Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using E-Menu's digital menu platform and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services. These terms apply to all users, including restaurant owners, staff, and visitors who view menus.

2. Description of Services

E-Menu provides a digital menu platform that allows restaurants and food establishments to:

  • Create and manage digital menus accessible via QR codes
  • Customize menu appearance using templates and design tools
  • Update menu items, prices, and availability in real-time
  • Generate QR codes for menu distribution
  • Track menu views and analytics
  • Manage multiple menus for different occasions or locations

3. Account Registration

To access certain features, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these terms.

4. Subscription Plans and Payments

Free Plan: Basic features with limited menus and templates are available at no cost.

Paid Plans: Premium features require a paid subscription. By subscribing, you agree to pay all fees associated with your selected plan.

Billing: Subscriptions are billed on a recurring basis (monthly or annually). You authorize us to charge your payment method automatically.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds for partial periods.

Price Changes: We may modify pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of new pricing.

5. User Content

You retain ownership of content you upload to E-Menu (menu items, images, descriptions). By uploading content, you grant us a license to use, display, and distribute this content solely to provide our services.

You are responsible for ensuring your content:

  • Does not infringe any third-party intellectual property rights
  • Does not contain false, misleading, or deceptive information
  • Complies with applicable food labeling and advertising laws
  • Does not contain illegal, harmful, or offensive material

6. Prohibited Uses

You agree not to:

  • Use the service for any unlawful purpose
  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to any portion of the service
  • Use automated systems to access the service without permission
  • Upload malicious code, viruses, or harmful content
  • Resell or redistribute the service without authorization

7. Intellectual Property

The E-Menu platform, including its design, features, templates, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without explicit written permission. Your use of the service does not grant you any ownership rights in the platform or its content.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The service will be uninterrupted, secure, or error-free
  • Results obtained from the service will be accurate or reliable
  • Any errors in the service will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, E-MENU AND ITS 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 THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless E-Menu and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the service, violation of these terms, or infringement of any third-party rights.

11. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for any reason, including:

  • Violation of these Terms of Service
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity

Upon termination, your right to use the service ceases immediately. We may delete your account and associated data.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of the service shall be resolved in the courts of the United States.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of the service after changes become effective constitutes acceptance of the revised terms.

14. Contact Us

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

info@dktechconsult.com(774) 525-0865