Terms and Conditions

The following are terms of a legal agreement between you and NeatMenu. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.

I. Introduction

Definitions

NeatMenu is a digital menu platform available on the domain neatmenu.io, which provides venue owners the ability to create, manage, and display digital menus for their locations. The service ("Service", “Platform”) is owned and operated by NeatMenu. ("NeatMenu," "we," "us," or "our"). By using the service, the user ("you," "your," or "user") agrees to be bound by these Terms and Conditions.

Platform users ("Platform users", “users”) are authorized representatives of a venue or other establishment, such as owners, managers, or employees, who have registered for a NeatMenu account to create, manage, and display digital menus for their location. Platform users have access to the full range of features and services provided by NeatMenu, subject to their selected subscription plan and compliance with these Terms and Conditions.

Public website visitors ("visitors") are individuals who access and view the digital menus on NeatMenu without registering for an account. Public website visitors can access and view the digital menus created by platform users, but do not have access to the full range of features and services available to platform users. Public website visitors are not required to register or provide any personal information to view the digital menus, but they must comply with any applicable terms and conditions while accessing and using the NeatMenu service.

Acceptance of Terms and Conditions

By accessing or using NeatMenu, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not access or use the service. Your continued use of the service constitutes your acceptance of any changes to the Terms.

Changes to Terms and Conditions

NeatMenu reserves the right to modify, update, or change these Terms and Conditions at any time, without prior notice. The most current version of the Terms will be posted on the NeatMenu website. Your continued use of the service following any changes to the Terms constitutes your acceptance of the revised Terms.

User Eligibility

NeatMenu is intended for use by individuals who are at least 18 years of age and can form legally binding contracts under applicable law. By using NeatMenu, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the service.

II. Account Registration and Access

Account Creation

To register for a NeatMenu account, users must be legally authorized representatives of the venue or other establishment, such as owners, managers, or employees. Account registration requires providing a valid email address, creating a password, and confirming the provided email address. Upon confirmation, the authorized representative can create a location for their venue and access the features and services offered by NeatMenu. Users are responsible for ensuring that they have the necessary legal authority to represent the venue and create an account on NeatMenu.

Account Security

Users are responsible for maintaining the confidentiality of their account information, including their password, and for any and all activity that occurs under their account. Users agree to notify NeatMenu immediately of any unauthorized use of their account or any other breach of security. NeatMenu will not be liable for any loss or damage arising from users' failure to safeguard their account information.

Account Termination

NeatMenu reserves the right to suspend or terminate user accounts at its sole discretion, without notice or liability, if it believes that a user has violated these Terms, engaged in any fraudulent activity, or for any other reason deemed necessary by NeatMenu.

Privacy

Personal information provided during account registration will be collected, used, and protected in accordance with our Privacy Policy. By using NeatMenu, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

III. Subscription Plans and Billing

Free Trial

NeatMenu offers a 14-day free trial for new accounts, during which users can access and utilize the service's features without any charges. Upon the expiration of the free trial period, users will be required to select a subscription plan and provide a valid payment method to continue using the service.

Subscription Plans 

NeatMenu offers various subscription plans for users to choose from, which may include different features, usage limits, and pricing. Users must select a subscription plan that best suits their needs and are responsible for understanding the features and limitations of their chosen plan. Subscription plan details, including pricing and features, are available on the NeatMenu website.

Billing Cycle

NeatMenu offers both monthly and yearly billing cycles for subscription plans. Users will be billed automatically at the beginning of each billing cycle, using the payment method provided during the subscription process. Users are responsible for maintaining up-to-date payment information and ensuring that their account has sufficient funds to cover the subscription fees.

Payment Methods

Users are required to provide a valid payment method, such as a credit card or other accepted payment methods, to pay for their chosen subscription plan. By providing a payment method, users authorize NeatMenu to charge the subscription fees and any applicable taxes for the selected billing cycle.

Taxes

All subscription fees are exclusive of any applicable taxes. NeatMenu is registered in Bulgaria and has a Bulgarian VAT number. Users are responsible for any taxes, including VAT or other applicable taxes

IV. Service Usage and Restrictions

Acceptable Use

You agree to use the NeatMenu service in compliance with all applicable laws, regulations, and these Terms and Conditions. You are solely responsible for your actions while using the service and for any consequences that may arise from your use.

Intellectual Property Rights 

All content, features, and functionality available on NeatMenu, including but not limited to text, graphics, logos, images, and software, are the exclusive property of NeatMenu or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content or materials available on NeatMenu is strictly prohibited.

User Content

You retain all ownership rights to the content that you upload, submit, or otherwise provide to NeatMenu, including but not limited to menu items, descriptions, images, and prices. By submitting user content, you grant NeatMenu a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the content in connection with the service.

NeatMenu shall not be liable for any content published by users registered on the NeatMenu platform, and the user shall be solely responsible for such content, including but not limited to its legality, accuracy, and compliance with all applicable laws and regulations. The user is responsible for the usage of the Service and for publishing legal and relevant content related to food, beverages and restaurants, including but not limited to compliance with all applicable laws and regulations. NeatMenu shall not be responsible or liable for any violation of such laws or regulations by any restaurant or venue registered on the Service.

Prohibited Content and Activities

You agree not to engage in any activities or submit any content that:

1. Violates any applicable laws, regulations, or third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights.
2. Contains false, misleading, or deceptive information.
3. Promotes or encourages illegal, harmful, or offensive activities or content, including but not limited to violence, harassment, discrimination, or hate speech.
4. Contains or promotes sexually explicit or adult material, or is otherwise obscene or offensive.
5. Is intended to defame, harass, threaten, or cause harm to any individual or entity.
6. Contains or promotes spam, unsolicited commercial messages, or other unwanted or harmful content.
7. Involves the use of any unauthorized software or tools to exploit, manipulate, or disrupt the NeatMenu service, its users, or any third-party systems or services.
8. Involves the use of automated scripts, bots, or other unauthorized means to access, scrape, or collect data from NeatMenu or its users.

NeatMenu reserves the right, but is not obligated, to monitor and review user content and activities for compliance with these Terms and Conditions. NeatMenu may, at its sole discretion, remove or modify any content or suspend or terminate user accounts found to be in violation of these prohibited activities and content guidelines without notice or liability.

V. Availability and Support

Service Availability

NeatMenu strives to provide consistent and reliable access to its service but does not guarantee uninterrupted or error-free availability. NeatMenu may experience downtime or disruptions due to factors beyond its control, such as network issues, hardware failures, or software bugs. NeatMenu will make reasonable efforts to minimize the impact of any such downtime or disruptions on its users.

Maintenance and Updates

NeatMenu may periodically perform maintenance, updates, or upgrades to its service, which may result in temporary service interruptions or downtime. NeatMenu will make reasonable efforts to provide advance notice of any planned maintenance or updates and to schedule them during low-traffic periods to minimize their impact on users.

Customer Support

NeatMenu offers email support for all accounts with an active subscription. Users can reach out to NeatMenu's support team by sending an email to the designated support email address, which can be found on the NeatMenu website. NeatMenu will make reasonable efforts to respond to support inquiries in a timely manner and to address any issues or concerns raised by users.

VI. Data and Privacy

Data Collection

NeatMenu collects various types of data from users, including personal information, such as email addresses and names, as well as non-personal information, such as usage data and analytics. The data collected depends on the user's interaction with the service and may be collected through forms, cookies, or other tracking technologies.

Data Usage

NeatMenu uses the collected data for various purposes, including providing and maintaining the service, personalizing user experiences, improving the service, providing customer support, and monitoring usage trends. NeatMenu may also use the collected data to communicate with users regarding updates, promotions, or other relevant information.

Data Security

NeatMenu takes the security of user data seriously and employs reasonable technical, administrative, and physical measures to protect the data from unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission or storage is completely secure, and NeatMenu cannot guarantee the absolute security of user data.

Data Retention

NeatMenu retains user data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, or enforce agreements. The retention period may vary depending on the type of data and the user's interaction with the service.

Data Privacy Compliance

NeatMenu is committed to complying with applicable data protection laws and regulations, such as the General Data Protection Regulation (GDPR) for users located in the European Union, and other relevant data protection legislation that may apply to users in different jurisdictions.

NeatMenu's Privacy Policy provides detailed information about the collection, usage, and protection of user data, as well as users' rights regarding their data. Users have the right to access, rectify, erase, restrict processing, or object to the processing of their personal data, as well as the right to data portability, in accordance with applicable data protection laws.

To exercise any of these rights, users can contact NeatMenu using the contact information provided in the Privacy Policy. NeatMenu will respond to such requests in a timely manner, in accordance with applicable legal requirements.

By using NeatMenu, users consent to the collection, processing, and transfer of their personal data in accordance with the Privacy Policy and applicable data protection laws. Users are responsible for ensuring that they have obtained any necessary consents or authorizations from individuals whose personal data they provide to NeatMenu in connection with the service.

VII. Termination

User Termination

Users may terminate their NeatMenu account and subscription at any time by contacting NeatMenu's customer support or following the account termination procedures available on the NeatMenu platform. Upon termination, the user's access to the service will be revoked, and their account and associated data may be deleted in accordance with NeatMenu's data retention policy.

NeatMenu Termination

NeatMenu reserves the right to suspend or terminate user accounts and access to the service at its sole discretion, without notice or liability, if it believes that a user has violated these Terms and Conditions, engaged in any fraudulent activity, or for any other reason deemed necessary by NeatMenu.

Effect of Termination

Upon termination of a user's account, whether by the user or NeatMenu, all rights granted to the user under these Terms and Conditions will cease immediately, and the user must discontinue all use of the service. Any outstanding fees or charges owed by the user to NeatMenu must be paid in full before the account is terminated.

Survival 

Sections of these Terms and Conditions that, by their nature, should survive termination will continue to apply even after the termination of a user's account. Such sections may include, but are not limited to, intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law and jurisdiction.

Refunds

In the event of account termination, NeatMenu does not generally provide refunds for any unused portion of a user's subscription plan. However, NeatMenu may, at its sole discretion, consider refund requests on a case-by-case basis. Factors that may be considered in determining whether to grant a refund may include the user's history with the service, the reason for termination, and the amount of time remaining on the user's subscription.

Users seeking a refund should contact NeatMenu's customer support and provide relevant information about their account and the reason for the refund request. NeatMenu reserves the right to approve or deny any refund requests at its sole discretion.

If a refund is granted, it will be processed using the same payment method that the user initially provided for the subscription. Refunds may take several business days to be credited to the user's account, depending on the processing time required by the user's payment provider.

VIII. Warranties and Disclaimers

No Warranties

NeatMenu provides the service on an "as is" and "as available" basis, without any warranties or representations, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, NeatMenu expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Accuracy

NeatMenu does not guarantee the accuracy, completeness, or reliability of any content, information, or materials provided on or through the service. Users are solely responsible for verifying the accuracy and reliability of any content or information they rely upon in connection with their use of the service.

No Guarantee of Uninterrupted Access

NeatMenu does not guarantee that the service will be uninterrupted, error-free, or free from defects, nor does it guarantee that any such defects will be corrected. NeatMenu is not responsible for any damage or loss resulting from the unavailability or malfunction of the service.

Third-Party Services

NeatMenu may integrate or provide links to third-party services, products, or resources. NeatMenu has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party services, products, or resources. Users acknowledge and agree that NeatMenu is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party services, products, or resources.

IX. Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions and any disputes or claims arising out of or in connection with them, including any non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of Bulgaria.

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, either party may submit the dispute to the competent courts of Bulgaria.

Jurisdiction

Users agree that the courts of Bulgaria shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and Conditions, including any non-contractual disputes or claims.

Waiver of Class Actions

Users agree to resolve any disputes with NeatMenu on an individual basis and waive any right to participate in a class action, class-wide arbitration, or any other type of representative legal proceeding against NeatMenu.

Limitation on Time to File Claims

Any cause of action or claim a user may have arising out of or relating to these Terms and Conditions must be commenced within one (1) month after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

X. Limitations of Liability

Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall NeatMenu, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) the use or inability to use the service; (ii) unauthorized access to or alteration of user data; (iii) any conduct or content of any third party on the service; or (iv) any other matter relating to the service, even if NeatMenu has been advised of the possibility of such damages.

Limitation of Liability

NeatMenu's total liability to users for all claims arising out of or in connection with these Terms and Conditions or the service, whether in contract, tort, or otherwise, shall not exceed the amount paid by the user for the service during the twelve (12) months immediately preceding the event giving rise to the claim.

Users' Sole and Exclusive Remedy 

If a user is dissatisfied with the service, their sole and exclusive remedy is to terminate their account and discontinue using the service, in accordance with the Termination section of these Terms and Conditions.

Applicability of Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to every user. In such jurisdictions, NeatMenu's liability shall be limited to the maximum extent permitted by the applicable law.

Users should consult their local laws to determine the extent to which these limitations apply in their jurisdiction. By using NeatMenu's service, users agree that the limitations of liability set forth in this section are reasonable and an essential part of the agreement between NeatMenu and the user.

XI. Miscellaneous

Entire Agreement

These Terms and Conditions, along with any other policies or guidelines referenced herein, constitute the entire agreement between NeatMenu and the user, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the service.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

No Waiver

No failure or delay by NeatMenu in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that or any other right, power, or remedy.

Assignment

Users may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of NeatMenu. NeatMenu may freely assign or transfer its rights and obligations under these Terms and Conditions without restriction.

Force Majeure

NeatMenu shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or interruptions to telecommunications or transportation infrastructure.