Terms of Service
Last Updated: March 26, 2025
1. Introduction
Welcome to Menu Now! These Terms of Service (“Terms”) govern your use of our website, mobile application, and services (collectively, the “Services”) operated by Ode of Code (“we”, “us”, or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access or use our Services.
2. Accounts and Registration
To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to maintain and promptly update this information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your account. We encourage you to use a strong password unique to your Menu Now account.
3. User Conduct
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in any way that violates any applicable laws or regulations
- Impersonate or attempt to impersonate our company, employees, another user, or any other person
- Engage in any conduct that restricts or inhibits anyone's use of the Services
- Attempt to gain unauthorized access to our servers or any portion of the Services
- Use the Services to transmit any material that contains viruses, Trojan horses, or other harmful code
- Use any automated means to access or interact with the Services
4. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Menu Now, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any rights to use our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
5. User-Generated Content Policy
5.1 Ownership & Responsibility
By uploading content (including images) to Menu Now (“the Platform”), you confirm that:
- You own the content or have explicit permission from the copyright holder to use and distribute it.
- You grant Menu Now a non-exclusive, worldwide license to display, store, and process the content solely for providing Platform services.
- You accept full responsibility for any legal claims arising from your uploaded content.
5.2 Prohibited Content
Users may not upload:
- Copyrighted content without authorization.
- Images that violate intellectual property rights, including trademarks or patents.
- Content that is illegal, offensive, or violates privacy rights.
5.3 Copyright Infringement & Takedown Requests
Menu Now respects intellectual property laws and follows a takedown process for copyright complaints. If you believe an image infringes your copyright, please submit a request via [email protected].
To process a takedown request, include:
- A description of the copyrighted work.
- A link to the infringing content on the Platform.
- Proof of ownership or authorization.
Upon receiving a valid request, we will investigate and may remove or restrict access to the content. Repeated violations may lead to account suspension.
5.4 Reporting Copyright Violations
Users can report potential copyright violations by contacting [email protected]. We reserve the right to remove content at our discretion if it violates our policies.
5.5 Liability Disclaimer
Menu Now acts as a platform for user-generated content and does not actively monitor all uploaded images. While we take reasonable steps to address violations, we are not liable for user-uploaded content.
6. Refund Policy
Menu Now offers subscription-based services processed through our payment provider, Lemon Squeezy. Our refund policy is as follows:
- Subscription Plans: All sales are final and non-refundable. Refunds may be issued solely at the discretion of Menu Now management if we determine that circumstances warrant such action. We reserve the right to evaluate refund requests on a case-by-case basis.
- Recurring Subscriptions: For recurring subscription payments, refunds are generally not available except in cases of:
- Technical issues preventing access to our Services for more than 24 consecutive hours
- Incorrect or duplicate charges
- Service unavailability due to our actions and not covered by our Scheduled Maintenance Policy
- Pro-rated Refunds: In certain cases, we may issue pro-rated refunds for the unused portion of your subscription period when exceptional circumstances warrant it, at our sole discretion.
- Refund Process: All refund requests must be submitted in writing to [email protected]. Approved refunds will be processed through the original payment method used for the purchase, typically within 5-10 business days.
We reserve the right to modify this refund policy at any time. The policy in effect at the time of your purchase will apply to your transaction.
7. Service Availability and Downtime
While we strive to provide uninterrupted access to our Services, Menu Now does not guarantee continuous, uninterrupted, or secure access to our platform.
- Scheduled Maintenance: We perform routine maintenance to improve performance and add new features. We will attempt to provide advance notice of scheduled maintenance that may result in downtime through email or in-platform notifications.
- Unplanned Outages: Our Services may experience unplanned outages or interruptions due to factors beyond our control, including but not limited to:
- Equipment failure or technical malfunctions
- Internet service provider outages
- Force majeure events (natural disasters, acts of terrorism, etc.)
- DDoS or other cyber attacks
- Status Updates: In the event of significant service disruptions, we will make reasonable efforts to provide status updates and estimated resolution times via email and/or our official social media channels.
- Liability Limitation: Menu Now shall not be liable for any damages, losses, or any other consequences resulting from service unavailability or downtime, regardless of the cause or duration of such downtime.
For business-critical implementations, we recommend having contingency plans in place to manage potential service disruptions.
8. Disclaimer of Warranties
Your use of our Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Menu Now, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
10. Indemnification
You agree to defend, indemnify, and hold harmless Menu Now, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of the Services after any modification indicates your acceptance of the modified Terms.
12. Account Termination and Data Handling
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon account termination, either by you or us, the following procedures apply regarding your data:
- Data Access Period: After account termination, you will have a 14-day grace period during which you can request a copy of your data by contacting [email protected]. We will provide the data in a standard, machine-readable format within 30 days of your request.
- Data Retention: After the 14-day grace period, we will:
- Delete or anonymize personal information in accordance with our Privacy Policy
- Retain certain restaurant and menu information for up to 180 days to facilitate account reactivation if requested
- Retain transaction records and other necessary information to comply with legal and financial requirements
- User-Generated Content: Public-facing content you've created (such as published menus) will be removed from public view within 7 days of account termination, but may be retained in our backup systems for the periods specified in our data retention policy.
- Reactivation: Within 180 days of termination, you may request account reactivation. If approved, we will restore your account data to the extent it is still available in our systems.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Bosnia and Herzegovina, without regard to its conflict of law provisions. Any disputes arising from these Terms will be resolved in the courts of Bosnia and Herzegovina.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under law.
15. Entire Agreement
These Terms constitute the entire agreement between you and Menu Now regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: +387 61 075 052
Address: Oruča 4, Visoko, Bosnia and Herzegovina