Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

1.1 "Platform" means the website, applications and services offered by Delimenu.

1.2 "User" means any individual or legal entity that uses the Platform to manage a restaurant.

1.3 "Diner" means a person who visits a restaurant's public menu, without needing an account.

1.4 "User Content" means any information, image, text or other material that Users upload to the Platform.

1.5 "Delimenu Content" includes all material provided directly by Delimenu, such as QR codes, templates and design tools.

2. Description of the service

2.1 What it includes

The Platform allows you to:

• Publish a digital menu at a web address of your own, in the form delimenu.co/your-restaurant.
• Generate a QR code that links to that menu.
• Organize products into categories, with prices, descriptions, variants and images.
• Customize the appearance of the menu (colors, typography, borders).
• Receive orders through WhatsApp, where the restaurant enables that option.
• Import an existing menu using artificial intelligence, as set out in section 9.

2.2 What it does not include

Delimenu does not process payments for orders, does not manage inventory, does not make deliveries and does not take part in the relationship between the restaurant and its diners.

3. Conditions of use of the Platform

3.1 Eligibility

To use the Platform you must:

• Be of legal age in your jurisdiction.
• Provide truthful and up-to-date information when registering.
• Be authorized to publish the information of the restaurant you manage.

3.2 License to use

Delimenu grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Platform in accordance with these terms.

3.3 Prohibited conduct

You may not:

• Copy, modify or distribute Delimenu's software.
• Use the Platform for illegal, fraudulent or unauthorized activities.
• Use automated tools to extract data (scraping).
• Publish content that infringes the rights of third parties, or that is misleading, offensive or unlawful.
• Attempt to access the data or menus of another User, or circumvent the restrictions of the plans.

4. Registration and account security

4.1 Registration

An account is created with a valid email address. The Platform does not use passwords. You sign in through a single-use link sent to your email, or by signing in with your Google account.

4.2 User's responsibility

Because there is no password, the security of your account depends directly on the security of your email. Anyone with access to your inbox can access your account. Accordingly, you are responsible for:

• Keeping the associated email account secure, ideally with two-step verification.
• Not forwarding or sharing the sign-in links we send you.
• Notifying Delimenu of any unauthorized use of your account as soon as you become aware of it.

5. Content and intellectual property

5.1 User Content

You own the content you upload to the Platform, but you grant Delimenu a non-exclusive, worldwide, royalty-free license to use, store, adapt and display that content for the purpose of providing the service. This license includes the automatic resizing of images and ends when you delete the content, without prejudice to what is stated about retention in the Privacy Policy.

5.2 Representation regarding content

By uploading content you represent that you hold the necessary rights to it. This applies in particular to product photographs and logos: uploading third-party images without authorization is your responsibility, not ours.

5.3 Accuracy of menu information

The prices, descriptions, ingredients, allergens and nutritional information published are the sole responsibility of the restaurant. Delimenu is a publishing tool: it does not verify or validate that information, and it is not liable to diners for its accuracy or for the consequences of an omission, including those relating to health.

5.4 Public content

The menu, its images and the restaurant's contact details, including its phone number and address, are public by design and accessible to anyone with the link. Do not publish there any information you do not want to be public.

5.5 Ownership of the Platform

All rights in the Platform, including code, designs and features, are the exclusive property of Delimenu and are protected by intellectual property laws.

5.6 Third-party content

The Platform may contain links to or integrations with third-party services. Delimenu is not responsible for the content or the privacy policies of those services.

6. Menu addresses

6.1 Allocation

Each restaurant chooses a unique identifier that forms the public address of its menu. Identifiers are allocated on a first-come, first-served basis and may not match one that is already taken.

6.2 Reserved identifiers

Some identifiers are reserved because they correspond to sections of the site itself and cannot be taken by any restaurant.

6.3 Revocation

Delimenu may reassign or revoke an identifier that infringes trademarks or the rights of third parties, that impersonates another business or that was registered in bad faith.

7. Free trial

7.1 Scope

When you create your first restaurant, a free trial of seven (7) days is activated automatically, with access to the features of the service. No payment details are requested to start it and it does not convert into a subscription automatically.

7.2 Notices

During the trial we will send you up to three operational emails about its expiration. They are notices essential to the service, not commercial communications.

7.3 What happens when it expires

If there is no active subscription when the trial ends, the public menu stops being displayed and visitors see a notice that it is not available. Your content is not deleted: it remains in your account and is published again as soon as you activate a subscription.

8. Plans, fees and payments

8.1 Plans

We offer monthly and annual subscriptions. The current features and prices are described on the Platform.

8.2 Currency and final price

Prices are set in US dollars (USD), which is the reference currency. At the time of payment, Stripe may offer you the choice between USD and your local currency.

The local-currency price shown on our site is an estimate for information only, not the amount you will be charged. The exact amount, the applicable exchange rate and the conversion fees are determined by Stripe on the payment screen, and that is the amount that governs. Paying in USD avoids the conversion fee.

8.3 Payment processing

Payments are processed entirely through Stripe. Delimenu does not receive, see or store your card details.

8.4 Automatic renewal

The subscription renews automatically at the end of each period, and you authorize the corresponding charges until you cancel it.

8.5 Cancellation

You may cancel at any time from the billing portal accessible in your dashboard. Cancellation takes effect at the end of the period already paid for: you keep access until that date, and after it the public menu stops being displayed in accordance with section 7.3.

8.6 Refunds

No refunds are offered for periods already billed, except where required by law.

This clause does not restrict the non-waivable rights granted to you by the consumer protection rules of your country of residence, including, where applicable, the right of withdrawal in distance contracts. If you believe you are entitled to any of those rights, write to us at support@delimenu.co.

8.7 Price changes

We reserve the right to change the prices of the plans at any time, upon reasonable prior notice. Changes will not affect payments already made or the current subscription period, unless the notice states otherwise. If you continue to use the Platform after the effective date of the change, you will be deemed to have accepted the new price; if you do not agree, you may cancel in accordance with section 8.5.

9. Menu import using artificial intelligence

9.1 How it works

You may upload an image or a PDF of your menu so that an artificial intelligence model extracts the products automatically. The file is sent to an external provider for processing, as detailed in the Privacy Policy.

9.2 Quotas and limits

• Five (5) imports during the free trial and ten (10) per calendar month with an active subscription. The monthly allowance resets on the 1st and unused imports do not carry over.
• Images of up to 5 MB.
• PDF files of up to 4 MB and 15 pages.

These limits may change. Imports that have been used are neither refundable nor transferable.

9.3 No guarantee of accuracy

The result is an automatic extraction and may contain errors in names, prices, categories or descriptions. You are required to review and correct the result before publishing it. Delimenu is not liable for losses arising from publishing incorrect information that was extracted automatically, including prices.

9.4 Rights in the file

By uploading a file you represent that you are authorized to process it, including any third-party information it contains.

10. Orders through WhatsApp

10.1 How it works

If the restaurant enables this option, the diner puts together an order and the Platform opens WhatsApp with a pre-written message addressed to the restaurant's number. The conversation takes place between the diner and the restaurant.

10.2 Delimenu is not a party to the transaction

Delimenu does not process orders or payments, does not confirm availability and is not a party to the commercial relationship between the restaurant and the diner. We are not liable for the acceptance, preparation, delivery, quality, price or collection of payment for orders.

10.3 Obligations of the restaurant

The restaurant is responsible for keeping its WhatsApp number up to date, for attending to the orders it receives and for processing the personal data of its diners in accordance with the applicable rules. The availability of WhatsApp depends on Meta and is not under our control.

11. Privacy and data protection

11.1 Privacy Policy

Use of the Platform is subject to our Privacy Policy and our Cookie Policy, which form an integral part of these terms.

11.2 User's responsibility for third-party data

You are responsible for ensuring that the content you upload complies with the applicable privacy rules, especially if it includes personal data of third parties, such as photographs of people or contact details of your staff.

11.3 Your diners' data

With respect to the data your diners send you through WhatsApp, you are the data controller, not Delimenu, since that information never reaches our servers.

12. Availability of the service

12.1 No guarantee of availability

We do not guarantee any particular percentage of uptime. The Platform depends on external infrastructure providers, and there may be interruptions due to maintenance, failures or causes beyond our control.

12.2 Maintenance

We will endeavor to announce in advance any scheduled maintenance that affects the service. Urgent security work may be carried out without prior notice.

13. Limitation of liability

13.1 No warranties

Delimenu provides the Platform "as is" and does not warrant that it will be free of errors, interruptions or vulnerabilities.

13.2 Exclusion of liability

Delimenu will not be liable for:

• Financial losses arising from the use of, or the inability to use, the Platform.
• Indirect, incidental or punitive damages.
• The accuracy of the content published by restaurants, including prices and allergens.
• Orders handled through WhatsApp and the relationship with diners.
• Errors in the automatic extraction of menus that were not corrected before publishing.

13.3 Monetary cap

To the fullest extent permitted by law, our total liability to you is limited to the amount you have paid for the service in the twelve (12) months preceding the event giving rise to it.

13.4 Non-waivable rights

None of these exclusions limits liability for willful misconduct or gross negligence, or the non-waivable rights granted to you by the consumer protection rules of your country of residence.

14. Changes to the Platform or the terms

14.1 Changes to the services

We may modify, add or discontinue features of the Platform. If a change substantially reduces the service you have contracted, we will notify you reasonably in advance and you may cancel in accordance with section 8.5.

14.2 Updates to the terms

These terms may be updated from time to time. The date of the last update appears at the beginning of the document. We will give notice of material changes before they take effect, and continued use of the Platform after that date constitutes acceptance of them.

15. Termination of the account

15.1 By the User

You may stop using the Platform whenever you wish. To end the relationship completely:

• Cancel the subscription from the billing portal in your dashboard. You will keep access until the end of the period already paid for.
• Delete the restaurant from the dashboard. Its menu stops being available to the public and its address is released so that another restaurant can take it.
• Request the erasure of your data by writing to us at support@delimenu.co. Deleting a restaurant from the dashboard hides the menu, but does not remove the record from our database; the procedure and time limits for permanent erasure are described in the Privacy Policy.

15.2 By Delimenu

Delimenu may suspend or cancel your account if you breach these terms or the applicable law. Where the circumstances allow, we will notify you beforehand and give you the opportunity to remedy the breach. In cases of fraud, unlawful activity or risk to third parties, the suspension may be immediate.

15.3 Effects

Once the account is terminated, your license to use ends and the menus stop being available. Payment obligations already accrued, the intellectual property clauses and the limitation of liability clauses will remain in force.

16. Governing law and dispute resolution

16.1 Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules.

16.2 Dispute resolution

Any dispute will be submitted to the competent courts of Delaware, United States.

16.3 Mandatory consumer rules

The foregoing does not deprive you of the protection of the mandatory rules of your country of residence or of the right to bring a claim before the courts or consumer authorities of your place of domicile, where the law grants you that right. Many countries grant consumers the right to bring claims before their own authorities despite a clause such as the one above, and we do not seek to prevent that.

16.4 Severability

If any clause of these terms is held to be invalid or unenforceable, the remaining clauses will remain in full force.

17. Contact

If you have questions or need support, you can contact us:

• Email: support@delimenu.co