Terms & Conditions

1. Overview

1.1 Purpose of the Service

MenuMaker.io is an online platform that enables users to design, customize, and manage digital menus for restaurants, cafés, and other service-oriented businesses (“Menus”). The Service allows for the integration of various content, both provided by MenuMaker.io (“Licensed Content”) and uploaded by you (“User Content”). You retain ownership rights over User Content, while the use of Licensed Content is subject to the restrictions defined herein.

1.2 Scope of the Terms

These Terms apply to your use of the Service on the MenuMaker.io website, mobile applications, or any other platforms through which the Service may be accessed. Supplemental terms may apply to certain features, functionalities, or promotional activities, and such terms will be disclosed to you in conjunction with the relevant services. Your continued use of the Service constitutes acceptance of these supplemental terms.

1.3 Eligibility to Use the Service

By using the Service, you represent and warrant that you are at least 18 years of age or otherwise have the legal capacity to enter into a binding contract in your jurisdiction. You further agree that your use of the Service is in compliance with all applicable local, state, national, and international laws and regulations.

1.4 Authority for Managed Email Addresses

If you use an email address associated with an organization, such as your employer or a school, you represent that you have the authority to bind that organization to these Terms. If an account is created using an organization’s email domain, MenuMaker.io may share your account information with authorized representatives of that organization.

2. Grant of License and Use Restrictions

2.1 License Grant

Subject to your compliance with these Terms, MenuMaker.io grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Service solely for your business or personal use. This license does not permit you to sublicense, distribute, or otherwise make the Service available to third parties.

2.2 Permissible Uses of the Service

You agree to use the Service in accordance with these Terms and all applicable laws. You may only use the Service for the purposes for which it is intended, including creating and managing Menus. You may not use the Service in any manner that would disrupt its availability to other users, compromise the Service's security, or violate the rights of third parties.

2.3 Prohibited Activities

You are expressly prohibited from:

• Using the Service to engage in any illegal, harmful, or offensive activities, including but not limited to discrimination, harassment, or the distribution of defamatory content.
• Attempting to interfere with, damage, or disable any aspect of the Service or its associated networks.
• Modifying, adapting, translating, reverse-engineering, decompiling, or disassembling any part of the Service.
• Using automated scripts, bots, or other unauthorized means to access the Service.
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Service for commercial purposes without MenuMaker.io's prior written consent.

2.4 Access Restrictions

MenuMaker.io reserves the right to implement and enforce technical measures to prevent unauthorized access to, or use of, the Service, including rate limiting, user blocking, and requiring multi-factor authentication.

3. User Content and Intellectual Property

3.1 User Content Ownership

You retain all rights to the User Content you submit, upload, or otherwise make available through the Service. By submitting User Content, you grant MenuMaker.io a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and create derivative works of your User Content solely for the purpose of operating and improving the Service.

3.2 Responsibility for User Content

You represent and warrant that you have all necessary rights, licenses, and permissions to submit your User Content and that your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights.

3.3 Licensed Content and Third-Party Rights

MenuMaker.io and its licensors retain all ownership rights in the Licensed Content provided through the Service. You may use Licensed Content solely within the context of the Service and in accordance with the terms of any applicable license agreement. You may not redistribute, sublicense, or use the Licensed Content in any other manner without obtaining the proper licensing rights from the original content owner.

3.4 Infringement Reporting Procedures

If you believe that any content made available on the Service infringes your intellectual property rights, you may notify MenuMaker.io’s designated copyright agent by providing a written notice containing all required information under applicable copyright laws. MenuMaker.io reserves the right to remove or disable access to allegedly infringing content.

4. Data Protection, Privacy, and Security

4.1 Information Security Standards

MenuMaker.io employs industry-standard physical, administrative, and technical security measures designed to protect your information. While we take reasonable precautions to protect your data, we cannot guarantee complete security and accept no liability for unintentional data breaches or loss.

4.2 Data Privacy Compliance

Our use and handling of your personal data are governed by our Privacy Policy, which explains how we collect, process, and protect your information. By using the Service, you consent to the practices outlined in our Privacy Policy. Where applicable, we act as a "Data Processor" in accordance with relevant data protection laws such as the GDPR.

4.3 Data Processing Addendum

In the event that the Service involves the processing of personal data, you agree to the terms of our Data Processing Addendum, which supplements these Terms to ensure compliance with data protection regulations.

4.4 Data Backup and Retention

MenuMaker.io does not guarantee the retention or backup of User Content. You are responsible for ensuring that your User Content is appropriately backed up and stored.

5. Subscription, Fees, and Billing

5.1 Subscription Plans and Pricing

MenuMaker.io offers multiple subscription tiers, including free and paid plans. Detailed information regarding pricing, features, and billing cycles is available on our website. Prices may vary based on your location and subscription plan.

5.2 Automatic Renewal and Cancellation

Unless otherwise stated, all paid subscriptions automatically renew at the end of the billing cycle. You may cancel your subscription at any time; however, no refunds will be issued for fees already paid. If you cancel, you will retain access to the paid features until the end of the current billing period.

5.3 Free Trials and Promotional Offers

MenuMaker.io may offer free trials or promotional discounts from time to time. The terms of these offers, including duration and eligibility requirements, will be specified at the time the offer is made. MenuMaker.io reserves the right to modify or terminate promotional offers at any time.

5.4 Taxes and Additional Charges

All fees are exclusive of applicable taxes unless expressly stated otherwise. You are responsible for paying any applicable taxes and duties associated with your subscription to the Service.

6. Intellectual Property Rights and Feedback

6.1 Ownership of Intellectual Property

All intellectual property rights related to the Service, including trademarks, copyrights, and proprietary information, belong exclusively to MenuMaker.io and its licensors. You acknowledge that you do not acquire any ownership rights in the Service itself.

6.2 User Feedback and Suggestions

Any feedback, suggestions, or ideas provided by you regarding MenuMaker.io are considered non-confidential, and MenuMaker.io is free to use such feedback for any purpose without compensation to you. By submitting feedback, you grant MenuMaker.io a worldwide, irrevocable, and royalty-free license to use, modify, and incorporate your feedback into the Service.

7. Disclaimers and Limitation of Liability

7.1 Service Disclaimer

The Service is provided "as-is" and "as-available." To the maximum extent permitted by law, MenuMaker.io disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 Limitation of Liability

In no event shall MenuMaker.io be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from or in connection with your use of the Service. Our total liability for any claims related to the Service will not exceed the amount you have paid to us in the 12 months preceding the claim.

7.3 Exclusions and Limitations

Certain jurisdictions do not allow the exclusion of warranties or the limitation of liability for incidental or consequential damages, so some of these limitations may not apply to you.

8. Termination and Suspension

8.1 Termination by MenuMaker.io

We may terminate or suspend your account or access to the Service at any time, with or without cause, including for any violation of these Terms. Upon termination, your right to use the Service will cease immediately.

8.2 Effect of Termination

Upon termination, all licenses granted under these Terms shall immediately cease, and MenuMaker.io may delete your User Content. You are responsible for exporting or downloading your User Content before your account is terminated.

8.3 Survival of Terms

The sections of these Terms that by their nature should survive termination shall continue in effect, including but not limited to sections relating to intellectual property, limitation of liability, and dispute resolution.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.

9.2 Dispute Resolution

You agree to resolve any disputes through good faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the German Arbitration Institute (DIS). The arbitration shall be conducted in the German language, and the venue shall be in Berlin, Germany.

9.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class action or consolidated claim.

10. Miscellaneous Provisions

10.1 Entire Agreement

These Terms constitute the entire agreement between you and MenuMaker.io regarding your use of the Service and supersede any prior agreements.

10.2 Amendments and Modifications

MenuMaker.io may modify these Terms at any time by posting updated Terms on our website. Changes will be effective immediately upon posting. Continued use of the Service after changes are posted constitutes acceptance.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.4 Assignment

You may not assign these Terms without the prior written consent of MenuMaker.io. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

10.5 Notices

Notices required under these Terms shall be sent via email to the contact address you provide during registration or through other legally permissible methods.

10.6 Force Majeure

MenuMaker.io shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, or governmental actions.