Terms of Use

These Terms of Use (hereinafter “Terms”) define the terms and conditions under which Menyko (hereinafter “Menyko”, “we”) makes available its SaaS QR Code ordering platform accessible at menyko.com (hereinafter the “Service”).

The Service is intended for food service professionals (hereinafter the “User” or the “Client”) who wish to offer their end customers (hereinafter the “Diners”) a digital ordering experience via QR Code.

Registration and use of the Service imply full and unconditional acceptance of these Terms. If you do not accept these conditions, please do not use the Service.

Access to the Service requires the creation of a user account via the registration form available on menyko.com. Registration is free and grants a seven (7) day trial period with no commitment and no credit card required.

The User must be a natural or legal person engaged in a professional food service activity. The User warrants the accuracy and completeness of the information provided upon registration.

Menyko reserves the right to refuse a registration or to suspend an account in the event of non-compliance with these Terms, provision of inaccurate information, or fraudulent behavior.

Each User has a personal account protected by a login (email address) and a password. The User is solely responsible for the confidentiality of their credentials and for any action taken from their account.

In the event of suspected or confirmed compromise of their credentials, the User undertakes to inform Menyko without delay at contact@menyko.com.

The User's account is linked to an organization (paying entity) that may include one or more restaurants depending on the subscribed plan. The User holding the “owner” role is responsible for managing their organization and its members.

The User undertakes to:

• use the Service in accordance with its intended purpose and these Terms;
• provide accurate and up-to-date information about their establishment, menu, and products;
• not publish any unlawful, misleading, defamatory content or content that infringes the rights of third parties;
• not attempt to access the data of other users or disrupt the operation of the Service;
• comply with all regulations applicable to their food service activity, particularly regarding allergen information;
• not use the Service for resale, redistribution, or making it available to third parties without prior authorization from Menyko.

All elements constituting the Service (software, design, texts, graphics, logos, icons, the “Menyko” brand) are the exclusive property of Menyko or its licensors. Any unauthorized reproduction, representation, modification, or exploitation is prohibited.

The User retains ownership of all content they publish on the Service (menu texts, product photos, establishment logo). The User grants Menyko a non-exclusive, worldwide, royalty-free license to display such content for the purposes of operating the Service.

The processing of personal data carried out in connection with the Service is described in our Privacy Policy, which forms an integral part of these Terms.

By using the Service, the User acknowledges having read this policy and accepts its terms.

The User acknowledges and accepts that Menyko's technical and support team may access their account and associated data (restaurant configuration, menus, orders) in the following cases:

• Technical support: to diagnose and resolve an issue reported by the User or detected by our monitoring systems;
• Maintenance and improvement of the Service: to carry out maintenance operations, data migrations, or updates necessary for the proper functioning of the platform;
• Security: to prevent or remedy a security vulnerability, fraudulent use, or violation of these Terms;
• Legal obligation: to respond to a request from a competent judicial or administrative authority.

This access is strictly limited to authorized Menyko personnel, in accordance with the principle of data minimization. The Menyko team undertakes not to modify the User's data without their prior consent, except in the event of a technical or security emergency.

The User may request a log of accesses made to their account by contacting contact@menyko.com.

Menyko undertakes to provide the Service with diligence and in accordance with industry standards, it being understood that this constitutes an obligation of means.

Menyko shall not be held liable for any direct or indirect damages resulting from:

• temporary unavailability of the Service due to maintenance or force majeure;
• inaccuracy of information entered by the User (menu, prices, allergens);
• use of the Service by Diners;
• the commercial relationship between the User and their Diners, including payment for meals which is made directly at the restaurant and not through Menyko.

In any event, Menyko's total liability under these Terms is limited to the amounts paid by the User during the twelve (12) months preceding the event giving rise to the claim.

Menyko reserves the right to modify these Terms at any time. Modifications shall take effect thirty (30) days after their publication on the Service, unless justified by urgency.

The User will be informed of any substantial modification by email or by notification in the dashboard. Continued use of the Service after the modifications take effect shall constitute acceptance of the updated Terms.

These Terms are governed by French law.

In the event of a dispute, the parties undertake to seek an amicable resolution. Failing agreement within thirty (30) days, the dispute shall be submitted to the competent courts within the jurisdiction of Menyko's registered office.

In accordance with Article L. 612-1 of the French Consumer Code, a consumer User may use a consumer mediator free of charge. However, as the Service is intended exclusively for professionals, this provision does not apply in principle.

For any questions regarding these Terms, you may contact Menyko:

• Email : contact@menyko.com
• Website : menyko.com