Terms of Service
Last updated: July 16, 2025
1. Acceptance of Terms
By accessing or using MicroMenu ("Service", "Platform", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
2. Description of Service
MicroMenu is a Software-as-a-Service (SaaS) platform that enables restaurants to create digital menus, manage orders, and process payments. We act solely as a technology platform connecting restaurants with their customers.
2.1 Platform Services
- Digital menu creation and management tools
- Order processing and management system
- Payment processing facilitation through third-party providers
- Analytics and reporting tools
- Customer communication features
- Delivery fleet and driver management tools for restaurants
3. User Categories and Responsibilities
3.1 Restaurant Users
If you are a restaurant using our platform, you represent and warrant that:
- You have all necessary licenses, permits, and authorizations to operate your restaurant business
- You comply with all applicable health, safety, and food service regulations
- All menu information, prices, and product descriptions you provide are accurate
- You will fulfill all orders placed through the platform in accordance with your stated policies
- You are responsible for food quality, safety, and customer satisfaction
- You are solely responsible for managing your delivery fleet, drivers, and delivery operations
- You maintain appropriate insurance coverage for your delivery operations and drivers
- You comply with all employment, labor, and transportation laws regarding delivery personnel
3.2 Customer Users
If you are placing orders through our platform, you agree to:
- Provide accurate contact and delivery information
- Pay for all orders placed through your account
- Pay all applicable platform fees and delivery fees as disclosed during checkout
- Comply with restaurant policies and local laws
- Not misuse the platform or engage in fraudulent activities
- Use this platform exclusively for legitimate food delivery orders
4. Platform Role and Limitations
4.1 Technology Platform Only
MicroMenu is strictly a technology platform. We do not:
- Prepare, handle, or deliver food
- Operate restaurants or food service businesses
- Control restaurant operations, policies, or service quality
- Guarantee food quality, safety, or customer satisfaction
- Act as an agent for restaurants or customers
- Employ, manage, supervise, or control delivery drivers or delivery personnel
- Operate delivery vehicles or provide delivery services
- Guarantee delivery times, driver performance, or delivery quality
4.2 Independent Contractor Relationship
Restaurants using our platform are independent contractors. No partnership, joint venture, employment, or agency relationship exists between MicroMenu and any restaurant user.
4.3 Delivery Operations and Driver Management
For restaurants that use our delivery fleet management tools:
- You are solely responsible for all aspects of your delivery operations
- You are the direct employer or contractor of all delivery personnel
- You are responsible for driver hiring, training, supervision, and termination
- You must ensure all drivers have valid licenses, insurance, and legal authorization to operate vehicles
- You are responsible for vehicle maintenance, safety inspections, and compliance
- MicroMenu provides only software tools for fleet management - we do not manage actual delivery operations
5. Prohibited Uses and Illegal Activities
5.1 Food Delivery Only
This platform is exclusively designed and intended for legitimate food delivery services. Any other use is strictly prohibited.
5.2 Prohibited Activities
Users are expressly prohibited from using this platform to:
- Sell, distribute, facilitate the sale of, or list illegal substances including but not limited to drugs, narcotics, controlled substances, or any illegal items
- Sell or list any non-food items or services not directly related to legitimate food preparation and delivery
- Engage in any illegal activities or facilitate illegal transactions
- Violate any local, state, federal, or international laws or regulations
- Misuse the platform for fraudulent purposes
- Harass, threaten, or harm other users
- Upload false, misleading, or illegal content
5.3 Zero Tolerance Policy
We maintain a strict zero-tolerance policy for illegal activities. Any misuse of this platform for illegal purposes will result in:
- Immediate account termination without notice
- Reporting to relevant law enforcement authorities
- Cooperation with criminal investigations
- Legal action to the fullest extent of the law
5.4 No Liability for Illegal Use
MicroMenu bears no responsibility or liability for any illegal activities conducted by users. Users engaging in illegal activities assume all legal, financial, and criminal liability for their actions.
6. Disclaimers and Limitation of Liability
6.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 Food Safety and Quality
WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:
- Food quality, safety, preparation, or handling
- Foodborne illness or allergic reactions
- Restaurant compliance with health and safety regulations
- Accuracy of nutritional information or allergen warnings
- Food delivery timing, temperature, or condition
- Any illegal activities, drug sales, or other prohibited uses by platform users
- Criminal liability arising from user misconduct or illegal activities
6.3 Delivery Operations and Driver Liability
WE EXPRESSLY DISCLAIM ALL LIABILITY FOR DELIVERY OPERATIONS, INCLUDING BUT NOT LIMITED TO:
- Delivery driver conduct, performance, negligence, or criminal acts
- Vehicle accidents, traffic violations, or driving-related incidents
- Driver injuries, workers' compensation claims, or employment disputes
- Vehicle damage, theft, or property damage during deliveries
- Late deliveries, missed deliveries, or delivery failures
- Customer disputes with delivery personnel
- Driver compliance with transportation laws, licensing, or insurance requirements
- Food tampering, theft, or mishandling during delivery
- Personal injury or property damage caused by delivery personnel
RESTAURANTS ARE SOLELY LIABLE FOR ALL DELIVERY-RELATED INCIDENTS, CLAIMS, AND DAMAGES.
6.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MICROMENU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
7. Payment Terms and Fees
7.1 Service Fees
We charge service fees to support platform operations, including technology infrastructure, customer support, and payment processing. Service fees cover legitimate business costs and are not discriminatory based on payment method selection.
7.2 Customer Fee Agreement
By placing an order through our platform, customers explicitly agree to pay all applicable fees, including:
- Platform service fees as disclosed during checkout
- Delivery fees as set by the restaurant and disclosed during checkout
- Any applicable taxes and surcharges
All fees are clearly disclosed before order completion. By completing your order, you acknowledge and agree to these charges.
7.3 Payment Processing
Payment processing is handled by third-party providers (such as Stripe). We are not responsible for payment processor errors, delays, or policies. All payment disputes must be resolved directly with the payment processor.
7.4 Refunds and Disputes
Refund policies are set by individual restaurants. MicroMenu does not guarantee refunds and is not responsible for order disputes between restaurants and customers.
8. Indemnification
You agree to indemnify, defend, and hold harmless MicroMenu and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Food safety issues, allergic reactions, or foodborne illness (for restaurant users)
- Non-delivery, late delivery, or order disputes (for restaurant users)
- Compliance with applicable laws and regulations
- Any illegal activities or prohibited uses of the platform
- All delivery operations, including driver conduct, vehicle accidents, and delivery-related incidents
- Employment or contractor disputes with delivery personnel
- Workers' compensation claims or employee benefit claims for delivery drivers
- Personal injury, property damage, or death caused by delivery operations
- Driver violations of traffic laws, licensing requirements, or insurance regulations
9. Content and Intellectual Property
9.1 User Content
You retain ownership of content you upload (menu items, descriptions, images). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content solely for providing the Service.
9.2 Platform Intellectual Property
The MicroMenu platform, including software, design, and trademarks, is our exclusive property. You may not copy, modify, or distribute our platform without written permission.
10. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Termination
11.1 Termination by User
You may terminate your account at any time by contacting us or through your account settings.
11.2 Termination by MicroMenu
We may suspend or terminate your access immediately, without prior notice, for conduct we believe violates these Terms or is harmful to other users, us, or third parties. This includes immediate termination for any illegal activities or prohibited uses.
11.3 Effect of Termination
Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.
12. Compliance with Laws
12.1 Restaurant Compliance
Restaurants must comply with all applicable laws, including:
- Food safety and health regulations
- Business licensing requirements
- Tax obligations
- Labor laws
- Consumer protection laws
- Payment processing regulations
- Transportation and vehicle operation laws
- Driver licensing and insurance requirements
- Workers' compensation and employment laws for delivery personnel
- Commercial vehicle registration and safety regulations
12.2 International Compliance
Users operating in jurisdictions outside the United States must comply with local laws, including but not limited to payment processing regulations, consumer protection laws, and tax requirements.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of [UPDATE WITH YOUR JURISDICTION], without regard to conflict of law principles.
13.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration rather than in court, except that either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.
13.3 Class Action Waiver
You agree that any arbitration or legal proceeding will be limited to the dispute between you and MicroMenu individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.
14. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or internet service failures.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or platform notification. Continued use of the Service after changes constitute acceptance of the new Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.
17. Contact Information
For questions about these Terms, please contact us at:
MicroMenu Legal Department
Email: legal@micromenu.com
Address: [UPDATE WITH YOUR BUSINESS ADDRESS]
Phone: [UPDATE WITH YOUR PHONE NUMBER]
Important Notice
These Terms of Service constitute a legally binding agreement. Please read them carefully. If you do not agree to these terms, do not use our Service. For legal advice regarding your specific situation, consult with a qualified attorney.