that card again. If your bank tells us that you have stopped payments to Foodium on a card we charge without you, we stop charging all your saved cards automatically until you save a card again: each bill then has its 7 days to pay, and you can pay it yourself at any time. Once you save a card again, we go back to charging your saved cards automatically for every bill that is due, including the bill your bank refused; we charge the card your bank refused only once you save that card again.
7. 7. If the balance is still unpaid on the third 1st after the declined charge (for example, a charge declined on March 1 and still unpaid on June 1), Foodium stops collecting the balance and will not charge it to a card on its own, but it is part of the final charge if you delete your business profile (clause 18.2); this is not a waiver — the amount remains due. We tell you by email and in the app. We may still claim it in other ways the law allows. To run ads again, save a card in the app. Once it is saved, you can publish again, unless another bill is unpaid.
8. 8. We may claim late-payment interest and reasonable collection costs on any overdue amount, as the law provides (Andorra's Llei 22/2013, on measures against late payment). We never add interest or collection costs to a card charge.
9. 9. If a payment you start yourself fails, such as "Pay now" or a payment with a different card, you can try again, where your bank's reason allows it, or use a different card. If your bank declines it on the day of a monthly charge, we do not charge that card again that day, and if none of your other saved cards pays, the 7 days in point 2 start that day. The final charge when you confirm the deletion of your business profile is covered by the clause on deleting your business profile.

14. Changes to the price, the platform fee or the charge day

1. 1. We may change the price per ad-day, the platform fee or the day of the month on which we charge your cards. A change always takes effect on the 1st of a month. We tell you by email, to the address you use to sign in, and in the app, at least 15 days before it takes effect. The notice gives the new terms and the date they take effect.
2. 2. A change applies only to ad-days from that date and to the bills for them. It never applies to earlier days. Publishing ads during the notice period does not bring the date forward.
3. 3. To keep your ads running under the new terms, accept them in the app before they take effect. Publishing or resuming an ad on or after that date also counts as accepting them. If you have not accepted them when they take effect, your ads pause at the start of that day, and nothing is charged under the new terms until you accept them.
4. 4. Until the change takes effect, you can pause all your ads (nothing is billed while they are paused) or delete your business profile, at no extra cost. You pay only for the days your ads have already run, at the price in force on those days.
5. 5. After a change to the card payment agreement that you have not yet accepted by saving a card, we email you the bill first and charge it no earlier than the 8th. We do the same before any charge that comes more than 6 months after both your previous charge and your newest saved card.
6. 6. If a law or a regulator requires a change sooner than 15 days, we tell you as early as we can. Points 2 to 5 still apply.

15. Other changes to these terms

15.1 What we may change. We may change these terms to follow changes in the law or in decisions of authorities, to change the service (for example, to add or withdraw features, or to change how the discovery feed picks photos), to keep the service safe, or to make the terms clearer. Clause 14 covers changes to the price, the platform fee and the charge day; if one notice changes both, clause 14 applies to those points and this clause to the rest.

15.2 Notice. We tell you by email, to the address you use to sign in, and in the app, at least 15 days before a change takes effect. The notice gives the changes and the date they take effect. If a change needs significant technical work on your side, we give you more time.

15.3 Accepting. To keep your ads running under the changed terms, accept them in the app before they take effect. Publishing a new ad during the notice period also counts as accepting them, and the changed terms then apply to you from that moment, unless we gave you more time under 15.2. Publishing or resuming an ad on or after the date they take effect also counts as accepting them. If you have not accepted them when they take effect, your ads pause at the start of that day, and you can publish again once you accept them.

15.4 Pausing or leaving instead. Until a change takes effect, you can pause all your ads (nothing is billed while they are paused), or delete your business profile and end this contract (clause 18), at no extra cost. You pay only for the days your ads have already run.

15.5 Nothing retroactive. A change never applies to days before it takes effect, unless it only benefits you or a law requires it.

15.6 Changes that only benefit you. A change that only benefits you, such as a new free feature, also comes with the notice in 15.2, but you do not need to accept it.

15.7 Urgent changes. We may make a change with less notice, telling you as early as we can, only when a law or an authority requires a change that cannot wait for the notice in 15.2, or when we must exceptionally deal with an unforeseen and imminent danger of fraud, malware, spam, data breaches or other cybersecurity risks to diners, businesses or the service.

16. Reported ads and removal by Foodium

16.1 Reports and notices. Diners can report a photo in the Foodium app, giving a reason: misleading, inappropriate, not this venue, or other. Anyone, with or without a Foodium account, can also send us a notice of illegal content about a photo or text on Foodium, by email to contact@foodium.app.

16.2 The automatic rule. One report never removes an ad automatically (a person at Foodium can act on a single report under 16.5). When 10 different Foodium accounts have reported the same ad, it is removed automatically, at once, without a person checking it first. Each account counts once per photo. When an ad is removed:

1. (a) it leaves the discovery feed;
2. (b) the photo is hidden from your venue profile and from diners' saved photos;
3. (c) in Foodium Ads Manager the photo shows "PAUSED · removed by Foodium", and you cannot publish it again until Foodium restores it; and
4. (d) the day of the removal is billed like any other ad-day; no later day is billed while the photo is removed.

16.3 What we tell you. When we remove a photo, we tell you by email and in the app, at the same time. The message says which photo we removed and where it no longer shows; whether the removal was automatic, after reports from 10 different accounts, or a decision by a person at Foodium, and on what it was based (the number of reports for each reason, a notice, or our own check); the rules relied on (this clause and clause 7.1) and, if we consider the photo or text illegal, the law concerned and why; for an ad, that the day of the removal is billed; and how to ask for a review. We never tell you who reported a photo, unless a law requires it or someone claims that the photo infringes their rights and you need their identity to answer the claim.

16.4 Asking for a review. You can ask for a review at any time, through the contact link on the photo or by email to contact@foodium.app, saying why you think the photo meets clause 7.1. A person at Foodium reviews every request and answers within 10 calendar days, with reasons. If we find that the photo meets clause 7.1, we restore it: it shows again on your venue profile and in diners' saved photos, and you can publish it again; it does not restart as an ad by itself. If we keep it removed, we tell you why. You can also go to the courts (clause 23).

16.5 One clear notice is enough. We do not wait for 10 reports when a report or a notice shows clearly that a photo or text is illegal or breaks clause 7.1(c), for example because it uses someone else's photo without permission or misleads diners about what your venue offers. We then tell you as in 16.3 and, straight after, remove or hide it, including from diners' saved photos; you can ask for a review as in 16.4. We tell the person who sent the notice that we received it, and what we decided.

16.6 Our own checks. We may also remove a photo or text that breaks clause 7.1 when we find it ourselves, including from diners' saved photos. We tell you as in 16.3, and you can ask for a review as in 16.4.

17. Restriction, suspension and ending the service

17.1 Grounds. We may restrict your use of the service (for example by pausing or removing ads, hiding photos, refusing to publish, refusing a claim or releasing a venue), or suspend or end it, in whole or in part, only on these grounds:

1. (a) a bill is overdue (clause 13);
2. (b) reports or a notice under clause 16;
3. (c) a photo or text breaks clause 7.1, or a confirmation in clause 7.3 is untrue;
4. (d) you or your team break someone else's rights;
5. (e) your business cannot show that it runs a venue it claimed, or is authorised to act for it, or it loses a dispute over the venue (clause 6);
6. (f) a law, a court or an authority requires it;
7. (g) fraud, misuse of the service, or a risk to its security;
8. (h) your business is not a business under clause 1.3, or information you gave us is false;
9. (i) you repeatedly break these terms; or
10. (j) you have not accepted changed terms by the date they take effect (clauses 14 and 15).

17.2 Statement of reasons. Each time, we tell you by email and in the app, before the step takes effect or at the latest when it does: what we did; the facts and the ground in these terms; whether we used automated means; and how to ask us to look at it again (clause 20). For an overdue bill, the notices in clause 13 are that statement; for changed terms you have not accepted, the notice of the change is.

17.3 Ending the whole service. If we decide to stop providing Foodium Ads Manager to your business altogether, we tell you why at least 30 days before. We may end it sooner, telling you why without undue delay, only where a law requires it, where an imperative legal reason allows it, or where you have repeatedly broken these terms. When the service ends, every ad comes down, and the days not yet billed are billed on the next 1st, as in clause 11.

17.4 Putting things right. You can explain the facts at contact@foodium.app; a person looks at every request. If we reverse a decision, we restore what we restricted without undue delay, including your access to your data.

18. Deleting your business profile

18.1 Only the owner can delete the business profile, which ends the ad account; you cannot end it in any other way, and Foodium may end the service only as clause 17 provides. You can delete the profile at any time in Foodium Ads Manager. A team member who deletes their account only leaves the team (clause 8). To stop new charges without deleting it, pause all your ads (clause 12): nothing is billed while they are paused.

18.2 Before you confirm, the app shows the amount of the final charge, what it covers and the card it will be charged to. When you confirm, we charge your main card once for: every unpaid bill, including a balance Foodium has stopped collecting (clause 13); and the billable ad-days not yet billed, up to and including the day you confirm, which counts as a full day, with one platform fee for each calendar month they fall in. Nothing is charged for deleting your business profile, or for any day after it. If nothing is due, nothing is charged. We send you by email the invoice of each month the final charge bills.

18.3 If the final charge fails, or no card can be charged, your business profile is not deleted and nothing changes: your ads, your team and your venues stay as they are. You can try again, pay with another card or add one, or contact support@foodium.app. When the final charge succeeds, or when nothing is due, every ad leaves the discovery feed at once, your team members lose access and your business profile is deleted.

18.4 When the deletion completes, your saved cards are removed. Your venues and their photos stay linked to you for the next 30 days: if you sign in again within those 30 days you get them back, but no ad restarts and you must save a card again before the next billable ad-day. After 30 days the venues are released and their photos are deleted within 90 days. Your sign-in is deleted too, unless you also use it for a diner profile in the Foodium app. The free days are not granted again to the same sign-in email (clause 10).

18.5 After the contract ends, we keep your invoices, the day-by-day record of your ad-days and your billing record for 6 years from the end of the year each one belongs to, as Andorran accounting law requires (Llei 30/2007, art. 7), and longer only while a claim or official procedure about them is open. We also keep, for 6 years, a coded marker made from your sign-in email, so that the free days are given only once (clause 10). We use these records for nothing else and then delete them. You will have no access to them in the app, so download your invoices before you delete; during those 6 years we send you a copy of any invoice you request at contact@foodium.app. Clause 7 covers copies of your photos already shown to diners. Our Privacy Policy explains how we handle personal data and your rights.

19. Data

19.1 Privacy. Our Privacy Policy, at https://foodium.app/en/legal/privacy and in the app, explains how we handle the personal data of the people who use our apps, including you and your team members, and their rights.

19.2 What we hold and why. We hold the details you and your team give us (your billing details, your venues' details, your photos and texts, your team), the record of your ads and ad-days, your bills and invoices, and the card details in clause 11.2. We also hold what diners do with your venues and ads in the Foodium app, such as views and taps. We use all this to provide and improve the service, to bill you, to keep the service safe and to meet our legal duties.

19.3 What you can see. In Foodium Ads Manager, you and your team can see statistics on your venues and ads, such as impressions, and each ad's cost; the owner can also see bills and invoices. Statistics are counted from diners' apps and can be incomplete. They are a guide only and are never used to bill you: your bills depend only on ad-days. You never see who a diner is. Statistics are aggregated, and we never tell you who reported a photo (clause 16.3).

19.4 Aggregated data. We may combine data about your venues with data about other venues, in figures that identify neither your business nor any diner, for example averages for an area. You can see such figures for the areas of your venues in Foodium Ads Manager.

19.5 Sharing. We share data about your business only with our service providers (for hosting, payments, email, AI tools, IP geolocation, search and internal operational alerting), which use it only to provide their services to us, and where a law, a court or an authority requires it. We do not sell it.

19.6 After the contract. Clause 18.5 says what we keep after the deletion of your business profile completes, for how long, and how you can get copies of your invoices.

20. Support, contact and reviews of our decisions

20.1 Support. There is no paid or priority support: every business gets the same support. For help with the app and with payments, write to support@foodium.app.

20.2 Our decisions. To ask us to look again at a decision about your business, your venues or your ads, such as a removal, a pause or a refusal, write to contact@foodium.app. A person reads every message, and we answer within 10 calendar days.

20.3 Point of contact. contact@foodium.app is also our point of contact for the users of our services under the EU Digital Services Act. Our phone number is +376 686 378.

21. Liability

21.1 What we promise. We provide the service with reasonable care and skill, and we show your live ads in the discovery feed under the rules in clause 5. We do not promise any position, any number of views, saves, visits or customers, or any revenue. We do not promise that the apps will always be available or free of errors.

21.2 Limits. Neither of us is liable to the other for indirect loss, such as lost profit, lost revenue, lost business or harm to reputation. Our total liability to your business is limited to the amounts your business paid us in the 12 months before the event that gave rise to the claim.

21.3 What is never limited. Clause 21.2 does not limit liability for wilful misconduct or gross negligence, your business's duty to pay its bills, its duties under clause 7.4, or anything else the law does not allow to be limited.

21.4 Events outside our control. Neither of us is liable for a failure caused by an event outside its reasonable control, such as a failure of the internet, of the app stores, or of cloud or payment providers, a power cut, a strike or an order of an authority. Ad-days are billed as our record shows them. If the Foodium app could not show any ad for a whole calendar day, because of such an event or a failure on our side, we refund that day for each ad on request; it does not count as a day your ads ran.

22. Notices and general clauses

22.1 Notices to you. We send notices to the email address you use to sign in and show them in Foodium Ads Manager. A notice by email counts as received when we send it, unless we learn that it was not delivered. Make sure you can receive email at that address.

22.2 Notices to us. Send notices to contact@foodium.app.

22.3 Transfer. We may transfer this contract to a company that takes over the Foodium service, telling you at least 15 days before; you may then delete your business profile at no extra cost. Your business may not transfer this contract without our written agreement.

22.4 The whole agreement. These terms, with the card payment agreement, are the whole agreement between us about Foodium Ads Manager.

22.5 Severability. If any part of these terms is found invalid, the rest stays in force.

22.6 No waiver. If we do not enforce a right at once, we do not give it up.

22.7 Place of the contract. This contract is concluded in Andorra la Vella.

23. Governing law and courts

23.1 Andorran law. Andorran law governs these terms and every claim about them. We choose it expressly, also for businesses established outside Andorra. This choice does not take away the protection of rules that apply whatever law is chosen, such as the EU rules on online intermediation services and on digital services.

23.2 Place of payment. Your business's payments are made and due in Andorra la Vella.

23.3 Courts. Claims by your business against Foodium go only to the courts of Andorra, with the Batllia d'Andorra at first instance. Foodium may bring claims against your business before the courts of Andorra or before the courts of the place where your business has its registered office or, for a sole trader, its main place of business.