Version 2.1 — Effective date: 30 June 2026 (supersedes version 2.0 of 26 May 2026)
The Service is currently operated by the founders of VivaShelf ("VivaShelf", "we", "our", "us") pending incorporation of VivaShelf sp. z o.o., a limited liability company to be registered in Poland, which will become the contracting provider on registration. The registered office, court-register (KRS) number, and tax (NIP/VAT) number will be added here on incorporation [to be added on incorporation]. General contact: [email protected]. The authoritative version of these Terms is the English version; translations are provided for convenience only and the English text prevails in case of conflict.
By creating an account, accessing, or using VivaShelf (the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is offered exclusively to businesses (in particular restaurants, hotels, canteens, caterers, and other food-service organisations) and to their employees or contractors acting in a professional capacity. By creating an account you represent that (a) you are at least 18 years of age, (b) you are acting in the course of your trade, business, craft, or profession and not as a consumer within the meaning of EU Directive 2011/83/EU, and (c) where you accept on behalf of an organisation, you have authority to bind that organisation. If you do not meet these criteria or do not agree to these Terms, you must not use the Service. Nothing in these Terms purports to exclude or limit any non-waivable statutory consumer right that nevertheless applies to you under your local law.
VivaShelf is a cloud-based software-as-a-service (SaaS) platform that provides restaurants and food-service businesses with inventory management, expiry-date tracking using FEFO (First Expired, First Out) logic, batch management, automated alerts, reporting tools, optional industry benchmarks, and an optional anonymised peer leaderboard. The Service is provided via the web application at vivashelf.com and as a Progressive Web App (PWA).
To use the Service, you must register for an account with a valid business email address and create a strong password meeting our published complexity requirements. You are responsible for maintaining the confidentiality of your login credentials, all activity that occurs under your account, and ensuring that your account information remains accurate and up to date. You must promptly notify us at [email protected] if you suspect unauthorised access to your account. We strongly recommend enabling multi-factor authentication. We reserve the right to suspend accounts that show signs of compromise; you may request human review of any automated suspension at the same address.
You agree not to: use the Service for any unlawful purpose or in violation of any applicable law or regulation; upload special-category personal data within the meaning of Article 9 GDPR; attempt to gain unauthorised access to any part of the Service, other accounts, or systems connected to the Service; reverse-engineer, decompile, or disassemble any part of the Service except to the extent permitted by mandatory law; interfere with or disrupt the integrity or performance of the Service; upload or transmit viruses, malware, or other harmful code; use the Service to store or process data unrelated to food-service inventory management; resell, sublicense, or provide the Service to third parties without our written consent; or use automated scripts or bots to access the Service except through our published APIs and within published rate limits.
You retain all rights to the data you enter into the Service ("Your Data"), including inventory records, batch information, supplier and recipe data, and organisational data. We do not claim ownership of Your Data. We process Your Data solely to provide and improve the Service, as described in our Privacy Policy. To the extent that Your Data includes personal data of individuals other than yourself (for example, the personal data of employees, contractors, or counterparties), you are the data controller and VivaShelf is the data processor; the Data Processing Agreement published at /dpa is incorporated into these Terms by reference and governs that processing. You are responsible for ensuring that Your Data does not violate any third-party rights and that you have a lawful basis for uploading it. You may export Your Data at any time via Settings → Privacy → Export Data and you may delete Your Data and your account at any time, subject to mandatory retention obligations in section 9.
The Service, including its source code, design, logos, documentation, and all related intellectual property, is owned by VivaShelf and protected by applicable copyright and other intellectual-property laws. "VivaShelf" and the VivaShelf logo are trademarks of its founders (currently unregistered; a registration may be sought). These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the term of your subscription. This licence does not include the right to modify, distribute, sublicense, or create derivative works based on the Service.
VivaShelf offers a free tier and paid subscription tiers. The Starter plan is currently offered free for the first three months; we will give you advance notice by email before any charge begins, and you may cancel at any time before the paid period starts. Paid subscriptions are billed in advance on a monthly or annual basis through our payment processor, Stripe (Stripe Payments Europe, Ltd.), and renew automatically for successive periods of the same length until cancelled. VivaShelf is the seller and merchant of record. Prices are exclusive of VAT and other applicable taxes unless stated otherwise; tax is applied at the rate in force in your jurisdiction at the time of invoicing. We will email an invoice for each billing period. Because the Service is digital content supplied immediately upon registration with your express request and consent, where any statutory right of withdrawal would otherwise apply you acknowledge that it ceases once the Service is made available to you — except where applicable mandatory law (including non-waivable consumer protections that may apply notwithstanding section 1) provides otherwise. Fees are non-refundable except where required by law. You may cancel renewal at any time in Settings → Billing or by contacting us; cancellation takes effect at the end of the then-current paid period and no pro-rata refund is provided for partial periods. We may change pricing with at least 30 days' advance notice by email and in-app notice; price changes take effect at the start of your next billing cycle and you may cancel before they take effect. If payment fails we will retry collection and notify you; after a 14-day grace period we may restrict access to paid features until payment is brought current.
We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, governmental action, labour disputes, internet or telecommunications outages, cyber-attacks, and failures of third-party infrastructure ("Force Majeure"). Where practicable we will provide advance notice of planned maintenance via in-app banner or email. Neither party is liable for delay or failure to perform caused by Force Majeure provided that the affected party uses reasonable efforts to mitigate.
You may terminate your account at any time through Settings → Privacy → Delete Account, or by contacting us. We may suspend or terminate your access if you materially breach these Terms, if required by law or competent authority, or if your account remains inactive for more than 12 consecutive months (in which case we will give you at least 30 days' prior email notice and an opportunity to log in or export). Upon termination: your right to use the Service ceases immediately; we will delete Your Data within 30 days, except (a) operational records subject to food-safety traceability retention under section 11 of the Privacy Policy and Regulation (EC) No 178/2002, which are retained for the periods stated there, and (b) billing records retained for tax-law periods. Encrypted backups containing Your Data are purged within the 35-day backup retention window. Sections that by their nature should survive termination (Limitation of Liability, Indemnification, Governing Law, and Definitions) will continue to apply.
To the maximum extent permitted by applicable law: the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement; we do not warrant that the Service will meet your specific requirements, operate without interruption, or be error-free; we are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities; and our total aggregate liability for all claims arising from or related to these Terms or the Service in any 12-month period shall not exceed the total fees you actually paid us for the Service during that period. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, infringement of your intellectual-property rights, or any other liability that cannot be excluded or limited under applicable mandatory law (including non-waivable statutory consumer rights that may apply notwithstanding section 1).
You agree to indemnify and hold harmless VivaShelf and its officers, employees, and agents from and against any third-party claims, damages, losses, and reasonable expenses (including reasonable legal fees) arising out of or relating to: your use of the Service in material violation of these Terms; Your Data or your use of the Service infringing on any third-party rights; or your violation of any applicable law or regulation. This indemnity does not apply to the extent the loss is caused by our gross negligence, wilful misconduct, or breach of these Terms.
We may update these Terms from time to time. When we make material changes, we will update the version number and effective date at the top of this page and notify you via in-app notice or email at least 30 days before the changes take effect. Your continued use of the Service after the new Terms become effective constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service and may terminate your subscription with effect from the date the new Terms would take effect (any prepaid fees for the period after that date will be refunded on a pro-rata basis).
These Terms are governed by the laws of Poland, excluding its rules on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts competent for VivaShelf's registered seat in Poland. Notwithstanding the foregoing, where you are a consumer to whom non-waivable consumer protections apply, you also retain the right to bring proceedings in the courts of your country of residence and to rely on the mandatory consumer-protection provisions of your local law. Online Dispute Resolution: the European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr; consumers in the EU/EEA may also use that platform, although we prefer to resolve disputes directly through [email protected].
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect and the invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose. Our failure to enforce any right or provision does not constitute a waiver of that right. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a corporate restructuring on prior notice. These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between you and VivaShelf regarding the Service and supersede any prior agreements. Notices to us shall be sent to [email protected]; notices to you may be sent to the email address associated with your account or shown in-app.
For questions about these Terms, please contact us at [email protected]. We will respond within 10 business days. A postal correspondence address will be published once VivaShelf sp. z o.o. is incorporated [to be added on incorporation].
See also our Privacy Policy, Data Processing Agreement, and Cookie Policy.