Terms of Service

1. Agreement and eligibility

These Terms of Service (“Terms”) are between the provider of Forkestra (“Forkestra”, “we”, “us”, or “our”), and the business or organisation accepting them (“Customer”, “you”, or “your”).

Forkestra is offered for business use by venue operators. By creating an account, accepting an order, or using the service, you confirm that you are at least 18 and authorised to bind the Customer. If you use Forkestra on behalf of a venue, company, or employer, that organisation is the Customer.

These Terms, including the Data Processing Terms and Data Switching Schedule below, the plan or order shown at checkout, and our Privacy Policy form the agreement. A separately signed order or data-processing agreement prevails if it expressly says that it overrides these Terms.

2. The Forkestra service

Forkestra brings venue operations into one service. Depending on the selected plan, this can include sales and performance dashboards, forecasting, inventory and ordering, menu analysis and optimisation, finance tools, staff planning, production planning, companion apps, live digital menus, integrations, reports, and Dom.

Your plan determines the included features, limits, history, support, and price. Current plan details are shown on our pricing page and during checkout. We may also provide beta, preview, or trial features, which may be changed or withdrawn and are provided without a service commitment unless we say otherwise in writing.

3. Dom and AI-assisted work

Dom is Forkestra’s AI venue manager. Dom can answer questions in ordinary language, explain the data behind an answer, suggest next steps, prepare work, schedule reports and updates, and—where supported—carry out an authorised instruction.

Dom provides operational decision support, not guaranteed advice. AI output is probabilistic and may be incomplete, inaccurate, or unsuitable for your venue. You are responsible for checking the source data, reviewing Dom’s answer, and applying appropriate professional judgement before relying on it. Forkestra and Dom do not provide legal, tax, accounting, employment, medical, food-safety, or other regulated professional advice.

A real change to venue operations—such as preparing or updating an order, rota, production plan, menu, task, or report—is an “Operational Action”. When an authorised user approves an Operational Action, the Customer instructs Forkestra to carry it out on the Customer’s behalf. The Customer may also create a “Standing Instruction”, such as a scheduled report or recurring monitoring task, that runs without fresh approval each time. Supported instructions, approvals, and execution outcomes are recorded in the audit trail.

Venue decisions remain the Customer’s responsibility. You are responsible for choosing authorised users, checking the scope and inputs of an Operational Action, reviewing Standing Instructions, monitoring results, and maintaining appropriate human oversight and independent controls for safety-critical, regulated, irreversible, or time-sensitive work. Forkestra does not guarantee that following Dom’s recommendation or carrying out an authorised instruction will increase revenue, reduce costs, prevent loss, maintain stock, provide adequate staffing, or achieve any other business result.

To the fullest extent permitted by law, Forkestra is not responsible for loss resulting from the Customer’s decision to rely on Dom’s advice or from an Operational Action correctly carried out according to an authorised instruction. This includes loss caused by inaccurate or incomplete Customer Data, a user’s configuration or instruction, changes made outside Forkestra, a connected service, or a failure to review or supervise the result. This does not exclude responsibility for Forkestra’s own breach of these Terms, security failure, or failure to execute the authorised instruction as recorded.

You must not use Dom as the sole decision-maker for employment, access to essential services, or another decision that has legal or similarly significant effects on a person.

Dom is intended to support venue operations, not to recruit, dismiss, promote, discipline, set pay, infer emotions or sensitive traits, or make a final decision about a worker based on profiling. You must not use Dom for a prohibited use under applicable AI law or for a high-risk employment or worker-management use unless we have expressly agreed a compliant use in writing. Forkestra identifies Dom as AI. You must preserve any AI label or machine-readable marking attached to exported content and provide any disclosure required when you publish or share AI-generated material.

4. Accounts, roles, and authority

You must provide accurate account and billing information, keep it current, protect login credentials, and notify us promptly of suspected unauthorised use. You are responsible for activity under your account except to the extent caused by our breach of these Terms.

Owners and authorised managers control venue membership, roles, approvals, companion-app activation, messaging connections, and other permissions. You must grant the least access reasonably needed, remove access when it is no longer required, and ensure that anyone you invite follows these Terms.

5. Customer data and instructions

“Customer Data” means data, files, messages, and other content submitted to Forkestra by or for you, including data received from a connected POS or other service. As between the parties, you retain your rights in Customer Data.

You give us a worldwide, non-exclusive, limited licence to host, copy, process, transmit, display, and create technical derivatives of Customer Data only as needed to provide, secure, support, and improve the service in accordance with this agreement. This licence ends when the data is deleted from our systems, subject to backups and legal retention.

You are responsible for having the permissions and lawful basis needed to provide Customer Data, including POS, supplier, employee, absence, invoice, group-chat, and menu data. You must give required notices to staff and other individuals. We process personal data under our Privacy Policy and, where we act as your processor, section 6 below.

6. Data Processing Terms

This section is the parties’ data-processing agreement under Article 28 of the GDPR. It applies when Forkestra processes personal data in Customer Data on the Customer’s behalf. The Customer is the controller and Forkestra is the processor, unless the parties’ roles differ for a particular activity under applicable law.

Scope and instructions

Forkestra processes personal data for the term of the agreement to provide, secure, support, and terminate the service on the Customer’s documented instructions, including instructions given through authorised use of features and integrations. Processing may include collecting, recording, organising, structuring, storing, retrieving, consulting, analysing, transmitting, restricting, exporting, and deleting data. We will notify the Customer if we believe an instruction infringes applicable data-protection law and may pause the affected processing while the parties resolve it.

Data subjects may include owners, managers, staff, chefs, suppliers and their contacts, Dom or connected-channel participants, digital-menu users, and individuals represented in connected venue records. Personal data may include the categories described in our Privacy Policy, including account, contact, role, rota, attendance, absence, labour-cost, operational, transaction, supplier, invoice, document, communication, device, and audit data. Health-related absence information may be special-category data where the Customer chooses to provide it.

Forkestra’s commitments

• Process personal data only on documented instructions, including for international transfers, unless EU or Member State law requires otherwise. Where legally permitted, we will notify the Customer before that processing.
• Ensure people authorised to process the data are bound by confidentiality.
• Maintain technical and organisational measures appropriate to the risk under Article 32 GDPR, taking account of the service, implementation costs, and the nature of the data.
• Assist the Customer, taking account of the nature of the processing and information available to us, with data-subject requests, security obligations, personal-data breaches, data-protection impact assessments, and prior consultation with a supervisory authority.
• Notify the Customer without undue delay after becoming aware of a personal-data breach affecting Customer Data and provide information reasonably available to support the Customer’s response.
• Make information reasonably necessary to demonstrate compliance available and permit a Customer audit or inspection on reasonable notice. Audits must protect other customers, confidentiality, and service security; unless required after an incident or by a regulator, they may be limited to once each year and begin with current independent reports or questionnaires where suitable.
• At the Customer’s choice, return or delete personal data at the end of the service, subject to section 7, backup cycles, and legal retention duties.

Subprocessors and transfers

The Customer gives general written authorisation for Forkestra to use subprocessors needed to provide the service. Our current provider categories and material named providers are described in the Privacy Policy. We will notify the account owner before adding or replacing a subprocessor that materially affects Customer Data and allow a reasonable period to object on documented data-protection grounds. We will work in good faith to address a valid objection; if no reasonable alternative is available, either party may end the affected feature or service. Forkestra remains responsible for a subprocessor’s performance of equivalent data-protection obligations.

Where an instruction requires personal data to leave the EEA, Forkestra will use an adequacy decision, the European Commission’s Standard Contractual Clauses, or another lawful mechanism, with supplementary safeguards where appropriate. The Customer authorises those transfers as part of its documented instructions.

Customer responsibilities

The Customer is responsible for the lawfulness, fairness, accuracy, and transparency of its instructions and Customer Data; for appropriate lawful bases and notices; for limiting access and special-category data; and for completing any required legitimate-interests assessment or data-protection impact assessment. The Customer must not instruct Forkestra to process personal data contrary to applicable law.

7. EU Data Act switching and portability schedule

This section applies to switching and data-portability rights for Forkestra as a data-processing service under the EU Data Act. A Customer may ask to switch to another provider, move to its own systems, export the data covered below, or erase its exportable data by contacting info@forkestra.app. We will support the Customer’s exit strategy with relevant information about the available process, methods, formats, known restrictions, technical limitations, continuity risks, and expected timing. The Customer remains responsible for choosing the destination service and arranging its receiving environment.

Switching process and continuity

• The maximum notice period to initiate switching is two months. We may agree a shorter period.
• After that notice period, Forkestra will provide reasonable assistance and complete the transition without undue delay and no later than 30 calendar days while maintaining continuity and security.
• If a 30-day transition is technically infeasible, we will explain why within 14 working days after the request and identify an alternative transition period that will not exceed seven months. The Customer may extend the transition once by a period it considers appropriate.
• The Customer can retrieve exportable data for at least 30 calendar days after the agreed transition period. Once that retrieval period or a later period agreed with the Customer ends and switching has completed, we will erase all exportable data and digital assets generated directly by or relating directly to the Customer, except where law requires retention.
• The agreement, or the affected service, is considered terminated and we will notify the Customer when switching successfully completes or, if the Customer chooses erasure rather than switching, when the maximum notice period ends, unless the parties agree to continue another service.
• Until 11 January 2027, a switching charge will not exceed our directly attributable switching costs and will be estimated before work begins. From 12 January 2027, we will not charge switching fees where the Data Act prohibits them.

Exportable data and formats

For the current service, the exhaustive categories of exportable data and digital assets, subject to the Customer’s enabled features, permissions, and data actually held, are:

• account, venue, user, role, permission, and configuration data;
• connected POS and imported source data, products, menus, prices, transactions, and venue-created master data;
• inventory, counts, waste, orders, deliveries, intake, suppliers, recipes, normatives, and production records;
• staff, rota, availability, attendance, working-time, labour-cost, absence, and shift-cover records;
• finance records, invoice data, extracted fields, and Customer-provided documents;
• analytics, forecasts, goals, reports, live digital-menu content and configuration;
• Dom conversations, summaries, suggestions, tasks, scheduled reports, instructions, approvals, execution outcomes, and related audit records; and
• other Customer-provided files and digital assets that the Customer can use independently of Forkestra.

We provide exportable data in structured, commonly used, machine-readable formats appropriate to the record, such as JSON or CSV, together with original Customer uploads where reasonably available. We will provide relevant schema and format information. Open interfaces used for portability and interoperability will be made available free of charge to the Customer and its destination provider to the same extent that they are available to other customers. This section is the reference to Forkestra’s online register; before these Draft Terms are published, it will be updated with all available data structures, formats, relevant standards, open interoperability specifications, switching methods, restrictions, and known technical limitations.

Exportable data does not include Forkestra source code, system prompts, orchestration logic, model weights, internal security rules, credentials or tokens, internal telemetry, provider trade secrets, third-party licensed material, or aggregated or de-identified information that does not identify the Customer or a person. We will not use these exclusions to prevent effective switching and will disclose protected information where and to the extent mandatory law requires it under suitable safeguards.

Security and government access

During switching, both parties must take reasonable measures to preserve confidentiality, integrity, availability, and authentication. Information about the jurisdiction governing Forkestra’s processing infrastructure and the safeguards used for international transfers is maintained at forkestra.app/en/privacy/#international-transfers. We use contractual, organisational, and technical measures designed to prevent unlawful access to or transfer of non-personal data held in the EU, including access controls, encryption in transit, review of government requests, challenge where legally available, and disclosure limited to what is legally required.

Standard subscription fees are shown on the pricing page and at checkout. Forkestra does not impose a separate early-termination penalty; prepaid and non-refundable subscription periods remain governed by section 8. Any temporarily permitted switching charge is described above.

8. Plans, trials, billing, and tax

Forkestra may offer a free plan, paid subscriptions, and time-limited trials. A trial does not become a paid subscription unless you explicitly choose a paid plan and provide the required billing details. Trial features may end or reduce to the free-plan scope when the trial expires.

Paid subscriptions renew for the billing period shown at checkout until cancelled. Prices are per venue unless the order says otherwise and exclude VAT or other taxes. You authorise our payment provider to charge the chosen payment method for subscription fees, applicable tax, and agreed usage charges. We may suspend paid features after reasonable notice if an undisputed amount remains overdue.

Upgrades may take effect immediately with a prorated charge. Downgrades and cancellations normally take effect at the end of the current billing period. Fees already paid are non-refundable except where the law or a written order requires otherwise. You can manage the subscription in Forkestra or contact us if account controls are unavailable.

We may change prices for a future renewal period by giving reasonable advance notice. If you do not accept a new price, you may cancel before it takes effect.

9. Acceptable use

You must not use Forkestra to:

• break the law, violate another person’s rights, or process data without appropriate authority;
• upload malware, probe security, evade access controls, disrupt the service, or access another customer’s data;
• share accounts, resell access, scrape the service, or use automated means beyond documented interfaces;
• reverse engineer or copy the service except where applicable law does not permit that restriction;
• send spam, unlawful content, deceptive messages, or harmful instructions through Dom or a connected channel;
• use Forkestra or its output to build or train a competing service without our written permission; or
• represent AI-generated material as independently verified where that would be misleading.

We may investigate suspected misuse and limit or suspend access where reasonably necessary to protect the service, customers, or third parties. Where practical, we will notify you and allow a reasonable opportunity to correct the issue.

10. POS and other connected services

You may connect Forkestra to third-party services such as a POS, payment provider, Telegram, or another communication channel. You authorise us to exchange the data needed to provide the requested integration. Your agreement with that provider remains separate, and you are responsible for its fees, configuration, availability, and permissions.

We are not responsible for a third party’s service, data accuracy, changes, or outage. If an integration stops providing usable data, some Forkestra features may be delayed or unavailable. We will not knowingly alter source records in a connected system unless the feature supports it and an authorised instruction permits it.

11. Confidentiality, privacy, and security

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will protect it with reasonable care, use it only for this agreement, and disclose it only to people and providers who need it and are bound to protect it. These duties do not cover information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction.

If law requires disclosure, the receiving party will disclose only what is required and, where legally permitted, give advance notice. Our data practices and security responsibilities are described in the Privacy Policy and section 6.

12. Intellectual property

Forkestra and its licensors own the service, software, design, documentation, trademarks, models, and related intellectual property. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the service during the agreement for your internal business operations.

If you give us feedback, you permit us to use it without restriction or payment, but we will not identify you publicly as its source without permission. We may use aggregated or de-identified information that does not identify a person or Customer to operate, analyse, and improve Forkestra.

13. Availability and service changes

We work to keep Forkestra available and reliable, but do not promise uninterrupted or error-free operation unless a signed service-level agreement says otherwise. Maintenance, security work, provider incidents, internet failures, and events outside our reasonable control may interrupt access.

We may update the service and change or discontinue features. We will give reasonable notice where a change materially reduces the core functionality of a paid plan. We may make an urgent change without advance notice where needed for security, law, or third-party platform requirements.

14. Suspension, cancellation, and termination

You may cancel a paid subscription at any time, normally effective at the end of the current billing period. Either party may terminate for a material breach that is not cured within 30 days after written notice. We may suspend or terminate immediately for unlawful use, a serious security risk, repeated infringement, or where continued service would expose us or others to material harm.

Before termination takes effect, you should use available export tools to retain data you need. Section 7 explains the additional switching, retrieval, and erasure process that applies under the EU Data Act. After termination, access ends and we delete or anonymise Customer Data under our retention schedule and data-processing commitments, except for data we must keep by law or to resolve claims. Sections intended by their nature to continue—including payment obligations, confidentiality, intellectual property, disclaimers, liability, and dispute terms—survive termination.

15. Warranties and liability

Forkestra is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and business outcome. We do not warrant that a forecast, alert, recommendation, prepared action, or Operational Action will be correct, profitable, suitable for your venue, or produce the expected result. You remain responsible for venue decisions, source-data quality, legal compliance, and reviewing Forkestra and Dom output.

Neither party is liable for indirect, incidental, special, exemplary, or consequential loss, or for lost profit, revenue, goodwill, or data, arising from this agreement, even if advised that it was possible. To the fullest extent permitted by law, each party’s total aggregate liability arising from the service in any 12-month period is limited to the fees you paid or owed for Forkestra during the 12 months before the event giving rise to the claim. For a free plan, our aggregate liability is limited to EUR 100.

These exclusions and limits do not apply to liability that cannot lawfully be limited or excluded, including any mandatory liability for a defective product, or to fraud, wilful misconduct, breach of confidentiality, infringement or misuse of the other party’s intellectual property, or your payment obligations.

16. General terms

Neither party is liable for delay caused by events beyond its reasonable control. You may not assign this agreement without our written consent, except as part of a genuine sale or reorganisation of your business. We may assign it to an affiliate or successor that can continue our obligations.

These Terms are the entire agreement about the service and replace earlier terms on the same subject. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be adjusted only as much as necessary and the remainder stays effective. No third party may enforce this agreement.

We may update these Terms for legal, security, operational, or product reasons. We will give reasonable advance notice of a material change unless an urgent legal or security reason requires faster action. Continued use after the effective date means you accept the revised Terms; if you do not agree, you may stop using Forkestra and cancel before then.

Estonian law governs this agreement, without regard to conflict-of-law rules. The competent courts of Estonia have exclusive jurisdiction, unless mandatory law requires otherwise. The parties will first try in good faith to resolve a dispute through written notice.

17. Notices and contact

We may send service and legal notices to the account owner’s email address or display them in Forkestra. Notices to us must be sent to info@forkestra.app.