Welcome to TastyFood! These Terms of Service (“Terms”) govern your access to and use of TastyFood, including our website, software-as-a-service (SaaS) platform, and all related services (collectively, the “Services”). By creating a TastyFood account or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Services.

As used in these Terms, “we,” “us,” “our,” and “TastyFood” refer to Small Factory Marketing Inc., and “you” refers to the individual using the Services (if registering as an individual) or the business employing the individual user (if registering as a business), as well as any of its affiliates.

If you have any questions about these Terms, please contact us at support@tastyfood.co. Be sure to occasionally check back for updates to these Terms.

1. The TastyFood Service

1.1 Description of Services

TastyFood is a menu optimization platform that enables restaurants, food operators, and hospitality businesses to create, manage, and launch video-powered menus. By integrating cutting-edge video technology, TastyFood transforms static menus into dynamic, visually immersive experiences that showcase the artistry and detail of every menu item.

Our Services are specifically designed to help:

• Boost Engagement: Video-powered menus immerse diners in a visually compelling experience, helping them make confident and satisfying choices.
• Streamline Operations: Simplify menu design and updates with a user-friendly, all-in-one platform that makes day-to-day tasks more efficient.
• Drive Revenue Growth: Increase order accuracy, reduce waste, and encourage higher-value orders to maximize profitability.
• Elevate Customer Experiences: Businesses can highlight the craftsmanship, culture, and story behind their offerings, creating memorable dining experiences.

With TastyFood, restaurants can differentiate themselves in a competitive market while building deeper connections with diners.

1.2 Access to Services

By using the TastyFood platform, you gain access to tools and technologies that enhance your menu management, strengthen customer engagement, and enable you to present your brand authentically and effectively.

1.3 Social Scheduler

TastyFood includes a Social Scheduler feature that enables you to connect third-party social media accounts (e.g., Instagram, Facebook, X, etc.) and schedule posts directly from the platform. This tool is designed to help businesses streamline their content publishing process and engage with audiences across multiple channels.

By using the Social Scheduler, you authorize TastyFood to act on your behalf to:

• Access and manage your connected social accounts via secure, token-based authentication,
• Queue and publish scheduled posts, including any images, videos, or text you provide, and
• Retrieve engagement data and posting statuses when available from third-party APIs.

You are solely responsible for the content scheduled and published using this feature. You agree that such content complies with applicable laws and the terms of the third-party platforms you connect. TastyFood is not liable for delays, failed posts, or policy enforcement actions by third-party services that impact your content or scheduling.

You may disconnect a linked social account at any time via your account settings. Upon disconnection, TastyFood will no longer attempt to access or post to that account and will delete related tokens within a reasonable period

2. Account Terms

2.1 Eligibility

To register for and use TastyFood, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Register using your full legal name, a valid email address, and any other required information.

By creating an account, you confirm that you are using the Services for business purposes and not for personal, household, or family use.

2.2 Responsibilities

• Primary Email Address: You are responsible for providing an accurate, active email address that you monitor regularly.
• Password Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity on your account.
• Technical Support: Technical support is only provided to TastyFood users.

2.3 Prohibited Activities

You agree not to:

• Reproduce, duplicate, or exploit any part of the Services without express written permission.
• Circumvent technical limitations or reverse engineer the Services.
• Use automated tools (e.g., robots or scrapers) to access or monitor the Services.

3. Account Activation

3.1 Business Owner

The individual or business entity that registers the account will be the “Business Owner” and is responsible for:

• The account and all activity conducted under it.
• Ensuring compliance with these Terms by employees, agents, or subcontractors who access the account.

3.2 Staff Accounts

Business Owners may create additional staff accounts with defined levels of access. The Business Owner is liable for all actions taken by users under staff accounts.

3.3 Payment Processor (Stripe)

Upon signing up, TastyFood will create a Stripe account on your behalf. You agree to:

• Activate and maintain your payment account.
• Comply with the Stripe Customer Agreement, which governs your use of Stripe.

4. Payment of Fees and Taxes

4.1 Fees

• Subscription Fees: Paid in advance and billed every 30 days.
• Transaction Fees and Additional Fees: Charged as incurred.

4.2 Payment Obligations

• A valid payment method must remain on file.
• If payment fails, we may suspend or terminate your account after 28 days of non-payment.

4.3 Taxes

You are responsible for any applicable taxes. TastyFood may collect and remit taxes as required by law.

4.4 No Refunds

All payments are non-refundable, except in cases of billing errors or technical failures attributable to TastyFood.

5. User Content and Intellectual Property

5.1 Your Materials

You retain ownership of all content you upload to the TastyFood platform, including but not limited to videos, images, and other media used to showcase your culinary offerings. However, by submitting this content, you grant TastyFood a non-exclusive, royalty-free, worldwide license to:

• Host, use, reproduce, modify, distribute, and display your content on our platform.
• Use your content to promote and operate the Services, including marketing efforts aimed at demonstrating the value of TastyFood's video-powered menu technology.

You represent and warrant that you own all rights to the content you upload or that you have obtained all necessary permissions to grant TastyFood the above license. You further acknowledge that TastyFood is not responsible for verifying the ownership or accuracy of your content.

5.2 TastyFood Intellectual Property

All technology, trademarks, software, and materials provided by TastyFood remain the exclusive property of TastyFood. You may not use TastyFood’s intellectual property without prior written consent.

6. Privacy and Data Protection

TastyFood is committed to protecting the privacy of your personal information and the personal information of your diners. By using our Services, you acknowledge and agree that:

• We may collect and analyze data related to how diners interact with video-powered menus to improve the user experience, develop new features, and enhance platform functionality.
• We may aggregate anonymized data for research purposes, helping us identify trends and insights that benefit the broader restaurant industry.
• We do not sell personally identifiable information to third parties.

Upon termination of your account, TastyFood may retain certain data for legal, tax, or compliance purposes. Users may request data deletion by contacting support@tastyfood.co, subject to applicable data retention policies.

For more information on how we collect, use, and protect personal data, please refer to our Privacy Policy.

7. Limitation of Liability and Indemnification

7.1 Limitation of Liability

TastyFood is not liable for:

• Errors or inaccuracies in video content uploaded by users.
• Issues arising from third-party video hosting platforms.
• Indirect, incidental, or consequential damages resulting from the use of the Services.

7.2 Indemnification

You agree to indemnify, defend, and hold TastyFood, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services, including but not limited to any reliance on video-powered menus, analytics, or recommendations provided by TastyFood.
• Any business decisions, losses, or failures resulting from your use of the Services, including but not limited to financial losses, operational disruptions, customer dissatisfaction, or loss of revenue.
• Your violation of these Terms or any applicable laws, regulations, or third-party rights.
• Any content, data, or materials you upload, including but not limited to claims of intellectual property infringement, false advertising, or misleading representations.
• Any disputes between you and your customers, business partners, employees, or other third parties related to your use of the Services.

TastyFood is not responsible for the success, profitability, or performance of your business. We provide tools and technologies to enhance menu presentation, but all business decisions, operational outcomes, and financial results are solely your responsibility.

TastyFood reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense, and you agree to cooperate in our defense of such claims. This indemnification obligation survives the termination or expiration of these Terms.

8. Third-Party Services

TastyFood may integrate with or provide access to third-party tools and services (e.g., video hosting platforms, analytics software, or payment processors). By using these third-party services, you acknowledge and agree that:

• TastyFood is not responsible for the availability, security, or performance of these services.
• Any data shared with third-party providers is subject to their respective privacy policies and terms of service.
• Integrations with video hosting and analytics platforms may enhance your use of video-powered menus but are used at your own discretion.

9. Modifications

9.1 Changes to Services and Features

TastyFood is a dynamic platform that evolves to meet the needs of restaurants, food operators, and hospitality businesses and their customers. We reserve the right to modify, enhance, discontinue, or replace any part of our Services, including introducing new features, tools, and technologies.

9.2 Introduction of New Features

When new features or services are introduced, they will be made available to all users as part of the evolving TastyFood platform. By continuing to use the platform after new features are implemented, you acknowledge and agree to any additional terms and conditions that apply to these features or services.

9.3 Acceptance of Changes

Your continued use of the Services after changes are communicated constitutes your acceptance of the modifications.

10. Enhancing the Dining Experience

While we strive to provide seamless technology to enhance every interaction, the ultimate responsibility for the accuracy and appeal of menu content lies with you, the Business Owner.

11. General Conditions

• Governing Law: Any disputes arising from these Terms will be resolved in the courts of British Columbia, Canada, unless otherwise required by applicable law.
• Entire Agreement: These Terms supersede any prior agreements between you and TastyFood.
• Severability: If any provision is deemed invalid, the remaining provisions remain enforceable.
• Assignment: You may not transfer these Terms without our written consent.

12. Force Majeure Clause

TastyFood shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, internet service provider failures, or government actions. If such a delay extends beyond 60 days, either party may terminate the agreement without penalty, provided all outstanding fees are settled.

13. Term and Termination

The term of these Terms of Service begins when you complete your registration and continues until terminated by either you or TastyFood (the "Term").

1. Termination by You

You may cancel your account and terminate these Terms of Service at any time by contacting TastyFood Support and following the specific instructions provided in our response.

2. Termination by TastyFood

We reserve the right to suspend or terminate your account or access to the Services at any time, for any reason, without prior notice (unless otherwise required by law). This includes, but is not limited to, cases where we suspect fraudulent activity or violations of these Terms. Termination does not waive any rights or obligations that arose before the termination date.

3. Effects of Termination

Upon termination of your account for any reason:

• You will no longer have access to the Services or your account.
• Any outstanding fees for your use of the Services up to the termination date will become immediately due and payable.
• Unless otherwise stated in these Terms, no refunds will be issued for any fees already paid.
• If you purchased a domain through TastyFood, automatic renewal will be disabled, and you will be responsible for managing the domain with the provider.

If there are any unpaid fees at the time of termination, you will receive a final invoice via email. Once the invoice is paid in full, no further charges will apply.

For any questions regarding account cancellation or termination, please contact TastyFood Support at support@tastyfood.co.

Contact Us

For any questions about these Terms, please contact us at support@tastyfood.co.