Legal / Merchant Terms and Conditions

Merchant Terms and Conditions

Version 1.0 Effective: 18 August 2026
🇪🇺

This is the European version

It applies where your counterparty is OnFire Messenger Ltd. (Ireland, company number 796932). If you are in the United States, your counterparty is OnFire Messenger Inc. and the United States terms and United States Privacy Policy apply to you instead.

Who You Are Contracting With

OnFire is operated by two companies. Which one you contract with depends on where you are located.

If you are located inYour counterparty isRegistered office
The European Economic AreaOnFire Messenger Ltd., registered in Ireland, company number 79693277 Camden Street Lower, Dublin, D02 XE80, Ireland
The United StatesOnFire Messenger Inc., registered in Delaware254 Chapman Rd, Ste 209, Newark, DE 19702, United States

This document is the version that applies where your counterparty is OnFire Messenger Ltd. If your counterparty is OnFire Messenger Inc., the corresponding United States version applies to you instead, and is available in the OnFire Legal Center at https://onfire.so/legal.

If you are located outside both the European Economic Area and the United States, contact [email protected] and we will confirm which terms apply to you before you rely on this document.

Data protection. Where this document concerns personal data, the company named above as your counterparty is the data controller for your personal data. For users in the European Economic Area that is OnFire Messenger Ltd., and the supervisory authority is the Irish Data Protection Commission. For users in the United States that is OnFire Messenger Inc., and the rights set out in the United States Privacy Policy apply instead.

If you move, or deal across regions. The company you contract with is determined by where you are located when you use the Services. If you relocate permanently to the other region, the version applying to that region will govern your use of the Services from that point. Dealing with a user, merchant, courier, driver or host located in the other region — for example, buying from a seller in the United States while you are in the European Economic Area — does not change which company you contract with, and does not affect any mandatory consumer protection you have under the law of your country of residence.

1. Definitions

1.1. "OnFire", "we", "us", or "our" means OnFire Messenger Ltd., a company registered in Ireland with company number 796932, whose registered office is at 77 Camden Street Lower, Dublin, D02 XE80, Ireland.

1.2. "OnFire Platform" means the OnFire mobile application ("OnFire App") and associated website at https://onfire.so, including all features, tools, and services made available through them.

1.3. "Merchant Partner", "Merchant", "you", or "your" means any business entity or sole trader that registers on the OnFire Platform and enters into these Terms for the purpose of offering its products for sale to Customers through the OnFire Platform.

1.4. "Customer" means any natural person who places an Order through the OnFire Platform.

1.5. "Courier" or "Delivery Partner" means an independent contractor who has entered into a separate agreement with OnFire to collect Orders from Merchant Partners and deliver them to Customers.

1.6. "Order" means a request placed by a Customer through the OnFire Platform to purchase items from the Merchant Partner and, where applicable, have them delivered.

1.7. "Menu" means the list of products, items, and associated prices, descriptions, images, and other information that the Merchant Partner makes available for order through the OnFire Platform.

1.8. "Commission" means the percentage of the Order value payable by the Merchant Partner to OnFire for each completed Order, as specified in clause 4.

1.9. "In-App Payment" means payment processed by Customers through the OnFire Platform.

1.10. "Merchant Portal" means the administrative dashboard provided by OnFire through which the Merchant Partner manages its Menu, Orders, operating hours, and account settings.

1.11. "Merchant Territory" means the geographic area within which the Merchant Partner's products are available for delivery, as configured in the Merchant Portal.

2. Registration and Eligibility

Business Requirements

2.1. To register as a Merchant Partner on the OnFire Platform, you must:

(a) be a legally registered business entity or sole trader with the authority to enter into binding agreements;

(b) provide accurate and complete business information, including your legal business name, trading name, registered address, business registration number, and VAT registration number (if applicable);

(c) hold all licences, permits, and certifications required by applicable law for the operation of your business and the sale of food products, including food safety registrations with the relevant local authority and the Food Safety Authority of Ireland (FSAI) or equivalent;

(d) maintain valid business insurance, including public liability insurance and employer's liability insurance (where applicable);

(e) designate at least one authorised representative to manage the Merchant Account; and

(f) comply with all applicable laws and regulations in the jurisdictions in which you operate.

2.2. OnFire reserves the right to verify the information you provide and to refuse or revoke registration if any information is found to be inaccurate, incomplete, or fraudulent.

2.3. OnFire may conduct periodic reviews of your business to ensure ongoing compliance with these Terms and applicable regulations.

Menu Management

2.4. You are responsible for creating, maintaining, and updating your Menu on the OnFire Platform through the Merchant Portal. This includes:

(a) accurate product names, descriptions, and images;

(b) current prices;

(c) accurate allergen, nutritional, and dietary information as required by Regulation (EU) No 1169/2011 on the provision of food information to consumers and the applicable national implementing legislation;

(d) accurate item availability and any applicable preparation time estimates; and

(e) promptly marking items as unavailable when out of stock.

2.5. OnFire reserves the right to remove or suspend any Menu item that does not comply with these Terms, applicable law, or OnFire's content policies.

3. Orders

Order Acceptance and Rejection

3.1. When a Customer places an Order for items from your Menu, you will receive a notification through the OnFire App or Merchant Portal.

3.2. You must accept or reject each Order within the timeframe specified in the OnFire App (typically within five (5) minutes of receipt). If you do not respond within this timeframe, the Order may be automatically cancelled.

3.3. You may reject an Order for legitimate reasons, including:

(a) item unavailability;

(b) inability to prepare the Order within the estimated timeframe;

(c) the establishment is about to close; or

(d) exceptional circumstances beyond your control.

3.4. Excessive or unreasonable Order rejection rates may result in reduced visibility on the OnFire Platform or other measures as described in clause 11.

Preparation and Packaging

3.5. Upon accepting an Order, you must:

(a) prepare the Order accurately and in accordance with the Menu description, including any Customer-specified modifications or special instructions;

(b) prepare the Order within the estimated preparation time communicated to the Customer;

(c) package the Order in a manner that:

  • maintains appropriate temperature (hot items kept hot, cold items kept cold);
  • prevents spillage, leakage, or contamination;
  • ensures food safety and hygiene during transportation;
  • uses packaging materials that are suitable for the type of food and method of delivery; and
  • includes any required utensils, condiments, or napkins as appropriate;

(d) clearly label Orders to facilitate accurate identification by the Courier; and

(e) have the Order ready for collection by the Courier at the estimated time.

Order Accuracy

3.6. You are responsible for ensuring that each Order is complete and accurate. This includes verifying that all items, quantities, and any modifications are correctly included before handing the Order to the Courier.

3.7. If an item is unavailable after you have accepted an Order, you must promptly notify the Customer through the OnFire App and offer a suitable alternative or remove the item from the Order with a corresponding price adjustment.

4. Commission and Payment

Commission Structure

4.1. For each completed Order processed through the OnFire Platform, you shall pay OnFire a Commission calculated as a percentage of the gross Order value (excluding Delivery Fees and tips). The applicable Commission rate is as specified in your Merchant Partner registration agreement or as subsequently agreed in writing.

4.2. OnFire may offer different Commission tiers based on factors such as Order volume, Merchant category, promotional participation, and the services provided (e.g., OnFire-delivered vs. Merchant-delivered Orders).

4.3. OnFire reserves the right to amend Commission rates with at least thirty (30) days' written notice. Your continued listing on the OnFire Platform after the effective date of a Commission change constitutes acceptance of the updated rate.

Payment Schedule

4.4. OnFire will remit to you the net Order proceeds (Order value minus Commission and any applicable deductions) on a weekly or bi-weekly basis, as agreed in your registration agreement.

4.5. Payments will be made by electronic transfer to the bank account you have registered in the Merchant Portal.

4.6. OnFire will provide you with a detailed statement for each payment period, including a breakdown of Orders, gross revenue, Commission deducted, refunds, promotional costs, and net payable amount.

Deductions

4.7. OnFire may deduct the following amounts from your payment:

(a) Refunds: Where a refund has been issued to a Customer due to an error attributable to you (e.g., missing items, incorrect items, food quality issues, or undisclosed allergens), the refund amount may be deducted from your next payment.

(b) Promotional Costs: Where you have agreed to participate in a Merchant-funded or co-funded promotional campaign, the applicable promotional costs will be deducted as agreed.

(c) Chargebacks: Any payment chargebacks or disputes attributable to your Order.

4.8. OnFire will notify you of any deductions before or at the time they are applied and provide documentation supporting the deduction.

Tax

4.9. You are solely responsible for all tax obligations arising from your sales through the OnFire Platform, including VAT, corporation tax, and any other applicable taxes.

4.10. All Commission amounts stated are exclusive of VAT unless otherwise indicated. OnFire will issue valid VAT invoices for Commission charged where applicable.

6. Quality Standards

Food Safety

6.1. You must comply with all applicable food safety laws and regulations, including:

(a) Regulation (EC) No 852/2004 on the hygiene of foodstuffs;

(b) the FSAI Act 1998 and associated regulations;

(c) HACCP (Hazard Analysis and Critical Control Points) requirements; and

(d) any local authority food safety requirements.

6.2. You must maintain a current food safety registration or approval with your local authority and the FSAI.

6.3. You must permit OnFire or its authorised representatives to conduct quality and compliance audits of your premises and food preparation practices upon reasonable notice, except in cases of urgent food safety concerns where immediate access may be required.

Hygiene Standards

6.4. Your premises, equipment, and staff must comply with all applicable hygiene standards. Staff involved in food preparation and handling must have received appropriate food safety training.

Packaging

6.5. You must use packaging that:

(a) is food-safe and suitable for the type of food;

(b) maintains the appropriate temperature during transit;

(c) prevents spillage, leakage, and cross-contamination;

(d) is clearly sealed to indicate that the Order has not been tampered with; and

(e) is labelled in accordance with applicable food labelling regulations.

Temperature Requirements

6.6. Hot food must be packaged and ready for collection at a temperature of 63 degrees Celsius or above. Cold food must be stored and packaged at 5 degrees Celsius or below. You must take all reasonable steps to ensure that food leaves your premises at safe temperatures.

7. Promotions

OnFire-Funded Promotions

7.1. OnFire may from time to time run promotional campaigns that are funded in whole or in part by OnFire. Where such promotions apply to your products, OnFire will bear the cost of the discount provided to the Customer, and you will receive the full Order value (minus your standard Commission).

7.2. OnFire will notify you of any OnFire-funded promotions that include your products and the terms of such promotions.

Merchant-Funded Promotions

7.3. You may choose to run promotional campaigns through the OnFire Platform at your own cost. This may include percentage discounts, fixed-amount discounts, free items, or other offers.

7.4. The terms of any Merchant-funded promotion (including discount amount, duration, eligible items, and any minimum order value) will be agreed between you and OnFire before the promotion commences.

7.5. The cost of Merchant-funded promotions will be deducted from your payments in accordance with clause 4.7.

Co-Funded Campaigns

7.6. OnFire and the Merchant Partner may agree to co-fund promotional campaigns. The respective cost-sharing arrangements will be agreed in writing before the campaign commences.

General Promotional Terms

7.7. OnFire reserves the right to modify or cancel any promotional campaign at any time where there is evidence of fraud, technical error, or circumstances that make the continuation of the promotion impracticable.

8. Intellectual Property

Licence to OnFire

8.1. You grant OnFire a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, and distribute your business name, trading name, logo, trademarks, images, Menu content, and related materials ("Merchant Content") on the OnFire Platform and in marketing and promotional materials related to the OnFire Platform.

8.2. This licence is granted solely for the purpose of promoting and facilitating the sale of your products through the OnFire Platform and will terminate upon the termination of your Merchant Account, subject to a reasonable wind-down period.

Merchant's Intellectual Property

8.3. You retain all ownership rights in your Merchant Content. Nothing in these Terms transfers any intellectual property rights to OnFire, except for the licence granted in clause 8.1.

8.4. You represent and warrant that you own or have the necessary licences, rights, and permissions to grant the licence in clause 8.1 and that the Merchant Content does not infringe the intellectual property rights of any third party.

OnFire's Intellectual Property

8.5. All intellectual property rights in the OnFire Platform, including trademarks, logos, software, design elements, and proprietary technology, are and remain the exclusive property of OnFire Messenger Ltd. or its licensors.

8.6. You may not use OnFire's trademarks, logos, or other intellectual property without prior written consent, except as expressly permitted in connection with your listing on the OnFire Platform (e.g., displaying "Order on OnFire" signage).

9. Liability and Insurance

Merchant Liability

9.1. You are solely liable for:

(a) the quality, safety, and fitness for consumption of all food and products you prepare and sell through the OnFire Platform;

(b) the accuracy of all information on your Menu, including allergen and nutritional information;

(c) compliance with all applicable food safety, hygiene, and labelling regulations;

(d) any claim, loss, or damage arising from the consumption of your products, including allergic reactions, food poisoning, or foodborne illness; and

(e) any claim, loss, or damage resulting from your breach of these Terms.

Insurance

9.2. You must maintain at all times adequate insurance coverage, including:

(a) public liability insurance with a minimum coverage of EUR1,000,000 (one million euros) per claim;

(b) product liability insurance covering claims arising from the consumption of your products;

(c) employer's liability insurance where required by law; and

(d) any other insurance required by applicable law for the operation of your business.

9.3. You must provide OnFire with evidence of valid insurance coverage upon request.

Indemnification

9.4. You agree to indemnify, defend, and hold harmless OnFire, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) the food and products you sell through the OnFire Platform;

(b) your breach of these Terms;

(c) your breach of any applicable law or regulation;

(d) your negligence or wilful misconduct; or

(e) any claim by a Customer, Courier, or third party related to your products or services.

Limitation of OnFire's Liability

9.5. OnFire's total aggregate liability to you in respect of all claims arising out of or in connection with these Terms shall not exceed the total Commission paid by you to OnFire in the six (6) months preceding the claim.

9.6. OnFire shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business, goodwill, or anticipated savings.

9.7. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

10. Ratings and Reviews

10.1. Customers may rate and review your products and service after each Order. Your average rating and individual reviews will be displayed on your listing on the OnFire Platform.

10.2. You may respond to Customer reviews through the Merchant Portal. Responses should be professional, constructive, and non-confrontational.

10.3. OnFire may remove reviews that violate our content policies (e.g., reviews that contain offensive language, personal attacks, or are unrelated to the products or service).

10.4. How your listings are ranked. The main parameters that determine the order in which your products appear are: whether a listing has been marked as featured by OnFire; how recently the listing was created or updated; and, where you and the customer have both shared location, distance. For accommodation listings an additional weighted relevance score is applied, combining text match against the search terms, distance, rating, and price fit against any filters the customer has set.

10.5. Payment does not affect ranking. No payment of any kind, to OnFire or to anyone else, will improve the position of your products in any ranked list, search result or feed. This is enforced technically in our systems and not merely as a matter of policy. The featured flag referred to in clause 10.4 is set by OnFire on editorial grounds and cannot be purchased.

10.6. Personalisation. No feed, search result or listing on the OnFire Platform is personalised to the individual customer or based on profiling of that customer.

10.7. OnFire reserves the right to conduct quality monitoring, which may include mystery Orders, inspection of Customer complaints, and review of food safety compliance.

11. Suspension and Termination

Termination by the Merchant

11.1. You may terminate your agreement with OnFire and close your Merchant Account by providing at least thirty (30) days' written notice to OnFire at [email protected].

11.2. Upon termination, OnFire will pay any outstanding amounts owed to you, less any deductions permitted under these Terms, within thirty (30) days of the effective date of termination.

Termination by OnFire

11.3. OnFire may terminate your Merchant Account by providing at least thirty (30) days' written notice, except in the circumstances described in clause 11.5.

11.4. OnFire may suspend your Merchant Account temporarily, pending investigation of:

(a) Customer complaints regarding food quality or safety;

(b) alleged breaches of these Terms;

(c) suspected fraud or illegal activity; or

(d) regulatory investigations or enforcement actions.

Immediate Termination

11.5. OnFire may suspend or terminate your Merchant Account immediately and without notice in the event of:

(a) a serious food safety violation or incident (e.g., confirmed foodborne illness, pest infestation, closure order by a regulatory authority);

(b) fraud, criminal conduct, or a serious breach of these Terms;

(c) persistent failure to maintain minimum quality standards after receiving warnings;

(d) loss of any licence, permit, or certification required for your business;

(e) your insolvency, bankruptcy, or entry into administration; or

(f) conduct that poses a risk to the safety, health, or welfare of Customers, Couriers, or the public.

EU Platform-to-Business Regulation Compliance

11.6. In accordance with Regulation (EU) 2019/1150 ("P2B Regulation"), OnFire will:

(a) provide a clear statement of reasons for any restriction, suspension, or termination of your Merchant Account;

(b) maintain an accessible internal complaints-handling route for disputes arising from the use of the OnFire Platform, as described in clause 11.7.

11.7. The internal complaints-handling route is by email to [email protected], with supporting documentation. We will deal with your complaint as promptly as we can. We do not state a response time here, because we are not currently able to commit to one we would meet.

Effect of Termination

11.8. Upon termination of your Merchant Account:

(a) your Menu will be removed from the OnFire Platform;

(b) any pending Orders at the time of termination will be fulfilled in accordance with the usual process;

(c) the licence granted in clause 8.1 will terminate, subject to a reasonable wind-down period of up to thirty (30) days;

(d) each party will return or destroy any confidential information of the other party; and

(e) clauses that by their nature should survive termination (including liability, indemnification, intellectual property, and governing law) will remain in effect.

12. Governing Law and Dispute Resolution

12.1. These Terms shall be governed by and construed in accordance with the laws of Ireland.

12.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

12.3. Without prejudice to the right of either party to bring proceedings before the courts, the parties may seek to resolve disputes through mediation in accordance with the Mediation Act 2017 (Ireland).

12.4. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

12.5. The failure of OnFire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.6. Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except that OnFire may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.

12.7. These Terms, together with any Merchant registration agreement, schedules, and the policies referenced herein, constitute the entire agreement between you and OnFire with respect to the subject matter hereof.

13. Confidentiality

13.1. Each party agrees to keep confidential all non-public information received from the other party in connection with these Terms ("Confidential Information"), including but not limited to business strategies, financial information, Commission rates, customer data, and proprietary technology.

13.2. Confidential Information may only be disclosed:

(a) to employees, agents, or professional advisors who need to know such information for the purposes of these Terms and who are bound by obligations of confidentiality;

(b) as required by applicable law, court order, or regulatory authority; or

(c) with the prior written consent of the disclosing party.

13.3. The obligations of confidentiality in this clause shall survive the termination of these Terms for a period of two (2) years.

14. Contact Us

If you have any questions about these Terms or the OnFire Platform, please contact us at:

OnFire Messenger Ltd. 77 Camden Street Lower, Dublin, D02 XE80, Ireland

Email: [email protected] Website: https://onfire.so

These Terms and Conditions are effective as of 14 April 2026.

Version 1.0 — effective 18 August 2026. Last updated 18 August 2026.