Terms of Service
These Terms of Service are a draft prepared for launch. They should be reviewed by qualified legal counsel before public reliance.
Agreement
These Terms of Service ("Terms") are a contract between you and Felist Limited ("Félist", "we", "us", or "our") governing your use of the Félist mobile app, website, and related services (the "Service").
Our Privacy Policy at felist.app/privacy is incorporated into these Terms.
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service
Félist helps you discover independent cafés in the Greater Toronto Area and, where available, place order-ahead pickup orders.
Café listings, hours, menus, and availability are provided for convenience and may be incomplete or inaccurate. We do not guarantee that any café, menu item, or pickup time will be available.
Eligibility and accounts
- You must be at least 13 years old to use the Service.
- You must provide accurate account information and keep your credentials secure.
- You are responsible for activity under your account.
- If you use Sign in with Apple, you also agree to Apple’s applicable terms.
Location
Location access is optional. You may search for a city or area without granting GPS permission. If you grant location access, we use it to show nearby cafés and distances on your device.
Orders and payments
When order-ahead is available at a participating café:
- The café — not Félist — is the seller of the food and beverages you order. Your payment is processed through the café’s Square account.
- Prices, taxes, and item availability are set by the café and shown before you pay.
- A Félist platform fee of five percent (5%) is added to your order total as a separate line item.
- Card payments are processed by Square. Félist does not store your full card number.
- You must provide a pickup name and comply with the café’s pickup instructions.
- Placing an order is an offer to purchase from the café. The café may reject or cancel orders (for example, if an item is unavailable).
Prohibited items and conduct
You agree not to:
- Order alcohol or other restricted items through the Service. Félist is for coffee and barista drinks only. We may disable ordering where menus violate this policy.
- Use the Service unlawfully, fraudulently, or to harass others.
- Attempt to interfere with the security or operation of the Service.
- Scrape, reverse engineer, or misuse café or user data except as permitted by law.
Cancellations, refunds, and disputes
Because the café is the seller, fulfilment issues (wrong item, quality, or pickup problems) should first be resolved with the café.
Payment disputes and chargebacks are handled under Square’s and the café’s payment policies.
If you believe there was a platform error (for example, duplicate charge or failed order creation after payment), contact support@felist.app with your order details. We may, at our discretion, facilitate a refund or credit of the Félist platform fee portion for clear platform errors.
We do not guarantee refunds for change-of-mind cancellations once an order has been accepted by the café.
Intellectual property
The Service, including branding, editorial content, and software, is owned by Félist or its licensors. Café names, logos, and photos may belong to third parties.
You receive a limited, non-exclusive licence to use the Service for personal, non-commercial purposes.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We do not control café operations, food preparation, or third-party services such as Square.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FELIST LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FÉLIST PLATFORM FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY CANADIAN DOLLARS (CAD $50).
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold harmless Félist and its affiliates from claims arising out of your misuse of the Service or violation of these Terms, except to the extent caused by our gross negligence or wilful misconduct.
Termination
You may stop using the Service at any time and delete your account in the app (Account → Login details → Delete account).
We may suspend or terminate access if you violate these Terms or if we discontinue the Service.
Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.
You agree that the courts located in Ontario, Canada have exclusive jurisdiction over disputes arising from these Terms or the Service, except where prohibited by mandatory consumer protection law.
This clause is subject to review by legal counsel given that Félist is a UK company serving Canadian users.
Changes
We may update these Terms. We will post the updated version at felist.app/terms. Continued use after changes become effective constitutes acceptance.
Contact
Questions about these Terms: support@felist.app
Felist Limited, Office 1569, 3 Fitzroy Place, Glasgow, Scotland, G3 7RH, United Kingdom
D-U-N-S: 234856298