These Merchant Terms & Conditions (the "Terms") constitute a legally binding agreement between you (the "Merchant", "you", or "your") and EVODOO SARL ("EVODOO", "we", "us", or "our"), governing your application to, registration on, and sale of goods through the Drayk Store mobile application (the "Store App"). They are supplemented by the Merchant Privacy & Cookie Policy, which forms an integral part of these Terms.
BY APPLYING AS A PARTNER MERCHANT, ACTIVATING A STORE ACCOUNT, OR ACCEPTING ORDERS THROUGH THE DRAYK STORE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE COMMISSION, SETTLEMENT, AND LIABILITY PROVISIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE STORE APP.
EVODOO may modify these Terms at any time. Material changes are notified via in-app notice and/or email. Continued acceptance of orders after notification constitutes acceptance. If you disagree, you must stop accepting orders and may close your account per Article 19.
ARTICLE 1. LEGAL NOTICE AND PUBLISHER INFORMATION
1.1 Publisher
The Drayk Store app is published, owned, and operated by EVODOO SARL, a limited liability company under Moroccan law, registered at DOUAR FASK, Guelmim, Morocco, 81003, under Registre du Commerce No. 5719 and I.C.E. No. 003904593000051.
1.2 Platform Role
Drayk is a digital intermediary platform under Moroccan Law No. 31-08. EVODOO provides the technology that connects customers, partner merchants, and independent drivers: it presents merchant catalogs, transmits orders, and arranges delivery. EVODOO does not prepare food, does not own the goods sold, and is not the seller of record. Each sale is concluded directly between the Merchant and the customer, in the Merchant's name and under the Merchant's responsibility for the conformity, safety, and quality of the goods.
1.3 Hosting
The platform is hosted by Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, USA.
1.4 Contact
- Electronic mail: [email protected]
- Telephone: +212 605-698143
ARTICLE 2. DEFINITIONS
- "Merchant" / "Store" means the professional partner whose establishment is listed on Drayk and which sells goods through the Store App.
- "Store App" means the Drayk Store mobile applications (iOS and Android), features, and related merchant services operated by EVODOO.
- "store_partner account" means the operator-created login linked to a store record via the store's owner identifier, used to manage that store.
- "Order" means a customer purchase from the Merchant transmitted by the platform to the Store App for acceptance and preparation.
- "Incoming" / "Preparing" / "Ready" means the successive order states in the Store App: received and awaiting decision; accepted and being prepared; prepared and awaiting driver pickup.
- "Settlement" means the periodic closing of accrued commission amounts; "Payout" means the bank transfer of net amounts owed in either direction under the settlement.
- "Commission Base" means the order subtotal on which the commission rate is applied, after deduction of Merchant-funded item discounts as described in Article 11.
- "Cash order" / "Card order" means an order paid in cash to the driver on delivery, respectively an order prepaid electronically and settled upstream.
- "RIB" means the Relevé d'Identité Bancaire identifying the Merchant's Moroccan bank account for payouts.
- "Promotion funding" means the designation of who bears the cost of a promotional benefit: Merchant-funded or platform-funded.
ARTICLE 3. PARTNERSHIP & ONBOARDING
3.1 Application
To become a partner, a restaurant owner applies through the contact channel published on drayk.ma. There is no open self-registration: every store_partner account is created by EVODOO's operations team and linked to its store record. Applying does not guarantee listing; EVODOO verifies eligibility under Article 4 before activation.
3.2 The Agreement
The partnership consists of (a) the signed commercial contract or partnership form where applicable (the "Main Document"), (b) these Terms, and (c) the Merchant Privacy & Cookie Policy. Together they form the entire agreement between EVODOO and the Merchant (the "Agreement"). In case of conflict between documents, the Main Document prevails, followed by these Terms.
3.3 Store Activation
Upon approval, EVODOO creates the store listing (name, address, zones, hours, catalog structure) and issues the store_partner credentials. The Merchant must verify all published store data at activation and report any error before accepting its first order.
ARTICLE 4. ELIGIBILITY & BUSINESS REQUIREMENTS
4.1 Registered Business
The Merchant must be a duly registered business operating lawfully in Morocco and must provide and maintain: its legal name and trade name; registered address; Registre du Commerce number; I.C.E. number; and patente / tax registration. Any change must be notified to EVODOO within 15 days.
4.2 Food Operators
Merchants preparing or selling food must hold a valid ONSSA sanitary authorisation under Law No. 28-07, comply with applicable hygiene and cold-chain rules, and maintain a valid lease or operating permit for each listed establishment. Serving food without a current authorisation is grounds for immediate suspension.
4.3 Re-verification
EVODOO may at any time require renewed or additional documents (registration extracts, authorisations, permits, identity of the legal representative). Failure to comply within the stated deadline suspends order acceptance until resolved.
ARTICLE 5. STORE ACCOUNT & CREDENTIALS
- Login: the store_partner account authenticates by email and password. First sign-in uses a temporary password that must be changed immediately; temporary credentials expire and cannot be reused.
- One account per store: each account manages only its linked store. Multi-branch merchants receive one account per establishment.
- Confidentiality: passwords are strictly confidential. The Merchant must use a strong, unique password and must never share credentials with persons outside the establishment's authorised staff.
- Device & session security: the Merchant must keep the devices running the Store App secured (lock screen, supported OS and app build), sign out of devices that are lost or reassigned, and review active sessions.
- Compromise: any suspected compromise must be notified to [email protected] without delay so the account can be secured. Actions performed through the account before notification remain attributable to the Merchant.
ARTICLE 6. CATALOG & MENU DUTIES
6.1 Accuracy
Item names, descriptions, prices, and photos must be accurate, current, and consistent with the in-store offer. Photos must depict the actual item and must not mislead as to quantity, size, or composition.
6.2 Allergen, Composition & Labelling Information
The Merchant must disclose allergens, principal ingredients, and any composition information required by Moroccan law, and must provide in Arabic the mandatory consumer information required under Law No. 31-08 for prepacked items (nature, composition, expiry, producer identification where applicable).
6.3 Availability
Catalog availability must reflect reality at all times: unavailable items must be marked out of stock and the store must be set closed outside operating hours. Repeated customer complaints about unavailable listed items are a quality breach under Article 17.
6.4 Prohibited Items
The Merchant must not list: alcoholic beverages except in strict compliance with Moroccan regulation and only where EVODOO has expressly authorised the category; expired, spoiled, or adulterated food; unlicensed tobacco or pharmaceutical products; or any goods whose sale is unlawful in Morocco. EVODOO may delist any item without prior notice where legality or safety so requires.
ARTICLE 7. PRICES, MINIMUM ORDER & FEES DISPLAY
- Prices inclusive of taxes: prices shown to customers are inclusive of all applicable taxes, as entered by the Merchant. The Merchant is responsible for the correctness of displayed prices.
- Minimum order: any minimum order amount in MAD is configured by agreement and displayed to the customer before checkout.
- No post-acceptance changes: once an order is accepted, its price and contents may not be altered unilaterally. Substitutions require customer agreement obtained through the platform flow.
- Delivery fees: delivery fees shown to the customer are set by the platform and are not the Merchant's revenue; the Merchant must not add surcharges to Drayk orders.
ARTICLE 8. ORDER ACCEPTANCE & PREPARATION
8.1 Order States
New orders arrive as Incoming. The Merchant must promptly Accept (order moves to Preparing) or Decline with a truthful reason through the confirmation flow. When the order is fully prepared and packed, the Merchant must Mark Ready so a driver is arranged for pickup. An order must never be marked Ready before it is completely prepared, packed, and sealed.
8.2 Accept Only What You Can Fulfil
Accept only orders you can fulfil in full within the preparation minutes shown or set in-app. Keep preparation-time estimates accurate and update them during rush periods. Declining after acceptance is permitted only for genuine impossibility (equipment failure, stock exhaustion, force majeure) and must use the in-app flow with a truthful reason.
8.3 Continuity
The Merchant must not set the store offline or ignore incoming orders while preparation capacity remains for accepted jobs: every accepted order must be prepared and handed over. Repeated late declines, abandonments, or false Ready confirmations are quality breaches under Article 17.
ARTICLE 9. DELIVERY HANDOVER
- Sealed and complete: hand over orders sealed, complete (all items, cutlery, and condiments included), and protected against spillage, heat loss, and contamination.
- Assigned driver only: hand the order only to the driver assigned by the platform for that order, after the driver's in-app check-in. Never hand orders to unassigned persons or leave them unattended for self-collection by unknown third parties.
- Verification: verify the order reference with the driver at handover and report any driver no-show through the in-app flow so dispatch can reassign.
- Custody transfer: responsibility for transport passes to the driver at handover; the Merchant remains responsible for preparation defects regardless of subsequent transport.
ARTICLE 10. PROMOTIONS & FUNDING
10.1 Campaign Types
Promotional campaigns may include percentage item discounts, delivery-price benefits, or free items, each defined by eligibility, minimum order, per-order caps, schedule, and budget. Participation terms are shown in-app or in the campaign addendum before launch.
10.2 Funding Rule
Merchant-funded item discounts reduce the Commission Base: commission is computed on the discounted subtotal. Platform-funded promotional amounts do not reduce the Commission Base. The funding designation shown for each campaign is binding for settlement.
10.3 Pause, Resume & End
The Merchant may pause its participation with the notice stated in the campaign terms; orders already placed under the promotion are honoured. EVODOO may end a campaign early for fraud, error, or budget exhaustion, with in-app notice.
ARTICLE 11. COMMISSIONS & SETTLEMENTS
11.1 Commission Rate & Base
Unless the Main Document provides otherwise, the default commission rate is 15%, applied to the Commission Base (order subtotal minus Merchant-funded item discounts per Article 10). Delivery fees and platform-funded promotional amounts are excluded from the base. Rate changes are policy-driven, notified in-app and/or by email, and apply prospectively.
11.2 Versioned Computation
Commission rules are versioned: each delivered order's commission is snapshotted under the rule version in force at order time, so later policy changes never retroactively alter closed orders.
11.3 Accrual into Settlements
On each delivered Cash order, the commission accrues to the Merchant's ledger as an immutable entry and is grouped into 15-day settlement periods, each carrying a due date (due_on) for payment by the Merchant. Only delivered orders accrue commission; cancelled or refunded orders do not.
11.4 Ledger & Statement
Ledger entries are immutable and typed (accrual, adjustment, payment, reversal), preserving a full audit trail. The in-app statement shows the 200 most recent entries with an entriesHasMore indicator for older history, and each settlement carries a status of Current, Due, Overdue, or Paid. Settlement balances are floored at zero: adjustments can never drive a settlement negative.
ARTICLE 12. PAYOUTS
- Bank transfer: amounts owed to the Merchant are paid by bank transfer to the verified RIB registered on the account, which must be in the Merchant's own legal name. Each payout carries a bank reference shown in-app.
- Netting: mutual amounts (commissions owed by the Merchant and sums owed to the Merchant) may be netted within a settlement cycle.
- Failed payouts: a failed payout (e.g., invalid or mismatched RIB) is shown in-app with the reason. The Merchant must correct the RIB and the amount is recovered in the next cycle. Payouts sent to wrong accounts because of Merchant-supplied data are recovered from subsequent payouts.
- No card charging: the Merchant never charges customer cards and never receives card credentials; Card orders are settled upstream by the platform.
ARTICLE 13. CASH ORDERS & CUSTODY
For Cash orders, the customer pays cash to the driver on delivery; the driver holds that cash in custody for the platform flow. The Merchant's entitlement on a delivered Cash order is the order total net of the accrued commission under Article 11 — the Merchant must not demand any cash from the driver or the customer beyond the amounts shown in-app, and must not make change, discount, or surcharge outside the platform flow. Discrepancies between shown amounts and cash received must be reported through the in-app flow within 48 hours.
ARTICLE 14. TAXES & INVOICING
The Merchant is solely responsible for declaring its sales and paying all applicable taxes, duties, and levies (notably under the Code Général des Impôts, including VAT where applicable), for keeping commercial books for 5 years per Article 5 of the Moroccan Commercial Code, and for issuing compliant invoices or receipts to customers on request. EVODOO issues periodic commission statements to support the Merchant's filings but gives no tax advice. The Merchant shall indemnify EVODOO against any reassessment, fine, or penalty resulting from its tax non-compliance.
ARTICLE 15. REVIEWS & RANKING
15.1 Customer Reviews
Verified customer reviews of fulfilled orders may be displayed on the store page. Reviews must be genuine: the Merchant must not post, commission, or incentivise fake reviews, nor suppress or manipulate genuine ones. Disputed reviews may be reported to support with evidence.
15.2 Ranking Transparency
Store ranking in customer search and listings is determined by factors including popularity, operational performance (acceptance reliability, preparation times, availability accuracy), and, where applicable, paid placement — which is always disclosed to customers as advertising. Ranking is automated merchandising, not a legal decision over the Merchant's status.
ARTICLE 16. PROHIBITED CONDUCT
The Merchant must not, without exception:
- (a) Scrape platform data, interfere with the service, use bots or automation, or attack EVODOO systems;
- (b) Share store_partner credentials outside authorised staff or operate another store's account;
- (c) Divert Drayk-originated customers off-platform to evade commissions (e.g., slipping flyers with direct-order incentives into Drayk orders);
- (d) Discriminate against Drayk orders on price, portion, quality, or preparation priority relative to in-store or other-channel orders;
- (e) Breach food-safety, hygiene, or labelling duties, or sell expired, spoiled, or unlicensed goods;
- (f) Misuse customer personal data contrary to the Merchant Privacy & Cookie Policy, including contacting customers outside fulfilment or retaining their details afterwards.
ARTICLE 17. SUSPENSION, RESTRICTION & PENALTIES
17.1 Graduated Measures
Quality or compliance failures may lead to warnings, order-volume throttling, temporary suspension of order acceptance, or permanent deactivation, proportionate to severity and recurrence. An overdue settlement triggers an in-app order-acceptance restriction banner until the balance is paid.
17.2 Immediate Suspension
The following lead to immediate suspension or deactivation without prior warning: food-safety endangerment; sale of unlawful goods; credential sharing outside the establishment; commission evasion or cash-flow manipulation; fake reviews; and assault, threats, or harassment of customers, drivers, or EVODOO personnel.
17.3 Appeals
The Merchant may appeal any restriction, suspension, or deactivation within 15 days by emailing [email protected] with the store name, the measure reference, and supporting evidence. EVODOO reviews appeals with human oversight and responds within 30 days. The measure remains in force during review unless overturned.
ARTICLE 18. LIABILITY & INDEMNITY
18.1 Platform Provided "As Is"
THE STORE APP AND PLATFORM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF CONTINUOUS UPTIME, ERROR-FREE OPERATION, OR GUARANTEED ORDER VOLUME OR REVENUE. ORDER FLOW DEPENDS ON CUSTOMER DEMAND, DRIVER AVAILABILITY, AND THE MERCHANT'S OWN PERFORMANCE AND AVAILABILITY.
18.2 Merchant Liability
THE MERCHANT IS SOLELY LIABLE FOR THE GOODS IT SELLS: CONFORMITY, COMPOSITION, HYGIENE, LABELLING, AND FITNESS FOR CONSUMPTION, AS WELL AS ITS PREMISES, STAFF, AND EQUIPMENT — SUBJECT ONLY TO MANDATORY MOROCCAN LAW.
18.3 EVODOO's Liability Cap
To the maximum extent permitted by Moroccan law, EVODOO's aggregate liability to the Merchant under these Terms is capped at the total commissions accrued on the Merchant's account in the 3 months preceding the claim event, and EVODOO is never liable for indirect, incidental, consequential, or lost-profit damages.
18.4 Indemnity
The Merchant shall indemnify and hold harmless EVODOO, its personnel, drivers, and customers against claims, fines, and damages arising from food defects, IP infringements (catalog content), regulatory breaches, tax non-compliance, or misuse of personal data attributable to the Merchant.
18.5 Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, epidemics, unrest, war, terrorism, government action, power or network failures). Obligations suspend to the extent affected, with reasonable notice and resumption efforts.
ARTICLE 19. DURATION, TERMINATION & ACCOUNT DELETION
19.1 Term & Termination
These Terms take effect upon acceptance and remain in force while the store account exists. Either party may terminate with 15 days' written notice; EVODOO may terminate immediately for the serious breaches listed in Article 17.2. Outstanding settlements and payouts survive termination and are closed in the following cycle.
19.2 Account Deletion (Verified Request Only)
There is no self-serve deletion in the Store App. To delete the store account, the Merchant submits a verified support request (including the in-app WhatsApp prefilled flow where offered), confirms its identity as the account owner, and settles any outstanding balance first. A 15-day grace period applies, during which sign-in to the store account cancels the deletion. Deletion closes the listing and credentials; statutory financial records are retained for 5 years in de-identified form per the Merchant Privacy & Cookie Policy, consistent with Apple App Store and Google Play deletion-compliance requirements.
ARTICLE 20. GENERAL PROVISIONS & GOVERNING LAW
20.1 Amendments & Notices
EVODOO may amend these Terms with in-app and/or email notice; continued acceptance of orders constitutes acceptance. Operational notices (orders, payouts, compliance) are delivered via push, in-app, or email — keep contact details current.
20.2 Severability; Entire Agreement; No Waiver; Assignment
Invalid provisions are modified to the minimum extent or severed, the remainder continuing in force. The Agreement (Article 3.2) constitutes the entire agreement on merchant services, superseding prior versions. Failure to enforce is not a waiver. The Merchant may not assign its rights without EVODOO's written consent; EVODOO may assign to affiliates, successors, or acquirers.
20.3 Language & Consumer Safeguard
These Terms exist in English, French, and Arabic. In case of discrepancy, the French version prevails. Nothing in these Terms limits the mandatory protections of Moroccan Law No. 31-08, including the prohibition of abusive clauses in consumer-facing terms.
20.4 Governing Law & Jurisdiction
These Terms are exclusively governed by the laws of the Kingdom of Morocco. Disputes are first subject to good-faith negotiation for 30 days; failing resolution, they fall under the exclusive jurisdiction of the Competent Commercial Courts of Agadir, Morocco.