Terms of Use

1. Acceptance of Terms

By accessing or using QR Menu & Order ("the Service"), operated by InnoByte OÜ ("we," "our," or "us"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including restaurant owners, employees, customers, and visitors to our website. By creating an account, accessing your menu via QR code, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

QR Menu & Order is a digital menu and ordering platform that enables restaurants to:

• Create and manage digital menus with dishes, descriptions, prices, and images
• Generate QR codes for easy customer access to menus
• Display menus in multiple languages with automatic translation
• Customize menu appearance (themes, fonts, colors)
• Track QR code scans and menu views through analytics
• Share Wi-Fi credentials with customers
• Display social media links and additional information

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Requirements

3.1 Account Creation

To use the Service, you must:

• Be at least 18 years of age or have parental consent
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Choose a secure password and keep it confidential
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password
• Ensuring that all information you provide is accurate and lawful
• All content you upload, create, or display through the Service

4. Subscription Plans and Pricing

4.1 Available Plans

We offer the following subscription plans:

• Free Plan: Limited features including up to 100 QR code scans per month, basic menu management, and standard support
• Pro Monthly Plan: Unlimited scans, unlimited menus, advanced analytics, priority support, and all premium features (billed monthly)
• Pro Annual Plan: Same features as Pro Monthly but with annual billing at a discounted rate

4.2 Payment Terms

Subscription payments:

• Are processed securely through Stripe
• Are billed in advance on a monthly or annual basis
• Will automatically renew unless cancelled before the renewal date
• Are non-refundable except as required by law or as explicitly stated in these Terms
• Prices are subject to change with 30 days' notice

4.3 Cancellation and Refunds

You may cancel your subscription at any time:

• Cancellation takes effect at the end of your current billing period
• You will continue to have access to premium features until the end of your paid period
• No refunds will be provided for the current billing period unless required by law
• Upon cancellation, your account will revert to the Free Plan with applicable limitations

5. User Content and Responsibilities

5.1 Content Ownership

You retain ownership of all content you create, upload, or display through the Service, including:

• Menu items, descriptions, and prices
• Images of food and beverages
• Restaurant information and settings
• Any other content you provide

5.2 Content License

By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• Display, distribute, and transmit your content through the Service
• Use your content to provide and improve our services
• Make your menus accessible to customers via QR codes
• Store and process your content on our servers

5.3 Content Requirements

You agree that all content you provide will:

• Be accurate, legal, and comply with all applicable laws
• Not infringe upon any third-party rights (copyright, trademark, privacy)
• Not contain illegal, harmful, or offensive material
• Not mislead or deceive customers
• Comply with food safety and advertising regulations in your jurisdiction

5.4 Prohibited Content

You may not use the Service to:

• Display illegal products or services
• Infringe on intellectual property rights
• Distribute malware, viruses, or harmful code
• Engage in fraudulent or deceptive practices
• Violate any local, national, or international laws
• Harass, threaten, or harm others

6. Service Limitations and Restrictions

6.1 Free Plan Limitations

Users on the Free Plan are subject to the following limitations:

• Maximum of 100 QR code scans per month
• Access to basic features only
• Standard customer support response times
• Limited customization options

6.2 Service Availability

We strive to provide reliable service but cannot guarantee:

• Uninterrupted or error-free operation
• That the Service will be available at all times
• That all features will function perfectly at all times
• That data will never be lost or corrupted (backup your data)

6.3 Usage Restrictions

You agree not to:

• Attempt to circumvent service limitations or restrictions
• Reverse engineer, decompile, or disassemble the Service
• Use automated tools to access the Service without authorization
• Interfere with or disrupt the Service or servers
• Share your account credentials with others
• Create multiple accounts to circumvent plan limitations

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its design, features, functionality, and content (excluding your content), is owned by InnoByte OÜ and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute any part of the Service
• Use our trademarks, logos, or branding without permission
• Remove or alter any copyright notices
• Create derivative works based on the Service

7.2 Third-Party Intellectual Property

You are responsible for ensuring that any content you upload does not infringe upon third-party intellectual property rights. We reserve the right to remove content that violates intellectual property rights upon receiving a valid complaint.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

Key points regarding data:

• You are responsible for backing up your own data
• We reserve the right to delete accounts that are inactive for extended periods
• Public menus are accessible to anyone with the QR code or URL
• Analytics data may be collected about menu usage

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

• Contacting us at info@innobytes.io
• Cancelling any active subscriptions
• Deleting your account through the settings page (if available)

9.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You fail to pay subscription fees
• You use the Service in a way that harms us or other users
• Your account remains inactive for an extended period

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• Your menus and QR codes will become inaccessible
• We may delete your account data in accordance with our Privacy Policy
• You will not receive a refund for any unused subscription period
• Any outstanding payment obligations will remain

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Service will be uninterrupted or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, revenue, data, or business opportunities
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not responsible for the accuracy of menu content you provide
• We are not responsible for issues arising from third-party services (Stripe, Supabase, etc.)

10.3 Third-Party Services

We use third-party services (Stripe for payments, Supabase for hosting, etc.). We are not responsible for the availability, functionality, or security of these third-party services. Any issues with third-party services are subject to their respective terms and policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless InnoByte OÜ, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Content you provide through the Service

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Tallinn, Estonia.

12.3 Informal Resolution

Before initiating any legal proceedings, we encourage you to contact us at info@innobytes.io to attempt to resolve the dispute informally.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email notification to registered users (for significant changes)

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and InnoByte OÜ regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or technical failures.

15. Contact Information

If you have any questions about these Terms of Use, please contact us:

16. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.