API Terms Of Use

Thank you for using the Flipdish Limited (“Flipdish”) application programming interfaces (“Flipdish APIs”). By accessing or using the Flipdish APIs, you agree to these terms of use (the “Terms of Use”). These Terms of Use govern your use of the Flipdish APIs and form a binding contract between you and Flipdish.

BY ACCEPTING THESE TERMS OF USE, OR BY USING OR ACCESSING ANY PORTION OF THE FLIPDISH APIS, YOU IRREVOCABLY AGREE TO THESE TERMS OF USE AND ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE HEREIN, AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF (AND, IF YOU ARE EMPLOYED BY OR OTHERWISE REPRESENT ANY CORPORATION OR OTHER LEGAL ENTITY THAT WISHES TO USE THE FLIPDISH APIS, THAT ENTITY) TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE FLIPDISH APIS.

“You” means the individual person accessing or using the Flipdish APIs on his or her own behalf; or, if the Flipdish APIs or documentation are accessed or used on behalf of an organization, corporation or other legal entity, “you” means such legal entity. Flipdish reserves the right to update and change, from time to time at its sole discretion, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at https://app.flipdish.com/app/API-terms-of-use/ please check back for any changes that may impact you. Use of the Flipdish APIs after any such changes constitutes acceptance of such changes.

1. Licensed Uses and Restrictions.

Flipdish APIs are owned by Flipdish and are licensed to you on a worldwide (except as limited below), non-exclusive, non-transferable, non-sublicensable, and revocable basis on the terms and conditions set forth herein and in accordance with any additional published specifications for the Flipdish APIs that Flipdish may make available from time to time. These Terms of Use define legal use of and access to the Flipdish APIs, all updates, revisions, substitutions, and any copies of the Flipdish APIs made by or for you. All rights not expressly granted to you are reserved by Flipdish.

  1. Subject to the restrictions set forth in these Terms of Use, you may use the Flipdish APIs and any updates provided by Flipdish (in its sole discretion) solely to interface with Flipdish’s platform, including Flipdish’s provision of digital ordering and delivery solutions and other associated services (the “Flipdish Service”). Your license to the Flipdish APIs under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of and access to all Flipdish APIs and deleting any copies of materials accessed through the Flipdish APIs. Flipdish may terminate the license at any time for any reason without providing notice to you. Flipdish may make changes, upgrades, or discontinue all or any portion of any Flipdish APIs at any time for any reason without providing notice to you. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) Flipdish publicly posts a written notice of termination on Flipdish’s Website, (iii) Flipdish sends a written notice of termination to you, or (iv) Flipdish ceases providing access to the Flipdish APIs to you. Upon the expiration or any termination of these Terms of Use, the license granted to you will terminate, your access to the Flipdish APIs may be revoked, and you, at your expense, will promptly return all Confidential Information in your possession to Flipdish. The provisions of Sections 2, 3, 5, 6, 8, and 10 shall survive termination or expiration of these Terms of Use for any reason.
  2. Your application may make automated calls or other data requests to or through the Flipdish network (“Calls”). Flipdish may at any time, and over any given period of time, delay or limit the number of Calls you may send to the Flipdish network, or prohibit any application created by you from sending Calls to the Flipdish network, as Flipdish deems appropriate in its sole discretion.
  3. Flipdish will use all reasonable efforts to not make changes, upgrades, or discontinue any of the Flipdish APIs used by your product or service and that would be expected to render your integration incompatible with the Flipdish APIs. However should these changes be required, then Flipdish will use commercially reasonable efforts to notify you in advance of such changes and you will be required to update your integration with the relevant changes. Notwithstanding the foregoing, if the changes made are in relation to a security vulnerability, Flipdish reserves the right to require the Developer to install or update any and all software to continue using the Flipdish API and the Service. You acknowledge that Flipdish may make Updates to the Flipdish API from time to time, and at its sole discretion. You must implement and use the most current version of the Flipdish API and to make any changes to your Application that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Application accesses or communicates with the Flipdish API. Your continued access or use of the Flipdish API following an update or modification will constitute binding acceptance of the Update.
    We may also impose limits on certain features and services or restrict your access to some or all of the Flipdish API. Your continued use of the Flipdish API following a subsequent release will be deemed your acceptance of modifications. Flipdish reserves the right to revoke your access to the Flipdish API specifications and disable your integrations in the event you do not update your integration in accordance with this Section 1(c)
  4. If your product or service uses or is based upon the Flipdish APIs, then you will comply with any Flipdish attribution policy as in effect from time to time.
  5. You will use the APIs in compliance with all applicable laws, statutes, regulations, ordinances or other rules promulgated by governing authorities having jurisdiction over the parties, including: (i) the European Union General Data Protection Regulation (Regulation 2016/679); (ii) the ePrivacy Directive (Directive 2002/58/EC) or any local or European law implementing or replacing the same; (iii) the Canadian Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5); (iv) the Federal Trade Commission Act of 1914 (15 U.S.C. § 43); and (v) the Children’s Online Privacy Protection Act (15 U.S.C. § 6501-6505) or any regulations implemented pursuant thereto.
  6. Flipdish reserves the right to require the inclusion of a Flipdish library in your integrated application or system.
  7. Flipdish open API makes it possible for anyone to integrate. Anyone who integrates with Flipdish will need a Flipdish account in order to create an integration with Flipdish and are subject to the below requirements:

    1. must be correctly categorized and used;
    2. All API requests to Flipdish must contain a user-agent request header that identifies the device, browser and channel that is issuing each request
    3. must only be used for their specific client platform (iOS, Android, Web, Kiosk, etc);
    4. are subject to revocation if misused;
    5. may expire; and
    6. must be removed when no longer in use.

    Your integrations with the Flipdish APIs must be equipped to handle revocation or expiry of your credentials. You are responsible for securing your server to server credentials. Do not publish or share them with any unauthorized persons or use them outside of their intended use case. You may not allow any third party to use your credentials for their own benefit. If you become aware of any unauthorized use of your credentials, contact Flipdish immediately at [email protected]

  8. You shall NOT:

    1. use the Flipdish APIs in any manner or for any purpose that violates any law or regulation, promotes illegal activities, violates third party rights or Terms of Use, violates any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;
    2. modify, adapt, alter, translate, disassemble, decompile, copy or create derivative works from the Flipdish APIs;
    3. use the Flipdish APIs to engage in spamming or other unsolicited advertising or marketing activities or other unsolicited communications;
    4. sell, lease, rent, share, transfer, distribute or sublicense the Flipdish APIs, or access codes thereto, or derive income from the use or provision of the Flipdish APIs, whether for direct commercial or monetary gain or otherwise, without Flipdish’s prior, express, written permission;
    5. use the Flipdish APIs in a manner that adversely affects Flipdish and/or the Flipdish Service or that (a) exceeds reasonable request volume, as set by Flipdish from time to time or results in more calls to the Flipdish APIs than necessary to carry out an operation, as determined by Flipdish in its sole discretion, (b) constitutes excessive or abusive usage, (c) otherwise fails to comply or is inconsistent with any part of the Flipdish APIs documentation, as determined by Flipdish in its sole discretion, or (d) does or is intended to, directly or indirectly, circumvent any other agreements that Flipdish has with you, its customers or a third party. for the avoidance of doubt this includes, but is not limited to anything that could affect the total payable order value, end-user details and payment types
    6. otherwise exercise rights to the Flipdish APIs except as expressly allowed by these Terms of Use;
    7. reverse engineer or attempt to reconstruct, identify or discover any underlying ideas, underlying user interface techniques, source code or algorithms related to the Flipdish Service or any functionality provided by the Flipdish APIs;
    8. remove, obscure or alter any of Flipdish’s copyright notices, trademarks or other proprietary rights notices or confidentiality notices affixed to, associated with or contained within the Flipdish APIs;
    9. except as expressly authorized by Flipdish in writing, substantially replicate products or services offered by Flipdish, including the Flipdish APIs, or replicate or attempt to replace the essential user experience of Flipdish customers; provided that, subject to the foregoing, you and Flipdish may each develop and publish applications that are similar to or otherwise compete with the other party’s applications;
    10. permit access to the Flipdish APIs by any third party (except your employees or agents who need access to use, maintain, or update your application in accordance with these Terms of Use, and who are subject to confidentiality obligations at least as protective as those contained herein);
    11. interfere with any other user’s access to the Flipdish APIs;
    12. use the Flipdish APIs to introduce into Flipdish’s systems any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications;
    13. falsify or alter any unique identifier in or assigned to your application, or otherwise attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Flipdish APIs;
    14. use the Flipdish APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
    15. use the Flipdish APIs in a manner that interferes with, damages, harms, disrupts or otherwise adversely impacts the stability of Flipdish servers, security, networks, data, applications, or other properties or services of Flipdish or adversely impacts the behavior of other applications using the Flipdish APIs;
    16. use the Flipdish APIs in any application that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under the legal local age, or otherwise violates any law or regulation;
    17. indiscriminately proxy malicious or fraudulent requests sent to URLs belonging to your web application to Flipdish’s API;
    18. proxy requests sent to URLs belonging to your web application to Flipdish’s API from countries not served by your customer;
    19. provide a web application that connects to Flipdish APIs without a Web Application Firewall (WAF), which WAF must (a) block at least the OWASP Top 10 vulnerabilities; (b) include industry standard bot and fraud mitigation controls such as JavaScript checks, Captcha challenges and rate limiters; and (c) include Denial of Service mitigations;
    20. make requests to the Flipdish APIs: (a) that are unencrypted or using encryption that does not use industry standard cryptographic algorithms; (b) with payment data unless the requestor is PCI compliant; or (c) with HTTP query strings that contain personally identifiable information; or
    21. make requests to transactional Flipdish APIs when bulk Flipdish APIs exist for that purpose.
  9. Flipdish API specifications may be provided to enable you to build an API for Flipdish integration. Flipdish owns such API specifications and hereby grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use solely for yourself the Flipdish API specifications. When using Flipdish-provided API specifications to build an implementation of an Flipdish API specification, you are responsible for the performance, security, integrity and availability of services based on such Flipdish API specifications.

    Flipdish will use all reasonable efforts to not make changes, upgrades, or discontinue any of the Flipdish APIs used by your product or service and that would be expected to render your integration incompatible with the Flipdish APIs. However should these changes be required, then Flipdish will use commercially reasonable efforts to notify you in advance of such changes and you will be required to update your integration with the relevant changes. Notwithstanding the foregoing, if the changes made are in relation to a security vulnerability, Flipdish reserves the right to require the Developer to install or update any and all software to continue using the Flipdish API and the Service. You acknowledge that Flipdish may make Updates to the Flipdish API from time to time, and at its sole discretion. You must implement and use the most current version of the Flipdish API and to make any changes to your Application that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Application accesses or communicates with the Flipdish API. Your continued access or use of the Flipdish API following an update or modification will constitute binding acceptance of the Update.

    We may also impose limits on certain features and services or restrict your access to some or all of the Flipdish API. Your continued use of the Flipdish API following a subsequent release will be deemed your acceptance of modifications. Flipdish reserves the right to revoke your access to the Flipdish API specifications and disable your integrations in the event you do not update your integration in accordance with this Section 1(c)

    In addition, you shall NOT:

    1. otherwise exercise rights to the Flipdish API specifications except as expressly allowed by these Terms of Use;

Flipdish reserves the right to, at its sole discretion, (1) charge you a penalty fee and/or (2) immediately suspend access to the API if you breach any terms of these Terms of Use.

2. Ownership and Relationship of Parties.

The Flipdish APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Republic of Ireland and other countries where Flipdish operates. Flipdish’s rights apply to the Flipdish APIs and all output and executables of the Flipdish APIs, excluding any software components developed by you which do not themselves incorporate the Flipdish APIs or any output or executables of the Flipdish APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. Flipdish owns and retains all rights, title, and interest in and to the Flipdish APIs and the technology and/or software used to provide the Flipdish APIs. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Flipdish, including (but not limited to) the Flipdish APIs and Flipdish trademarks. If you provide or communicate any suggestions for improvements or enhancements to the Flipdish APIs (collectively, “Feedback”), Flipdish will own all right, title, and interest in and to the Feedback, and Flipdish will be entitled to use the Feedback without restriction or any obligation of compensation to you. You hereby irrevocably assign all right, title, and interest in and to the Feedback to Flipdish.

3. Confidentiality.

You acknowledge that the Flipdish APIs are a commercially valuable asset which constitutes a trade secret of Flipdish and that they contain Confidential Information proprietary to Flipdish. For purposes of these Terms of Use, “Confidential Information” means the Flipdish APIs, all information provided by Flipdish about the Flipdish APIs, performance and any other specifications for the Flipdish APIs, including any Flipdish-provided specifications used by you to build your own API(s) for integration with Flipdish, technical emails and responses to support inquiries, and all information provided by Flipdish that is clearly marked or identified as confidential or that a reasonable person would understand to be confidential. You shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than as expressly permitted by these Terms of Use. You agree that you, including your employees, officers, and agents, if any, shall treat all Confidential Information with the same degree of care as you accord to your own confidential information but which, in no event, shall be less than reasonable care and shall not disclose, sell, transfer, publish, copy, display or otherwise make the Flipdish APIs available, or any part thereof in any form, to any person or entity not a party to these Terms of Use. You shall take all reasonable precautions to ensure fulfillment of this confidentiality and nondisclosure obligations and agree to immediately notify Flipdish of any unauthorized use, copying and/or disclosure of the Flipdish APIs, and take such actions as are necessary to cease and prevent any further unauthorized use, copying and/or disclosure.

4. Support.

Flipdish may elect to provide you with support or modifications for the Flipdish APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Flipdish may change, suspend, or discontinue any aspect of the Flipdish APIs at any time, including the availability of any Flipdish APIs. Flipdish may also impose limits on certain features and services or restrict your access to parts or all of the Flipdish APIs or the Flipdish website without notice or liability.

5. Disclaimers.

SOME OF THE FLIPDISH APIS MAY BE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. FLIPDISH DOES NOT REPRESENT OR WARRANT THAT ANY FLIPDISH APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE FLIPDISH APIS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND FLIPDISH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. FLIPDISH DOES NOT WARRANT THAT THE FLIPDISH APIS WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR FREE FROM HARMFUL COMPONENTS. NO WARRANTY IS MADE BY FLIPDISH ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. FLIPDISH DOES NOT WARRANT THAT THE FLIPDISH PLATFORM OR FLIPDISH SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE FLIPDISH PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

YOUR USE OF THE FLIPDISH APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FLIPDISH APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIPDISH OR THROUGH OR FROM FLIPDISH’S WEBSITE OR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

You acknowledge that Flipdish may modify the Flipdish APIs from time to time, and that Flipdish is not obligated to notify you of any such modification. FLIPDISH WILL HAVE NO LIABILITY TO YOU, OR TO YOUR END USERS OR LICENSEES, IN CONNECTION WITH ANY MODIFICATION OF THE FLIPDISH APIS OR TERMINATION OF THESE TERMS OF USE.

6. Limitation of Liability.

FLIPDISH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FLIPDISH APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FLIPDISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, FLIPDISH’s LIABILITY TO YOU UNDER THE TERMS OF USE FOR ANY REASON WILL BE LIMITED TO €100 EURO.

7. Essential Basis; Exclusions and Limitations.

The parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in these Terms of Use form an essential basis of these Terms of Use, and that, absent any of such disclaimers, exclusions or limitations of liability, the terms of these Terms of Use, including, without limitation, the economic terms, would be substantially different. The limitations contained herein shall apply to the fullest extent permitted by applicable law.

8. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Flipdish, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of Flipdish APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other common law principle of similar effect, to the fullest extent permitted by law.

THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE, FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY FLIPDISH OR FOR FLIPDISH’S FRAUD, DECEPTION, FALSE PROMISES, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION, OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY SERVICE PROVIDED HEREUNDER.

9. Release, Hold Harmless and Indemnity.

You irrevocably and unconditionally release and covenant not to use or pursue any claim against Flipdish and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your use of the Flipdish APIs, or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to the Flipdish platform, documentation, or Flipdish APIs.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Flipdish and its subsidiaries, affiliates, officers and employees from and against any claim, demand, cause of action, loss, expense, damage (actual or consequential), settlement, or other liability (including reasonable attorney’s fees) arising from or in any way related to (a) your gross negligence or willful misconduct; (b) your access to or use of Flipdish APIs, (c) any violation by you of these Terms of Use, (d) any third-party claim that your products or services or any application you use in connection with the Flipdish APIs infringes on the intellectual property rights of a third party; and (d) the performance or non-performance of your applications. Flipdish shall use good faith efforts to provide you with written notice of such claim, suit or action. This provision does not require you to indemnify the above named parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promises, misrepresentation, or concealment, suppression or omission of any material fact in connection with the Flipdish APIs or any services provided hereunder.

10. Governing Law.

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Use or their subject matter shall be governed by, and construed in accordance with, Irish law and any such dispute or claim shall be resolved exclusively in the courts of Ireland or in the courts of the country of our establishment.

11. General Terms.

If any part of the Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

No failure or delay by us to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

You agree that no partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Online Ordering System.

The Terms of Use constitute the entire agreement between you and us regarding the Online Ordering System and supersede and extinguish all prior agreements promises, assurances, warranties, representations and understandings between you and us regarding the Online Ordering System.

You may not assign, novate or otherwise transfer the Terms of Use to any person without our prior written consent but you agree that we may assign, novate or otherwise transfer any of our rights or obligations under the Terms of Use to our affiliates or a party that acquires us.

Last updated: June 22nd, 2021 V1.2.2021