DailyMenu

Terms of Service

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Last Updated: February 16, 2026

PRELIMINARY TITLE

By means of the present instrument, Dailymenu.app ("Daily Menu", "Platform", "Website" or "Site") is a subsidiary site of DailyMenu, LLC (hereinafter "Daily Menu", "we", "us" or the "Company"). DailyMenu, LLC is a company duly organized and validly existing under the laws of the State of Delaware, United States of America, under the corporate form of a Limited Liability Company or LLC.

These terms of service (the "Master Terms", "Agreement") govern your access to and use of Daily Menu, as part of the services of DailyMenu, LLC ("Services"), and accordingly, by this act, the signatory is encouraged to become aware of the scope, prerogatives, and obligations set forth herein.

As set forth in this Agreement, (I) "Services" shall mean any of the Internet-based or other services offered by the Company, including but not limited to those enumerated in this Agreement, whether through a website owned or controlled by the Company, through a social media platform, computer software, mobile application, on your mobile phone, or otherwise; (II) "Published Content" means digital assets uploaded and published on Daily Menu; (III) "Pre-Publication Assets" means unprocessed editorial content (e.g., text, images, design information) uploaded to Daily Menu; (IV) "User Submissions" means Published Content and Pre-Publication Assets, collectively, and also means any and all content elements or other materials (including but not limited to images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a User through the Service or otherwise integrated into the Service by a User; (V) "User-Created Material" means any intellectual property created by a User as part of their use of the Service.

By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you accept these Terms for that organization and represent that you have the authority to bind that organization to these Terms. In that case, "you" and "your" shall refer to that organization.

By accessing and using our website, you accept the Terms which are subject to the Master Terms of Service of DailyMenu, LLC ("Master Terms") which are incorporated by reference, and you further agree to comply with all such provisions and terms.

These Terms apply to your use of our websites, as well as other pages, information, software, services, products, and content that may be operated, hosted, or managed by DailyMenu, LLC or its affiliates. Some of these products and services may require the use of an Account (the "Account"), and these Master Terms contain provisions that are applicable to the use of such products and services. By using our Services or by completing the registration process to obtain and use an Account, you agree to be bound by this Agreement for as long as you remain a member. If you do not agree to be bound by and comply with the provisions of this Agreement, we ask that you refrain from registering on our website, as well as from accessing or using any of our websites and services.

You may use the Service only in accordance with these Terms. You may use the Service only if you have the legal capacity to enter into a contract with Daily Menu and no applicable law prohibits you from doing so. The Service may continue to change over time as we refine and add more features.

If you breach any of the provisions contained in these Master Terms, your authorization to use Daily Menu shall automatically terminate, and if such breach is observed, DailyMenu, LLC reserves the right to pursue enforcement and the corresponding proceedings.

TITLE ONE

Use of the Service

1. Use of the Site

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service and related software and to display the output of such Service ("Proprietary Format"). You agree not to copy or distribute the content of the Service except as specifically permitted in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of the Company.

The Company grants you a limited revocable license to publish a copy of the Proprietary Format on your own personal website or on a third-party website that complies with all legislative instruments from which these Master Terms emanate, as well as the content thereof.

Finally, the Company reserves the right to discontinue the Service or change the content of the Service in any manner and at any time, with or without prior notice. The foregoing shall not give rise to any liability on the part of Daily Menu.

1.1. User Obligations

You represent and agree that:

  • I. You have the legal capacity to enter into this Agreement, as well as the right and express authority to execute the agreement represented by these provisions and to comply with all clauses, terms, and conditions of these Master Terms;
  • II. The Daily Menu service requires that all individuals be at least 13 years of age before creating an account. In the event that a User interested in using the Service is between 13 years of age and the age of majority in their place of residence, their legal guardian must review and accept these terms of service. Creating an account with false information constitutes a violation of our terms, and DailyMenu, LLC reserves the right to pursue enforcement and the corresponding proceedings.
  • III. You shall be subject to any additional rules or policies posted within or with respect to any application upon which Daily Menu relies and its possible extensions ("applications"), forums, or contests provided on the Service.
  • IV. Unless expressly permitted, you shall not copy, redistribute, publish, or exploit material from the Service without the prior express written permission of the Company;
  • V. Any User-Created Material is your original work and your contribution does not violate the privacy rights, publicity rights, copyrights, or other intellectual property rights of third parties;
  • VI. Any User Submission is your original work and your contribution does not violate the privacy rights, publicity rights, copyrights, or other intellectual property rights of third parties;
  • VI. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User-Created Material and User Submissions;
  • VIII. You have the right to display any and all elements of the User-Created Material and User Submissions that you have published through the Service, including the right to display all copyrights, trademarks, trade names, and similar intellectual property;
  • IX. The Company is not responsible for monitoring or editing the Service.
  • X. The Service may contain information and/or displays that are contrary to your preferences or practices of any kind or that you find offensive; therefore, by signing these Master Terms, you waive any objection you may have with respect to the viewing of such content.
  • XI. You comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your User ID or password, as well as the given name or business name under which you publicly present yourself upon signing this instrument, including the content of materials you post on Daily Menu.

TITLE TWO

Accounts

2. Guest

You may browse the website without creating an account, subject to these Master Terms; Daily Menu will record basic analytical information to improve our service; however, access shall be limited, with all functions of the Service for Users and/or subscribers of the Paid Service remaining inactive, as well as access to the Proprietary Format.

2.1. Creating an Account

To use all features of the Daily Menu Service, interested Users must register for an account or sign in to the Daily Menu Service using their Facebook/Google login or another third-party social media platform that we support ("Integrated Service"). Your use of any account with an Integrated Service is subject to the terms, conditions, and policies, including the privacy policies, of that Integrated Service. When you use the Daily Menu Service to upload, download, or purchase content or any product, service, or information from Daily Menu, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Daily Menu, upon registration and at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If you have reason to believe that your account is no longer secure (for example, in the event of loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number, as applicable), you must immediately notify Daily Menu customer support. You are solely responsible for losses incurred by Daily Menu or others due to any unauthorized use of your Service account, and in the event you engage in any such practices, DailyMenu, LLC shall pursue appropriate legal proceedings.

All Daily Menu accounts are non-transferable, and any rights therein shall terminate upon the death of the account holder or the legal incapacity of the same to maintain the validity of this instrument. You may change or correct your account information at any time by signing in to your Daily Menu account in the section provided by the application.

Without prejudice to your legal rights, if you forget your password and cannot validate your account, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be recoverable, while Daily Menu reserves the right to restore your content.

The User may use the Service only with respect to files generated through the Daily Menu Services, such as files in HTML, PDF format, or those that the Company may subsequently enable. Likewise, the Service may be used with respect to files, mobile folders, or other related files that have been used in the User-Created Material, including but not limited to images and other digital content.

If you use the Service to host other files, we may stop, suspend, or modify the Service at any time without prior notice. We may also remove any content from our Service at our discretion.

2.2. Account Suspension

We reserve the right to suspend or terminate the Services at any time, with or without cause, with or without prior notice. If inappropriate activity is detected, all accounts of the Customer in question shall be deactivated until an investigation is completed. For example, we may suspend or cancel your use if you fail to comply with these Terms, or use the Services in any manner that may give rise to legal liability or disrupts the use of the Services by others. If we suspend or cancel your use, we will attempt to notify you in advance and help you recover data, although there may be some cases (for example, repeated or flagrant violation of these Master Terms, a court order or judicial mandate, as applicable, or a danger to other Users) where Daily Menu reserves the right to immediately suspend activities within the Service. You will not be credited for the time during which the User-Created Material, as well as the content linked to the User's Account, was suspended.

TITLE THREE

Payments and Fees

3. Paid Services

Certain parts of the Service may have associated fees (each, a "Paid Service"). You will have the opportunity to review and accept the fees that will be charged to you before using a Paid Service. We may change the fees for any part of the Service at any time. Unless otherwise stated, all fees are quoted in United States dollars.

3.1. Free Version

Daily Menu may make available to you a free trial version of a Paid Service at no charge ("Free Version"). You may be required to enter a payment method (defined below) to register for the Free Version.

3.2. Payment Information

You are solely responsible for paying all applicable fees and taxes associated with your Daily Menu account in a timely manner, with a valid payment method. By choosing to purchase or use a Paid Service, you authorize Daily Menu or its third-party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant you are authorized to use; all applicable fees for that Paid Service, including all applicable taxes. For one-time purchases of Paid Services, regardless of whether it involves a periodic deduction from the Payment Method used, billing shall be processed through the originating banking institution or the institution from which the financial service is provided.

III.3 Subscriptions

For purchases of subscriptions to Paid Services:

  • I. Your "Subscription Billing Date" is the date on which you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10: (I) the Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (II) the Billing Date for your first annual subscription is January 10 of each year, and (III) the Billing Date for all subsequent annual subscription purchases shall be the closest 10th calendar day of the month to your purchase date. Your Payment Method will be automatically charged on the Subscription Billing Date all applicable fees for the next month or year, as applicable.
  • II. For any subscription to a Paid Service that you purchase after your Subscription Billing Date has been established, your Payment Method will not first be charged a prorated amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will continue to be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date.
  • II. You agree that our third-party payment processors may charge your credit or debit card monthly before providing the Service. If you choose the monthly payment mode, the Service may be immediately suspended or cancelled for accounts that present a failure to pay, starting from the day following the date on which the corresponding payment was due. Accounts that are not collectible by our third-party payment processors may be referred to an external collection agency for the enforcement of the pecuniary obligation.

3.4. Termination of Subscriptions

For any subscription to a Paid Service, that subscription shall continue unless and until you cancel your subscription or, as set forth in this instrument, the Company exercises its authority to restrict or suspend the activities on the User's account. You must cancel your subscription before it renews to avoid billing of the subscription fees for the following period (i.e., month or year) to your Payment Method. We will bill the periodic subscription fee to the payment method you provide us during registration (or to a different payment method if you change your account information).

Warning: termination of the subscription will disable your Published Content. If your Published Content has been disabled for one year and you have not yet renewed the service, our system will automatically delete your Published Content.

3.5. Third Parties and Fee Collection

You acknowledge and agree that Daily Menu may share any credit card and related billing and payment information that you provide to the Company with companies that work on behalf of Daily Menu, such as payment processors or credit agencies, solely for the purpose of credit verification and effecting payment to Daily Menu, as well as servicing your account. The terms of your payment shall be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuing banking institution may charge a foreign transaction fee or related charges. Please consult with your bank and credit card issuers for further details. If your payment method for any Paid Service fails or your account is past due, DailyMenu, LLC reserves the right to suspend or cancel your access to one or more Daily Menu Services or definitively terminate the User's account. Upon such termination, you shall remain obligated to pay all outstanding fees and charges related to your account and your use of the Daily Menu Service prior to termination.

3.6. Refunds

Any fees charged to your account are non-refundable, unless expressly stated otherwise in these Terms. If you or we cancel your subscription, you are not entitled to a refund of the subscription fees already charged for an active subscription period. You agree to submit any dispute regarding any charge to your account through the mechanisms offered by the application within thirty (30) days of the charge; otherwise, such dispute shall be waived and the charge shall be final and not subject to challenge. Refunds (if any) made pursuant to a dispute are at the sole discretion of DailyMenu, LLC.

3.7. Taxes

You are responsible for paying any governmental tax or any tax arising from the use of the Daily Menu Services, including taxes on the sale of goods, use, or value added. If requested, you will promptly provide Daily Menu with the corresponding receipts or certificates with respect to such remittances as soon as reasonably practicable. To the extent that Daily Menu is required to collect such taxes, Daily Menu will charge them to your Payment Method or add the corresponding deduction to your billing account.

TITLE FOUR

User Submissions

4. Pre-Publication Assets

By uploading Pre-Publication Assets to the Daily Menu Service, you grant Daily Menu a worldwide, non-exclusive, transferable, assignable, fully paid, and royalty-free license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on the Daily Menu Service, solely to enable you and other Users authorized by you to work with those Pre-Publication Assets in the manner selected. You may invite individuals who are not Users to collaborate on Pre-Publication Assets, but to access them within the application, each individual must accept these Terms.

4.1 Published Content

By uploading Published Content to the Daily Menu Service, you hereby grant Daily Menu a worldwide, non-exclusive, transferable, assignable, fully paid, and royalty-free license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any form or media format, and through any media channel, now known or hereafter devised, including but not limited to RSS (Really Simple Syndication) channels, embeddable features, and syndication agreements to distribute, promote, or advertise your Published Content through the Daily Menu Service. This license includes, for example, the right of Daily Menu to engage a partner to distribute Published Content, whether or not such partner identifies Daily Menu as a partner, to such partner's customer base on a free or paid basis. This license also includes the right of Daily Menu to convert your Published Content to Daily Menu's Proprietary Format, or to other file formats that Daily Menu may use, and to display and make your Published Content available, in whole or in part (including excerpts), on the Daily Menu Service in association with other Published Content, content, or advertising. Subject to the grant of license to other Users below, the license granted by you to Daily Menu in this paragraph terminates as to a specific Published Content once such Published Content is removed from the Daily Menu Service.

4.2. Representations

You are solely responsible for all your User Submissions and hereby acknowledge and affirm that the Daily Menu Service merely provides you with the means to collaborate and make available your User Submissions; consequently, the consequences of uploading them rest with you. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner or have the necessary licenses, rights, consents, and permissions to use and authorize Daily Menu and Daily Menu Users to utilize and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Daily Menu in these Master Terms; (2) your User Submissions do not: (I) infringe, violate, or misappropriate any third-party right, including copyrights, trademarks, patents, trade secrets, corporate rights, privacy rights, publicity rights, or any other intellectual property or proprietary right, or (II) constitute slander, defamation, libel, or an invasion of the right of privacy, publicity, or other proprietary rights of any other person; and (III) your User Submissions do not contain viruses, adware, spyware, malware, worms, or other malicious code, nor any other content or file that provides a method to access potentially infringing content outside the Daily Menu Service. Infringers of these third-party rights may be subject to criminal and civil liability. Daily Menu reserves all rights and remedies against any User who violates these Master Terms.

4.3. Removal of User Submissions

Although Daily Menu has no obligation to remove, screen, edit, or monitor any Published Content, Daily Menu reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason, without prior notice. Furthermore, although Daily Menu has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, Daily Menu reserves the right and has absolute discretion to remove, screen, edit, or disable any Pre-Publication Assets at any time and for any reason, without prior notice.

4.4. No Endorsement

Furthermore, you understand that by using the Daily Menu Service, you will be exposed to Published Content from a variety of sources, and that Daily Menu is not responsible for the accuracy, content, usefulness, or intellectual property rights of such Published Content. Additionally, you understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable right or remedy you have or may have against Daily Menu with respect to the foregoing. Daily Menu does not endorse any User Submission or any opinion, recommendation, or advice expressed in any User Submission. The User expressly agrees, through this instrument, to release Daily Menu from any and all liability in connection with User Submissions. If a User or content owner notifies of a User Submission that allegedly does not comply with these Terms, Daily Menu may investigate the allegation and determine, at its sole discretion, whether to remove the User Submission, reserving the right to do so in accordance with these Master Terms. For the avoidance of doubt, Daily Menu does not permit copyright-infringing activities on the Service.

4.5. Referral Partners

Daily Menu may, as part of the Daily Menu Service, allow you to enable certain third parties, in strict accordance with the Company's needs at the time of generating a current commercial operation (for the purposes of such operation they shall be recognized by both the company and the User as "Referral Partner/s"), enabling the Company to upload User Submissions on your behalf. From the moment the User enters into these Master Terms, the User authorizes both the potential Referral Partners and the Company itself to use and request, including but not limited to, User information, for which purpose the User shall permit Daily Menu to provide such Referral Partner with certain information that may include, among other data, your API upload key, your client ID, or other relevant information. Without limiting any other provision of these Terms, you understand and agree that Daily Menu shall have no liability for the content or quality of any User Submission provided by a Referral Partner. You must provide Daily Menu with written notice at least thirty (30) days in advance if you wish to remove a Referral Partner from your account; however, if necessary for the proper functioning of the Service, Daily Menu reserves the right to restrict this prerogative.

4.6. Prohibited Content

Any User, including a Paid Service User, who uploads, posts, or transmits prohibited content shall have their service terminated without prior notice. You agree not to upload, post, or transmit any of the following content:

  • I. Adult Content:

    It is prohibited to store or publish adult content, or links to adult content, through the Daily Menu Service. All material of a pornographic nature is considered adult content. Online image galleries whose primary purpose is the public exhibition of fine arts or artistic media are not considered adult content.

  • II. Offensive Content:

    Bigoted, defamatory, harassing, abusive, stalking, hate speech-promoting, threatening content, or any communication of any nature that we determine, at our sole discretion, to be inappropriate, shall result in the termination of the service without prior notice.

  • III. Intellectual Property Provisions:

    You are prohibited from storing or publishing content or links to content that infringes or violates the intellectual property rights of third parties (e.g., trademark, patent, or copyright infringement).

  • IV. Violent Content:

    It is prohibited to upload, post, or transmit any material that constitutes a direct threat of violence against any person or group of persons;

  • V. Hateful Content:

    You may not upload, post, or transmit any material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, or sexual orientation/gender identity;

  • VI. Spam Content:

    You are prohibited from uploading, posting, or transmitting any material that Google flags as "user-generated spam."

  • VII. Deceptive and Bad Faith Content:

    You are prohibited from uploading, posting, or transmitting any material that leads to deceptive and bad faith conduct that, at our sole discretion, we deem inappropriate.

TITLE FIVE

Prohibited Conduct

The User agrees not to engage in any of the following prohibited conduct:

  • I. Using the Daily Menu Service for any purpose other than disseminating or receiving original or properly licensed content and accessing the Daily Menu Service as Daily Menu offers such services;
  • II. Removing copyright or other proprietary rights markings on the Daily Menu Service or on User Submissions of other Users;
  • III. Making unsolicited offers, advertisements, proposals, or sending junk mail or spam to other Users of the Daily Menu Service; this includes but is not limited to unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charitable solicitations, and petition for signatures;
  • IV. Using the Daily Menu Service in violation of any local, state, national, or international law, including but not limited to laws governing intellectual property or other proprietary rights, and data protection and privacy, or posting, uploading, or distributing any defamatory, libelous, or other content;
  • V. Defaming, harassing, abusing, threatening, or defrauding Users of the Daily Menu Service, or posting, uploading, or distributing any content that is illegal or inappropriate, collecting or attempting to collect personal information about Users or third parties without their consent.
  • VI. Renting, leasing, lending, selling, reselling, sublicensing, distributing, or otherwise transferring the licenses granted in these Master Terms or any Material.
  • VII. Impersonating any person or entity, falsely claiming an affiliation with any natural or legal person, accessing Daily Menu Service accounts of others without permission, forging the digital signature of others, misrepresenting sources, the identity or content of information transmitted through the Daily Menu Service, or engaging in any other fraudulent activity;
  • VIII. Hacking, removing, circumventing, disabling, damaging, or interfering with security-related features of the Daily Menu Service or User Submissions, features that prevent or restrict the use or copying of any content accessible through the Daily Menu Service, or features that impose limitations on the use of the Service or User Submissions, intentionally interfering with or damaging the operation of the Daily Menu Service, as well as the enjoyment of any User thereof, by any means, including uploading or disseminating viruses, adware, spyware, malware, worms, or other malicious code;
  • IX. Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Daily Menu Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • X. Modifying, adapting, translating, or creating derivative works based on the Daily Menu Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Master Terms or applicable law notwithstanding this limitation; or
  • XI. Removing, obscuring, blocking, hiding, or otherwise altering the display of any advertising (or any part or aspect thereof), Daily Menu branding elements, including logos, trademarks, service marks, or other Materials displayed by Daily Menu in connection with the Service, regardless of your use of the integration feature of the Daily Menu Service to display authorized content on your sites or on those of other third parties.
  • XII. Harming minors in any way;
  • XIII. Collecting information about others, including email addresses, without their consent;
  • XIV. Creating a false identity or a forged email address or header, or attempting to mislead others as to the identity of the sender or the origin of the message;
  • XV. Violating any applicable domestic or international law, with particular attention to the procedural and substantive laws of the United States of America, with respect to the transmission of technical data or software exported from the United States through the Service;

TITLE SIX

Privacy

6. Privacy Policy

The Daily Menu Privacy Policy is incorporated into these Terms by reference, which, for the purposes of this contractual instrument, is defined as the legal document that protects the User and communicates the mechanisms, as well as the internal processes that the Company will employ to retain, process, handle, manage, utilize, safeguard, and protect the data requested by the digital systems of the source code, as well as the personal data that the User expressly makes available to the Company, for the sole purpose of contracting the Service that the offeror provides. In order to learn about the use and disclosure of your personal information by Daily Menu, it shall be the User's responsibility to review the Privacy Policy; in addition, if the User does not wish to contract the Service or contravenes any of the clauses of this instrument, the User is released so that under no circumstances shall they be a signatory of our Privacy Policy, as well as to refrain from registering on our website, since otherwise they shall be treated in accordance with the guidelines previously established in addition to those that follow consecutively thereafter.

6.1. Newsletters

By registering for a Daily Menu Service account, you are automatically enrolled to receive emails from Daily Menu, which may include software update newsletters, announcements, and promotional emails about Daily Menu software and other promotional offers from third parties. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

TITLE SEVEN

Disclaimer of Warranties

Daily Menu disclaims all statutory, express, or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, that you obtain from Daily Menu or through the Daily Menu Service shall create any warranty not expressly stated herein. You expressly acknowledge that this disclaimer includes the officers, directors, employees, shareholders, agents, licensors, and subcontractors of DailyMenu, LLC. You expressly agree that the use of the Service is at your own risk.

The Daily Menu Service and any data, information, User Submissions, linked sites, products, services, or applications available in conjunction with, or through the Service, are provided "as is" and "as available", "with all faults arising from the use, enjoyment, and benefit of the Service", and without warranties or representations of any kind, whether express or implied. DailyMenu, LLC, its licensors, affiliates, and partners do not warrant that the data, User Submissions, or any other product, service, or application offered on or through the Service, as well as any other linked site, will be uninterrupted or free of errors, viruses, other damages, or components, and do not warrant that any of the foregoing will be corrected. Daily Menu, its licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Service or any linked site in terms of correctness, accuracy, reliability, or otherwise.

You understand and agree that you use, access, download, or obtain information, materials, or data through the Service or any other linked site at your own discretion and risk, and that you shall be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

Examples of User-Created Material (menus) displayed on the homepage, case study pages, or other locations on this website are made by Daily Menu software, and these examples do not represent the opinions of those brands. All trademarks, brand names, or logos mentioned or used on this website are the property of their respective owners.

TITLE EIGHT

Modifications

The User acknowledges and agrees that these Terms shall be available for consultation at all times, and that it is the User's sole responsibility to review these Terms in order to be aware of the most current version, which shall always be publicly available on our website. If a revision, at our sole discretion, is material, we will notify you (for example, by email to the email address associated with your account). In the event that these Master Terms are modified or revised, it shall be subject to the reservation of the rights acquired by DailyMenu, LLC thereunder. In accordance with this clause, it shall be your obligation to be aware of them at the time the notification is issued; therefore, by continuing to access or use the Services after the revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are released from the obligation and may cease using the Service.

TITLE NINE

Refund Policies

Daily Menu offers a free version of the application that can be used to test the functionality and evaluate the quality of our product before acquiring the Paid Service. For this reason, Daily Menu generally does not offer refunds. Any fees charged to your account are non-refundable, unless expressly stated otherwise in these Terms. If you or we cancel your subscription, you are not entitled to a refund of the subscription fees already charged for a subscription period that has already commenced. You agree to submit any dispute regarding any charge to your account in writing to Daily Menu within thirty (30) days of the charge; otherwise, such dispute shall be waived and the charge shall be final and not subject to challenge. Refunds (if any) made pursuant to a dispute are at the sole discretion and exclusive judgment of Daily Menu.

TITLE TEN

DMCA

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to third parties without obtaining the prior written consent of the owner of such proprietary rights. Our policy is to respond to clear notices of alleged copyright infringement that comply with the provisions of the Digital Millennium Copyright Act ("DMCA"). Furthermore, we will promptly and without prior notice terminate the accounts of those we deem to be repeat infringers.

If the User is a copyright owner and believes that their work has been copied in a manner that constitutes copyright infringement, or their intellectual property rights have been violated, or is aware of another User engaging in such unfair practices, the User may contact the Technical Support provided by the Company to take such action as may be appropriate.

TITLE ELEVEN

Indemnification

11. Indemnification and Release from Liability

The User acknowledges and agrees to indemnify, as well as hold harmless, the Company, understood as the aggregate of officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees, from any claim or demand, including reasonable attorneys' fees, as well as judicial costs and expenses incurred in connection with the processing of any type of judicial matter. If you are using the Services on behalf of a business, enterprise, or other entity, or if you are using the Service for commercial purposes, you and the entity shall hold harmless and indemnify the Company from any suit, claim, or action arising out of or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs, and attorneys' fees.

11.1. Scope and Cases of Application of Indemnification

The User shall be subject, in strict compliance, to the provisions of the preceding paragraph, in the event of engaging in or being found in the following circumstances:

  • I. That the User incurs in any type of violation arising from User-Created Material, or arising from any User Submission, published or made available through the Service;
  • II. That the User makes improper use of the Service;
  • III. In the event of violating these Master Terms, as well as failing to comply with any of the representations set forth in this instrument.
  • IV. In the event of the violation of any rights of another person or entity.

TITLE TWELVE

Limitation of Liability

Under no circumstances shall the Company be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been informed of the possibility of such damages), resulting from any aspect of the use of the sites or the Service itself, whether the damages arise from the use or misuse of the site or the Service, from the inability to use the Service, or from the interruption, suspension, modification, alteration, or termination of the sites or the Service. Such limitation shall also apply with respect to damages caused by other services or products received or advertised in connection with our website; it shall limit the Service or any link on the site, as well as any information or advice received or advertised in connection with the sites or the Service. These limitations shall apply to the fullest extent permitted by applicable law.

TITLE THIRTEEN

Intellectual Property Rights

13. Your Rights

You retain full ownership of your content ("Published Content"). By "Published Content" we mean both the material you upload to Daily Menu ("User Submission") and the content you generated/published on Daily Menu ("User-Created Material"). Daily Menu does not claim any ownership rights over the text, files, images, photographs, videos, sounds, musical works, works of authorship, or any other material ("Published Content") displayed on Daily Menu. However, we need you to grant us certain rights in the "Published Content" so that we may incorporate such "Published Content" into our services. Without such prerogatives, we may be violating copyright and other laws by storing, publishing, backing up, and allowing the download of Published Content on or through Daily Menu. By displaying or publishing any content on or through Daily Menu, you hereby grant Daily Menu a limited, worldwide, non-exclusive, fully paid, and royalty-free license to use, modify, delete, add to, publicly perform, publicly display, reproduce, and translate such content, including but not limited to the distribution of all or part of the Site in any multimedia format through any media channel, except for content not publicly shared ("private") which shall not be distributed outside of Daily Menu.

13.1. Copyrights

The materials found on the site are protected by copyright laws of the United States of America, as well as international legislation, with the exception of works produced by the United States Government in accordance with 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including public domain information), and the overall design of the site are copyrighted. Permission is granted to view and print materials from the Daily Menu site for the non-commercial purpose of viewing, reading, and retaining as reference; any other copying, distribution, transmission, or modification of information or materials on this site, whether in electronic or printed form, without the prior written consent of DailyMenu, LLC, is strictly prohibited.

13.2. Daily Menu Rights

All materials contained on Daily Menu are copyrighted by DailyMenu, LLC and are protected to the fullest extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any material owned by Daily Menu, including graphics related to the Service.

Dailymenu.app is a trademark or service mark that identifies Daily Menu and the services it provides, and such marks may not be used under any circumstances without the prior written authorization of DailyMenu, LLC.

You do not acquire, by being a signatory to these Master Terms, or by being a visitor to the website, any ownership right by using the Service, downloading material, or uploading material thereto; furthermore, you agree not to copy, distribute, publish, or exploit material from the Service, except as expressly permitted in this instrument, without the prior written permission of the Company.

TITLE FOURTEEN

Violations and Termination

Unless expressly stated otherwise in these Terms, you agree that Daily Menu, at its sole discretion and without penalty, may cancel or suspend any account opened through the use of the Daily Menu Service and remove, as well as discard in whole or in part your account, User profile, and any User Submission, for any reason and at any time, without prior notice. Daily Menu may also, at its sole discretion and at any time, cease providing access to the Daily Menu Service, or any part thereof, with or without prior notice. You agree that any termination of your access to the Daily Menu Service or any account arising from the use of the Service may be effected without prior notice, except as expressly stated otherwise in these Master Terms, and you agree that Daily Menu shall not be liable to you or any third party for such termination, including the loss of your User Submissions. Any suspected fraudulent, abusive, or illegal activity may be referred to the corresponding jurisdictional authorities. These remedies are in addition to any other remedy that Daily Menu may have at law or in equity. Upon termination for any reason, you agree to immediately cease using the Daily Menu Service, any accompanying documentation, and all other associated materials. Your sole remedy with respect to any dissatisfaction with: (I) the Daily Menu Service; (II) any clause set forth in these Master Terms; (III) any policy or practice of Daily Menu in the operation of the Service; (IV) any content or information transmitted through the Daily Menu Service, is to terminate these Terms and your account.

You may cancel a Paid Service at any time by navigating to your account settings within the Daily Menu Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and Daily Menu reserves the right to charge subscription fees until the end of the selected subscription period. In the event that Daily Menu charges fees for the full subscription period, the User shall continue to have access to the cancelled Paid Service until the end of the selected subscription period, and these Terms shall continue to apply during the use of that Paid Service.

You may cancel your Daily Menu Service account and these Terms at any time by navigating to your account settings within the Daily Menu Service and selecting the option to cancel your account. If Daily Menu terminates your account for breach of these Terms, Daily Menu reserves the right to charge you fees until the end of your subscription period for any Paid Service you acquired prior to termination. In the event that Daily Menu terminates your use of a part or all of the Daily Menu Service before the end of your subscription period (except if such termination results from your breach of these Terms, in which case Daily Menu may terminate without liability as described in the first paragraph of this clause), your sole remedy is a prorated refund of the purchase price paid for any terminated Paid Service, with Daily Menu reserving the right, at its sole discretion, to determine the feasibility of issuing a refund to the User.

TITLE FIFTEEN

General Provisions

15. User Responsibility for Content and Use of the Service

The User is solely responsible for their conduct, the content of their files and folders. For example, it is the signatory's responsibility to ensure that they have the necessary rights or permissions to comply with these Master Terms.

We may choose to review public content to comply with our community guidelines, but by entering into this instrument, it is acknowledged that Daily Menu has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, suitability, or legality of files, User posts, or any other information that you may access through the Service.

Files and other content on the Service may be protected by the intellectual property rights of third parties. Do not copy, upload, or download files unless you have the right to do so. The User, not Daily Menu, shall be fully responsible for what they copy, upload, download, or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service.

The User, and not Daily Menu, is solely responsible for maintaining and protecting their digital assets. Daily Menu shall not be liable for any loss or corruption of your assets, nor for any costs or expenses associated with backing up or restoring any of your assets.

15.1. Content Indexed by Search Engines

All content you upload will be indexed by search engines by default. If User content is deactivated or removed, search engines may still include it as a search result. You agree that Daily Menu cannot control how search engines display their own results.

15.2. Copyrights

All content provided within or through this Service is protected by copyright laws, patent laws, U.S. and international trademark laws and regulations, and various intellectual property laws, international treaties, and agreements. You may not copy, publish, reverse engineer, decompile, exchange, commercialize, or transmit in any way intellectual property of any nature, within or through this Site, without the written permission of the content owner.

15.3. ARCO Rights

This instrument provides for the existence of the so-called ARCO Rights (Access, Rectification, Cancellation, and Opposition) for the benefit of the User, given that the control of personal data in the possession of third parties, as is the case when subscribing to these Master Terms, grants various rights, as follows.

  • I. Access. The User may request information about what personal data DailyMenu, LLC holds, as well as the purpose of such data.
  • II. Rectification. The User may request the updating or correction of their personal data contained in their User Submissions, as well as report inaccuracies therein.
  • III. Cancellation. The User shall have the right to request the deletion of personal data from files, records, or systems when they are no longer necessary; the foregoing subject to the safeguard that DailyMenu may deny such request in the event that it is necessary for the proper functioning of the Service.
  • IV. Opposition. The User shall have the right to object to the use of personal data for specific purposes or when such use causes harm, by notifying the Company, which shall resolve the request, and such determination may not be revoked.

15.4. Cookie Policy

Daily Menu uses "cookies" and similar technologies that are stored in the User's browser for the purpose of enabling access to and sign-in to the Platform, facilitating the use of menu creation and management functionalities, personalizing the User experience, remembering User preferences, and optimizing the overall functioning of the Service. Likewise, such "cookies" may be used to display personalized content and, where applicable, advertising tailored to the User's interests. The User may disable the use of "cookies" at any time through their browser settings; however, disabling them may wholly or partially affect the proper functioning of the Platform and limit certain functionalities.

"Cookies" are text files that a web server places in the User's browser and that contain information that can later be read by the server belonging to the domain that issued them. "Cookies" cannot execute programs or contain viruses that affect the User's equipment. The User may accept or reject the use of "cookies" through their browser settings. In the event the User chooses to reject them, Daily Menu will be unable to store certain User preferences, which may impact the personalized experience within the Platform.

For further information regarding the use, processing, and purpose of "cookies," as well as the collection and protection of the User's personal data, the User may consult the Daily Menu Privacy and Cookie Policy, which is incorporated into these Terms by reference and is available and accessible on the official website of the Platform.

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Terms of Service - DailyMenu | DailyMenu