Subscription Terms

These Subscription Terms are the agreement between That Menu App, LLC ("That Menu App", "we", "us") and the business that subscribes to That Menu App ("you", "your restaurant", "the operator").

They cover the paid service. Our Terms of Use cover use of our websites generally. Our Privacy Policy explains how we handle personal information. If these Subscription Terms and the Terms of Use say different things about your subscription, these Subscription Terms apply.

Please read the section headed Automatic renewal before you subscribe.

1. What we provide

That Menu App is an online service that lets a restaurant:

• keep its menus, dishes, prices, recipes, ingredients and allergen records in one place;
• publish a menu that guests can read on their phones, including by scanning a code;
• let guests filter a published menu by the dietary and allergen information the restaurant has entered;
• use add-on modules it has chosen, such as team training, an order pad, analytics, supplier tools, wallboards or scheduling.

Your subscription gives you the plan and add-on modules shown in your order summary, for the number of locations shown there, for as long as the subscription stays active.

2. Plans, add-ons and setup services

Plans. We currently offer two plans:

• Essentials — the base plan, priced per location. Add-on modules can be added to it.
• All-Access — includes every add-on module we offer, priced per location.

Add-on modules are priced per location. They are billed as often as your plan is billed.

White-Glove Setup is an optional one-time service. (We use "White-Glove Setup" as the name of the service. It means hands-on help from our team to build your first menu system.) Our team enters your menus from the materials you send us. Any allergen record we enter for you is not shown to guests as confirmed until a person at your restaurant confirms it. The service is charged once, at the time you order it, and is not part of the recurring fee.

Locations. Fees are charged for each location covered by your subscription. To add a location, contact us at legal@thatmenuapp.com and we will quote and add it. You cannot add a location yourself yet.

The exact plan, modules, locations and prices that apply to you are the ones shown in your order summary when you subscribe, and afterwards in Billing & plan in your account.

3. Your account

Who can sign up. You must be a business, or a person acting for a business, that serves food to the public. You must be at least 18 years old and able to enter into a contract for the business.

Account owner. The person who creates the account is the account owner. The account owner can name one billing delegate. Only the owner and the billing delegate can update payment details or cancel. To change your plan, ask us at legal@thatmenuapp.com and we will make the change for you.

Keep it accurate. You must give us accurate contact and billing details and keep them current. We send notices about your subscription to the contact email on the account. A notice we send to that address counts as delivered.

Keep it secure. You are responsible for everything done through your account and by the staff you invite. Keep sign-in details private, and tell us at once if you think your account has been misused.

4. Your responsibilities as the operator

Because guests rely on the menu information you publish, you agree that:

• You are the source of your menu and allergen information. Everything guests see about a dish comes from records your restaurant enters and maintains. That includes its ingredients, its allergens, and whether that information has been confirmed. You are responsible for their accuracy.
• The allergens shown for a dish are only those you record directly against that dish. They are not worked out from the dish's recipe or ingredient list. If you do not record an allergen against a dish, guests will not see it there.
• You keep it current. When a recipe, supplier, ingredient or preparation method changes, you update your records and confirm the affected dishes again.
• You confirm before you publish. A dish shows as confirmed only because a person at your restaurant confirmed its allergen record. Do not mark a dish confirmed unless someone with knowledge of how it is prepared has checked it.
• You train your staff. You are responsible for training your staff to answer guests' allergen questions, to handle allergen requests safely, and to know that a filtered menu is the start of a conversation and does not mean a dish is safe for a guest.
• You answer your guests. Guests are told to confirm their needs with your staff before ordering. Your staff must be able to do that.
• You follow the law. You are responsible for complying with food-safety, allergen-disclosure, labeling, consumer, employment and privacy laws that apply to your restaurant, including any written-disclosure rules in your state.
• You have the rights to what you upload. Photos, logos, text and other content you add to That Menu App must be yours to use.
• You handle your staff's and guests' information properly. Section 10 explains how.

5. Fees, billing and taxes

What you pay. You pay the recurring fee for your plan, modules and locations, plus any one-time fee for White-Glove Setup. Your billing period is monthly, quarterly or yearly, whichever you chose.

When you pay. The first payment is taken when you subscribe. Each renewal payment is taken on the first day of the new billing period.

How you pay. We use a third-party payment processor. You give your card or other payment details to the processor, not to us. We never see or store your full card number. By subscribing, you allow the processor to charge your payment method for every recurring and one-time fee under these terms.

Invoices. Your invoices and billing history are available from Billing & plan in your account, which opens our payment processor's billing portal.

Late or failed payment. If a payment fails, you will see a notice in Billing & plan in your account, and our payment processor emails you directly about the failure. You have 30 days from the failed payment to fix it. During those 30 days your service continues. If the payment is still unpaid after 30 days, we may suspend the service until it is paid, and then cancel the subscription.

Taxes. Prices are shown without sales, use or similar taxes. We do not currently collect any tax on your subscription. If we become required to collect one, we will add it to your price, tell the account owner before the first charge that includes it, and show it before you pay or on your invoice. You are responsible for any tax we are not required to collect.

Promotion codes. A promotion code applies only as described in its offer. Enter your code on the payment form. A code that is not entered there is not applied. When a code gives you a discount for a limited time, the full price applies from the first renewal after the offer ends.

Currency. All prices are in US dollars.

6. Automatic renewal

Your subscription renews automatically. At the end of each billing period, your subscription renews for another billing period of the same length. Your billing period is one month, three months or one year, whichever you chose. When it renews we charge your payment method the fee that applies at that time for your plan, modules and locations, plus any tax we are then required to collect. This continues until you cancel.

Free trial. We do not offer a free trial. You are charged for the first billing period when you subscribe.

Renewal price.

• Yearly billing — price lock. If you subscribe on yearly billing, the price of the plan and modules active at signup stays the same at every renewal, as long as your subscription stays active and your payments are up to date. A new module or location you add later is charged at the price shown when you add it. If you cancel and later subscribe again, the lock does not carry over.
• Monthly and quarterly billing. We may change the price for your next billing period. If we do, we will email you at least 30 days before the renewal that carries the new price, so you can cancel before it is charged.

How to cancel. You can cancel at any time:

1. Sign in as the account owner or billing delegate, open Billing & plan, and choose Cancel subscription. This opens our secure billing portal, where you confirm; or
2. Email legal@thatmenuapp.com from the contact email on the account, with your restaurant name and the word "cancel". We will schedule the cancellation and confirm within two business days.

When cancellation takes effect. Cancellation takes effect at the end of the billing period you have already paid for. You keep the service until then. No further charges are made after that date.

Reminder. For yearly subscriptions, we email you a reminder between 15 and 45 days before the renewal date. We send it 30 days before. It states the amount and date of the next charge and how to cancel.

7. Refunds

• Unused time. We do not refund the unused part of a billing period. If you cancel, you keep the service until the billing period ends.
• A charge after you cancelled. If we charge you after your cancellation had already taken effect, we will refund that charge in full, whenever you tell us.
• A duplicate charge. If you are charged twice for the same billing period, tell us within 60 days of the charge and we will refund the duplicate in full.
• White-Glove Setup. The one-time fee is refundable in full if you cancel the service before we begin work on your materials. Once work has begun, it is not refundable.
• How to ask. Email legal@thatmenuapp.com from the contact email on the account. Refunds go back to the payment method that was charged. We process refunds by hand through our payment processor, normally within five business days of agreeing one.

8. Acceptable use

You must not:

• use That Menu App for anything unlawful, or publish menu content that is false, misleading or infringes anyone's rights;
• publish allergen information you know, or should know, is inaccurate;
• try to get around limits on your plan, access another restaurant's account or data, or interfere with the service;
• copy the service, resell it, give others a license to it, or take it apart to work out how it is built, or use it to build a competing product;
• send spam, malware or abusive content through the service;
• use automated tools to scrape or bulk-download the service beyond what your account features allow.

We may suspend an account that breaks these rules. Where it is safe to do so, we will tell you first and give you a chance to fix the problem.

9. Your content and data

You own your content. Your menus, dishes, recipes, prices, ingredient and allergen records, photos, logos and other material you enter ("your content") belong to you.

What we can do with it. You give us permission to store, copy, display, translate and process your content as needed to run the service for you. For example, to publish your menu to guests, to show it in the languages a guest chooses, and to make backups. We do not sell your content or use it to advertise to your guests.

Translations. When a guest chooses another language, your menu text is machine-translated. You are responsible for the original text. We do not guarantee the translation. Safety wording shown to guests is not machine-translated.

Logo use. We will show your restaurant's name or logo in our own marketing only if you tell us at signup that we may, or tell us later by emailing legal@thatmenuapp.com.

Personal information. Personal information about your staff and your guests is handled as described in our Privacy Policy and in section 10.

Service data. We may keep and use information about how the service is used, in a form that does not identify your restaurant or any person, to run and improve the service.

10. Staff and guest information

Your staff. You may enter names, contact details and work records for your employees, and invite them to use the service. You are responsible for having the right to enter that information and for telling your staff how it is used. We use it only to provide the service to you.

Your guests. Guests read your published menu directly with us. If a guest saves dietary or allergen preferences, those preferences belong to the guest's own account with us and are not shared with your restaurant. There is one exception: anything a guest types into an order's special instructions is passed to you as written, and guests often write allergy notes there. If a guest sends you an order request, reservation or similar through the service, we pass to you what the guest chose to send, and you must handle it under your own privacy obligations.

Allergen incidents. If you record an allergen incident, keep it factual and record only what you need. Do not record medical details beyond what is needed to describe what happened.

Requests from people. If a guest or employee asks us to see, correct or delete information you entered, we may direct the request to you or act on it with you.

11. Availability, support and changes

Availability. We aim to keep the service available around the clock. We do not promise it will be uninterrupted or error-free. We may take the service down for maintenance, and we will try to give notice for planned maintenance.

Backups. We back up the service regularly. You should still keep your own copy of any material you cannot afford to lose.

Support. Support is by email at legal@thatmenuapp.com. We aim to answer within two business days.

Changes to the service. We add, change and sometimes remove features. If we remove a feature that is part of the plan or module you pay for, or make a change that significantly reduces what you get, we will tell you at least 30 days in advance. You may cancel before the change takes effect and receive a refund of the part of any prepaid fee that covers the time after the change.

12. Disclaimers

Plainly: we provide software, and you provide the information in it.

The service is provided "as is". Except as stated in these terms, we make no promises about the service. That includes any promise that it will meet your needs, be error-free, or be available at any particular time. We disclaim all implied warranties, including merchantability and fitness for a particular purpose, to the extent the law allows.

Allergen information. That Menu App is a tool for communicating your restaurant's own allergen records to your guests. It does not itself determine what a dish contains. The allergens shown for a dish are only those you record directly against that dish. They are not worked out from the dish's recipe or ingredient list. We do not prepare food, inspect kitchens, test dishes, or verify recipes. The way a dish is actually prepared and served is under your control. You are responsible for that information and for how your kitchen handles allergens. We show guests a notice that filtering a menu does not mean a dish is safe for them, and that they must confirm their needs with your staff before ordering. That notice does not transfer your responsibility to us.

Third-party services. Payment processing, hosting, email delivery and translation are provided by third parties. We are not responsible for their outages or errors beyond what section 11 says.

13. Limitation of liability

To the extent the law allows:

• We are not liable for indirect losses. That means lost profits, lost revenue, lost data, lost goodwill or business interruption arising from the service or these terms, however they arise.
• Our total liability to you for everything arising from the service or these terms, in any twelve-month period, is limited to the fees you paid us in that period.
• Allergen and food-safety claims. We are not liable for any injury, illness or loss suffered by a guest that results from allergen or ingredient information your restaurant entered, failed to enter, failed to update, or failed to confirm, or from how a dish was prepared or served.

These limits do not apply to anything the law does not let us limit, or to our fraud or intentional misconduct.

Your responsibility to us. You will compensate us for claims, losses and reasonable legal costs that arise from your breach of these terms, from your content, or from a guest's or employee's claim relating to the accuracy of your menu or allergen information or the way your restaurant handled it.

14. How long these terms apply and how they end

How long they apply. These terms apply from the day you subscribe until your subscription ends.

Ending it yourself. Cancel as described in section 6. Your subscription ends at the end of the billing period you have paid for.

Ending it by us. We may suspend or end your subscription if you break these terms and do not fix the breach within 14 days of our notice, if a payment is more than 30 days overdue, or if we must do so to comply with the law or protect the service or other customers. We may also stop offering the service altogether on at least 90 days' notice. If we do, we refund any prepaid fee for the time after the service ends.

What happens to your menu data when the subscription ends.

• Your published menus stop being shown to guests on the day the subscription ends.
• For 30 days after that day you may ask us, by email to legal@thatmenuapp.com, for a copy of your menu, dish, recipe and allergen records in a common file format. In the same 30 days you may instead restart your subscription with your data intact. We prepare the copy by hand and send it within ten business days of your request.
• After those 30 days we delete your content and your account, or remove anything that identifies you or your restaurant. Three things are kept: copies in routine backups, which expire on their own schedule; invoices and records we must keep by law; and records of allergen confirmations and incidents, which we keep for the period stated in our Privacy Policy because they may be needed for safety or legal reasons.

Sections 9, 10, 12, 13, 14, 15 and 16 continue to apply after the subscription ends.

15. Governing law and disputes

The state whose law governs these terms, and the courts where a dispute would be heard, are to be confirmed. We will state them in this section, and email the account owner, before we rely on them. Until then, nothing in this section limits where you may bring a claim.

Before either of us starts a claim, we agree to try to resolve the dispute by talking to each other in good faith for 30 days.

16. Changes to these terms

We may update these terms. If a change reduces your rights or increases your obligations, we will email the account owner at least 30 days before it takes effect, and it will apply from your next renewal after that date. If you do not agree, cancel before the change takes effect. Other changes take effect when we post the updated terms with a new "Last updated" date. The current version is always at thatmenuapp.com/subscription-terms.

17. General

• These terms, your order summary, the Terms of Use and the Privacy Policy are the whole agreement between us about the subscription.
• If any part of these terms cannot be enforced, the rest still applies.
• You may not transfer your subscription to someone else without our written consent, except to a buyer of your restaurant who takes over the account. We may transfer these terms to a successor of our business.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• Our failure to enforce a term is not a waiver of it.

18. Contact

That Menu App, LLC PO BOX 803, Keller, TX 76244, United States Email: legal@thatmenuapp.com