SECTION 1 — INTRODUCTION AND ACCEPTANCE OF TERMS

Effective Date: July 15, 2026

1. Introduction

Welcome to MenuCheck.

These MenuCheck Platform Terms of Service ("Terms") constitute a legally binding agreement between MenuCheck ("MenuCheck," "we," "our," or "us") and any individual or business entity ("Merchant," "Customer," or "User") accessing or using the MenuCheck Platform.

The MenuCheck Platform provides technology services that allow restaurants, food trucks, nonprofit organizations, and other approved merchants to create digital menus, receive online orders, process electronic payments, manage pickup and delivery services, publish branded websites, and access additional software modules offered by MenuCheck.

These Terms govern the access to and use of:

• The MenuCheck website, including www.menucheck.us, app.menucheck.us, and any future MenuCheck-owned domains;
• The MenuCheck web applications;
• Mobile applications;
• QR Code ordering services;
• Merchant Portal;
• Customer Ordering Portal;
• Future software modules released by MenuCheck;

Any communication, messaging, SMS, email, or other services provided by MenuCheck.

By accessing, browsing, registering, or using any portion of the MenuCheck Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree with these Terms, you must immediately discontinue use of the Platform.

2. Changes to these Terms

MenuCheck reserves the right to modify, update, replace, or discontinue any portion of these Terms at any time.

When material changes are made, MenuCheck will publish the updated version on its website together with the revised Effective Date.

Continued use of the Platform after any modification constitutes acceptance of the updated Terms.

3. Nature of the Platform

MenuCheck is a Software-as-a-Service (SaaS) technology platform that provides online ordering and digital commerce tools.

Except where expressly stated, MenuCheck:

• does not prepare food;
• does not own or operate restaurants;
• does not employ delivery drivers;
• does not guarantee restaurant availability;
• does not guarantee delivery times;

does not act as the merchant of record for restaurant sales unless expressly required for payment processing.

Restaurants remain solely responsible for:

• food preparation;
• menu accuracy;
• pricing;
• taxes;
• food quality;
• operating hours;
• inventory;

customer service related to their products.

4. Future Features

MenuCheck continuously develops new products and services.

Some features described on the Platform or in these Terms may not yet be publicly available.

The availability of any future feature, module, or integration shall not constitute a contractual obligation by MenuCheck to release such feature on any specific date.

MenuCheck reserves the right to:

• modify;
• postpone;
• discontinue;

replace; or

limit

any feature or service at its sole discretion without liability.

5. Definitions

For purposes of these Terms:

Platform means all websites, applications, software, APIs, QR ordering systems, merchant portals, customer portals, and related services operated by MenuCheck.

Merchant means any restaurant, food truck, nonprofit organization, community organization, caterer, or approved business using MenuCheck.

Customer means any individual placing an order through the Platform.

Order means any request submitted electronically through MenuCheck.

Services means all software, subscriptions, integrations, payment services, websites, ordering modules, and future modules provided by MenuCheck.

Third-Party Providers include, but are not limited to, payment processors, delivery providers, SMS providers, hosting providers, mapping services, and other integrated technology vendors.

SECTION 2 — ELIGIBILITY, ACCOUNT REGISTRATION & MERCHANT RESPONSIBILITIES

2.1 Eligibility

To access or use the MenuCheck Platform, you must:

• Be at least eighteen (18) years of age;
• Have the legal authority to enter into binding contracts;
• Provide accurate, current, and complete registration information;
• Comply with all applicable federal, state, and local laws and regulations;

Agree to these Terms of Service and the MenuCheck Privacy Policy.

If you are registering on behalf of a business entity, you represent and warrant that you have the authority to legally bind that entity to these Terms.

MenuCheck reserves the right to refuse service, suspend, or terminate any account that does not meet these eligibility requirements.

2.2 Merchant Registration

To activate Merchant Services, the Merchant must create an account and provide accurate business information, including, when applicable:

Business name

Business address

Contact information

Authorized representative

Email address

Telephone number

Operating hours

Tax information when required

Bank account for payment deposits

Payment processor onboarding information

Restaurant menu and pricing

Delivery and pickup configuration

Any additional information reasonably requested by MenuCheck.

The Merchant agrees to maintain this information current and accurate at all times.

Providing false, misleading, or incomplete information may result in suspension or termination of the account.

2.3 Account Security

Each Merchant is responsible for maintaining the confidentiality of its account credentials, including usernames, passwords, API credentials, QR codes, and any authentication methods provided by MenuCheck.

The Merchant is solely responsible for all activity occurring under its account, whether authorized or unauthorized, unless caused by MenuCheck's gross negligence or willful misconduct.

If the Merchant believes that its account has been compromised, it must immediately notify MenuCheck at:

support@menucheck.us

MenuCheck may temporarily suspend access while investigating any suspected security incident.

2.4 Merchant Responsibilities

The Merchant is solely responsible for:

• Maintaining accurate menus;
• Maintaining current pricing;
• Updating item availability;
• Managing operating hours;
• Preparing food safely and in accordance with applicable health regulations;
• Accepting or rejecting customer orders promptly;
• Maintaining accurate business information;

Providing customer service related to food quality and restaurant operations.

The Merchant acknowledges that MenuCheck does not modify menu prices or product information without authorization, except when requested by the Merchant.

2.5 Stripe and Payment Processing

Certain MenuCheck Services require electronic payment processing.

To use these services, the Merchant may be required to successfully complete onboarding with MenuCheck's designated payment processor.

The Merchant authorizes MenuCheck to facilitate the onboarding process and to transmit the information necessary to establish payment processing services.

Approval for payment processing is subject solely to the policies and underwriting requirements of the applicable payment processor.

MenuCheck does not guarantee approval for any payment processing account.

2.6 Third-Party Integrations

Certain MenuCheck features may require integration with third-party service providers, including but not limited to:

Payment processors

Delivery providers

SMS providers

Mapping services

Domain registrars

Website hosting providers

Point-of-Sale systems

Artificial Intelligence services

The availability of these integrations depends on the respective third-party providers.

MenuCheck shall not be liable for interruptions, pricing changes, discontinued services, API modifications, or technical failures caused by third-party providers.

2.7 Merchant Websites and Domains

Merchants who subscribe to website services remain solely responsible for maintaining ownership or lawful control of any domain name connected to their MenuCheck website.

The Merchant represents and warrants that it has all necessary rights to use any domain name, logo, trademark, photographs, menu content, or other intellectual property submitted to MenuCheck.

MenuCheck assumes no responsibility for disputes regarding ownership of domains, trademarks, logos, or copyrighted materials provided by the Merchant.

2.8 Acceptable Use

The Merchant agrees not to use the Platform to:

• Violate any applicable law or regulation;
• Sell illegal or prohibited products;
• Infringe upon the intellectual property rights of others;
• Upload malicious software or harmful code;
• Attempt unauthorized access to MenuCheck systems;
• Interfere with the operation or security of the Platform;

Engage in fraudulent, deceptive, or abusive practices.

MenuCheck reserves the right to suspend or terminate any account engaged in prohibited activities.

2.9 Suspension or Termination

MenuCheck may suspend or terminate any account, with or without prior notice, if:

• These Terms are violated;
• Fraudulent activity is suspected;
• Required information is inaccurate or incomplete;
• Payment obligations are not met;
• The Merchant fails to comply with applicable laws;

Continued use presents a security, legal, or operational risk.

Termination of an account does not relieve either party of obligations that accrued prior to termination, including payment obligations and any surviving provisions of these Terms.

SECTION 3 — MENUCHECK SERVICES, SUBSCRIPTIONS, PRICING & FEES

3.1 Overview

MenuCheck offers a cloud-based Software-as-a-Service (SaaS) platform designed to help restaurants, food trucks, nonprofit organizations, community organizations, and other approved merchants establish and manage their digital presence, online ordering, payment processing, customer engagement, and related business operations.

Services are offered in modular form, allowing each Merchant to subscribe only to the features required for its business.

Unless otherwise stated, all prices are quoted in United States Dollars (USD).

MenuCheck reserves the right to modify pricing, subscription plans, service offerings, or fees upon reasonable notice to Merchants.

3.2 Base Subscription Modules

The following subscription-based modules are available independently unless otherwise specified.

Each physical restaurant location is considered an independent Merchant location and requires its own subscription.

3.2.1 Online Menu BASIC (Free)

The Online Menu BASIC module provides a digital menu accessible through a dedicated MenuCheck URL and QR Code.

Features include:

Unlimited menu categories

Unlimited menu items

Unlimited modifiers

Real-time menu updates

QR Code generation

Mobile-friendly menu

Restaurant information page

There is no monthly subscription fee for this module.

MenuCheck reserves the right to display advertisements or promotional content within the free version of the Online Menu.

Optional Setup Service

Merchants may request professional menu setup services.

Current setup fee:

$300.00 USD

Additional restaurant locations:

$150.00 USD per location

The setup service includes:

Menu creation

Categories

Items

Modifiers

Initial configuration

3.2.2 Online Menu PRO

Monthly Subscription:

$30.00 USD per location

Includes all Online Menu BASIC features plus:

Advertisement-free experience

Enhanced branding

Greater customization options

Priority support

Future PRO enhancements released by MenuCheck

3.2.3 Custom Restaurant Website

Monthly Subscription:

$20.00 USD per location

Includes:

Branded restaurant website

Home page

Menu integration

Contact page

Mobile responsive design

Domain integration

Search engine friendly structure

Setup Fee:

$200.00 USD

Additional custom sections:

$50.00 USD each

For multi-location restaurants, MenuCheck may provide a centralized Locations page listing all participating locations.

3.3 Online Ordering Modules

Unlike subscription services, the following modules operate on a transaction-based commission model.

No monthly subscription fee applies unless otherwise stated.

Commission fees are charged only on successfully completed transactions.

Payment processing fees charged by third-party payment processors are separate from MenuCheck service fees.

3.3.1 Pickup Ordering

Service Fee

The Merchant agrees to pay MenuCheck a 9.9% Service Fee calculated on the subtotal of each completed order.

In addition, each transaction is subject to the applicable third-party payment processing fee, which is charged separately by the designated payment processor.

The payment processing fee is not retained by MenuCheck and is determined by the payment processor's current pricing.

3.3.2 Delivery Ordering

Service Fee

The Merchant agrees to pay MenuCheck a 9.9% Service Fee calculated on the subtotal of each completed order.

In addition, each transaction is subject to the applicable third-party payment processing fee.

Delivery charges are calculated separately by the integrated delivery provider and are generally paid by the customer at checkout.

3.3.3 Dine-In QR Ordering (Coming Soon)

This feature will allow customers to order directly from their restaurant table by scanning a unique QR Code assigned to each table.

When available, customers will be able to:

Browse the menu

Customize orders

Submit food and beverage requests

Pay electronically

Request additional items during their visit

Current Status

This module is not currently available.

Its inclusion in these Terms does not constitute a commitment that it will be released on any particular date.

MenuCheck reserves the right to:

postpone,

modify,

discontinue,

replace,

or limit

this feature at its sole discretion.

When officially released, the applicable service fee will be published on the MenuCheck website or Merchant Portal.

3.4 Future Modules

MenuCheck continuously develops additional software modules.

Future services may include, but are not limited to:

Kitchen Display System (KDS)

Driver Management

Loyalty Programs

Digital Coupons

Gift Cards

Fundraising Campaigns

Catering Orders

Artificial Intelligence Receptionist

Reservations

POS Integrations

Customer Relationship Management (CRM)

Marketing Automation

Inventory Integrations

Analytics Dashboard

Additional API Integrations

The existence or description of future modules within these Terms shall not obligate MenuCheck to release or maintain any particular feature.

3.5 Taxes

Unless expressly stated otherwise, Merchants are solely responsible for:

Sales taxes

Local taxes

State taxes

Federal taxes

Any other governmental fees applicable to their business.

MenuCheck does not provide tax advice and recommends that Merchants consult their tax professionals regarding applicable tax obligations.

3.6 Pricing Changes

MenuCheck reserves the right to modify:

Subscription fees

Setup fees

Transaction fees

Commission percentages

Available service plans

Reasonable advance notice will be provided before any pricing changes affecting active subscriptions become effective.

Updated pricing will also be published on the official MenuCheck website.

SECTION 4 — CUSTOMER ORDERS, PAYMENTS, CANCELLATIONS & REFUNDS

4.1 Placing an Order

Customers may place orders through the MenuCheck Platform using any available ordering channel, including the MenuCheck website, Merchant websites powered by MenuCheck, QR Codes, mobile applications, or other authorized ordering interfaces.

By submitting an order, the Customer represents and warrants that:

• All information provided is accurate and complete;
• The payment method used is valid and authorized;
• The Customer intends to purchase the items included in the order;

The Customer agrees to these Terms of Service.

Submitting an order constitutes an offer to purchase from the participating Merchant.

An order is not considered accepted until the Merchant reviews and accepts the order through the MenuCheck Platform.

4.2 Payment Authorization

All orders must be paid electronically at the time they are submitted unless a different payment method has been expressly authorized by MenuCheck.

By placing an order, the Customer authorizes the designated payment processor to charge the selected payment method for:

• Food and beverage purchases;
• Applicable taxes;
• Delivery fees, when applicable;
• Service fees, if applicable;

Any additional charges disclosed before checkout.

Payment authorization does not constitute acceptance of the order by the Merchant.

If the Merchant rejects the order, any authorized payment will be automatically voided or refunded to the original payment method.

4.3 Restaurant Acceptance

Each participating Merchant independently determines whether to accept or reject an order.

An order becomes final only after the Merchant accepts it.

Upon acceptance, the Merchant immediately begins preparing the food and beverages requested by the Customer.

Estimated preparation times displayed within the Platform are provided solely for convenience and may vary depending on operational conditions.

MenuCheck does not guarantee preparation times.

4.4 Pickup Orders

Customers selecting Pickup are responsible for arriving at the Merchant's location during the estimated pickup window.

Typical preparation times range from 15 to 30 minutes, although actual preparation times may vary.

The Merchant may hold completed orders for a reasonable period.

If a Customer fails to retrieve a completed order, the Merchant may dispose of the food in accordance with applicable health regulations.

MenuCheck shall not be responsible for food quality or freshness after the Merchant has completed preparation.

4.5 Delivery Orders

Delivery services may be provided through independent third-party delivery providers integrated with the MenuCheck Platform.

Estimated delivery times are estimates only and may vary due to:

• Restaurant preparation time;
• Driver availability;
• Traffic conditions;
• Weather;
• Distance;
• Road closures;

Other operational circumstances.

Customers are responsible for providing:

• Accurate delivery addresses;
• Correct telephone numbers;

Any required access instructions.

MenuCheck shall not be liable for delays or delivery failures resulting from incorrect customer information.

4.6 Order Cancellation Policy

Customers may request cancellation only before the Merchant has accepted the order.

If the Merchant has not yet accepted the order, the cancellation request may be approved, and the payment will be refunded to the original payment method.

Once the Merchant accepts the order, preparation of food and beverages begins immediately.

Because food preparation has already started, orders cannot be canceled after acceptance.

No refund will be issued solely because the Customer changes their mind after the Merchant has accepted the order.

Exceptions may apply only when required by applicable law or in the event of a verified duplicate transaction or technical processing error.

4.7 Refund Policy

MenuCheck processes refund requests on behalf of participating Merchants in accordance with these Terms.

Refunds may be approved under circumstances including, but not limited to:

• The Merchant rejects the order;
• A duplicate payment is processed;
• A verified technical error results in an incorrect charge;
• The Customer is charged without a successfully completed order;

Other circumstances where a refund is required by applicable law.

Refunds generally will not be approved after the Merchant has accepted and begun preparing the order.

Approved refunds will be issued only to the original payment method used during checkout.

Depending on the Customer's financial institution, approved refunds typically appear within three (3) to five (5) business days, although processing times may vary.

4.8 Refund Request Procedure

Customers requesting a refund should contact MenuCheck Customer Support as soon as reasonably possible.

Refund requests must include:

• Order number;
• Customer name;
• Restaurant name;
• Date of purchase;

Description of the issue.

Refund requests may be submitted by email to:

support@menucheck.us

MenuCheck may request additional information before making a refund determination.

Each request will be evaluated individually.

4.9 Chargebacks

Customers are encouraged to contact MenuCheck before initiating a payment dispute or chargeback through their financial institution.

Initiating a chargeback without first attempting to resolve the issue through MenuCheck may delay resolution.

MenuCheck reserves the right to provide transaction records, order confirmations, communication history, and other relevant documentation to the payment processor or financial institution in response to any chargeback investigation.

Fraudulent or abusive chargebacks may result in suspension or permanent termination of Customer accounts where permitted by applicable law.

4.10 Customer Responsibilities

Customers are responsible for:

• Reviewing all order details before submission;
• Verifying menu selections;
• Reviewing allergen information directly with the Merchant when necessary;
• Providing accurate contact information;
• Providing accurate delivery instructions;

Monitoring order notifications.

Customers acknowledge that MenuCheck cannot guarantee the accuracy of menu descriptions, ingredient lists, nutritional information, or allergen disclosures supplied by Merchants.

4.11 Merchant Responsibilities

Each Merchant remains solely responsible for:

• Accepting or rejecting orders;
• Food preparation;
• Food safety;
• Product quality;
• Ingredient accuracy;
• Pricing accuracy;
• Tax collection where applicable;
• Operating hours;
• Inventory availability;

Compliance with applicable health regulations.

MenuCheck provides only the technology platform facilitating communication and payment processing between Customers and participating Merchants.

4.12 Marketplace Disclaimer

MenuCheck operates solely as a technology platform connecting Customers with participating Merchants.

Except as expressly provided herein, MenuCheck:

• Does not prepare food;
• Does not own or operate restaurants;
• Does not employ restaurant personnel;
• Does not guarantee restaurant availability;
• Does not guarantee delivery performance;

Does not warrant the quality, safety, legality, or suitability of any food or beverage offered by participating Merchants.

All food preparation, order fulfillment, and customer service relating to food quality remain the sole responsibility of the participating Merchant.

SECTION 5 — INTELLECTUAL PROPERTY, PLATFORM TECHNOLOGY & LICENSES

5.1 Ownership of the MenuCheck Platform

The MenuCheck Platform, together with all related software, source code, object code, databases, application programming interfaces (APIs), software architecture, business logic, workflows, algorithms, artificial intelligence models, machine learning systems, user interfaces, website designs, mobile applications, documentation, graphics, audiovisual materials, trademarks, trade dress, service marks, logos, proprietary methodologies, and all associated technology (collectively, the "Platform Technology") are and shall remain the exclusive property of MenuCheck and its licensors.These Terms do not transfer, assign, or grant any ownership interest in the Platform Technology to any Merchant, Customer, User, or third party.Except for the limited rights expressly granted under these Terms, MenuCheck reserves all intellectual property rights, whether existing now or developed in the future.

5.2 Scope of Intellectual Property

The intellectual property owned by MenuCheck includes, without limitation:• Software applications• Cloud infrastructure• Source code and object code• APIs and SDKs• Database structures and organization• Business processes and ordering workflows• Payment workflows• Merchant management systems• Customer ordering systems• QR ordering technology• Artificial Intelligence systems• AI prompts and prompt engineering methodologies• Machine learning models• User interface designs• Branding elements• Documentation• Technical specifications• Trade secrets• Future software modules and enhancementsAll such materials are protected by United States and international intellectual property laws.

5.3 Limited License

Subject to continuous compliance with these Terms, MenuCheck grants each authorized User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended business purposes.No ownership rights are transferred by virtue of this license.

5.4 Restrictions on Use

Unless expressly authorized in writing by MenuCheck, Users shall not copy, modify, reverse engineer, decompile, disassemble, create derivative works, mirror, resell, lease, sublicense, remove proprietary notices, bypass security mechanisms, or use the Platform to develop competing products or services.Any unauthorized activity immediately terminates the license granted under these Terms.

5.5 Protection of Platform Technology

The User acknowledges that substantial time, financial resources, engineering expertise, and proprietary research have been invested in developing the MenuCheck Platform.The User agrees not to reproduce Platform functionality, imitate workflows, duplicate business logic, recreate payment systems, reproduce database architecture, imitate AI-assisted functionality, or develop substantially similar competing products using knowledge obtained through the Platform.

5.6 Artificial Intelligence Technology

MenuCheck may develop, acquire, license, train, or improve Artificial Intelligence technologies for use throughout the Platform.All AI models, prompts, workflows, training methods, response generation systems, and improvements developed by or for MenuCheck remain the exclusive intellectual property of MenuCheck.

5.7 Restrictions Regarding Artificial Intelligence

Users shall not use the Platform or any Platform output for training competing AI models, extracting proprietary prompts, creating competing datasets, or benchmarking the Platform for commercial purposes without MenuCheck's written authorization.

5.8 Database Rights

The organization, structure, compilation, formatting, indexing, categorization, relationships, and presentation of data within the Platform constitute proprietary database rights owned by MenuCheck.Bulk extraction, scraping, harvesting, automated downloading, or systematic copying of Platform data is strictly prohibited.

5.9 Security Measures

MenuCheck may employ technological protection measures designed to safeguard Platform Technology.Attempts to bypass Platform security may result in immediate suspension, termination, civil liability, and criminal prosecution where applicable.

5.10 Reservation of Rights

Except for the limited license expressly granted herein, MenuCheck reserves every right, title, and interest in and to the Platform Technology.No implied licenses shall arise under these Terms.

MERCHANT CONTENT, USER CONTENT & PLATFORM LICENSES

5.11 Merchant Content

The Merchant retains ownership of all menus, logos, trademarks, photographs, videos, pricing, product descriptions, promotional materials, and other content submitted to the Platform ("Merchant Content"). The Merchant represents and warrants that it owns or has obtained all rights necessary to publish such content through the Platform.

5.12 License Granted to MenuCheck

By uploading Merchant Content, the Merchant grants MenuCheck a worldwide, non-exclusive, royalty-free, sublicensable (only as necessary to operate the Platform), and revocable license to host, store, reproduce, display, publish, distribute, translate, resize, format, cache, and otherwise use Merchant Content solely to operate, maintain, improve, market, and provide the Platform and related services.

5.13 User Generated Content

Customers and Users may submit reviews, ratings, comments, photographs, messages, suggestions, testimonials, and other materials. Users retain ownership of their original content but grant MenuCheck a worldwide, royalty-free license to display, reproduce, publish, and distribute such content in connection with operating and improving the Platform.

5.14 Feedback

Any ideas, suggestions, enhancement requests, bug reports, or other feedback voluntarily submitted to MenuCheck may be used without restriction or compensation. MenuCheck shall own all improvements derived from such feedback.

5.15 AI Generated Content

Where MenuCheck provides Artificial Intelligence tools to assist Merchants in generating menus, descriptions, translations, marketing materials, or customer communications, the Merchant remains solely responsible for reviewing and approving all AI-generated content before publication.

5.16 Merchant Data

Merchant transactional information remains the Merchant's business data. MenuCheck may process such information solely as necessary to provide the Services, comply with legal obligations, improve the Platform, detect fraud, generate analytics, and develop new features in accordance with applicable privacy laws.

5.17 Content Standards

All content submitted to the Platform must be lawful, accurate, non-infringing, and compliant with applicable laws. MenuCheck reserves the right to reject, remove, suspend, or disable access to content that violates these Terms or creates legal, operational, or reputational risk.

5.18 Content Removal

MenuCheck may remove or restrict access to any content reasonably believed to be false, misleading, defamatory, infringing, fraudulent, unlawful, malicious, or otherwise inconsistent with these Terms. Removal of content shall not create any obligation for MenuCheck to monitor all submissions.

5.19 Intellectual Property Infringement

Each User represents and warrants that all content submitted to the Platform is owned by the User or lawfully licensed. Users shall not upload or publish material that infringes copyrights, trademarks, patents, trade secrets, publicity rights, privacy rights, or any other proprietary rights. MenuCheck may immediately remove allegedly infringing material and suspend or terminate the responsible account.

5.20 DMCA Copyright Policy

MenuCheck complies with the Digital Millennium Copyright Act (DMCA). Copyright owners may submit valid notices identifying the protected work, the allegedly infringing material, contact information, a good-faith statement, a statement under penalty of perjury, and an authorized signature. MenuCheck may remove or disable access to challenged material while the matter is investigated.

5.21 Trademark Protection

The MenuCheck name, logo, trademarks, service marks, slogans, icons, trade dress, and branding are the exclusive property of MenuCheck. No User may imply sponsorship, endorsement, partnership, certification, or affiliation beyond the relationship expressly established under these Terms.

5.22 Monitoring and Enforcement

MenuCheck may investigate suspected violations of intellectual property rights, preserve evidence, cooperate with governmental authorities, seek injunctive relief, recover damages, and pursue any legal or equitable remedy available under applicable law.

5.23 Confidential Technology

Non-public information regarding the Platform, including software architecture, APIs, security methods, workflows, pricing logic, AI systems, and technical documentation, constitutes confidential and proprietary information. Unauthorized disclosure or misuse is strictly prohibited.

5.24 Platform Improvements

All upgrades, bug fixes, derivative works, enhancements, optimizations, AI improvements, integrations, new modules, and future developments created by MenuCheck shall remain the exclusive property of MenuCheck, regardless of whether inspired by Merchant or User suggestions.

5.25 Survival

The ownership provisions, licenses, confidentiality obligations, restrictions, enforcement rights, and all other intellectual property protections contained in this Section shall survive termination, suspension, expiration, or cancellation of any account or Service.

5.26 Reservation of Remedies

Nothing contained in this Section limits MenuCheck's right to seek temporary restraining orders, preliminary or permanent injunctions, monetary damages, attorneys' fees where permitted by law, or any other available remedy necessary to protect its intellectual property, confidential information, trade secrets, goodwill, or Platform Technology.

SECTION 6 — PRIVACY FRAMEWORK & DATA COLLECTION

6.1 Privacy Commitment

MenuCheck is committed to protecting the privacy, confidentiality, and security of personal information entrusted to the Platform. MenuCheck processes personal information in accordance with applicable laws, its Privacy Policy, and these Terms of Service. By accessing or using the Platform, Users acknowledge that they have reviewed and accepted the MenuCheck Privacy Policy.

6.2 Information We Collect

MenuCheck may collect information provided directly by Merchants and Customers, including names, business information, contact details, menu content, order history, payment confirmations, delivery information, and technical information such as IP addresses, browser types, device identifiers, operating systems, cookies, and diagnostic information necessary to operate and improve the Platform.

6.3 How We Use Information

Collected information may be used to provide the Services, process orders and payments, communicate with Users, prevent fraud, improve the Platform, develop new features, perform analytics, comply with legal obligations, enforce these Terms, and protect the security and integrity of the Platform.

6.4 Payment Information

MenuCheck does not store complete payment card information. Payment transactions are processed by authorized third-party payment processors that maintain PCI DSS compliance. MenuCheck receives only the information reasonably necessary to facilitate transactions, manage Merchant accounts, and provide customer support.

6.5 Cookies and Analytics

MenuCheck may use cookies, session identifiers, analytics technologies, log files, and similar tools to authenticate Users, maintain sessions, measure performance, improve functionality, detect fraud, and enhance the user experience. Users may disable cookies through browser settings; however, some Platform functionality may become unavailable.

6.6 Data Controller and Data Processor

Depending on the Services provided, MenuCheck may act either as an independent data controller or as a data processor acting on behalf of a Merchant. Each Merchant remains responsible for complying with privacy laws applicable to its own business operations.

6.7 Data Minimization

MenuCheck limits the collection and processing of personal information to what is reasonably necessary for legitimate business purposes and operation of the Platform.

6.8 Purpose Limitation

Personal information will be processed only for the purposes described in these Terms, the Privacy Policy, or as otherwise permitted or required by applicable law.

6.9 Accuracy of Information

Users agree to provide accurate and current information and promptly update any information that becomes inaccurate or incomplete.

6.10 Cross-Border Data Transfers

MenuCheck and its service providers may process information in jurisdictions outside the User's country of residence. By using the Platform, Users consent to such transfers where permitted by applicable law. MenuCheck will implement commercially reasonable safeguards designed to protect transferred information.

6.11 Communications

By creating an account, placing an order, subscribing to any Service, or otherwise using the Platform, Users expressly consent to receive communications from MenuCheck relating to their use of the Platform. Such communications may include operational, transactional, security, billing, customer support, and service-related notifications.

6.12 SMS Communications

Where available, MenuCheck may send SMS or MMS messages regarding order confirmations, order status, pickup notifications, delivery updates, authentication codes, fraud alerts, appointment reminders, and customer support. Standard carrier message and data rates may apply. Users may opt out of promotional SMS messages where permitted by law; however, transactional messages necessary to complete active transactions may continue.

6.13 Email Communications

MenuCheck may send emails regarding account registration, billing, subscription renewals, product updates, service announcements, security notices, order confirmations, and customer support. Promotional emails may be unsubscribed from at any time using the instructions contained within the communication. Transactional communications remain part of the Services.

6.14 Artificial Intelligence Services

Certain Platform features may utilize Artificial Intelligence technologies, including AI-powered telephone receptionists, chat assistants, automated customer support, menu generation, translation tools, scheduling assistants, and business automation services. AI-generated responses are intended solely to assist Users and may occasionally contain inaccuracies. Users remain responsible for independently verifying information before relying upon it.

6.15 Telephone Communications

Users acknowledge that MenuCheck and participating Merchants may communicate by telephone regarding customer orders, delivery coordination, fraud prevention, customer support, and account verification. Calls may be monitored or recorded for quality assurance, training, fraud prevention, legal compliance, and service improvement where permitted by applicable law.

6.16 Electronic Consent

Users consent to receive agreements, disclosures, notices, invoices, receipts, confirmations, and other legally required records electronically. Electronic communications satisfy any legal requirement that such records be provided in writing, to the fullest extent permitted by applicable law.

6.17 TCPA and CAN-SPAM Compliance

MenuCheck intends to conduct SMS, email, and telephone communications in accordance with applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and similar state and federal regulations. Users remain responsible for providing accurate contact information and updating it whenever changes occur.

6.18 AI Disclosure

Users acknowledge that certain communications may be initiated or assisted by Artificial Intelligence systems acting on behalf of MenuCheck or participating Merchants. AI systems are designed to improve efficiency and customer service but should not be interpreted as licensed professionals or legal representatives.

6.19 Human Review

Where appropriate, MenuCheck may permit human review of AI-assisted interactions for quality assurance, system improvement, fraud prevention, legal compliance, and customer support. Such reviews shall be conducted in accordance with applicable privacy laws and the MenuCheck Privacy Policy.

6.20 Third-Party Service Providers

MenuCheck may utilize independent third-party providers for payment processing, cloud hosting, email delivery, SMS messaging, mapping services, analytics, artificial intelligence, and other operational functions. Such providers maintain their own terms and privacy policies, and MenuCheck is not responsible for their independent practices except as required by applicable law.

6.21 Information Security

MenuCheck maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, disclosure, alteration, destruction, or misuse. Security measures may include encryption, access controls, authentication mechanisms, logging, monitoring, vulnerability assessments, and periodic security reviews.

6.22 Security Incidents

In the event MenuCheck becomes aware of a confirmed security incident involving unauthorized access to personal information, MenuCheck will investigate the incident, take reasonable steps to mitigate its effects, and provide notifications where required by applicable law.

6.23 Data Retention

MenuCheck retains personal and business information only for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce these Terms, maintain business records, or satisfy regulatory requirements. Information may thereafter be securely deleted, anonymized, or aggregated.

6.24 Privacy Rights

Subject to applicable law, Users may have the right to request access to personal information, request correction of inaccurate information, request deletion of certain information, request portability where applicable, object to certain processing activities, or request restrictions on processing. Requests shall be evaluated in accordance with applicable legal requirements.

6.25 Regulatory Compliance

MenuCheck designs its privacy program to support compliance with applicable privacy and data protection laws, including, where applicable, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Texas Data Privacy and Security Act (TDPSA), and other applicable federal, state, or international privacy laws.

6.26 International Data Transfers

Where information is transferred across national borders, MenuCheck will implement commercially reasonable safeguards designed to protect personal information consistent with applicable legal requirements.

6.27 Children's Privacy

The Platform is not directed toward children under thirteen (13) years of age. MenuCheck does not knowingly collect personal information from children under 13 and will promptly remove such information if discovered.

6.28 Privacy Policy Updates

MenuCheck may update its Privacy Policy from time to time to reflect changes in technology, legal requirements, business practices, or Platform functionality. The most current version will be made available through the Platform or MenuCheck's official website.

6.29 Survival

The privacy, confidentiality, data protection, information security, and compliance obligations contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service to the extent permitted by applicable law.

SECTION 7 — ACCEPTABLE USE POLICY – PLATFORM STANDARDS

7.1 Purpose

The Acceptable Use Policy establishes the standards governing access to and use of the MenuCheck Platform. All Users agree to use the Platform lawfully, responsibly, and in compliance with these Terms and applicable laws.

7.2 Prohibited Activities

Users shall not engage in fraud, impersonation, unauthorized access, malware distribution, scraping, reverse engineering, denial-of-service attacks, deceptive practices, or any activity that interferes with the Platform or other Users.

7.3 Merchant Responsibilities

Merchants remain solely responsible for the accuracy of menus, pricing, product descriptions, operating hours, tax compliance, allergen disclosures, and compliance with food safety laws.

7.4 Prohibited Products and Services

The Platform may not be used to promote or sell illegal goods, counterfeit products, prohibited controlled substances, unlawful gambling, infringing materials, or any other products prohibited by applicable law or MenuCheck policy.

7.5 Customer Responsibilities

Customers shall place orders in good faith, provide accurate information, respect Merchants and delivery personnel, and refrain from fraudulent refunds or abusive conduct.

7.6 Reviews and User Feedback

Reviews and ratings must reflect genuine experiences. MenuCheck may remove false, defamatory, unlawful, fraudulent, or infringing content.

7.7 Fair Use of the Platform

Users shall not overload, abuse, automate, manipulate rankings, generate fake orders, inflate reviews, or otherwise interfere with normal Platform operations.

7.8 Account Suspension and Enforcement

MenuCheck may suspend or terminate accounts involved in fraud, abuse, security violations, repeated misconduct, or violations of these Terms.

7.9 Monitoring and Investigation

MenuCheck may monitor activity, preserve records, investigate suspected violations, and cooperate with law enforcement where required by law.

7.10 Reservation of Rights

MenuCheck reserves the right to modify services, remove content, deny access, suspend accounts, and pursue available legal remedies.

7.11 Fraud Prevention and Platform Integrity

MenuCheck may implement automated and manual fraud detection systems, identity verification, transaction reviews, and security controls to protect the Platform, Merchants, and Customers.

7.12 Survival

The obligations, restrictions, enforcement rights, and remedies contained in this Section survive termination or suspension of any account to the extent permitted by applicable law.

SECTION 8 — ELECTRONIC COMMUNICATIONS & CONSENT

8.1 Electronic Communications

By creating an account, placing an order, subscribing to any MenuCheck Service, or otherwise using the Platform, Users expressly consent to receive communications from MenuCheck by electronic means, including email, SMS, push notifications, in-app messages, and other electronic methods permitted by applicable law.

8.2 Transactional Communications

MenuCheck may send transactional communications necessary to operate the Platform, including account verification, password resets, order confirmations, billing notices, security alerts, refund confirmations, subscription renewals, and customer support responses. These communications are considered part of the Services and generally cannot be disabled while an account remains active.

8.3 Marketing Communications

Where permitted by applicable law, MenuCheck may send promotional communications regarding new products, services, discounts, features, loyalty programs, educational content, and marketing opportunities. Users may unsubscribe from promotional communications at any time using the instructions provided in the communication.

8.4 SMS & Text Messaging

MenuCheck may send SMS or MMS messages relating to Platform activity, including order updates, authentication codes, delivery notifications, appointment reminders, and fraud alerts. Standard carrier message and data rates may apply. Participation in promotional SMS programs is voluntary except where messaging is necessary to complete an active transaction.

8.5 Express Written Consent

Where required by law, Users consent to receive electronic communications by providing their contact information and affirmatively accepting these Terms. Such consent may satisfy applicable electronic consent requirements.

8.6 Opt-Out Procedures

Users may opt out of promotional communications using the unsubscribe mechanism provided. Opting out of marketing communications does not affect transactional or legally required notices.

8.7 Consent Records

MenuCheck may maintain records of electronic consent, including timestamps, IP addresses, device identifiers, and acceptance logs, to demonstrate compliance with applicable legal requirements.

8.8 Communication Preferences

Users are responsible for maintaining current communication preferences and valid contact information. MenuCheck shall not be responsible for missed notices resulting from outdated or inaccurate contact information.

TELEPHONE COMMUNICATIONS & ARTIFICIAL INTELLIGENCE

8.9 Telephone Communications

Users acknowledge that MenuCheck and participating Merchants may communicate by telephone regarding customer orders, delivery coordination, customer support, fraud prevention, account verification, billing matters, and other operational issues related to the Services.

8.10 Artificial Intelligence Communications

Certain communications may be initiated or assisted by Artificial Intelligence technologies, including AI telephone receptionists, virtual assistants, automated chat support, appointment scheduling, order assistance, and frequently asked questions. AI-generated responses are intended to facilitate customer service and may require independent verification.

8.11 Consent to Electronic Records

Users consent to receive agreements, disclosures, notices, invoices, receipts, confirmations, and other legally required records electronically. Electronic records shall have the same legal force and effect as paper records to the fullest extent permitted by applicable law.

8.12 Updating Contact Information

Users agree to maintain accurate email addresses, telephone numbers, and other contact information. MenuCheck shall not be responsible for delays or failures in communication resulting from inaccurate or outdated information supplied by the User.

8.13 AI Call Disclosure

Users acknowledge that calls may be answered by an Artificial Intelligence-powered virtual assistant acting on behalf of MenuCheck or a participating Merchant. AI systems may collect and process information necessary to provide requested Services.

8.14 Voice Recording Consent

Where permitted by applicable law, telephone calls may be monitored or recorded for quality assurance, training, fraud prevention, dispute resolution, legal compliance, and service improvement.

8.15 Human Escalation

Where appropriate, AI-assisted communications may be transferred to a human representative if additional review, judgment, or assistance is required.

8.16 AI Limitations

Artificial Intelligence technologies may occasionally generate incomplete, inaccurate, or outdated responses. Users remain responsible for independently verifying information that may affect legal, financial, medical, or business decisions.

8.17 Call Quality Monitoring

MenuCheck may analyze communications to improve service quality, system performance, security, and customer satisfaction, subject to applicable privacy laws and the MenuCheck Privacy Policy.

8.18 Service Availability

Although MenuCheck strives to deliver communications promptly, delivery depends upon third-party providers including internet service providers, wireless carriers, cloud providers, email providers, SMS gateways, and other communication networks. MenuCheck does not guarantee successful or uninterrupted delivery of electronic communications.

8.19 Emergency Communications

The Platform is not designed or intended for emergency communications. Users shall not rely on MenuCheck, its messaging systems, Artificial Intelligence services, or participating Merchants to contact emergency responders. In any emergency, Users should immediately contact the appropriate emergency services.

8.20 Consent Withdrawal

Where permitted by applicable law, Users may withdraw consent to receive certain electronic communications. Withdrawal of consent may limit or terminate access to Platform features that depend upon such communications. MenuCheck may discontinue Services that cannot reasonably be provided without electronic communications.

8.21 AI Telephone Disclosure

Users acknowledge that certain telephone calls may be answered by an Artificial Intelligence-powered virtual assistant acting on behalf of MenuCheck or a participating Merchant. Conversations may be processed or recorded to improve quality, accuracy, fraud prevention, and overall system performance in accordance with applicable law.

8.22 Failure of Delivery

MenuCheck shall not be liable for delayed, failed, blocked, filtered, or undelivered communications caused by internet outages, carrier restrictions, spam filtering, inaccurate contact information, technical failures, or circumstances beyond MenuCheck's reasonable control.

8.23 Electronic Notice Procedures

Official notices, disclosures, amendments, billing notices, policy updates, and other communications may be provided electronically through email, in-app notifications, the Platform, SMS, or other electronic means permitted by law.

8.24 Reservation of Rights

MenuCheck reserves the right to modify, suspend, discontinue, or replace any communication channel, notification method, Artificial Intelligence service, or communication provider at any time without liability, provided such changes do not materially impair the core functionality of the Platform.

8.25 Survival

The communication, notification, consent, privacy, and compliance provisions contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service to the fullest extent permitted by applicable law.

SECTION 9 — THIRD-PARTY PROVIDERS & PAYMENT SERVICES

9.1 Third-Party Service Providers

MenuCheck integrates with independent third-party providers to deliver payment processing, cloud hosting, email delivery, SMS messaging, mapping services, artificial intelligence, analytics, delivery services, and other operational features. These providers operate independently and maintain their own contractual terms, privacy policies, pricing, and service levels.

9.2 Payment Processing Services

Electronic payments are processed exclusively by authorized third-party payment processors. MenuCheck is not a bank, financial institution, money transmitter, or payment processor unless expressly stated otherwise. Payment processors retain sole authority over underwriting decisions, merchant approvals, transaction monitoring, reserves, account restrictions, chargeback administration, and settlement of funds.

9.3 Delivery Providers

Where delivery services are available, deliveries may be performed by independent third-party providers or participating Merchants. MenuCheck does not employ delivery drivers, determine delivery routes, or control delivery performance, vehicle conditions, pricing, or driver conduct.

9.4 Independent Contractor Status

All third-party providers operate as independent contractors. Nothing contained in these Terms shall be interpreted as creating an employment, agency, partnership, franchise, joint venture, or fiduciary relationship between MenuCheck and any third-party provider.

9.5 Settlement Delays and Risk Reserves

Settlement of funds, payment holds, rolling reserves, delayed settlements, transaction reviews, and account restrictions are determined solely by the applicable payment processor. MenuCheck shall not be liable for delays, reserve requirements, or underwriting decisions imposed by any payment processor.

9.6 Regulatory Compliance

Merchants remain solely responsible for complying with payment network rules, tax laws, anti-money laundering requirements, sanctions laws, consumer protection regulations, and any other legal obligations applicable to their business operations.

TECHNOLOGY INTEGRATIONS & DIGITAL SERVICES

9.7 Third-Party Technology Integrations

MenuCheck may integrate with third-party software and services, including POS systems, accounting platforms, CRM software, inventory management systems, reservation platforms, APIs, payment gateways, and other business technologies. Continued availability depends upon the respective third-party provider.

9.8 Domain Names and Website Services

Merchants remain solely responsible for registering, renewing, and maintaining ownership of any domain names connected to their MenuCheck website. MenuCheck is not responsible for expired domains, registrar disputes, DNS errors, or interruptions caused by third-party registrars or hosting providers.

9.9 Google Business Profile & Search Services

MenuCheck may assist Merchants with Google Business Profile, search visibility, maps, and online ordering integrations. MenuCheck does not control search algorithms, rankings, approvals, customer reviews, or changes implemented by Google or other search providers and makes no guarantee regarding search performance.

9.10 Artificial Intelligence Services

Certain Platform features may utilize Artificial Intelligence technologies provided by MenuCheck or third-party providers. AI-generated responses are intended to assist Users but may occasionally contain inaccuracies. Users should independently verify information affecting legal, financial, medical, or business decisions.

9.11 API Availability

Application Programming Interfaces (APIs) may be modified, limited, suspended, or discontinued at any time by MenuCheck or third-party providers. MenuCheck does not guarantee uninterrupted API availability or compatibility with external systems.

9.12 Third-Party Software Licenses

Third-party software integrated with the Platform remains subject to the applicable provider's license agreements and terms of service. Users are responsible for complying with those independent agreements.

9.13 Data Synchronization

Synchronization of information between MenuCheck and third-party services depends upon external systems and network availability. MenuCheck shall not be liable for delays, incomplete synchronization, duplicate records, or failures caused by third-party technologies.

MARKETPLACE RELATIONSHIPS, LIABILITY & FUTURE INTEGRATIONS

9.14 Third-Party Availability

MenuCheck is not responsible for interruptions, outages, delays, or failures affecting third-party providers, including payment processors, cloud infrastructure, internet service providers, SMS gateways, email providers, mapping services, social media platforms, or delivery providers. Availability of these services depends upon the respective provider.

9.15 Marketplace Relationship

MenuCheck operates solely as a technology platform connecting independent Merchants with Customers. MenuCheck is not the seller of food or beverages, does not prepare food, does not own restaurant inventory, and does not guarantee product quality, availability, legality, or suitability.

9.16 Independent Business Relationship

Nothing contained in these Terms creates a partnership, joint venture, franchise, employment, agency, fiduciary, or representative relationship between MenuCheck and any Merchant, Customer, payment processor, delivery provider, or other third party. Each party remains solely responsible for its own operations and legal compliance.

9.17 Future Integrations

MenuCheck may develop, add, modify, suspend, discontinue, or replace integrations with third-party technologies at any time. References to future integrations do not constitute a contractual obligation that any particular integration will be released or maintained.

9.18 Limitation Regarding Third-Party Services

To the fullest extent permitted by law, MenuCheck shall not be liable for damages arising from acts, omissions, outages, pricing changes, software defects, API modifications, policy changes, or decisions made by independent third-party providers.

9.19 Right to Change Technology Providers

MenuCheck reserves the right to replace, migrate, or modify payment processors, delivery providers, cloud infrastructure, communications providers, Artificial Intelligence providers, APIs, hosting providers, and other technology partners without liability, provided such changes do not materially reduce the core functionality of the Platform.

9.20 Platform Neutrality

MenuCheck acts as a neutral technology provider facilitating transactions between independent Merchants and Customers. MenuCheck does not assume responsibility for the independent business decisions, operational practices, or legal compliance of participating Merchants.

9.21 Survival

The provisions contained in this Section regarding third-party relationships, marketplace operations, limitations of liability, technology providers, and future integrations shall survive suspension, termination, expiration, or cancellation of any account or Service.

SECTION 10 — PLATFORM WARRANTY DISCLAIMER

10.1 Platform Provided "As Is"

The MenuCheck Platform, including all software, websites, mobile applications, APIs, artificial intelligence features, communications, integrations, and related Services, is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, MenuCheck disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, compatibility, and performance.

10.2 No Warranty of Continuous Availability

MenuCheck does not warrant that the Platform will operate continuously, without interruption, or free from errors. Scheduled maintenance, emergency repairs, software updates, third-party outages, cyber incidents, and events beyond MenuCheck's reasonable control may affect Service availability.

10.3 No Warranty Regarding Restaurant Operations

MenuCheck is solely a technology provider and makes no warranty regarding food quality, preparation, pricing, ingredient accuracy, allergen disclosures, inventory, operating hours, customer service, or compliance by participating Merchants. Each Merchant remains solely responsible for its own business operations.

10.4 No Warranty Regarding Delivery Services

Where delivery services are available, MenuCheck does not warrant delivery times, driver availability, routing, vehicle condition, delivery pricing, or successful completion of deliveries. Delivery services are performed by independent third-party providers or participating Merchants.

10.5 Maintenance Windows

MenuCheck may temporarily suspend or limit access to the Platform to perform scheduled maintenance, upgrades, security patches, or infrastructure improvements without liability.

10.6 Beta and Experimental Features

From time to time MenuCheck may release beta, preview, pilot, or experimental features. Such features are provided for evaluation purposes only, may contain defects, may change substantially, and may be discontinued at any time without notice.

10.7 No Performance Guarantee

MenuCheck does not guarantee that use of the Platform will satisfy every operational requirement of a User or Merchant, nor that the Platform will be error-free, uninterrupted, or suitable for every business model.

THIRD-PARTY SERVICES & ARTIFICIAL INTELLIGENCE DISCLAIMER

10.8 No Warranty Regarding Third-Party Services

MenuCheck does not warrant the performance, availability, security, reliability, or continued operation of third-party services integrated with the Platform, including payment processors, delivery providers, cloud infrastructure, hosting providers, domain registrars, SMS gateways, email providers, mapping services, POS systems, or other external technologies.

10.9 Artificial Intelligence Disclaimer

Artificial Intelligence features are provided solely to assist Users and Merchants. AI-generated responses may be inaccurate, incomplete, outdated, or unsuitable for a particular purpose. Users remain solely responsible for independently verifying all information before relying upon it.

10.10 Internet and Technology Risks

The User acknowledges that Internet-based services are inherently subject to interruptions, latency, cyberattacks, software defects, hardware failures, telecommunications outages, and other technological risks beyond MenuCheck's reasonable control.

10.11 Security Disclaimer

Although MenuCheck implements commercially reasonable administrative, technical, and organizational safeguards, no electronic system or transmission can be guaranteed to be completely secure. MenuCheck disclaims all warranties relating to absolute security and uninterrupted protection against cyber threats.

10.12 Third-Party API Disclaimer

MenuCheck shall not be responsible for failures, interruptions, modifications, or discontinuation of third-party APIs, integrations, or external software platforms upon which certain Platform functionality may depend.

10.13 Cloud Infrastructure Disclaimer

Platform availability depends in part upon cloud infrastructure providers. MenuCheck shall not be liable for outages, latency, maintenance events, infrastructure failures, or service interruptions originating from cloud service providers.

10.14 Cybersecurity Disclaimer

Users acknowledge that malware, ransomware, phishing attacks, denial-of-service attacks, unauthorized access, and other cybersecurity incidents may occur despite reasonable security measures. MenuCheck disclaims any warranty that such events will never occur.

10.15 Data Transmission Disclaimer

Information transmitted over the Internet may be intercepted, delayed, corrupted, or lost. Users assume the inherent risks associated with electronic communications and Internet-based technologies.

BUSINESS, REGULATORY & LEGAL DISCLAIMER

10.16 No Business Guarantee

MenuCheck does not guarantee increased sales, revenue, profits, customer traffic, search rankings, operational efficiency, customer retention, or business growth. Business success depends upon numerous factors beyond MenuCheck's reasonable control.

10.17 Beta Features

Beta, preview, pilot, or early-access features are provided solely for testing and evaluation. Such features may contain defects, may change substantially, and may be discontinued at any time without notice or liability.

10.18 No Legal, Tax, or Professional Advice

Information provided by MenuCheck, including AI-generated content, documentation, educational materials, and customer support communications, is provided for general informational purposes only and does not constitute legal, tax, accounting, financial, regulatory, or professional advice.

10.19 Jurisdictional Limitations

Some jurisdictions do not permit the exclusion or limitation of certain warranties. Accordingly, portions of this Section may not apply to the extent prohibited by applicable law. In such jurisdictions, MenuCheck's warranties shall be limited to the maximum extent permitted by law.

10.20 No Warranty Regarding Regulatory Approval

MenuCheck does not warrant that use of the Platform satisfies any licensing, tax, payment processing, health, advertising, governmental, or regulatory requirement applicable to any Merchant. Each Merchant remains solely responsible for complying with all applicable laws.

10.21 Financial and Business Disclaimer

MenuCheck makes no representation regarding profitability, return on investment, financial performance, or commercial success arising from use of the Platform. Any projections, examples, or estimates are illustrative only.

10.22 Reservation of Rights

MenuCheck reserves all rights not expressly granted under these Terms and may modify, suspend, discontinue, or replace any Platform feature or Service as permitted by these Terms and applicable law.

10.23 Survival

The warranty disclaimers, exclusions, limitations, and legal protections contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service to the fullest extent permitted by applicable law.

SECTION 11 — GENERAL LIMITATION OF LIABILITY

11.1 General Limitation of Liability

To the fullest extent permitted by applicable law, MenuCheck and its affiliates, officers, directors, employees, licensors, contractors, and service providers shall not be liable for any loss, damage, claim, expense, or liability arising out of or relating to the use of, or inability to use, the Platform or any related Services.

11.2 Maximum Liability

Except where prohibited by law, the aggregate liability of MenuCheck for all claims arising out of or relating to these Terms or the Platform shall not exceed the total amount of subscription fees actually paid by the Merchant to MenuCheck during the twelve (12) months immediately preceding the event giving rise to the claim.

11.3 No Liability for Merchant Operations

MenuCheck is solely a technology provider and assumes no responsibility for restaurant operations, food preparation, pricing, inventory, tax collection, employee conduct, health code compliance, customer service, or business management decisions made by any Merchant.

11.4 No Liability for Customer Conduct

MenuCheck shall not be responsible for fraudulent orders, abusive conduct, payment disputes, customer misconduct, false reviews, chargebacks initiated by customers, or other actions taken independently by Platform Users.

11.5 Allocation of Risk

The parties acknowledge that the pricing of the Services reflects the allocation of risk established in these Terms. The liability limitations contained herein constitute an essential basis of the bargain between the parties.

11.6 Commercial Reasonableness

The parties agree that the limitations of liability contained in this Section are commercially reasonable, negotiated in good faith, and appropriate in light of the nature of the Services provided.

11.7 Independent Business Decisions

Each Merchant remains solely responsible for its own operational, financial, legal, tax, employment, marketing, and business decisions. MenuCheck does not direct or control Merchant business activities.

11.8 Customer Responsibility

Customers remain solely responsible for reviewing order details, delivery information, pricing, allergies, dietary restrictions, and other purchase-related information before submitting an order through the Platform.

EXCLUDED DAMAGES & THIRD-PARTY LIABILITY

11.9 Excluded Damages

To the fullest extent permitted by law, MenuCheck shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or relating to the Platform or the Services, even if advised of the possibility of such damages.

11.10 Lost Profits and Business Opportunities

MenuCheck shall not be liable for lost profits, lost revenue, loss of goodwill, business interruption, loss of anticipated savings, loss of contracts, or loss of business opportunities resulting from the use of or inability to use the Platform.

11.11 Third-Party Services

MenuCheck shall not be responsible for acts, omissions, failures, outages, pricing changes, API modifications, or service interruptions caused by independent third-party providers, including payment processors, delivery companies, cloud providers, internet service providers, and external software vendors.

11.12 Platform Interruptions

Temporary interruptions, maintenance periods, software updates, infrastructure failures, cyber incidents, telecommunications outages, or events beyond MenuCheck's reasonable control shall not give rise to liability.

11.13 Data Loss

Users are responsible for maintaining independent backups of their business information. MenuCheck shall not be liable for loss, corruption, deletion, delay, or unavailability of data except where required by applicable law.

11.14 Cybersecurity Events

MenuCheck shall not be liable for damages arising from malware, ransomware, phishing attacks, denial-of-service attacks, unauthorized access, or other cybersecurity incidents despite commercially reasonable security measures.

11.15 Artificial Intelligence Outputs

AI-generated recommendations, translations, summaries, and responses are provided solely as informational assistance. Users remain solely responsible for independently verifying any information before relying upon it.

11.16 Force Majeure

MenuCheck shall not be liable for delays or failures caused by natural disasters, governmental actions, labor disputes, acts of war, terrorism, pandemics, utility failures, internet disruptions, or other events beyond its reasonable control.

REGULATORY LIMITATIONS & SURVIVAL

11.17 Regulatory Limitations

Nothing in this Section shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law. Where a jurisdiction does not permit certain liability limitations, MenuCheck's liability shall be limited to the maximum extent permitted by law.

11.18 Consumer Rights

These Terms do not limit any mandatory consumer rights that cannot legally be waived. Any unenforceable limitation shall be modified only to the minimum extent necessary to comply with applicable law while preserving the remaining provisions.

11.19 Reservation of Rights

MenuCheck expressly reserves every defense, limitation, exclusion, immunity, and protection available under these Terms and applicable law. The failure to enforce any limitation of liability shall not constitute a waiver of future enforcement.

11.20 Essential Purpose

The parties acknowledge that the liability limitations contained in this Agreement are fundamental elements of the commercial relationship and form an essential basis of the bargain between the parties.

11.21 Cumulative Remedies

Except where expressly limited by these Terms, all rights and remedies available to MenuCheck are cumulative and may be exercised independently or concurrently.

11.22 Independent Provisions

Each limitation, exclusion, disclaimer, and allocation of risk contained in this Section is intended to operate independently. If one provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.23 Severability of Liability Limitations

If any liability limitation is determined by a court of competent jurisdiction to be unenforceable, that provision shall be modified only to the minimum extent necessary, and the remainder of this Section shall remain enforceable.

11.24 Survival

All limitations of liability, exclusions of damages, allocations of risk, disclaimers, defenses, and related protections contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service to the fullest extent permitted by applicable law.

SECTION 12 — MERCHANT INDEMNIFICATION

12.1 Merchant Indemnification

The Merchant shall defend, indemnify, and hold harmless MenuCheck, its affiliates, officers, directors, employees, contractors, licensors, successors, and assigns from and against any claims, damages, liabilities, losses, costs, expenses, judgments, penalties, and reasonable attorneys' fees arising out of or relating to the Merchant's use of the Platform or breach of these Terms.

12.2 Customer Claims

The Merchant assumes sole responsibility for claims relating to food quality, preparation, ingredients, allergens, pricing, refunds, product descriptions, advertising, customer service, delivery performed by the Merchant, and fulfillment of customer orders.

12.3 Restaurant Operations

The Merchant shall indemnify MenuCheck against claims arising from restaurant operations, employee conduct, labor disputes, workplace injuries, food safety violations, sanitation issues, licensing matters, tax obligations, and regulatory compliance.

12.4 Food Safety & Regulatory Compliance

The Merchant is solely responsible for complying with all applicable health, food safety, alcohol, licensing, consumer protection, tax, and regulatory requirements governing its business.

12.5 Merchant Defense Obligations

Upon written notice, the Merchant shall promptly assume the defense of any claim subject to indemnification using counsel reasonably acceptable to MenuCheck. Failure to do so permits MenuCheck to assume the defense at the Merchant's expense.

12.6 Government Investigations

The Merchant shall indemnify MenuCheck against governmental investigations, regulatory proceedings, administrative actions, fines, penalties, or enforcement measures arising from the Merchant's business activities or legal noncompliance.

12.7 Employment and Tax Claims

The Merchant shall be solely responsible for employment-related claims, payroll obligations, workers' compensation, unemployment insurance, tax liabilities, and similar obligations relating to its workforce and operations.

12.8 Intellectual Property Claims

The Merchant shall indemnify MenuCheck against claims alleging that Merchant-provided content, trademarks, menus, photographs, logos, marketing materials, or other materials infringe the intellectual property rights of any third party.

USER RESPONSIBILITIES & THIRD-PARTY CLAIMS

12.9 User Conduct

Each User shall be solely responsible for their conduct while using the Platform. Users agree to indemnify and hold MenuCheck harmless from claims arising out of fraudulent, unlawful, abusive, deceptive, or unauthorized activities committed through their account.

12.10 Third-Party Claims

Users shall indemnify MenuCheck against claims brought by third parties arising from the User's violation of these Terms, misuse of the Platform, or infringement of the rights of another person or entity.

12.11 Payment Disputes

Merchants remain solely responsible for payment disputes, chargebacks, refund requests, payment reversals, unauthorized transactions, and customer billing complaints relating to their business operations.

12.12 Intellectual Property Infringement

Users shall defend and indemnify MenuCheck against claims alleging infringement arising from content, trademarks, logos, menus, photographs, videos, software, or other materials supplied by the User or Merchant.

12.13 Fraudulent Orders

Merchants assume responsibility for losses arising from fraudulent orders, identity theft, stolen payment methods, fake accounts, or other fraudulent activity unless directly caused by MenuCheck's willful misconduct.

12.14 Chargeback Claims

MenuCheck shall not be liable for chargeback investigations, processor assessments, reserve requirements, or financial losses resulting from payment network disputes handled by third-party processors.

12.15 AI Misuse

Users shall indemnify MenuCheck against claims resulting from misuse of Artificial Intelligence features, including unlawful content generation, misleading communications, discriminatory outputs intentionally created by the User, or violations of applicable law.

12.16 Data Privacy & Security Violations

Users and Merchants shall indemnify MenuCheck against claims arising from unauthorized disclosure of personal information, security incidents caused by their own systems, privacy law violations, or unauthorized access resulting from their negligence.

DEFENSE PROCEDURES, SETTLEMENT & SURVIVAL

12.17 Defense of Claims

Upon receiving written notice of a claim subject to indemnification, the indemnifying party shall promptly assume the defense using legal counsel reasonably acceptable to the indemnified party. Failure to timely assume the defense permits the indemnified party to defend the claim at the indemnifying party's expense.

12.18 Settlement Authority

No indemnified claim may be settled in a manner that admits liability, imposes obligations, or adversely affects the rights or reputation of MenuCheck without MenuCheck's prior written consent, which shall not be unreasonably withheld.

12.19 Cooperation

The parties agree to reasonably cooperate in the investigation, defense, and resolution of any indemnified claim. The indemnifying party shall reimburse reasonable out-of-pocket expenses incurred in providing such cooperation where permitted by law.

12.20 Independent Counsel

MenuCheck may participate in the defense of any claim with counsel of its own choosing at its own expense, or at the indemnifying party's expense where a conflict of interest or other legal basis justifies separate representation.

12.21 Emergency Injunctive Relief

Nothing in this Section limits MenuCheck's right to seek temporary restraining orders, preliminary injunctions, permanent injunctions, or other equitable relief to protect its intellectual property, confidential information, trade secrets, or Platform Technology.

12.22 Cumulative Remedies

The indemnification rights provided under these Terms are cumulative and in addition to any other contractual, statutory, or equitable rights and remedies available to MenuCheck.

12.23 Reservation of Rights

MenuCheck expressly reserves all defenses, immunities, rights, remedies, and legal protections available under these Terms or applicable law. Failure to enforce any indemnification provision shall not constitute a waiver of future enforcement.

12.24 Survival

All indemnification obligations, defense responsibilities, reimbursement duties, settlement restrictions, and related legal protections contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service to the fullest extent permitted by applicable law.

SECTION 13 — ARBITRATION AGREEMENT

13.1 Agreement to Arbitrate

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be resolved exclusively through binding arbitration rather than in court.

13.2 Scope of Arbitration

The arbitration agreement applies to contract, tort, statutory, equitable, consumer protection, privacy, intellectual property, and other claims arising from or relating to the Platform or these Terms.

13.3 Waiver of Jury Trial

To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury for disputes subject to this arbitration agreement.

13.4 Waiver of Class Actions

All claims shall be brought solely on an individual basis. Class actions, collective actions, representative actions, and private attorney general actions are waived to the maximum extent permitted by law.

13.5 Federal Arbitration Act

This arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§1–16), which preempts inconsistent state laws where applicable.

13.6 Delegation of Arbitrability

The arbitrator shall have exclusive authority to determine issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except where prohibited by law.

13.7 Individual Arbitration Only

No arbitration shall be consolidated with any other proceeding without the written consent of all affected parties.

13.8 Small Claims & Emergency Relief

Either party may pursue qualifying claims in small claims court where jurisdiction exists. Nothing limits MenuCheck's right to seek temporary restraining orders or other emergency equitable relief to protect intellectual property, confidential information, or Platform security.

ARBITRATION PROCEDURES & GOVERNING LAW

13.9 Arbitration Procedures

Arbitration shall be administered by a nationally recognized arbitration administrator under its applicable commercial or consumer arbitration rules, except as modified by these Terms. The arbitrator shall have authority to grant any remedy available under applicable law consistent with this Agreement.

13.10 Arbitration Costs

Each party shall bear its own attorneys' fees and costs unless otherwise required by applicable law or awarded by the arbitrator. Administrative and arbitrator fees shall be allocated in accordance with the applicable arbitration rules unless the arbitrator determines otherwise.

13.11 Governing Law

These Terms and any dispute arising from or relating to the Platform shall be governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles, except where the Federal Arbitration Act governs arbitration issues.

13.12 Venue

To the extent court proceedings are permitted under these Terms, the parties agree that the state or federal courts located in Harris County, Texas shall have exclusive jurisdiction and venue, unless applicable law requires otherwise.

13.13 Selection of Arbitrator

The arbitrator shall be selected in accordance with the rules of the applicable arbitration administrator. If the parties cannot agree, the administrator shall appoint the arbitrator pursuant to its rules.

13.14 Remote Hearings

Arbitration hearings may be conducted remotely by videoconference, telephone, or other electronic means when permitted by the administrator or agreed by the parties.

13.15 Confidential Arbitration

Except as required by law, the parties shall maintain the confidentiality of the arbitration proceedings, evidence, submissions, testimony, and award.

13.16 Enforcement of Awards

Any final arbitration award may be entered and enforced in any court of competent jurisdiction. The prevailing party may seek confirmation of the award as permitted by applicable law.

EXCEPTIONS, JUDICIAL RELIEF & SURVIVAL

13.17 Injunctive Relief

Nothing in this arbitration agreement prevents MenuCheck from seeking temporary restraining orders, preliminary injunctions, permanent injunctions, or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, trade secrets, Platform security, or proprietary technology.

13.18 Intellectual Property Claims

Claims involving copyrights, trademarks, patents, trade secrets, confidential information, or other intellectual property rights may be pursued directly in a court of competent jurisdiction where permitted by applicable law.

13.19 Time Limitation for Claims

To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the claim first arose or such claim shall be permanently barred, unless a longer period is required by applicable law.

13.20 Court Jurisdiction

For matters not subject to arbitration, or where judicial intervention is expressly permitted, the parties consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

13.21 Severability of Arbitration

If any portion of this arbitration agreement is held unenforceable, that provision shall be modified only to the minimum extent necessary to comply with applicable law, and the remaining provisions shall remain fully enforceable.

13.22 Reservation of Rights

MenuCheck expressly reserves all legal and equitable rights, remedies, defenses, and protections available under these Terms and applicable law. Failure to enforce any provision shall not constitute a waiver of future enforcement.

13.23 Survival of Arbitration Agreement

The arbitration agreement, jury trial waiver, class action waiver, governing law provisions, jurisdiction clauses, and all dispute resolution procedures contained in this Section shall survive suspension, termination, expiration, or cancellation of any account or Service.

SECTION 14 — GENERAL CONTRACT PROVISIONS

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements expressly incorporated by reference, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, communications, proposals, and agreements relating to the Platform.

14.2 Amendments

MenuCheck may amend these Terms from time to time. Material changes will become effective as provided in the updated Terms. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

14.3 Assignment

Users and Merchants may not assign or transfer these Terms without MenuCheck's prior written consent. MenuCheck may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

14.4 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between MenuCheck and any User or Merchant. Each party acts as an independent contractor.

14.5 No Third-Party Beneficiaries

Except as expressly provided, these Terms are intended solely for the benefit of the parties and do not create rights in favor of any third party.

14.6 Successors and Assigns

These Terms shall bind and benefit the parties and their respective permitted successors and assigns.

14.7 Electronic Signatures

Electronic signatures, click-through acceptances, digital acknowledgments, and similar electronic methods shall have the same legal force and effect as handwritten signatures to the fullest extent permitted by applicable law.

14.8 Authority to Bind

Any individual accepting these Terms on behalf of a business entity represents and warrants that they possess full legal authority to bind that entity to these Terms.

INTERPRETATION & CONTRACT ADMINISTRATION

14.9 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be modified only to the minimum extent necessary to make it enforceable while preserving its original intent.

14.10 Waiver

No waiver of any provision of these Terms shall be effective unless made in writing by MenuCheck. Failure to enforce any right or provision shall not constitute a waiver of future enforcement.

14.11 Force Majeure

MenuCheck shall not be liable for delays or failures resulting from events beyond its reasonable control, including natural disasters, governmental actions, labor disputes, war, terrorism, pandemics, cyberattacks, utility failures, internet outages, or failures of third-party service providers.

14.12 Headings

Section headings and titles are included solely for convenience and shall not affect the interpretation or construction of these Terms.

14.13 Interpretation

These Terms shall be interpreted fairly and not strictly for or against either party by reason of authorship. Words such as 'including' shall mean 'including without limitation.'

14.14 Rules of Construction

The singular includes the plural and vice versa where appropriate. References to statutes include amendments and successor legislation unless the context requires otherwise.

14.15 Order of Precedence

In the event of a conflict, these Terms shall control unless a separate written agreement expressly provides otherwise.

14.16 Cumulative Rights

All rights and remedies available under these Terms are cumulative and in addition to any rights or remedies available under applicable law.

14.17 Survival of Administrative Clauses

The provisions relating to interpretation, severability, waiver, force majeure, and contract administration shall survive termination or expiration of these Terms to the extent necessary to give them full effect.

FINAL LEGAL PROVISIONS

14.18 Notices

Unless otherwise required by applicable law, MenuCheck may provide notices electronically through email, in-app notifications, SMS, the Platform, or other electronic means. Users are responsible for maintaining accurate contact information.

14.19 Export Compliance

Users agree to comply with all applicable United States export control, sanctions, and trade laws. Users may not use, export, or permit access to the Platform in violation of applicable export regulations.

14.20 Government Rights

If the Platform is acquired by or provided to a governmental entity, all software and related documentation are provided as commercial computer software and commercial computer software documentation subject to applicable law.

14.21 Economic Sanctions

Users represent and warrant that they are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, and are not identified on any applicable government restricted-party list.

14.22 Reservation of Rights

MenuCheck reserves all rights not expressly granted under these Terms. Any failure to exercise or enforce a right shall not constitute a waiver of that right or any future right.

14.23 Continuing Obligations

All obligations that by their nature should survive termination, including confidentiality, payment obligations, intellectual property protections, limitations of liability, indemnification, dispute resolution, and compliance provisions, shall survive termination or expiration of these Terms.

14.24 Effective Date

These Terms become effective on the date the User first accepts them electronically or first accesses or uses the Platform, whichever occurs first.

14.25 Final Acceptance

By accessing or using the MenuCheck Platform, the User acknowledges that they have read, understood, and agree to be legally bound by these Terms of Service and all documents incorporated by reference.