By using the Sped Service, you agree to be bound by these User Terms of Service.

Please read the following Terms of Service carefully before using the Sped Service. If you do not agree with the Terms of Service, you cannot use the Sped Service. These Terms of Service apply to any use of the Sped Service and to the Purchase Agreements made hereunder. A more detailed description of the Sped Service and information on system requirements is available at sped.fi.

If you have a Sped for Work Account, these Terms of Service also apply to our customer organization which has granted you the Sped for Work Feature (“Customer Organization”) with respect to Orders made by you through the Sped for Work Feature. If there is any discrepancy between these Terms of Service and the Sped Corporate Terms & Conditions applicable to the Customer Organization, the Sped Corporate Terms & Conditions shall, however, prevail.

The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Sped App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

1. Definitions

"Courier Partner" means an independent contractor who has signed a partner agreement with Sped and that is a natural or legal person, or their substitute, performing delivery services through Sped Service.

“Partner” means a restaurant, retail shop or other service partner who has signed a partner agreement with Sped, or their substitute, and who, as a trader, offers its products and delivery or other services for sale through the Sped Service. Unless otherwise specified in the Sped Service, all Partners are traders within the meaning of consumer protection laws of your country.

“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery or other services made on an Order. With respect to Orders placed through the Sped for Work Feature, the Purchase Agreement forms a binding agreement between the Partner and the Customer Organization. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Partner and the User.

“User” means a natural person using the Sped Service. The User must be of the age of 18 or older.

“Sped” means:

Sped, Pursitie 7, 80160, Joensuu, Finland, if the User is located in Finland

“Sped App” means a digital application called Sped provided by Sped for natural and legal persons to order products from Sped’s Partners.

“Sped for Work Account” means a user account in the Sped App onto which the Sped for Work Feature has been added.

“Sped for Work Feature” means the payment method and feature of the Sped App through which the Customer Organization’s authorized Users can make Orders at the Customer Organization’s cost.

“Sped Service” means both Sped App and Sped website sped.fi and other additional locations as mentioned at sped.fi.

2. Identity of Sped

Sped, Pursitie 7, 80160, Joensuu, Finland, business ID 3352400-3, VAT ID FI*****, if the User is located in Finland,

Trade name: “Sped Technology",

Email address: support@sped.fi.

*Please note that while the Sped Service is legally provided to you by your local Sped entity in these countries, the payment service is arranged by Sped through a third party payment service provider. This also means that Sped will assist you with possible refunds, complaints and other claims related to your transactions in the Sped Service. You may thus contact Sped directly at the contact details provided above in case of any dispute or claim related to the Sped Service with Sped and the Partners.

Information about the identity and products and services of the Partners are provided in the Sped Service.

3. Description of the Sped Service

3.1. Sped provides a technology platform that connects Users, Partners and Courier Partners. Sped's technology permits the Users to place orders for food and/or other goods from various Partners and Users may also order delivery services. Sped is not a restaurant, delivery company, or food preparation business.

3.2. The Partner provides the information about their products and possible services in the Sped Service, including but not limited to information on product characteristics, allergens and instructions of use. If you have allergies or other dietary restrictions or for other reason wish to receive more detailed information about the products, please contact the relevant Partner. You can also contact Sped's customer support who can contact the Partner on your behalf for such enquiries. The Partner is however responsible for providing accurate, up-to-date and legally required information about the products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Partner’s products and possible services may be subject to additional terms and conditions of the Partner or Sped on a case-by-case basis as set out in the Sped Service.

3.3. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User herein and in the Sped Service before placing the order (“the Order”). After having received the Order, Sped will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Sped has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization and the Partner enter into the Purchase Agreement for the purchase of the Partner's products and, if applicable, delivery or other services. In some cases, the Purchase Agreement for the purchase of the delivery service is entered into with Sped instead of the Partner, as reflected on the receipt. Sped will provide the User with a receipt on behalf of the Partner, unless regulation in the country where the User is located requires that the Partner provides the receipt directly to the User, for the products and, to the extent applicable, for the delivery services. The fulfilment of the Order is subject to availability, and Sped reserves a right, in its sole discretion, to cancel or not to accept an Order.

3.4. If delivery services are ordered, the platform notifies a Courier Partner that a delivery opportunity is available and the technology facilitates completion of the delivery to the User. Partners or Sped charge Users a delivery fee and service fee for the delivery services as defined in more detail in the Sped Service where relevant.

3.5. The Partner selected by the User will prepare and/or collect and pack the products set out on the Order. Sped is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. While Sped is not ultimately liable for the delivery services provided by Courier Partners, Sped may facilitate any compensation to Users for faulty delivery services.

3.6. When you use the Sped Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Sped Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Partner determines in its sole discretion the selection and pricing of their products available on the Sped Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.

4. Right of revocation

4.1. You cannot withdraw from or cancel an Order for products or services once you have placed it, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a product or service you should carefully review your selection.

4.2. If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions of the country where you are located. Consumer in the sense of these Terms of Service means any natural person who uses the Sped Service and places Orders for a purpose which predominantly cannot be attributed to their commercial or their self-employed professional activity.

4.3. Sped follows the limitations of consumers' statutory cancellation rights as set out in applicable laws, according to which the right of revocation shall not exist for Purchase Agreements concerning certain items, including, but not limited to, the following:

products such as foodstuffs which are perishable or which may quickly pass their expiration date,

products made to your specifications or clearly personalized,

sealed products which are not suitable for return due to health protection or hygiene reasons, if such products were unsealed after the delivery,

products which, according to their nature, are inseparably mixed, after delivery, with other items,

sealed games, movies or computer software which were unsealed after delivery.

4.4. You have the right to revoke the Purchase Agreement of products, for which the right of revocation exists, within 14 days from the day of delivery of the products on the Order without giving a reason for the cancellation. In order to exercise your right of revocation, you must inform Sped of your decision to cancel by means of a clear statement (e.g., an email or a message sent through Sped’s in-app customer service chat) within the said time period of 14 days. The Partner as the trader of the products on your Order has authorized Sped to receive the revocation notification on the Partner’s behalf. In case the Partner has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Sped Service if explicitly mentioned in the descriptive details for the Partner on the Sped Service. If you wish, you can use the below model revocation form for making the revocation notification by filling in the information in the form and sending the information to Sped, which information shall also be forwarded by Sped to the respective Partner:

Model revocation form

- To: [insert the name of the Partner, the Partner’s address and the Partner’s email address]:
- Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature(s) of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable.

4.5. If you revoke the Purchase Agreement, Sped will refund to you all payments we have received from you, including the delivery fee (and service fee where applicable) no later than 14 days from the date on which we received notice of your revocation of the Purchase Agreement or a part thereof. Note that the delivery fee (and service fee where applicable) will not be returned in case of only a partial revocation of your Order.

4.6. For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the Order with Sped credits, we shall refund you in Sped credits. Sped may refuse a refund until the Partner has received the products back or until you have provided proof that you have returned the products, whichever is earlier.

4.7. You must return or send the products to the same Partner in the same location from which you made the Order. The contact details of the Partner’s point of sale are available on the Sped Service. You have to return the products to the Partner as soon as possible and in any case no later than 14 days after the day on which you notified us of the revocation of the Purchase Agreement. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.

4.8. You shall bear the direct costs of returning the products. The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.

4.9. Sometimes it may be possible that some of the Partner’s products that you wish to purchase through the Sped Service are temporarily out of stock. For such cases and to the extent the Partner has enabled substitutions, you may choose, prior to confirming your Order, whether you want to allow the Partner to substitute a missing item with a similar item. If you have allowed substitutions for a certain or all items in your Order, the Partner will substitute such missing items in accordance with the following principles: (i) the substitute will be chosen based on what the Partner considers to be the most appropriate substitute so that it corresponds as much as possible to the quantity, quality and price of the original item in the Order; (ii) substances typically causing allergies shall be carefully taken into account so that for example a lactose-free item is only substituted with a lactose-free item and a gluten-free item is only substituted with a gluten-free item; (iii) diet or light drink is substituted with a diet or light drink; (iv) organic is substituted with organic; and (v) domestically produced is substituted with domestically produced. However, please note that a substituted item may be of different flavour than the originally ordered item. You will not be charged for any additional fees or costs for a substituted item compared to the price of the original item in your Order. Should the price of the substitute be lower than the price of the original item in your Order, you will be charged the price of the substitute item.

5. User Accounts

5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Sped Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Sped App downloaded from Apple’s App Store is further limited to a license to use the Sped App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service.

5.2. In order to use the Sped Service, the User must create a user account by following the registration instructions in the Sped Service. The Sped Service credentials are personal (unless otherwise agreed between Sped and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.

5.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Sped thereof. The User shall be responsible for any use of the Sped Service and any activity under the user account of the User.

5.4. In order to use the Sped Service, you must submit valid credit card or other payment method information to Sped. Sped does not store information of your payment instrument, as this is done by a third party payment service provider used by Sped. You agree to pay for all purchases arising from your use of the Sped Service except for purchases made through the Sped for Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.

6. Payments

6.1. The User, or the Customer Organization in case of Sped for Work Account, will pay the purchase price set out in the Order by using the relevant payment functionality of the Sped Service. Sped, or the Sped group company authorized by Sped, collects all payments from the Users or the Customer Organizations on behalf of the Partner. If the Order is made by using the Sped for Work Feature, the User confirms the payment on behalf of the Customer Organization through the Sped for Work Feature. The User’s or Customer Organization’s payment obligation shall arise upon placing an Order through the Sped Service.

6.2. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Sped Service. When the User, or the Customer Organization in case of Sped for Work Account, has paid the purchase price to Sped, the User or the Customer Organization has fulfilled its payment obligation towards the Partner.

6.3. In Finland, you can fulfil your payment obligation by using a lunch benefit as payment method, if the Sped Service is compatible with the lunch benefit provided by your employer. You are responsible for ensuring that the Order costs of food products and delivery services paid with the lunch benefit does not exceed the limit of the lunch benefit’s daily value. The amount exceeding this value can be paid with another acceptable payment method in the Sped Service. You are obligated to comply with the tax administration’s guidelines regarding use of the lunch benefit. Please note for example that the lunch benefit is personal and does not cover purchase of gift cards, utility products, groceries, convenience food or processed food. You are therefore not entitled to buy such products with the lunch benefit through the Sped Service.

6.4. The payment will be automatically charged from the User’s credit card, lunch benefit or charged through the Customer Organization’s Sped for Work Feature, upon delivery of the Order. Sped is entitled to make an authorisation hold on behalf of the Partner on the User’s credit card, lunch benefit or Customer Organization’s Sped for Work Feature once the Order has been placed through the Sped Service. Sped uses a third party payment service provider for processing of payments.

6.5 In certain situations and payment methods the purchase price may vary slightly due to technical foreign exchange rate exchanges between currencies as part of the payment process. Sped assumes no liability in these currency conversion differences and cannot predict the exact amount to be charged when using payment instruments subject to foreign exchange rate conversions.

6.5. The maximum value of a cash order is detailed in the Sped Service, as applicable. Refunds in cash orders will be made in Sped credits or via another appropriate or legally required method. If a User who has made a cash order is not in the agreed place of delivery at the agreed time or 5 minutes thereafter, Sped's customer support will contact the User and agree on an appropriate arrangement for the payment. If the customer support cannot reach the User within 24 hours of the no-show, Sped will take appropriate measures which may include disabling the cash option from the User or even disabling the User's account in the Sped Service for further Orders.

6.6. When you add products sold by weight in your Order, Sped will not know their exact weight until the products are weighed by the Partner. For such weight-based products, any price per product shown on Sped Service is only an estimate given by the Partner. The final price of the weight-based product in your Order will be determined and charged based on the actual weight of the product you receive. To cover for possible price adjustments caused by weight variation, Sped will make a temporary authorization hold on your card, or, in case you have chosen Cibus as your payment method, a temporary charge. The amount of the temporary authorization hold or charge will be at maximum 20% of the value of weight-based products included in your Order. In case the product in your Order weighs less than as indicated in your Order confirmation, Sped will refund you the price difference. In case the product in your Order weighs more than as indicated in your Order confirmation, Sped will charge you the price difference from the temporary authorization hold or charge made for weight-based products. Any part of the temporary authorization hold or charge that is not needed for covering for a price adjustment will be returned or refunded to your card. Please note that for payments made with Cibus, any refund will be made in Sped credits.

7. Sped credits and tokens

7.1. The Users of the Sped Service can obtain Sped credits or tokens e.g. by inviting new users to sign up to the Sped Service ("Referral Program"). Under the Referral Program, Sped may offer its Users the opportunity to earn the opportunity to earn Sped credits or tokens as promotional rewards by inviting their eligible friends to register as new Sped Users and place their initial order through the Sped Service. For each qualified referral, the User may receive credits or tokens as specified on Sped Referral Program Terms. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.

7.2. Users can share your Referral Program code on social media or as a message by pasting the link from your user profile and inserting it where you wish. Your friends will get Sped credits when they use your code for their first order.

7.3. The Users of Sped Service can also obtain Sped credits or tokens through promotional campaigns established by Sped from time to time. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Sped; (iii) are subject to the specific terms that Sped establishes for such promotion or campaign. For instance, promotional offers may be available for certain Users only or may be limited to be used through specific Partners or at a specific time of the day.

7.4. Sped may unilaterally determine the conditions applicable to the granting, use and validity of the Sped credits and tokens.

7.5. Any signing-up bonus credits or tokens can be used only once.

7.6. The Users can use Sped credits and tokens to get discount on their purchases only in the Sped Service and subject to the specific terms of conditions of the specific campaign or promotion. Sped credits and tokens cannot be exchanged to cash. The validity period of the Sped credits and tokens you may have received is specified in the Sped Service. Upon expiration, credits and tokens will be removed from your account. Expired credits and tokens are no longer redeemable and cannot be used towards any order.

7.7. The Sped credits and tokens will be nullified if Sped detects any abuse of Sped credits or tokens or suspects or detects that Sped credits or tokens have been granted on incorrect grounds. In such cases, Sped shall invoice the amount that was paid using such Sped credits or tokens.

8. Delivery of an Order

8.1. If the User orders the delivery of the Order through the Sped Service, the Order will be delivered to the location confirmed by the User in the Sped Service. The User also has to provide a street address for the confirmed location in the Sped Service. If no-contact delivery is applied to your Order, please note that the goods shall be deemed to be delivered when they are left at the door and the Courier Partner marks the Order status as "delivered" on the Sped Service after which you bear the risk of the items in the Order.

8.2. The User must be available to receive calls at the phone number the User has submitted to the Sped Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Sped or the Partner and the User or Customer Organization may be charged for the full price of the Order.

8.3. The User may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time, to the extent these options are available on the Sped Service at the time of placing the Order.

8.4. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location they have confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the Courier Partner making the delivery, the delivery may be cancelled by Sped or the Partner and the User or Customer Organization may be charged for the full price of the Order.

8.5. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in the Order to receive the Order.

9. Picking up and collecting an Order at the Partner’s point of sale

9.1. If the User has not ordered delivery of the Partner’s products set out in the Order, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Sped may set conditions for the identification of the User when picking up the products set out in the Order.

9.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.

10. Eat-in Order

10.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time of when the products will be ready to be consumed at the Partner’s point of sale.

11. Time estimates

11.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Sped in the Sped Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

12. Intellectual Property Rights

12.1. All Intellectual Property Rights in or related to the Sped Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Sped and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

12.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Sped Service and all rights not expressly granted hereunder are reserved by Sped and its subcontractors/licensors.

12.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Sped App or your use of it infringes any third party intellectual property right.

12.4. User grants to Sped a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by User in connection with the Sped Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Sped Service.

13. Additional Provisions for use of the Sped Service

13.1. The Sped Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.

13.2. The User shall observe all applicable rules and regulations when using the Sped Service, including with respect to the purchase of alcohol and tobacco products, medicine and other age-restricted products. To the extent delivery of age-restricted products, such as alcoholic beverages or tobacco products, is available in the country where the User is located, the User may be refused delivery of age-restricted products in case the User is unable to provide a valid government-issued photo identification document to Sped’s Courier Partner delivering the Order proving that the User is of legally required age to purchase the product(s). The User may be refused delivery of age-restricted products also in other cases stipulated by applicable rules and regulations in the country where the User is located, such as for alcoholic beverages if the User is showing signs of intoxication. In case the delivery of age-restricted product(s) is refused due to reasons described herein, Sped has the right to charge from the User two times the value of the delivery fee (and service fee if applicable) that the User paid for the Order in question as compensation for having to return the age-restricted product(s) to the Partner.

13.3. Sped is constantly developing the Sped Service and Sped may change or remove different parts of the Sped Service, including features, the products and Partners available in the Sped Service in part or in whole.

13.4. By using the Sped Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Sped generally does not review content provided by the Partners. Sped is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.

13.5. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Sped Service and all charges related thereto.

13.6. The User will not: (i) use or attempt to use another person’s personal Sped account and/or access another person’s personal payment data through the Sped Service or use another person’s personal payment cards when using the Sped Service, without consent of that other person; (ii) copy, modify or create derivative works of the Sped Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Sped Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Sped Service; (v) remove, cover or obscure any advertisement included on the Sped Service; (vi) collect, use, copy, or transfer any information obtained from the Sped Service without the consent of Sped; (vii) use bots or other automated methods to use the Sped Service; (viii) create a Sped account using a fake identity or an identity of another person; or (ix) access the Sped Service except through the interfaces expressly provided by Sped, such as the Sped App and Sped Website.

13.7. Sped is, at its sole discretion, entitled to remove or suspend a User from the Sped Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Sped Service or causes any harm or detriment to the use of the Sped Service or the Partners or Sped or Sped’s employees, (ii) Sped has reasonable belief of fraudulent acts by the User when using the Sped Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order; or (v) the User engages in threatening, harassing, racist, sexist or any other behaviour that Sped deems inappropriate towards Partners or Sped's employees or Courier Partners. If Sped cancels an Order that has already been paid for, Sped shall transfer that amount into the same user account or Sped for Work Account as the one from which the payment was made by the User.

13.8. The controller of the personal data collected about Users is Sped, unless otherwise indicated. Sped shall process any personal data collected from the User in accordance with Sped Privacy Statement.

13.9. The User must comply with applicable third party terms of agreement when using the Sped App or the Sped Service.

13.10. The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

14. Term and termination

14.1. These Terms of Service are in force as a binding agreement between Sped and the User until further notice as long as the User is using the Sped Service.

14.2. The User can discontinue the use of the Sped Service at any time. Sped can discontinue providing the Sped Service permanently or temporarily at any time.

15. Defects and complaints

15.1. Please note that the Sped Service may at any time be interrupted or permanently discontinued. The Sped Service may also be temporarily suspended. Do not use the Sped Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Sped does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Sped Service, its features or any service offered by Sped. Sped does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.

15.2. The Partner is solely liable for the contents, quality, safety and packaging of their products sold through the Sped Service and has a statutory defect liability for their products as set out in the applicable laws. You are responsible for inspecting the products in your Order without undue delay after receiving the Order. If there are any defects or other quality shortcomings in the products of your Order, then you should contact either the customer service of Sped, acting on behalf of the Partner, or the Partner directly and include a clear description of the defects or shortcomings. Regarding consumer goods, notices of defects should be made within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper investigation and verification of the defect. Please note that Sped or the Partner may ask you to send a picture of the product in question in order to document and verify the defects. In case of a defect or a non-conformity in the products of your Order, you are entitled to reimbursement in accordance with applicable laws.

15.3. The Partner is solely liable for any defects in the contents and preparation or packaging of the Order or other shortcomings in the performance of the Purchase Agreement. Sped is not responsible for the information provided by the Partner on the Sped Service and does not give any warranty on the availability, quality or suitability of the products.

15.4. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sped App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Sped App or the User’s possession and/or use of the iOS Sped App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Sped App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Sped App’s use of the HealthKit and HomeKit frameworks.

16. Applicable Law and Dispute Resolution

16.1. These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.

16.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.

16.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Sped may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile (such as, by way of example, the Finnish Consumer Disputes Board, kkv.fi/kuluttajaneuvonta, in Finland or the Polish Permanent Amicable Consumer Court at the competent Provincial Inspectorate of Trade Inspection, uokik.gov.pl, in Poland).

17. Amendments

17.1. These User Terms of Service are subject to amendments. In case of any discrepancies between these User Terms of Service and any local language version of these User Terms of Service, these terms shall prevail.

17.2. Sped shall publish the amended User Terms of Service at the Sped Website. Sped shall inform the User of any changes that are material by nature on the Sped Service or by email to the email address submitted to the Sped Service by the User. If the User does not agree to any amended Sped Terms of Service, they shall discontinue the use of the Sped Service.

18. Assignment

18.1. Sped shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Sped Service without the User’s prior consent.

18.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Updated 01.06.2023

Guidelines for Partners