Terms of Service

1. Acceptance of Terms

By accessing or using DailyMenu ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("Customer", "you", or "your") and DailyMenu LLC ("we", "us", or "our"), a company incorporated in Delaware.

Effective Date: December 15, 2025

By creating an account, subscribing to our service, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Definitions

For purposes of these Terms:

• "Service" means the DailyMenu SaaS platform, including all features, tools, content, and services provided through our website and applications.
• "Customer" or "you" refers to the individual or business entity that has created an account and uses the Service.
• "Content" means any data, text, images, videos, or other materials you upload, create, or manage using the Service.
• "Subscription" means your paid access to the Service under a specific pricing plan (Starter or Business).
• "Tenant" means your isolated environment within our multi-tenant platform, identified by your unique subdomain.
• "Menu" means the digital menu or catalog you create and publish using the Service.

3. Service Description

DailyMenu is a multi-tenant SaaS platform that enables businesses to create, manage, and share digital menus and catalogs. The Service provides:

3.1 Core Features

• Digital menu creation and management
• QR code generation for physical locations
• Multiple design templates
• Product catalog with categories, variants, and attributes
• Image upload and management
• Public menu sharing via unique URLs
• Subdomain hosting (yourname.dailymenu.app)

3.2 Subscription Plans

3.3 Service Availability

While we strive for continuous availability, we do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice, and emergency maintenance may occur without notice.

4. Account Terms

4.1 Account Creation

To use the Service, you must create an account using Google OAuth or Facebook OAuth. You must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Requirements

• You must be at least 18 years old to create an account
• One account per email address
• You must be a human (no bots or automated accounts)
• You must use the Service for lawful business purposes only

4.3 Account Security

You are responsible for all activity that occurs under your account. If you believe your account has been compromised, contact us immediately at [email protected].

4.4 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service to:

• Create digital menus for your legitimate business
• Display products, services, or food items
• Share menus with customers via QR codes or URLs
• Manage your business's digital catalog

5.2 Prohibited Activities

You may NOT use the Service to:

• Upload or display illegal content (narcotics, weapons, stolen goods)
• Post adult content, pornography, or sexually explicit material
• Engage in hate speech or discriminatory content
• Distribute malware, viruses, or engage in phishing
• Send spam or unsolicited marketing
• Impersonate others or engage in fraud
• Violate intellectual property rights of others
• Scrape or harvest data from the platform
• Reverse engineer or attempt to access source code
• Resell or redistribute the Service without authorization

5.3 Enforcement

Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund. We reserve the right to report illegal activity to law enforcement.

6. Payment Terms

6.1 Pricing Plans

DailyMenu offers the following subscription plans:

• Starter Plan: $12 USD per month
• Business Plan: $25 USD per month

All prices are in United States Dollars (USD).

6.2 Free Trial

New customers receive a 30-day free trial. A valid credit card is required to start the trial. If you do not cancel before the trial ends, your subscription will begin, and you will be charged automatically.

6.3 Billing Cycle

Subscriptions are billed on a monthly recurring basis. Your billing cycle begins on the date you subscribe (or when your free trial ends) and renews automatically each month on the same date.

6.4 Auto-Renewal

6.5 No Refunds Policy

6.6 Payment Method

Payments are processed securely through Stripe. We accept major credit and debit cards. We do not store your credit card information; it is tokenized and stored securely by Stripe.

6.7 Price Changes

We reserve the right to change our pricing at any time. If we increase the price of your subscription, we will provide at least 30 days' advance notice via email to the address associated with your account.

The new pricing will apply to your next billing cycle after the notice period. If you do not agree to the price increase, you may cancel your subscription before it takes effect.

6.8 Taxes

You are responsible for all applicable taxes, duties, and government-imposed fees associated with your subscription. Our prices do not include taxes unless explicitly stated. We will add applicable taxes to your invoice where required by law.

6.9 Payment Failures

If your payment fails, we will make up to 3 automatic retry attempts over 7 days. You will receive email notifications about failed payments.

If payment is not successful after this period:

• Your account will be suspended (7-day grace period)
• You will lose access to the Service
• Your account will be scheduled for deletion (30 days after suspension)

To reactivate your account, update your payment method and contact support at [email protected].

6.10 Plan Changes

You may upgrade or downgrade your plan at any time. Changes take effect immediately, and your billing will be adjusted accordingly:

• Upgrades: You will be charged a prorated amount for the remainder of the billing period
• Downgrades: Credit will be applied to your next billing cycle (no refunds)

7. Intellectual Property

7.1 DailyMenu's Ownership

The Service, including all software, designs, text, graphics, logos, icons, images, audio clips, and code, is owned by DailyMenu LLC and protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes in accordance with these Terms.

7.2 Your Content

You retain all ownership rights to the Content you upload to the Service (menu items, descriptions, images, etc.). However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store your Content on our servers
• Display your Content through the Service
• Deliver your Content via CDN to end-users
• Create backups of your Content
• Process and optimize your Content (e.g., image compression)

This license terminates when you delete your Content or close your account, except for Content stored in backups (which are deleted within 30 days).

7.3 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to all Content you upload
• Your Content does not infringe on intellectual property rights of others
• You have permission to use any trademarks, logos, or copyrighted material in your Content

7.4 Copyright Infringement

We respect intellectual property rights. If you believe your copyrighted work has been infringed, please contact us at [email protected] with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Your signature (physical or electronic)

We will investigate and remove infringing content within 72 hours of receiving a valid notice.

7.5 Trademarks

"DailyMenu" and our logo are trademarks of DailyMenu LLC. You may not use our trademarks without our prior written permission.

8. Data & Privacy

8.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your data. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2 Data Ownership

You own your data. We will not sell, rent, or trade your personal data or business data to third parties for marketing purposes.

8.3 Public Content

Your published menus are publicly accessible by design. Any Content you mark as "published" or share via public URLs or QR codes will be accessible to anyone with the link.

8.4 Data Retention

While your account is active, we retain your data indefinitely. If you cancel your subscription:

• Your data is retained for 30 days (grace period for reactivation)
• After 30 days, your data is permanently deleted
• Payment records are retained for 7 years (tax compliance)

9. Disclaimers

9.1 No Guarantee of Results

We do not guarantee that use of the Service will increase your sales, customer engagement, or business success. Results may vary based on your business, market, and how you use the Service.

9.2 Third-Party Services

The Service integrates with third-party services (Stripe, AWS, etc.). We are not responsible for the availability, accuracy, or content of these third-party services.

10. Limitation of Liability

10.1 Indemnification

You agree to indemnify, defend, and hold harmless DailyMenu LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your Content (including any infringement claims)
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of your current billing period. No refunds will be issued for early cancellation.

11.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without cause, including but not limited to:

• Violation of these Terms
• Fraudulent activity or payment disputes
• Prohibited or illegal use of the Service
• Violation of our Acceptable Use Policy
• Failed payments

We will provide notice of termination via email when possible, but reserve the right to terminate immediately without notice in cases of serious violations.

11.3 Effect of Termination

Upon termination of your account:

• Your access to the Service will be immediately revoked
• Your published menus will become inaccessible
• Your data will be retained for 30 days, then permanently deleted
• You remain responsible for any fees incurred before termination
• Provisions of these Terms that should survive will remain in effect

11.4 Data Export

Before canceling, you may export your data (menu content, images, etc.). We are not responsible for data loss after account deletion. It is your responsibility to maintain backups of your Content.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Delaware. You waive any objection to venue in such courts.

12.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

12.4 Class Action Waiver

You agree to bring any disputes in your individual capacity only, and not as a plaintiff or class member in any class or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DailyMenu LLC regarding the Service and supersede all prior agreements and understandings.

13.2 Amendments

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

13.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver of any term or condition shall not be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.

13.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.7 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent to [email protected].

13.8 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.