User Agreement

This User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “You”), and Devela Srls - providers of the TakeHome website located at takehome.menu (“TakeHome”), as well as related applications and services.

TakeHome provides software programs that enable Users to list food and drinks, through which they can sell them for the Consumers.

This Agreement begins when You accept it (either in registration or if you take over an account of someone else, and stays in effect until You or TakeHome terminate Your account. This Agreement is subject to Terms of Service for the TakeHome Site that are incorporated into this Agreement by reference and may be accessed through links in this Agreement and on www.takehome.menu In the event any terms provided in this Agreement conflict with the Terms of Service, the terms provided in this Agreement will govern. If You use the Software or Services to collect personal data from end users in the European Economic Area or Switzerland, the Data Processing Addendum supplements this Agreement. In the event any terms provided in this Agreement conflict with the Data Processing Addendum, the terms provided in the Data Processing Addendum will govern.

By accepting this Agreement and by using the Software and Services, You agree to be bound by the terms and conditions of this Agreement, and to all terms and conditions that are incorporated into this Agreement by reference. We may change the terms and conditions of this Agreement, and if you continue using the Software and Services after such changes you will also be bound by those amended terms and conditions.

You authorize TakeHome to process any and all of Your TakeHome account transactions initiated through the use of the password or passphrase that You establish through the TakeHome Site and You are solely responsible for maintaining the confidentiality of such password and/or passphrase.

TakeHome is not bound by this Agreement unless You meet the eligibility criteria for entering into this Agreement as set forth in Section 1 of this Agreement.

1. Eligibility Criteria

TakeHome’s Software and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the last sentence, the Software and Services are available to people that are 18 year old or more. If You are registering as a business entity, You represent that You have the authority to bind such entity to this Agreement. TakeHome may use techniques to confirm the accuracy of the information You provide to us. If for any reason, TakeHome, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement, terminate Your account, and refuse to provide the Software and Services under this Agreement to You. You further represent that You have not had a prior account terminated by TakeHome or been associated with a TakeHome account that was previously terminated.

2. TakeHome Software and Trademark Ownership and Licenses

2.1 Software Ownership

You acknowledge and agree that, as between You and TakeHome, all Software and any other content provided by TakeHome, and all worldwide intellectual property rights therein, are the exclusive property of TakeHome. All rights in and to the Software and Services not expressly granted to You in this Agreement are reserved by TakeHome.

3. Services

3.1 Services

Upon activation of Your account and subject to the payment of applicable fees and your compliance with this Agreement, TakeHome will provide You during the term of this Agreement with the hosting, support and other miscellaneous Services as provided on the Pricing page of the TakeHome Site and for the Software licensed to You under this Agreement. Your Account will be hosted on TakeHome Servers on which several merchants may share the resources and network capacity.

3.2 Changes in Services

TakeHome reserves the right to change, amend, and otherwise alter the Services without prior notice to You. You agree to receive administrative communications from TakeHome with regard to the Software and Services, Your account, policy changes, system updates, and other notices. If You do not agree to such changes, then You may terminate use of the Services. TakeHome will not refund any fees or payments in the event of such termination.

4. Content Control

4.1 Control of Your Content

You will be solely responsible for the development, promotion, back-up, operation, and maintenance of Your Content, including accepting, processing, and filling customer orders generated through Your Account, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Account. You agree that TakeHome has no obligation to back-up any data related to Your operations, that you will not have access to such data if your account is terminated and You should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

4.2 Ownership and Control of Your Content

You retain all right, title, and interest in and to all intellectual property rights in Your content, exclusive of any content provided by TakeHome. You will be solely responsible for creating, managing, editing, reviewing, deleting, and otherwise controlling your content, including all products and services You offer to your customers.

As a conduit, TakeHome will give You discretion over Your content on the condition it is compatible and interoperable with the Software and Services provided by TakeHome under this Agreement and Your content and use of the Services, Software, and TakeHome Site comply with all applicable laws and the terms of this Agreement. Regardless of other language in this Section, if TakeHome has reason to believe that You have breached any of the terms of this Agreement, TakeHome may suspend or terminate Your Account and/or any access to information or data related to Your account and the Software and Services, and disable and delete any content on Account.

4.3 Passive Conduit

You acknowledge that, by only providing You with the ability to list and distribute Your own or third party products, services, and content, TakeHome and its Software and Services are acting only as passive conduits for the distribution and listing of such products, services and content on Your Account. TakeHome has no obligation to You or any third party, and undertakes no responsibility, to review Your Account, the products or services listed on Your Account or any other content published and distributed on or through Your Account. Regardless of anything else in this Agreement, if TakeHome believes in its discretion that Your Account or any products, services, content, or other materials in the Account or on TakeHome Servers, or Your use of any Software, App, or Service, may create liability for TakeHome or harm other users of TakeHome’s websites or services, then You agree that TakeHome may take any actions that TakeHome believes are prudent or necessary to minimize or eliminate TakeHome’s potential liability or to protect other users of TakeHome’s websites or services, including terminating Your account or denying You Service.

4.4 Order Fulfillment

TakeHome may make certain order fulfillment services, such as payment verification and processing, available to You. Some of these services may be available through third party vendors, such as PayPal and Stripe, and Your relationship with such vendor will be pursuant to a separate agreement between You and the applicable vendor. You understand and agree that TakeHome is not responsible for the availability or provision of such services or for such third party vendors non-performance or breaches of its agreement. TakeHome does not guarantee the availability, security, or delivery of such services or that You will be eligible for any vendor’s services. It is Your responsibility to address all issues with regard to a vendor, including payments, refunds, chargebacks, collections, and service outages, with such third party vendor. It is also Your responsibility, and You agree to comply with all applicable agreements you have with such vendors, as well as all laws and industry guidelines regarding payment and orders that apply to merchants, including laws with regard to taxes, privacy, and PCI guidelines. When you place an order, you authorize TakeHome to charge the payment method (through the right vendor PayPal or Stripe), the total amount of the order will be transferred to the user account specified in the order, TakeHome therefore will be not responsible for any missing amount, reject or refund.

5. Covenants and Prohibitions

5.1 Covenants

You covenant that all products, services, and content offered, published, or distributed on or through Your Account and Your related activities, including use of the Software and Services will not violate the TakeHome’s Terms of Service as it may be amended from time to time, and will not:

5.2 Prohibited and Restricted Activities

Prohibited Products & Services

You agree not to publish, offer for sale, sell, or otherwise distribute any of the following items on, through or connected with Your Account or through any App:

Restricted Activities

You may publish, offer for sale, sell, or otherwise distribute the following items on, through or connected with Your Account, but only if applicable federal, state, local, and other laws permit you to do so, and you fully comply with such laws:

In addition, TakeHome reserves the right to prohibit the use of the Services for any purpose that it deems objectionable or that poses elevated risks.

6. Fees; Taxes; & Audit Rights

6.1 Fees

You shall pay the fees set forth on an agreement before to open the User's account. TakeHome may change the fees for its Services from time to time. If You do not accept a change in the fees, then You may terminate Your account. You agree not to disguise, hide, or otherwise misrepresent the number of products that You offer on or through Your Account, or through use of any features of the Services, Software, App or otherwise.

6.2 Payment Terms

You agree to pay, via Credit Card for the Services, Software, and App in advance on a monthly basis. You understand that all fees are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. Upon non-payment TakeHome in its discretion may re-attempt to collect the amount due up to 3 times before suspending or terminating Your account or immediately suspend or terminate Your account.

6.3 Taxes

All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on TakeHome’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software and performance of the Services under this Agreement.

You are solely responsible for collecting and reporting taxes on goods and services you offer on, through, or connected with Your Account.

7. Disclaimer of Warranties

TakeHome, its vendors, and service providers, provide the Software, Services, and Additional Services, on an “as is” and “as available” basis and expressly disclaim any and all express, implied, or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage, or trade practice. TakeHome, its vendors, and service providers, do not warrant that the software, apps, services, and additional services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy, and reliability of the Software, Services, and Additional Services. You acknowledge and agree that this Section 7 is reasonable and an essential element of this Agreement and that in its absence, the economic terms of this Agreement would be substantially different.

8. Indemnity

You agree to indemnify and hold TakeHome, its vendors, and service providers, and their officers, members, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including reasonable attorneys’ and expert witnesses’ fees) incurred or arising from: (a) any content and other materials provided, stored, sold, or otherwise distributed by You or generated by users of Your Account, (b) any claims arising from the sale or license of goods or services in Your Account, and (c) any breach by You or those You control of this Agreement or the documents it incorporates by reference. TakeHome’s, its vendors’, and service providers’ indemnity rights shall not be limited or offset by any contributory negligence by TakeHome. TakeHome reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with TakeHome’s defense of such claim.