Last updated: 28 February 2023

These end-user terms (the “Terms”) are an agreement between you, as the end-user, and HeyWaitr ApS (“HeyWaitr”), a Danish company registered under company number 42068497, as the owner and operator of the HeyWaitr-App (the “App”). 

Your app store provider is not a party to these Terms and is not in any way responsible for the App.

1. 1. Introduction and acceptance of these terms
      1. 1. By downloading, installing, accessing or using the App you as the end-user accept and agree to these Terms, including the processing of personal data, as described in Section 10 and 11 in these Terms. 
      1. 1. These Terms set forth the terms and conditions under which you may use the App.
      1. 1. HeyWaitr reserves the right to update these Terms and the App at any time. If any changes to the Terms are made, HeyWaitr will notify you. The most current version of the Terms can be found at www.HeyWaitr.com. Updates to the App are issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

1. 1. Download of The app
      1. 1. The App can be download on smartphone or tablet. The App is compatible with IOS and can be downloaded from App Store. 
      1. 1. The App can be used on any Apple-branded products that you own or controls and as permitted by Apple’s usage rules set forth in the terms of service in Apple App Store.

1. 1. HeyWaitr’s role and its partners
      1. 1. HeyWaitr provides a way for you to send your orders for products to restaurants, cafes, shops, and similar businesses (“Partners”) displayed on the App. 
      1. 1. The legal contract for the supply and purchase of products is between you and the Partner that you place your order with. 
      1. 1. HeyWaitr only concludes the sale of the ordered products on behalf of, and as an agent for, the Partners.

1. 1. Price and payment
      1. 1. Prices quoted on the App are in Danish Kroners and include VAT. In addition, to the price quoted, the Partner may charge delivery costs and administration or service charges to the total price of your order.
      1. 1. If the prices quoted on the App are incorrect, HeyWaitr and the relevant Partner are under any obligation to ensure that your order is provided to you at the incorrect price or to compensate you in respect of incorrect pricing.
      1. 1. Payment for orders must be made by an accepted credit or debit card through the App. You may be required to show proof of payment to the Partner at the time of delivery or collection of the ordered products.

1. 1. Customer service
      1. 1. In the event that you are dissatisfied with the quality of any products or the service provided by a Partner, your complaints must be submitted to and handled with the Partner.

1. 1. License to the App
      1. 1. You are permitted to use the App for your own use on the following basis:
            1. 1. You may use the App only for the intended purposes and in accordance with these Terms and all applicable laws.
            1. 1. You are not allowed to license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the App or make the App available to any third-party.
            1. 1. You are not allowed to modify or make derivative works based upon the App. 
            1. 1. You are not allowed copy or create any unauthorized access to the App.
            1. 1. You are not allowed to reverse engineer or access the App in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the App, (iii) copy any ideas, features, functions or graphics of the App, or (iv) for the purposes of investigating possible patent infringement. 
            1. 1. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national, and foreign, laws, treaties, and regulations in connection with the use of the App. 

      1. 1. You shall comply with any applicable third-party terms of agreement when using the App, including Apple’s usage rules set forth in the terms of service in Apple App Store.

1. 1. Access to the app
      1. 1. HeyWaitr’s strives to ensure that the App is available 24 hours a day but HeyWaitr does not undertake any obligation to do so, and HeyWaitr shall not be liable to you if the App is unavailable at any time or for any period.
      1. 1. HeyWaitr is not legally obliged to provide specific support services regarding the App to you as the end-user. 
      1. 1. Access to the App may be suspended temporarily at any time and without notice.
      1. 1. All troubles, bugs, errors or issues with the App can be reported to info@heywaitr.com.

1. 1. Disclaimer
      1. 1. The App is compatible with IOS on smartphones. HeyWaitr is not responsible for any unavailability, interruptions, interferences or disconnection of the App.
      1. 1. HeyWaitr does not warrant that the App will meet all your requirements or operate uninterrupted or error-free. Except as required by mandatory law or expressly stated in these Terms, there are no express or implied warranties provided. 
      1. 1. The information about HeyWaitr’s Partners, including menu information and price information, is provided by the Partners. HeyWaitr does not promise or guarantee the information is accurate or complete. 
      1. 1. To the extent permitted by mandatory law, in no event shall HeyWaitr be liable for any direct, indirect, incidental or consequential damages or expenses, including but not limited to loss of profits and lost savings. 
      1. 1. The legal contract for the supply and purchase of products is between you and the Partner that you place your order with. HeyWaitr has no control over the actions or omissions of any Partners. 
      1. 1. You acknowledge and accept that HeyWaitr is not liable for and does not give any guarantee or undertaking that:
            1. 1. The Partner will accept and fulfil your order.
            1. 1. Your order will be delivered or will be available for collection within an estimated time set forth on the App.
            1. 1. The products ordered from any Partner through the App will be of satisfactory quality or suitable for your purpose and HeyWaitr disclaims any such warranties.

1. 1. Intellectual property rights
      1. 1. HeyWaitr exclusively owns all rights, titles, interests and all other intellectual property rights in and to the App and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the App. 
      1. 1. Your access to functions in the App is provided under a license and is not a sale to and does not convey to anyone any rights of ownership in or related to the App or any other intellectual property rights owned by HeyWaitr.

1. 1. Processing of personal data in the APP 
      1. 1. When using the App for its intended purpose, you give your consent for the processing of your personal data when using the App. You can at any time withdraw the consent by sending an email to info@heywaitr.com. Withdrawal of consent may result in the termination of your access to the App.
      1. 1. You own your data which are processed with the App (“Data”). 
      1. 1. HeyWaitr’s Partner is the data controller and HeyWaitr is the data processor processing the data on behalf of and under instructions from the Partner. 
      1. 1. HeyWaitr processes the Data on behalf of and under instructions from the Partner. The Data is stored in accordance with the EU Regulation on Personal Data and with the highest security levels. 
      1. 1. The Data only includes data provided by you into the App.
      1. 1. The Partner as the data controller has the sole responsibility for the integrity, legality and appropriateness of the Data and the processing of the Data, including concluding data processing agreements and obtaining necessary consent from the persons, which is subject to the Data.
      1. 1. The Partner can provide HeyWaitr with access to the Data. In this event, the Partner as the data controller has the responsibility to ensure that such authorization complies with all applicable laws and regulations, including personal data regulations.
      1. 1. HeyWaitr is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the Data. HeyWaitr has no obligation to maintain or forward any Data or other data generated as a result of the use of the App.

1. 1. Personal data – Your rights
      1. 1. You have the right at any time to be informed about which of your Data HeyWaitr is processing. You have the right at any time to receive a copy of such data and obtain access to the Data.
      1. 1. At any time, you can require HeyWaitr to correct wrong information about you, and you are entitled to add additional information to your personal data that are stored.
      1. 1. HeyWaitr will correct or delete incorrect or misleading Data on request. 
      1. 1. The data will not be disclosed to any third party, except for the relevant Partner when it is necessary for performing the intended services to you. 
      1. 1. You can object against or limit HeyWaitr’s storage of your personal data at any time.
      1. 1. You can find more information about your rights relating to personal data on the Danish Data Protection Agency’s website, www.datatilsynet.dk/english. Complaints about our processing of personal data must be filed to the Danish Data Protection Agency.
         2. You can delete your data and account via the HeyWaitr app via going to Profile > Delete Account > Press “Okay” to cofirm the deletion of your HeyWaitr account and data.

1. 1. Legal compliance 
      1. 1. You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted
            parties.

1. 1. HeyWaitr’s contact details
      1. 1. Any questions, complaints or claims with respect to the App can be directed to HeyWaitr.

            Company address:

            Fruebjergvej 3

2100 København Ø
Denmark

1. 1. 1. 3. Telephone number: +45 78 70 70 25

1. 1. 1. 3. E-mail address: info@heywaitr.com

14. 14. Apple as THIRD-PARTY beneficiary
        1. 1. HeyWaitr and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

14. 14. Governing law and jurisdiction
        1. 1. The laws of Denmark shall govern these Terms. All choice of law provisions are excluded. The United Nations Convention on Contracts for the International Sale of Goods is excluded. 
        1. 1. All disputes arising out of or in connection with these Terms and/or the use of the App shall be resolved by the City Court of Copenhagen.