Terms & Conditions

1. GENERAL PROVISIONS

FELFEL USA Corporation, 30 West 21st Street, 5th Floor, New York, NY 10010 (“FELFEL,” “we,” “us”) supplies FELFEL refrigerators and other devices (“FELFEL Devices”) located in the offices of its business clients and sells its food and beverage products (“FELFEL Products”) to such clients’ employees and other authorized individuals (“Customers,” “you”).

These Terms & Conditions (“Terms”) govern the sale of FELFEL Products to Customers and the handling of personal information in connection therewith. These Terms apply to all purchases made by Customers from FELFEL Devices or through the FELFEL website or app. By registering an account or purchasing a FELFEL Product, you agree to these Terms.

2. REGISTRATION AND MEANS OF PAYMENT

Before your first purchase, FELFEL creates a personal account for you by registering you on the FELFEL website with your first and last name and business email address. This information is provided to FELFEL by your employer with your consent. If your account is not set up by FELFEL, you must register yourself before your first purchase, providing the same information; if no business email address is available, a personal email address may be used. You agree to provide true and accurate information and to keep it up to date.

You must add a payment method to your personal account for payment purposes. A payment method may also be added at a later time; however, FELFEL reserves the right to demand payment of outstanding amounts at any time and to pursue collection where necessary. You authorize FELFEL to charge your payment method on file for each purchase you confirm.

You may add credit to your personal account up to a maximum balance of USD 500. Credit is associated with your personal account and can be used only for the purchase of FELFEL Products. No interest is paid on credit balances. While the contractual relationship between FELFEL and your employer is in effect, credit balances cannot be paid out in whole or in part. After the relationship between FELFEL and your employer ends, any remaining credit will be refunded upon request, exclusively to the same person and the same payment method used to add the credit. You may, through the gift feature, transfer up to USD 500 per calendar year from your FELFEL account to another FELFEL Customer’s account, provided the recipient does not thereby exceed the USD 500 limit. Successfully transferred credit can no longer be refunded to the transferring Customer. Credit balances do not expire and are not subject to inactivity or service fees. Unclaimed balances may be subject to applicable state unclaimed property (escheat) laws.

3. Purchase; Disclaimers; Limitation of LiabiliTY

You check in to the FELFEL Device using your personal badge or other authorized credential. After choosing a FELFEL Product, you scan it and confirm the selection. Your confirmation on the FELFEL Device concludes the purchase, and the purchase price (plus applicable sales tax) is automatically charged to your payment method on file or deducted from your credit balance.

Pricing and product availability are as displayed on or in the FELFEL Device at the time of purchase. Please review product labels for ingredient and allergen information. If you have concerns about a product you purchased, contact support@felfel.com.

To the maximum extent permitted by applicable law, felfel products and the felfel service are provided “as is,” and felfel disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by applicable law, felfel’s aggregate liability arising out of or relating to these terms or any purchase shall not exceed the greater of the amount you paid to felfel in the twelve (12) months preceding the claim or usd 100, and felfel shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Nothing in these Terms disclaims or limits liability for death or personal injury caused by FELFEL’s negligence, for fraud, for gross negligence or willful misconduct, or for any other liability that cannot be disclaimed or limited under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages, so some of the above limitations may not apply to you; in that case, FELFEL’s liability is limited to the fullest extent permitted by applicable law.

4. PRIVACY

4.1 Scope and Consent

This Section describes how FELFEL collects, uses, and shares personal information in connection with the FELFEL service, and supplements FELFEL’s Privacy Policy available at felfel.com/privacy. In the event of a conflict, the Privacy Policy controls. By accepting these Terms and using the service, you consent to the processing of your personal information as described herein, to the extent such consent is required by applicable law.

4.2 PURPOSES OF PROCESSING

FELFEL processes personal information to provide and improve the service, including: evaluation, statistics, and marketing with the aim of providing optimal quantities and types of FELFEL Products and bringing new products to Customers’ attention; ensuring high quality and a broad range of services; reducing food waste through accurate data analysis; improving customer loyalty, including analyses based on existing customer profiles that allow monitoring of purchasing behavior and the creation of consumption profiles; and verifying the inventory of FELFEL Devices remotely.

4.3 Information We Process

When you register and purchase FELFEL Products, a customer profile is created. It consists of the information provided during registration and your purchase data (for example, place and time of purchase, product-specific data, and use of discounts), together with any information you provide voluntarily.

4.4 VIDEO RECORDING

To ensure correct inventory of FELFEL Devices, a video camera may be installed inside a FELFEL Device. Every FELFEL Device containing a camera is labeled with a corresponding notice. Cameras are positioned so that they record only the interior of the FELFEL Device where the FELFEL Products are placed. No audio is recorded, and no areas outside the FELFEL Device are recorded; only the hand (and part of the arm) reaching for products is captured. FELFEL automatically logs which Customer unlocked the door with their personal badge. Video recordings are used solely for inventory-control and loss-prevention purposes, are not used for marketing, and are reviewed only upon relevant events (for example, an inventory discrepancy).

4.5 Marketing Communications

FELFEL may send you personalized promotional offers for FELFEL Products by email. You may opt out of marketing emails at any time via the unsubscribe link in each email or by contacting support@felfel.com. FELFEL does not sell your personal information.

4.6 DISCLOSURE

FELFEL supports its suppliers in improving their products and marketing through aggregated data analysis. FELFEL does not disclose individual customer data to third parties, except: to service providers acting on FELFEL’s behalf under confidentiality obligations; in connection with relevant events (for example, suspected theft); as required by law, legal process, or governmental request; or where necessary to protect the rights, property, or safety of FELFEL, its Customers, or others.

4.7 SECURITY

FELFEL maintains reasonable administrative, technical, and physical safeguards designed to protect personal information against loss, misuse, and unauthorized access or alteration. Video recordings are stored on a secured server accessible only to specific authorized persons responsible for security and theft investigations.

4.8 YOUR RIGHTS

Depending on your state of residence, you may have rights under applicable U.S. state privacy laws, including the right to access, correct, or delete your personal information. Requests may be submitted by email to support@felfel.com; for security reasons, requests can be processed only for the data of the verified sender.

4.9 Retention and Deletion

If you request deletion of your personal information, FELFEL will deactivate your account and delete or anonymize your data, subject to applicable retention obligations. FELFEL also automatically deletes or anonymizes personal information that is no longer required for the purposes described herein. Video recordings are generally retained for 10 days; this period may be extended in connection with relevant events (for example, repeated removal of products without payment) or in the absence of responsible personnel.

4.10 CONTACT

FELFEL USA Corporation is responsible for the processing described in this Section. Privacy inquiries and requests may be directed to support@felfel.com.

5. Arbitration Agreement and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, the FELFEL service, or any purchase of FELFEL Products that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator. The arbitration shall take place in New York, New York, or, at your election, in the county of your residence or by remote means as permitted by the AAA rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Either party may instead bring an individual claim in small claims court if it qualifies. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and nothing herein waives claims or remedies that cannot be waived under applicable law.

You and FELFEL each waive the right to a trial by jury and the right to participate in a class, collective, or representative action. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate claims of more than one person. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

Right to opt out: You may opt out of this arbitration agreement by emailing support@felfel.com within 30 days of first accepting these Terms, stating your name, the email address associated with your account, and your intent to opt out of arbitration. Opting out will not affect any other provision of these Terms.

6. FINAL PROVISIONS

6.1 Changes to These Terms

FELFEL may amend these Terms from time to time. The current version will be published at felfel.com/terms-conditions, and FELFEL will provide notice of material changes by email or through the service before they take effect. Changes apply prospectively; your continued use of the FELFEL service after the effective date of an amended version constitutes acceptance of the amended Terms. Material changes to Section 5 (Arbitration) will not apply to disputes arising before the change.

6.2 Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration under Section 5, the state and federal courts located in New York County, New York shall have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there.

6.3 Miscellaneous

If any provision of these Terms conflicts with mandatory applicable law or is held unenforceable, that provision shall be modified to the minimum extent necessary or replaced by the corresponding mandatory legal provision, and the validity of the remaining provisions shall remain unaffected. These Terms constitute the entire agreement between you and FELFEL regarding purchases of FELFEL Products and supersede prior versions. FELFEL’s failure to enforce any provision is not a waiver.