These Terms & Conditions (the Terms) are an agreement between S25 Studio Pty Ltd (ABN 30 683 814 904), trading as Foogital, of Suite 1501, Level 15, 9–13 Castlereagh Street, Sydney NSW 2000, Australia (Foogital, we, us) and the business that creates a Foogital account (you). By creating an account, ticking the box to accept these Terms, or using the Services, you agree to them. If you accept on behalf of a business, you confirm you are authorised to bind it.

1. The Services

Foogital is a platform for restaurants and other hospitality businesses. It includes a dashboard to manage your brand, menus and opening hours; a website builder and hosting for your restaurant website; table bookings; and other modules we offer from time to time, such as QR ordering, payments, delivery, marketing tools, AI-assisted imports and a directory of food photographers (together, the Services). Some modules are marked “Coming soon” and are not part of the Services until we make them available.

The Services are for businesses. They are not intended for consumers acting for personal, family or household purposes.

2. Your account

  • Give us accurate, current information about yourself and your business, and keep it up to date.
  • You are responsible for everything done through your account, including by team members you invite, and for keeping passwords and second factors secure.
  • Tell us straight away at hey@foogital.com if you think your account has been accessed without permission.
  • When you ask us for help, a member of our support team may sign in to your dashboard as you to investigate and fix the problem. These sessions are time-limited, and our team never accepts legal documents on your behalf during them.

3. Trial, plans and payment

  • New accounts may start with a free trial. When it ends, the paid parts of the Services stop until you subscribe.
  • Paid plans are a required base plan plus optional add-on modules, billed monthly in advance through our payment processor, Stripe. Prices are shown in the dashboard before you subscribe and exclude taxes unless stated.
  • Adding or removing an add-on is prorated onto your next invoice. You can cancel at any time in Settings → Billing; cancellation takes effect at the end of the current billing period and we do not refund partial periods, except where the law requires it.
  • If a payment fails, we may suspend paid features until it is made.
  • We may change prices with at least 30 days’ notice. A change applies from your next billing period after the notice ends.
  • Promotional codes are subject to the terms shown when they are issued and may be withdrawn.

4. Your content and the rights you need

“Your Content” is everything you or your team upload, enter or publish through the Services: text, menus, prices, photos, videos, music and audio, logos, fonts you upload, documents, and the information about your guests that the Services collect for you.

  • You keep ownership of Your Content. You grant Foogital a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt (for example resize, compress, translate or format), display and transmit Your Content, only as needed to provide, secure and improve the Services and to show your website and menus to the public.
  • You are responsible for having every right, licence and permission needed for Your Content — including copyright and licences for photographs, videos, music, fonts and text; trade mark rights in names and logos; and the consent of any person who appears in a photo or video. Uploading a font, image, logo, track or text does not mean we have checked that you may use it. Fonts chosen from the library we provide are licensed for use on your Foogital website only.
  • Your Content must be accurate and lawful, including menu descriptions, prices, allergen information and opening hours. You are responsible for complying with consumer, food labelling, liquor and advertising laws that apply to your business.
  • We may remove or disable Your Content that we reasonably believe infringes someone’s rights or breaks the law or these Terms, and we will tell you when we do unless we are not allowed to.

5. Generated legal pages and templates are not legal advice

The Services can generate content for your website, including a privacy policy, cookie notice, terms, imprint or other legal pages, and AI-assisted text such as descriptions, SEO metadata and translations. These are drafts and templates only. They are not legal advice, and Foogital is not a law firm.

  • They are built from the information you give us and general assumptions, and may not reflect your business, your location or the laws that apply to you.
  • You are responsible for reviewing, editing and approving them — ideally with your own legal adviser — before you publish or rely on them, and for keeping them up to date.
  • You remain solely responsible for your own compliance with privacy, consumer, accessibility, marketing and other laws, including how you collect and use your guests’ information.
  • To the extent permitted by law, Foogital is not liable for any loss arising from your use of, or reliance on, generated legal pages, templates or AI-generated content.

6. Your guests’ personal information

When your website collects information from your guests — bookings, contact form messages, orders, visitor statistics — you are the controller of that information and Foogital processes it on your behalf. Our Data Processing Agreement (the DPA) forms part of these Terms and applies to that processing. Our Privacy Policy explains how we handle the personal information we collect for our own purposes, such as your account details.

7. Acceptable use

You must not use the Services to:

  • break any law, or infringe anyone’s intellectual property, privacy or other rights;
  • publish content that is misleading, defamatory, hateful, obscene or harmful;
  • send spam or unsolicited marketing, or collect guests’ data without a lawful basis;
  • upload malware, probe or overload our systems, or get around usage limits, AI allowances or security controls;
  • resell or white-label the Services without our written agreement.

8. Third-party services

Some features rely on third parties — for example Stripe for payments, Google for maps, places, translation and AI, and the domain registrar you use for your own domain. Your use of those features may also be subject to their terms. We are not responsible for third-party services we do not control, but we choose our providers carefully and list those that process personal information in the DPA.

9. AI features

AI features (such as importing a menu from photos or writing website copy) produce suggestions that can be wrong. Check AI output before you publish it — especially prices, allergens and dietary information. Each AI feature has a usage allowance shown in the dashboard. We use paid AI services whose providers do not use your inputs to train their models.

10. Our intellectual property

We own the Services, including the software, templates, designs and documentation. We grant you a non-exclusive, non-transferable right to use them during your subscription for your business. Your website’s design built from our templates may be used only while hosted on Foogital. Feedback you give us may be used without obligation to you.

11. Availability and changes

We aim to keep the Services available and secure, but we do not promise they will be uninterrupted or error-free. We may change, add or remove features. If a change materially reduces a paid feature you rely on, we will give you reasonable notice and you may cancel.

12. Suspension and termination

  • You may close your account at any time in Settings → Account.
  • We may suspend or close your account if you materially breach these Terms and do not fix the breach within 14 days of notice, immediately if the breach cannot be fixed or puts others at risk, or if required by law.
  • After closure, your website goes offline. You may ask us for a copy of Your Content within 30 days, after which we delete it as described in the DPA and Privacy Policy, except what we must keep by law.

13. Liability

Nothing in these Terms excludes rights you have under the Australian Consumer Law or other laws that cannot be excluded. Where our liability for failing to comply with a consumer guarantee can be limited, it is limited to supplying the Services again or paying the cost of having them supplied again.

To the extent permitted by law: (a) we are not liable for indirect or consequential loss, or for loss of profits, revenue, bookings, data or goodwill; and (b) our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid us in that period.

14. Indemnity

You indemnify Foogital, its officers, employees and contractors against all claims, losses, damages, penalties and reasonable costs (including legal costs) arising from: (a) Your Content, including any claim that it infringes someone’s copyright, trade mark, font licence, privacy or other rights; (b) your breach of these Terms or the law; and (c) your dealings with your guests, including your use of their personal information. This does not apply to the extent a loss was caused by our own breach or negligence.

15. Changes to these Terms

We may update these Terms, the Privacy Policy and the DPA. We will publish the new version with its effective date and a summary of what changed, and ask you to accept it in the dashboard. If you do not accept a new version, you may cancel your subscription before it takes effect.

16. General

  • These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts. If you are in the EU or UK, this does not deprive you of protections that cannot be excluded under your local law.
  • The Terms, the DPA and any order details shown in the dashboard are the entire agreement between us about the Services.
  • If part of these Terms is unenforceable, the rest continues. Not enforcing a right is not a waiver of it.
  • You may not assign these Terms without our consent. We may assign them to a successor of our business, with notice to you.
  • Notices to you are sent to your account email; notices to us go to hey@foogital.com.