PARTNER AGREEMENT
for use of the Foodhero platform
Last updated May 19, 2026
This is a simple partner framework for use of the Foodhero platform. The Partner may use Foodhero for as long as the cooperation is relevant to both parties.
By clicking "Set up account" in the Foodhero Partner Portal, the Partner accepts this Agreement and confirms that the person accepting it has the right to represent the Partner.
1. PARTIES
1.1. Alberts Boluss, Enskild Firma, registered office at Västergårdsvägen 7, 335 73 Hillerstorp, Sweden, VAT No. SE910228879301, trading under the Foodhero brand (hereinafter — Foodhero), on the one part, and
1.2. the legal entity that creates a partner account in the Foodhero Partner Portal and provides its corporate, contact and banking details there (hereinafter — Partner), on the other part, together hereinafter the Parties, conclude this Agreement (hereinafter — the Agreement).
1.3. The person who creates the account and accepts this Agreement on behalf of the Partner confirms that they have the authority to represent the Partner within this cooperation.
2. SUBJECT MATTER AND FOODHERO'S ROLE
2.1. Foodhero provides a digital platform that connects users with businesses wishing to sell surplus food at a discounted price through the Foodhero mobile app and Partner Portal (hereinafter — the Platform).
2.2. The Partner uses the Platform to offer surplus food at its sales locations in the form of "Surprise Bags" (hereinafter — Surprise Bag).
2.3. Foodhero provides reservation, payment processing, customer communication, Partner Portal and settlement functionality. Foodhero does not physically produce, package, store or inspect the Partner's food.
2.4. The food transfer transaction between the Partner and the customer is completed when the customer arrives at the location specified by the Partner, receives the Surprise Bag, and the pickup is confirmed on the Platform.
2.5. This Agreement does not create exclusivity. The Partner may also use other sales, markdown or food waste reduction solutions.
3. PARTNER ACCOUNT AND SALES LOCATIONS
3.1. The Partner provides Foodhero with the information necessary to create the account, process payouts and use the Platform, including company details, contact persons, bank account and verification information. The Partner manages its sales locations and Surprise Bag parameters in the Partner Portal.
3.2. The Partner ensures that the information shown on the Platform is true, current and updated in a timely manner.
3.3. The Partner decides which of its employees have access to the Partner's account or activity on the Platform, and is responsible for the actions of those persons on the Partner's behalf.
4. SURPRISE BAG OFFERS
4.1. The Partner manages Surprise Bag offers in the Partner Portal or with Foodhero's assistance, including category, price, available quantity, pickup time and description.
4.2. The contents of a Surprise Bag are a surprise and may vary each day depending on actual surplus food. The Partner does not need to enter every item, barcode or SKU into the Platform.
4.3. The Partner ensures that the Surprise Bag contents match the stated category and the value communicated to the customer. As a rule, the customer price of a Surprise Bag is approximately one third of the original retail value of the food included, unless the Parties agree otherwise.
4.4. The Platform is intended for the sale of surplus food. The Partner does not increase production or ordering solely for the purpose of selling on the Platform, unless the Parties separately agree on a different model.
4.5. The Partner may at any time reduce or pause future offers on the Platform, subject to the rules on canceling reservations already made.
5. CUSTOMER RESERVATION, PAYMENT AND PICKUP
5.1. The customer reserves a Surprise Bag in the Foodhero app and pays in the app or in the payment service provider's environment.
5.2. At pickup time the customer arrives at the location indicated by the Partner, shows the order in the app and confirms pickup on the Platform, for example with a "swipe" action or another confirmation method available on the Platform.
5.3. The Partner hands over Surprise Bags only during the specified pickup window and at the specified location, except where the Parties or the Partner's on-site staff reasonably agree otherwise.
5.4. If a customer does not arrive within the specified pickup window, the Partner is not obliged to fulfill the reservation after the pickup window ends, unless Foodhero customer support recommends another solution in a specific case.
6. CANCELLATIONS, REFUNDS AND CUSTOMER COMPLAINTS
6.1. If the Partner does not have enough surplus food to fulfill a reservation, the Partner cancels the relevant reservation on the Platform as early as possible, typically no later than 2 hours before the end of the pickup window, unless stated otherwise on the Platform.
6.2. Customer cancellations and refunds are handled in the Foodhero app and in accordance with Foodhero's customer terms.
6.3. Foodhero may, at its reasonable discretion, refund a customer if a reservation is not fulfilled, the sales location is closed during the stated pickup window, there is a food safety concern, there is a justified quality complaint, or in other reasonable cases.
6.4. Refunded or canceled reservations are not included in the amount payable to the Partner, or are withheld from the next payout if a payout has already been made.
6.5. If the Partner receives a customer question about payment or refunds, the Partner directs the customer to Foodhero customer support via the in-app chat or e-mail. If the question concerns food contents, quality, allergens or safety, the Partner cooperates with Foodhero and provides the necessary information.
7. FOOD SAFETY, LABELING AND ALLERGENS
7.1. The Partner is fully responsible for ensuring that the food placed in a Surprise Bag is safe for consumption at the time of handover and complies with applicable food handling, storage, labeling, allergen and consumer information rules.
7.2. The Partner does not include in a Surprise Bag any food that it does not have the right to sell or transfer to the customer, including food past its "use by" date, recalled food, damaged food or otherwise unsafe food.
7.3. The Partner ensures that, at the time of pickup, information on allergens, ingredients, storage and shelf life is available to the customer to the extent required by applicable law and the Partner's internal procedures.
7.4. If the Partner becomes aware of a food recall, safety risk or material non-conformity regarding food offered on the Platform or handed over to a customer, the Partner immediately pauses the relevant offers and informs Foodhero.
8. PAYMENTS, SERVICE FEE AND SETTLEMENT
8.1. The Partner authorizes Foodhero and/or the payment service provider used by Foodhero to receive customer payments for the Partner's Surprise Bag reservations and to settle with the Partner in accordance with this Agreement.
8.2. From the amounts received from customers, Foodhero withholds the Foodhero service fee, canceled/refunded amounts, payment adjustments and other corrections provided for in this Agreement, and pays the remaining net amount to the Partner.
8.3. Unless the commercial terms in Section 18 state otherwise, the standard Foodhero service fee is EUR 1.00 per Surprise Bag successfully picked up. No fixed monthly fee applies unless the Parties have agreed otherwise in writing.
8.4. Payouts to the Partner are made once a month, typically by the end of the following month, provided that the Partner has supplied complete and correct banking, tax and verification information.
8.5. Once a month, Foodhero sends or makes available to the Partner a financial document/invoice showing the relevant settlement period, the amount payable to the Partner, the number of Surprise Bags successfully picked up, the unit fee applied, and the total Foodhero service fee/commission. Detailed operational information on reservations — including picked-up, canceled and refunded orders, as well as performance metrics and customer feedback — is available in the Partner Portal.
8.6. Each Party is responsible for its own taxes and accounting obligations. The Partner is responsible for taxes relating to the sale of food to customers, while Foodhero is responsible for taxes relating to the Foodhero service fee. VAT is applied in accordance with applicable law.
9. PLATFORM AVAILABILITY AND CHANGES
9.1. Foodhero takes reasonable measures to keep the Platform available and operating correctly, but does not guarantee uninterrupted and error-free operation.
9.2. Foodhero may update Platform features, the user interface, the Partner Portal and technical processes, provided this does not materially reduce the Partner's ability to use the Platform for the purpose of this Agreement.
9.3. Foodhero may temporarily suspend individual offers or the Partner's access to the Platform where necessary for safety, food recall, payment risk, material complaints, legal requirements or material reputational risk.
10. PERSONAL DATA
10.1. The Parties comply with applicable personal data protection law, including the General Data Protection Regulation (GDPR).
10.2. Foodhero is an independent controller in respect of customer personal data processed in the Foodhero app, account, payment and customer support processes.
10.3. Customer personal data is generally not transferred to the Partner, except for information necessary to hand over a specific order or to handle a complaint. If the Partner receives such data, the Partner uses it only to process the order in question or resolve the complaint.
11. BRAND, VISIBILITY AND COMMUNICATIONS
11.1. The Partner permits Foodhero to display, on the Platform, the names, addresses, opening hours, offer information, images and brand elements of the Partner's sales locations, to the extent necessary to show offers to customers.
11.2. Foodhero may list the Partner as a Foodhero cooperation partner on the Platform and in partner listings. Wider public press releases, advertising campaigns or social media announcements using the Partner's brand are made only with the Partner's prior consent.
11.3. The Partner may state that it uses Foodhero, but use of the Foodhero logo or materials in wider marketing must be coordinated with Foodhero.
12. CONFIDENTIALITY
12.1. The Parties do not disclose to third parties the other Party's trade secrets or unpublished financial, technical, operational or commercial information that becomes known within the cooperation.
12.2. The confidentiality obligation does not apply to information that is publicly available, was known to the Party before receipt, is independently developed, or must be disclosed pursuant to legal requirements.
13. LIABILITY
13.1. Each Party is liable for direct damages caused to the other Party by a material breach of this Agreement, to the extent such liability is permitted by applicable law.
13.2. Foodhero is not liable for the contents, quality, safety, labeling or allergen information of the Partner's food, for the conduct of the Partner's staff at sales locations, or for customer behavior outside the part of the Platform controlled by Foodhero.
13.3. Neither Party is liable for indirect damages, lost profits, reputational damage or business interruption, except where such a limitation is not permitted by applicable law.
13.4. Foodhero's total liability in connection with this Agreement does not exceed the Foodhero service fees actually withheld for the Partner's reservations during the 6 months preceding the event giving rise to the claim, to the extent such a limitation is permitted by applicable law.
13.5. These limitations do not limit liability for willful breach, gross negligence, fraud, harm to a person's life or health, or other cases where liability may not be limited under applicable law.
14. TERM AND TERMINATION
14.1. This Agreement enters into force on the day the Partner accepts it electronically in the Foodhero Partner Portal (for example, by clicking "Set up account") or the Parties otherwise mutually confirm it in writing, and is concluded for an indefinite term.
14.2. Either Party may terminate the Agreement by giving the other Party at least 14 days' prior written notice. The Parties may also agree on a shorter notice period for pausing a specific sales location.
14.3. A Party may terminate the Agreement immediately or suspend cooperation where the other Party materially breaches the Agreement and does not cure the breach within a reasonable period after notice, or where there is a food safety risk, payment risk, breach of law or material reputational risk.
14.4. Upon termination, Foodhero deactivates the Partner's active offers on the Platform and carries out a final settlement for the reservations successfully picked up until the termination date, less refunds and adjustments.
15. NOTICES, AMENDMENTS AND ELECTRONIC ACCEPTANCE
15.1. Day-to-day operational communication may take place by e-mail, telephone, the Foodhero support chat, the Partner Portal or another channel agreed by the Parties.
15.2. Legally relevant notices are sent to the e-mail addresses indicated in the Partner Portal. A notice is deemed received on the next business day after sending, provided the sender has not received an automatic delivery failure. Operational matters may also be resolved via the Foodhero support chat or Partner Portal.
15.3. Commercial terms, contact persons and operational processes may also be confirmed or refined by e-mail, in the Partner Portal or in the Foodhero support chat, where confirmation is given by the Parties' authorized contact persons.
15.4. This Agreement may be accepted electronically. The Parties acknowledge as valid: acceptance via the Foodhero Partner Portal (including by clicking "Set up account"), signing with a secure or qualified electronic signature, and the exchange of signed document copies by e-mail, to the extent permitted by applicable law and each Party's internal procedures.
16. GOVERNING LAW AND DISPUTES
16.1. This Agreement is governed by the laws of the Republic of Latvia, to the extent not in conflict with directly applicable European Union law.
16.2. The Parties first seek to resolve disputes through negotiation. If no agreement is reached, the dispute is submitted to the competent court of the Republic of Latvia in Riga, unless the Parties agree otherwise in writing.
17. AGREEMENT DOCUMENTS
17.1. The Agreement consists of this document and any annexes. Foodhero's public terms, privacy policy and operational rules indicated on the Platform supplement this Agreement to the extent they do not conflict with it.
17.2. In case of conflict, the order of priority is: (1) this Agreement; (2) any commercial annex signed/confirmed by the Parties; (3) Foodhero's public terms and the Platform's operational rules.
18. COMMERCIAL TERMS
18.1. Fixed monthly fee: none, unless the Parties have agreed otherwise in writing.
18.2. Foodhero service fee: EUR 1.00 per Surprise Bag successfully picked up, unless the Parties have agreed otherwise in writing on a different fee or rollout period.
18.3. Customer price: the Partner sets the price on the Platform. Recommendation — approximately one third of the original retail value of the Surprise Bag.
18.4. Payouts: once a month, typically by the end of the following month, to the bank account indicated by the Partner. The Foodhero service fee and applicable adjustments are withheld before payout; the monthly financial document/invoice shows the payout amount, the number of Surprise Bags and the total service fee.
18.5. Integration and management: no IT integration or additional equipment is required. The Partner manages sales locations and Surprise Bag parameters in the Partner Portal or with Foodhero support. These details do not need to be specified in this Agreement or a separate annex, and changes do not require signing a new agreement.
19. CONTACT
Foodhero — Alberts Boluss, Enskild Firma, Västergårdsvägen 7, 335 73 Hillerstorp, Sweden. VAT: SE910228879301. E-mail: [email protected].