Terms and Conditions
These Terms and Conditions (the "Agreement") govern the use of all pages on this website and any services provided by SimpleMenu (the "Company," "we," or "us"). These Terms and Conditions represent the whole agreement between the Company and the individual or entity who subscribes to our Service(s) (the "Subscriber" or "you").
1. Assent and Acceptance
By using this Website, the Subscriber agrees to comply with all of the terms and conditions contained herein in full. If the Subscriber doesn't agree with any of the terms and conditions mentioned herein, the Subscriber must not use this Website.
2. Age Restriction
The Subscriber must be at least 18 year(s) of age to use this Website. By using this Website, the Subscriber represents and warrants that the Subscriber is at least 18 year(s) of age and may legally agree to this Agreement.
3. License to Use Website
The Company shall provide the Subscriber with certain information as a result of using this Website or its Services. Such information may include but is not limited to, documentation, data, or information developed by the Company and other materials that may assist the Subscriber in the use of the Website.
Subject to the terms and conditions contained herein in this Agreement, the Company authorizes the Subscriber a non-exclusive, limited, non-transferable, and revocable license to use the Company's materials solely in connection with its use of this Website.
4. Intellectual Property Rights
The Company owns all rights to the intellectual property and materials contained in this Website, and all such rights, titles, and interests are reserved. The Subscriber is provided a limited license only for the purpose of viewing the material contained on this Website. The Subscriber acknowledges that it won't use any intellectual property in a manner that violates any laws.
5. Privacy Information
While using this Website, the Subscriber may provide the Company with certain information. The Subscriber also authorizes the Company to use its information in the countries where the Company may operate.
5a. SMS and Phone Communications
If the Subscriber provides a phone number, the Subscriber consents to receive calls and text messages from the Company related to: account recovery, identity verification, subscription notifications, billing reminders, and renewal reminders. Message frequency varies, up to 4 messages per month. Message and data rates may apply. The Subscriber may opt out of text messages at any time by replying STOP, or get help by replying HELP. The Company does not use the Subscriber's phone number for marketing purposes and does not share it with third parties for their marketing purposes.
6. Subscriber Restrictions
The Subscriber is emphatically restricted from doing the following activities while using this Website:
(a) Publishing any of the Website content in any external media.
(b) Transferring usage rights or indulging in any monetary transaction against the Website.
(c) Damaging the Website in any form.
(d) Using this Website in any way that affects user access to this Website.
(e) Usage of Website against the laws and regulations of Washington.
(f) Using this Website to engage in any advertising or marketing.
(g) Extracting data or information while using this Website.
7. Subscriber Content
In this Agreement, the Subscriber Content shall mean any audio, video, text, images, or other materials the Subscriber chooses to publish on this Website. By publishing the content on this Website, the Subscriber authorizes the Company a non-exclusive, limited, non-transferable, and revocable license to use or reproduce the content in any media.
8. Subscriber Responsibility
Any user ID and password the Subscriber may have created for this Website are confidential, and it is the Subscriber's responsibility to safeguard its own ID and Password.
9. Data Loss
The Company does not accept responsibility for the security of the Subscriber's account or content. The Subscriber agrees to use the Website at its own risk.
10. Advertising Content
The Website may show advertisements for or links to third-party websites, products, and/or services ("Third-Party Ads"). The Company is not responsible for the availability of these Third-Party Ads or the images, content, or any other materials contained therein.
11. Support
The Company shall provide support under the following circumstances:
(a) Only a Website that is registered under the Company, unaltered by a third party, is eligible for support.
(b) Support during the term of the Agreement and assistance in updates, upgrades, and bug fixes during such term.
(c) Answer queries from the Subscriber regarding the operations of the Website, primarily via the Company's Support Portal and secondarily via telephone and e-mail.
(d) Use commercially reasonable efforts to correct any errors reported by the Subscriber and as confirmed by the Company.
(e) Use commercially reasonable efforts to respond to each reported error according to the Support Process section of the Company.
12. No Surreptitious Code
(a) The Company agrees that, to the best of its knowledge, the Website does not contain any hacking code or mechanism that collects personal information or maintains control of the system without the Subscriber's permission or such action which may restrict the Subscriber's access to or use of Company Data.
(b) The Subscriber warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorized access to Subscriber Data, or which may restrict Company's access to regulate the deliverables granted to the Subscriber.
13. Warranties
The Subscriber acknowledges and agrees that the submission of any information is at the Subscriber's sole risk, and to the maximum amount, the Company disclaims any and all liability to you for any loss or liability relating to such information in any way.
The Company makes no warranties that the Website or Service will be uninterrupted, error-free, or secure.
14. Termination
The Subscriber is free to stop using this Website or Services at any time. The Company reserves the right to terminate this Agreement at any time for any reason, with or without cause. The Company further reserves the right to terminate this Agreement if the Subscriber violates any of the terms outlined herein, including, but not limited to, violating the rights of the Company.
15. Arbitration
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be 1 arbitrator(s), who shall be appointed by SimpleMenu. The venue of arbitration shall be Washington, and the Seat shall be Washington. The arbitrators' decision shall be final and binding on both Parties.
16. Menu Content Disclaimer
The Company provides a platform that enables restaurant operators (Subscribers) to create and publish digital menus.
(a) Restaurant-Supplied Data. Allergen, ingredient, and pricing information displayed in menus is entered solely by the restaurant operator. The Company does not verify, validate, or independently confirm this data. Menu content may not reflect current ingredients, preparation methods, cross-contamination risks, supplier changes, or discrepancies between the prices shown on the platform and those charged at the point of sale. Individuals with food allergies or dietary restrictions should always confirm ingredient and allergen information directly with the restaurant before ordering. The Company expressly disclaims all liability for harm, injury, allergic reaction, financial loss, or other damage arising from reliance on restaurant-supplied menu content. The Subscriber, as the restaurant operator, assumes full responsibility for the accuracy and completeness of all menu data published through their account.
(b) Platform Performance. The Company uses commercially reasonable efforts to accurately display menu content as entered by restaurant operators and to keep it current. The Company does not disclaim responsibility for errors caused by its own software, including display bugs, filter malfunctions, or failure to reflect updates in a timely manner; any liability for such errors is subject to the limitation of liability set forth in Section 17.
(c) Audit Log. The Company maintains a timestamped audit log recording changes made to allergen data on each menu item, including the identity of the user who made the change and when it was made. This log may be used as a record of when specific allergen information was made available to guests. The Subscriber acknowledges this audit trail and agrees to keep its allergen data current and accurate on an ongoing basis, promptly updating menu items whenever ingredients, preparation methods, or suppliers change.
17. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability to the Subscriber for any claim arising out of or relating to this Agreement or the Services, whether in contract, tort, or otherwise, shall not exceed the amount of fees paid by the Subscriber to the Company in the twelve (12) months preceding the claim. This limitation applies to the platform performance issues addressed in Section 16(b) and is intended to work alongside the Company's insurance coverage for such claims. Nothing in this Section limits liability that cannot be limited under applicable Washington law.
18. Indemnification
The Subscriber hereby indemnifies and holds the Company harmless from and against any and all liabilities, legal claims, demands, damages, and expenses (including reasonable attorney's fees) arising out of or in any connection which may relate to: (a) the Subscriber's breach of this Agreement; (b) the Subscriber's use or misuse of the Website or Services; or (c) any claim, injury, or loss, including allergic reactions or other bodily harm, arising from the Subscriber's inaccurate, incomplete, or outdated allergen, ingredient, or menu data.
18a. Insurance Requirement
As a condition of subscribing to and continuing to use the Service, the Subscriber represents and warrants that it carries commercial general liability insurance covering its restaurant operations, including claims related to food allergies and foodborne illness, and agrees to maintain such coverage throughout the term of this Agreement. The Company may request reasonable evidence of such coverage at any time.
19. Notices
Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the mentioned address.
20. Severability
In the event any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.
21. Governing Law
This Agreement shall be governed following the laws of Washington. If the disputes under this Agreement cannot be resolved by arbitration, they shall be resolved by litigation in the courts of Washington, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
22. Entire Agreement
The Parties acknowledge that this Agreement sets forth and represents the agreement between both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.