Terms of use

1. What Foomy is

Foomy is a platform where a restaurant builds its menu and takes orders through its own app: on the customer's phone, through the table QR code, on a kiosk, on the kitchen screen and on the printer.

Some features exist only in Brazil: the iFood and 99 integration, tax invoice issuance and payments through Asaas, with Pix. Outside Brazil, Foomy offers the ordering app, the menu, the store link and QR code, the dashboard and payments through Stripe.

2. Your account

Use true information and keep it up to date.

You take care of your password and of who on your team has access. Whatever is done through your account is your responsibility. If you suspect misuse, change your password and contact us.

3. What the restaurant is responsible for

The restaurant is responsible for its menu, prices, photos, food quality and delivery, customer service, the tax documents and taxes of its country, and for following the laws that apply to its business.

In Brazil, the restaurant is responsible for the tax details it enters in Foomy: digital certificate, tax regime, product classification and invoice numbering.

Photos, logos and texts you upload must be yours or used with permission from whoever created them.

4. What Foomy does not do

In Brazil, Foomy only issues tax invoices when the restaurant turns this feature on, and each invoice is issued in the restaurant's name. Outside Brazil, Foomy does not issue tax invoices or receipts: the restaurant issues them through the system it already uses.

Foomy does not receive or hold the money from orders: payments go straight to the restaurant's account with the payment provider it chose.

Foomy is not a party to the sale between the restaurant and the customer.

5. Financial services in Brazil

The financial and payment services made available through this platform, including opening and maintaining a payment account, transaction processing, issuing bank slips, transfers, payments and other movements of funds, are provided by ASAAS GESTÃO FINANCEIRA INSTITUIÇÃO DE PAGAMENTOS S.A., a payment institution authorized to operate by the Central Bank of Brazil.

Foomy acts exclusively as a technology integrator and distributor of the product experience. It is not a financial or payment institution and does not carry out financial intermediation in its own name.

The customer acknowledges that the financial/payment relationship and the regulatory responsibility for the services described above lie with ASAAS GESTÃO FINANCEIRA S.A., under the regulations in force.

Payments made after an order has closed are automatically refunded to the customer from the store account's balance. Asaas's fee on that charge is not returned. Until the refund goes through, the amount is held and cannot be withdrawn.

Withdrawals can only go to an account in the company's own name.

6. Payments outside Brazil

Outside Brazil, online payments are processed by Stripe. The restaurant opens its own Stripe account, accepts Stripe's terms and receives payouts from Stripe directly into its bank account.

The fee on each sale is charged by Stripe and may vary from one country to another. Stripe only serves the countries on its own list.

Foomy is not a financial or payment institution and does not carry out financial intermediation in its own name.

7. What is not allowed

Selling illegal products, misleading customers, trying to access other accounts' data, attacking or overloading the system, or reselling Foomy without an agreement with us.

8. Plans and billing

The plan's price and conditions are shown before you subscribe and may vary from one country and currency to another. Price changes are announced in advance.

You can cancel at any time; the plan stays active until the end of the period already paid.

9. Availability

We work to keep Foomy always online, but there may be pauses for maintenance or because of failures in third-party services. We do not guarantee uninterrupted operation.

10. Closing an account

You can close your account at any time. We may suspend or close an account that breaks these terms.

After an account is closed, its data is handled as described in the Privacy policy.

11. Limitation of liability

To the extent the law allows, Foomy is not liable for lost profits or for problems in the relationship between a restaurant and its customers.

12. Changes to these terms

Before an important change, we let you know by email or in the dashboard.

13. Governing law

These terms are governed by Brazilian law. The courts of São Paulo - SP have jurisdiction, unless the law says otherwise.

If the law of your country grants rights that a contract cannot take away, those rights still apply.

14. Contact

Questions about these terms: contato@foomy.com.br.