Terms of Service

Definitions and interpretations

Account means the account created and used by User to access or use the Platform or Services.

Platform means the online platform (website, mobile site or mobile application) developed and/or operated by AllInMenu.

Service means the services and features provided or made available by AllInMenu through or on the Platform.

User / Users means all users who access or establish a connection to the Platform and/or AllInMenu Services.

Information means any information, details, content, dimensions, data, maps, locations, photographs, text, descriptions, specifications, audio or video clips, graphics, and/or other materials.

Paid Subscription means recurring payment fees that are charged in advance on a monthly basis or some other recurring interval disclosed to the User prior to the purchase.

Information

In order to submit or upload Information, User has to create an Account at the Platform in accordance with the registration process set out by AllInMenu. Upon successful registration, User may be given access to AllInMenu Services by logging in to User's Account.

AllInMenu is entitled, in its sole and absolute discretion, to refuse to grant access to the User to the Platform and AllInMenu Services or any part thereof.

By submitting or uploading any Information on or through the Platform and/or AllInMenu Services, User automatically grants, or warrants that the owner of such Information has expressly granted, AllInMenu the royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, share, publish and distribute such Information (in whole or in part) on or through the Platform.

User is not allowed to transmit or post (or cause to be transmitted or posted) through or on the Platform and/or AllInMenu Services any Information which is or may be unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which violates or infringes or may violate or infringe the rights of others.

User ensures that all Information provided to AllInMenu or published on the Platform by User is true, complete, accurate and up-to-date and that User has all the necessary authority and right to publish or provide such Information. User warrants that AllInMenu's use of any such Information will not infringe the rights (including without limitation the Intellectual Property Rights) of any third party.

Fees and Payments

After creating an Account at the Platform, User is given a one (1) month free trial of the AllInMenu Services. In order to continue using the Service after the end of the trial period and to retain access to Information uploaded, User may purchase a Paid Subscription.

Paid Subscription fees are charged in advance on a monthly basis or on another recurring interval disclosed to the User prior to the purchase. Current Paid Subscription prices and recurring intervals are displayed on the Platform at the time of purchase.

Paid Subscriptions will automatically renew at the end of the applicable subscription period, unless User cancels the Paid Subscription before the end of the then-current subscription period. AllInMenu does not provide refunds for any partial subscription periods.

Payments are processed by AllInMenu's third-party payment processor, PayPal, and are also subject to PayPal's terms. By starting a Paid Subscription, User authorizes AllInMenu, through PayPal, to automatically charge the recurring subscription fee to User's selected payment method when the one (1) month free trial ends and at the start of each subsequent billing period, until the subscription is cancelled.

User may cancel the Paid Subscription at any time through PayPal or from the AllInMenu dashboard (Settings → Subscription). Cancellation takes effect at the end of the then-current billing period, and User retains access until that date. Except where required by applicable law, or at AllInMenu's sole discretion, fees already paid are non-refundable.

AllInMenu reserves the right, in its sole discretion, to change fees, including without limitation Paid Subscription and recurring subscription fees (for periods not yet paid) for access to and use of the Service, or any portions of the Platform.

If AllInMenu elects to change its fees, it will post notice on the Platform of all provisions pertaining to fees and payments at least one calendar month before it comes into effect.

Prices do not include VAT. VAT may be added on top of the prices in accordance with local laws.

Warranty, unavailability, and disclaimer

The Service is provided on an "as is" and "as available" basis. AllInMenu makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Information made available through the Platform or AllInMenu Services may be furnished to AllInMenu by third parties, including without limitation other users of the Platform. While AllInMenu will use reasonable endeavours to ensure that such Information is communicated to User in its original form as supplied by the third party, AllInMenu does not warrant that the said Information is accurate, complete, reliable, original, current, or error-free.

In no event will AllInMenu (or any of its affiliates, employees, staff, and their respective directors, officers, employees, and agents) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, Information, material or postings on the Platform or the Platform itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.

AllInMenu shall have the right at any time to add, delete, amend, or modify this Agreement, or any part thereof, or to impose new conditions. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Platform and/or AllInMenu Services after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.

Data Processing Agreement (DPA) — restaurants

Scope. When a restaurant registers on AllInMenu and processes its diners' data through the platform (menu content, order codes, table assignments, waiter coordination), the restaurant acts as the Data Controller and AllInMenu acts as the Data Processor on the restaurant's documented instructions.

Restaurant obligations (Controller). The restaurant is responsible for determining the lawful basis under applicable local law for collecting and processing its diners' data, for obtaining any consent required under that law, for displaying any required notices to its diners, and for the accuracy of the data it instructs AllInMenu to process.

AllInMenu obligations (Processor). AllInMenu (a) processes diner data solely for the purposes of providing the Service, (b) does not use diner data for its own purposes, (c) does not sell or rent diner data, (d) does not share diner data with third parties for marketing, (e) applies reasonable technical and organisational security measures (encryption in transit, access controls, audit logging) appropriate to the risk, and (f) notifies the restaurant without undue delay and in any event within 72 hours of becoming aware of a personal-data breach affecting the restaurant's data.

Sub-processors. AllInMenu uses the following categories of sub-processors: its cloud hosting provider, its email delivery provider, and its analytics / advertising measurement provider (Google). The restaurant authorises AllInMenu to engage these sub-processors. AllInMenu remains responsible for sub-processor performance under this DPA.

Deletion and return. On written request by the restaurant, or on termination of the Service, AllInMenu will delete or return the restaurant's data within a reasonable period, except where retention is required by applicable law.

Term and termination. This DPA is effective for as long as AllInMenu processes diner data on behalf of the restaurant.

Limitation of liability. The limitations of liability set out elsewhere in this Agreement apply to AllInMenu's obligations under this DPA.