Terms of Use & User Agreement

1. Parties and Definitions

This Agreement is concluded between the business that operates the Service and whose identity details appear in the table below (“Menulab”) on the one part, and the natural or legal person who registers for or uses the Service (the “User” or “Subscriber”) on the other part.

“Service” means the cloud-based software platform providing tools such as digital menus, ordering, terminals, inventory and reporting to restaurant and café businesses; “Content” means the menus, products, images, text and other data uploaded to the Service by the User; “Plan” means the free or paid subscription package.

2. Scope of the Service

Menulab is provided as Software-as-a-Service (SaaS) and enables businesses to build digital menus, manage orders and tables, track inventory and run campaigns and reporting. The Service is provided “as is” and “as available”; features may be improved, changed or removed from time to time.

Menulab does not sell physical products; the Service is entirely a digital service. The provision, pricing and sale of food/beverage items that Users offer to their own guests are the sole responsibility of the relevant User.

3. Account Creation and Security

To use the Service you must create an account. You undertake to provide accurate, current and complete information at registration. You represent that you are authorised to use the account and are over 18 years of age (or have the legal capacity to contract in your jurisdiction).

You are responsible for keeping your password and account credentials confidential and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised access.

A User who creates an account on behalf of a business represents and warrants that it is authorised to represent that business and to accept this Agreement on its behalf. The User is responsible for ensuring that any staff/authorised users it invites comply with this Agreement.

4. Plans, Pricing and Payment

The Service offers a free plan and paid (Pro) subscription plans. Paid plans are charged in advance based on the period you select (monthly or annual). Current prices and plan scopes are set out on the pricing page of our website.

Payments are collected through the payment institution PayTR. Unless you cancel, your subscription automatically renews at the end of each period at the then-current price. We will notify you of price changes a reasonable time before they take effect; changes apply from the next renewal period.

Where a trial period is offered (e.g. a 14-day Pro trial), its conditions are stated on the relevant page. Taxes are included in or added to prices in accordance with applicable law.

Because the Service is a digital service whose performance begins immediately, subscription fees paid are, as a rule, non-refundable. Cancellation and refund conditions are set out in detail in the Cancellation and Refund Policy and the Distance Sales Agreement.

5. Acceptable Use

When using the Service, you agree not to:

• Use the Service in violation of applicable law, third-party rights or this Agreement;
• Upload Content that is misleading, unlawful, defamatory, obscene, or that infringes the intellectual property rights of third parties;
• Place an unreasonable load on the Service’s infrastructure, attempt to circumvent security measures, or gain unauthorised access to systems;
• Use the Service to distribute malware, send unsolicited messages (spam), or for fraudulent purposes;
• Copy, reverse engineer or create derivative works of the Service’s source code (except as permitted by law);
• Resell the Service or rent it to third parties without our prior written consent.

6. User Content

You own and are responsible for all Content you upload to the Service. You warrant that you hold all necessary rights to your Content and that the Content does not infringe the rights of third parties.

So that we can provide, host and technically operate the Service for you, you grant us a limited, worldwide, royalty-free licence to store, reproduce and display your Content solely for that purpose. This licence lasts for as long as you use the Service.

We reserve the right to remove or disable access to Content that we consider to be unlawful or in breach of this Agreement.

7. Intellectual Property

All rights in the Service, the Menulab brand, logos, software, design and all related intellectual property belong to Menulab or its licensors. This Agreement does not transfer any rights to you other than the right to use the Service in accordance with its terms.

8. Third-Party Services

The Service uses third-party services such as payment (PayTR), infrastructure hosting, email and content delivery. Use of these services may also be subject to the respective providers’ own terms. We are not liable for interruptions or errors of third-party services that are beyond our reasonable control.

9. Service Continuity and Maintenance

We do not guarantee that the Service will be uninterrupted or error-free. The Service may be temporarily interrupted for scheduled maintenance, updates or unforeseen technical reasons. Where possible, we will try to announce scheduled interruptions in advance.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Service is provided “as is” and we make no warranties, express or implied, including fitness for a particular purpose. We are not liable for indirect, incidental, special or consequential damages (including loss of profit, data or business).

In any event, our total liability under this Agreement is limited to the amount you actually paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot be limited under applicable law.

11. Indemnity

You agree to hold us harmless from and indemnify us against any claims, damages and costs brought against us by third parties arising from your use of the Service in breach of this Agreement or applicable law, or from the Content you upload.

12. Suspension and Termination

We may suspend your account or terminate this Agreement if you breach this Agreement or the law, fail to meet your payment obligations, or jeopardise the security of the Service.

You may cancel your subscription at any time from your account; cancellation takes effect at the end of your current paid period. Upon termination, subject to statutory retention obligations, your access to your Content may end and your data may be deleted after a reasonable period.

13. Changes

We may update this Agreement from time to time. We will notify you of material changes by appropriate means. Your continued use of the Service after changes take effect constitutes acceptance of the updated terms.

14. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of Türkiye. The Courts and Enforcement Offices of İzmir, Türkiye shall have jurisdiction over disputes arising from this Agreement. For Users who qualify as consumers, the mandatory provisions of consumer law and the jurisdiction of the consumer courts/arbitration committees at the consumer’s place of residence are reserved.

15. Contact

For questions regarding this Agreement, you can reach us at [email protected].