TERMS AND CONDITIONS OF USE OF THE FOWST PLATFORM

Effective Date: September 16, 2025

1) Owner, Services, and Acceptance

This website and software platform (the “Site” and “Services”) are owned and operated by Haim R&D doing business as (“Fowst,” “Fowst.com, Fowst.online, Fowst.ai” ,” “we,” “us,” “our”). Fowst provides restaurants and their customers with QR-based digital menus, administrative tools to manage products/prices/images, optional per-table ordering features, dashboards, and advertising placements. By accessing or using the Site/Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2) Eligibility & Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and have legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3) Subscriptions, Advertising, Pricing & Taxes

• By subscribing to Fowst plans or purchasing advertising, you enter a legally binding agreement when you complete checkout.
• Prices, features, and limits for plans and ads are shown on the Site and may change at any time (pricing corrections may be made for errors).
• Unless stated otherwise, subscriptions auto-renew for successive terms (monthly/quarterly/annual as selected) until canceled.
• You authorize Fowst and/or its payment processor (e.g., PayPal) to charge your selected payment method for recurring fees, applicable taxes, and transaction charges.
• You are responsible for all taxes related to your purchases, except taxes on Fowst’s net income.

4) Returns, Refunds & Cancellations

Fowst provides digital services. All sales are final once a subscription or advertising service is activated, except where required by applicable law.

• You may cancel auto-renewal at any time; cancellation takes effect at the end of the current paid term.
• If a Fowst-attributable technical error materially prevents use of the purchased service, we’ll provide support and may offer a proportional adjustment where required by law.

5) Customer Content & Responsibilities

Restaurant administrators control the content they publish (e.g., menu items, descriptions, prices, images, branding, ads). You represent and warrant that you own or have lawful rights to all content you upload and that your use of the Services complies with applicable laws (including consumer, pricing, advertising, data protection, and IP laws).

You must not upload or use content that is unlawful, misleading, defamatory, pornographic, incites violence, infringes third-party rights, or violates any policy we publish.

6) Acceptable Use

You agree not to: (i) attempt to breach or test the security of the Services; (ii) alter or obscure notices, copyrights, or trademarks; (iii) reverse engineer or circumvent technical protections; (iv) misuse per-table ordering or any API; (v) spam, scrape at scale, or interfere with normal operation.

7) Service Availability & Changes

The Services are provided “as is” and “as available.” We may modify, suspend, or discontinue any feature without prior notice, impose usage limits, or suspend/terminate access for violations of these Terms or the law. We will not be liable for internet/provider outages, third-party failures (e.g., payment gateways, hosting, storage), or maintenance windows.

8) Third-Party Services

Fowst may integrate with third parties (e.g., payment processors like PayPal, hosting, storage/CDN, analytics, messaging). Those services are governed by their own terms and privacy policies. We are not responsible for third-party acts or omissions. Your use of such integrations is at your own risk.

9) Intellectual Property

The Services, including software, designs, text, graphics, logos, images, and all related Intellectual Property Rights, are owned by Fowst or its licensors. No license is granted except as expressly provided. You may not copy, modify, distribute, create derivative works, or exploit any part of the Services without prior written consent.

10) Privacy

Your use of the Services is subject to our Privacy Policy (available on the Site). By using the Services, you consent to the collection and processing of information as described therein and as required to provide the Services (including use of third-party providers).

11) Suspension & Termination

We may suspend or terminate your account or access at any time with or without notice if we reasonably believe you violated these Terms, applicable laws, or our policies. You may discontinue use and request account cancellation at any time; cancelations of auto-renewing plans take effect at the term end.

12) Indemnification

You agree to indemnify, defend, and hold harmless Fowst and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your content; (ii) your use of the Services; (iii) your breach of these Terms or applicable law.

13) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOWST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO FOWST IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15) Changes to Terms

We may revise these Terms from time to time. Material changes will be posted on the Site (or communicated by email). Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

16) Communications & Marketing

You agree that we may send you transactional or administrative communications related to your account and Services. You may opt out of marketing messages at any time following the provided instructions.

17) Governing Law & Venue

These Terms are governed by the laws of Delaware, United States of America, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts of Delaware, United States, and you consent to their jurisdiction and venue.

18) General

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. No waiver of any provision is a continuing waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

19) Contact

For questions or notices, contact us at support@fowst.online.