Menufy’s Customer Terms of Use

LASt updated October 2, 2025

Thank you for choosing Menufy!

Before you can use our services, you must review, accept and agree to these Terms of Use (“Terms”); which contain important legal disclosures that will govern and affect the relationship between you and Menufy ("Menufy," "we," "our," or "us") and your use of Menufy's websites, platforms, mobile applications and other services (collectively, the "Services"). The Terms constitute a legal agreement between you and us regarding your use of the Services, and by using any of the Services you acknowledge and agree that you have read, understand and are bound by the Terms. If you are younger than 18 years of age, you must obtain a parent or guardian's permission to use the Services and you should review the Terms with them. If you do not agree to the Terms, you do not have permission to and should not use the Services.

IMPORTANT NOTICE 

THE "DISPUTE RESOLUTION" SECTION BELOW GOVERNS HOW ANY CLAIMS THAT YOU MAY HAVE AGAINST US ARE TO BE RESOLVED. AMONG OTHER THINGS, IT: (A) REQUIRES THAT ALL DISPUTES BE RESOLVED VIA BINDING ARBITRATION IN KANSAS; (B) WAIVES YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL; AND (C) PROHIBITS YOU FROM PURSUING CLAIMS AS A REPRESENTATIVE, MEMBER OR PARTICIPANT IN ANY CLASS OR COLLECTIVE ACTION OR PROCEEDING.  THE “DISCLAIMER”, “LIMITATION OF LIABILTY” AND “INDEMNIFICATION” SECTIONS BELOW ALSO CONTAIN IMPORTANT CLAUSES THAT IMPACT YOUR RIGHTS AND OBLIGATIONS. 

1. OUR SERVICES

Among other things, our Services enable you to review menus provided by participating restaurants, to interact with third-party Artificial Intelligence (“AI”) services to ask questions about the menus, and the food and beverage offerings, of different restaurants, and to place orders and to pay for meals and beverages from those restaurants.  Although you use our Services to review menus, to interact with AI, and to place your order, we do not control what is, and is not, said on the menu or what the AI says, nor do we prepare your food or beverages.  Thus, we cannot, and do not, verify or certify that: (a) the menu is complete and accurate; (b) the AI service will provide correct answers to your inquiries; (c) your order will be fulfilled in compliance with: (i) all applicable safety regulations; (ii) as described in the in the menu; or (iii) without ingredients that are not disclosed on the menu or by the AI.  If you have any dietary restrictions based upon medical, religious or other reasons, you should confirm directly with the restaurant that your food or beverages are prepared accordingly.  Consequently, you understand and agree that we cannot be, and is not, liable or responsible for what a menu does or does not say, what an AI service tells you, or how a restaurant prepares your food or beverages.  

2. ACCESSING AND USING OUR SERVICES

You may access our Services either as a Guest or through your social media account(s). We collect certain information from you when you place an order, including, but not limited to, your name, address, phone number, email address, or payment information, and you are deemed to have consented to our collecting and keeping such information for as long as we deem necessary. Additionally, if you login through your social media account(s), content that you have provided to and stored in your social media account may become available to us and you are deemed to have consented to us seeing, collecting and storing such information..

We may partner with a delivery service provider that may deliver orders to you (when available and selected by you), and we may share certain information that we collect or that you provide with the delivery service providers, and you are deemed to have consented to our doing so.  The delivery service providers are independent contractors who are not employed by us, and each delivery service provider controls the means and method in which its workers deliver orders. Your use of a delivery service provider may be subject to the provider’s own terms of use, and you should review the applicable terms of use before you select a delivery service provider.  You understand and agree that we cannot be, and are not, liable or responsible for the services, acts, omissions, or representations of any delivery service providers.

 

3. PAYMENT

When you place an order, we will immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, or other financial account that you identify, and you are deemed to consent to our doing so. You agree that all information you submit when you place an order will be true, accurate, current, and complete, and you understand and agree that we have the right to suspend or terminate your account and/or to refuse you the ability to use our Services if you provide any information that is untrue, inaccurate, not current, or incomplete.

All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a credit. If you have any questions regarding charges relating to your order, please contact us at info@menufy.com. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

Your use of Google Pay, Apple Pay, Venmo, PayPal, and other financial accounts may be subject to the terms of use of each respective company and you should review the applicable terms of use before you use their services.

4. OUR INTELLECTUAL PROPERTY

The Services contains materials, such as software, code, text, graphics, images, and other materials (collectively, the "Materials") owned by us or other parties. The Services and Materials are protected under applicable intellectual property laws of the United States and other jurisdictions, including, but not limited to, trademark, copyright, patent, and trade secrets.  If you are granted permission to use the Services and you comply with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, non-commercial use.

 

5. YOUR OBLIGATIONS WHILE USING OUR SERVICES

By using our Services, you agree that you will NOT:

  • use the Services for any fraudulent, improper or deceptive purpose;

  • engage in criminal or tortious activity while using the Services;

  • comply will all applicable laws while using the Services;

  • use the Services if you are under 13 years of age, and not use the Services without a parent or guardian’s permission if you are older than 13 but younger than 18 years of age;

  • use any automated means, data scraping, extraction, or other systematic data retrieval from the Services;

  • make any unauthorized use of the Services;

  • circumvent, disable, or otherwise interfere with the security of the Services;

  • deep-link or frame the Services;

  • interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

  • use the Services to purchase alcohol if under the age of 21;

  • use the Services to compete with us;

  • make false or misleading statements about the Services or our services;

  • harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the Services or services provided.

6. COMMUNICATIONS ABOUT THE SERVICES

We and our delivery service providers may communicate with you regarding your use of the Services or delivery of orders, and you are deemed to have consented to our doing so and to your receiving communications from us, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of Menufy that may relate to the Services, your order, delivery of your order (if applicable), or these Terms.

You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.

7. REVIEWS OF RESTAURANTS

The Services may enable you to leave reviews of restaurants. You may only post a review if: (a) you had direct experience with the restaurant within 10 days of posting your review; and (b) you are not affiliated with competitors of the restaurant. We may use your review(s) however we see fit without notification or approval from you, or compensation to you.  We may remove any review without notice if we determine, in our sole discretion, that it is false or misleading, or for any other reason.  You are solely responsible, and we have no responsibility or potential liability, for ay review that you post or any response that someone else posts to your review.

8. OUR MOBILE APPLICATION

Our Services may be available to you via our mobile application. If so, we will grant you a revocable, non­ exclusive, non-transferable right to install and use the mobile application on mobile devices owned or controlled by you, and your use of the mobile application must comply with these Terms and all applicable laws. We retain all rights, title, and interest in the mobile application, and any code used therein. We retain and reserve all rights in the mobile application not expressly granted herein.

If you use the mobile application on an Apple iOS or Android operating system, you must comply with Terms of Use or Service that govern those operating systems (typically found at the Apple App Store or Google Play Store). Neither Apple nor Google is a party to these Terms, and neither Apple nor Google is responsible for the mobile application, including maintenance, troubleshooting, or any claims arising from your use of the mobile application. You understand and agree that Apple and Google are third-party beneficiaries of the mobile application section of these Terms.

9. EXTERNAL WEBSERVICES

The Services may contain links to one or more third-party or external WebServices. These links are provided as a convenience, and should not be construed as an endorsement by us.  We do not investigate, monitor, or verify the accuracy of the WebServices, and you understand and agree that we cannot be, and are not, liable or responsible for the content on or the acts, omissions, or representations of any WebServices.  Your accessing of the WebServices is at your own risk.

10. PRIVACY POLICY

Our Privacy Policy is located and can be found at: https://restaurant.menufy.com/privacy, and is incorporated by reference in its entirety in these Terms.  You are deemed to have read and reviewed the Privacy Policy, and to have agreed to be bound thereby.

 

11. DIGITAL MILLENNIUM COPYRIGHT ACT

We expect our intellectual property to be respected, and we respect the intellectual property rights of others. If you believe that any copyrighted or other work belonging to you or anyone else has been copied and is available on the Services, please immediately notify our Designated Copyright Agent at: Menufy, Attn: Copyright Agent, 4501 S Pinemont Dr, Houston, TX 77041. Please include the following information required by the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are at issue, a representative list of such works on the Services; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Please note it is against federal law to knowingly misrepresent that materials infringe on the rights of others, and doing so may subject you to criminal prosecution, monetary damages, and attorneys' fees.

12. TERMINATION

We reserve the right, in our sole discretion, to terminate your use of the Services for any reason, or for no reason at all, and without prior notice.

 

13. NON-WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

14. DISPUTE RESOLUTION

All disputes between you and us relating, in whole or in part, to the Services shall be resolved through binding arbitration. YOU DO NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT OR TO HAVE A JURY TRIAL, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED IN ARBITRATION.  All arbitrations shall be governed by the Federal Arbitration Act ("FAA"), and shall be presided over by a single neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitrator's fees and the costs will be shared equally by the parties, and the arbitration proceeding shall take place in Overland Park, Kansas, unless otherwise agreed. A Kansas court of competent jurisdiction will have the authority to enter judgment on the arbitrator's decision and award. The parties may litigate in a Kansas court of competent jurisdiction to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in a Kansas court of competent jurisdiction. 

Any claim or dispute in any arbitration or proceeding shall be brought on an individual basis only, and not as a class action or collective action, and there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public, persons similarly situated, or any other persons. The Arbitrator may not ignore or find this Class Action Waiver to be unenforceable.

14. DISCLAIMER

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE OR OF ANY PARTICULAR QUANTITY OR QUALITY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL: (A) STATUTORY WARRANTIES; (B) WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTIES OF AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION;  (D) WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (E) WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE SERVICES CONTENT, OR THE CONTENT OF ANY INFORMATION FOUND ON ANY MENU, WEBSERVICES OR PROVIDED BY ANY OTHER THIRD-PARTY; AND (F) OTHER WARRANTIES.  FURTHER, YOU AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES RESULTING FROM THE SERVICES, INCLUDING THE FAILURE OF THE SERVICES.

 

15. LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED, IN WHOLE OR IN PART, TO THE SERVICES OR THESE TERMS.  THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, REGARDLESS OF WHETHER WE WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. FURTHER, OUR MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Services and/or your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. MISCELLANEOUS

  • Relationship. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services.

  • Governing Law. Except for the Arbitration Agreement, which is governed by the FAA, the Agreement will be governed by Kansas law, without regard to conflict of law principles.

  • Entire Agreement. These Terms, along with any policies posted on the Services, constitute the entire agreement between us and you with respect to your use of the Services, and supersedes all previous or contemporaneous agreements, whether written or oral.

  • Right to Update Terms and Agreement. We retain the right, at our discretion, to amend, update or otherwise modify these Terms at any time, without direct notice to you, by posting updated Terms online. The amended, updated or modified Terms will have immediate effect upon being posted online, and are deemed to have consented or agreed to them if you continue to use the Services thereafter. You may not amend, update or otherwise modify these Terms.

  • Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall otherwise remain in full force and effect and enforceable.

  • Force Majeure. We will not be liable for any loss, damage, failure, or delay in performance under these Terms of Use due to causes beyond our reasonable control.

18. CONTACT US

If you have any questions, comments, feedback, or complaints regarding the use of our Services or our services, please contact us at:

Menufy
4501 S Pinemont Dr
Houston, TX 77041
info@menufy.com