1. Who we are and who these terms are for
Menuatic is operated by Atif Javed Minhas, an individual trading as "Menuatic" ("Menuatic", "we", "us"). Our postal address for notices is [postal address], and our email is [email protected].
These terms apply to the business that signs up for Menuatic ("you", "the brand") and to everyone it gives access to its account. If you accept them for a business, you confirm you're allowed to bind that business. Your customers who order from your store are not party to these terms; how we handle their information is explained in the privacy notice and in the privacy policy linked from every store.
2. What Menuatic provides
Menuatic gives you an online ordering site for your business, a brand admin to manage your menu, locations and orders, and, depending on your plan, tools such as promo codes, loyalty points, QR table ordering, catering, a point of sale, a kitchen display, driver dispatch and inventory. The features in each plan are listed on our pricing page.
We keep improving Menuatic and may change or retire features. We won't remove a core feature of your plan without telling you at least 30 days in advance.
3. Your account
- Give us accurate business and contact details, and keep them up to date.
- Keep staff logins private, give each person their own login, and remove people who leave. You're responsible for what happens under your account.
- Tell us straight away at [email protected] if you think someone has accessed your account without permission.
4. Payments from your customers
Your customers pay you directly. Online card payments go through your own account with a payment provider such as Stripe, under that provider's terms, and the money is paid out to your bank by that provider. Menuatic connects to your provider account; we don't hold, receive or pass on your customers' money, and we're not a party to the sale between you and your customer.
You are responsible for your prices, refunds, chargebacks and disputes, and for any fees your payment provider charges. Cash and pay-in-person orders are collected by you.
5. Our fees and invoices
- Plan fee. You pay the monthly price of your plan as shown on the pricing page when you sign up (from $39 a month), or as agreed with us in writing. The first month is charged for the days from your start date.
- Online order fee. On plans with a percentage fee (such as Starter Flex, 3%), the fee is charged on the value of online card payments in the month, less refunds. Cash and pay-in-person orders are not included.
- Extras. Extra locations ($29 a month each) and one-time setup fees, where they apply, are shown before you agree to them.
- Invoices. We invoice monthly by email, in US dollars unless agreed otherwise. Invoices are due within 10 days of the end of the month they cover. Prices don't include taxes; you pay any taxes that apply to our fees, other than taxes on our income.
- Late payment. If an invoice is more than 15 days overdue, we'll remind you, and we may pause online ordering on your store after giving you at least 7 days' written notice. Paying the overdue amount switches it back on.
- Price changes. We'll tell you at least 30 days before a price change applies to you. If you don't want to continue at the new price, you can cancel before it takes effect.
6. Your responsibilities
You run your business; Menuatic provides the software. In particular, you are responsible for:
- Your menu, prices, photos, descriptions, allergen and nutrition information, and making sure they are accurate and lawful.
- Preparing, delivering and handing over orders safely, including food safety and hygiene rules.
- Age checks and licences for age-restricted items, and for pharmacies, checking prescriptions and following pharmacy rules before accepting an order.
- Sales tax: setting the right rates for each location in Menuatic, and reporting and paying the tax.
- Marketing and text messages to your customers. Only contact people who have agreed, honour opt-outs, and follow the rules that apply (in the US, including the TCPA and CAN-SPAM). Texts are sent through your own SMS provider account.
- Having the right to use everything you upload, including logos and photos.
7. Acceptable use
Don't use Menuatic to sell anything illegal, to mislead customers, to send spam, to upload malware, or to try to access other brands' data or disrupt the service. We may suspend an account that does, and will tell you why unless the law or safety stops us.
8. Your data and your customers' data
- You own your data: your menu, your orders and your customer list. You can export your sales reports and the customers who agreed to marketing at any time, and ask us for a full copy of your data.
- We process your customers' information on your behalf, only to run the service for you, keep it secure and meet legal duties. We act as your service provider (for example, under the California Consumer Privacy Act), and we don't sell or share your customers' personal information, or use it to market anything to them ourselves.
- We keep each brand's data separate from every other brand's, store payment keys encrypted, and use people and other providers (such as hosting, email and payment companies) only as needed to run the service, under confidentiality and security duties.
- If a customer asks us to delete their account, we delete their personal details; past orders stay in your records without them.
- We'll tell you without undue delay if we learn of a security incident affecting your data.
9. Support and availability
We provide support by email at [email protected], Monday to Friday, 9am–6pm Eastern, and aim to reply within one business day. Plans that include phone or video support are listed on the pricing page.
We work hard to keep Menuatic running all day, every day, but we can't promise it will never be interrupted. We schedule maintenance for quiet hours where we can and tell you in advance about planned downtime that may affect ordering.
10. Cancelling and ending the service
- You can cancel at any time by emailing us. Monthly plans end at the end of the month you cancel in; plans paid yearly run to the end of the paid year and are not refunded for unused months unless we've agreed otherwise in writing.
- We can end the service with 30 days' notice, or straight away if you seriously or repeatedly break these terms.
- After the service ends, your store stops taking orders. You have 30 days to export your data; after that we delete it, except what we must keep by law (for example, invoices).
11. Ownership
Menuatic's software, design and brand belong to us. You keep everything you upload and give us permission to use it only to run your store and the service (for example, to show your logo and menu on your ordering site).
12. Warranties and liability
We provide Menuatic with reasonable care and skill. Apart from that, and to the extent the law allows, the service is provided "as is", without other promises, such as that it will meet every need or be free of every error.
To the extent the law allows, neither of us is liable to the other for indirect or consequential losses, such as lost profits or lost orders, and our total liability for anything arising from these terms in any 12 months is limited to the fees you paid us in the 3 months before the event. Nothing in these terms limits liability that can't be limited by law, such as for fraud.
You agree to cover us for claims made against us by third parties (including your customers) that arise from your products, your content, or your breach of these terms or the law.
13. Changes to these terms
We may update these terms as Menuatic and the law change. For changes that matter to you, we'll email you at least 30 days before they apply. Continuing to use Menuatic after that means you accept them; if you don't, you can cancel before they take effect.
14. General
- These terms, your plan details and any written agreement with us are the whole agreement between us about Menuatic.
- The laws of [country] govern these terms, and its courts handle any dispute, unless the law where you are based gives you rights that can't be waived. We'll always try to settle a disagreement by talking first.
- Neither of us is responsible for delays caused by events outside reasonable control, such as major internet or power failures.
- If part of these terms can't be enforced, the rest still applies. You may not transfer your account to someone else without our agreement; we may transfer these terms to a company that takes over Menuatic, and will tell you if we do.
- Notices to us go to [email protected]; we'll send notices to the email on your account.
Questions about these terms? Contact us; we're happy to explain anything.