HungryPort Terms of Service
Effective Date: January 1, 2025
Welcome to HungryPort, a service provided by Blomos OÜ (“we,” “us,” or “our”). By using our services, you (“customer,” “you,” or “your”) agree to the following Terms of Service. Please read them carefully before using HungryPort.
1. Description of Service
HungryPort is a software-as-a-service (SaaS) platform that automates social media advertising for restaurants and similar businesses. The platform monitors social media posts, identifies high-performing content, and automatically converts it into optimized ads for targeted audiences.
2. Account Registration, Assets & Responsibilities
To use HungryPort, you must register an account and provide accurate business details.
You are responsible for maintaining the security of your account credentials.
You must provide us with the necessary assets to run ads, including but not limited to:
- Facebook Page
- Instagram Account
- Meta Ad Account
- Any other required permissions for automated ad management.
You remain fully responsible for covering the costs of the actual ads on Meta (Facebook & Instagram).
You must comply with all applicable advertising platform policies (e.g., Meta's Advertising Policies) while using our services.
3. Free Trial & Subscription Plans
We offer a 30-day free trial for new customers.
After the trial, continued access requires a paid subscription.
We offer two subscription options:
- Monthly Plan: €89/month for one brand and location.
- Yearly Plan: Available at a discounted rate (pricing available upon request).
Additional pricing:
- +€69/month for an additional brand.
- +€29/month for an additional location.
Fees are billed in advance and are non-refundable.
You may cancel anytime, but cancellation will only be effective at the end of the current billing period.
4. Use of Customer Assets
By using HungryPort, you grant us the right to use your name, logo, social media content, and social media audience for marketing, case studies, and promotional materials.
We will not disclose your specific advertising performance metrics (e.g., ad spend, conversions, engagement numbers) unless explicitly agreed upon in writing.
If you wish to opt out of this clause, you must notify us in writing at privacy@hungryport.com.
5. Payment & Billing
Payments are processed via Stripe or another third-party payment provider.
If a payment fails, your account may be suspended until the balance is settled.
Any applicable taxes will be added to the subscription price as required by law.
6. Data Privacy & Security
We collect and process personal and business data as described in our Privacy Policy.
We rely on third-party services (Stripe, Meta, Google, HubSpot) for processing payments and managing analytics.
We employ industry-standard security measures, including encryption, secure data storage, and access controls, to protect user information.
You may request data deletion by contacting privacy@hungryport.com.
7. Termination & Cancellation
You may cancel your subscription at any time, with access remaining until the end of the paid period.
We reserve the right to suspend or terminate your account if you violate these terms or the policies of the advertising platforms we integrate with.
8. Operation of Service
We reserve the right to modify, suspend, or discontinue any aspect of HungryPort at any time without liability.
We may conduct routine maintenance, which may result in temporary downtime.
We are not responsible for any loss of data or business interruptions resulting from service modifications or outages.
9. Intellectual Property
All intellectual property related to HungryPort, including software, trademarks, and branding, remains the exclusive property of Blomos OÜ.
You may not reproduce, distribute, or create derivative works based on HungryPort without explicit written permission.
10. Third-Party Services
HungryPort integrates with third-party services such as Meta, Google, and Stripe. We are not responsible for any downtime, data breaches, or other issues caused by these providers.
Your use of third-party services is subject to their respective terms and policies.
11. Disclaimer of Warranties
HungryPort is provided “as is” and “as available,” without any warranties of performance or fitness for a specific purpose.
We do not guarantee specific ad performance results, as outcomes depend on numerous external factors (e.g., ad budget, content quality, audience behavior).
We are not responsible for any actions taken by third-party advertising platforms, including but not limited to account restrictions or ad disapprovals.
12. Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages, including loss of revenue, business opportunities, or advertising expenses.
Our maximum liability under this agreement shall not exceed the total fees paid by you in the three (3) months preceding any claim.
13. Indemnification
You agree to indemnify and hold harmless Blomos OÜ, its affiliates, employees, and partners from any claims, damages, or liabilities arising from your use of HungryPort.
This includes, but is not limited to, any violations of third-party advertising policies or misrepresentations of your business.
14. Force Majeure
We are not liable for delays or failures in performance due to events beyond our control, including but not limited to natural disasters, power outages, cyberattacks, or government restrictions.
15. Governing Law
These terms are governed by the laws of Estonia, where Blomos OÜ is legally registered.
Any disputes shall be resolved in Estonian courts, unless otherwise agreed.
16. Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent.
We may assign or transfer our rights and obligations under these terms without restriction, including in connection with a merger, acquisition, or sale of assets.
17. GDPR Compliance
We comply with the General Data Protection Regulation (GDPR) regarding the collection, processing, and storage of personal data for EU users.
- User Rights:
- Users have the right to access, correct, delete, or restrict the processing of their personal data. Requests can be made by contacting privacy@hungryport.com.
- Data Retention:
- We retain personal data only as long as necessary for business and legal purposes. Inactive user data will be deleted after one year unless further retention is legally required.
- Legal Basis for Processing:
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We process personal data under the following lawful bases:
- User consent
- Performance of a contract
- Compliance with legal obligations
- Legitimate business interests
- Cross-Border Data Transfers:
- If personal data is transferred outside the EU, we ensure appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) or other approved mechanisms.
We comply with the General Data Protection Regulation (GDPR) regarding the collection, processing, and storage of personal data for EU users.
Users have the right to access, correct, delete, or restrict the processing of their personal data by contacting privacy@hungryport.com.
18. California Consumer Privacy Act (CCPA)
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including:
- Right to Know:
- You may request details about the personal information we collect, use, and disclose.
- Right to Delete:
- You can request that we delete any personal information we have collected, subject to legal exceptions.
- Right to Opt-Out:
- You can opt out of the sale of your personal information. However, HungryPort does not sell personal data.
- Right to Non-Discrimination:
- Exercising your CCPA rights will not result in discriminatory treatment by us.
How to Exercise Your Rights: California residents may submit requests regarding their data by contacting privacy@hungryport.com.
Verification: To protect user privacy, we may require identity verification before processing data requests.
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including the right to request access to your personal data and to opt out of its sale.
We do not sell personal data, but users may contact privacy@hungryport.com to exercise their rights.
Contact
For any questions regarding these Terms of Service, please contact us at privacy@hungryport.com.
© 2025 Blomos OÜ. All rights reserved.