White-Label App Agreement
Last update: 18/03/2026
This White-Label App Agreement ("Agreement") supplements the Terms of Service between Zilla Technologies Ltd. ("Foodzilla", "we", "us") and you, the nutrition or health professional or business entity ("Customer", "you"), and governs the creation, publishing, and maintenance of a white-label mobile application ("White-Label App") built by Foodzilla on your behalf.
This Agreement becomes effective when you order a White-Label App through the Foodzilla platform. A separate authorisation document will be provided to you within the platform to sign, confirming your branding details and authorising Foodzilla to publish the White-Label App on your behalf.
1. Definitions
- "White-Label App" means the mobile application built by Foodzilla using the Foodzilla platform, customised with the Customer's branding, and published on the Apple App Store and Google Play Store on the Customer's behalf.
- "Brand Assets" means the Customer's trade marks, trade names, logos, icons, colour schemes, and other branding materials provided to Foodzilla for the purpose of creating and publishing the White-Label App.
- "Setup Fee" means the one-time, non-refundable fee payable by the Customer for the design, development, and initial app store submission of the White-Label App.
- "Subscription Fee" means the recurring fee payable by the Customer for the ongoing availability, hosting, and maintenance of the White-Label App.
- "Custom Work" means any modifications, features, or development work requested by the Customer that falls outside the standard White-Label App offering.
2. Ownership and Intellectual Property
2.1 App Ownership
The White-Label App, including all underlying source code, architecture, frameworks, libraries, and technology, is and remains the sole and exclusive property of Zilla Technologies Ltd. The Customer does not acquire any ownership, equity, or intellectual property rights in the White-Label App or any part of the Foodzilla platform.
The White-Label App is licensed to the Customer on a non-exclusive, non-transferable, revocable basis for the duration of the Customer's active subscription. The Customer may not sublicense, resell, redistribute, reverse-engineer, decompile, or create derivative works from the White-Label App.
2.2 Brand Assets
The Customer retains all ownership and intellectual property rights in their Brand Assets. By providing Brand Assets to Foodzilla, the Customer grants Foodzilla a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display the Brand Assets solely for the purpose of building, publishing, maintaining, and promoting the White-Label App on app stores and related marketing materials.
The Customer represents and warrants that they own or have the necessary rights and licences to the Brand Assets provided, and that the use of such Brand Assets does not infringe upon the intellectual property rights, trade marks, or other rights of any third party.
2.3 Customer Data
Data entered by the Customer and their clients through the White-Label App is governed by the same terms as the Foodzilla platform, as set out in our Terms of Service, Privacy Policy, and Data Processing Agreement. The Customer remains the data controller for all client data processed through the White-Label App.
3. App Store Publishing
3.1 Developer Accounts
The White-Label App is published on Foodzilla's own Apple Developer and Google Play Developer accounts. The Customer does not need to maintain their own developer accounts, and is not responsible for any developer account fees charged by Apple or Google.
3.2 Publishing Authorisation
By ordering a White-Label App and signing the authorisation document provided within the Foodzilla platform, the Customer authorises Foodzilla to:
- Build and publish the White-Label App on the Apple App Store and Google Play Store using the Customer's Brand Assets.
- Manage all app store submissions, updates, and compliance requirements on the Customer's behalf.
- List the White-Label App under the Customer's business name and branding on both app stores.
3.3 App Store Compliance
Foodzilla is responsible for ensuring that the White-Label App meets the technical requirements and guidelines of the Apple App Store and Google Play Store. In the unlikely event that an app submission is rejected by either app store, Foodzilla will work to resolve the issue and resubmit the app at no additional cost to the Customer, provided that the rejection is not caused by the Customer's Brand Assets infringing upon third-party intellectual property rights, trade marks, or other legal requirements. If a rejection is caused by the Customer's Brand Assets or business name, the Customer is responsible for providing compliant alternatives.
4. Fees and Payment
4.1 Setup Fee
A one-time Setup Fee is payable upon ordering the White-Label App. The Setup Fee covers the design, development, testing, and initial app store submission of the White-Label App. The Setup Fee is non-refundable, as it covers work already performed by Foodzilla to build the Customer's White-Label App.
4.2 Subscription Fee
A recurring Subscription Fee is payable for the ongoing availability, hosting, maintenance, and updates of the White-Label App. The Subscription Fee is in addition to the Customer's standard Foodzilla platform subscription. Subscription Fees are billed in accordance with the billing terms set out in the Terms of Service.
4.3 Pricing
White-Label App pricing, including Setup Fees and Subscription Fees, is available upon request. Customers may obtain a quote by contacting us or by booking a demo through our website.
4.4 Custom Work
Standard maintenance and updates to the White-Label App, including operating system compatibility updates, new Foodzilla features, bug fixes, and app store compliance updates, are included in the Subscription Fee at no additional cost.
Any Custom Work requested by the Customer, including but not limited to bespoke features, design modifications beyond the standard offering, or unique functionality not available in the standard Foodzilla platform, must be discussed and agreed upon separately. Custom Work will be quoted, scoped, and billed independently of the Setup Fee and Subscription Fee.
5. Maintenance and Updates
Foodzilla is responsible for the ongoing maintenance and updating of the White-Label App, including:
- Operating system compatibility updates for iOS and Android.
- New features and improvements released as part of the Foodzilla platform.
- Bug fixes and performance improvements.
- App store compliance updates as required by Apple and Google.
The Customer does not need to manage any technical aspects of the White-Label App. Foodzilla handles all code, deployments, and app store submissions.
6. Non-Exclusivity
This Agreement is non-exclusive. Foodzilla may build, publish, and maintain White-Label Apps for other customers, including customers who operate in the same industry, geographic region, or market as the Customer. The Customer acknowledges that Foodzilla is not restricted from offering the same or similar services to any other party.
7. Termination
7.1 Cancellation by the Customer
The Customer may cancel their White-Label App subscription at any time by contacting Foodzilla support or through their account settings. Upon cancellation:
- The White-Label App will be withdrawn from the Apple App Store and Google Play Store.
- Existing users of the White-Label App will no longer be able to download, update, or use the app. Once the subscription is cancelled, the app will be deactivated and all users will lose access.
- The Setup Fee is non-refundable regardless of the reason for cancellation.
- No further Subscription Fees will be charged after the current billing period ends.
7.2 Termination by Foodzilla
Foodzilla may terminate this Agreement and withdraw the White-Label App from app stores if:
- The Customer fails to pay the Subscription Fee or any other amounts due.
- The Customer breaches any provision of this Agreement or the Terms of Service.
- The Customer's Brand Assets are found to infringe upon the intellectual property rights of a third party.
- Continued publishing of the White-Label App would violate applicable laws, app store policies, or expose Foodzilla to legal liability.
7.3 Effect of Termination
Upon termination of this Agreement for any reason, the licence granted to Foodzilla to use the Customer's Brand Assets shall terminate, and Foodzilla will cease using the Brand Assets within a reasonable period. Client data is handled in accordance with the Terms of Service and Data Processing Agreement.
8. Warranties and Representations
8.1 Customer Warranties
The Customer represents and warrants that:
- They own or have all necessary rights, licences, and permissions to the Brand Assets provided to Foodzilla.
- The Brand Assets and the Customer's chosen business name and app name do not infringe upon the intellectual property rights, trade marks, copyrights, or other rights of any third party.
- They will promptly notify Foodzilla of any changes to their Brand Assets or any claims of infringement relating to the Brand Assets.
The Customer is solely liable for any consequences arising from providing Brand Assets, names, or other materials that infringe upon the intellectual property, trade marks, copyrights, or other legal rights of a third party. If the Customer represents that certain Brand Assets are theirs to use when they are not, the Customer assumes full responsibility and liability for any resulting claims, legal actions, damages, fines, app store rejections, or app removals. Foodzilla relies in good faith on the Customer's representations regarding their Brand Assets and bears no responsibility for verifying the Customer's ownership or right to use them.
8.2 Foodzilla Warranties
Foodzilla represents and warrants that:
- It will use reasonable care and skill in building and maintaining the White-Label App.
- It will use commercially reasonable efforts to ensure the White-Label App complies with the technical requirements of the Apple App Store and Google Play Store.
- It will not use the Customer's Brand Assets for any purpose other than as described in this Agreement.
9. Limitation of Liability
The limitations and exclusions of liability set out in the Terms of Service apply to this Agreement. In addition:
- Foodzilla is not liable for any loss, damage, or claim arising from the Customer's Brand Assets infringing upon the rights of a third party.
- Foodzilla is not liable for any temporary unavailability of the White-Label App on app stores due to app store review processes, policy changes by Apple or Google, or circumstances beyond Foodzilla's control.
- The Customer agrees to indemnify, defend, and hold harmless Foodzilla, its officers, directors, employees, and agents from any and all claims, demands, legal actions, damages, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or related to the Customer's breach of the warranties in Section 8.1 of this Agreement, including but not limited to any claim that the Customer's Brand Assets, business name, or app name infringe upon the intellectual property rights, trade marks, copyrights, or other rights of any third party.
10. Governing Law
This Agreement is governed by the laws of New Zealand, consistent with the governing law provisions of the Terms of Service.
11. Contact
For any questions about this Agreement or the White-Label App service, please contact us.
Zilla Technologies Ltd.
New Zealand
NZBN 942 904 691 0004