Terms of Service
Foodie — Matchmaking platform between local producers and buyers
- Preamble
- Definitions
- Purpose and Nature of the Service
- Access and Account
- Foodie Subscriptions
- Producer Obligations
- Buyer Obligations
- In-App Order Flow
- User Content
- Health and Nutrition Data
- Prohibited Conduct
- Intellectual Property
- Limitation of Liability
- Moderation and Reporting (DSA)
- Termination
- Governing Law and Disputes
- Changes to These Terms
- Legal Notices
- Contact
1. Preamble
These Terms of Service ("Terms") govern access to and use of the Foodie application ("the App") operated by E&HADS AGENCY, a company organized under French law. By downloading, installing, or using the App, you acknowledge that you have read, understood, and unconditionally accepted these Terms. If you do not accept them, you must refrain from using the App.
These Terms constitute a legally binding agreement between you and E&HADS AGENCY. Pursuant to Article 8 of Regulation (EU) 2016/679 (GDPR) and Article 45 of French law n°78-17 of January 6, 1978 as amended, you must be at least fifteen (15) years old to create a Foodie account without parental consent. At registration, the declared age is collected via a mandatory date-of-birth field; any user under fifteen must provide the email address of a holder of parental authority, who receives a double-confirmation email (parental double opt-in) before account activation. Without parental confirmation within seven (7) days, the account is automatically deleted. An account for a minor under thirteen (13) cannot be activated under any circumstances.
2. Definitions
- App: the Foodie mobile application and online services, available in V0 on iOS (iPhone), watchOS (Apple Watch) and tvOS (Apple TV). Other Apple platforms (iPadOS, visionOS, macOS) are not covered by this version and will, where applicable, be the subject of an extension expressly announced by the Operator.
- Operator: E&HADS AGENCY, the company operating the App.
- User: any natural or legal person using the App, including Buyers and Producers.
- Producer: a professional (farmer, market gardener, breeder, cheesemaker, baker, winemaker, food craftsman, restaurateur, etc.) who publishes product offerings on the App.
- Buyer: a user who browses the directory and places reservation requests with Producers.
- Content: photos, descriptions, displayed prices, reviews, messages, and any other information published in the App.
- Service: all functionality provided by the App, limited to the matchmaking of Buyers and Producers.
3. Purpose and Nature of the Service
3.1 Matchmaking and hosting status
Foodie is a matchmaking service within the meaning of Article 6.I.2 of French law n°2004-575 of June 21, 2004 ("LCEN") and Article 14 of the EU e-Commerce Directive (2000/31/EC). The Operator acts as a hosting intermediary for content published by Producers and does not exercise any prior control over this content.
Decision-support features for the Buyer (filtering of products subject to an active sanitary recall under the French ministerial order of October 21, 2021 establishing the "RappelConso" online service, temporary editorial highlighting of Founding Producers during their first season, and quarterly Producer advisory committee) constitute information and editorial-animation accessories that do not call into question the hosting qualification. The Operator does not select content published by Producers prior to publication, does not validate displayed prices, and does not participate in any commercial transaction between Buyers and Producers.
The App offers the following features:
- Geolocated directory of local Producers with an interactive map;
- Seasonality calendar and indicative carbon scores;
- Direct messaging between Buyer and Producer;
- Submission and confirmation of basket or product reservation requests;
- Physical pickup validation via double P2P confirmation (NFC / QR code);
- History of past reservations;
- Optional consumption assistance tools: food recognition, HealthKit nutrition tracking, menu translation.
3.2 Foodie is not a party to transactions
Foodie is a mere technical intermediary. The Operator is at no point a party to the sale contract concluded between the Buyer and the Producer. The sale contract is formed directly between these two parties, outside the App.
3.3 No payment processing
The indication of a payment method in the App ("cash", "card on pickup", "bank transfer", etc.) is purely informational, intended to help the Producer prepare appropriate means of collection. This indication does not engage any automated payment processing by Foodie.
4. Access and Account
4.1 Registration
Use of the App requires account creation. When registering, you agree to provide accurate, complete, and up-to-date information. A unique identifier is associated with each account.
4.2 Account security
You are responsible for the confidentiality of your credentials and for all activity under your account. In case of unauthorized use, you must notify us without delay at security@lamaisonfoodie.fr.
4.3 Producer account
Creating a Producer account is open to any person holding a compatible legal status (farmer, self-employed, company, craftsman, etc.). The Producer is solely responsible for ensuring their activities comply with applicable regulations.
4.4 Suspension and termination
The Operator reserves the right to suspend or delete any account violating these Terms or posing a risk to other Users, without prejudice to legal remedies.
5. Foodie Subscriptions
The App is free to install. Core features (directory browsing, messaging, reservation requests) are free and unlimited for Buyers.
Optional paid subscriptions are offered to Producers to access advanced features (premium visibility, analytics, multi-location support, accounting export). These subscriptions are managed exclusively outside the App, via a secure web portal operated by a third-party provider. Foodie collects no banking data and does not directly process any subscription payment.
Detailed pricing, cancellation terms, and refund information for Producer subscriptions are published at lamaisonfoodie.fr/pro.
6. Producer Obligations
6.1 Sanitary and hygiene responsibility
The Producer declares and warrants compliance with the full EU "hygiene package", including:
- Regulation (EC) No 852/2004 — food hygiene;
- Regulation (EC) No 853/2004 — specific hygiene rules for animal-origin foodstuffs;
- Regulation (EU) No 1169/2011 — Food Information to Consumers (INCO);
- HACCP plan (Hazard Analysis Critical Control Point) adapted to their activity;
- Cold chain, use-by/best-before dates, conservation and transport conditions.
6.2 Tax and social security responsibility
The Producer is solely responsible for:
- Their legal, tax, and social status (self-employed, farmer, company, etc.);
- Declaration and payment of applicable VAT;
- Issuing invoices to their customers;
- Direct collection of sums owed by Buyers;
- Keeping accounting records and complying with reporting obligations.
6.3 Accuracy of listings
The Producer undertakes to publish accurate information about their products, including:
- Faithful and non-misleading description;
- Ingredient and allergen list in accordance with INCO;
- Prices including all taxes;
- Geographic origin and official quality signs (organic, PDO, PGI, etc.) if claimed;
- Realistic availability and pickup slots.
7. Buyer Obligations
- Provide accurate information when submitting reservation requests;
- Respect the pickup slots agreed with the Producer;
- Pay the Producer directly according to the agreed method, at the time of physical pickup;
- Verify product conformity upon receipt and report any defect directly to the Producer;
- Not use the App for any purpose not contemplated by these Terms.
8. In-App Order Flow
8.1 Reservation request
The Buyer expresses a purchase intent by selecting products and a pickup slot. This request is an expression of intent transmitted to the Producer; it does not legally bind Foodie and does not constitute a firm order until the Producer confirms it.
8.2 Confirmation by the Producer
The Producer accepts or refuses the request. Upon acceptance, the sale contract is formed directly between the Buyer and the Producer, outside the App. Foodie is not a party to this contract.
8.3 Pickup validation (P2P NFC / QR code)
At the time of pickup, the Buyer and Producer physically validate the handover through an NFC or QR code double-confirmation mechanism. This validation only serves to mark the reservation as "picked up" in the App; it does not imply any transfer of funds and does not engage Foodie beyond keeping a history entry.
8.4 Cancellation, rejection, no-show
The Producer may reject a request before acceptance. The Buyer may cancel their request before the Producer confirms it. In the case of a no-show, the Producer may mark the reservation as "no-show"; Foodie is limited to recording this status.
8.5 Disputes between parties
Any dispute regarding quality, conformity, payment, absence of product, or any other commercial matter shall be settled directly between the Buyer and the Producer. Foodie may, purely optionally, facilitate dialogue via its messaging but is not required to resolve the dispute and does not provide any compensation.
9. User Content
9.1 Your content
You may submit reviews, photos, ratings, and other content ("User Content") in the App. By submitting User Content, you grant E&HADS AGENCY a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, display, and distribute your User Content for the operation and improvement of the App.
9.2 Content standards
User Content must not:
- Be false, misleading, or defamatory;
- Infringe the intellectual property rights of third parties;
- Contain offensive, hateful, or discriminatory language;
- Include personal information of third parties without consent;
- Constitute spam or unsolicited commercial messages.
9.3 Moderation
In accordance with its hosting status, the Operator does not exercise prior control. It promptly removes any manifestly illegal content that is properly reported.
10. Health and Nutrition Data
- Calorie and macronutrient calculations are indicative estimates;
- HealthKit integration constitutes processing of health data within the meaning of Article 9(1) of Regulation (EU) 2016/679 (GDPR). It is strictly optional and is activated only after your distinct explicit consent obtained pursuant to Article 9(2)(a) of the same regulation, which can be withdrawn at any time via iOS Settings → Health without affecting other App functionality;
- Health data collected via HealthKit remains locally encrypted on your device within Apple Health's enclave and is never transmitted to the Operator's servers; no analytics, no statistics, no profile is built by the Operator based on this data;
- Foodie does not diagnose any condition and does not prescribe any diet.
11. Prohibited Conduct
It is forbidden to use the App to:
- Violate any law or regulation;
- Publish unlawful, defamatory, hateful, discriminatory, or infringing content;
- Commit fraud, impersonate a third party, or create fake accounts;
- Automatically extract data (scraping) without written authorization;
- Circumvent security or moderation measures;
- Offer for sale any product that is illegal, dangerous, or non-compliant with applicable food safety regulations.
12. Intellectual Property
Intellectual property rights over the Foodie Application are split as follows:
- Trademark, the "Foodie" name, logos, visual identity, and editorial content: exclusive property of Alexandre Sand, the commissioning client of the project. Any reproduction, representation, exploitation, or derivative use of the Foodie trademark or distinctive signs is strictly forbidden without prior written authorization.
- Source code, software architecture, databases, and technical infrastructure: exclusive property of E&HADS AGENCY, the technical operator of the Application. The code is protected by the French Intellectual Property Code (articles L111-1 et seq.) and by applicable copyright laws governing software works.
The rights of both parties are governed by a development and partial rights-assignment agreement concluded between E&HADS AGENCY and Alexandre Sand. Any unauthorized reproduction, representation, modification, or exploitation of either of these elements is strictly forbidden and may give rise to civil and criminal proceedings pursuant to Articles L335-2 et seq. of the French Intellectual Property Code and applicable international law.
13. Limitation of Liability
Without prejudice to the foregoing, and to the fullest extent permitted by applicable law, E&HADS AGENCY's total liability to any User in connection with the App is limited to the amount of Producer subscriptions paid by that User over the last twelve (12) months, or one hundred (100) euros, whichever is lower.
14. Moderation and Reporting (DSA)
In accordance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), any User may report content they consider unlawful via the in-app reporting feature or by email at abuse@lamaisonfoodie.fr. The report must be specific enough to allow identification of the content (URL, screenshot, description of the alleged illegality).
The Operator commits to processing reports within a reasonable timeframe and to removing any manifestly unlawful content. A User whose content has been removed may challenge the decision by email at appeal@lamaisonfoodie.fr.
15. Termination
You may delete your account at any time from the App settings. The Operator may terminate your access in case of material breach of these Terms, after prior notice where reasonably possible. Termination results in the deletion of your personal data, subject to legal retention obligations.
16. Governing Law and Dispute Resolution
These Terms are governed by French law. Any dispute relating to their interpretation or performance shall be submitted to the competent French courts. For consumers, the competent court is the court of the consumer's place of residence or the place of performance of the contract.
In accordance with Articles L611-1 et seq. of the French Consumer Code, you are entitled to free recourse to a consumer mediator to resolve a dispute amicably. The designated mediator is: [to be completed by the Operator before production release].
17. Changes to These Terms
The Operator may modify these Terms at any time. Users will be notified of any material changes via in-app notification or email at least thirty (30) days before they take effect. Continued use of the App after that date constitutes acceptance of the new Terms.
18. Legal Notices
Operator of the Application:
E&HADS AGENCY — SASU (French simplified joint-stock company, sole shareholder)
French business registration (SIRET): 932 700 271 00012
Registered office: 2 Impasse Mont Nouge, 17240 Mosnac, France
Contact: legal@lamaisonfoodie.fr
Publication director: Metoyer Déogracia (President, CTO)
Commissioning client / functional owner: The Foodie Application is developed and operated by E&HADS AGENCY on behalf of Alexandre Sand, the commissioning client of the project. Editorial and technical liability, within the meaning of Article 6.I.2 of French LCEN law and Article 14 of the EU e-Commerce Directive, lies with E&HADS AGENCY as the operator.
Hosting: App data is hosted by Supabase, running on Amazon Web Services (AWS) — region eu-west-3 (Paris, France).
Supabase Inc., 970 Toa Payoh North, #07-04, Singapore 318992.
Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg.
19. Contact
For any question relating to these Terms:
- General support: support@lamaisonfoodie.fr
- Legal questions: legal@lamaisonfoodie.fr
- Data protection: privacy@lamaisonfoodie.fr
- Content reports: abuse@lamaisonfoodie.fr
- Moderation appeals: appeal@lamaisonfoodie.fr