Sped User Terms of Service

By using the SPED Service, you agree to be bound by these User Terms of Service (“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.com.

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” refers to an independent contractor who has signed a partner agreement with SPED and performs delivery services through the SPED Service.

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

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

“User” or “you” indicates a natural person using the SPED Service, who must be 18 years of age or older.

“SPED” refers to:

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

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

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

“SPED Service” encompasses both SPED App and SPED website sped.delivery and other additional locations as mentioned at sped.delivery.

2. Identity of SPED

Sped Tech Oy, All Address in Finland Or Other Country, business ID number, VAT ID number here, if the User is located in Finland

Trade name: “SPED Delivery”,

Email address: support@sped.delivery.

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 operates a technology platform connecting Users, Partners, and Courier Partners. Users can place orders for food and/or other goods from various Partners and also request delivery services. SPED itself is not a restaurant, delivery company, or food preparation business.

3.2. Partners provide information about their products and services on the SPED platform, including details on product characteristics, allergens, and usage instructions. If Users have allergies or specific dietary restrictions, they can contact the relevant Partner directly or reach out to SPED’s customer support for assistance. However, Partners are responsible for providing accurate, up-to-date, and legally required information about their products, including pricing information as required by law. Additional terms and conditions may apply to the sale and purchase of Partners’ products, as specified in the SPED Service.

3.3. When Users select products and services from a Partner and place an order (“the Order”), they enter into a binding agreement with the Partner based on the terms and conditions presented in the SPED Service. After receiving the Order, SPED transmits the details to the Partner. Upon acceptance of the Order by the Partner, and after SPED provides an order confirmation, the User or the Customer Organization (in the case of SPED for Work Feature) and the Partner enter into a Purchase Agreement. SPED may provide a receipt on behalf of the Partner, depending on local regulations. The fulfillment of the Order is subject to availability, and SPED reserves the right to cancel or not accept an Order.

3.4. If delivery services are requested, the platform notifies a Courier Partner, who then facilitates the delivery to the User. Users may be charged delivery fees, service fees, and other surcharges by Partners or SPED, as outlined in the SPED Service.

3.5. The Partner selected by the User prepares, collects, and packs the products specified in the Order. While SPED is not liable for the Partner’s execution of the Purchase Agreement, it may assist in compensating Users for faulty delivery services, although SPED is not ultimately liable for such services.

3.6. The SPED Service may have a minimum purchase value requirement, which Users are notified of before placing an Order. If an Order fails to meet the minimum value, Users can choose to pay the difference or add more products to meet the requirement. Partners determine product selection and pricing, may impose restrictions on Orders, and are responsible for informing Users of any limitations or product availability issues. Users will not be charged for products that are unavailable at the time of ordering.

4. Right of Revocation

4.1. Once an Order for products or services is placed, it cannot be withdrawn or canceled unless explicitly allowed otherwise in these Terms of Service. Users are advised to carefully review their selections before placing an Order.

4.2. Consumers, defined as natural persons using the SPED Service for purposes not primarily related to commercial or professional activity, may have a statutory right of revocation as per the laws of their country.

4.3. SPED adheres to limitations on consumers’ statutory cancellation rights, which may exclude certain items from revocation, including perishable foodstuffs, personalized products, unsealed items, and mixed products.

4.4. Users with a right of revocation may cancel the Purchase Agreement within 14 days of delivery without providing a reason. Notification of revocation must be sent to SPED within this period, and SPED will forward it to the Partner. Users may use a model revocation form provided by SPED or send a clear statement via email or in-app chat.

4.5. Upon revocation, SPED will refund all payments received, including delivery fees, service fees, and applicable surcharges, within 14 days of receiving notice. Refunds will not include fees for partially revoked Orders.

4.6. Refunds will be issued using the same payment method as the original purchase, or in SPED credits if applicable. Refunds may be delayed until the Partner confirms receipt of returned products.

4.7. Users must return products to the Partner’s location within 14 days of revocation. Contact details for the Partner are available on the SPED Service.

4.8. Users are responsible for the direct costs of returning products and ensuring they are in resalable condition. Users are liable for any diminished value resulting from handling not necessary for assessing the products’ condition.

4.9. Users may allow substitutions for temporarily out-of-stock items. Partners will choose substitutes based on similarity, considering allergies and dietary preferences. Substituted items will not incur additional fees, and any price difference will be adjusted accordingly.

5. User Accounts

5.1. Users are granted a limited, non-transferable right to use the SPED Service solely for the purposes outlined in these Terms of Service. The license for the iOS SPED App downloaded from Apple’s App Store is subject to Apple’s Usage Rules and these Terms of Service.

5.2. To access the SPED Service, Users must create a personal user account as per the provided registration instructions. User account credentials must be kept confidential and used securely. Each User may have only one personal user account, unless otherwise agreed with SPED or the Customer Organization.

5.3. Users must immediately report any unauthorized access to their user account or suspected security breaches to SPED. Users are responsible for all activities conducted under their user account.

5.4. To use the SPED Service, Users must provide valid payment information, which is stored by a third-party payment service provider. Users are responsible for all purchases made through the SPED Service, except those made through the SPED for Work Feature at the Customer Organization’s expense. Users must ensure their payment information is kept up to date.

6. Payments

6.1. Users or Customer Organizations using the SPED for Work Account will pay the purchase price specified in the Order using the payment functionality within the SPED Service. SPED, or its authorized group company, collects payments from Users or Customer Organizations on behalf of the Partner. Payment obligation arises upon placing an Order.

6.2. Payment obligations must be fulfilled using the online payment methods provided in the SPED Service. Once payment is made to SPED, the User or Customer Organization has fulfilled its payment obligation to the Partner.

6.3. In Finland, Users can use lunch benefits as a payment method if compatible with the SPED Service. Users must ensure Order costs do not exceed the daily limit of the lunch benefit. The excess amount can be paid using another acceptable method. Users must comply with tax administration guidelines regarding lunch benefits.

6.4. Payment is automatically charged upon Order delivery from the User’s credit card, lunch benefit, or the Customer Organization’s SPED for Work Feature. SPED may make an authorization hold on the User’s payment method upon Order placement. Payment processing is handled by a third-party provider.

6.5. Currency conversion differences may occur during payment processing. SPED is not liable for these variances and cannot predict the exact amount charged.

6.6. For products sold by weight, the final price is determined by the Partner upon weighing. SPED makes a temporary authorization hold on the card to cover potential price adjustments due to weight variation. Any excess hold amount is refunded to the card.

7. SPED Credits and Tokens

7.1. Users of the SPED Service can earn SPED credits or tokens through the Referral Program by inviting new users to sign up. SPED may offer promotional rewards for qualified referrals, subject to the terms specified in the Referral Program Terms. We reserve the right to modify or terminate the Referral Program at any time.

7.2. SPED Service users can also earn credits or tokens through promotional campaigns established by SPED. These offers are subject to specific terms and conditions set by SPED and may only be used as intended, by the intended audience, and in a lawful manner. Promotional offers may not be duplicated, sold, or transferred unless expressly permitted by SPED.

7.3. SPED unilaterally determines the conditions for granting, using, and validity of SPED credits and tokens.

7.4. Signing-up bonus credits or tokens are single-use only.

7.5. SPED credits and tokens can be used to obtain discounts on purchases within the SPED Service, subject to specific terms and conditions of each campaign or promotion. They cannot be exchanged for cash. The validity period of received credits and tokens is specified in the SPED Service, and expired credits and tokens are removed from your account and cannot be redeemed.

7.6. SPED may nullify credits and tokens in case of abuse or incorrect granting. In such cases, SPED may invoice the amount paid using these credits or tokens.

8. Delivery of an Order

8.1. If you opt for delivery through the SPED Service, your Order will be delivered to the location you confirm within the SPED Service, along with providing a street address for the confirmed location. In case of no-contact delivery, the items are considered delivered once left at the door, and the risk shifts to you once the Courier Partner marks the Order status as “delivered.”

8.2. You must be reachable at the phone number provided in the SPED Service. Failure to answer calls may result in cancellation of the delivery, and you or the Customer Organization may be charged for the full Order.

8.3. Orders can be placed for immediate delivery (standard delivery method) or scheduled for a specific delivery time, depending on availability on the SPED Service.

8.4. Standard delivery option: You must be present at the confirmed location from the time of placing the Order until receipt of the products. If you’re unavailable five minutes after the delivery arrives and do not respond to two contact attempts by the Courier Partner, the delivery may be canceled, and you or the Customer Organization may be charged in full.

8.5. Pre-order delivery option: You must be present at the confirmed location from ten minutes prior to the scheduled delivery time until the moment of delivery.

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

9.1. If you haven’t opted for delivery, but rather for collection at the Partner’s point of sale, you can collect the products at the designated Partner’s location. You’ll receive a separate electronic confirmation once the products are ready for collection. The Partner or SPED may require specific identification conditions when collecting the products.

9.2. The Partner will hold the ordered products for 60 minutes after notifying you that the Order is ready for collection. However, this timeframe is subject to the opening hours of the Partner’s location, and you must collect the Order before the Partner’s point of sale closes.

10. Eat-in Order

10.1. If you choose to consume the products at the Partner’s point of sale, you’ll receive a separate electronic confirmation indicating the expected time for the products to be ready for consumption at the Partner’s location.

11. Time Estimates

11.1. Any delivery, pick-up, or other time estimates provided to you in the SPED Service are approximate. These estimates serve as guidelines, and there is no guarantee that the Order will be delivered, available for pick-up, or ready for consumption at the estimated time. Factors such as traffic, rush hours, and weather conditions may affect delivery times.

12. Intellectual Property Rights

12.1. All Intellectual Property Rights related to the SPED Service, its documentation, and all associated parts and copies remain the exclusive property of SPED and/or its affiliates, subcontractors, or licensors. “Intellectual Property Rights” encompass copyrights, patents, trademarks, trade secrets, and other forms of intellectual property.

12.2. These Terms of Service do not confer any Intellectual Property Rights to the User concerning the SPED Service. All rights not expressly granted herein are reserved by SPED, its subcontractors, or licensors.

12.3. Apple is not liable for investigating, defending, settling, or discharging any claims arising from the iOS SPED App’s alleged infringement of third-party intellectual property rights.

12.4. By using the SPED Service, the User grants SPED a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display, and publish any content provided by the User in connection with the SPED Service. This content may include photographs, data, feedback, text, and other materials uploaded, posted, or transmitted relating to the SPED Service.

13. Additional Provisions for Use of the SPED Service

13.1. The SPED Service is accessible only to individuals aged 18 years or older. Registration as a User is prohibited if you do not meet this requirement.

13.2. Users must adhere to all applicable laws and regulations when using the SPED Service, particularly concerning the purchase of age-restricted items such as alcohol and tobacco. Delivery of age-restricted products may be refused if the User cannot provide valid government-issued photo identification confirming legal age. Additionally, refusal may occur under other circumstances outlined by local regulations. In such instances, SPED reserves the right to charge the User double the value of the Order’s fees as compensation.

13.3. SPED continually evolves the SPED Service and may modify or eliminate various aspects, including features, available products, and Partners.

13.4. While using the SPED Service, Users may encounter content that is inaccurate, incomplete, or offensive. SPED is not liable for third-party content, including that provided by Partners, or any resulting damages from its use.

13.5. Users are responsible for obtaining and maintaining the necessary devices, equipment, and connections for accessing and using the SPED Service, as well as any associated charges.

13.6. Users must not misuse the SPED Service by accessing another person’s account or payment data without consent, altering the service’s technology, removing copyright notices, or engaging in other prohibited activities outlined in this section.

13.7. SPED reserves the right to suspend or remove Users from the SPED Service if they abuse the platform, engage in fraudulent activities, or fail to comply with these Terms of Service. Additionally, threatening or inappropriate behavior towards Partners, SPED employees, or Courier Partners may result in account suspension.

13.8. SPED Tech Oy is the controller of Users’ personal data, processed in accordance with SPED’s Privacy Statement.

13.9. Users must adhere to any third-party terms of agreement applicable to the SPED App or SPED Service.

13.10. Users confirm that they are not located in a country subject to U.S. Government restrictions and are not listed on any U.S. Government list of prohibited parties.

14. Term and Termination

14.1. These Terms of Service remain binding between SPED and the User until further notice, as long as the User continues to use the SPED Service.

14.2. The User has the right to cease using the SPED Service at any time. SPED reserves the right to discontinue the provision of the SPED Service, either permanently or temporarily, at any time.

15. Defects and Complaints

15.1. Users should be aware that the SPED Service may experience interruptions, permanent discontinuation, or temporary suspension. It is not intended for data backup. While SPED strives to deliver error-free services, including new or temporary offerings like no-contact deliveries or deliveries with new technology, SPED does not make any promises or guarantees regarding the reliability, functionality, timeliness, quality, or suitability of the SPED Service, its features, or any service offered, except as expressly stated in these Terms of Service.

15.2. The Partner bears sole responsibility for the contents, quality, safety, and packaging of products sold through the SPED Service and is subject to statutory defect liability as outlined in applicable laws. Users are responsible for promptly inspecting products upon receipt of their Order and reporting any defects or quality issues to SPED’s customer service or directly to the Partner. Notices of defects for consumer goods must be made within a reasonable time, not exceeding two months after discovery. Early notification is crucial for perishable products. Users may be asked to provide photographic evidence of defects. In case of defects, Users are entitled to reimbursement according to applicable laws.

15.3. The Partner is exclusively liable for any defects in the contents, preparation, or packaging of Orders, or other performance issues related to the Purchase Agreement. SPED assumes no responsibility for Partner-provided information on the SPED Service and makes no warranties regarding product availability, quality, or suitability.

15.4. Apple bears no obligation to provide maintenance or support services for the SPED App. Any such obligations required by law fall on SPED, not Apple. SPED is solely responsible for addressing any claims related to the iOS SPED App, including product liability claims, legal or regulatory compliance, and consumer protection, privacy, or similar legislation, even if related to the HealthKit and HomeKit frameworks.

16. Applicable Law and Dispute Resolution

16.1. These Terms of Service are governed by and construed in accordance with the laws of Finland.

16.2. If you are a consumer, you retain the rights granted by the mandatory consumer protection laws of your country of domicile.

16.3. Disputes arising from these Terms of Service are to be resolved by the competent courts of the User’s country of domicile. Consumers may also initiate proceedings in the competent court of their domicile. Users domiciled in the EU may use the ODR platform managed by the European Commission to settle disputes. Additionally, disputes may be referred to consumer disputes boards or similar out-of-court institutions in the User’s domicile.

17. Amendments

17.1. These User Terms of Service may be amended. In case of discrepancies between these terms and any local language version, these terms prevail.

17.2. Amended User Terms of Service will be published on the SPED Website. Users will be informed of material changes through the SPED Service or by email. If Users do not agree to amended terms, they must discontinue using the SPED Service.

18. Assignment

18.1. SPED may assign its rights or obligations under these Terms to affiliates, successors, or purchasers of its business assets related to the SPED Service without User consent.

18.2. Users may not assign their rights or obligations under these Terms.

Updated as of March 5, 2025