Terms and Conditions

Effective Date: November 7, 2025 • Company: ConnectoDigital LLC • Jurisdiction: New York, NY, USA • Contact: support@foodmenuchat.com

This document is the legally binding agreement between you and ConnectoDigital LLC for the FoodMenuChat service located at foodmenuchat.com. Customize only where noted; consult counsel as needed.

1. Acceptance of These Terms

By creating an account, accessing, or using FoodMenuChat (the Service), you agree to these Terms and Conditions (the Terms). If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and references to "you" include that business.

2. Eligibility & Accounts

You must be at least 18 years old to use the Service.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
You agree to provide accurate information and keep it current. We may suspend or terminate accounts for violations or suspected fraud.

3. The Service (What It Is & Isn't)

What it is. FoodMenuChat provides hosted digital menus at foodmenuchat.com, QR codes, basic order capture, and the initiation of a starter message via the customer's own WhatsApp or SMS app.
What it is not. We do not process payments. All payments are handled offline by the restaurant (cash or card). We do not confirm orders or prices—the restaurant is solely responsible for final confirmation of items, availability, pricing, taxes, and fees.
Public order pages. Some orders may be visible on a time‑limited public URL with a random slug (hard to guess). These pages are anonymized (no address or comparable identifiers).
Changes. We may modify features from time to time. Material changes that reduce core functionality will be communicated with reasonable notice.

3A. Ordering & Messaging Workflow

When a customer submits an order, we generate a starter message and prompt the device to open WhatsApp or SMS. The customer must manually send the message to contact the restaurant.
Message delivery is dependent on third‑party apps, carriers, and device settings; we do not control or guarantee delivery or timing.
The restaurant must review incoming messages, confirm the order and pricing, and contact the customer to resolve discrepancies.
If spam, fraud, or a ghost order is suspected, the restaurant must verify (e.g., call back) before fulfillment.

4. Trials, Plans, Pricing & Taxes

Trials. If offered, trials convert to a paid plan unless canceled before the trial ends.
Plans & Renewal. Subscriptions renew automatically at the then‑current price unless canceled prior to renewal.
Price Changes. We may change prices with at least 30 days' notice.
Taxes. Prices are exclusive of taxes. You are responsible for all taxes, duties, and government charges.

5. Billing, Payments & Refunds

Billing. You authorize our selected payment processor(s) to charge your payment method for recurring fees and any add‑ons.
Invoices. Where applicable, invoices will be available in your account or sent to your billing email.
Late/Failed Payments. If a payment fails, we may suspend or limit access until payment is resolved.
Refunds. All fees are non‑refundable. You may cancel at any time; your subscription remains active until the end of the current billing period and will not renew. This applies to renewals and mid‑cycle cancellations, except where required by law.

6. Acceptable Use Policy (AUP)

Do not violate any laws or third‑party rights.
Do not upload or transmit malware, spam, or harmful code.
Do not attempt to access other customers' data or non‑public areas.
Do not use the Service for high‑risk activities where failure could cause serious harm.
Do not interfere with the integrity or performance of the Service.

6A. Restaurant Responsibilities & Order Accuracy

Restaurants are solely responsible for menu accuracy, pricing, surcharges, taxes, disclaimers, and compliance (consumer protection, food safety, allergen disclosures).
Restaurants must confirm orders and final pricing with customers before preparing food, especially when fraud or spam is suspected.
Restaurants are responsible for their personnel's conduct and data handling. Employees must not misuse or harvest customer phone numbers or initiate rogue conversations outside authorized business purposes.
Restaurants should maintain alternative contact methods in case WhatsApp/SMS, carriers, or devices fail.

6B. Spam, Abuse, and Carrier/Platform Risk

We are not responsible for spammers, call/message blocking, carrier outages, or platform policy changes (e.g., WhatsApp restrictions).
We do not guarantee message delivery or timeliness. Restaurants should implement reasonable verification steps (e.g., callbacks) prior to fulfillment when risk is suspected.

7. Customer Content & Data

Ownership. You retain all rights to content and data you upload (Customer Content).
License to Operate. You grant us a non‑exclusive, worldwide, royalty‑free license to host, process, transmit, display, and create incidental copies of Customer Content solely to provide and improve the Service.
Roles. For end‑customer personal data, the Restaurant is the Controller and we are the Processor.
Employee Conduct. Restaurants are solely responsible for employee use of Customer Content, including phone numbers collected via the Service. Employees must not export, misuse, or contact customers outside authorized business purposes.
Public Order Pages. Time‑limited, anonymized order pages use random slugs and omit addresses or comparable identifiers. Do not post these links publicly.
Data Portability. During your subscription and for 15 days after termination, you may request an export by emailing support@foodmenuchat.com. Exports will be provided in a commercially reasonable format that we are able to provide (e.g., CSV/JSON or a database export) within a reasonable time (typically within 10 business days). Certain derived or system data may be excluded.

8. Our Intellectual Property

The Service, documentation, and related materials are owned by ConnectoDigital LLC. No rights are granted except as expressly stated. You may not copy, modify, reverse engineer, or create derivative works except to the extent permitted by law.

9. Third‑Party Services & Integrations

The Service may interoperate with third‑party products (e.g., WhatsApp, SMS carriers, Square, Stripe, Cloudflare). Your use of third‑party services is governed by their terms. We are not responsible for third‑party services or for any changes that impair interoperability. We do not control message delivery, latency, or blocking by carriers or platforms and provide no guarantees regarding these channels.

10. Beta/Pre‑Release Features

Beta features are provided "as‑is" for evaluation and may be modified or discontinued at any time. Usage may be subject to additional terms.

11. Confidentiality

Each party agrees to use the other party's non‑public information only for purposes of the relationship and to protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained from third parties.

12. Security & Privacy

We implement reasonable administrative, technical, and physical safeguards designed to protect Customer Content.
Our Privacy Policy is incorporated by reference.
When we process personal data on your behalf, the Data Processing Addendum (DPA) applies.

13. Service Levels & Support

We do not offer service level commitments (SLAs). Support is provided on a commercially reasonable basis via support@foodmenuchat.com. Any uptime or availability commitments from hosting providers do not create obligations toward you.

14. Publicity (Optional)

With permission, we may identify you as a customer and use your name and logo in customer lists and marketing materials. You may opt out by emailing support.

15. Feedback

If you send suggestions or ideas, you grant us a perpetual, worldwide, royalty‑free license to use them without obligation.

16. Suspension & Termination

You may terminate any time via account settings; termination is effective at the end of the current billing period unless otherwise stated.
We may suspend or terminate for material breach, non‑payment, or risk to the Service.
Upon termination, access ends and we will delete Customer Content after 30 days, except where retention is required by law or to resolve disputes.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL; (B) EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE IS LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Indemnification

By you: You will defend and indemnify us and our personnel against claims, losses, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Service in violation of these Terms, or your violation of law.
By us: We will defend and indemnify you against third‑party claims that the Service, as provided by us, infringes a valid intellectual property right, subject to customary exclusions and your prompt notice and cooperation.

20. Governing Law; Venue

These Terms are governed by the laws of New York, without regard to conflict‑of‑law rules, subject to the below arbitration clause.

21. Dispute Resolution (Arbitration; Small‑Claims Carve‑Out)

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. The seat and venue of arbitration will be New York, New York, USA. Judgment on the award may be entered in any court of competent jurisdiction. Small‑claims carve‑out: Either party may bring an individual action in a court of small‑claims jurisdiction for disputes that qualify. Either party may also seek temporary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property pending arbitration.

22. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with the new effective date and, for material changes, provide notice via email or in‑app at least 15 days before they take effect. Continued use after the effective date constitutes acceptance of the changes.

23. Export & Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country subject to embargo or sanctions and that you will not use the Service in violation of export control laws.

24. Entire Agreement

These Terms, together with your selected plan/order, our Privacy Policy, the DPA, and any applicable policies referenced herein, constitute the entire agreement and supersede all prior agreements regarding the Service.