Terms of Service (2.0)

This is a translation provided for convenience. In case of any discrepancy, the Italian version prevails.

Terms of Service for Tenants — v2.0

1. Definitions

  • Flabio: BlueStarSystem di Juri Montico, VAT number IT02342230303, registered office Dorsoduro, 2408/D - 30123 Venezia (VE)
  • Platform: the Flabio software-as-a-service (flabio.com and its subdomains)
  • Tenant: a business customer of Flabio (running one or more stores)
  • Store: a business run by the tenant through the platform
  • Storeholder: an individual authorised by the tenant to work on a store
  • Customer: an end visitor to a store's public mini-site
  • Plan: the paid feature package the tenant subscribes to for a store

2. Subject matter

Flabio grants the tenant access to the platform in order to:

  • manage the digital identity of their brand (subdomain or custom domain);
  • create stores and manage their menus;
  • publish menus by QR code, direct link, embedded widget or WordPress plugin;
  • receive numeric reviews and statistics;
  • manage storeholders, agents, subscriptions and invoicing.

The relationship is business to business. The tenant declares that they act in the course of a business, trade or profession; consumer protections under the Italian Consumer Code do not apply, save for mandatory rules of law.

3. Registration and account

To register, the tenant supplies mandatory identifying details (company name, VAT number, administrator details). The tenant undertakes to:

  • give accurate information and keep it up to date;
  • keep their credentials confidential;
  • not allow unauthorised people to gain access;
  • notify support@flabio.com of any unauthorised access.

Flabio reserves the right to verify identity (Italian anti-money-laundering Legislative Decree 231/2007) and to suspend an account where it has grounds for suspicion.

4. Plans and invoicing

Current prices are published at flabio.com/prezzi. They are stated in EUR, excluding VAT unless otherwise indicated. The total including VAT is shown at checkout.

The tenant may take out one or more plans, monthly or yearly. Invoicing works as follows:

  • Monthly: charged automatically through Stripe on the same day of each month as the subscription began.
  • Yearly: a single charge in advance, at a discount to the monthly price.

Invoices are issued electronically through Fatture in Cloud (numbering series N/COM/YYYY) and sent to the Italian exchange system (SDI) for Italian customers.

4.1 Price changes

Changes to plan prices are notified to the tenant at least 30 days in advance by email and by a notice in the admin panel. A tenant who does not accept the change may terminate before it takes effect, at no penalty. Changes do not apply to yearly subscriptions already paid for, until they expire.

4.2 Trials and discounts

Trials and promotional discounts are governed by the conditions stated when they are offered. On discounted prices Flabio displays the lowest reference price of the previous 30 days, under Article 17-bis of the Italian Consumer Code (Legislative Decree 134/2023, implementing Directive (EU) 2019/2161).

5. Machine translation of content

The platform offers machine translation of menu text (section names, dishes, descriptions) into other languages, through the DeepL service (DeepL SE, Germany). Machine translation is made available to the storeholder as an editorial aid.

In accordance with Regulation (EU) 2024/1689 (the AI Act), Flabio declares that:

  • machine translation uses a third-party AI system (DeepL) classified as minimal risk;
  • the AI takes no decisions with legal effects for the tenant, the storeholder or end customers;
  • translations can always be edited and overwritten by the storeholder from the editorial panel;
  • accuracy is limited to what the DeepL service can do, and is not guaranteed by Flabio.

The storeholder's responsibility: the storeholder must check that every machine translation is correct, appropriate and complete before publishing it. Translation is an aid; it does not replace human editorial control. Where there are errors (missing allergens, wrongly translated ingredients, imprecise technical terms), liability towards end customers rests with the storeholder alone, under Regulation (EU) 1169/2011 on food information to consumers.

Any further AI-based features introduced in future will be notified by an update to these terms, with 30 days' notice.

6. Multi-tenancy and storeholders

The tenant may authorise one or more storeholders to access individual stores with OWNER or EDITOR permissions. The tenant is responsible for what storeholders do, and must make sure they accept the applicable terms of use and the privacy notice of the store concerned.

7. The agent model

The tenant may enable the agent programme (see t_int for how it works in practice, and the settings at /admin/agent-settings). Commission due to agents is payable by the tenant and is governed by the agency contract in force with each agent. Flabio only provides the technical means of calculating and tracking it.

8. Tenant content

The tenant is solely responsible for the content they publish on the platform (menus, photographs, text, descriptions, contact details). In particular, the tenant warrants:

  • the accuracy of the information;
  • compliance with applicable law (allergen labelling under Regulation (EU) 1169/2011, origin declarations, HACCP hygiene rules and so on);
  • that they hold the rights to the material used (photographs, trade marks);
  • that it does not harm third parties.

Flabio acts as a passive hosting provider within the meaning of Directive 2000/31/EC (implemented in Italy by Legislative Decree 70/2003) and of the Digital Services Act (Regulation (EU) 2022/2065): it does not vet content before publication and is under no general monitoring obligation.

8.1 Notice and action (Article 16 DSA)

Third parties who consider published content unlawful may report it to notice@flabio.com, setting out their reasons. Flabio undertakes to examine reports promptly and to act proportionately (removal, suspension, notice to the tenant). The tenant has a right of reply.

8.2 Trader / non-trader (Article 30 DSA)

Tenants are classified as traders for the purposes of the DSA. They must supply complete identifying details (VAT number, contact details), which are shown on the public mini-site where required. Flabio reserves the right to suspend accounts that do not identify themselves adequately.

8.3 Prohibited content

See t_pip (Prohibited Items Policy).

9. Service availability

See t_sla (Service Level Agreement). In short: a target of monthly uptime of 99.5 % or better, excluding scheduled maintenance and force majeure.

10. Security

Flabio takes reasonable technical and organisational measures to protect the platform (HTTPS/TLS, password hashing, access control, monitoring, backups). In line with the principles of the Cyber Resilience Act (Regulation (EU) 2024/2847), the platform is designed with security by default.

The tenant is responsible for:

  • keeping credentials confidential;
  • enabling two-factor authentication where available;
  • keeping their own devices up to date;
  • reporting any suspected vulnerability to security@flabio.com.

11. Limitation of liability

Save in cases of wilful misconduct or gross negligence, Flabio's liability is limited to direct loss actually suffered by the tenant, up to the amount paid by the tenant in the 12 months preceding the event.

The following are excluded in all cases:

  • indirect or consequential loss, loss of profit or of custom;
  • loss caused by the tenant's own content;
  • loss caused by third-party services being unavailable (Stripe, Cloudflare, email providers);
  • loss caused by force majeure.

12. Indemnity

The tenant indemnifies Flabio against third-party claims arising from:

  • content published by the tenant;
  • breach of applicable law;
  • infringement of third-party rights (intellectual property, privacy and so on);
  • failure to pay commission due to agents.

13. Suspension and termination

Flabio may suspend or deactivate the service where:

  • payment is not made (on 7 days' notice after a first reminder);
  • these terms are seriously breached;
  • a court or supervisory authority so requires;
  • there is fraud or unlawful use.

The tenant may terminate at any time from the admin panel. Deactivating a tenant means:

  • public mini-sites are suspended immediately;
  • a 30-day grace period during which the data is kept and the tenant can download it;
  • permanent deletion at the end of the grace period (see t_pp for specific retention periods).

14. Changes to these terms

Flabio may amend these terms on 30 days' notice. Where a change is to the tenant's disadvantage (higher prices, reduced SLA, restricted features), the tenant may terminate without penalty. Continuing to use the service after the change takes effect counts as acceptance.

Changes required by law may take effect on shorter notice.

15. Assignment

Flabio may assign this contract in the event of a corporate reorganisation, merger, demerger, or sale of the business or part of it, on notice to the tenant. The tenant may terminate within 30 days of that notice.

The tenant may not assign this contract to a third party without Flabio's written consent.

16. Governing law and jurisdiction

These terms are governed by Italian law. The courts of Venezia have exclusive jurisdiction over any dispute.

17. Communications

All communications are sent:

  • by email to the address given by the tenant (the notification email in /admin/general-settings);
  • by certified email (PEC), where supplied;
  • by in-app notifications.

18. Sub-processors

To provide the service Flabio relies on the following key suppliers:

  • Stripe (USA) — payments
  • Fatture in Cloud (Italy) — electronic invoicing
  • Cloudflare (USA) — CDN, DNS, custom hostnames
  • AWS SES or Mailgun — transactional email
  • Sentry — error monitoring
  • Hetzner Online GmbH (Germany) — infrastructure hosting

The current list of sub-processors and the purposes of processing are set out in t_dpa § 7. Substantial changes are notified 30 days in advance.

19. Acceptance

Acceptance takes place on completing the onboarding wizard (/admin → terms step). For documents marked mandatory=true, the tenant must give explicit consent by ticking the relevant boxes.

END OF DOCUMENT — v2.0 — 13 July 2026

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