MustHaveMenus Terms of Service
Updated: January 2024
Welcome to MustHaveMenus! We offer a suite of menu management and restaurant marketing tools.
Please read these Terms of Service ("Terms") carefully before using the www.musthavemenus.com website and any Services operated by MustHaveMenus, Inc. ("MustHaveMenus", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service. “Services” means MustHaveMenus’ online software-as-a-service platform and services provided by MustHaveMenus.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
1. Basic Definitions
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.
2. Requirement to Be in Good Standing
Access to the Services are granted to users that have an active (not canceled) account with a valid username and password at MustHaveMenus.com. The Company may revoke privileges to anyone it believes is abusing the Site or violating these Terms, as well as seek legal remedies necessary to protect its copyrights and intellectual property.
3. Additional Users
Each Account may only be used by one Account holder or single individual. A single account login may not be shared by multiple users. Businesses or groups must create separate accounts with unique logins for each user or contact customer service to discuss Enterprise license options.
For purposes of these Terms: (i) “MustHaveMenus Content” means templates, text, graphics, images, music, software, machine learning models, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by MustHaveMenus or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service. User Content includes any Output. Collectively, MustHaveMenus Content and User Content are referred to as “Content.”
Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, MustHaveMenus and its licensors exclusively own all right, title and interest in and to the Service and MustHaveMenus Content, including all associated intellectual property rights. You acknowledge that the Service and MustHaveMenus Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or MustHaveMenus Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to MustHaveMenus a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and MustHaveMenus Content to you and, depending on the permission you grant, to other users, individuals, and/or organizations. Subject to the foregoing license, as between MustHaveMenus and you, you retain any and all of your rights to your User Content.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by MustHaveMenus on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Removal of User Content: You can remove your User Content by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Contact our support team at service@MustHaveMenus.com for assistance in removing User Content.
Rights in Content Granted by MustHaveMenus: Subject to your compliance with these Terms, MustHaveMenus grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the MustHaveMenus Content solely in connection with your permitted use of the Services. Stock images and graphics available on the site may only be used in combination with templates, and not copied or used in original form.
5. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission to do so:
- post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
- access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
- use the Service to disseminate personally identifiable information (PII as defined by Payment Card Industry/PCI standards) about any individual or individuals without their express consent;
- access or use the Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by MustHaveMenus in its sole discretion;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
- use the Service for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your access to or use of the Service;
- access or use the Service from any country or region subject to a comprehensive U.S. embargo; or
- access or use the Service in any way not expressly permitted by these Terms.
Some parts of the Service, including Add-ons, are made available on a paid subscription basis ("Subscription(s)"). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth here: https://www.musthavemenus.com/menu/pricing.do. “Subscription Fees” means all fees associated with your Subscription.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.
A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide MustHaveMenus with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize MustHaveMenus to charge all Subscription Fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MustHaveMenus may attempt to charge the credit card on file one or more times. If your form of payment fails after several attempts, your account will move to canceled status. Reactivating a canceled account requires payment at the most current rates.
You may cancel your Subscription either through your Account Settings page or by contacting MustHaveMenus’ customer support team at service@MustHaveMenus.com and indicating your intention to cancel your Subscription.
7. Effect of Cancellation
The features and privileges of MustHaveMenus are no longer available through a canceled account. Any web links you have established for QR codes, Online Menus and Link Pages will be deactivated. Digital display screens will also be deactivated. File storage is not guaranteed for canceled accounts. Designs may be subject to removal and deletion. Reactivating a canceled account requires payment at the most current rates.
8. Fees and Fee Changes
MustHaveMenus, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions, including Add-Ons. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.
MustHaveMenus will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.
10. 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.
11. 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 effects 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.
12. Communications from MustHaveMenus
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
The trade names, trademarks, service marks, logos, and slogans (each a “Mark” and collectively the “Marks”) contained in this Site are the Marks of either MustHaveMenus or third parties. You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent of MustHaveMenus or the consent of such third party owner.
14. Intellectual Property
The Service and its Content, features and functionality are and will remain the exclusive property of MustHaveMenus and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MustHaveMenus.
You agree to defend, indemnify and hold harmless MustHaveMenus and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
16. 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 rise 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.
We may modify these terms, or add additional terms, at any time to better reflect changes to laws, our Services or our business practices. 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 there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. If you do not agree to the modified terms for a Service, you are no longer authorized to use the Service.
18. Entire Agreement
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 DESCHUTES AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON.