Terms of Service

1. Introduction and Acceptance of Terms

MenuPortal provides its Service subject to these Terms. If you do not agree to these Terms or are not authorized to bind your organization, you should refrain from accessing or using the Service. MenuPortal reserves the right to update or modify these Terms at any time, with notice of significant changes posted on our website or sent via email. Continued use of the Service after modifications constitutes acceptance of the updated Terms.

2. Eligibility

  • Minimum Age Requirement: You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or use the Service.
  • Authority and Representation: By using the Service, you affirm that you have the legal authority to agree to these Terms, either as an individual or as an authorized representative of a business or organization.

3. Account Registration and Security

To access the Service, you may be required to create an account, choosing a secure password and providing accurate, complete registration information. By doing so, you agree to:

  • Provide True Information: Ensure that all information you provide is accurate and up to date.
  • Maintain Account Security: You are responsible for maintaining the confidentiality of your account credentials and accept responsibility for all activities that occur under your account.
  • Notify of Unauthorized Use: If you become aware of unauthorized access or any breach of security, you must notify MenuPortal promptly.

MenuPortal is not liable for any losses or damages resulting from unauthorized access to your account due to your failure to maintain security.

4. Access and Usage Rights

4.1 Permitted Uses

  • Users may integrate the API's restaurant data into applications for internal or non-commercial development.
  • Commercial Use: For any commercial deployment, resale, or distribution of MenuPortal data, you must obtain prior written authorization from MenuPortal.. Unauthorized commercial use is strictly prohibited, particularly for users in the free sandbox or trial versions.

4.2 Data Restrictions and Prohibited Actions

  • Data Scraping: Extracting, scraping, or storing data from the Service outside of intended API interactions is prohibited.
  • Unlawful or Harmful Activities: Engaging in activities that violate any law, regulation, or the intellectual property rights of MenuPortal or third parties is prohibited.
  • Interference and Exploitation: Attempting to exploit, harm, or disrupt the Service, such as by using unauthorized APIs, software, bots, or other automated processes is prohibited.

MenuPortal reserves the right to monitor your usage and suspend or terminate access if prohibited activities are detected.

4.3 API Access Limits and Fair Use Policy

  • Rate Limits: Paid users are provided reasonable access limits but may encounter rate-limiting during periods of high demand to ensure stability for all users.
  • Sandbox Access: The free sandbox provides limited access to fictional data to facilitate testing and development. A paid subscription is required for access to real restaurant data.

4.4 Fees and Billing Terms

  • Subscription Plans: Users may select from various subscription plans. Fees for each plan are displayed at the time of purchase and are billed according to the selected subscription cycle (monthly, annually, etc.).
  • Plan Upgrades and Downgrades: Changing subscription levels may result in fee adjustments. Consult MenuPortal’s customer support for more information.

5. Term and Termination

5.1 Subscription Terms

  • Auto-Renewal: All subscriptions automatically renew at the end of each term unless canceled before the renewal date.
  • Termination by MenuPortal: MenuPortal may choose not to renew subscriptions or may terminate access at its discretion upon notice at the end of any term.

5.2 Long-Term Cancellation Terms

  • Multi-Month Plans: For subscriptions longer than 90 days, MenuPortal reserves the right to terminate the Service with 90 days' written notice. A prorated refund will be issued for any remaining, unused time.
  • Custom Arrangements: Custom or enterprise contracts may include unique termination terms, as outlined in each contract.

5.3 User-Initiated Termination

  • Users may cancel their subscription or account at any time; however, refunds are not provided for any prepaid term except under circumstances outlined in Section 6 regarding Service disruptions.

6. Service Reliability and Support

6.1 General Support

  • MenuPortal offers reasonable support for users but does not guarantee the availability of 24/7 support. Certain support tiers are available for enterprise customers with specific service agreements.

6.2 Service Disruptions

  • Compensation for Downtime: In the event of an API disruption lasting more than one business day, MenuPortal will issue credits to affected paid users. Credits are proportional to the amount of access time lost and apply toward the current subscription term.

6.3 Scheduled Maintenance

  • MenuPortal may schedule maintenance that affects Service availability. Users will receive advance notice when feasible. During scheduled maintenance, the Service may be temporarily unavailable.

7. Intellectual Property and Proprietary Rights

7.1 Ownership of the Service

  • MenuPortal retains all ownership and intellectual property rights in the Service, including software, API code, databases, documentation, trademarks, and logos. These rights are protected by intellectual property laws and international treaties.

7.2 Limited License

  • MenuPortal grants users a revocable, non-transferable, non-exclusive license to access and use the Service, as long as the usage aligns with these Terms.
  • Restrictions: Users may not modify, distribute, sublicense, or reverse engineer any aspect of the Service or its data without express permission from MenuPortal.

8. Privacy and Data Protection

MenuPortal collects, uses, and stores user data according to our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you agree to the collection and processing of personal data as outlined in the Privacy Policy. Users should:

  • Confidentiality: Respect the confidentiality of any non-public data accessed through the Service.
  • Compliance with Applicable Privacy Laws: Ensure compliance with all relevant privacy and data protection regulations.

9. Disclaimer of Warranties

  • “As-Is” Service: The Service is provided on an “as-is” and “as-available” basis. MenuPortal expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Accuracy: MenuPortal does not guarantee the accuracy, completeness, or reliability of the data provided.

10. Limitation of Liability

  • Maximum Liability: To the maximum extent permitted by law, MenuPortal’s liability shall be limited to the fees paid by the user in the six months preceding the claim.
  • Exclusion of Certain Damages: MenuPortal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, profits, or goodwill arising from or related to these Terms or your use of the Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless MenuPortal, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, unauthorized use of the Service, or violation of any third-party rights, including intellectual property rights.

12. Export Compliance

  • Compliance Requirement: Users agree to comply with all applicable laws, including export and import regulations, regarding the distribution and use of the Service and data. Users are responsible for determining the applicability of these laws.

13. Dispute Resolution and Governing Law

13.1 Governing Law

  • These Terms shall be governed by the laws of the jurisdiction in which MenuPortal operates.

13.2 Jurisdiction and Venue

  • Any disputes arising from or related to these Terms or the Service shall be resolved exclusively in the courts of this jurisdiction.

13.3 Alternative Dispute Resolution

  • For certain disputes, you and MenuPortal may agree to pursue mediation or arbitration. Alternative dispute resolution methods are encouraged to resolve matters efficiently.

14. Miscellaneous Provisions

14.1 Entire Agreement

  • These Terms, including any incorporated documents, represent the entire agreement between you and MenuPortal regarding the use of the Service.

14.2 Severability

  • If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions shall remain in effect.

14.3 No Waiver

  • The failure of MenuPortal to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce that provision or any other provision.

14.4 Assignment

  • You may not assign your rights or obligations under these Terms without MenuPortal’s prior written consent. MenuPortal may assign its rights and obligations at its discretion.

15. User Responsibilities and Acceptable Use Policy

  • Compliance with Laws: Users are responsible for ensuring their use of the Service complies with all applicable laws and regulations, including intellectual property and data protection laws.
  • Account Conduct: Users must respect system stability, not share login credentials with unauthorized parties, and refrain from activities that would harm MenuPortal’s operations.

16. API Key Management and Security

  • API Key Confidentiality: Users are responsible for securely managing their API keys and will be held accountable for any actions taken with their keys.
  • Revocation: MenuPortal reserves the right to revoke or suspend API keys if a user violates the Terms or misuses the Service.

17. Data Ownership and User Content

  • User-Provided Data: If users submit, upload, or provide data via the Service (e.g., for testing or analytics), they retain ownership but grant MenuPortal a limited, revocable license to use the data to operate and improve the Service.
  • Compliance and Data Deletion: MenuPortal’s procedures for data deletion and compliance if a user requests deletion or upon termination of the Service.

18. Third-Party Services and Integrations

  • Third-Party Dependencies: MenuPortal is not responsible for the reliability, functionality, or availability of third-party services that the Service relies on.
  • User Responsibility: Users may be responsible for complying with any additional terms imposed by third-party services if they integrate with them through MenuPortal.

19. Force Majeure

  • Uncontrollable Events: MenuPortal is not liable for delays or failures in Service delivery due to events beyond its control, such as natural disasters, internet outages, or governmental actions.

20. Beta Features

  • Experimental Access: Beta features or pre-release services are provided as-is, may contain bugs, and are subject to change. Users acknowledge that beta features may not be fully supported.

21. Notice and Communication

  • Contact Method: MenuPortal will communicate important notices to users through email, dashboard notifications, or the website. Users should keep their contact information current.
  • User Communications: MenuPortal has the right to use suggestions or feedback provided by users to improve the Service.