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Terms of Service

Last updated: September 23, 2025

Welcome to Automenu!

These Terms of Service ("Terms") are a binding legal agreement between you and Automenu Inc. ("Automenu," "we," "our," or "us"). Please read them carefully.

1. Your Agreement to These Terms

By accessing or using our Services in any way, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

This is a legally binding contract. If you do not agree to all of these Terms, you may not use our Services.

  • For Restaurant Owners: Your use of our platform is also governed by our Platform Terms, which will provide additional details about subscriptions, data processing, and your responsibilities as a business owner.
  • Arbitration Notice: These Terms contain a mandatory Arbitration Agreement and a Class Action Waiver. This requires you to resolve disputes with us on an individual basis through arbitration, not through court proceedings or class actions. Please see Section 16 for details.

2. Our Services

Automenu provides a technology platform that helps restaurants connect with their customers. Our "Services" include:

  • Our corporate website, www.automenu.com ("Website").
  • The websites, online ordering systems, and applications we power for our Restaurant Partners.
  • An Automenu account ("Account") used by customers to manage their information across multiple restaurants, and by our Restaurant Partners and their authorized staff to access our platform services.
  • Our mobile applications ("Apps"), APIs, and developer tools.
  • Any related content, communications, and services that link to these Terms.

3. Important Disclaimers: We Are a Platform, Not a Restaurant or Delivery Service

Automenu is a technology provider. We do not prepare food, and we do not deliver it. We are not a restaurant, food delivery service, or food preparation business.

  • No Control Over Restaurants: We do not own, operate, or control any of our Restaurant Partners.
  • No Responsibility for Food: We are not responsible for the preparation, quality, safety, or delivery of any food or beverages offered by Restaurant Partners. All responsibility and liability for the food and its delivery rests solely with the Restaurant Partner.
  • No Responsibility for Third-Party Delivery: Many of our Restaurant Partners use third-party services like DoorDash Drive or Uber Direct to facilitate delivery. Automenu does not own, operate, or control these delivery services. We are not responsible for the actions or inactions of any delivery driver, the timeliness of the delivery, or the condition of your order upon arrival.
  • No Responsibility for Restaurant Programs: We are not responsible for any promotions, loyalty programs, rewards, contests, gift cards, or other offerings from our Restaurant Partners. The Restaurant Partner is solely responsible for setting the terms, managing, and fulfilling all obligations for these offerings, including the redemption of any points, rewards, cashback, or gift card balances. We do not endorse or guarantee any such programs or offerings and are not liable for any issues arising from them.
  • No Guarantee of Information: We do not guarantee the accuracy of menus, descriptions, prices, or other information provided by Restaurant Partners.

You agree that any legal claim or liability related to the food, services, delivery, promotions, programs, offerings, or operations of a Restaurant Partner will be brought directly against that Restaurant Partner, not against Automenu.

4. Who Can Use Our Services

You must be at least 18 years old and capable of entering into a binding contract to use our Services. By using our Services, you represent and warrant that you meet this requirement. The Services are intended for use in the United States.

5. Creating and Using Your Automenu Account

To access certain features, you may need to create an Automenu Account. This Account can be used in different ways depending on your role.

  • For Customers: Your Account allows you to sign in with any Restaurant Partner on our platform, view your order history across all connected restaurants, and manage your information. You can also choose to link or unlink your Account from specific Restaurant Partners and, with your consent, sync your information with their systems for features like loyalty programs, quick reordering, saved payment methods, and marketing communications.
  • For Restaurant Partners: If you are the authorized representative creating an account on behalf of a business, your Account is used to access and manage all of our platform services. You are responsible for all activity within your merchant account, including inviting and managing staff access. Your use of the platform services is also governed by our Platform Terms.
  • For Authorized Staff: If you are an employee or authorized user of a Restaurant Partner, you may be invited to create an Account that is linked to their merchant account. Your access to the platform services is granted and managed by the Restaurant Partner. Your use of the services is on behalf of the Restaurant Partner, and your activity on the platform is ultimately governed by the Platform Terms agreed to by the Restaurant Partner.

When creating any type of Account, you agree to:

  • Provide accurate and complete information.
  • Keep your account information updated.
  • Protect your password and keep it confidential.
  • Accept full responsibility for all activities that occur under your account.

6. Acceptable Use of Our Services

Your use of our Services must be lawful and in compliance with these Terms. You agree not to:

  • Use the Services for any illegal, fraudulent, or harmful purpose.
  • Infringe upon or violate the intellectual property rights or any other rights of anyone else.
  • Engage in any activity that is hateful, harassing, violent, or harmful to others.
  • Reverse engineer, decompile, or attempt to access the source code or underlying algorithms of the Services.
  • Scrape, crawl, or collect data from our Services using automated means without our prior written consent.
  • Damage, disrupt, or impair the functionality of the Services.

We reserve the right to determine whether a user is in violation of these Terms.

7. Content on Our Services

Our Services may allow you to submit, post, or share content, such as text, images, or reviews ("User Content").

  • Your Ownership: You retain ownership of any intellectual property rights that you hold in your User Content.
  • Our License to Your Content: When you upload User Content to the Services, you grant Automenu a worldwide, royalty-free, perpetual, and irrevocable license to use, host, store, reproduce, modify, create derivative works from, publish, display, and distribute that content. This license is for the limited purpose of operating, promoting, and improving our Services. You represent and warrant that you have the necessary rights to grant us this license.

8. Payments and Subscriptions

Certain parts of our Services are offered on a subscription basis.

  • Fees: You agree to pay all applicable fees and charges for the services you select.
  • Billing: You authorize us to charge your chosen payment method.
  • Price Changes: We reserve the right to change our prices. We will provide you with reasonable notice of any price changes by posting the new prices on our site or sending you an email.
  • Non-Refundable: All fees are non-refundable, except as required by law.

9. Intellectual Property Rights

The Services and all of their original content, features, and functionality (excluding User Content) are and will remain the exclusive property of Automenu Inc. and its licensors. Our name, logo, and trademarks may not be used without our prior written consent.

10. Copyright (DMCA) Policy

We respect intellectual property rights. If you believe your copyright has been infringed upon by content on our Services, please send a DMCA-compliant notice to copyright@automenu.com.

11. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Automenu. We are not responsible for the content, privacy policies, or practices of any third-party services. We strongly advise you to read the terms and privacy policies of any third-party websites you visit.

12. Termination

  • By You: You can stop using our Services at any time. To request the permanent deletion of your account, please contact us at support@automenu.com. For our Restaurant Partners, termination of a subscription is governed by the terms of that subscription.
  • By Us: We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for any reason, including for a breach of these Terms.

Provisions that by their nature should survive termination will do so, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. SMS Messaging and Phone Calls

By providing us with your phone number, you consent to receive communications from us or our Restaurant Partners, including via automated text messages and phone calls, for both transactional and marketing purposes. You can opt out of receiving marketing text messages at any time.

14. Indemnification

You agree to indemnify and hold Automenu, its affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

15. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY.

NO WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOMENU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL AUTOMENU'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

16. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States.

Binding Arbitration

You and Automenu agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, which will take place in San Francisco, California, except as set forth under "Exceptions to Arbitration" below. The arbitration will be administered by JAMS in accordance with their Streamlined Arbitration Rules.

Exceptions to Arbitration and Venue

For any exceptions to arbitration, such as claims for injunctive relief, you and Automenu agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

NO CLASS ACTIONS

YOU AND AUTOMENU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. General Terms

Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on this page. By continuing to use the Services after the changes become effective, you agree to the revised Terms.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction.

Severability & Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. A failure to enforce any right or provision will not be considered a waiver of that right.

No Joint Venture or Third-Party Beneficiaries

These Terms do not create any agency, partnership, or joint venture between you and Automenu. There are no third-party beneficiaries intended under these Terms.

Notices

Any legal notices or other communications provided by Automenu under these Terms will be given by posting to the Services or via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Export Laws

You agree to comply with all applicable U.S. export laws and regulations. You may not use, export, or re-export the Services in violation of such laws, including to any U.S. embargoed countries or to anyone on a U.S. Government list of prohibited or restricted parties.

Entire Agreement

These Terms, along with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and Automenu regarding the Services.

18. Notices for California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@automenu.com.