Terms of Service

These Terms of Service (“Terms”) govern your use of fooh.com and all related services operated by FOOH FlexCo(“FOOH”, “we”, “us”). Full provider information is set out in our Imprint.

1. Scope and applicability

1.1 These Terms apply to the website fooh.com and all free and paid services we offer. By registering for, or using, the services, you agree to these Terms. Deviating terms of yours are not accepted unless expressly agreed in writing.

1.2 Many of our users are businesses (Unternehmer), such as studios, agencies and freelancers. Where you act as a consumer (Verbraucher) under the Austrian Consumer Protection Act (KSchG), the mandatory consumer rights described here or required by law apply to you.

1.3 The contract language is English. These Terms are governed by Austrian law, in particular the E-Commerce-Gesetz (ECG), the EU Digital Services Act (Regulation (EU) 2022/2065, “DSA”), the Fern- und Auswärtsgeschäfte-Gesetz (FAGG), the Konsumentenschutzgesetz (KSchG) and the Allgemeines Bürgerliches Gesetzbuch (ABGB).

2. Our services

2.1 Free services. Browse the FOOH library; create an account and a public creator profile/portfolio; upload your own work; like, comment on and save work into collections; submit work for inclusion in the library; and apply to jobs.

2.2 Paid services. Publishing a job or project posting (with an optional social-media add-on) and entering the FOOH Awards. Prices are shown at checkout.

2.3 Curated material & fair use. Some works in the library are curated from public sources for editorial and educational purposes. FOOH does not claim ownership of such material and is not monetising it directly. Content is removed upon a valid request to hello@fooh.com.

3. Account and user obligations

3.1 Registration is required for most interactive features. You may register with an email and password or via Google sign-in. You must provide accurate information, keep it current, and keep your credentials confidential. You are responsible for activity under your account.

3.2 You agree not to:

• submit false information or misrepresent your identity, credentials or portfolio;
• upload or post content that is illegal, defamatory, hateful, or that infringes third-party rights (in particular copyright, trademark or personality rights);
• claim or submit the work of others without authorisation or proper credit;
• spam, send unsolicited advertising, or manipulate likes, comments or award votes;
• disrupt, overload, scrape or reverse-engineer the platform.

4. Your content and licence

4.1 You keep your rights.You retain ownership of the work and other content you upload or submit (“User Content”).

4.2 Licence to FOOH. By uploading or submitting User Content, you grant FOOH a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt the format of, display, embed and otherwise make your User Content available for the purpose of operating and promoting the platform—including featuring it on fooh.com, in the FOOH Awards, in our newsletter and on our social channels. This licence lasts while the content is hosted and continues for promotional material already produced, unless you request removal in writing.

4.3 Your warranties. You represent that you own or have all necessary rights, licences and permissions to the User Content and to grant the licence above, and that the content (including any people, trademarks, music or third-party material shown) does not infringe any third-party rights or applicable law. Submitting work on behalf of others requires appropriate authorisation.

4.4 Information you place on a public profile or in credits (such as your name, company and role) is published for attribution and may be visible publicly and in search engines. See the Privacy Policy.

5. Content moderation, illegal content and points of contact

5.1 Moderation. We may remove or restrict access to content, and warn, suspend or terminate accounts, where content or conduct breaches these Terms or the law. We apply such measures diligently, proportionately and without arbitrary discrimination (Art. 14 DSA).

5.2 Reporting illegal content (notice and action, Art. 16 DSA). Anyone can report content they consider illegal—including copyright takedown requests—by emailing hello@fooh.com with the URL, an explanation of why the content is illegal, and (for rights claims) evidence of ownership and your contact details. We review notices and act expeditiously.

5.3 Statement of reasons (Art. 17 DSA). Where we remove or restrict your content or account, we will, where required, inform you of the decision and the reasons for it, and of how you can respond.

5.4 Points of contact (Arts. 11 & 12 DSA). Our single point of contact for users and for authorities is hello@fooh.com (communication in English or German).

5.5 Hosting safe harbour. FOOH is a hosting provider. Pursuant to Articles 6 and 8 DSA we are not liable for User Content of which we have no actual knowledge, and we are under no general obligation to monitor stored content or to actively seek out illegality. Upon obtaining actual knowledge of illegal content, we act expeditiously to remove or disable access to it.

6. Jobs board

6.1 Authenticated users may publish a job or project posting after payment. Postings run for 30 days. You are responsible for the accuracy and legality of your posting and must not post discriminatory or misleading listings.

6.2 When you apply to a job, your profile, selected work and any message and screening answers are shared with the poster. FOOH is not a party to, and gives no guarantee about, any resulting engagement or employment relationship between users.

7. FOOH Awards

7.1 Eligibility. Award entries must be your original work or work for which you hold all necessary rights, and must have been created in the calendar year preceding the award year (e.g. work entered for the 2026 Award must have been created in 2025).

7.2 Process. Entries proceed through phased selection (longlist, jury shortlist, and a public vote on the finalists), based on creativity, execution, strategic relevance and overall quality. We may appoint or adjust the jury, adjust the number of shortlisted entries per category, combine or suspend low-volume categories, or extend deadlines, while maintaining fair evaluation. If a cycle cannot proceed with integrity, we may cancel it and refund entry fees.

7.3 Voting integrity. Any attempt to manipulate public voting (bots, vote farms, vote exchange, coercion) is prohibited and may lead to disqualification and account termination.

7.4 Results. Judging decisions are final and binding. Disputes about results must be submitted in writing within 7 days of announcement and are reviewed on documented evidence only.

7.5 Fees. Award entry fees are final and non-refundable, regardless of whether an entry is shortlisted or wins, except where a category or cycle is cancelled under 7.2 or where mandatory consumer law provides otherwise (see section 9).

8. Pricing and payment

8.1 A contract for a paid service is concluded when your order is placed and payment is confirmed. Prices and whether VAT (Umsatzsteuer) is included or added are shown at checkout; the applicable VAT treatment depends on your location and Austrian tax law.

8.2 Payments are processed by Stripe. Paid services (job postings, award entries) are one-time payments and do not auto-renew. Should we introduce subscriptions in future, their billing and cancellation terms will be presented separately before purchase.

9. Right of withdrawal for consumers (Widerrufsrecht)

9.1 If you are a consumer, you have the right to withdraw from a distance contract within 14 days without giving reasons. The period starts when the contract is concluded. To withdraw, send us a clear statement (e.g. an email to hello@fooh.com) before the period ends.

9.2 Consequences. If you withdraw in time, we refund the payments received without undue delay and within 14 days, using the same payment method.

9.3 Early loss of the right (§ 18 Abs 1 Z 11 FAGG). For digital services not supplied on a physical medium, the right of withdrawal lapses once we have begun performance, if you have expressly consented to performance starting before the withdrawal period ends and acknowledged that you thereby lose your right of withdrawal—for example when a job posting or award entry is activated immediately on payment.

10. Warranty and disclaimers

10.1 Statutory warranty rights under Austrian law (ABGB) apply to paid services. For business users, warranty may be limited as permitted by law (UGB), and you must inspect and report defects promptly.

10.2 Free services are provided “as is”. We strive to keep the platform available but do not guarantee uninterrupted access; maintenance and technical issues may cause downtime.

10.3 We make no guarantee regarding the outcome of any award entry; shortlisting and award decisions follow section 7.

11. Liability

11.1 Our liability for damage caused by slight negligence is excluded, except for personal injury and breach of essential contractual obligations (Kardinalpflichten). Liability for intent and gross negligence, and under the Produkthaftungsgesetz, remains unaffected.

11.2 For business users, liability for lost profits (entgangener Gewinn) is excluded as far as legally permissible. For consumers, the limitations in 11.1 apply only to the extent permitted by mandatory consumer protection law and never to gross negligence, intent or personal injury.

11.3 We are not liable for User Content or other third-party content, subject to the hosting safe harbour in section 5.5.

12. Intellectual property and award winners

12.1 FOOH and its licensors retain all rights in the platform, its design, and the selection and arrangement of curated content. FOOH does not claim ownership of the underlying creative works of users or third parties, which remain with their creators subject to the licence in section 4.2.

12.2 Award winners receive a non-exclusive licence to use the corresponding official FOOH Award badge or title to promote their awarded work, subject to our guidelines. Winners grant FOOH the right to use their name, company name and the awarded work for promotion of fooh.com and the FOOH Awards, royalty-free.

13. Term and termination

13.1 You may close your account or remove your content at any time through your account settings. Paid postings and entries already activated run for their stated term.

13.2 Either party may terminate for good cause (aus wichtigem Grund); a material breach of these Terms is good cause. Termination in text form (e.g. email) is sufficient.

14. Governing law and jurisdiction

14.1 These Terms are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

14.2 For disputes with business users, the competent court in Graz, Austria, has exclusive jurisdiction. For consumers, the statutory jurisdiction rules under Austrian and EU law apply.

15. Consumer dispute resolution

We aim to resolve disputes directly—please contact us first at hello@fooh.com. The competent alternative dispute resolution body in Austria is the Internet Ombudsstelle. We are not obliged, and are generally not willing, to participate in proceedings before a consumer arbitration board.

16. Final provisions

16.1 We may amend these Terms. We will notify registered users of material changes (e.g. by email) at least four weeks before they take effect; consumers may terminate without penalty before significant changes take effect.

16.2 Should any provision be invalid, the remaining provisions stay in force and the invalid provision is replaced by a valid one closest to its economic purpose; this does not apply to consumers where it would be unreasonably disadvantageous.

16.3 Amendments require text form. These Terms constitute the entire agreement on their subject matter.