Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Enjoy Every Moment Corp. ("Enjoy Every Moment Corp.," "we," "us," or "our") governing access to and use of the LiveMenu website, applications, and related services (collectively, the "Service") at https://livemenu.digital.

By creating an account, clicking to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a restaurant or company, you represent that you have authority to bind that organization.

If you do not agree, do not use the Service.

2. The Service

LiveMenu is a software-as-a-service platform that helps restaurants create and publish digital menus, QR codes, operational tools (such as stop lists and analytics), optional guest reviews, and related AI-assisted features.

LiveMenu is not a food delivery service, payment processor for guest orders, or point-of-sale system unless we expressly state otherwise in writing. Any cart or "show to waiter" features are tools for communication between guests and restaurant staff; they do not process payments or guarantee order fulfillment.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to create an account.

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding login credentials.

4. Accounts and team access

Account owners may invite team members on eligible plans. Owners are responsible for permissions granted to team members and for actions taken under the account.

We may suspend or terminate accounts that violate these Terms, pose security risks, or remain unpaid after notice where applicable.

5. Subscriptions, billing, and trials

Paid features require an active subscription at the plan level displayed at checkout. Prices, features, and plan limits are described on our website and in the dashboard and may change with notice as allowed by law.

Subscriptions are billed in advance through Stripe on a monthly or annual cycle you select. By subscribing, you authorize us and Stripe to charge your payment method on a recurring basis until you cancel.

If we offer a free trial, trial length and eligibility are shown at signup. When a trial ends, your subscription converts to a paid plan unless you cancel before the trial ends. We may modify or discontinue trials at any time.

Taxes may apply where required. You are responsible for applicable taxes not collected by us.

6. Cancellation, refunds, and plan changes

You may cancel renewal through account settings or by contacting support. Cancellation stops future charges but generally does not refund amounts already paid for the current billing period, except where required by law or expressly stated in a written offer.

Downgrades or upgrades may take effect immediately or at the next billing cycle as shown in the product. Feature access may change when your plan changes.

We may suspend paid features if payment fails after reasonable notice and retry attempts permitted by Stripe.

7. Acceptable use

You agree not to:

• Use the Service for unlawful, fraudulent, deceptive, or harmful purposes.
• Upload malware, attempt unauthorized access, probe or scan systems, or interfere with the Service.
• Infringe intellectual property, privacy, or other rights of any person.
• Publish false, misleading, or discriminatory menu information, or content that violates food labeling or consumer protection laws applicable to your business.
• Harass, threaten, or abuse guests, staff, or our personnel.
• Scrape, reverse engineer, or resell the Service except as expressly permitted.
• Use AI features to generate illegal content or to misrepresent allergens, ingredients, or pricing in ways that could harm consumers.

8. Your content and licenses

You retain ownership of menu text, images, logos, and other content you upload ("Customer Content"). You grant us a worldwide, non-exclusive license to host, store, reproduce, display, and process Customer Content solely to provide and improve the Service, including AI features you enable.

You represent that you have all rights necessary for Customer Content and that publishing it through the Service does not violate law or third-party rights.

We may remove content or suspend features if we reasonably believe content violates these Terms, applicable law, or creates risk to guests or the public.

9. Guest-facing menus and reviews

Restaurants control public menu URLs, published items, languages, branding, and whether reviews or AI guest features are enabled.

Guests may submit reviews or photos where enabled. Restaurants are responsible for moderating and responding to guest content according to their own policies and applicable law.

We do not guarantee the accuracy of guest reviews and are not a party to disputes between guests and restaurants.

10. Artificial intelligence features

AI import, translation, website summarization, and guest assistant features use third-party models and may produce incomplete or incorrect results. You must review AI output before publishing menus or relying on it for allergens, pricing, or legal disclosures.

You are solely responsible for menu accuracy and compliance with FDA, state, and local labeling rules, allergen disclosures, and alcohol or calorie requirements that apply to your business.

Do not submit sensitive personal information about guests in AI prompts unless necessary and permitted by law.

11. Third-party services

The Service integrates with third parties such as Stripe, Supabase, hosting providers, OpenAI, and optional Google APIs. Your use of those services may be subject to their terms and privacy policies.

We are not responsible for third-party outages, changes, or acts beyond our reasonable control.

12. Our intellectual property

We own the Service, software, trademarks, and branding for LiveMenu, except for Customer Content and third-party materials. These Terms do not grant you any right to use our trademarks without written permission.

Feedback you provide may be used by us without restriction or compensation.

13. Confidentiality

Non-public information about our product, pricing, and roadmaps is confidential. You agree not to disclose such information without our consent.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

16. Indemnification

You will defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from Customer Content, your use of the Service, your restaurant operations, violation of these Terms, or violation of law or third-party rights.

17. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access immediately for material breach, non-payment, security risk, or legal requirement, with or without notice where permitted.

Upon termination, your right to use the Service ends. Sections that by nature should survive (including payment obligations, disclaimers, limitations of liability, indemnity, and dispute terms) will survive.

18. Dispute resolution and arbitration

Before filing a claim, you agree to contact us at the email below and attempt to resolve the dispute informally for at least thirty (30) days.

Except for small claims court matters and injunctive relief for intellectual property or unauthorized use, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, unless you opt out within thirty (30) days of account creation by emailing us with subject line "Arbitration Opt-Out" and your account email.

YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

Either party may bring qualifying claims in small claims court in the county of your residence or our principal place of business.

19. Governing law and venue

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration.

If arbitration does not apply, exclusive jurisdiction for court proceedings will be in state or federal courts located in Florida, and you consent to personal jurisdiction there.

20. General provisions

These Terms, together with the Privacy Policy and plan-specific terms shown at checkout, are the entire agreement between you and us regarding the Service.

If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver.

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices to you may be sent to your account email or through the Service. Notices to us must be sent to the contact information below.

21. Contact

Enjoy Every Moment Corp.

Email: info@livemenu.digital

Website: https://livemenu.digital