Effective: 11.12.2024
Terms & Conditions
These General Terms and Conditions ("Terms") govern the use of services and platforms provided by Menuella, including menuella.com, menuella.app, mnel.la, and all related services, applications, and interfaces (collectively, the "Platform" or "Services"). By registering for, accessing, or using our Services, you agree to be legally bound by these Terms.
Important notice: If you accept these Terms on behalf of a company or other legal entity, you represent that you have full authority to bind that entity.
1. Scope and Subject Matter
Menuella is a B2B software-as-a-service platform for hospitality and related businesses. The Platform enables digital menu management, order processing, payment acceptance, and additional business features.
2. Registration and Eligibility
2.1 Account registration
Use of the Services requires a complete registration. You must provide accurate and current information and update it without delay when changes occur. You are solely responsible for your credentials and all activities performed through your account.
2.2 Legal capacity
Services are intended for legally competent individuals and legal entities (including authorized representatives). By using the Services, you confirm that you have legal capacity to enter into this agreement.
3. Services and Availability
3.1 Scope
- Online ordering: ordering workflows including delivery zones, scheduling, and status updates.
- POS integrations: synchronization with cash register and POS systems.
- Menu/catalog management: multilingual menu and product data management including allergen and pricing information.
- Loyalty/CRM: customer retention tools including points and voucher systems.
- API/integrations: export and interface options for third-party systems.
Menuella may modify, limit, or discontinue Services where reasonably necessary.
3.2 License
Menuella grants a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform in accordance with these Terms and your subscription plan.
3.3 External services
Use of third-party domains, APIs, and integrations is at your own responsibility. Menuella is not responsible for third-party availability, legal compliance, or performance.
4. User Obligations
4.1 Prohibited conduct
You must use the Platform lawfully. Prohibited actions include malware distribution, unlawful content, unauthorized access attempts, security circumvention, spam, phishing, and fraud.
4.2 Legal responsibility for content
You are solely responsible for all content and legal obligations within your business operations (e.g., food labeling obligations, youth protection, pricing compliance, and rights to media/assets).
4.3 Data protection compliance
Use of personal data must comply with applicable privacy laws and with Menuella's Privacy Policy.
5. Fees and Payment Terms
5.1 Fees
Fees depend on the selected subscription plan and services. Price changes are communicated before they take effect.
5.2 Payment obligations
Paid subscriptions must be paid in full and on time in EUR via supported providers such as Stripe and PayPal.
5.3 Refunds
Refunds are excluded unless required by law or explicitly agreed by Menuella.
6. Intellectual Property
6.1 Platform rights
All rights in software, code, data models, designs, trademarks, and related materials remain with Menuella or its licensors.
6.2 User content license
You retain ownership of your uploaded content. You grant Menuella a non-exclusive license to process and display such content for operation and improvement of the Services.
7. Liability and Warranty
7.1 Liability limitation
Menuella has unlimited liability in cases of intent, gross negligence, and injury to life/body/health. For slight negligence, liability is limited to breach of essential contractual obligations and to foreseeable typical damage.
7.2 Availability disclaimer
Services are provided "as is" and "as available." Menuella does not guarantee uninterrupted or error-free operation.
7.3 Force majeure
Menuella is not liable for outages caused by events beyond its reasonable control.
8. Privacy and Security
Personal data processing follows GDPR/BDSG requirements and Menuella's Privacy Policy. Menuella applies technical and organizational security measures, but absolute security cannot be guaranteed.
9. Term and Termination
9.1 Ordinary termination
You may terminate according to agreed notice periods. Account access ends at the effective termination date.
9.2 Extraordinary termination
Menuella may terminate for cause, including material breaches, payment default, unlawful use, or security threats.
10. Governing Law and Venue
These Terms are governed by the laws of the Federal Republic of Germany, excluding CISG. Exclusive venue is Menuella's registered seat where legally permissible.
11. Contact
Menuella
represented by: Nuh Kayran
Sulgauer Str. 28
78713 Schramberg
Germany
Phone: +49 151 70572165
Email: privacy@menuella.com
Website: www.menuella.com
12. Amendments and Severability
Menuella may update these Terms where necessary for legal, technical, or economic reasons. If individual provisions are invalid, the remaining provisions remain effective.