Terms and Conditions of Sale and Use

1. Purpose and scope

These Terms set out the conditions under which the Publisher makes the Service available and the conditions for subscribing. The Service is reserved exclusively for professionals acting in the course of their business (restaurants, cafés, hotels, and similar establishments); it is not intended for consumers within the meaning of the French Consumer Code. Any subscription constitutes full and unreserved acceptance of these Terms.

2. Definitions

In these Terms:

• "Publisher" means the person identified in the website's legal notice, who operates the Service.
• "Customer" means the professional who creates an account and takes out a Subscription.
• "Service" means the MenuCrush platform used to create, edit, and publish a digital menu.
• "Menu" means all content published by the Customer (categories, dishes, prices, photographs, allergens, and business information).
• "QR code" means the code generated by the Service, pointing to a permanent address that never changes, including when the Menu is edited.
• "Subscription" means the monthly paid plan taken out by the Customer, which conditions access to the Service and publication of the Menu.

3. Account and registration

Access to the Service requires creating an account. The Customer warrants the accuracy of the information provided and undertakes to keep it up to date. Credentials are personal and confidential: the Customer is solely responsible for keeping them safe and for any use made from their account, and must notify the Publisher without delay of any unauthorized use. The Customer may delete their account at any time from their settings; deletion terminates the Subscription and permanently erases the associated data.

4. Description of the Service

The Service allows the Customer to build a digital menu, edit it at any time from their dashboard, and make it available to their own customers through a QR code whose address is permanent. Changes made to the Menu take effect immediately, with no need to reprint the QR code. The Service is offered under two plans, detailed on the website's pricing page:

• Essentiel plan: digital menu, classic template, business information, opening hours, contact details, hosting, and QR code included.
• Personnalisation plan: everything in the Essentiel plan, plus multiple menus, premium templates, custom background colour, dish photographs, dish translations, and removal of branding.

The Menu is made publicly accessible only once the Subscription is effectively active, and ceases to be accessible if the Subscription is cancelled or lapses.

5. Customer obligations

The Customer is solely responsible for the content they publish through the Service. In particular, they undertake to:

• publish only lawful content, free of any defamatory, misleading, abusive, or otherwise unlawful character;
• hold all necessary rights over the texts, logos, and photographs they upload, and to indemnify the Publisher against any third-party claim in this respect;
• ensure the accuracy and currency of the information published, in particular displayed prices and dish availability;
• enter and keep up to date the allergen information. The Service provides the list of the fourteen allergens under Regulation (EU) No 1169/2011 ("FIC"), but entering, verifying, and updating that information is the sole responsibility of the Customer, who remains solely bound by the regulatory duty to inform their own customers;
• not misuse the Service, not attempt to circumvent its technical limitations or the restrictions attached to their subscription plan, and not disrupt its operation.

6. Pricing and billing

The applicable prices are those displayed on the website's pricing page on the day of subscription. Prices are stated in euros, and value added tax details appear on the invoices issued. Payment is made by bank card, monthly and in advance, through the provider Stripe: the Publisher never has access to the Customer's card details and does not store them. Invoices are made available in the Customer's billing area. The Publisher may change its prices; the Customer is informed at least thirty (30) days before the new prices take effect and may cancel before that date if they do not accept them.

7. Term and renewal

The Subscription is entered into for an indefinite term, in successive periods of one (1) month from activation, automatically renewed unless cancelled under the conditions set out below. It may be cancelled at any time, without notice or penalty.

8. Changing plan

The Customer may change plan at any time from their billing area. Upgrading takes effect immediately and triggers immediate invoicing of the prorated amount for the remainder of the period. Downgrading is not applied immediately: the current plan is maintained until the end of the period already paid for, and the new plan takes effect from the following period, with no refund. A scheduled plan change may be cancelled at any time before it takes effect. Moving to the Essentiel plan removes the content and settings reserved for the Personnalisation plan (dish photographs, multiple menus, premium template, and custom background colour).

9. Cancellation by the Customer

The Customer may cancel their Subscription at any time from their billing area, or by deleting their account from their settings. Cancellation takes effect at the end of the current period already paid for: the Service remains accessible until that date and no prorated refund is due for the period already begun. Once cancellation takes effect, the Menu ceases to be publicly accessible and the corresponding QR code no longer returns any content. Deleting the account permanently erases the associated data, under the conditions described in the privacy policy.

10. Right of withdrawal

As the Service is reserved for professionals acting in the course of their business, the statutory right of withdrawal under the French Consumer Code does not apply. As a commercial gesture, the Publisher nevertheless grants the Customer a period of fourteen (14) days from their first subscription to request a full refund of the first month, by simple request sent to the contact address given in the legal notice. This applies to the first subscription only and covers neither renewals nor plan changes.

11. Suspension and termination by the Publisher

In the event of non-payment, the payment provider makes successive collection attempts; failing settlement, access to the Service and publication of the Menu are suspended, and the Subscription is then terminated as of right. The Publisher may also suspend or terminate access where the Customer breaches these Terms, after notice by email and — save in cases of urgency or serious breach, in particular the publication of manifestly unlawful content — a formal notice left without effect for fifteen (15) days.

12. Availability and maintenance

The Publisher uses reasonable efforts to ensure the availability and continuity of the Service. In this respect it is bound by an obligation of means, not of result. The Service may be temporarily interrupted for maintenance, updates, or security operations, as well as in the event of failure of a third-party technical provider (hosting, database, payments, network). No guaranteed service level is undertaken outside a separate written agreement.

13. Personal data

The personal data processing carried out as part of the Service, the purposes pursued, the retention periods, the sub-processors involved, and the rights granted by the General Data Protection Regulation are described in the privacy policy, which forms an integral part of these Terms.

14. Intellectual property

The Publisher retains all intellectual property rights in the Service, its source code, its interfaces, and its menu templates. The Subscription grants the Customer a personal, non-exclusive, non-transferable right of use, limited to the term of the Subscription and to their own needs. The Customer retains ownership of the content they publish and grants the Publisher, for the term of the Subscription only, a non-exclusive licence to host, reproduce, and display that content, strictly limited to what is necessary to provide the Service.

15. Liability

The Publisher cannot be held liable for content published by the Customer, nor for the consequences of inaccurate or incomplete information the Customer may have put online, in particular regarding prices and allergens. Indirect damages, such as loss of revenue, customers, data, or reputation, are excluded. In any event, and save in cases of gross negligence or wilful misconduct, the Publisher's total liability under these Terms is capped at the amounts actually paid by the Customer over the twelve (12) months preceding the triggering event. Neither party may be held liable for a failure resulting from force majeure within the meaning of article 1218 of the French Civil Code.

16. Changes to these Terms

The Publisher reserves the right to amend these Terms. The Customer is informed of any material change by email or by a notice displayed in their dashboard, at least thirty (30) days before it takes effect. Failing cancellation before that date, the amended Terms are deemed accepted. The version applicable to an order is the one in force on the day of that order.

17. Governing law and jurisdiction

These Terms are governed by French law. Should any provision be held void or unenforceable, the remaining provisions shall remain in full force. The parties shall endeavour to settle amicably any dispute relating to the formation, interpretation, or performance of these Terms. Failing an amicable settlement, and as the Service is intended exclusively for professionals, exclusive jurisdiction is granted to the courts of Paris, including in the event of multiple defendants or third-party proceedings.