Terms of Service

Effective Date: 2025-06-01

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE BOMDIU PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE BOMDIU PLATFORM.

Preamble

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("User," "You"), and Bomdiu ("Company," "We," "Us," or "Our"), concerning your access to and use of the Bomdiu online platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform").

The Platform provides a business-to-business (B2B) service that enables food distributors and suppliers ("Suppliers") to receive, process, and manage orders from restaurants, cafeterias, bars, and other food service establishments ("Buyers"). Suppliers and Buyers are collectively referred to as "Users."

These Terms shall govern the use of the services rendered by the Company through the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform.

1. Definitions

In these Terms, the following terms shall have the meanings ascribed to them below:

"Agreement" refers to these Terms of Service.
"Platform" refers to the Bomdiu proprietary software, accessible via the web, which facilitates order management between Suppliers and Buyers.
"Services" means the functionalities provided by the Platform, including but not limited to order placement, processing, tracking, and communication tools.
"User" means any legal entity, including its employees and authorized agents, that registers for and uses the Platform, whether as a Supplier or a Buyer.
"Supplier" means a User that offers and sells food and beverage products through the Platform.
"Buyer" means a User that purchases food and beverage products through the Platform.
"Order" means a request submitted by a Buyer to a Supplier for the purchase of products via the Platform.
"User Content" means all data, information, text, graphics, and other materials that a User uploads, posts, or otherwise transmits through the Platform, including product listings and order details.
"Intellectual Property Rights" means all patents, copyrights, trade secrets, trademarks, and other proprietary rights.

2. Scope and Nature of Services

2.1. Bomdiu provides a neutral, intermediary platform to facilitate transactions between Suppliers and Buyers.

2.2. The Company's role is strictly limited to providing the technological infrastructure for such transactions. The Company is not a party to any transaction between Users, nor is it a reseller, distributor, or agent for any Supplier.

2.3. The Company does not control, and is not responsible for, the quality, safety, legality, or pricing of products offered by Suppliers, the accuracy of listings, the ability of Suppliers to sell products, or the ability of Buyers to pay for them. All contracts of sale are concluded exclusively between the Supplier and the Buyer.

2.4. The Company operates as a provider of a software-as-a-service (SaaS) order management platform. The Company has no involvement in the physical handling, distribution, or delivery of goods. All responsibilities and liabilities related to the products themselves, including their fulfillment and distribution, rest exclusively with the Supplier.

3. Account Registration and Security

3.1. To access the Services, Users must register for an account. Users must be legal business entities authorized to operate in their jurisdiction.

3.2. You represent and warrant that all information provided during registration is accurate, complete, and current. You agree to maintain and promptly update your account information.

3.3. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify the Company immediately of any unauthorized use of your account.

4. User Obligations and Acceptable Use

4.1. Users shall comply with all applicable laws and regulations in connection with their use of the Platform, including but not limited to laws related to food safety, labeling, taxation, and commerce.

4.2. Users shall not use the Platform for any unlawful purpose or in any way that could harm the Company, its reputation, or the operation of the Platform. Prohibited activities include, inter alia:

a. Engaging in fraudulent activities;

b. Infringing upon the Intellectual Property Rights of the Company or any third party;

c. Uploading or transmitting viruses, malware, or any other malicious code;

d. Interfering with the security or integrity of the Platform.

4.3. Users are solely responsible for all User Content they provide.

4.4. Buyers are solely responsible for the accuracy, completeness, and verification of all Order details prior to submission. The Company shall bear no liability or responsibility for any errors, omissions, or inaccuracies in Orders placed by Buyers.

4.5. Suppliers are solely responsible for the fulfillment of Orders and for the quality, safety, and legality of the products they provide. Suppliers are exclusively responsible for all aspects of logistics and distribution of goods ordered through the Platform.

5. Orders, Payments, and Fees

5.1. The Platform enables Buyers to place Orders with Suppliers. The formation of a contract for sale is concluded upon a Supplier's acceptance of an Order. 5.2. Payment processing for Orders may be facilitated through third-party payment gateways. Users shall be subject to the terms and conditions of such third-party providers. Bomdiu is not liable for any issues arising from payment processing. 5.3. The Company may charge fees for the use of its Services ("Service Fees"). Any applicable Service Fees will be disclosed to you prior to your use of the fee-based Service. All fees are non-refundable, except as required by law.

6. Intellectual Property Rights

6.1. The Company and its licensors retain all right, title, and interest in and to the Platform and its underlying technology, including all related Intellectual Property Rights. 6.2. The Company grants Users a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended B2B purpose, subject to these Terms. 6.3. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and providing the Services.

7. Data Protection and Privacy

7.1. The Company is committed to protecting User data in compliance with the General Data Protection Regulation (GDPR) and other applicable EU data protection laws. 7.2. Our collection, use, and disclosure of personal data in connection with the Platform are described in our Privacy Policy, which is incorporated by reference into these Terms.

8. Confidentiality

8.1. "Confidential Information" shall include all information exchanged between parties in connection with the use of the Platform that is not publicly known. 8.2. Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to use it for any purpose other than the performance of this Agreement.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9.2. Limitation of Liability. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Platform; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

11. Term and Termination

11.1. These Terms shall remain in full force and effect while you use the Platform. 11.2. We may suspend or terminate your account and your access to the Platform at our sole discretion, without notice or liability, for any reason, including for breach of these Terms. 11.3. You may terminate your account at any time by following the instructions on the Platform. 11.4. Upon termination, your right to use the Platform will immediately cease.

12. Amendments to the Terms

12.1. The Company reserves the right, in its sole discretion, to modify or replace these Terms at any time.

12.2. We will provide Users with reasonable prior notice of any material changes. What constitutes a material change will be determined at our sole discretion.

12.3. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.

13. Governing Law and Jurisdiction

13.1. These Terms and your use of the Platform are governed by and construed in accordance with the laws of Greece, without regard to its conflict of law principles.

13.2. The parties agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts of Thessaloniki.

14. Dispute Resolution

14.1. The parties shall attempt to resolve any dispute arising out of this Agreement through amicable negotiations.

14.2. In accordance with EU Regulation on online dispute resolution for consumer disputes, the European Commission has established an Online Dispute Resolution (ODR) platform. While this platform is primarily for consumers, we are providing the link for informational purposes: [http://ec.europa.eu/odr].

15. Miscellaneous Provisions

15.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Platform.

15.2. Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15.3. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5. Force Majeure. Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control.

16. Contact Information

For any questions regarding these Terms of Service, please contact us at:

Bomdiu Ltd
Thessaloniki, Greece
[email protected]
https://bomdiu.com