MustHaveMenus Terms of Service
Updated: August 2021
Welcome to MustHaveMenus! We offer a constantly expanding suite of menu management and restaurant marketing tools, both traditional and digital. We have an industry-leading design app for restaurant menus and marketing materials, featuring thousands of customizable templates. We are a specialized printer to the restaurant industry, providing products tailored to the unique needs of the food service world. We also provide powerful digital tools, like online menus, QR codes and landing pages, that allow restaurants to connect with their customers online. Our goal is to help your restaurant grow while saving you time, money and hassle.
By using our services, you are agreeing to these Terms. Please read them carefully. Our services are constantly evolving and we may update these Terms from time to time, so please check back for changes that may impact you.
1. Basic Definitions
The services ("Services") are provided by MustHaveMenus Inc. ("MustHaveMenus"), with offices in Ashland, OR. The MustHaveMenus website ("Site") is a service for use by registered users ("Accounts"). The Site and Services are the wholly-owned, copyrighted property of MustHaveMenus Inc. ("Company"), and are subject to U.S. and international copyright protection laws. MustHaveMenus is trademarked.
2. Requirement to Be in Good Standing
Usage Rights are granted to individual customers that have an active (not cancelled) account with a valid username and password at MustHaveMenus.com. The Company may revoke privileges to anyone it believes is abusing the Site, as well as seek legal remedies necessary to protect its copyrights and intellectual property. The Company also reserves the right, at its sole discretion, to refuse or cancel service to anyone it deems to be creating offensive material.
4. Free Accounts
Free accounts give you limited access to our design software, professional printing, digital tools, and marketing features as outlined on the then-current pricing page. We may update or change features that are accessible via our free plans at any time. If you sign up for a paid subscription and cancel in the future, it is necessary to sign back up with a valid credit card for access to your account. We do not offer a free account option once you have purchased one of our plans.
5. Effect of Cancellation or Payment Failure
If you cancel your account, then you will no longer have access to the features and privileges of MustHaveMenus. Any web links you have established for QR codes, online menus and landing pages will be deactivated. File storage is not guaranteed for cancelled accounts. Designs may be subject to removal and deletion. If your form of payment fails after several renewal attempts, your account will move to cancelled status. Reactivating a cancelled account requires payment at the most current rates.
6. Refunds & Pricing
We want you to be happy with MustHaveMenus. If something's not right for you, chat with us and we'll make it right. If we make an error in printing, we will fix it or refund your money. We take no responsibility for errors in printed pieces due to your data entry or content use. Check all files for content and graphics before final printing.
We reserve the right to raise or lower our prices or to offer special discounts. If your Account is affected by a price change, you will be notified in email or on the site, and given the opportunity to cancel if desired. We have no way of guaranteeing that you will receive our notifications in a timely manner. All prices are in U.S. dollars.
7. Software and File Compatibility
We are constantly updating our software platform. Our software versions and file formats become obsolete and unusable over time as we strive to keep up with advances in hosting services, operating systems and browsers. We strive to minimize adverse affects on customers, offering extended periods of notifications, support, instructions, and pathways for updating. Our customer success agents are trained to help you. Obsolete or unusable files may be archived, removed and/or permanently deleted from your Account at any time.
8. Content license from MustHaveMenus
All Accounts may use the Services to create business Content in the form of menus, flyers and other promotional materials, and are hereby granted a non-exclusive, royalty-free license to use the Content for any restaurant, business, personal or charitable purpose. When Services are cancelled or interrupted for any reason, Accounts may continue to use any part of the Content that doesn't require ongoing access to the Services, i.e. not hosted by MustHaveMenus. Stock images and graphics available on the site may only be used in combination with templates, and not copied or used in original form.
9. Content Submissions from Accounts
By uploading or entering content, including menu copy, designs, names, prices, logos, marketing graphics, food photos, ideas, concepts, or any other type of content (collectively "Your Content"), in the ordinary course of using the Services, you hereby grant and, where applicable, warrant that the owner of such content or intellectual property has expressly granted MustHaveMenus and its customers and partners a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and publicly display Your Content in any manner. The intent of this grant is to enable the Company to successfully deliver our full range of business printing and publishing services, as well as for Company promotional purposes.
By uploading Your Content to the Services, you warrant that you have all necessary licenses and permissions to use and share Your Content and the rights necessary to grant the licenses in these terms.
You will indemnify us from any claim, demand, loss, or damages, including reasonable attorney's fees, arising out of or related to Your Content, your use of the Services or your violation of these terms.
It is the Company's absolute policy to reject any materials which, at the Company's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
10. Rights and Access Privileges Do Not Transfer
MustHaveMenus Accounts may not be transferred, shared, traded or sold.
11. Additional Users
Each Account may only be used by one Account holder or single individual. A single account login shared by multiple users is strictly prohibited. Businesses or groups must create separate accounts with unique logins for each user or contact customer service to discuss Enterprise license options.
12. Limitation of Warranty and Liability
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
MustHaveMenus makes no warranties as to the fitness, correctness, reliability, or merchantability of the Services, Content, or Site for a particular purpose. MustHaveMenus provides no assurances or warranties that the Site or Services will be free from errors, omissions, incompatibilities, interruptions, or other risks commonly associated with the use of computers, software, or the Internet. MustHaveMenus has no obligation to service or remedy any aspect of the Site or Services. WE PROVIDE THE SERVICE "AS IS".
MustHaveMenus also makes no warranties about the reliability or capabilities of its publishing partners on social media or the internet. Partner websites and policies, third party software stability, and internet connection speeds are out of our control.
IN NO EVENT WILL MUSTHAVEMENUS INC., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF MUSTHAVEMENUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability in any matter arising out of or related to these terms is limited to USD $50 or the aggregate amount that you paid for access to the Service during the three month period preceding the event giving arise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions of this Section apply to the maximum extent permitted by law.
About These Terms
We may modify these terms, or add additional terms, at any time to better reflect changes to laws, our Services or our business practices. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll make reasonable efforts to post notices of significant modifications to the terms on our website or in email notices to Accounts. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms constitute the entire agreement and control the relationship between MustHaveMenus and you. They do not create any third party beneficiary rights.
ALL CLAIMS RELATED TO THESE USAGE TERMS SHALL BE HEARD IN THE COUNTY OF JACKSON AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.