Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Menu Enterprises LLC. (“Menu,” “we,” “us,” or “our”) governing your access to and use of the Menu.com website, mobile applications, and all related services (collectively, the “Service”).

By creating an account, placing an order, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Menu operates an online food ordering and restaurant marketplace platform that connects consumers with restaurant partners. Our Service enables you to:

• Browse restaurant menus and discover dining options in your area
• Place orders for delivery or pickup from participating restaurant partners
• Coordinate delivery through third-party delivery providers or restaurant-managed delivery
• Leave reviews, ratings, and feedback for restaurant partners
• Save favorite restaurants, manage payment methods, and track order history

Menu acts as a marketplace facilitator connecting consumers with independent restaurant partners. We do not prepare, cook, or handle food. All food items are prepared and provided by the restaurant partners listed on our platform.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to the following:

• Accurate information — You must provide accurate, current, and complete information during registration and keep your account information updated at all times.
• Account security — You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account.
• One account per person — Each individual may maintain only one active Menu account. Creating multiple accounts to circumvent restrictions or abuse promotions is prohibited.
• Account suspension or termination — We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms or engaged in fraudulent or abusive behavior.

4. Ordering and Payments

Placing Orders

When you place an order through Menu, you are making an offer to purchase items from a restaurant partner at the prices displayed on the platform. Your order is confirmed once the restaurant partner accepts it and you receive an order confirmation. Menu reserves the right to refuse or cancel any order at any time for reasons including but not limited to item availability, pricing errors, or suspected fraudulent activity.

Pricing and Fees

All menu item prices are set by the restaurant partners and may differ from prices offered at the restaurant's physical location. In addition to item prices, your order total may include applicable taxes, delivery fees, service fees, and gratuity. All fees will be clearly disclosed before you confirm your order.

Payment Processing

Payments are processed through third-party payment processors. By providing your payment information, you authorize us to charge the total order amount to your selected payment method. Your payment information is handled securely in accordance with applicable payment card industry standards. Menu may place a temporary authorization hold on your payment method when you place an order; the final charge may differ if the order is modified or a partial refund is issued.

5. Delivery and Pickup

Estimated Delivery Times

Estimated delivery and preparation times displayed on the platform are approximate and are not guaranteed. Actual delivery times may vary due to factors including order volume, traffic conditions, weather, and restaurant preparation time. Menu is not liable for delays in delivery.

Delivery Providers

Delivery may be fulfilled by third-party delivery providers or by the restaurant partner directly. Menu facilitates the coordination of delivery but is not responsible for the acts or omissions of third-party delivery providers. Risk of loss for delivered items passes to you upon delivery to the address you specified.

Pickup Orders

For pickup orders, you are responsible for collecting your order from the restaurant at the designated time. If you fail to pick up your order within a reasonable time after it is ready, the restaurant may dispose of it at its discretion, and you will not be entitled to a refund.

6. Cancellations and Refunds

You may cancel an order within a limited window after placing it, provided the restaurant has not yet begun preparing your food. Once preparation has started, cancellation may not be possible.

• Refund eligibility — Refunds are governed by our separate Refund Policy. Please refer to that document for detailed information on eligible refund scenarios, timelines, and procedures.
• Restaurant-initiated cancellations — If a restaurant partner cancels your order for any reason (e.g., item unavailability, closing early), you will receive a full refund to your original payment method.
• Credits vs. refunds — At our discretion, refunds may be issued as Menu credit applied to your account rather than a refund to your original payment method, particularly for promotional or courtesy adjustments.

7. User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are strictly prohibited:

• Fraud — Using false or misleading information, stolen payment methods, or engaging in any fraudulent schemes including abuse of promotional offers or referral programs.
• Harassment — Harassing, threatening, intimidating, or abusing restaurant partners, delivery providers, Menu staff, or other users of the platform.
• False information — Providing false delivery addresses, fake contact details, submitting fraudulent refund requests, or posting dishonest reviews.
• Reverse engineering — Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code or underlying algorithms of the Service.
• Scraping and data collection — Using automated bots, scrapers, crawlers, or other automated means to access, collect, or extract data from the Service without our prior written consent.
• Interference with the Service — Introducing viruses, malware, or other harmful code, or taking any action that disrupts, damages, or impairs the normal functioning of the Service.

Violation of these rules may result in immediate suspension or termination of your account, forfeiture of any pending refunds or credits, and potential legal action.

8. Restaurant Partner Terms

Restaurant partners operating on the Menu platform are subject to a separate Restaurant Partner Agreement that governs their relationship with Menu. Key points for consumers to understand:

• Marketplace facilitator — Menu acts as a marketplace facilitator connecting consumers with independent restaurant partners. We do not own, operate, or control any restaurant listed on our platform.
• Food quality and safety — Each restaurant partner is solely responsible for the quality, safety, and preparation of all food and beverage items they offer through the platform. Restaurant partners are required to comply with all applicable food safety regulations and health codes.
• Menu accuracy — Restaurant partners are responsible for maintaining accurate and up-to-date menu information, including item descriptions, pricing, allergen information, and availability.

9. Intellectual Property

The Service and all content, features, and functionality thereof — including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof — are the exclusive property of Menu Enterprises LLC. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

User-Generated Content

By submitting reviews, ratings, photos, or other content to the Service (“User Content”), you grant Menu a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Service and Menu's business operations.

DMCA and Copyright Claims

Menu respects the intellectual property rights of others. If you believe that content on our platform infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) to our designated copyright agent at legal@menu.com. Your notice must include identification of the copyrighted work, the infringing material, your contact information, and a statement of good faith belief.

10. Disclaimers

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MENU PLATFORM INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

MENU'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MENU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Menu Enterprises LLC. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content or any content you submit through the Service
• Your infringement of any third party's intellectual property or other rights

13. Dispute Resolution

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in San Francisco, California, unless you and Menu mutually agree to a different location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Menu.

Opt-Out Period

You have the right to opt out of binding arbitration within 30 days of creating your Menu account by sending written notice to legal@menu.com with your full name, account email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, disputes will be resolved in the state or federal courts located in San Francisco, California.

Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14. Modifications to Terms

Menu reserves the right to modify or update these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on our website, sending an email to the address associated with your account, or providing an in-app notification. The “Last updated” date at the top of this page will be revised accordingly.

Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue your use of the Service and close your account.

15. Termination

Either you or Menu may terminate your account and these Terms at any time, for any reason or no reason, with or without notice.

• Termination by you — You may deactivate your account at any time through your account settings or by contacting our support team.
• Termination by Menu — We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.
• Effect of termination — Upon termination, your right to use the Service will cease immediately. Any pending orders at the time of termination will be completed or cancelled at our discretion. Any Menu credits in your account will be forfeited upon termination.
• Surviving provisions — Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination will remain in effect after your account is closed.

16. General Provisions

• Severability — If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire agreement — These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Menu with respect to the Service and supersede all prior or contemporaneous agreements and understandings.
• No waiver — The failure of Menu to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Menu.
• Assignment — You may not assign or transfer these Terms or your rights under them without our prior written consent. Menu may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force majeure — Menu shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, internet or telecommunications failures, and power outages.

17. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below.