SaaS Agreement

This agreement governs your subscription to the Devfood platform. It sits alongside our Terms & Conditions, Privacy Policy and Refund Policy; where this agreement and the general Terms differ on a subscription matter, this agreement applies.

In this agreement, "we" and "us" mean Future Stacks, the provider of the Devfood platform, and "you" means the business subscribing to it.

1. What you are subscribing to

A licence to use the Devfood platform for your own food and beverage business: the branded customer ordering experience, the restaurant application, the driver application and the admin dashboard, as described on this website at the time you subscribe. The licence is non-exclusive, non-transferable, and for the duration of your subscription.

You may use the platform to take orders for outlets you own or operate. You may not resell the platform, offer it to third parties as a service of your own, or represent it as software you have built, unless we have agreed that in writing.

2. Fees and billing

The Service is charged per location, per month, at the rates published on our pricing page and billed in advance. In US dollars that is 1–3 locations at $79, 4–9 locations at $69, 10+ locations at $59; prices in other markets are set for that market and published on the same page. The rate applies to your whole account, so adding a location that crosses a threshold moves every location to the lower rate at your next billing date.

Every location includes the same platform. There are no feature tiers — the number of locations changes the rate, not what you receive. Your native iOS and Android applications, and their publication to the app stores under your brand, are included in the subscription.

Setup included on annual plans: a one-time setup fee of $299 applies to monthly billing and is waived on annual prepay. Annual prepayment is charged for 10 months of a 12-month term. Optional add-ons are charged separately at the prices published on the pricing page. We charge no commission on your orders — your order volume does not change your platform fee.

Payment processing fees are charged by your payment processor under your own agreement with them, not by us. Taxes, where applicable, are your responsibility and are added to invoices where we are required to collect them.

We may change our prices. If we do, the change takes effect at your next renewal and we will tell you before that renewal, so you can decide whether to continue.

3. Your data is yours

Your menu, your orders, your customer records and everything else you or your customers put into the platform remain your data. We process it to provide the service to you, and for no other purpose. We do not sell it, and we do not market to your customers.

You can export your data from the admin dashboard while your subscription is active. The third parties that process data on your behalf are listed on our security page, and how personal data is handled is set out in the Privacy Policy.

4. Accounts with third parties

Payment processing, messaging and mapping services are contracted directly between you and those providers, in your name. Money from your sales settles from your processor to your bank without passing through an account of ours. Their terms apply to their services, and their fees are theirs.

5. Your responsibilities

• Keeping your staff account credentials confidential, and telling us promptly if one is compromised.
• The accuracy and legality of your menu, pricing, allergen information and any content you publish.
• Fulfilling the orders your customers place, and handling your own customer service.
• Complying with the laws that apply to your business, including food safety, consumer and tax law.
• Anything done under your account by your staff.

6. Support and availability

Support is provided by email during our working days, and by video for customers on the Premium Support add-on at the hours published on our pricing page.

We do not offer a contractual uptime guarantee or service-level credits. We say so here rather than leaving it to be discovered: if a formal service level is a requirement for your business, we are not currently able to meet it. Our security page lists everything else we deliberately do not claim.

We may take the platform down for maintenance. Where the work is planned, we will give you notice and choose a time that avoids peak service where we can.

7. Term, renewal and cancellation

Your subscription runs for the billing period you chose — monthly, or an annual term — and renews automatically for the same period unless you cancel before the renewal date. Cancelling stops future renewals; it does not retroactively refund the period you are in, except as set out in our Refund Policy.

Setup fees and add-ons are not refunded once the work has been carried out, because the work has been done. That includes the app-store publication of your native applications.

8. Suspension and termination

We may suspend or terminate your access if fees remain unpaid after we have asked for them, if the platform is used unlawfully or in a way that endangers other customers, or if you breach this agreement materially and do not put it right within a reasonable period after we tell you.

You may terminate at any time by cancelling your subscription. On termination, your access ends at the close of the period you have paid for.

9. What happens to your data when you leave

Export your data before your access ends — that is the reliable route, and it is available to you throughout your subscription. After termination we retain your data for a limited period so that an account can be reinstated if you change your mind, and then delete it. If you want it deleted sooner, ask us and we will do it.

Records we are required to keep for legal, tax or accounting reasons are retained for as long as the law requires.

10. Intellectual property

The platform, its software and its documentation remain ours. Your brand, your menu content and your customer data remain yours. Nothing in this agreement transfers ownership in either direction.

11. Liability

Nothing in this agreement limits liability that cannot lawfully be limited. Subject to that, neither party is liable for indirect or consequential loss, and our total liability in connection with the platform is limited to the fees you paid us in the twelve months before the claim arose.

We provide the platform with reasonable skill and care, but we do not warrant that it will be uninterrupted or error-free — see clause 6.

12. Changes to this agreement

We may update this agreement. Where a change is material we will tell you before it applies to you, and it takes effect at your next renewal so that continuing is a decision rather than a default.

13. Governing law

[To be confirmed] — the governing law and the courts with jurisdiction over this agreement are being settled with our advisers and will be stated here before this agreement is offered to customers. We would rather show this clause unfinished than name a jurisdiction we have not confirmed.

14. Contact

Questions about this agreement: contact@devfood.com. We answer contract questions in plain language, and we would much rather you asked before signing than after.