Last Updated December 1st, 2021
AGREEMENT TO TERMS
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provision or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. TruckFood ApS, not Apple, is solely responsible for the licensed Application and content thereof.
The License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. TruckFood ApS acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. INTRODUCTION TO OUR SERVICES
PopAve (hereinafter: Application) is a piece of software created to help food truck vendors and street food customers find each other and facilitate an easier order management process -and customized for Apple mobile devices. It is used by street food customers to search for food trucks, see their menu, order and pay online, share reviews and earn discounts. In addition, food truck vendors are able to set up their menu, manage orders, and share their location. More detailed information can be found on www.foodooapp.dk
2. SCOPE OF LICENSE
2.1 You have a limited, non-transferable, non-exclusive, non-sublicensable license to install, and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will govern any updates of the Application provided by the Licensor that replace, repair and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with TruckFood ApS's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with the TruckFood ApS's prior written consent).
2.5 You may not copy (unless expressly authorized by this license and the Usage Rules) or alter the Application, or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, the user must comply with applicable third-party terms and conditions.
2.9 Licensor is entitled to transfer, in whole or in part, some or all of its rights and obligations under this to an affiliated company or legal successor or to a purchaser or acquirer of Licensor's assets relating to the Application without the User's prior consent.
3.1 The user is not entitled to transfer, in whole or in part, his rights or obligations under this.
3. FEES AND MODIFICATION OF FEES
Fees payable by You for access to and/or use of the Application will be determined solely by Licensor and will commence on the date we process Your order.
You agree not to register under a false name or use an invalid or unauthorized Payment
Method. Fees are inclusive of sales, use, value added tax (VAT) or equivalent, but exclusive of ad valorem, personal property and other taxes, which are the responsibility of User. Booking and transaction fees are due immediately upon completion of any transaction through the Application. We reserve the right to increase prices in subscription and fees and will notify You through electronic means at least a month in advance and will notify You through electronic means at least a month in advance. In the event we issue You an invoice for any other services, payment shall be due as agreed upon in writing by the parties. Unless otherwise stated, You will pay all such invoices in full within 30 days of receipt. If full payment is not made, You may be charged up to the maximum legal interest on any unpaid balance.
All transactions are saved for 5 years, from their time of transfer, due to tax related requirements.
4. THIRD PARTY PAYMENT MANAGEMENT
4.1 You acknowledge that the Licensor uses third-party software and a third-party
payment processor ("Processor") to manage the payment process. The current Processor is
Stripe, Inc. ("Stripe"). The processing and settlement of transactions through the Application are carried out by the Processor under a separate Stripe Connected Account Agreement
[Link: https://stripe.com/connect-account/legal], Financial Services Agreement, Stripe
Services Agreement, and various other terms and conditions required by Processor
(collectively, and together with the equivalent terms and conditions of any other Processor used by Licensor, the "Processor Terms").
4.2 By agreeing to these Terms and using the Application you are agreeing to the creation of an account with the Processor for payment processing through the Application. You are also
accepting and agreeing to be bound by the Processor Terms, which constitute an agreement
between you and the Processor. Licensor is not a party to the Processor Terms and is not liable to you in respect thereof. You acknowledge that the Processor may require certain information from you to facilitate payment processing, including but not limited to personal identifying information and financial information, such as social security numbers (or some portion thereof), names, employer identification and/or tax identification numbers, as well as supporting documentation. You also agree to defend, indemnify, and hold Licensor harmless from any injury, damages, claims, judgments, awards, liabilities, or other loss or expense suffered that relate or are in any way connected with the Processor.
We reserve the right to change the Processor at its sole discretion.
5. ORDER MANAGEMENT
You will be notified when your order is being prepared and when your order is ready for pick-up, which must be collected at Food Truck Partner’s point of sale, which is agreed upon in connection with ordering through the Application. Food Truck Partner and Licensor determines the conditions for Your identification when picking up the order. Food Truck Partner is obligated to keep order for 60 minutes after You have been electronically notified of pick-up. This obligation is limited to the opening hours of Food Truck Partner’s point of sale, and the Order must be picked up before Partner’s point of sale closes. Any communicated pick-up time is an expected time only, and there’s no guarantee that Order will be ready at the originally communicated expected time.
6. SERVICES AND CONTENT USAGE RULES
6.1 The application is only available to persons 18 years of age or older, or who fulfill the minimum legal age requirement in their country of residence.
6.2 You must comply with all applicable rules and regulations when using the Application, including when purchasing alcohol and tobacco. The rules governing the purchase of alcohol and tobacco are of the country where You are located and Order may be rejected if country rules are not met. Example, the use of age identification.
6.3 The application is developed on an ongoing basis, and we may completely or partially remove various parts of the Application, including features, products, and the Partners available on the Application.
6.4 When you use the Application, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not normally review content provided by End-Users, Partners and third parties. We are not responsible for the content or information of any third party (including the Partners) or for any damages that may arise as a result of its use or reliance on it.
6.5 You declare and warrant that (i) You are not in a country that is subject to blockade by the US State or that the US State has declared as a country that "supports terrorism", and (ii) that You are not listed on any of the US State's lists of prohibited or restricted parties.
6.6 We may send information, news and offers regarding the Application based on the customer relationship between you and the Application. In other situations, we will not send you direct marketing without your express consent. You have the right to prevent us from using Your personal information for the purpose of direct marketing, market analysis and profiling for the purpose of direct marketing at any time by contacting us at one of the addresses listed under Product Claims.
7. Google Maps Platform APIs
8. TECHNICAL REQUIREMENTS
8.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
8.2 Licensor will attempt to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not allowed to claim such an update.
8.3 You acknowledge that you are responsible to confirm and determine that the device on which you intend to use the Application satisfies any technical specifications mentioned above.
8.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
9. MAINTENANCE OR SUPPORT
9.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
9.2 TruckFood ApS and the END-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
10. USE OF DATA
11. USER GENERATED CONTRIBUTIONS
The Application may provide you with the opportunity to chat, contribute to, or participate in blogs, message boards, and other functionality, and may provide create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
12. CONTRIBUTION LICENSE
12.1 By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broad cast, retile, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or par), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicences of the forgoing. The use and distribution may occur in any media format and through any media channel.
12.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions.
12.3 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property right or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12.4 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
13.1 Licensor’s responsibility in the case of violation of obligations and tort is limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
13.2 Licensor takes no accountability or responsibility for any damage caused by a breach of duties according to the Scope of License of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the Application.
13.3 Licensor takes no responsibility for dissatisfying food experiences. It is up to the vendor to live up to and comply with the national health department requirements.
13.4 Licensor cannot be held responsible when an order is misplaced.
13.5 Licensor takes no responsibility for real-time deviations in location, opening hours, prices or availability of partners.
14.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
14.2 No warranty is provided for the Application that is not executable on the device, that has been modified without authorization, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or third parties, or if there are any other reasons outside of TruckFood ApS´s sphere of influence that affect the executability of the Application.
14.3 You are required to inspect the Application immediately after installing it and notify TruckFood ApS about issues discovered without delay by email provided in Product Claims below. The defect report will be taken into consideration and further investigated if it has been mailed within a period of (90) days after discovery.
14.4 If we confirm that the Application is defective, TruckFood ApS reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
14.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application fees will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to warranty.
14.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by the law apply for users who are consumers.
14. PRODUCT CLAIMS
TruckFood ApS and the End-User acknowledge that TruckFood ApS, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application of the End-User’s possession and/or use of that licensed Application, including but not limited to:
(i) Product liability claims
(ii) Any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) Claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
16. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact:
Kongens Lyngby - Denmark
The license is valid until terminated by TruckFood ApS or by You. Your rights under this license will terminate automatically and without notice from TruckFood ApS if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
18. THIRD-PARTY TERMS OF AGREEMENT AND BENEFICIARY
TruckFood ApS represents and warrants that the Application will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement”, Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
19. INTELLECTUAL PROPERTY RIGHTS
TruckFood ApS and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, TruckFood Aps, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
20. APPLICABLE LAW
These conditions are governed by and interpreted following the laws of Denmark and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. TruckFood ApS and Yourself both agree to submit to the non-exclusive jurisdiction of the courts of Denmark, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Denmark or in the EU country in which you reside.
21. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Without limiting any of the foregoing provisions, by using the Application, You hereby
consent to and agree to be bound by all the Terms and acknowledge that Your license is
consideration for Your consent and agreement. Your continued use of the Application
subsequent to any change in or amendment to these Terms shall constitute acquiescence,
agreement, and consent to any new or different terms.