Terms of Use & SaaS Service Agreement

1. Scope and service

Rhinomenu provides a cloud-based SaaS platform that may include restaurant profiles, menu building, online ordering, role management, contacts, customer-club functionality, and associated support. Features may vary by plan, configuration, or region. The Service is provided for business use, not consumer use.

These Terms, the applicable order/plan details, and the Data Processing Agreement (“DPA”) together govern the Customer’s subscription. In case of conflict on personal-data processing, the DPA controls; plan-specific commercial terms control over general descriptions in these Terms.

2. Subscription, trial, fees, and payment

• Plans and fees. The Customer selects a subscription plan and any paid add-ons at the then-current prices presented at purchase or in an order confirmation. Fees may depend on selected features, billing period, usage, taxes, and currency.
• 14-day free trial. Where offered, a trial lasts 14 days from activation. Unless the Customer cancels before the trial ends, the subscription may convert automatically to the paid plan selected during signup and the applicable charge may be collected. Trial availability and limitations may be displayed at signup.
• Paddle. Paddle acts as Rhinomenu’s merchant of record / payment gateway and billing partner. Payment, invoicing, tax, refunds, and payment-provider terms may be handled by Paddle under the terms presented in its checkout. The Customer authorizes recurring charges through its chosen payment method for the subscription and applicable taxes.
• Automatic renewal. Subscriptions renew for successive periods matching the selected billing period unless cancelled before the renewal date. Renewal charges are collected in advance, subject to any checkout disclosures and applicable mandatory law.
• Cancellation. The Customer may cancel using account billing controls or the channel indicated in the Paddle checkout/account. Cancellation prevents subsequent renewal; access generally continues until the end of the current paid term, and fees already paid are non-refundable except where required by law or expressly stated in an applicable offer.
• Price changes and taxes. We will give notice of material subscription price changes before they take effect where required. The Customer is responsible for applicable taxes, excluding taxes on Rhinomenu’s income.

3. Account and Customer responsibilities

• Provide accurate business, contact, billing, and account information and keep it current.
• Keep login credentials confidential, use reasonable security measures, and promptly report suspected unauthorized access. The Customer is responsible for activity under its accounts and for assigning appropriate employee permissions.
• Ensure that it has authority and a valid lawful basis to submit data and content to the Service, and provide all notices and obtain all consents required for its processing, including for diners, employees, contacts, location data, birthdays, ordering, and marketing.
• Use the Service in compliance with applicable laws, including privacy, consumer, electronic communications, marketing, food, accessibility, and intellectual-property laws.
• Maintain appropriate copies of its own content and export relevant records before account termination. The Service is not a substitute for the Customer’s independent backup or recordkeeping obligations.

4. Acceptable use and anti-spam

The Customer must not, and must not permit others to:

• Use the Service unlawfully, deceptively, or to infringe another person’s rights; submit malicious code; probe, disrupt, overload, or compromise systems; or bypass security or access controls.
• Use the Service to distribute unsolicited or unlawful bulk email, SMS, or other marketing; harvest addresses; send messages without legally required consent or authorization; or ignore opt-outs, suppression lists, or unsubscribe requests.
• Upload data the Customer is not authorized to use, or use diner/employee/contact data for purposes inconsistent with its notice, lawful basis, or the DPA.
• Resell, sublicense, reverse engineer, copy, or create derivative works from the Service except to the extent a restriction is prohibited by law.

The Customer is responsible for its campaigns and recipients. Rhinomenu may throttle, suspend, or remove content or access reasonably necessary to protect the Service, prevent abuse, comply with law, or address a credible complaint. We may require the Customer to demonstrate consent or other lawful permission for marketing lists.

5. Intellectual property and content

Rhinomenu and its licensors retain all rights, title, and interest in the Service, software, platform design, documentation, and related technology, including all intellectual-property rights. Except for the limited subscription right below, no rights are transferred to the Customer.

Subject to these Terms and timely payment, Rhinomenu grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for its internal business operations.

The Customer retains its rights in its trademarks, logos, restaurant branding, menus, photos, and other materials (“Customer Content”). The Customer grants Rhinomenu a limited license to host, reproduce, transmit, display, and otherwise process Customer Content only as necessary to provide, secure, maintain, and support the Service and as instructed under the DPA. The Customer represents that it has the necessary rights and permissions for such use.

Feedback may be used by Rhinomenu to improve its services without restriction, provided it does not disclose the Customer’s confidential information.

6. Personal data; DPA incorporated

For data about the Customer’s diners, employees, contacts, and other individuals that the Customer submits to or collects through the Service, the Customer is the controller and Rhinomenu is the processor. The Customer determines the purposes and lawful basis, provides required privacy notices, handles data-subject requests, and ensures its instructions are lawful. Rhinomenu processes that data only on documented instructions to provide the Service, subject to the DPA.

The DPA is incorporated into these Terms and applies to processing of personal data on the Customer’s behalf. It addresses processing instructions, confidentiality, security, subprocessors, assistance with rights and incidents, international transfers, and return/deletion of data. If a DPA has not been separately signed, the applicable DPA published or provided by Rhinomenu applies to the extent accepted with the Service.

Rhinomenu may act as an independent controller for its own account registration, website, billing, and service communications as described in its Privacy Policy. Identified providers include Hetzner (hosting/infrastructure, EU data centers; map identifies EU/UAE locations), Paddle (merchant of record/payment gateway), and Mailchimp (email marketing/automated campaigns).

7. Availability, support, and changes

Rhinomenu targets 99.9% monthly availability for the production Service, excluding scheduled maintenance, emergency maintenance, force majeure, third-party outages beyond reasonable control, Customer systems/connectivity, beta or preview features, and events caused by Customer actions. This is a service-level target, not a guarantee or service-credit commitment unless a separate written SLA expressly provides otherwise.

We will use commercially reasonable efforts to maintain and support the Service. Support channels, response times, and included support may depend on the plan. We may modify or update the Service; we will not materially reduce core functionality during a paid term without reasonable notice, except where necessary for security, legal compliance, or circumstances beyond our control.

8. Confidentiality

Each party may receive non-public business, technical, or commercial information from the other. The recipient will use it only to perform or receive the Service, protect it using reasonable care, and disclose it only to personnel and service providers who need to know and are bound by confidentiality obligations. These restrictions do not apply to information that is public without breach, independently developed, lawfully received without restriction, or required to be disclosed by law (with notice where legally permitted).

9. Warranties and disclaimers

Each party represents that it has authority to enter into these Terms. Rhinomenu will provide the Service with reasonable skill and care. Except for express commitments in these Terms, the Service is provided “as available” and to the maximum extent permitted by law, Rhinomenu disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet every business requirement. The Customer remains responsible for decisions made using the Service and for the legality and accuracy of Customer Content.

10. Limitation of liability

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or any mandatory statutory rights.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or loss of profits, revenue, goodwill, or data, even if advised of the possibility. This exclusion does not limit a party’s express data-protection or confidentiality obligations to the extent such limitation is prohibited by law.

To the maximum extent permitted by law, each party’s aggregate liability arising out of or related to the Service during any 12-month period will not exceed the subscription fees paid or payable by the Customer to Rhinomenu for the Service in the 12 months preceding the event giving rise to liability. Any different mandatory legal rule prevails. The parties may agree separate limits in a signed order or DPA where legally permitted.

11. Suspension and termination

These Terms begin when the Customer accepts them and continue while a subscription or account remains active. Either party may terminate for material breach if the breach is not cured within 30 days after written notice. Rhinomenu may suspend access immediately where reasonably necessary to address a security threat, unlawful use, non-payment, material risk to the Service or others, or legal obligation; where practicable, we will provide notice and an opportunity to remedy.

The Customer may terminate by cancelling its subscription as described above. Rhinomenu may discontinue the Service or a material feature with reasonable advance notice, subject to applicable law and any paid-term commitments.

On termination, the Customer’s license ends and access may be disabled. Consistent with the DPA, the Customer may export its data during the applicable access period; Rhinomenu will then return or delete Customer personal data in accordance with the DPA, except for legally required retention and routine, access-restricted backup copies until overwritten. The Customer should export its data before termination. Sections that by their nature should survive will survive, including accrued payment obligations, intellectual property, confidentiality, liability, and governing law.

12. Governing law and disputes

These Terms and any non-contractual obligations arising from them are governed by the laws of the Republic of Estonia, excluding conflict-of-law rules, subject to mandatory consumer or other applicable protections. The courts located in Tallinn, Estonia shall have jurisdiction over disputes, unless mandatory law requires otherwise.

13. General

The Customer may not assign these Terms without Rhinomenu’s prior written consent, except as part of a merger or sale of substantially all relevant assets where the successor agrees to be bound. Rhinomenu may assign these Terms to an affiliate or successor in connection with a reorganization or business transfer.

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. These Terms and incorporated documents form the entire agreement concerning the Service and supersede prior discussions on that subject. Amendments will be communicated through the Service, email, or other reasonable means; material changes will take effect as stated in the notice or at renewal where required.

Notices to Rhinomenu: support@rhinomenu.com. Privacy matters: privacy@rhinomenu.com. Company: Rhinomenu Productions OÜ, Registry code 17303064, Tallinn, Harju County, Republic of Estonia.