Terms of Service

Welcome to menuws. By accessing or using our service, creating an account, or creating a digital menu, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our service.

These Terms constitute a legal agreement between you ("User," "you," or "your") and menuws, operated by 321K ("Operator," "we," "us," or "our") regarding your access to and use of the menuws platform, including our website, services, and applications (collectively, the "Service").

Age Requirement: You must be at least 16 years old to use this Service. If you are under 16, you may not use the Service. If you are between 16 and 18, you may use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.

Account Creation: By creating an account, you represent that all information you provide is accurate, current, and complete, and you agree to maintain the accuracy of this information.

Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of material changes by email and/or by posting an updated version on our website with a new "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

Additional Policies: These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your information. By accepting these Terms, you also agree to our Privacy Policy.

menuws is a digital menu platform that allows restaurants, cafés, bars, and food service businesses to create, manage, and share digital menus accessible via public URLs.

What We Provide:

• Software platform for creating and managing digital menus
• Hosting infrastructure for menus at unique URLs in the format /m/[menuname]
• Database storage for menu content (categories, items, prices, and settings)
• Real-time updates to published menus
• Mobile and desktop-responsive menu display
• Two service tiers: Free and Premium (with different feature sets)
• Analytics tools for Premium users to track menu performance
• Fidelity card system for Premium users to create and manage customer loyalty programs

What You Provide:

• All menu content including restaurant name, address, contact information
• Category names, item names, descriptions, and prices
• Images for menu items (Premium users only)
• Custom links to social media and other platforms
• Accuracy and legality of all information posted

Public Access: All menus created on menuws are publicly accessible at their respective /m/[menuname] URLs. Anyone with the URL can view your menu. Menus may also be indexed by search engines. There is no option to make menus private or password-protected. By using the Service, you acknowledge and consent to this public visibility.

Platform Role: menuws is a platform provider, not a publisher of your content. We do not create, edit, or verify the content you post. You are solely responsible for all content you publish through our Service.

No Food Service: menuws does not sell food, process food orders, or provide any food service. We provide only the software and hosting for digital menus. Any transactions between you and your customers are separate from our Service.

Account Creation: To use certain features of the Service, you must create an account by providing your first name, last name, and email address, and creating a password. You must provide accurate and complete information.

Email Verification: You must verify your email address to activate your account and use certain features. We may send important notices to your registered email address, and you are responsible for keeping this email address current.

Password Security: You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to:

• Choose a strong password and keep it secure
• Not share your password with anyone
• Notify us immediately of any unauthorized use of your account
• Log out of your account at the end of each session when using a shared computer

Account Responsibility: You are solely responsible for all activity that occurs under your account, whether or not you authorized such activity. We are not liable for any loss or damage arising from your failure to maintain the security of your account and password.

No Account Sharing: Your account is personal to you. You may not sell, transfer, or otherwise share your account credentials with any other person. Premium users may grant access to additional users through our multi-user management feature (described in Section 9), but this is distinct from sharing account credentials.

Account Termination: We may suspend or terminate your account at any time if we believe you have violated these Terms, provided false information, engaged in fraudulent activity, or for any other reason at our sole discretion. You may also terminate your account at any time through your account settings.

Inactive Accounts: We reserve the right to delete accounts that have been inactive (no login) for 12 or more consecutive months after providing you with 60 days' notice via email.

Your Content Ownership: You retain all ownership rights to the content you upload, post, or otherwise make available through the Service ("User Content"), including but not limited to:

• Restaurant name, description, and branding
• Menu category names and descriptions
• Menu item names, descriptions, and prices
• Images you upload (Premium feature)
• Contact information and custom links

menuws does not claim any ownership rights to your User Content.

License Grant to menuws: By uploading User Content to our Service, you grant menuws a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the following purposes:

• Hosting and displaying your menu at its public URL
• Storing your content in our database systems
• Creating backups for disaster recovery purposes
• Caching and distributing your content via content delivery networks (CDNs) for performance optimization
• Generating thumbnails or optimized versions of images
• Providing analytics and reporting features to you
• Any other purpose necessary to provide and improve the Service

This license exists only while your content is on our platform and for a reasonable backup retention period (90 days) after you delete content. We will not use your User Content for marketing purposes or share it with third parties without your separate consent.

Your Representations and Warranties: By posting User Content, you represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize menuws to use your User Content as described in these Terms
• Your User Content does not infringe any copyright, trademark, trade secret, or other intellectual property rights of any third party
• Your User Content does not violate any applicable laws or regulations
• Your User Content does not contain any viruses, malware, or other harmful code
• All images you upload are either owned by you or you have a valid license to use them for commercial purposes
• All information in your User Content (prices, allergen information, nutritional claims, etc.) is accurate and current

Prohibited Content: You may not upload, post, or transmit any User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringes any copyright, trademark, patent, trade secret, or other intellectual property rights
• Contains false, misleading, or fraudulent information, including but not limited to:
  • Fake or deceptive pricing (bait-and-switch tactics)
  • False allergen information
  • Misleading nutritional or health claims
  • Impersonation of other businesses or restaurants
• Violates food safety regulations or health codes
• Contains malware, viruses, or other malicious code
• Includes phishing links or attempts to defraud users
• Violates the privacy rights of any third party

Image Upload Responsibility: You are solely and entirely responsible for all images you upload to the Service. By uploading any image, you represent and warrant that:

• You own the image or have obtained all necessary rights, licenses, and permissions to use it
• The image does not contain illegal, pornographic, sexually explicit, violent, hateful, discriminatory, or otherwise objectionable content
• The image does not violate any intellectual property rights, including copyrights, trademarks, or rights of publicity of any third party
• The image does not depict or promote illegal activity
• The image does not contain content that discriminates based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic

Content Removal Without Notice: menuws reserves the right, at its sole discretion, to remove, disable, or restrict access to any image, content, or material uploaded to the Service without prior notice and without liability to you. This includes, but is not limited to, content that we determine, in our sole judgment, to be:

• Illegal under applicable law
• Pornographic, sexually explicit, or obscene
• Violent, threatening, or promoting violence
• Hateful, discriminatory, or promoting discrimination
• Infringing on intellectual property rights
• Fraudulent, misleading, or deceptive
• Otherwise objectionable or in violation of these Terms

You acknowledge and agree that menuws has no obligation to review content before it is published, but has the absolute right to remove any content at any time, for any reason or no reason, without prior notice and without any obligation to explain the removal or provide compensation.

Content Monitoring and Removal: While we are not obligated to monitor User Content, we reserve the right (but have no obligation) to review, monitor, and remove any User Content that violates these Terms or that we deem objectionable in our sole discretion. We may remove such content without prior notice and without liability to you.

DMCA Compliance: We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our DMCA agent at contact@menuws.com with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, with sufficient detail for us to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Repeat Infringer Policy: We will terminate the accounts of users who are repeat copyright infringers. Our policy is:

• First violation: Warning and content removal
• Second violation: Temporary suspension (30 days)
• Third violation: Permanent account termination

Counter-Notice: If you believe that content you posted was removed in error or that you have the right to post the content, you may send a counter-notice to our copyright agent at contact@menuws.com with your contact information, identification of the removed content, and a statement under penalty of perjury that you believe the content was removed in error.

menuws offers both free and paid subscription tiers with different features and limitations.

Free Tier:

• Price: $0 (no payment required)
• Duration: Indefinite, until you cancel your account or violate these Terms
• See Section 7 for Free tier limitations

Premium Tier:

• Price: $9 per month (originally $14, currently discounted)
• Billing: Billed monthly on the same day each month
• Auto-Renewal: Subscription automatically renews unless you cancel
• See Section 7 for Premium tier features

Gold Tier (Annual):

• Price: $99 per year (originally $108, currently discounted)
• Billing: Billed annually on the anniversary of your purchase
• Auto-Renewal: Subscription automatically renews unless you cancel
• Same features as Premium tier

Auto-Renewal and Cancellation: All paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings. Cancellation stops future charges but does not provide a refund for the current billing period. Your service will remain active until the end of your current paid period.

Payment Processing: All payments are processed through Stripe, a third-party payment processor. By subscribing to a paid tier, you agree to Stripe's terms of service and privacy policy. Your payment information is stored and processed by Stripe, not by menuws. We do not have access to your full credit card information.

Price Changes: We reserve the right to change our pricing at any time. If we increase the price of your subscription, we will provide you with at least 30 days' advance notice via email to your registered email address. The new price will take effect at your next renewal after the notice period. You may cancel your subscription before the new price takes effect if you do not wish to pay the increased price. Continued use of the Service after the price increase takes effect constitutes your acceptance of the new price.

Failed Payments: If your payment method fails or cannot be charged:

• Days 1-7: Grace period. We will send email reminders to update your payment method. Your account remains fully active with all Premium features.
• Day 8: Your account will be automatically downgraded to the Free tier. See Section 7 for details on how your content will be handled during the downgrade process.

To restore Premium features after a failed payment downgrade, you must update your payment method and resubscribe to a Premium plan.

Refund Policy: We do not provide refunds for partial months or years of service. When you cancel a subscription, you will not receive a refund for any unused time remaining in your current billing period. Exceptions to this policy:

• Legal Requirements: Where required by law (such as EU consumer protection laws or certain state laws), we will provide refunds as legally mandated.
• Technical Failures: If our Service is completely unavailable for an extended period due to a fault on our end, we may provide a prorated refund at our discretion.
• Billing Errors: If you were charged incorrectly due to a billing error, we will correct the charge.
• Fraudulent Charges: If your payment method was used fraudulently, we will provide a full refund.

To request a refund under one of these exceptions, contact us at contact@menuws.com within 30 days of the charge. Refunds are issued to the original payment method.

Upgrading: You may upgrade from Free to Premium or from monthly to annual billing at any time. Upgrades take effect immediately. For upgrades during a billing period, you will be charged a prorated amount for the remainder of the current period, and your next billing date will be adjusted accordingly.

Downgrading: You may downgrade from Premium to Free or from annual to monthly billing at any time, but the change will take effect at the end of your current billing period. You will not receive a prorated refund for the unused portion of your subscription. During the notice period, you will retain access to Premium features. After the downgrade takes effect, see Section 7 for how your content will be handled if it exceeds Free tier limits.

Taxes: Prices do not include applicable sales tax, VAT, GST, or other taxes unless explicitly stated. You are responsible for paying any applicable taxes based on your location. We will collect and remit taxes where required by law. If you are tax-exempt, you must provide a valid tax exemption certificate.

Free Trials: If we offer a free trial of a paid tier, your trial will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial ends. A valid payment method is required to start a free trial. You will be charged the full subscription price when the trial period ends. Free trials are limited to one per user, per tier, based on email address.

"As-Is" Service: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee that the Service will be available at all times, operate without interruption, or be free from errors or defects. You acknowledge and agree that your use of the Service is at your sole risk.

No Uptime Guarantee: We do not guarantee any specific uptime or availability for the Service. The Service may be unavailable due to maintenance, technical issues, third-party service failures, or other reasons beyond our control. We are not liable for any downtime or unavailability, including lost revenue, lost customers, or other consequential damages.

Planned Maintenance: We will make reasonable efforts to schedule planned maintenance during off-peak hours and provide advance notice when feasible. However, we reserve the right to perform maintenance at any time without advance notice if necessary to maintain security or stability.

Emergency Maintenance: We may take the Service offline at any time without notice to address security vulnerabilities, critical bugs, or other emergencies.

No Data Loss Guarantee: While we implement backup systems and take reasonable measures to protect your data, we do not guarantee that your data will never be lost, corrupted, or deleted. You are responsible for maintaining your own backups of your menu content. We are not liable for any data loss, regardless of cause.

Third-Party Dependencies: Our Service relies on third-party services, including but not limited to:

• Cloud database hosting providers
• Application hosting and serverless infrastructure providers
• Stripe (payment processing)
• Content delivery networks (CDNs)

If any of these third-party services experience outages or failures, our Service may be unavailable or degraded. We are not responsible for any failures or issues caused by third-party services.

Service Modifications: We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We may:

• Add new features
• Remove or change existing features
• Change the user interface or user experience
• Change technical implementations or infrastructure

We will provide reasonable advance notice for material changes that significantly affect paid subscribers (typically 30 days for changes that remove features, 90 days for changes that remove paid features). Non-material changes may be made without notice.

Beta Features: We may offer beta or experimental features to some or all users. These features are provided for testing and feedback purposes and may be unstable, incomplete, or have limited functionality. Beta features are provided "AS IS" without any guarantees and may be changed or removed at any time without notice.

Limitations on Use: To maintain Service quality and prevent abuse, we may implement rate limits, storage limits, or other technical limitations on your use of the Service. If you exceed these limits, we may temporarily restrict your access or require you to upgrade your service tier.

menuws offers two service tiers with different features and limitations. By using the Service, you agree to comply with the limitations of your current tier.

Free Tier Limitations:

• Menus: Maximum of 1 menu
• Categories: Maximum of 5 categories per menu
• Items: Maximum of 55 items per menu
• Images: Not available (0 images)
• Analytics: Not available
• Multi-User Access: Not available (only account owner can edit)
• Support: Community support and best-effort email support only
• Service Level: No Service Level Agreement (SLA)
• Branding: Menus may include "Powered by menuws" branding or watermark
• Advertising: We reserve the right to display advertisements on Free tier menus

Premium/Gold Tier Features:

• Menus: Maximum of 10 menus
• Categories: Unlimited categories per menu
• Items: Maximum of 100 items per menu
• Images: Up to 5 images per item, 2 MB maximum per image, 50 MB total storage per menu
• Analytics: Full analytics dashboard with 180 days (6 months) of data retention
• Multi-User Access: Add up to 10 additional users (managers/editors) per menu
• Support: Priority email support with 24-48 hour response time target
• Early Access: Access to beta features and new features before general release
• Fidelity Cards: Create and manage digital fidelity/loyalty cards for your customers
• No Branding: No "Powered by menuws" branding on your menus
• No Advertising: No advertisements displayed on your menus

Tier Enforcement: The Service automatically enforces tier limitations. If you attempt to exceed your tier's limits (e.g., try to create a 6th category on Free tier), you will receive an error message and be prompted to upgrade to Premium or remove existing content.

Downgrade from Premium to Free: If you downgrade from a Premium or Gold subscription to the Free tier, the following process applies:

• Immediately: Multi-user access is revoked. All managers and editors lose access to your menus.
• Immediately: Analytics dashboard becomes read-only. New analytics data stops being collected.
• Within 7 days: You must select which one menu to keep active. You can do this through your account settings.
• Within 14 days: You must reduce your selected menu to comply with Free tier limits (maximum 5 categories and 55 items). You can delete or export content through the menu editor.
• Day 30: If you have not complied with Free tier limits, excess content will be automatically hidden. Categories and items will be hidden in reverse chronological order (oldest first) until your menu is within limits.
• Day 90: All hidden content, images, and analytics data will be permanently deleted.

Menus that you did not select to keep active will become inaccessible but will not be immediately deleted. Their data will be preserved in a read-only state for 90 days, during which you can reactivate them by upgrading back to Premium. After 90 days, non-selected menus will be permanently deleted.

Data Recovery During Downgrade Period: During the 90-day window after downgrading, you can:

• Export your data from hidden menus and content
• Upgrade back to Premium to restore full access to all content
• Copy content from hidden menus to your active Free tier menu (subject to Free tier limits)

After the 90-day window, recovery is not possible.

Data Retention for Free Tier:

• Active accounts: Data is retained indefinitely while your account is active and in good standing
• Inactive accounts: If your Free tier account has no login activity for 12 consecutive months, we may delete your account and all associated data after providing 60 days' notice via email
• Deleted accounts: After you delete your account, data is retained for 30 days for recovery purposes, then permanently deleted

Premium Feature: Analytics tracking and reporting are available only to Premium and Gold tier subscribers. Analytics are not available for Free tier menus.

What We Track: For menus owned by Premium/Gold users, we collect the following analytics data from end users who view your menus:

• Menu Views: When someone visits your menu URL (/m/[menuname])
• Category Clicks: When someone expands or views a category
• Item Clicks: When someone clicks or views an item detail

Data Collected Per Event:

• Event type (menu view, category click, or item click)
• Menu ID, category ID, or item ID (as applicable)
• Session ID (anonymized, randomly generated)
• Timestamp of the event
• User agent (browser and device information)
• Language preference (from browser settings)

Data We Do NOT Collect:

• Raw IP addresses of menu viewers (we store only a one-way hash that cannot be reversed)
• Names or personal identifiers
• Precise geolocation data
• Persistent tracking across sessions (no long-term cookies)

Data Minimization: We collect only the minimum data necessary to provide analytics features. This approach aligns with GDPR's data minimization principle and protects the privacy of your customers.

Who Can Access Analytics:

• Menu owners (account holders who created the menu)
• Managers and editors you've granted access to (if multi-user access is enabled)
• menuws staff for debugging and technical support purposes only (not routine viewing)

Analytics data is not shared with third parties, sold, or used for any purpose other than displaying it to you.

Data Retention: Analytics data is retained for 180 days (6 months) from the date of collection, after which it is automatically and permanently deleted. You can request earlier deletion of analytics data by contacting contact@menuws.com.

Online Users Tracking (Premium Feature): Premium menus may display a count of "online users" currently viewing the menu. This feature works by:

• Creating a temporary session entry when someone opens your menu
• Sending a heartbeat signal every 30 seconds while the menu is open
• Automatically expiring sessions after 60 seconds of inactivity

Session data includes only a randomly generated session ID and timestamp. No personal information is collected. Session data is stored temporarily and automatically deleted when sessions expire.

End User Privacy: End users who view your menu are tracked as described above. While we minimize data collection, you should disclose analytics tracking to your customers if required by applicable privacy laws (such as GDPR, CCPA, or other regulations). We recommend adding a privacy notice to your menu or website informing customers that menu views are tracked for analytics purposes.

Your Responsibilities as Data Controller: If you use our analytics features to collect data about your customers (menu viewers), you may be considered a "data controller" under privacy laws such as GDPR. As a data controller, you are responsible for:

• Having a legal basis for collecting analytics data (such as legitimate interest or consent)
• Disclosing to your customers that analytics are collected
• Responding to data subject requests from your customers (access, deletion, etc.)
• Complying with all applicable privacy laws in your jurisdiction

menuws processes analytics data on your behalf and serves as a "data processor." We will cooperate with you to fulfill data subject requests related to analytics data. Contact contact@menuws.com for assistance with data subject requests.

Analytics on Downgrade: If you downgrade from Premium/Gold to Free tier:

• Analytics data collection stops immediately
• Existing analytics data remains accessible in read-only mode for 90 days
• After 90 days, all analytics data is permanently deleted
• If you upgrade again within 90 days, analytics data is restored and collection resumes

Premium Feature: Multi-user management is available only to Premium and Gold tier subscribers. Free tier users cannot add additional users to their menus.

Overview: Premium users can grant access to their menus to additional users, allowing collaboration in managing menu content. The account owner (menu creator) always retains full control.

User Roles:

1. Owner (Menu Creator):

• Full control over the menu and all settings
• Can add and remove managers and editors
• Can edit all menu content
• Can delete the menu
• Can manage subscription and billing
• Cannot transfer ownership to another user

2. Manager (Added by Owner):

• Can edit all menu content (categories, items, prices, settings)
• Can add and remove other managers and editors (if granted by owner)
• Cannot delete the menu
• Cannot change subscription or billing settings
• Cannot remove the owner

3. Editor (Added by Owner or Manager):

• Can edit existing items (names, descriptions, prices)
• Cannot add or remove categories or items
• Cannot manage other users
• Cannot delete the menu
• Cannot change settings

User Limit: Premium/Gold users can add up to 10 additional users per menu. This includes both managers and editors combined. The owner does not count toward this limit.

Owner Responsibility: As the menu owner, you are fully responsible for all actions taken by any user you grant access to. This includes:

• Any content they upload or modify
• Any violations of these Terms they commit
• Any intellectual property infringement they cause
• Any damage or liability resulting from their actions

By adding users to your menu, you represent that:

• You have the authority to grant them access
• You will ensure they comply with these Terms of Service
• You accept responsibility for their conduct
• They are authorized to access and modify your business information

Adding and Removing Users: You can add users by entering their email address in your menu settings. They will receive an email invitation to access your menu. You can remove any user at any time without notice, and their access will be revoked immediately. Removed users cannot access or modify your menu after removal.

No Ownership Transfer: Menu ownership is tied to the account that created the menu and cannot be transferred to another user, including managers or editors. If you wish to transfer ownership of a menu, you must contact us at contact@menuws.com and we will evaluate your request on a case-by-case basis. Ownership transfer is not guaranteed and may require account verification and additional terms.

Account Termination Impact: If your account is terminated for any reason, all users you granted access to will immediately lose access to your menus. They will be notified via email. There is no transfer of access or ownership to managers or editors in the event of account termination.

User Violations: If a user you've granted access to violates these Terms, we may:

• Remove that user's access to your menu
• Suspend or terminate your account (the owner's account)
• Take legal action against you as the responsible party

We encourage you to carefully vet users before granting them access and to monitor their activities.

Multi-User Access on Downgrade: If you downgrade from Premium/Gold to Free tier, multi-user access is immediately revoked. All managers and editors will lose access to your menus when the downgrade takes effect. They will be notified via email. You (the owner) will retain sole access.

You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. The following uses are explicitly prohibited:

1. Illegal Activity:

• Any activity that violates applicable local, state, national, or international law or regulation
• Criminal activity of any kind
• Terrorist content or activity
• Child exploitation or child sexual abuse material (CSAM)
• Drug trafficking or sale of controlled substances
• Money laundering
• Violations of economic sanctions or export control laws

2. Intellectual Property Violations:

• Copyright infringement, including using images, text, or other content without proper authorization
• Trademark infringement, including using other businesses' names, logos, or branding without permission
• Trade secret theft or misappropriation
• Patent infringement

3. Fraudulent or Misleading Content:

• Posting fake or inflated prices with intent to deceive (bait-and-switch tactics)
• False allergen information or failure to disclose allergens
• Misleading nutritional claims or health claims
• Impersonating other restaurants, businesses, or individuals
• Creating fake menus for businesses you don't operate
• Providing false or fraudulent contact information

4. Harmful Technical Activity:

• Uploading or transmitting viruses, malware, trojans, worms, or other malicious code
• Attempting to gain unauthorized access to our systems, servers, or databases
• SQL injection, cross-site scripting (XSS), or other injection attacks
• Distributed denial-of-service (DDoS) attacks or other attempts to disrupt the Service
• Reverse engineering, decompiling, or disassembling the Service or any part of it
• Circumventing or attempting to circumvent security measures, authentication systems, or rate limits
• Using automated tools, scripts, bots, or scrapers to access or extract data from the Service without authorization
• Overloading our systems with excessive requests or creating unreasonably large menus to strain resources

5. Spam and Abuse:

• Creating menus for the purpose of spamming search engines or users
• Including phishing links or deceptive links in your menu
• Sending unsolicited emails or communications through the Service
• Creating multiple accounts to evade tier limits or bans (ban evasion)
• Using the Service to distribute spam, chain letters, or pyramid schemes

6. Menu Name Squatting and Abuse:

• Registering menu names you do not intend to use for a legitimate restaurant or food service business
• Registering menu names that infringe trademarks (e.g., "starbucks", "mcdonalds", "subway")
• Typosquatting (registering misspellings of famous brands)
• Registering menu names with the intent to sell, transfer, or hold them for ransom
• Warehousing valuable menu names without using them

We reserve the right to reclaim menu names that:

• Infringe trademarks (upon request from the trademark holder)
• Have been inactive (no updates) for 12 or more months
• Were registered in violation of this policy

7. Competitive and Commercial Abuse:

• Using the Service to build or support a competing menu service or platform
• Scraping data from the Service to build a competing product or database
• Reverse engineering the platform to replicate our features or technology
• Reselling or white-labeling the Service without our written authorization
• Using the Service as a general file hosting or content delivery service (only menu-related content is permitted)

8. Food Safety and Regulatory Violations:

• Posting content that violates food safety regulations or health codes
• Making false claims about organic, non-GMO, gluten-free, or other regulated food categories
• Advertising the sale of restricted items (e.g., alcohol to minors)
• Violating labeling requirements for allergens, nutritional information, or other mandatory disclosures in your jurisdiction

9. Account Abuse:

• Sharing your account credentials with others (distinct from authorized multi-user access)
• Selling, transferring, or renting access to your account
• Creating multiple free accounts for a single business to evade tier limits
• Using stolen, invalid, or fraudulent payment methods
• Providing false information during registration

10. Privacy Violations:

• Posting private information about individuals without their consent
• Collecting or harvesting personal information from menu viewers without authorization
• Violating the privacy rights of third parties

Enforcement: Violations of these Prohibited Uses may result in:

Tier 1 - Warning (First Offense, Minor Violation):

• Email warning with explanation of violation
• 7 days to remedy the violation
• Violating content removed
• Example: Copyrighted image uploaded unknowingly, promptly removed upon notice

Tier 2 - Suspension (Second Offense or Moderate Violation):

• Account suspended for 30 days
• Menus become inaccessible during suspension
• Must acknowledge Terms to reactivate
• Example: Repeated minor violations, misleading pricing, spam

Tier 3 - Termination (Third Offense or Severe Violation):

• Permanent account termination
• All data deleted after 30-day recovery period
• No refund of subscription fees
• May be banned from creating new accounts (IP/email block)
• Example: Continued violations after suspension, severe fraud, pattern of abuse

Immediate Termination (No Warning):

Certain severe violations result in immediate account termination without prior warning:

• Illegal content (CSAM, terrorism, etc.)
• Security breaches or hacking attempts
• Severe fraud or criminal activity
• Threats, harassment, or endangerment of others

In cases of immediate termination, we may also report the activity to law enforcement authorities.

Appeals: If you believe your account was suspended or terminated in error, you may appeal by contacting contact@menuws.com within 14 days of the action. Include your account email, a description of the issue, and any relevant information. We will review appeals but are not obligated to reinstate accounts.

Either party may terminate this agreement as described below. Upon termination, your access to the Service will be revoked and your data will be handled as specified in this section.

User-Initiated Termination (Voluntary):

You may cancel your account and terminate your agreement with menuws at any time through your account settings. To cancel:

• Log in to your account
• Go to Account Settings
• Click "Cancel Subscription" or "Delete Account"
• Follow the prompts to confirm cancellation

Effects of Voluntary Cancellation:

• For Paid Subscriptions: Your subscription will be canceled but will remain active until the end of your current billing period. You will not be charged for the next billing period. You will not receive a refund for the remaining time in your current period.
• For Free Accounts: Your account and all menus will be immediately deactivated but data will be retained for 30 days (see below).

Data Retention After Voluntary Cancellation:

• Days 1-30: Your account data is preserved in full. You can reactivate your account at any time by logging back in. Your menus will be restored exactly as they were.
• Day 30: If you have not reactivated, we will send a final confirmation email asking if you want to permanently delete your data or keep it for a longer recovery period.
• After Day 30: If you request permanent deletion or do not respond, all your data will be permanently deleted and cannot be recovered.
• After 12 Months (Inactive Free Accounts): Free accounts with no login activity for 12 consecutive months may be automatically deleted after we provide 60 days' notice via email.

Data Export: Before canceling, you can export all your menu data in JSON or CSV format through your account settings. This export includes all menus, categories, items, prices, and settings. You have 30 days after cancellation to export your data. After 30 days, the export option is no longer available.

Company-Initiated Termination (Involuntary):

menuws may suspend or terminate your account at any time for the following reasons:

1. Terms of Service Violations:

• Violation of any provision of these Terms
• Prohibited uses as described in Section 10
• Fraudulent activity or abuse of the Service

2. Payment Issues (Premium/Gold Users):

• Chargebacks or payment disputes
• Use of fraudulent or invalid payment methods

Note: Failed payments alone do not result in account termination. After the 7-day grace period, accounts are downgraded to Free tier (see Section 5).

3. Security Risks:

• Account compromised or used for malicious activity
• Security vulnerability that poses risk to other users or the platform

4. Legal Requirements:

• Court order or legal process requiring termination
• Law enforcement request
• Compliance with applicable laws

5. At-Will Termination (With Notice):

• menuws may terminate any account at any time for any reason or no reason
• We will provide at least 30 days' advance notice via email for at-will terminations
• You will have the opportunity to export your data during this notice period
• If terminated at-will (not for cause), Premium/Gold users will receive a prorated refund for any remaining paid period

Effects of Company-Initiated Termination:

• Immediately: You cannot log in to your account
• Immediately: All your menus become inaccessible and return a 404 error at their public URLs
• Within 24 Hours: Email notification sent with reason for termination and appeal instructions (if applicable)
• Day 30: All account data permanently deleted (no recovery possible)

No Refund for Termination for Cause: If your account is terminated due to violation of these Terms, non-payment, fraud, or other cause attributable to you, you will not receive a refund for any remaining subscription period. This includes Premium and Gold subscriptions.

Exception - Termination Without Cause: If we terminate your account at-will without cause (not for violation, non-payment, or other user fault), Premium/Gold users will receive a prorated refund for the unused portion of their subscription.

What Data is Deleted:

Upon permanent deletion (30 days after termination), the following data is permanently and irreversibly deleted:

• User account (email, password, profile information)
• All menus, categories, and items
• All uploaded images
• All analytics data
• All change history
• Multi-user access records

What Data is Retained:

Certain data is retained after termination for legal, tax, or operational reasons:

• Financial Records: Invoices, payment records, and transaction history are retained for 7 years to comply with tax laws
• Legal Notices: DMCA notices, counter-notices, and legal correspondence are retained indefinitely
• Security Logs: Logs related to suspected illegal activity or security incidents are retained indefinitely for law enforcement and security purposes
• Aggregated Analytics: Anonymized and aggregated data that cannot be attributed to you may be retained indefinitely

Menu URL Reclamation: When your account is terminated or you delete a menu, the menu URL (/m/[menuname]) returns a 404 error immediately. After 90 days, the menu name becomes available for registration by other users. During the 90-day period, the name is reserved in case you reactivate your account or restore the menu.

Impact on Multi-User Access: If your account is terminated, all users you granted access to (managers and editors) will immediately lose access to your menus. They will receive an email notification. There is no transfer of ownership or access to these users. If they need access to the menu content, they should contact you directly before termination to export or copy the data.

Survival of Terms: Even after termination, certain provisions of these Terms survive and remain in effect, including:

• Intellectual Property rights (Section 4)
• Indemnification obligations (Section 14)
• Limitation of Liability (Section 13)
• Dispute Resolution (Section 15)
• Any payment obligations incurred before termination

This means that if you committed a violation before termination, you remain liable for that violation even after your account is deleted. Similarly, any indemnification obligations you agreed to continue to apply to actions taken while your account was active.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENUWS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES:

• Merchantability: We do not warrant that the Service is fit for any particular purpose or of merchantable quality
• Fitness for a Particular Purpose: We do not warrant that the Service will meet your specific requirements or be suitable for your business needs
• Title: We do not warrant that your use of the Service will not infringe third-party rights
• Non-Infringement: We do not warrant that the Service is free from intellectual property claims

2. SERVICE PERFORMANCE:

• We do not warrant that the Service will be available at all times, operate without interruption, or be error-free
• We do not warrant that the Service will be secure or free from viruses, bugs, or other harmful components
• We do not warrant that any defects or errors will be corrected
• We do not warrant that the Service will operate in combination with any particular hardware, software, system, or data
• We do not guarantee any specific uptime, performance level, or speed

3. ACCURACY AND RELIABILITY:

• We do not warrant that the results obtained from using the Service will be accurate or reliable
• We do not warrant that the quality of the Service will meet your expectations
• We do not verify, guarantee, or take responsibility for the accuracy of any User Content, including:
  • Menu prices
  • Allergen information
  • Nutritional information
  • Item availability
  • Restaurant hours or contact information
  • Any other information posted by users

CRITICAL DISCLAIMER - ALLERGEN INFORMATION: menuws does NOT verify allergen information posted by users. Allergen information on menus is provided by menu owners and may be incomplete, inaccurate, or out of date. Do not rely solely on digital menus for allergen information. If you have food allergies or dietary restrictions, always verify allergen information directly with the restaurant before ordering or consuming food. menuws is not responsible for allergic reactions or other health issues resulting from inaccurate allergen information.

4. THIRD-PARTY SERVICES:

• We do not warrant the performance, availability, or security of third-party services we rely on, including database, hosting, payment processing, or content delivery network providers
• We are not responsible for failures, outages, or issues caused by third-party service providers

5. ANALYTICS ACCURACY:

• We do not warrant that analytics data is 100% accurate or complete
• Analytics are provided as "best effort" estimates and may contain errors, gaps, or inaccuracies
• Analytics may be affected by browser settings, ad blockers, privacy tools, or other factors beyond our control
• You should not rely solely on menuws analytics for business-critical decisions

6. USER CONTENT:

• We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content
• We are not responsible for any User Content, including content that is offensive, inaccurate, objectionable, or illegal
• Any use of or reliance on User Content is at your own risk

7. NO PROFESSIONAL ADVICE:

• The Service does not provide legal, financial, business, or other professional advice
• Any information or suggestions provided through the Service are for informational purposes only and should not be relied upon as professional advice
• You should consult with appropriate professionals (attorneys, accountants, business advisors) for advice specific to your situation

8. BETA FEATURES:

• Beta or experimental features are provided for testing and feedback purposes only
• Beta features may be unstable, incomplete, or have limited functionality
• We do not warrant that beta features will function correctly or will be included in future releases
• Beta features may be changed or removed at any time without notice

9. PUBLIC URLS:

• We do not guarantee that your menu URL (/m/[menuname]) will remain accessible indefinitely
• We do not guarantee a specific URL format or structure (URL structure may change)
• We do not control whether search engines index your menu or how they display it in search results

10. DATA LOSS:

• While we implement backup systems, we do not guarantee that your data will never be lost, corrupted, or deleted
• You are responsible for maintaining your own backups of all data you deem important

ASSUMPTION OF RISK: You acknowledge and agree that your use of the Service is at your sole risk. You assume full responsibility for any consequences arising from your use of the Service, including but not limited to loss of revenue, loss of customers, reputational harm, or any other damages.

JURISDICTIONAL LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. To the extent that applicable law prohibits disclaiming warranties, the above disclaimers are limited to the maximum extent permitted by law. In such jurisdictions, some or all of the above disclaimers may not apply to you, and you may have additional rights.

UPDATES AND CHANGES: We may update, modify, or change the Service at any time without notice. Any new features, tools, or resources added to the Service shall be subject to this disclaimer of warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENUWS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• User Content or the defamatory, offensive, or illegal conduct of any third party
• Any downtime, outage, or unavailability of the Service
• Loss of revenue, profits, customers, or business opportunities
• Reputational harm or damage to your business
• Cost of substitute goods or services
• Business interruption
• Data loss or corruption

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MENUWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MAXIMUM LIABILITY CAP: To the maximum extent permitted by law, in no event shall menuws's total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid to menuws in the twelve (12) months preceding the event giving rise to liability, or:

• For Premium/Gold Users: The total amount paid to menuws in the 12 months immediately preceding the claim (maximum of $108 for monthly Premium, $99 for Gold annual)
• For Free Tier Users: $100 (since no fees were paid)

SPECIFIC SCENARIOS - LIMITATION OF LIABILITY:

Scenario 1: Service Outage

If the Service is unavailable and you lose revenue, customers, or business opportunities, our liability is limited to the amount paid in the last 12 months (maximum $108 for Premium monthly users, $99 for Gold annual users, or $100 for Free users). We are not liable for lost profits, lost revenue, or any other consequential damages.

Scenario 2: Data Loss

If a bug, technical failure, or other issue causes your menu data to be lost or corrupted, our liability is limited to the subscription fees paid in the last 12 months. We are not liable for the time or cost to recreate lost data, lost business, or any other consequential damages. You are responsible for maintaining your own backups.

Scenario 3: User Content Issues

If a customer claims they had an allergic reaction due to incorrect allergen information on your menu, or if a customer disputes incorrect pricing, menuws is not liable. You are solely responsible for the accuracy of all information posted on your menu. Any liability for customer disputes, injuries, or damages rests solely with you (the menu owner).

Scenario 4: Security Breach

If there is a security breach affecting your account or data (unless caused by our gross negligence or willful misconduct), our liability is limited as described above. We are not liable for any consequential damages, including reputational harm, loss of customers, or identity theft consequences.

EXCEPTIONS TO LIMITATIONS:

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent that applicable law prohibits limiting liability, the above limitations do not apply, and menuws's liability shall be limited to the maximum extent permitted by law. The following types of liability generally cannot be limited:

• Death or Personal Injury: Liability for death or personal injury caused by our negligence cannot be excluded or limited
• Fraud: Liability for fraud or fraudulent misrepresentation cannot be excluded or limited
• Gross Negligence: In some jurisdictions, liability for gross negligence or willful misconduct cannot be excluded or limited
• Statutory Rights: Where applicable consumer protection laws or statutory rights prohibit limitations of liability, such limitations do not apply

NO LIABILITY FOR THIRD-PARTY SERVICES: We are not liable for any failures, errors, outages, or issues caused by third-party services including but not limited to:

• Cloud database hosting providers
• Application hosting and infrastructure providers
• Stripe (payment processing)
• Content delivery networks (CDNs)
• Internet service providers
• Your web browser or device

NO LIABILITY FOR USER ACTIONS: We are not liable for:

• Actions taken by users you granted access to via multi-user management
• Your failure to maintain account security (weak passwords, sharing credentials)
• Your failure to back up your data
• Your violation of these Terms or applicable laws
• Disputes between you and your customers or end users

FORCE MAJEURE: We are not liable for any failure or delay in performance of the Service due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

ALLOCATION OF RISK: You acknowledge that the fees charged by menuws reflect the allocation of risk set forth in these Terms and that menuws would not enter into this agreement without these limitations on its liability. These limitations are an essential basis of the bargain between you and menuws.

Indemnity Obligation: You agree to indemnify, defend, and hold harmless menuws and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

1. User Content Claims:

• Any User Content you post, upload, transmit, or make available through the Service
• Any claim that your User Content infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any third party
• Any claim that your User Content violates the privacy or publicity rights of any third party
• Any claim that your User Content is defamatory, libelous, obscene, or otherwise unlawful
• Any claim arising from incorrect, misleading, or fraudulent information in your User Content, including but not limited to:
  • Incorrect allergen information leading to allergic reactions or health issues
  • False pricing information leading to customer disputes
  • Misleading nutritional or health claims
  • False advertising or deceptive trade practices

2. Terms of Service Violations:

• Any violation by you of these Terms of Service
• Any prohibited uses as described in Section 10
• Any breach of your representations or warranties in these Terms
• Circumventing security measures or engaging in unauthorized access
• Spam, phishing, or other abusive conduct

3. Violations of Laws and Regulations:

• Any violation by you of any applicable local, state, federal, or international law, regulation, or ordinance
• Violation of food safety regulations, health codes, or labeling requirements
• Violation of consumer protection laws
• Violation of tax laws
• Violation of employment laws (if applicable to users you grant access to)

4. Third-Party Claims:

• Any claims, disputes, or actions brought by your customers or end users arising from:
  • Inaccurate menu information (prices, availability, descriptions)
  • Allergic reactions or health issues from incorrect allergen disclosure
  • Food safety issues or violations
  • Deceptive or misleading advertising
  • Any other aspect of your business operations reflected in your menu
• Claims by vendors, suppliers, partners, or other third parties related to your use of the Service
• Claims by employees, contractors, or users you granted access to via multi-user management

5. Multi-User Management:

• Any actions taken by users you grant access to (managers or editors), including:
  • Content they post or modify
  • Violations of these Terms they commit
  • Intellectual property infringement they cause
  • Damage to your menu or reputation they cause
• Any disputes between you and users you granted access to

6. Use of Service:

• Your access to and use of the Service
• Your failure to maintain the security of your account
• Unauthorized access to your account due to your actions or negligence

7. Intellectual Property:

• Any claim that your use of the Service infringes third-party intellectual property rights (beyond User Content, such as trademark use in your menu name)
• Use of third-party images, logos, or branding without authorization

What Indemnification Covers:

Your indemnification obligation covers all of menuws's costs, expenses, and liabilities, including but not limited to:

• Defense Costs: Reasonable attorneys' fees and costs incurred in defending against claims
• Settlement Costs: Amounts paid to settle claims (with your consent, which shall not be unreasonably withheld)
• Judgments: Court judgments or arbitration awards against menuws
• Damages: Any damages awarded to third parties
• Fines and Penalties: Regulatory fines or penalties assessed against menuws due to your conduct
• Investigation Costs: Costs of investigating claims
• Expert Fees: Fees for expert witnesses or consultants

Indemnification Process:

1. Notice: menuws will provide you with prompt written notice of any claim, action, or proceeding for which indemnification is sought. However, failure to provide prompt notice does not relieve you of your indemnification obligation except to the extent you are materially prejudiced by the delay.

2. Control of Defense: You have the right to control the defense of any indemnified claim using counsel of your choice, at your expense. If you do not assume control of the defense within 30 days of receiving notice, menuws may defend the claim at your expense.

3. Cooperation: You and menuws agree to cooperate fully in the defense of any claim. This includes providing documents, testimony, and other assistance as reasonably requested.

4. Settlement: You may not settle any claim in a manner that adversely affects menuws without menuws's prior written consent. menuws may not settle any claim that requires you to admit liability or pay damages without your prior written consent. Such consent shall not be unreasonably withheld.

5. Payment: You are responsible for paying all defense costs, settlement amounts, judgments, and related expenses covered by this indemnification. Payment is due within 30 days of receipt of an invoice from menuws.

Examples of Indemnifiable Scenarios:

Example 1: Copyright Infringement

You upload a copyrighted image from Getty Images without a license. Getty Images sends a DMCA notice to menuws and subsequently files a copyright infringement lawsuit against both you and menuws, seeking $10,000 in damages plus attorneys' fees. Under this indemnification clause, you must defend menuws in the lawsuit and pay menuws's legal defense costs (approximately $15,000-$30,000) plus any settlement or judgment amount, even if menuws is named as a defendant.

Example 2: Allergen Misinformation

Your menu incorrectly lists an item as "nut-free" when it contains peanuts. A customer with a severe peanut allergy suffers an allergic reaction and incurs medical expenses. The customer sues both your restaurant and menuws for negligence and false advertising, seeking $100,000 in damages. Under this clause, you must defend menuws in the lawsuit and indemnify them for all legal costs and any damages awarded.

Example 3: Trademark Infringement

You create a menu at /m/starbucks using Starbucks' name and logos without authorization. Starbucks Corporation sends a cease and desist letter to both you and menuws, then files a trademark infringement lawsuit seeking injunctive relief and monetary damages. You must defend menuws and pay all their legal costs.

Example 4: Manager Misconduct

You grant manager access to an employee, who then uploads stolen images from a competitor's website. The competitor sues both you and menuws for copyright infringement and unfair competition. Even though you didn't upload the images yourself, you must indemnify menuws because you granted access to the employee and are responsible for their actions under Section 9.

Survival: This indemnification obligation survives termination of your account or these Terms. Even after your account is deleted, you remain obligated to indemnify menuws for any claims arising from actions taken while your account was active.

Governing Law: These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

EU Consumer Rights: If you are a consumer residing in the European Union or European Economic Area, nothing in these Terms shall affect your mandatory consumer protection rights under the laws of your country of residence, including but not limited to:

• Your right to a 14-day cooling-off period for online purchases (EU Consumer Rights Directive 2011/83/EU), during which you may withdraw from a subscription without giving any reason and receive a full refund
• Your rights under the GDPR and national data protection laws
• Your rights under national consumer protection laws that cannot be waived by contract
• Your right to bring proceedings in the courts of your country of residence

Informal Dispute Resolution: Before initiating any formal proceedings, you agree to first attempt to resolve the dispute informally by contacting us at contact@menuws.com. We will attempt to resolve the dispute within 60 days of receiving your notice. Your notice should include your name, email address, a description of the dispute, and the resolution you seek.

EU Online Dispute Resolution: If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes online. The ODR platform is available at https://ec.europa.eu/consumers/odr. Our email for ODR purposes is contact@menuws.com.

Jurisdiction: Subject to your mandatory consumer rights described above:

• For business users: Any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Luxembourg City, Luxembourg.
• For consumers in the EU/EEA: You may bring proceedings in the courts of your country of residence or in the courts of Luxembourg, at your choice. menuws may only bring proceedings against you in the courts of your country of residence.
• For users outside the EU/EEA: Any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Luxembourg City, Luxembourg.

Injunctive Relief: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, including but not limited to:

• Copyright infringement claims
• Trademark infringement claims
• Trade secret misappropriation
• Breach of confidentiality obligations
• Emergency situations requiring immediate court intervention

Time Limit for Bringing Claims: To the extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within two (2) years after such claim or cause of action arose. This limitation period does not apply where a longer period is required by mandatory applicable law.

Severability: If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason:

• The unenforceable provision will be severed from these Terms
• Severance of the unenforceable provision will have no impact on the remaining portions of this section or the rest of these Terms
• Any remaining disputes shall be resolved in accordance with the remaining provisions of this section

Changes to Dispute Resolution Terms: Notwithstanding any other provision in these Terms regarding changes, menuws will provide at least 30 days' advance notice of any changes to this Dispute Resolution section by posting notice on our website and/or sending notice to your registered email address. Changes to this section will become effective 30 days after such notice. If you do not agree to the changes, you must notify us within the 30-day period, and the dispute will be resolved under the version of these Terms that was in effect when you first accepted them (or the most recent version you accepted).

Survival: This Dispute Resolution section survives termination of your account and these Terms. Even after your account is deleted, disputes arising from your use of the Service while your account was active remain subject to this section.

Data Protection: menuws is committed to protecting your personal data and complying with applicable data protection laws, including the European Union's General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and similar laws worldwide.

Data Controller and Processor: For purposes of data protection laws:

• For Your Account Data: menuws is the data controller responsible for processing your personal information (name, email, password, etc.)
• For Analytics Data: If you are a Premium user who enables analytics, you may be the data controller for analytics data about your customers (menu viewers), and menuws is the data processor acting on your instructions

Legal Basis for Processing: We process your personal data based on the following legal grounds:

• Contract Performance (GDPR Art. 6(1)(b)): Processing necessary to provide the Service, including account creation, menu hosting, and payment processing
• Legitimate Interest (GDPR Art. 6(1)(f)): Processing necessary for our legitimate interests, such as fraud prevention, security, service improvement, and analytics (with appropriate balancing of your interests and rights)
• Consent (GDPR Art. 6(1)(a)): Processing based on your explicit consent, such as marketing emails or optional features (consent can be withdrawn at any time)
• Legal Obligation (GDPR Art. 6(1)(c)): Processing necessary to comply with legal obligations, such as tax record retention

Your Rights Under GDPR: If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have the following rights regarding your personal data:

1. Right of Access (Art. 15): You have the right to request a copy of all personal data we hold about you. We will provide this information within 30 days of your request, free of charge for your first request.

2. Right to Rectification (Art. 16): You have the right to request correction of inaccurate or incomplete personal data. You can update most of your information directly through your account settings.

3. Right to Erasure / "Right to be Forgotten" (Art. 17): You have the right to request deletion of your personal data. We will comply unless we have a legitimate reason to retain it, such as:

• Legal obligations (e.g., tax records must be kept for 7 years)
• Legal claims (e.g., ongoing disputes or potential litigation)
• Freedom of expression and information

4. Right to Restriction of Processing (Art. 18): You have the right to request that we limit how we use your data in certain circumstances, such as while we verify the accuracy of data you've challenged.

5. Right to Data Portability (Art. 20): You have the right to receive your personal data in a structured, commonly used, and machine-readable format (JSON or CSV). You can export your menu data through your account settings.

6. Right to Object (Art. 21): You have the right to object to processing based on legitimate interests or for direct marketing purposes. We will stop processing unless we have compelling legitimate grounds.

7. Right Not to Be Subject to Automated Decision-Making (Art. 22): You have the right not to be subject to decisions based solely on automated processing that produce legal effects. menuws does not use automated decision-making with legal effects.

How to Exercise Your Rights: To exercise any of these rights, contact us at contact@menuws.com or contact@menuws.com. We will respond within 30 days. We may need to verify your identity before processing your request.

Right to Lodge a Complaint: If you believe we have not complied with data protection laws, you have the right to lodge a complaint with your local supervisory authority (data protection authority in your country). For a list of EU supervisory authorities, visit https://edpb.europa.eu.

International Data Transfers: menuws is operated from Luxembourg in the European Union. Your personal data is primarily stored in the EU (Paris, France). However, some of our service providers may process data in other countries. These countries may not have the same data protection laws as your country.

To protect your data during international transfers, we use:

• Standard Contractual Clauses (SCCs): EU Commission-approved contracts with our service providers to ensure adequate data protection
• Adequacy Decisions: We transfer data to countries deemed to have adequate data protection by the EU Commission where applicable
• Your Consent: By using the Service, you consent to the transfer of your data to jurisdictions where our service providers operate, subject to the protections described in this section

Data Retention: We retain your personal data for as long as necessary to provide the Service and comply with legal obligations:

• Active accounts: Data retained indefinitely while account is active
• Deleted accounts: Data retained for 30 days to allow recovery, then permanently deleted
• Analytics data: Retained for 180 days (6 months), then automatically deleted
• Financial records: Retained for 7 years to comply with tax laws (overrides GDPR deletion requests)
• Legal holds: Retained indefinitely until legal matter is resolved
• Security logs: Retained for 90 days for security purposes

Data Processing Agreement (DPA): If you are a Premium user who uses analytics features to collect data about your customers (menu viewers), you may be a data controller and menuws may be your data processor under GDPR Article 28. In this case:

• These Terms serve as the data processing agreement between us
• You determine the purposes and means of analytics data collection
• menuws processes analytics data only on your instructions
• We implement appropriate technical and organizational security measures
• We will notify you of any data breaches affecting analytics data
• We use sub-processors with appropriate safeguards
• We will assist you in responding to data subject requests related to analytics data

For a standalone Data Processing Agreement (DPA) or list of sub-processors, contact contact@menuws.com.

California Consumer Privacy Act (CCPA): If you are a California resident, you have additional rights under the CCPA:

Right to Know: You have the right to request disclosure of what personal information we collect, use, disclose, and sell (if any).

Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions.

Right to Opt-Out of Sale: You have the right to opt out of the "sale" of your personal information. menuws does not sell your personal information. We do not share your data with third parties for monetary or other valuable consideration.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights. We will not deny service, charge different prices, or provide different service levels because you exercised your CCPA rights.

To exercise your CCPA rights, contact contact@menuws.com. We may need to verify your identity before processing your request.

Do Not Track: Some browsers have a "Do Not Track" (DNT) feature that lets you tell websites you do not want to be tracked. We do not currently respond to DNT signals because there is no industry standard for how to respond to them.

Cookies and Tracking: We use cookies and similar tracking technologies. For detailed information about what cookies we use and why, please see our Privacy Policy and Cookie Policy. Essential cookies (for authentication and user preferences) do not require consent under most regulations. Non-essential cookies (if any) require consent, which you can manage through your browser settings or our cookie consent tool.

Children's Privacy: The Service is not intended for children under 16. We do not knowingly collect personal information from children under 16. If we learn that we have collected personal information from a child under 16, we will delete that information immediately. If you believe we have collected information from a child under 16, contact contact@menuws.com.

Changes to Data Practices: We will notify you of any material changes to how we collect, use, or share your personal data by email and by posting an updated Privacy Policy on our website. Continued use of the Service after such changes constitutes your consent to the new practices, to the extent permitted by law.

Data Security: We implement appropriate technical and organizational measures to protect your personal data, including:

• Encryption in transit (HTTPS/TLS for all data transmission)
• Encryption at rest (database encryption)
• Password hashing (industry-standard one-way encryption with salt)
• Access controls and authentication
• Regular security testing and monitoring
• Incident response procedures

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.

Data Breach Notification: In the event of a data breach that affects your personal information, we will:

• Notify the appropriate supervisory authority within 72 hours (if required by GDPR)
• Notify affected users without undue delay if the breach poses a high risk to their rights and freedoms
• Provide information about the nature of the breach, categories of data affected, approximate number of affected users, consequences, and measures taken

Contact Information: For questions about data protection, privacy, or to exercise your rights, contact:

• Email: contact@menuws.com or contact@menuws.com
• Subject: Data Protection Inquiry or Data Subject Request

We will respond to all requests within 30 days.

Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and menuws regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. The invalidity of one provision does not affect the validity of the rest of these Terms.

No Waiver: The failure of menuws to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver by menuws of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. menuws's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the prior written consent of menuws. Any attempted assignment, transfer, or delegation without such consent will be null and void. menuws may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure: menuws shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, hurricanes, natural disasters)
• Pandemics, epidemics, or public health emergencies
• War, terrorism, riots, civil unrest, or acts of government
• Fire, explosion, or accident
• Strikes, labor disputes, or shortages of labor, materials, or transportation
• Internet or telecommunications failures not caused by us
• Power outages or utility failures
• Cyberattacks, DDoS attacks, or other malicious activity by third parties
• Failures of third-party service providers (hosting, database, payment processing, CDNs)

In the event of a force majeure event, menuws's obligations will be suspended for the duration of the event. We will make reasonable efforts to resume normal operations as soon as possible.

Notices: All notices, requests, consents, claims, demands, waivers, and other communications required or permitted under these Terms must be in writing and will be deemed to have been given:

To menuws:

• Email: contact@menuws.com (for legal notices)
• Postal Mail: Not available. Please use email for all legal correspondence.

To You:

• Email: The email address associated with your account
• In-App Notification: Notice posted to your account dashboard

Notices will be deemed received:

• Email: 24 hours after sending, provided the sender does not receive an error message indicating delivery failure
• In-App: When posted to your account
• Postal Mail: Three (3) days after mailing via certified or registered mail

You are responsible for keeping your email address current. We are not responsible for failed delivery due to an outdated or incorrect email address.

Amendments: We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email to your registered email address

Material Changes (requiring advance notice):

• Changes to pricing or payment terms
• Introduction of new fees
• Removal of significant features or functionality
• Changes to arbitration or dispute resolution terms
• Changes to data privacy practices

For material changes, we will provide at least 30 days' advance notice before the changes take effect. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the modified Terms.

Non-Material Changes (may be made without advance notice):

• Clarifications or corrections to existing terms
• Additions to prohibited uses
• Updates to contact information
• Minor administrative changes

If you do not agree to modified Terms, you must stop using the Service and may cancel your account. Canceling your account is your sole remedy if you do not accept modified Terms.

Survival: The following provisions survive termination of these Terms and your account:

• Section 4 (User-Generated Content & Intellectual Property) - to the extent of licenses granted and representations made
• Section 5 (Subscription Terms) - for payment obligations incurred
• Section 11 (Termination) - regarding data retention and effects
• Section 12 (Disclaimer of Warranties)
• Section 13 (Limitation of Liability)
• Section 14 (Indemnification)
• Section 15 (Dispute Resolution & Governing Law)
• Section 16 (GDPR & International Compliance) - regarding data retention and rights
• Section 17 (Miscellaneous Provisions)

Relationship of the Parties: The relationship between you and menuws is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, franchise, or sales representative relationship between you and menuws. You have no authority to make or accept any offers or representations on behalf of menuws. menuws is not liable for your acts or omissions.

Third-Party Beneficiaries: These Terms are for the sole benefit of you and menuws and are not intended to confer third-party beneficiary rights upon any other person or entity, except as expressly provided herein (e.g., menuws's officers, directors, employees, and affiliates are third-party beneficiaries of the indemnification provision).

No third party has the right to enforce any provision of these Terms.

Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these Terms.

Language: These Terms are originally written in English. We may provide translations into other languages for your convenience, but the English version is the authoritative version. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail and govern. By accepting these Terms, you acknowledge that you have read and understood the English version or have had it explained to you.

Interpretation: The words "include," "includes," and "including" are deemed to be followed by the phrase "without limitation." The words "herein," "hereof," and "hereunder" refer to these Terms as a whole and not to any particular section or subsection.

Electronic Communications: By using the Service, you consent to receive electronic communications from menuws, including emails, in-app notifications, and posts to your account dashboard. These communications may include notices about your account, changes to the Service, promotional messages, and other information concerning the Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional emails by clicking the "unsubscribe" link in any promotional email or by adjusting your email preferences in your account settings. Note that you cannot opt out of transactional or service-related emails (account notifications, billing statements, etc.).

Export Control & Sanctions: You may not use the Service in violation of any applicable export control laws, trade sanctions, or embargoes, including but not limited to those imposed by the European Union, United Nations, or other applicable jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive sanctions, and that you are not on any restricted party list.

Feedback and Suggestions: If you provide menuws with any feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant menuws a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback in any manner and for any purpose without compensation or attribution to you. You waive any moral rights in such Feedback. menuws has no obligation to implement or use any Feedback you provide.

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

Operator: 321K, operating as menuws

Location: Luxembourg
Email: contact@menuws.com

Email Addresses:

General Inquiries & Support:
Email: contact@menuws.com
For questions about using the Service, billing issues, technical support, and general inquiries.

Legal Notices:
Email: contact@menuws.com
For legal demands, subpoenas, court orders, Terms of Service questions, and other legal matters.

DMCA Copyright Agent:
Email: contact@menuws.com
For copyright infringement notices under the Digital Millennium Copyright Act (DMCA).

When sending a copyright infringement notice, please include all information described in Section 4 of these Terms.

Data Protection & Privacy:
Email: contact@menuws.com or contact@menuws.com
For GDPR data subject access requests, data deletion requests, privacy questions, and data protection inquiries.

Security Issues:
Email: contact@menuws.com
For reporting security vulnerabilities, potential security breaches, or other security concerns. We encourage responsible disclosure.

Business Hours:
Monday - Friday: 9:00 AM - 5:00 PM CET (Central European Time)
We strive to respond to all inquiries within 1-2 business days.

Postal Mail:
For formal legal notices, you may send postal mail to our registered office address above. Legal notices sent by postal mail are deemed received three (3) business days after mailing via certified or registered mail with return receipt requested.

Social Media & Community:
You can also reach us through our official social media channels, but for urgent or legal matters, please use the email addresses above for a faster response.

Feedback and Suggestions:
We welcome your feedback about the Service. Please send feedback to contact@menuws.com. By sending feedback, you grant us the rights described in Section 17 (Miscellaneous Provisions).

Media Inquiries:
For press inquiries, media requests, or partnership opportunities, contact: contact@menuws.com

Language Preference:
We communicate primarily in English. If you require assistance in another language, please let us know and we will make reasonable efforts to accommodate you, though we cannot guarantee availability of all languages.

Response Times:

• General Support: 1-2 business days (Free tier), 24-48 hours (Premium/Gold tier)
• Legal Notices: We will acknowledge receipt within 3 business days and respond substantively within a reasonable timeframe depending on the nature of the inquiry
• DMCA Notices: We will respond to valid DMCA notices within 24-48 hours and take action as required by law
• Privacy/GDPR Requests: We will respond within 30 days as required by GDPR and other privacy laws
• Security Reports: We will acknowledge receipt within 24 hours and investigate promptly

Note on Third-Party Contact: The contact information above is for menuws only. For issues related to third-party service providers (Stripe for payments, etc.), you may need to contact them directly through their own support channels.

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Thank you for using menuws!

These Terms of Service are effective as of the "Last Updated" date shown at the top of this document. By continuing to use the Service after that date, you acknowledge that you have read, understood, and agreed to be bound by these Terms.