Terms and conditions

1. Identification and purpose#

These Terms and conditions (the "Terms") govern the purchase and use of Oh My Menu (the "Service"), provided by Ramon Llompart Pol, Spanish tax ID (NIF) 41520843R, with registered address at C/ Miquel Verdera, 19, 07420 Sa Pobla (Illes Balears), España ("Oh My Menu"). Contact: hello@ohmymenu.com · +34 621 385 695. More information in the Legal notice (in Spanish).

Oh My Menu is an online platform that allows hospitality businesses to create, edit and publish digital menus, which their customers access via QR code, NFC tag or web link.

The Service is intended for professionals and businesses. By subscribing, the Customer declares that it is acting within the scope of its business or professional activity; consumer protection legislation, including the right of withdrawal, therefore does not apply.

This is a translation of the Spanish version of the Terms. In case of any discrepancy, the Spanish version prevails.

2. Definitions#

• Customer: the individual or legal entity that registers for and subscribes to the Service.
• Account: the access to the admin panel (admin.ohmymenu.com) linked to the Customer.
• Venue: each premises or business that the Customer adds to its Account.
• Menu: the content the Customer publishes for a Venue (products, prices, descriptions, images, allergens and any other information).
• End user: the person who views a Menu, usually the diner.
• Plan: each subscription option, with the features and limits published on ohmymenu.com.

3. Sign-up and Account#

• The Customer must provide truthful, complete and up-to-date information and keep it up to date.
• Each Account belongs to a single holder and has a single login (username and password). An Account may not be shared between different holders.
• An Account may include several Venues, within the limits of its Plan, provided they belong to the holder or are managed by the holder for its own business.
• The Customer is responsible for keeping its credentials safe and for all activity carried out from its Account. If it suspects unauthorised access, it must notify us as soon as possible at hello@ohmymenu.com.

4. Permitted use#

Subscriptions are for the Account holder's own use, in its own Venues.

Unless previously agreed in writing with Oh My Menu, it is forbidden to:

• resell or sublicense the Service;
• offer it as a white-label product or under another brand;
• use it to provide services to third parties, for example as an agency, partner, consultant or integrator managing other businesses' menus.

It is also forbidden to use the Service for unlawful purposes, to publish content that infringes third-party rights, or to attempt to access the platform without authorisation, interfere with its operation or overload it.

Oh My Menu may suspend or terminate Accounts that breach this clause. As a general rule we will give notice first and allow time to remedy the situation; in the event of serious or repeated breaches we may act without prior notice.

5. Plans, free trial and payment#

• Free trial: new Accounts get a one-month free trial, with no card required. Only one trial is allowed per holder. When it ends, if the Customer has not subscribed to a Plan, the Account only gives access to the subscription page and the Menus are no longer shown to End users until payment is made.
• Monthly or annual subscription: Plans are billed monthly or yearly and payment is processed through Stripe. The annual subscription costs the same as 10 monthly payments. The subscription renews automatically at the end of each period, whether a month or a year, until the Customer cancels it. There is no one-off payment option.
• Prices: the prices published on ohmymenu.com and in the admin panel include the applicable VAT and are the final amount the Customer pays.
• Failed payments: if a charge cannot be completed, the Account enters the same state as at the end of the trial (access to the subscription page only, Menus hidden) until payment is settled.
• Price changes: we will notify any price change by email at least 30 days in advance. The new price will apply from the next renewal; if the Customer does not agree, it may cancel before that date.
• Cancellation: the Customer may cancel at any time from the admin panel. The Service remains active until the end of the period already paid for (on the annual subscription, until the end of the year paid for), and no further charges are made. Switching from the annual to the monthly subscription takes effect at the next renewal.
• Refunds: periods that have already started are not refunded, including the unused part of the year on the annual subscription, unless required by law. When switching from the monthly to the annual subscription, the unused part of the current month is deducted from the first annual charge.

6. URLs and links#

Each Venue has its own web address (slug). That address remains stable while the Account is active, so that QR codes and NFC tags already printed keep working.

Parameters added to the URL (for example, a table number) are not part of the Service's guaranteed features and may stop having any effect without this being a breach.

7. Features#

Oh My Menu is a digital menu service. The features included in each Plan are those described on the pricing page at the time of subscription.

We may improve or change the Service's features. If we remove an essential feature from a subscribed Plan, we will give reasonable notice and the Customer may cancel its subscription.

8. Customer content#

• The Customer is solely responsible for the content of its Menus: prices, descriptions, images, texts and translations, including automatic translations, which it must review.
• In particular, the Customer is responsible for allergen information and any other mandatory food information, in accordance with Regulation (EU) No 1169/2011 and the Spanish legislation implementing it. Oh My Menu provides tools to display it, but does not verify its accuracy.
• The Customer warrants that it holds the rights to the content it uploads (for example, photographs and logos) and grants Oh My Menu a free, non-exclusive licence, limited to the duration of the Service, to host, reproduce, technically adapt and display that content for the sole purpose of providing the Service.
• Menus are not indexed by search engines unless the Customer enables that option on the Plans that include it.
• We may remove content that is manifestly unlawful or that is reported to us as such.

9. Intellectual property#

The platform, its software, design, trademarks, logos and documentation belong to Oh My Menu or its licensors. The subscription grants the Customer a limited, non-exclusive and non-transferable right of use for as long as it lasts, without transferring any ownership rights.

Copying, decompiling, reverse engineering or creating derivative works of the platform is not permitted, except as allowed by law.

10. Availability and support#

The Service is provided "as is". We make reasonable efforts to keep it continuously available, but we do not offer a service level agreement (SLA). Interruptions may occur due to maintenance, updates or causes beyond our control; we will try to give advance notice of scheduled ones.

Support is provided by email and WhatsApp in Spanish, Catalan, English and Italian.

11. Limitation of liability#

Oh My Menu is not liable for:

• indirect damages, loss of profits or loss of business;
• data loss caused by the Customer;
• the content of the Menus;
• failures of third-party services (connectivity, payment providers or external platforms).

Oh My Menu's total liability to the Customer, for any cause related to the Service, is limited to the amount paid by the Customer in the 12 months preceding the event giving rise to it. These limitations do not apply in cases of wilful misconduct or gross negligence, or where the law does not allow them to be limited.

12. Data protection#

Oh My Menu processes the Customer's personal data (Account, contact and billing data) as data controller, in accordance with its Privacy policy.

13. Termination, suspension and data retention#

• Subscription cancellation: at the end of the paid period, the Account becomes inactive: it only gives access to the subscription page and the Menus are no longer shown. We keep the data and Menus for 1 year so the Customer can reactivate its Account exactly as it left it; during that time its slug remains reserved. After that year, we delete the Account and its content, and the slug may be released.
• Deletion from the admin panel: if the Customer deletes its user from the admin panel, we delete the Account, Venues and Menus immediately. This action cannot be undone.
• In both cases we keep, duly blocked, billing data and any data we are legally required to retain (for tax or commercial purposes) for the periods established by law.
• Suspension: we may suspend the Account for non-payment (clause 5) or for breach of these Terms (clause 4). While suspended, the Menus are not shown.

14. Changes to these Terms#

We may update these Terms due to legal, technical or Service changes. We will notify active Customers by email at least 30 days in advance and update the "Last updated" date.

If the Customer does not agree with the changes, it may cancel its subscription before they take effect. Continued use of the Service afterwards will be deemed acceptance of the new version.

15. Governing law and jurisdiction#

These Terms are governed by Spanish law. For any dispute, the parties submit to the Courts of Palma (Balearic Islands, Spain), unless the law establishes another mandatory jurisdiction.