Terms of Service

1. Agreement and authority

You must be legally capable of entering into a binding contract and, if acting for an organization, authorized to act for it. You are responsible for Users and for activities performed through your account.

These Terms apply to business use of TMenu. Any mandatory rights that cannot lawfully be excluded or limited continue to apply.

2. The Service

The “Service” includes TMenu websites, account portals, digital-menu tools, conversational ordering and payment workflows, menu creation and translation, Phone AI, restaurant analytics, onboarding tools, integrations and related support made available by TMenu.

Features vary by plan, location, configuration, pilot status and third-party availability. A signed order form, online plan description, statement of work or service-specific terms may add to these Terms. If there is a direct conflict, the more specific document controls for the affected Service.

Our Privacy Policy and Cookie Policy describe how we handle personal information and website technologies.

3. Accounts

You will provide accurate and current account, business and billing information. You must protect credentials, assign appropriate permissions, and promptly notify us if you suspect unauthorized access or a security incident.

You may not share an individual login beyond its authorized user or allow access by anyone who is not acting for your organization. We may rely on instructions submitted through your account.

4. Restaurant responsibilities

The Restaurant is the seller and provider of its food, beverages and restaurant services. TMenu provides technology and is not the Restaurant, food seller, caterer, delivery provider or tax adviser.

The Restaurant is responsible for:

• Menu items, descriptions, ingredients, prices, taxes, fees, promotions, hours and availability.
• Allergen, dietary, food-safety and other legally required information and warnings.
• Licences, permits, regulatory compliance and lawful sale of restricted items.
• Accepting, preparing, fulfilling, cancelling and refunding orders.
• Training staff, testing its setup and maintaining reasonable human oversight.
• Providing notices and obtaining consents required for its use of customer data, calls, recordings, messages and marketing.

You will review important Restaurant information after import, translation or configuration and correct errors without unreasonable delay.

5. AI features

Some Service features use artificial intelligence to understand requests, produce content, translate information, answer questions, summarize activity or propose actions. AI output is probabilistic and may be incomplete, inaccurate or inappropriate for a particular situation.

You are responsible for reviewing AI-generated menu content, translations, prices, allergy-related information, operational recommendations and other important output before relying on or publishing it. TMenu does not provide legal, tax, accounting, medical, nutritional or food-safety advice.

You must not submit data to an AI feature unless you have the right and any required consent to use that data. When the Service presents an action for confirmation, you are responsible for the decision to approve it.

6. Orders and guests

An order placed through the Service is a transaction between the guest and the Restaurant. The Restaurant controls whether to accept or reject an order and is responsible for preparation, fulfilment, substitutions, cancellations, refunds, guest support, food quality and applicable taxes.

TMenu may transmit guest requests and Restaurant confirmations, but does not guarantee that every request, message or order will be received, accepted or fulfilled. The Restaurant must maintain a reasonable fallback process for outages or unclear requests.

7. Payments

Payment services may be provided by third-party payment processors and are subject to their agreements, eligibility rules and technical availability. Where applicable, payment credentials are handled by the payment provider rather than TMenu.

The Restaurant is responsible for its merchant account, settlement details, payment-provider fees, chargebacks, refunds, receipts, taxes and payment disputes. TMenu may display payment status or initiate permitted workflows but does not guarantee settlement by a provider.

8. Phone AI

Phone AI may answer calls, respond to configured questions, collect pickup-order details, provide order status, create summaries or transfer a caller. Supported actions depend on the Restaurant’s configuration and the current product release.

The Restaurant is responsible for ensuring that menu, hours, policies, routing rules and other source information are current. The Restaurant must provide any legally required disclosure that a caller is interacting with AI or that a call may be recorded or transcribed, and must obtain any required consent.

Phone AI is not an emergency service. It must not be used for emergency calls or relied on where a delay or misunderstanding could reasonably cause physical harm. Payment by phone is not supported unless TMenu expressly enables it in writing with an approved payment flow.

9. Acceptable use

You will not, and will not permit anyone to:

• Use the Service unlawfully, fraudulently or to harm, deceive or harass others.
• Interfere with security, access controls, availability or other customers.
• Introduce malicious code, probe vulnerabilities or attempt unauthorized access.
• Reverse engineer or circumvent technical restrictions except where applicable law expressly permits it.
• Use automated means to overload, scrape or extract the Service without our written permission.
• Submit personal, confidential or protected data without proper authority and safeguards.
• Misrepresent AI-generated communication as human-generated where disclosure is required by law.

We may investigate suspected misuse and restrict access where reasonably necessary to protect the Service, users or third parties.

10. Customer data and privacy

As between the parties, Customer retains its rights in data, menus, media and other content it submits to the Service (“Customer Data”). Customer grants TMenu a limited right to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service and meet legal obligations.

Customer represents that it has the rights, notices and consents needed for TMenu to process Customer Data as contemplated by these Terms. Each party will comply with privacy and data-protection laws applicable to its role. Additional data-processing terms may apply where agreed in writing.

Our handling of personal information is described in the Privacy Policy. You should not send payment-card details or other highly sensitive information through support email, free-text fields or AI prompts unless the Service expressly provides a secure field for that purpose.

11. Intellectual property

TMenu and its licensors own the Service, software, interface, documentation, branding and related intellectual property. Subject to these Terms and payment of applicable fees, TMenu grants Customer a limited, non-exclusive, non-transferable right to use the Service for its internal restaurant business during the subscription term.

If you provide feedback, you grant TMenu a worldwide, perpetual, irrevocable right to use it without restriction or payment, provided we do not identify you publicly without permission.

12. Third-party services

The Service may connect to payment processors, point-of-sale systems, telecommunications providers, analytics platforms and other third-party services. Your use of those services is governed by their terms and privacy practices.

TMenu is not responsible for third-party products, changes, outages or acts. We may change or discontinue an integration if the provider changes access, terms or technical requirements.

13. Fees and taxes

Fees, billing frequency, included features and subscription term are stated in the applicable order form or online plan accepted by Customer. Recurring or automatic renewal applies only if disclosed in that document or at checkout.

Unless stated otherwise, fees are in the stated currency, exclude applicable taxes and are non-refundable except as required by law or expressly agreed in writing. Customer is responsible for applicable sales, use and similar taxes other than taxes on TMenu’s net income.

We may suspend paid features after reasonable notice of overdue undisputed amounts.

14. Confidentiality

Each party may receive non-public business, technical or commercial information from the other. The receiving party will use that information only for the agreement, protect it with reasonable care and disclose it only to people who need it and are bound to protect it.

This obligation does not apply to information that is public through no breach, already lawfully known, independently developed or lawfully received without restriction. A party may disclose information when legally required after giving notice where permitted.

15. Availability, support and changes

We work to keep the Service available and secure, but maintenance, provider outages, Internet conditions and other events may interrupt access. Any specific service level or support commitment must be set out in writing.

We may improve, replace or discontinue features. If a change materially reduces a paid core feature during a committed term, we will provide reasonable notice and any remedy stated in the applicable order form.

16. Term and termination

These Terms begin when you first accept or use the Service and continue while you have access. Subscription duration and renewal are governed by the applicable order form or plan.

Either party may terminate for a material breach that is not cured within 30 days after written notice, or immediately if the breach cannot reasonably be cured. TMenu may suspend or terminate access sooner where reasonably necessary for security, legal compliance, fraud prevention, non-payment or protection of others.

On termination, Customer’s right to use the Service ends. Provisions that by their nature should survive will survive, including payment, confidentiality, intellectual property, disclaimers, liability limits, indemnity and general terms. Data retention and deletion remain subject to our Privacy Policy and any written data terms.

17. Warranties and disclaimers

TMenu will provide the Service with reasonable care and skill. Except for any express written commitment and to the maximum extent permitted by law, the Service is provided “as is” and “as available”.

TMenu does not warrant that the Service will be uninterrupted, error-free or compatible with every system, or that AI output, translations, analytics, forecasts, calls or recommendations will always be accurate or achieve a particular business result.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

18. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for loss of profits, revenue, goodwill, business opportunity or data, arising from the Service, even if advised that such loss was possible.

To the maximum extent permitted by law, TMenu’s total aggregate liability arising from the Service and these Terms will not exceed the fees paid or payable by Customer to TMenu for the affected Service during the 12 months before the event giving rise to the claim. If Customer used only a free Service, the cap is CAD $100.

These limits do not apply to liability that cannot lawfully be limited or excluded. Different limits may apply if expressly stated in a signed order form.

19. Indemnity

To the extent permitted by law, Customer will defend and indemnify TMenu and its directors, officers, employees and contractors against third-party claims, damages and reasonable costs arising from Customer Data, the Restaurant’s products or services, order fulfilment, food safety or allergens, Customer’s violation of law, or Customer’s material breach of these Terms.

TMenu will promptly notify Customer of a covered claim and provide reasonable cooperation. Customer may control the defence, but may not settle a claim in a way that admits fault by or imposes obligations on TMenu without our written consent.

20. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario.

Before filing a claim, each party will make a reasonable effort to resolve the dispute through good-faith discussion. Nothing in this section prevents either party from seeking urgent injunctive relief or overrides mandatory consumer protections that apply despite a choice of law or forum.

21. Notices and communications

You agree to receive account, security, billing and service notices electronically at the contact details associated with your account. You must keep those details current.

Marketing communications will be sent only as permitted by applicable law. You can unsubscribe from marketing email using the link in the message, but may still receive transactional or service communications.

22. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security or business practices. We will post the updated Terms and revise the date above. If a change materially affects an active paid subscription, we will provide reasonable advance notice where required.

Changes apply prospectively. Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.

23. General

These Terms and any incorporated order form or service-specific terms are the entire agreement about the Service and replace prior discussions on the same subject. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will remain effective.

Customer may not assign these Terms without TMenu’s written consent, except as part of a merger or sale of substantially all of its business. TMenu may assign these Terms as part of a corporate reorganization, financing, merger or sale. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations.

Headings are for convenience only. “Including” means “including without limitation”. Electronic acceptance and signatures have the same effect as originals to the extent permitted by law.

24. Contact