Terms of Service

Who we are and what these Terms cover

Menu Tools is a product of Beertender LLC, a Washington limited liability company. In these Terms, "we", "us", and "our" mean Beertender LLC. "You" means the person reading them, whether you're browsing this site, evaluating the product, or already running a venue on it. If you're accepting these Terms on behalf of a business, you're confirming you have the authority to bind that business, and "you" refers to it.

These Terms cover two things we operate: this marketing website at menu.tools, and the Menu Tools application at app.menu.tools, including the public display pages and QR menus it publishes on behalf of our customers. Together, we call these the "Service."

Acceptance of these Terms

By visiting this website, creating an account, or otherwise using the Service, you agree to these Terms. If you do not agree to them, do not use the Service.

Accounts

You must provide accurate, current information when creating an account and keep it up to date. You're responsible for safeguarding your account credentials and for all activity under your account. You must be at least 18, or the age of majority where you live, to create one. A Subscriber may invite other users onto its account. The Subscriber is responsible for what any user it invites does there.

Subscription plans, trials, and billing

Plans

The product is offered via two paid subscription plans as of the date of these Terms, each available monthly or annually, as described on our pricing page at signup.

The Basic plan offers up to two active menus. The Pro plan offers unlimited active menus.

Exceeding your plan's limit, for example by downgrading from Pro to Basic, automatically deactivates your most-recently-activated Menus until you're back within the limit. Deactivating a Menu this way doesn't delete it or its content.

Free trial

New accounts get a free trial. If you haven't subscribed by the end of your trial, your Menus are deactivated, made unavailable to the public, until you do. Nothing about your account or content is deleted immediately. Subscribing afterward picks up right where you left off. We may change the trial length, or discontinue it, at any time, including for accounts created after such a change.

Billing and payment

Fees are billed in advance through our payment processor, Stripe, and by subscribing you authorize us to charge your payment method on a recurring basis until you cancel. Fees are as shown on our pricing page or at checkout at the time of purchase or renewal and are subject to change with notice before it affects your account. Switching plans or billing intervals takes effect immediately, prorated for the remainder of the current period. Any user on your account, not only its original creator, can manage billing. If a payment fails, we retry it on our payment processor's standard schedule before your subscription is cancelled. Your Menus stay active while that plays out.

Cancellation and refunds

You can cancel any time from your account's billing page. You'll keep access through the end of your current paid period. We don't refund the unused portion of a billing period, prorated or otherwise.

Taxes

Fees don't include taxes. We collect taxes in places where the law requires it. Taxes are in addition to your fees as part of your payment.

Acceptable use

You agree not to do any of the following with the Service.

• Upload or publish content that's unlawful, infringing, defamatory, obscene, or that otherwise violates someone else's rights.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Interfere with or disrupt the Service, including through excessive automated requests.
• Build a competing product from it, or reverse-engineer it beyond what the law permits.
• Misrepresent your affiliation with any person or entity.

We may suspend or terminate accounts that violate this section, as described under "Suspension and termination" below.

Your content

"Content" means the menu data, item descriptions, images, logos, location information, and anything else you or your users upload to or create within the Service.

• You own your Content. We claim no ownership over your Content.
• You license your Content to us to run the Service. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and publicly display your Content solely to operate the Service for you and for the public viewers of your published Menus.
• You're responsible for your Content. You confirm you have the rights necessary to upload your Content and grant that license, and that it doesn't violate these Terms or anyone else's rights.

We may remove Content we reasonably believe violates these Terms or the law.

Our intellectual property

The Service itself, meaning its software, design, and branding but excluding your Content, is owned by Beertender LLC or our licensors. You may view and print pages of this website for your own reference. You may use printed menus of the Service and QR codes for your business menus. You may connect television displays to show menus from the Service. You may link to our Service from your website. Beyond that, these Terms don't grant you any right to copy, reproduce, or redistribute the Service, or to use our name, logo, or branding, without our written consent.

Suspension and termination

You can stop using the Service and cancel your subscription at any time. We may suspend or terminate your account if you violate these Terms, if the law requires it, or if your subscription lapses as described above. We'll give notice first where that's practical for a Terms violation.

While a subscription is merely lapsed or suspended, your Content is retained and your Menus are simply paused, not deleted. If your account is closed, whether by you or by us for cause, we delete your Content within 30 days, consistent with our Privacy Policy. Billing records are kept separately for as long as tax and accounting law requires.

Third-party services

The Service relies on outside providers to run: Stripe for payments, and Amazon Web Services for hosting and storage, as our Privacy Policy describes. Your use of payment features is also subject to Stripe's own terms. We're not responsible for what a third-party provider does or fails to do, though we work to pick and monitor reputable ones.

Links to other sites

This site and the product link to places we don't control, including our service providers and whatever we cite in a blog post. Those sites run under their own terms, and we're not responsible for them. Visiting one is at your own risk.

Disclaimers

We provide the Service "as is" and "as available," without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee the Service will be uninterrupted, error-free, or secure, or that content on this website, including pricing and feature descriptions, is complete or current.

Limitation of liability

To the extent the law allows, Beertender LLC won't be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the Service. Our total liability for any claim arising from these Terms or the Service won't exceed the amount you paid us in the 12 months before the claim arose. Nothing here limits liability that can't be limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold Beertender LLC harmless from any claims, damages, and expenses (including reasonable attorneys' fees) arising from your Content, your use of the Service in violation of these Terms, or your violation of any law or third party's rights.

Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights.

Agreement to arbitrate

You and Beertender LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, not in court, except as described under "Your right to opt out" and "Exceptions" below. This agreement to arbitrate is governed by the Federal Arbitration Act.

Administration and rules

Arbitration is administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as they exist when arbitration is commenced (available at adr.org), except as modified below.

Arbitrator, location, and procedure

A single arbitrator conducts the arbitration. Its seat is King County, Washington, though the arbitrator may allow a party to appear remotely for hearings where AAA's rules and the circumstances allow it.

Fees and costs

Each party pays the AAA filing fee it would ordinarily bear under the Commercial Arbitration Rules. If that fee would exceed what you'd pay to file an equivalent claim in court, we pay the difference. Each party otherwise bears its own attorneys' fees and costs, except as the arbitrator or the law otherwise requires.

No class actions

You and Beertender LLC each waive the right to a jury trial and to participate in a class action, class arbitration, or representative action. The arbitrator can't consolidate more than one person's claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable as to a particular Dispute, that Dispute, and only that one, goes to court instead of arbitration. The rest of this section stays in effect for every other Dispute.

Your right to opt out

You can opt out of this arbitration agreement by sending written notice to legal@menu.tools within 30 days of first agreeing to these Terms. Include your name, your account's registered email address, and a clear statement that you're opting out of arbitration. If you opt out, neither of us is bound by this section, and Disputes between us are resolved as described under "Governing law" below. Everything else in these Terms still applies.

Exceptions

Either party can bring a qualifying individual claim in small claims court instead of arbitration. Either party can also seek injunctive or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights, without arbitrating that claim first.

Governing law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles.

Changes to these Terms

We may update these Terms at any time. If a change is material, we'll give notice, such as by email or an in-app notice, before it takes effect. Continuing to use the Service after that constitutes acceptance of the updated Terms.

Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and Beertender LLC about the Service, superseding any prior agreement. If any provision here is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver of it later. You can't assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.

How to contact us

Questions about these Terms can go through our contact form or to legal@menu.tools, the same way our Privacy Policy routes non-privacy inquiries.

Beertender LLC
A Washington limited liability company