These Terms form a binding agreement between you and the operator of TheBest.Food (“TheBest.Food,” “we,” “us” or “our”). They govern your access to thebest.food and all related leaderboard, checkout and promotional services.
1. Agreement
By visiting the site, submitting a listing, completing a payment or otherwise using the service, you agree to these Terms, the Rules and the Privacy Policy. If you use the service for a business, you represent that you can bind that business, and “you” includes the business. If you do not agree, do not use the service.
2. The service
TheBest.Food sells temporary, public promotional placement determined by eligible paid bids. Placement is advertising. It is not an objective ranking, editorial endorsement, award, certification, review, investment, lottery or promise of performance.
Ranks change whenever eligible payments change the ordering. We may add, remove or modify boards, categories, minimums, increments, display formats and technical rules prospectively. The Rules explain the current ranking mechanics and are incorporated into these Terms.
3. Eligibility and authority
You must be at least 18 years old and legally able to enter a contract. You may submit a business or product only if you are its owner, authorized representative or otherwise have lawful permission. You must provide accurate information and maintain a valid destination URL and company contact information.
4. Payments, rank and refunds
- Prices are stated in US dollars. Taxes may be added where legally required. Payment processing is provided by Stripe or another disclosed processor.
- A checkout session, authorization or pending charge does not reserve rank. Only a completed, verified payment is eligible.
- All completed payments are final and non-refundable, except where required by applicable law or expressly approved by us.
- You purchase placement under the mechanics in effect when payment completes—not a guaranteed position, duration, audience size, number of clicks, conversion rate or financial return.
- If another listing pays more, your rank may fall immediately. A subsequent rule or interface change may also alter how placement is displayed without creating a refund right, provided your recorded eligible bid remains accurate.
- If you dispute a charge, contact us first at support@thebest.food. Abusive, knowingly false or fraudulent chargebacks may result in removal and suspension, without limiting rights available under payment-network rules or law.
5. Your content and claims
You retain ownership of content you submit. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, resize, crop, format, display, distribute and promote that content for operating, marketing and improving the service. This license ends when the content is deleted, except for cached, archived, legal and promotional materials already created.
You represent and warrant that your content and destination are accurate, lawful, non-infringing and compliant with advertising, labeling, consumer-protection and food laws. We do not verify your food, safety, health, nutrition or performance claims.
6. Prohibited conduct
You may not manipulate clicks or rankings through fraud; use stolen payment methods; impersonate another business; submit deceptive or illegal products; upload malicious code; scrape or overload the service; evade moderation; interfere with another listing; reverse engineer protected portions of the service; or use the service in violation of sanctions, export controls or applicable law.
7. Moderation, removal and suspension
We may investigate, reject, edit, recategorize, disable or remove listings and restrict users when we reasonably believe it protects the service, users, third parties or us; responds to a complaint or legal request; or enforces these Terms. We are not required to monitor every listing. Removal for suspected or confirmed violation does not create a refund right.
8. Intellectual property and complaints
The service, software, design and TheBest.Food branding are owned by us or our licensors. These Terms do not grant you ownership of them. To report alleged infringement, email support@thebest.food with your identity, the protected work or mark, the challenged listing, your good-faith basis and a statement that the information is accurate. We may forward the complaint to the submitter.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” We disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement and any warranty arising from course of dealing. We do not warrant uninterrupted operation, accurate third-party content, any amount of traffic or sales, or that listed products are safe, lawful, available or as described.
You interact with advertisers and purchase food at your own risk. We are not a party to transactions between visitors and listed businesses and do not handle fulfillment, allergens, ingredients, recalls, refunds or customer support for listed products.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEBEST.FOOD AND ITS OWNERS, AFFILIATES, PERSONNEL AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOST GOODWILL OR BUSINESS INTERRUPTION ARISING FROM THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
11. Indemnity
To the extent permitted by law, you will defend, indemnify and hold harmless TheBest.Food and its owners, affiliates, personnel and service providers from claims, liabilities, damages, losses and reasonable legal fees arising from your listing, content, destination, products, advertising claims, violation of these Terms or violation of another person's rights.
12. Disputes and governing law
Before filing a claim, you and TheBest.Food agree to send written notice to support@thebest.food and attempt in good faith to resolve the dispute for 30 days. These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict-of-law principles.
If you are a merchant, legal entity under public law or special fund under public law, the courts of Berlin, Germany have exclusive jurisdiction to the extent permitted by law. For consumers, the mandatory jurisdiction and consumer-protection rules that apply where you live remain unaffected.
13. General terms
We may update these Terms prospectively by posting a new effective date. Material changes apply no earlier than the date posted unless law requires otherwise. Continued use after the effective date constitutes acceptance. We may assign these Terms in connection with a financing, reorganization, sale or transfer of the service. You may not assign them without consent. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. These Terms, the Rules and Privacy Policy are the complete agreement concerning the service.
14. Contact
All support, billing, privacy and legal questions: support@thebest.food