Terms and conditions

General

Please read this entire page carefully, as signing up for (subscribing) and using SpotMenu means accepting these terms. If you do not consent to these terms, you cannot use SpotMenu. These terms may have changed since your last visit to this website and/or your last use of SpotMenu. By using SpotMenu you indicate acceptance of any updates to these terms and conditions.

SpotMenu, is a service provided to you at a recurring fee both in euros. We expect this product and the services offered by this product will change over time. In particular, we will make feature changes and/or add advanced or premium user services or add-ons that may only be available for additional one-time or recurring fees on an opt-in basis. Your right to use this product is limited in scope, revocable, personal, non-transferable and non-exclusive.

Breach of Terms

If you violate any of these terms your account will be terminated. We may immediately deactivate your account and prevent access to all of your data without prior notice or liability to you.

Signup, Privacy, and Registration Data Rights

To access SpotMenu you will be required to sign up for an account and provide a password to secure the account. For payment, you must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. SpotMenu does not sell, trade, or otherwise transfer to outside parties your personal signup data or any other personally identifiable information or data, with the exception of when we believe the release is necessary to comply with the law. We may occasionally contact you via email with product updates that we feel will improve your experience with SpotMenu. These emails will always include a prominent, and effective, unsubscribe link.

Credit Card Information

No one at SpotMenu can see your credit card information. We use Stripe, Paypal or Paddle for payment processing. Stripe encrypts your credit card information in their database and is PCI and GDPR compliant, so you can feel good about how they secure your information. Stripe provides to us the last 4 digits of your credit card only so you can later identify which credit card you are using within our service.

Security and Password

SpotMenu encrypts your password in our database for security. It is your sole responsibility to maintain the confidentiality of your password and account. If you forget your password we will send a secure link to your email address so you can reset it.

 

Your Content and Code of Conduct

You are responsible for all content posted and activity that occurs under your account. This means that you need to ensure that all of the content posted using SpotMenu complies with all applicable laws and regulations, including (but not limited to) U.S. copyright law. SpotMenu does not pre-screen content to ensure compliance, but we do have the right (but not the obligation) to refuse or remove any content that is available via the SpotMenu service, at our sole discretion.

If you upload images or fonts to be used with the SpotMenu service, you must either own the font(s) or image(s) or have the rights to use them for your intended purpose.

You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or make available any material that contains software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware equipment or interfere with or disrupt the SpotMenu service.

You may not redistribute or post any graphic image from this site or service on any electronic bulletin board, put these images in a down-loadable or retrievable format, or resell these images. Using a graphic image from this site in such a manner is a violation of Federal copyright law.

Subscription Service

You will receive access to SpotMenu on a monthly or yearly subscription fee basis. The term will renew automatically and continuously until canceled. We reserve the right to raise or lower the price of our services from time to time. However, we will not raise the monthly or yearly fee for your existing subscription without permission from you first.

Currency Conversion

You will be charged in euros. If your bank is not in the European union, it may then add up to two types of additional charges:

A conversion fee to exchange the payment from euro to your local currency.

A “foreign transaction” fee because your bank is located in a country other than where SpotMenu is located.
 

This is up to your bank, so the exact behavior might vary.

Subscription fees and one-time fees for additional opt-in, add-on products are listed in euros. Any other currency rates that may be displayed are for information purposes only and are subject to change without notice. SpotMenu cannot guarantee the accuracy of other currency rates displayed.

Warranties and Disclaimers

The SpotMenu service is provided on an "as is" and "as available" basis. We do not guarantee and are not liable for any failure to access or store your data on SpotMenu at any time. Like all cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

Without limiting the foregoing, we make no warranty that:

The service will meet your specific requirements

The service will be uninterrupted, timely, secure, error-free, or data-loss free

The results that may be obtained from the use of the service will be effective, accurate, or reliable

The quality of the service or materials purchased by you will meet your expectations or be free from mistakes, errors, or defects

Any errors or defects in the service will be corrected

The SpotMenu service could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services, at any time without notice. The SpotMenu service and SpotMenu materials may be out of date, and we make no commitment to update such materials or services.

The use of the SpotMenu service, SpotMenu materials, or any other materials through this site is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Cancellation and Termination

You are solely responsible for canceling your subscription. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by logging in the service you are subscribed to us from (such as stripe, paypal) and deactivate your subscription.

Additionally, if your payment method is declined over several days of repeated attempts, your subscription will be automatically canceled.

Once your subscription is canceled you will lose access rights to that account, and within few days your menu content data will be permanently removed from our servers.

If you cancel before the end of your current paid up billing period (month or year), you are charged for the current billing period (month or year), but you will not be charged again.

SpotMenu may, at our sole discretion, terminate or suspend your access to all or part of SpotMenu without prior notice or liability to you.

Refunds

Since we offer a free account, SpotMenu does not offer refunds for the SpotMenu service, including refunds for partially used terms. If not satisfied for any reason, you may cancel your subscription to avoid charges for the next billing period (month or year).

Term

This Agreement shall commence on the date you first use the SpotMenu service. Notwithstanding the foregoing, SpotMenu may stop, temporarily or permanently, providing the SpotMenu service or any features within SpotMenu, to you or users generally and may not be able to provide you with prior notice. We retain the right to create limits on access and expiry of our service at our sole discretion at any time without prior notice.

Children and Minors

The SpotMenu service is not intended for use by minors under the age of 18. We do not knowingly solicit any information from such minors. If you are a parent or legal guardian who discovers that your child has provided us with information without your consent, you may notify us at our company contact page and request that we permanently remove such information from our database.
Governing Law

The laws of the State of Malta will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Malta and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.

Miscellaneous

These terms constitute the entire agreement between you and SpotMenu with respect to your access and use of SpotMenu, superseding any prior agreements between us (including any prior versions of these terms). The failure of SpotMenu to enforce or exercise any right or provision of these terms of service shall not constitute a waiver of that right or provision.

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