Terms & Conditions

Agreement to Terms

Welcome to eMenu. By accessing or using our QR menu and POS platform ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, restaurant owners, staff members, and customers who access or use the Service. Please read these Terms carefully before using our platform.

Description of Service

eMenu provides a comprehensive restaurant management platform that includes:

• QR code-based digital menus for contactless menu viewing
• Integrated Point of Sale (POS) system for order management
• Real-time ordering and payment processing capabilities
• AI-powered analytics and combo recommendations
• Menu builder and customization tools
• Sales tracking and revenue analytics dashboard
• Customer ordering and payment features
• Multi-location restaurant support

Account Registration

Restaurant Accounts

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old and have the legal authority to represent your restaurant business
• One account per restaurant location; multi-location features available
• You are responsible for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breaches

Customer Accounts

Customers may use our QR menu ordering system without creating an account. Optional account creation enables order history tracking and faster checkout.

Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of eMenu or third parties
• Upload malicious code, viruses, or any harmful software
• Interfere with or disrupt the Service or servers/networks
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any fraudulent or unlawful purpose
• Impersonate any person or entity or misrepresent your affiliation
• Harass, abuse, or harm other users
• Scrape, crawl, or use automated tools to access the Service without permission
• Resell or redistribute the Service without authorization

Subscription and Pricing

Free Trial

New restaurant accounts may start with a free trial period. The free plan includes basic features with limitations on orders, menu items, or analytics.

Paid Plans

• Subscription fees are billed monthly or annually as selected
• All fees are stated in USD and are subject to applicable taxes
• Payment is processed through our secure payment provider (Stripe)
• Subscriptions automatically renew unless cancelled
• Price changes will be communicated 30 days in advance
• No refunds for partial months or unused portions of subscription periods

Transaction Fees

Payment processing fees may apply to customer transactions. These fees are transparently disclosed in your pricing plan and are processed by our payment partner.

Cancellation and Termination

By Restaurant Owners

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of the current billing period
• You retain access to your data for 30 days after cancellation
• You can export your data before account closure

By eMenu

We reserve the right to suspend or terminate accounts that:

• Violate these Terms and Conditions
• Engage in fraudulent or illegal activities
• Have outstanding unpaid fees after 15 days
• Pose security risks to the platform or other users
• Remain inactive for more than 12 months

We will provide notice before termination except in cases of serious violations or legal requirements.

Intellectual Property

eMenu Ownership

The Service, including its design, features, code, trademarks, logos, and content, is owned by eMenu and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service without written permission.

Your Content

You retain ownership of content you upload (menu items, images, descriptions). By uploading content, you grant eMenu a license to:

• Display your content through the Service to customers
• Store and process your content to provide analytics and recommendations
• Use anonymized data for platform improvements and AI training

You represent that you have all necessary rights to the content you upload and it does not infringe on third-party rights.

Payment Processing

Customer payments are processed securely through Stripe, our payment partner. By using our payment features, you agree to:

• Comply with Stripe's Terms of Service
• Provide accurate business and banking information
• Accept responsibility for chargebacks and refund requests
• Maintain compliance with PCI DSS standards
• Handle customer disputes professionally

eMenu is not responsible for payment processing errors, disputes, or chargebacks. You agree to work directly with customers and Stripe to resolve payment issues.

Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We do not guarantee uninterrupted, error-free, or secure access
• We are not liable for lost profits, revenue, data, or indirect damages
• Our total liability is limited to the amount you paid in the past 12 months
• We are not responsible for third-party services, content, or integrations
• Restaurant owners are solely responsible for food safety, quality, and compliance

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless eMenu, its affiliates, officers, and employees from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your content or menu information
• Customer complaints related to your restaurant operations
• Food safety or quality issues

Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your data.

Restaurant owners are responsible for complying with applicable data protection laws (including GDPR, CCPA) when collecting customer information through our platform.

Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (announced in advance)
• Emergency maintenance or security updates
• Third-party service disruptions
• Force majeure events beyond our control

We will make reasonable efforts to minimize downtime and notify you of scheduled maintenance.

Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for significant changes that negatively affect existing functionality. Continued use of the Service after modifications constitutes acceptance of the changes.

Third-Party Services

Our Service integrates with third-party providers including:

• Stripe for payment processing
• Cloud hosting and storage providers
• Analytics and monitoring services

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for third-party service availability, security, or performance.

Restaurant Responsibilities

As a restaurant owner using eMenu, you are responsible for:

• Ensuring menu accuracy (prices, descriptions, ingredients, allergens)
• Updating menu availability in real-time
• Complying with food safety and health regulations
• Honoring orders placed through the platform
• Providing accurate business and tax information
• Handling customer complaints professionally
• Maintaining proper food handling licenses and permits
• Complying with local regulations regarding digital menus and payment processing

Dispute Resolution

For any disputes arising from these Terms or the Service:

• First, contact us at contact@emenuweb.com to resolve informally
• If unresolved, disputes will be handled through binding arbitration
• Arbitration will be conducted by a neutral arbitrator in accordance with applicable arbitration rules
• You waive the right to participate in class action lawsuits
• Small claims court remains available for qualifying disputes

Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where eMenu is registered, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of courts in that jurisdiction.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance of the modified Terms. If you disagree with changes, you may cancel your account.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter into with eMenu, constitute the entire agreement between you and eMenu regarding the Service and supersede all prior agreements and understandings.

Contact Information

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