Terms of Service

3. Account Creation and Use

Account Creation and Eligibility

To access and use the Service, you must create an Account. Currently, account creation requires a valid email address, which we will verify. You must be at least 18 years old and have the legal capacity to enter into a binding agreement to create an Account and use the Service. If you are creating an Account on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms.

Account Information

You agree to provide accurate, current, and complete information during the Account creation process and to keep your information updated. While we currently only require an email address for initial registration, we reserve the right to request additional information in the future, including but not limited to your name, business name, address, phone number, and other contact or business details. We will notify you of any changes to the required Account information. Any information you provide to us will be handled according to our privacy policy.

Payment Information (Stripe)

To activate your Subscription and access the full features of the Service, you will be required to provide payment information through our third-party payment processor, Stripe. You agree to Stripe's terms of service and privacy policy, which govern the processing of your payment information. We do not directly collect or store your full credit card details. You are responsible for ensuring that your payment information is accurate and up-to-date.

Account Security

You are responsible for maintaining the confidentiality of your Account credentials (including your email address and any passwords you may set). You agree not to share your Account credentials with any third party or allow unauthorized access to your Account. You are solely responsible for all activities that occur under your Account, whether or not you authorized those activities. You must immediately notify us of any unauthorized use of your Account or any other breach of security.

Account Suspension and Refusal

We may suspend or refuse services to you if we believe your Account details and use don't comply with our policy and terms of service.

Account Termination

You can delete your Account at anytime by contacting us at [email protected]. Doing so will delete all information we have about you and your business.

Prohibited Account Activities

You agree not to:

• Use a false email address or impersonate another person or entity when creating an Account.
• Attempt to circumvent any security measures or access restrictions related to the Service.
• Use your Account for any illegal or unauthorized purpose.

4. Service Description and AI Usage

Service Overview

Instant QR Menu provides a Software-as-a-Service (SaaS) platform that enables restaurants, bars, cafes, and other food and beverage businesses to quickly and easily create digital, online versions of their menus ("Menu Sites"). Our Service includes the following key features:

• AI-Powered Menu Digitization: Our core technology utilizes artificial intelligence (AI) to automatically convert your uploaded printed menu (e.g., a photograph or scan of your physical menu) into a digital format.
• Automated Menu Site Creation: Based on the digitized menu data, the Service automatically generates a mobile-friendly Menu Site, eliminating the need for manual data entry or complex website building.
• Customizable Menu Templates: We offer a variety of professionally designed menu templates (themes) that you can choose from to match your brand and aesthetic. You can customize the appearance of your Menu Site.
• Menu Editing and Management: You have the ability to review, edit, and update your Menu Site after it has been generated by the AI, allowing you to correct any inaccuracies, add new items, change prices, and manage your menu content.
• QR Code Generation: The Service automatically generates a unique QR code that links directly to your Menu Site. You can download and print this QR code for use in your physical establishment, allowing customers to easily access your online menu by scanning it with their smartphones.
• Menu Hosting: We host your Menu Site on our servers on a folder path at OnlineMenu.ai website for the duration of your active Subscription.

AI Usage and Limitations

Our AI Technology is designed to streamline the menu digitization process. However, it is important to understand the following:

• Accuracy: While we strive for a high level of accuracy, the AI's interpretation of your uploaded menu may not be perfect. Factors such as image quality, font styles, menu layout complexity, and handwritten text can affect the AI's performance.
• User Review and Editing Required: You are solely responsible for reviewing and verifying the accuracy of the AI-generated menu content. We strongly recommend that you carefully check all menu items, descriptions, prices, and other details before making your Menu Site live. You must use the provided editing tools to make any necessary corrections or additions.
• No Guarantee of Perfect Results: We do not guarantee that the AI will perfectly digitize your menu in all cases. We are not responsible for any errors, omissions, or inaccuracies in the AI-generated content.
• Continuous Improvement: Our AI Technology is constantly being improved and updated. However, we make no representations or warranties about the future performance or functionality of the AI.

Service Availability

We strive to maintain a high level of service availability. However, we do not guarantee that the Service will be uninterrupted or error-free. We may occasionally perform scheduled maintenance or experience unexpected downtime. We will make reasonable efforts to minimize any disruptions to the Service.

5. Subscription, Pricing, and Payment

Subscription Model

Access to the Instant QR Menu Service and hosting of your Menu Site requires a paid subscription ("Subscription"). We offer various Subscription plans, which may include monthly or annual billing options. The specific features and limitations of each Subscription plan are detailed on our pricing page.

Pricing

The current pricing for each Subscription plan is displayed on our pricing page. We reserve the right to change our pricing at any time. We will provide you with at least 30 days' notice of any price changes that affect your existing Subscription. Notice will be provided via email to the address associated with your Account, or by posting a notice on our website. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified Subscription fee.

Payment Method

All Subscription fees are processed through our third-party payment processor, Stripe. You must provide valid and up-to-date payment information to Stripe to activate and maintain your Subscription. By providing your payment information, you authorize Stripe to charge your designated payment method for the applicable Subscription fees on a recurring basis.

Automatic Renewal

Your Subscription will automatically renew at the end of each billing period (monthly or annually, depending on your chosen plan) unless you cancel it prior to the renewal date. You are responsible for managing your Subscription and canceling it if you no longer wish to use the Service.

Cancellation

You may cancel your Subscription at any time through Stripe by clicking the "Billing" link at your Account settings on the Instant QR Menu website. Your cancellation will take effect at the end of your current billing period. We do not provide refunds for partial billing periods. For example, if you cancel a monthly subscription mid-month, you will not receive a refund for the remaining days of that month, but your access to the Service will continue until the end of the month. If you cancel an annual subscription, you will not receive a refund of the current year and your subscription will end when the year purchased ends.

Non-Payment

If your payment method is declined or your payment fails for any reason, you will have a grace period of 7 days to update your payment information and resolve the issue. If payment is not received within the grace period, we reserve the right to suspend or terminate your access to the Service and remove your Menu Site from our servers.

Taxes

All Subscription fees are exclusive of any applicable sales, use, value-added, or other taxes. You are responsible for paying all such taxes, levies, or duties imposed by taxing authorities.

Refund Policy

We do not offer refunds for Subscription fees, except as required by applicable law. We encourage you to carefully review our pricing and features before purchasing a Subscription. If you believe you are entitled to a refund under applicable law, please contact us at [email protected].

6. Intellectual Property

Our Intellectual Property

The Service, including but not limited to the Instant QR Menu websites (instantQRmenu.com and OnlineMenu.ai), software, AI Technology, algorithms, user interface, design, logos, trademarks, service marks, trade names, and all content and materials provided by us (excluding User Content, as defined below), are our exclusive property of or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Greece and international treaties.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for the purpose of creating and managing your Menu Site, subject to these Terms. This license does not grant you any ownership rights in the Service or any of our intellectual property.

You agree not to:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any of our intellectual property.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service or any of its components.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Service.
• Use our trademarks, service marks, or logos without our prior written consent.

User Content

As stated in Section 7 (User Content and Responsibilities), you retain ownership of your Content. The license you grant to us in Section 7 allows us to use your Content to provide the Service. We do not claim any ownership rights in your Content.

Copyright Infringement (DMCA Notice - Optional but Recommended)

If you believe that any content on the Service infringes your copyright, you may submit a notice of claimed infringement to us.

Your notice must include the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an e-mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. User Content and Responsibilities

Your Content

"Content," as defined in these Terms, refers to all information, data, text, images, graphics, and other materials that you upload, submit, or otherwise provide to the Service in connection with your use of Instant QR Menu. This includes, but is not limited to, your printed menu, menu item descriptions, prices, photographs of food, logos, and any other information related to your business.

Ownership and License

You retain all ownership rights in your Content. By submitting Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works of your Content solely for the purpose of providing the Service. This includes, but is not limited to, using your Content to generate your Menu Site, display your menu to customers, and improve our AI Technology. This license does not give us ownership of your Content.

Your Responsibilities

You are solely responsible for your Content and the consequences of submitting it to the Service. You represent and warrant that:

• (a) Ownership/Rights: You own or have all necessary licenses, rights, consents, and permissions to use and authorize us to use your Content as described in these Terms. This includes, but is not limited to, copyright, trademark, and any other intellectual property rights.
• (b) Accuracy: Your Content is accurate, complete, and up-to-date. You are responsible for ensuring that your menu items, descriptions, prices, allergen information, and any other information displayed on your Menu Site are correct and comply with all applicable laws and regulations.
• (c) Legality: Your Content does not violate any applicable laws or regulations, including but not limited to food safety regulations, advertising laws, consumer protection laws, and intellectual property laws.
• (d) Prohibited Content: Your Content does not contain any material that is:
  • Unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Infringing upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • False, misleading, or deceptive.
  • Contains any viruses, worms, or other malicious code.
• (e) Compliance: Your Content complies with any local, state, federal or international Law or Regulation applicable, including the food and safety regulations, alergen and nutritional information, and others.

Content Removal

We reserve the right, but have no obligation, to review, monitor, edit, or remove any Content that we determine, in our sole discretion, violates these Terms, is otherwise objectionable, or may harm the Service or our users. We are not responsible for any loss or damage resulting from the removal of Content.

Content Backup

While we take reasonable measures to protect your Content, we are not responsible for any loss or damage to your Content. You are encouraged to maintain your own backup copies of your Content.

8. Prohibited Conduct

You agree that you will not, and will not permit any third party to, engage in any of the following prohibited conduct in connection with your use of the Service:

• (a) Illegal Activities: Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law, regulation, or ordinance.
• (b) Infringement: Infringe upon or violate the intellectual property rights (including copyright, trademark, patent, or trade secret) of us or any third party. This includes, but is not limited to, unauthorized copying, distribution, or modification of the Service or any content.
• (c) Harmful Content: Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• (d) Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• (e) Interference: Interfere with or disrupt the operation of the Service or the servers or networks connected to the Service. This includes, but is not limited to, introducing viruses, worms, or other malicious code, or attempting to gain unauthorized access to any part of the Service.
• (f) Circumvention: Attempt to bypass or circumvent any security measures or access restrictions implemented by the Service.
• (g) Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any of its components.
• (h) Scraping: Use any automated means, including robots, spiders, or scrapers, to access, collect, or download data from the Service without our express written permission.
• (i) Spamming: Use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
• (j) Account Misuse: Share your Account credentials with any third party.
• (k) Resale: Resell, lease, rent, or sublicense access to the Service without our prior written consent.
• (l) Competitive Activities: Use the Service to develop, promote, or market any product or service that is competitive with the Service.
• (m) Data Mining: Use the Service for any data mining, data harvesting, data extracting, or any other similar activity, except as expressly permitted by these Terms.
• (n) Violation of Terms: Violate any other provision of these Terms.

We reserve the right to investigate and take appropriate action, including but not limited to suspending or terminating your Account and reporting you to law enforcement authorities, if we believe you have engaged in any prohibited conduct.

Termination by Us (With Cause)

We may terminate or suspend your Account and your access to the Service, with or without notice, and without liability to you, if we determine, in our sole discretion, that:

• You have violated any provision of these Terms.
• You have engaged in any prohibited conduct as described in Section 8.
• Your use of the Service poses a security risk to the Service or any third party.
• You have failed to pay any Subscription fees when due.
• We are required to do so by law.

Termination by Us (Without Cause)

We may also terminate your Account and your access to the Service for any reason or no reason. In such cases, if you have a pre-paid Subscription, we will provide a pro-rata refund for the unused portion of your Subscription period.

Termination by You

You may terminate your Account at any time by following the cancellation procedures in your Account settings on the Instant QR Menu website. Your termination will be effective as described in Section 5 (Subscription, Pricing, and Payment).

Effect of Termination

Upon termination of your Account, for any reason:

• Your right to access and use the Service will immediately cease.
• Your Menu Site will be deactivated and removed from our servers. We are not responsible for any loss of data resulting from the termination of your Account.
• Any outstanding Subscription fees will become immediately due and payable.
• We may, but are not obligated to, delete your Content from our systems.
• The following sections of these Terms will survive termination: 6 (Intellectual Property), 7 (User Content and Responsibilities - specifically the license granted to us), 10 (Disclaimers and Limitations of Liability), 11 (Indemnification), 13 (Governing Law and Dispute Resolution), and 15 (Contact Information).

Suspension

In addition to termination, we may suspend your Account and your access to the Service temporarily, with or without notice, if we believe you have violated these Terms or engaged in any prohibited conduct. During a suspension, your Menu Site may be unavailable, and you may not be able to access your Account. We will make reasonable efforts to notify you of the reason for the suspension and the steps you can take to restore your Account, if applicable.

10. Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. INFORMATION NETWORK GROUP E.E. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY: ANY IMPLIED WARRANTY OF MERCHANTABILITY.
• FITNESS FOR A PARTICULAR PURPOSE: ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
• NON-INFRINGEMENT: ANY IMPLIED WARRANTY OF NON-INFRINGEMENT.
• ACCURACY OF AI: ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AI-GENERATED MENU CONTENT OR THE SERVICE.
• UNINTERRUPTED SERVICE: ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. SPECIFICALLY, WE DO NOT GUARANTEE ANY LEVEL OF UPTIME FOR THE SERVICE. SERVER DOWNTIME MAY OCCUR DUE TO A VARIETY OF REASONS, INCLUDING BUT NOT LIMITED TO: (i) SCHEDULED OR UNSCHEDULED MAINTENANCE BY US OR OUR THIRD-PARTY SERVICE PROVIDERS (SUCH AS OUR HOSTING COMPANY); (ii) NETWORK OUTAGES OR ISSUES OUTSIDE OF OUR CONTROL; (iii) SOFTWARE BUGS OR ERRORS; (iv) HARDWARE FAILURES; AND (v) OTHER UNFORESEEN CIRCUMSTANCES. WHILE WE WILL MAKE REASONABLE EFFORTS TO MINIMIZE DOWNTIME AND RESTORE SERVICE PROMPTLY, WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM SERVICE INTERRUPTIONS, REGARDLESS OF THE CAUSE OR DURATION.
• User Generated Content. WE ARE NOT RESPONSIBLE TO ANY CONTENT GENERATED BY THE USERS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR RELATING TO:

• YOUR USE OF OR INABILITY TO USE THE SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE;
• ANY DOWNTIME OR SERVICE INTERRUPTIONS, AS DESCRIBED ABOVE;
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Information Network Group E.E., its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• (a) Your Use of the Service: Your access to or use of the Service, including but not limited to any actions taken by you or any person using your Account.
• (b) Your Content: Your Content, including but not limited to any claim that your Content infringes the intellectual property rights or other rights of any third party, or violates any applicable law or regulation.
• (c) Your Violation of These Terms: Your breach of any provision of these Terms.
• (d) Your Violation of Third-Party Rights: Your violation of any rights of any third party, including but not limited to any intellectual property rights, privacy rights, or publicity rights.
• (e) Your Negligence or Willful Misconduct: Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claim without our prior written consent.

12. Privacy Policy Reference

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference, for information about how we collect, use, and disclose your personal information. You can find our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

13. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Greece, without regard to its conflict of laws principles.

14. Changes to Terms of Service

We reserve the right to modify or update these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will provide you with notice of such changes, which may include:

• Posting a notice on the Instant QR Menu website (instantQRmenu.com).
• Sending an email to the email address associated with your Account.
• Providing an in-app notification within the Service.

The updated Terms will be effective as of the date indicated in the notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your Account. It is your responsibility to review these Terms periodically for any updates.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

• Email: [email protected]

We will make reasonable efforts to respond to your inquiries in a timely manner.