MenuSmart terms of service

MenuSmart is provided by Edgar Hugo Cheverier Aguilar, a sole trader established in Spain (tax ID 55644340A, Carrer de la Perdiu, 48, Urb. Can Regasol, 08415 Bigues i Riells del Fai (Barcelona), España, support@menusmart.dev).

These terms apply to every use of the MenuSmart service by the customer, meaning the business or professional that creates an account, and by the collaborators it invites. Together with the data processing agreement and the plan the customer chooses, they are general contract terms under Spanish Law 7/1998.

MenuSmart is offered only to businesses and professionals aged 18 or over acting for the purposes of their trade or profession. By accepting these terms, the customer confirms that it acts in that capacity and that the person accepting can bind it. Consumer protection rules do not apply.

These terms include the data processing agreement.

The contract is made online, in these steps:

• Step 1: create an account with your email address and a password, or with your Google account.
• Step 2: accept these terms and the data processing agreement. The contract for the Free plan starts at that moment.
• Step 3: to subscribe to Pro, choose the plan on the pricing page and pay in Stripe’s checkout. The Pro contract starts when the payment succeeds, and we send you a confirmation email.

Before you submit each form you can review and correct what you entered; in Stripe’s checkout you see the price and your details before you pay. You can correct account and restaurant details later in the dashboard.

We keep the version of the terms you accepted and the date of acceptance with your account, and you can ask us for a copy. This page always shows the current version, which you can print or save.

The contract can be made in Spanish, English, French, or German. If the versions differ, the Spanish version prevails.

The Free plan costs nothing and has the limits shown on the pricing page. The Pro plan costs €9.99 per month, including 21% Spanish VAT (IVA), and adds the features shown on the pricing page.

Pro is a monthly subscription paid in advance by card through Stripe, and it renews automatically every month until you cancel it.

You can cancel at any time from the dashboard, through the Stripe customer portal. Pro stays active until the end of the month already paid, and partial months are not refunded. When Pro ends, the account returns to the Free plan: bookings and scheduled menus are switched off, and your content is kept.

We may change prices or plan features with at least 30 days’ notice by email. A new price applies from the first renewal after that notice period, and you can cancel before it applies.

If you need an invoice with your business details, write to support@menusmart.dev.

You are responsible for everything you and your collaborators publish with MenuSmart: menus, prices, allergens and other food information, images, text, opening hours, and booking conditions. It must be accurate and lawful, you must have the right to use it, and the food information must meet the rules that apply to your business, such as Regulation (EU) No 1169/2011 on the provision of food information to consumers.

Keep your sign-in details secure, give collaborators access only when needed, and tell us as soon as you suspect unauthorized access. Your collaborators’ actions count as yours.

You keep all rights in your content. You give MenuSmart a non-exclusive, royalty-free license, for as long as the content is in the service, to host, reproduce, adapt to each format, translate when you ask, and show it on your public pages, printable menus, and search results, only to provide the service.

You may not use MenuSmart to:

• publish illegal content, or content that infringes the rights of others, such as copyright, trademarks, or image rights;
• offer products or services that are illegal where you offer them;
• publish content that incites violence or hatred, harasses people, or deceives guests;
• send spam, use guests’ data for purposes other than their bookings, or ask guests for health or other sensitive data in bookings or reviews;
• attack, overload, scrape, or reverse engineer the service, get around its limits or security, or access other customers’ data.

MenuSmart hosts the content that customers publish and does not review it before publication. We act when we receive a notice or otherwise become aware of content that may be illegal or break these terms.

Anyone can report content from the Report content link on the restaurant page or by writing to support@menusmart.dev, giving the exact address (URL), why the content is illegal, their name and email address, and a statement that the notice is accurate and made in good faith. We confirm receipt, review the notice, and tell the sender our decision.

A person reviews every notice and decides. We use automated tools only to check the technical structure of menus, never to decide whether content is lawful.

Depending on how serious and repeated the problem is, we may ask you to fix the content, remove or disable it, unpublish a restaurant page, or suspend or close the account. We tell you the decision and its reasons by email, unless the law prevents it, and you can reply to contest it; a person will review your reply and answer.

We report to the authorities any information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, as the Digital Services Act requires.

The AI assistants use models from Anthropic. The dashboard assistant can draft and import menus, change restaurants, menus, and bookings when you ask it to, and answer questions about your account. Its output may be wrong or incomplete: check it before you publish it, especially prices and allergens.

Use of the AI assistant is subject to the monthly limits of your plan. Do not share more personal data with it than the task needs.

For the data of guests who book with your restaurant or leave reviews, you are the controller and MenuSmart is your processor under the data processing agreement, which forms part of these terms. You are responsible for having a legal basis for that processing and for informing your guests.

For your own account data, MenuSmart is the controller, as the privacy policy explains.

Read the privacy policy.

You can end the contract at any time: cancel Pro from the dashboard and delete the account from the Account section. There is no notice period, termination fee, or switching charge.

Before you leave, or to move to another provider or to your own systems, you can ask support@menusmart.dev for an export of your exportable data; tell us whether you are moving to another provider (with its contact details) or to your own systems, or only want your data deleted. We deliver the export without undue delay and within 30 days of your request (the transitional period). During that time the contract and the service continue, and we give you and the provider you choose reasonable assistance, including the information your exit needs and any known risk to the continuity of the service, and we keep the data secure while it is transferred. You can extend the transitional period once. When the switch is complete, or when you ask only for deletion, the contract ends and we confirm it by email.

Exportable data: account details; restaurants with their settings, opening hours, booking settings, and floor plans; menus with all their content and translations; the images you uploaded, as their original files; the bookings and reviews still stored; and the list of collaborators. Structured data is delivered as JSON with a description of its structure, and images as their original files. Data about the internal operation of the service that could reveal its security measures, such as security records, usage limits, and technical logs, is excluded.

After the transitional period you have 30 days to retrieve the data. When that period ends, we delete all exportable data, except what the law requires us to keep, such as billing records. If you delete the account yourself, deletion is immediate, so export your data first.

The infrastructure that stores your data is subject to European Union law: Google Cloud in the EU for the database, files, and server functions. The website is hosted by Vercel, and some providers are in the United States, as the privacy policy and the sub-processor list show; they operate under contractual safeguards, and we do not give public authorities of third countries access to non-personal data stored in the EU unless an international agreement or EU law allows it.

See the sub-processor list.

We work to keep MenuSmart available and secure, but we do not guarantee that it will run without interruptions or errors. We may carry out maintenance and change or remove features, and we will tell you by email in advance when a change materially reduces what your plan includes.

Support is by email at support@menusmart.dev, in Spanish, English, French, or German.

Each party is liable for damage it causes by breaching these terms. Except for willful misconduct or gross negligence, and except where the law does not allow a limit, MenuSmart’s total liability per year is limited to the greater of the amounts the customer paid in the previous 12 months and €100, and MenuSmart is not liable for lost profits, lost revenue, or indirect damage.

The customer is liable for its content and for its use of the service, and will hold MenuSmart harmless from third-party claims arising from them.

We may suspend access or terminate the contract immediately if the customer seriously or repeatedly breaches these terms, does not pay, or uses the service in a way that puts other customers or the service at risk. In other cases, we may terminate the contract with 30 days’ notice by email.

We may delete accounts with no active subscription and no sign-in for 12 months, after warning the account’s email address at least 30 days before.

When the contract ends, the sections on data export and deletion and on liability continue to apply.

We may update these terms, for example when the service or the law changes. We announce significant changes by email at least 30 days before they apply. If you do not agree, you can end the contract before then; if you keep using the service afterwards, you accept the new version.

These terms are governed by Spanish law. Disputes are submitted to the courts of the provider’s domicile, unless a mandatory rule provides otherwise.

If any clause is invalid, the rest remain in force.