Terms of Service

These Terms of Service ("Terms") are a general agreement that governs your access to and use of MyMobileMenu (the "Service"). In these Terms, "MyMobileMenu," "we," "us," and "our" refer to MyMobileMenu LLC, an Illinois limited liability company that operates the Service, and "you," "your," and "the user" refer to the person or entity using the Service. Please read these Terms carefully before using the Service.

1. Acceptance of terms

By accessing or using the Service, you agree to be bound by these Terms and by any policies referenced within them. If you are using the Service on behalf of a business or other organization, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not access or use the Service.

2. Description of the service

MyMobileMenu is a software-as-a-service platform that lets restaurants and bars create, customize, and publish mobile-friendly digital menus that are accessible to diners via public URLs and QR codes. The Service includes features such as drag-and-drop menu editing, item photos, AI-generated menu descriptions, menu import from PDF, photo, or URL, scheduling of menu sections and items, dietary tags and diner-facing filters, and analytics. We may add, modify, or remove features over time.

3. Eligibility & accounts

You must be at least 18 years old, and of legal age to form a binding contract in your jurisdiction, to create an account and use the Service. The Service is intended for businesses and is not directed to children. When you create an account, you confirm that you meet these requirements, and you agree to provide accurate, current, and complete information and to keep it up to date. We may close any account we learn was created by someone under 18.

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You agree to notify us promptly of any unauthorized use of your account.

4. Subscription plans & billing

4.1 Plans

The Service is offered on a Free plan and on paid plans (currently Pro and Enterprise, each a “Paid Plan”). The features, limits and prices of each plan are shown on our pricing page and in your account before you choose or change a plan. A “Menu” means one digital menu in your account. A “Billing Period” is one month or, where we offer it for your plan, one year, as you choose.

4.2 Choosing a plan; no charge until your first publish

When you create an account, you choose the plan you want to build with. No payment method is required to create an account or to choose a plan. If you choose a Paid Plan, its features are available to you right away while you build your Menus, and you are not charged at that time. You may switch between plans before your first publish without charge. Switching to a plan with fewer features does not delete your settings; your menus will show that plan's default look instead until you switch back.

The first time you publish a Menu on a Paid Plan, you will be asked to set up payment, monthly or yearly where offered, and to choose how many Menus your subscription covers. Your Menu goes live once payment is set up, and your subscription starts then. Once any of your Menus is published, a change to a higher Paid Plan is charged as described in Section 4.8. The Free plan never requires payment.

4.3 Per-menu pricing

Paid Plans are priced per Menu. Your charge for each Billing Period equals the then-applicable price per Menu for your plan and Billing Period, multiplied by the number of Menus included in your subscription.

4.4 Discounts

We may offer a reduced price per Menu, such as a founding-member or introductory offer, a discount code, or a price agreed individually with your account. A discount applies only on the terms stated when it is granted, including which Billing Period it applies to and how long it lasts. A discount's duration starts with your first paid charge on the Billing Period it covers. When a discount ends, your subscription continues at the then-current regular price per Menu for your plan and Billing Period.

4.5 Payment processing

Payments are processed by Stripe, Inc. By subscribing to a Paid Plan, you authorize us, through Stripe, to charge your payment method each Billing Period for the then-applicable amount until your subscription is cancelled. You will receive a receipt for each charge. You are responsible for keeping your payment method current.

4.6 Beta plan accounts

Accounts on the Beta plan keep every feature at no charge as described in our Beta User Agreement. A Beta plan account is never charged unless it affirmatively chooses a Paid Plan. If it chooses a Paid Plan before January 1, 2027, its payment method is saved and first charged on January 1, 2027, whether it chose monthly or yearly billing. We will email a Beta plan account before it moves to the Free plan, and that move never results in a charge.

4.7 Automatic renewal

Your subscription renews automatically at the end of each Billing Period, monthly or yearly, at the then-applicable price until you cancel. You consent to this recurring billing when you check out. For a yearly subscription, we will email you at least 30 days before each yearly renewal with the upcoming charge and how to switch to monthly billing or cancel.

4.8 Changing your plan, Menu count or Billing Period

After your subscription has started: adding Menus or moving to a higher Paid Plan takes effect immediately and is charged a prorated amount for the rest of the current Billing Period (if your payment method is declined, the change is not applied); removing Menus or moving to a lower Paid Plan takes effect immediately and gives you a prorated credit toward future invoices rather than a cash refund; switching from monthly to yearly billing takes effect immediately, charging the yearly price and crediting the unused part of your month; and switching from yearly to monthly billing takes effect at your next yearly renewal.

4.9 Refunds

Except as required by law or as stated in these Terms, fees paid are non-refundable, and we do not refund partial Billing Periods when you cancel, including the unused months of a paid year.

4.10 Non-payment

If a payment fails, Stripe will retry it for about two weeks and we will let you know. Your account and Menus keep working during that time. If payment still fails, your subscription is cancelled and your account moves to the Free plan as described in Section 4.11.

4.11 Free plan and Menus beyond your plan

If your account is on the Free plan, or has more Menus than its plan covers, all of your published Menus stay live for diners; we do not take a Menu offline or delete it because of a plan change or non-payment. The number of Menus your plan allows stays fully editable, and any others become “frozen”: they cannot be edited or re-published, but you can still mark items unavailable. You may change which Menu stays editable no more than once every 30 days. Features your plan does not include fall back to the plan's default look on your Menus, and your settings are kept so they return if you upgrade.

4.12 Price changes

We may change the price per Menu of a Paid Plan. Existing subscribers keep their current price until we give at least 30 days' notice by email; the new price applies from the first renewal at least 30 days after that notice (for a yearly subscription, the first yearly renewal). You may cancel before the new price takes effect.

4.13 Cancellation

You may cancel at any time online from Account → Billing → Manage billing. Cancellation takes effect at the end of your current Billing Period; your Paid Plan continues until then and you are not charged again.

4.14 Taxes

Prices do not include sales, use or similar taxes unless stated. You are responsible for those taxes, and we may collect them where the law requires us to.

4.15 Team members

The account owner, or a team member the owner has given billing permission, may manage the subscription. The account owner remains responsible for all charges on the account.

5. Acceptable use & prohibited conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Post or publish content that is unlawful, infringing, deceptive, fraudulent, or harmful.
• Misrepresent menu information, including prices, availability, or allergen and dietary details.
• Upload or transmit viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to, breach the security of, scrape, overload, or otherwise abuse the Service, its infrastructure, its bot protections, or its rate limits.
• Use the Service to infringe upon or violate the rights of others or to violate any applicable law or regulation.

6. Your content & ownership

You retain ownership of the menu content, text, and images that you upload or create using the Service ("User Content"). By submitting User Content, you grant MyMobileMenu a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content solely as necessary to operate and provide the Service to you — for example, to publish and serve your menu to diners.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to the content and images you upload, and that your User Content does not infringe or violate the rights of any third party.

7. Published menus are public

When you publish a menu, it becomes publicly accessible to anyone who has the link or scans the associated QR code. You are solely responsible for the accuracy of everything you publish, including prices, availability, and allergen or dietary information. Do not publish content you do not wish to make public.

8. AI-generated content disclaimer

The Service may offer AI-generated menu descriptions and related suggestions. AI-generated content is provided as a starting point and may be inaccurate, incomplete, or unsuitable for your menu. You are responsible for reviewing, verifying, and editing any AI-generated content before publishing it.

9. Dietary & allergen disclaimer

These Terms are a general agreement to use the Service. Dietary tags, allergen labels, and diner-facing filters are informational tools provided for convenience only and are not a guarantee of the dietary suitability or allergen content of any item. You are solely responsible for the accuracy of all allergen and dietary information you enter and publish.

Diners with food allergies or dietary restrictions should always confirm ingredients and preparation directly with the restaurant before ordering. To the fullest extent permitted by law, MyMobileMenu is not liable for any reliance placed on dietary or allergen information displayed through the Service.

10. Intellectual property

The Service, including its software, design, user interface, and branding, is owned by MyMobileMenu and is protected by intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, nothing in these Terms grants you any right, title, or interest in our intellectual property.

11. Third-party services

The Service relies on third-party providers, including for hosting, database storage, Google OAuth sign-in, AI text generation, email delivery, and bot protection. The availability, performance, and terms of those third-party services may affect the Service. We are not responsible for the acts or omissions of third-party providers, and your use of any third-party service may be subject to that provider's own terms.

12. Storage & usage limits

Reasonable storage limits, usage limits, and quotas may apply to your account. We may enforce rate limits and other technical safeguards to protect the integrity, security, and availability of the Service for all users.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your account or access to the Service if you violate these Terms, or for operational, security, or legal reasons. Upon termination, your menus may be unpublished and your associated data may be deleted. Provisions that by their nature should survive termination will survive.

14. Disclaimers of warranty

To the fullest extent permitted by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components.

15. Limitation of liability

To the maximum extent permitted by law, MyMobileMenu will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, revenue, or goodwill, arising out of or related to your use of, or inability to use, the Service. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid us, if any, in the twelve (12) months preceding the event giving rise to the claim — which, for an account that has not paid us anything, is $0.

16. Indemnification

You agree to indemnify, defend, and hold harmless MyMobileMenu and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your User Content, your use of the Service, or your violation of these Terms or any applicable law.

17. Changes to the service & terms

We may modify the Service or these Terms at any time. When we make material changes to these Terms, we will update the effective date above to reflect the latest version. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service.

18. Governing law & dispute resolution

These Terms are governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict-of-law rules. You agree that the exclusive venue and jurisdiction for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts.

19. Contact

If you have questions about these Terms, please contact us at support@mymobilemenu.com or through our contact page.