These General Terms & Conditions (“Terms”) govern the sale of subscription services by CreActive Digital LLC (“we,” “us,” “Provider”) to you (“Customer”) via the website menuinapp.com. By placing an order, you accept and agree to these Terms.
1. Definitions
- Basic Service: Access to the Online Ordering System (web widget, Facebook Smart Links, QR code menu, management app) at the Annual Rate.
- Bundles: Optional add-on packages (Starter, Growth, Enterprise) that extend Basic Service with Marketing, Website, and App modules, billed Monthly.
- Subscription: Recurring access to Basic Service or a Bundle for the applicable term (Annual or Monthly).
2. Order Process & Contract Formation
- Selection: Customer selects Basic Service and/or a Bundle, reviews pricing and features, and clicks “Activate and Save.”
- Payment: Customer provides payment details via secure gateway.
- Confirmation: Upon successful payment authorization, we send an Order Confirmation email. The contract is binding when this email is sent.
3. Pricing & Payment Terms
- Basic Service: € 99 per year, prepaid at the start of each 12-month term.
- Starter Bundle: € 99 per month, billed monthly.
- Growth Bundle: € 129 per month, billed monthly.
- Enterprise Bundle: € 199 per month, billed monthly.
- VAT: All prices are exclusive of VAT; applicable VAT will be added at checkout based on Customer’s billing address.
Payment methods accepted: credit/debit card, PayPal, or other gateways as displayed on the Site.
4. Renewal & Cancellation
- Automatic Renewal
- Basic Service renews automatically at € 99 for each subsequent 12-month period.
- Bundles renew automatically at their monthly rate on the same calendar day each month.
- Cancellation by Customer
- You may cancel your Subscription at any time via your account dashboard.
- Cancellations take effect at the end of the current paid term (no prorated refunds).
- Termination by Provider
- We may suspend or terminate access for non-payment or material breach of these Terms.
5. Refund Policy
- Basic Service: No refunds after the initial 14-day trial or, if no trial, after payment is processed.
- Bundles: No prorated refunds for partial months; full month is owed upon activation.
6. Customer Obligations
- Keep payment details up to date to avoid service interruption.
- Comply with all applicable laws when using the Service (e.g., data protection, consumer sales regulations).
7. Provider Obligations & Liability
- Service Level: We will use commercially reasonable efforts to maintain 99.5% uptime for the SaaS platform.
- Support: Email support via info@menuinapp.com; priority support for Enterprise Bundle subscribers.
- Limitation of Liability: Except for willful misconduct or gross negligence, our aggregate liability is limited to the fees paid by you in the 12 months preceding the claim.
8. Intellectual Property
All software, trademarks, content, and documentation remain our sole property. You receive a limited, non-exclusive license to use the Service for your restaurant operations only.
9. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the federal or state courts located in Sheridan County, WY.
For questions or support regarding these Terms, please contact CreActive Digital LLC at info@menuinapp.com.