TERMS OF SERVICE
Last Updated: March 1, 2026
CRITICAL SAFETY NOTICE
READ THIS CAREFULLY BEFORE USING MENUIQ
MenuIQ uses artificial intelligence to scan restaurant menus, detect potential allergens, and translate menu items. THIS APP IS NOT A MEDICAL DEVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR DIETARY ADVICE.
WARNING: The allergen detection feature may be inaccurate, incomplete, or wrong. MenuIQ cannot detect:
Cross-contamination in restaurant kitchens
Hidden or unlisted ingredients
Preparation methods that introduce allergens
Variations in how restaurants prepare dishes
IF YOU HAVE FOOD ALLERGIES, YOU MUST:
Always verify allergen information directly with restaurant staff
Never rely solely on this app for allergen safety decisions
Inform restaurant staff of your specific allergies
Use your own judgment and medical advice
By using MenuIQ, you acknowledge that you understand these limitations and assume all risks associated with food allergies and dietary restrictions.
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and MenuIQ ("MenuIQ," "we," "us," or "our") governing your access to and use of the MenuIQ mobile application and related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms in their entirety, you must not access or use the Service.
You represent and warrant that:
You have the legal capacity to enter into these Terms
You are at least 13 years of age (or the minimum age required in your jurisdiction)
You are not prohibited from using the Service under any applicable laws
You will use the Service in compliance with all applicable laws and regulations
All information you provide is accurate, current, and complete
If you are accessing the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
2. DESCRIPTION OF SERVICES
MenuIQ provides the following features:
2.1 Menu Scanning and Analysis
The Service allows you to photograph or upload images of restaurant menus. Our artificial intelligence analyzes these images to identify dishes, ingredients, and menu items.
2.2 Allergen Detection
The Service attempts to identify potential allergens in menu items based on dish names, descriptions, and ingredients visible in menu text. This feature is AI-assisted and subject to significant limitations described in Section 4.
2.3 Menu Translation
The Service provides AI-powered translation of menu items from their original language into your preferred language.
2.4 Platform for User-Generated Content
Users and restaurants may upload menu images, descriptions, and related content to the Service. MenuIQ acts as a platform for this third-party content.
IMPORTANT: MenuIQ is a technology platform that provides tools for analyzing publicly available menu information. We do not create, verify, control, or endorse the menu content, ingredient lists, or preparation methods used by restaurants.
3. PLATFORM NATURE AND THIRD-PARTY CONTENT
3.1 MenuIQ is a Platform, Not a Content Creator
MenuIQ operates as a technology platform that:
Enables users to upload and share restaurant menu images
Allows restaurants to upload their own menus
Provides AI-powered analysis tools for uploaded content
Facilitates information sharing between users
WE DO NOT:
Create, author, or verify restaurant menu content
Control what restaurants serve or how they prepare food
Verify the accuracy of menu descriptions or ingredient lists
Inspect restaurant kitchens or food preparation practices
Endorse any restaurant, dish, or food item
Have any relationship with restaurants unless explicitly stated
3.2 Third-Party Content Disclaimer
All menu content, including but not limited to dish descriptions, ingredient lists, prices, and images, is provided by third parties (restaurants, users, or other sources). This content may be:
Inaccurate, incomplete, or outdated
Changed by restaurants without notice to MenuIQ
Different from what restaurants actually serve
Subject to errors in transcription or interpretation
3.3 No Verification or Endorsement
MenuIQ does not and cannot verify:
Whether menu descriptions match actual dishes served
Whether ingredient lists are complete or accurate
Whether restaurants follow stated preparation methods
Whether allergen information is current or correct
Whether restaurants maintain proper food safety practices
3.4 Restaurant Independence
Restaurants are independent third parties. MenuIQ has no control over and assumes no responsibility for:
How restaurants prepare food
What ingredients restaurants use
Whether restaurants prevent cross-contamination
Restaurant food safety or hygiene practices
Restaurant business practices or policies
Any actions or omissions by restaurants
3.5 Platform Immunity
To the maximum extent permitted by law, MenuIQ is not liable for any content uploaded by third parties, including restaurants and users. MenuIQ qualifies for immunity under applicable laws protecting interactive computer services and platforms (including but not limited to 47 U.S.C. § 230 and similar laws in other jurisdictions).
4. ALLERGEN DETECTION DISCLAIMER AND ASSUMPTION OF RISK
READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY AND REQUIRES YOU TO ASSUME SIGNIFICANT RISKS.
4.1 Allergen Detection is AI-Assisted and Unreliable
MenuIQ's allergen detection feature uses artificial intelligence to analyze menu text and identify words or phrases that may indicate the presence of common allergens (such as peanuts, tree nuts, milk, eggs, fish, shellfish, soy, wheat, and others).
THIS TECHNOLOGY IS INHERENTLY LIMITED AND UNRELIABLE. The allergen detection feature:
May produce false negatives (fail to detect allergens that are actually present)
May produce false positives (incorrectly flag allergens that are not present)
Cannot detect hidden ingredients not listed on menus
Cannot detect cross-contamination from shared cooking equipment, preparation surfaces, or kitchen environments
Cannot account for preparation methods that introduce allergens (e.g., cooking in peanut oil, using butter, etc.)
Cannot detect ingredient variations when restaurants change suppliers or recipes
Cannot verify whether menu descriptions are accurate or complete
May misinterpret menu language, abbreviations, or foreign terms
May fail entirely due to poor image quality, handwriting, unusual fonts, or other technical limitations
Relies on incomplete data since restaurant menus often omit ingredients, cooking methods, and cross-contamination warnings
4.2 "Likely to Include" Means Uncertain
When MenuIQ indicates an allergen is "likely to include" or similar language, this means:
The AI detected words that MAY indicate the allergen's presence
This is a GUESS based on limited information
The allergen may or may not actually be present
You MUST verify with the restaurant
THIS IS NOT A DEFINITIVE DETERMINATION. It is an educated guess that may be wrong.
4.3 Absence of Warning Does Not Mean Safety
If MenuIQ does not flag an allergen for a dish, THIS DOES NOT MEAN THE DISH IS SAFE. The absence of an allergen warning may mean:
The allergen is not present (safe)
The allergen is present but not listed on the menu (dangerous)
The allergen is present but our AI failed to detect it (dangerous)
The menu description is incomplete (dangerous)
Cross-contamination may occur (dangerous)
NEVER assume a dish is safe because MenuIQ did not flag an allergen.
4.4 This is Not a Medical Device
MenuIQ is not:
A medical device
FDA-approved or regulated
Clinically tested or validated
Intended to diagnose, treat, prevent, or cure any disease or medical condition
A substitute for professional medical advice, diagnosis, or treatment
A substitute for reading ingredient labels or asking restaurant staff
Suitable as the sole basis for food safety decisions
4.5 You Must Verify All Information
If you have food allergies, dietary restrictions, or medical conditions affected by food:
YOU MUST:
Always inform restaurant staff of your specific allergies before ordering
Ask detailed questions about ingredients and preparation methods
Request to speak with kitchen staff or managers if necessary
Verify that the restaurant can safely prepare food for your allergies
Read all available ingredient information and food labels
Use your own judgment based on your medical needs
Follow your doctor's advice regarding food safety
Carry appropriate emergency medications (such as epinephrine)
YOU MUST NOT:
Rely solely on MenuIQ for allergen safety decisions
Assume MenuIQ has detected all allergens in a dish
Assume a dish is safe because MenuIQ did not flag allergens
Use MenuIQ as a replacement for communication with restaurant staff
Use MenuIQ in emergency situations
4.6 Assumption of Risk
BY USING THE ALLERGEN DETECTION FEATURE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
You understand the severe limitations of AI-powered allergen detection
You understand that MenuIQ may fail to detect allergens that could cause severe allergic reactions, anaphylaxis, or death
You understand that food allergies can be life-threatening
You will not rely solely on MenuIQ for food safety decisions
You will always verify allergen information with restaurant staff
You assume all risks associated with food allergies and dietary restrictions
You are solely responsible for your food choices and safety
YOU VOLUNTARILY ASSUME ALL RISKS OF ALLERGIC REACTIONS, ILLNESS, INJURY, OR DEATH that may result from using or relying on the allergen detection feature
4.7 Release of Liability for Allergic Reactions
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE MENUIQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM OR RELATED TO:
Allergic reactions of any kind
Anaphylaxis
Food poisoning or foodborne illness
Adverse health effects from food consumption
Injury or death resulting from food allergies
MenuIQ's failure to detect allergens
Inaccurate allergen information provided by MenuIQ
Your reliance on allergen information from MenuIQ
Cross-contamination or hidden ingredients not detected by MenuIQ
Any other health consequences related to food allergies or dietary restrictions
This release applies even if MenuIQ was negligent or the allergen detection feature malfunctioned, but does not apply to MenuIQ's gross negligence, willful misconduct, or intentional acts, to the extent such limitations are prohibited by applicable law.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
4.8 Indemnification for Allergen-Related Claims
You agree to indemnify, defend, and hold harmless MenuIQ from any claims, lawsuits, damages, or expenses (including attorneys' fees) brought by you or on your behalf related to allergic reactions, food allergies, or health consequences arising from your use of the Service.
4.9 Parental Responsibility
If you are using MenuIQ to help manage a child's food allergies, you acknowledge that:
You are solely responsible for your child's food safety
You will not rely on MenuIQ for your child's allergen safety
You will take all necessary precautions to protect your child
You assume all risks on behalf of your child
The releases and waivers in this Section apply to claims brought by or on behalf of your child
5. TRANSLATION SERVICES DISCLAIMER
5.1 AI Translation Limitations
MenuIQ provides AI-powered translation of menu items. TRANSLATIONS MAY BE INACCURATE, INCOMPLETE, OR MISLEADING.
Translation errors may include:
Incorrect word translations
Lost meaning or context
Mistranslation of food terms, ingredients, or cooking methods
Failure to translate idioms, slang, or regional expressions
Technical errors or missing text
5.2 Translation Not Suitable for Allergen Safety
DO NOT rely on translations alone to identify allergens or make food safety decisions. A translation error could cause you to:
Miss critical allergen information
Misunderstand ingredients or preparation methods
Order food that is unsafe for your dietary needs
If you have food allergies or dietary restrictions, you must verify all information with restaurant staff in addition to using translations.
5.3 Cultural and Regional Differences
Food names, ingredients, and dishes vary significantly across cultures and regions. The same dish name may refer to completely different foods in different locations. MenuIQ cannot account for these regional variations.
5.4 No Liability for Translation Errors
MenuIQ is not liable for any consequences arising from translation errors, including but not limited to allergic reactions, illness, ordering mistakes, or misunderstandings.
6. AI TECHNOLOGY LIMITATIONS AND DISCLAIMERS
6.1 AI is Not Perfect
MenuIQ uses artificial intelligence and machine learning technologies. These technologies:
Learn from patterns in data and may make mistakes
Cannot understand context the way humans do
May misinterpret images, text, or handwriting
Depend on the quality of input data (menu images)
Are subject to technical failures and errors
Are continuously improving but never perfect
6.2 Image Quality Dependencies
MenuIQ's ability to analyze menus depends on image quality. Results may be poor or unusable if:
Images are blurry, dark, or poorly lit
Text is too small or obscured
Menus are handwritten or use unusual fonts
Images are taken at angles or with distortion
Menus are damaged, stained, or partially visible
6.3 No Guarantee of Accuracy
MenuIQ does not guarantee that:
Menu items will be correctly identified
Ingredient lists will be complete or accurate
Allergens will be detected
Translations will be correct
The Service will function without errors
6.4 Continuous Changes
We continuously update and improve our AI models. This means:
Service capabilities may change without notice
Results for the same menu may vary over time
Previous analyses may become outdated
Features may be added, modified, or removed
7. USER ACCOUNTS AND RESPONSIBILITIES
7.1 Account Creation
To use certain features of the Service, you may be required to create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your password
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities under your account
7.2 Account Security
You are solely responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Any consequences of unauthorized access to your account
We are not liable for any loss or damage arising from your failure to maintain account security.
7.3 Age Requirements
You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.
7.4 Accurate Health Information
If you provide information about allergies, dietary restrictions, or health conditions:
You represent that this information is accurate and current
You are responsible for updating this information when it changes
You understand that MenuIQ relies on your input but cannot verify it
8. ACCEPTABLE USE AND PROHIBITED ACTIVITIES
8.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms.
8.2 Prohibited Activities
You agree NOT to:
Related to Content:
Upload false, misleading, or fraudulent menu information
Upload menus you do not have permission to share
Upload offensive, harmful, defamatory, or illegal content
Impersonate any person or entity
Upload content containing viruses, malware, or harmful code
Violate any intellectual property rights
Related to Platform Integrity:
Attempt to reverse engineer, decompile, or hack the Service
Interfere with or disrupt the Service or servers
Use automated tools (bots, scrapers) without permission
Attempt to gain unauthorized access to any part of the Service
Bypass any security measures or access controls
Overload or spam the Service
Related to Commercial Use:
Use the Service for unauthorized commercial purposes
Resell or redistribute the Service without permission
Use data from the Service to compete with MenuIQ
Extract or harvest data from the Service at scale
Related to Misuse:
Use the Service in any way that violates applicable laws or regulations
Use the Service to harm, harass, or defraud others
Make false reports or complaints
Submit false allergen information or fake reviews
8.3 Right to Investigate
We reserve the right to investigate violations of these Terms and cooperate with law enforcement authorities.
9. USER-GENERATED CONTENT
9.1 Content You Submit
You may upload or submit content to the Service, including menu images, photos, reviews, comments, or other materials ("User Content").
9.2 License Grant
By submitting User Content, you grant MenuIQ a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to:
Use, reproduce, modify, and display your User Content
Create derivative works from your User Content
Distribute your User Content through the Service
Sublicense these rights to third parties
Use your User Content for AI training and improvement
This license continues even after you delete your account or remove the content.
9.3 Your Representations
By submitting User Content, you represent and warrant that:
You own or have the necessary rights to submit the content
The content does not violate any third-party rights (intellectual property, privacy, publicity, etc.)
The content is accurate to the best of your knowledge
The content complies with these Terms and applicable laws
You have obtained all necessary permissions (e.g., to photograph restaurant menus)
9.4 No Obligation to Use Content
We have no obligation to:
Accept, display, or maintain any User Content
Review User Content before it appears on the Service
Compensate you for User Content
9.5 Content Moderation
We reserve the right (but have no obligation) to:
Review, monitor, or screen User Content
Remove or refuse to post any User Content
Edit or modify User Content for any reason
Suspend or terminate accounts that violate these Terms
9.6 No Endorsement
MenuIQ does not endorse any User Content and is not responsible for opinions, advice, or information posted by users.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 MenuIQ's Intellectual Property
The Service, including all software, algorithms, designs, text, graphics, logos, images, code, databases, and functionality, is owned by MenuIQ and protected by intellectual property laws worldwide.
This includes:
The MenuIQ name, logo, and branding
Our AI models and algorithms
The Service's design and user interface
All original content created by MenuIQ
Patents, copyrights, trademarks, and trade secrets
10.2 Limited License to Use Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.
10.3 Restrictions
You may NOT:
Copy, modify, or create derivative works of the Service
Reverse engineer, decompile, or disassemble the Service
Remove or alter any copyright, trademark, or proprietary notices
Use MenuIQ's intellectual property without permission
Frame or mirror any part of the Service
Use any robot, spider, or scraping tool to access the Service
10.4 Trademark Notice
MenuIQ and related logos are trademarks of MenuIQ. All other trademarks, service marks, and logos appearing on the Service are the property of their respective owners.
10.5 Copyright Infringement
If you believe any content on the Service infringes your copyright, please contact us at support@menuiq.ai with:
Description of the copyrighted work
Location of the infringing material on the Service
Your contact information
A statement that you have a good faith belief the use is unauthorized
A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature
We will investigate and remove infringing content as appropriate under applicable law (including the Digital Millennium Copyright Act).
11. SUBSCRIPTION AND PAYMENT TERMS
11.1 Subscription Plans
MenuIQ may offer subscription plans with different features and pricing. By subscribing, you agree to pay all fees associated with your selected plan.
11.2 Pricing
Subscription fees are stated in U.S. Dollars (or local currency)
Prices are subject to change with notice
Price changes apply to renewal periods, not current subscriptions
We will provide at least 30 days' notice of price increases
11.3 Payment Authorization
By providing payment information, you:
Authorize us to charge your payment method for all fees
Represent that you are authorized to use the payment method
Agree to promptly update payment information if it changes
Authorize us to use updated payment information provided by your payment processor
11.4 Billing Cycles
Subscriptions renew automatically at the end of each billing period
You will be charged at the beginning of each billing period
Billing periods may be monthly, annual, or as otherwise specified
No refunds or credits for partial billing periods
11.5 Free Trials
We may offer free trials. At the end of a trial:
Your subscription automatically converts to a paid subscription
You will be charged unless you cancel before the trial ends
We may require payment information at trial signup
11.6 Cancellation
You may cancel your subscription at any time:
Cancellation takes effect at the end of the current billing period
You will retain access until the end of the paid period
No refunds for the current billing period
To cancel, use the account settings in the Service or contact support
11.7 Refund Policy
ALL FEES ARE NON-REFUNDABLE except:
As required by law
If we terminate your account without cause
As otherwise stated in a written agreement
We do not provide refunds or credits for:
Partial billing periods
Unused subscription time
Features you didn't use
Dissatisfaction with the Service
11.8 Payment Failures
If payment fails:
We may suspend or downgrade your account
We may retry charging your payment method
You remain responsible for all unpaid fees
We may charge late fees or use collection services
11.9 Taxes
You are responsible for all taxes associated with your use of the Service, except taxes based on MenuIQ's income. We may collect applicable sales tax, VAT, or other taxes as required by law.
12. TERMINATION
12.1 Termination by You
You may stop using the Service and delete your account at any time. Canceling your subscription does not delete your account.
12.2 Termination by MenuIQ
We may suspend or terminate your access to the Service immediately, without notice or liability, for any reason, including:
Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees
At our sole discretion
12.3 Effect of Termination
Upon termination:
Your right to access and use the Service immediately ceases
We may delete your account and data without liability
You remain liable for all fees incurred before termination
You remain bound by sections of these Terms that survive termination
We are not liable for any consequences of termination
12.4 Survival
The following sections survive termination:
Sections 4 (Allergen Disclaimer), 5 (Translation Disclaimer), 9 (User Content), 10 (IP Rights), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and any other sections that by their nature should survive
13. DISCLAIMERS
READ THIS SECTION CAREFULLY. IT LIMITS THE WARRANTIES WE PROVIDE.
13.1 Service Provided "AS IS"
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, MENUIQ DISCLAIMS ALL WARRANTIES, INCLUDING:
Implied Warranties:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
QUIET ENJOYMENT
ACCURACY
QUALITY
13.2 Specific Disclaimers
MENUIQ MAKES NO WARRANTIES OR REPRESENTATIONS THAT:
About Accuracy:
The Service will accurately detect allergens
Allergen information will be complete or current
Translations will be accurate or complete
Menu information is correct or up-to-date
Any content on the Service is reliable or accurate
About Functionality:
The Service will function without errors, bugs, or interruptions
The Service will be available at all times
Defects will be corrected
The Service is free from viruses or harmful components
The Service will meet your requirements
About Safety:
Use of the Service will be safe
You will not have allergic reactions
Restaurant food is safe for your consumption
Menu information matches what restaurants serve
About Third Parties:
Restaurant content is accurate
Restaurants follow proper food safety practices
Third-party content is reliable
Restaurants will honor menu descriptions
13.3 No Medical Advice
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. MenuIQ is not a healthcare provider. Nothing in the Service should be construed as medical advice, diagnosis, or treatment. Always consult qualified healthcare professionals for medical advice.
13.4 Third-Party Content
WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY CONTENT, including menu information uploaded by restaurants or users. We do not verify, endorse, or take responsibility for any third-party content.
13.5 Internet and Technology Risks
We are not responsible for:
Internet service provider failures
Interruptions in internet or cellular service
Device compatibility issues
Software or hardware failures
Data loss or corruption
Security breaches beyond our reasonable control
13.6 Changes to Service
We may modify, suspend, or discontinue any part of the Service at any time without notice or liability.
13.7 External Links
The Service may contain links to third-party websites or services. We do not control and are not responsible for any third-party content, websites, or services.
13.8 Your Sole Risk
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICE.
14. LIMITATION OF LIABILITY
READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.
14.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MENUIQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
Indirect Damages:
INDIRECT DAMAGES
INCIDENTAL DAMAGES
CONSEQUENTIAL DAMAGES
SPECIAL DAMAGES
EXEMPLARY DAMAGES
PUNITIVE DAMAGES
Specific Losses:
LOSS OF PROFITS, REVENUE, OR BUSINESS
LOSS OF DATA OR INFORMATION
LOSS OF BUSINESS OPPORTUNITY
LOSS OF GOODWILL OR REPUTATION
COST OF SUBSTITUTE SERVICES
PERSONAL INJURY OR DEATH (to the extent permitted by law)
PROPERTY DAMAGE
ALLERGIC REACTIONS OR HEALTH CONSEQUENCES
This limitation applies regardless of:
The legal theory (contract, tort, negligence, strict liability, or otherwise)
Whether we were advised of the possibility of such damages
Whether such damages were foreseeable
14.2 Maximum Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:
$100 USD, OR
THE AMOUNT YOU PAID TO MENUIQ IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY
14.3 Liability for Allergen Detection
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, MENUIQ SHALL HAVE NO LIABILITY WHATSOEVER FOR:
Allergic reactions or anaphylaxis
Illness or injury from food consumption
MenuIQ's failure to detect allergens
Inaccurate allergen information
Your reliance on allergen detection features
Health consequences of any kind related to food allergies or dietary restrictions
14.4 Platform Liability
AS A PLATFORM, MENUIQ HAS NO LIABILITY FOR:
Content created by restaurants or users
Actions or omissions of restaurants
Food prepared or served by restaurants
Accuracy of menu information provided by third parties
Any disputes between you and restaurants
14.5 Essential Purpose
You acknowledge that:
MenuIQ has set its prices and entered these Terms in reliance on these limitations of liability
These limitations reflect a reasonable allocation of risk
These limitations are an essential basis of the bargain between you and MenuIQ
These limitations will apply even if any limited remedy fails of its essential purpose
14.6 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
15. INDEMNIFICATION
15.1 Your Obligation to Indemnify
You agree to indemnify, defend, and hold harmless MenuIQ, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "MenuIQ Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising from or relating to:
Your Use of Service:
Your access to or use of the Service
Your violation of these Terms
Your violation of any law or regulation
Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
Your Content:
Any User Content you submit
False or misleading information you provide
Your infringement of any intellectual property rights
Health and Safety:
Any allergic reactions you experience
Your reliance on allergen detection features
Your failure to verify allergen information with restaurants
Any illness or injury related to food consumption
Any disputes with restaurants
Third-Party Claims:
Claims by other users or third parties related to your use of the Service
Claims by restaurants related to your conduct
Any harm caused to third parties by your actions
15.2 Defense and Control
MenuIQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.
15.3 Notification
You agree to promptly notify MenuIQ of any claims subject to indemnification and cooperate with MenuIQ in defending such claims.
15.4 Survival
This indemnification obligation survives termination of these Terms and your use of the Service.
16. DISPUTE RESOLUTION
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
16.1 Informal Resolution
Before filing any formal dispute, you agree to first contact MenuIQ at support@menuiq.ai and attempt to resolve the dispute informally. Provide:
Your name and contact information
Description of the dispute
Relief you are seeking
We will attempt to resolve the dispute informally within 60 days. If we cannot resolve it informally, you may pursue formal dispute resolution as described below.
16.2 Binding Arbitration
AGREEMENT TO ARBITRATE: You and MenuIQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved by binding arbitration, rather than in court, except as provided below.
Arbitration Rules: Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all Disputes, including:
The interpretation, applicability, enforceability, or formation of these Terms
Whether a Dispute is subject to arbitration
The arbitrability of any claim
The arbitrator's decision shall be final and binding, except for limited review by courts as provided by the Federal Arbitration Act.
Location: Arbitration shall take place in New York, NY or another mutually agreed location. If the amount in controversy is $10,000 or less, the arbitration may be conducted remotely (by telephone, video conference, or written submissions) at your option.
Costs: Each party shall bear its own costs and attorneys' fees unless the arbitrator awards costs and fees to the prevailing party as permitted by law. If you cannot afford arbitration fees, we will pay them if required by AAA Rules or applicable law.
16.3 Exceptions to Arbitration
The following Disputes are NOT subject to arbitration and may be brought in court:
Small claims court actions (if the claim qualifies)
Claims for injunctive or equitable relief to protect intellectual property rights
Claims related to the enforceability of the class action waiver
16.4 Class Action Waiver
YOU AND MENUIQ AGREE THAT DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
There shall be no right or authority for any Dispute to be arbitrated on a class-action basis
There shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim
If this class action waiver is found to be illegal or unenforceable, the entire arbitration provision (Section 16.2) shall be void, and the Dispute shall be decided by a court.
16.5 Opt-Out Right
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to:
MenuIQ, LLC 367 St Marks Ave #1116 Brooklyn, NY 11238 Email: support@menuiq.ai
Your notice must include:
Your name
Email address associated with your account
Clear statement that you wish to opt out of the arbitration agreement
If you opt out, all other terms still apply, but you and MenuIQ will not be bound by Section 16.2 (Binding Arbitration) or 16.4 (Class Action Waiver).
16.6 Changes to Dispute Resolution
If MenuIQ makes material changes to this Dispute Resolution section, you may reject the changes by opting out within 30 days of the change taking effect by following the opt-out procedure in Section 16.5.
16.7 Severability
If any portion of this Dispute Resolution section is found to be illegal or unenforceable (except the class action waiver, which is addressed in Section 16.4), the remainder shall remain in effect.
17. GOVERNING LAW AND JURISDICTION
17.1 Governing Law
These Terms and any Disputes (subject to the arbitration provision above) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
17.2 Jurisdiction and Venue
For any Disputes not subject to arbitration (as specified in Section 16.3), you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, New York.
17.3 Waiver of Jury Trial
YOU AND MENUIQ WAIVE ANY RIGHT TO A JURY TRIAL for any Disputes not subject to arbitration.
17.4 International Use
The Service is controlled and operated from the United States and intended for users in the United States. We do not direct the Service to users outside the United States and make no representation that the Service complies with laws outside the United States. If you access the Service from outside the United States:
You do so at your own initiative and risk
You are responsible for compliance with local laws
These Terms are governed by US law regardless of your location
The dispute resolution provisions (including arbitration) apply to all users
To the extent local laws prohibit any provision of these Terms, such provision shall not apply to you, but all other provisions remain in effect
18. MODIFICATIONS TO TERMS
18.1 Right to Modify
We reserve the right to modify these Terms at any time for any reason, including:
To reflect changes to our Service
For legal, regulatory, or security reasons
To improve clarity or address new issues
18.2 Notice of Changes
When we make material changes to these Terms:
We will update the "Last Updated" date at the top
We may notify you by email (if you provided one)
We may notify you through the Service
We may require you to accept new Terms before continuing to use the Service
18.3 Your Acceptance
Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
18.4 Material Changes
For material changes that adversely affect your rights:
We will provide at least 30 days' notice before changes take effect
You may terminate your account and receive a pro-rata refund of any prepaid fees if you object to the changes
18.5 Review Obligation
You should review these Terms periodically. We are not liable if you fail to review updated Terms.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MenuIQ regarding the Service and supersede all prior agreements, understandings, and communications.
19.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable:
That provision shall be modified to the minimum extent necessary to make it enforceable
If it cannot be made enforceable, it shall be severed from these Terms
The remaining provisions shall remain in full force and effect
19.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by MenuIQ.
19.4 Assignment
You may NOT assign or transfer these Terms or your rights under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.
We may assign or transfer these Terms (in whole or in part) to:
Any affiliate or subsidiary
Any acquirer of our business or assets
Any successor in interest
19.5 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and MenuIQ.
19.6 Force Majeure
MenuIQ shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including:
Acts of God (earthquakes, floods, fires, etc.)
War, terrorism, or civil unrest
Government actions or regulations
Labor disputes or strikes
Internet or telecommunications failures
Pandemics or epidemics
Supplier or vendor failures
19.7 Electronic Communications
You consent to receive communications from us electronically, including:
Emails to the address you provided
Notices posted on the Service
In-app messages or notifications
You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
19.8 Export Control
You may not use or export the Service in violation of U.S. export laws and regulations. You represent that:
You are not located in a country subject to U.S. embargo
You are not on any U.S. government list of prohibited or restricted parties
19.9 Relationship of Parties
No agency, partnership, joint venture, or employment relationship is created between you and MenuIQ by these Terms or your use of the Service. You do not have any authority to bind MenuIQ.
19.10 Interpretation
These Terms shall be interpreted:
Without regard to any presumption against the drafting party
With headings for reference only (not affecting interpretation)
With "including" meaning "including without limitation"
With singular/plural and masculine/feminine terms interchangeable
19.11 Notices
All notices to MenuIQ must be sent to:
MenuIQ, LLC 367 St Marks Ave #1116 Brooklyn, NY 11238 Email: support@menuiq.ai
All notices to you may be sent to the email address associated with your account or posted on the Service.
19.12 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict between the English version and any translation, the English version shall prevail.
19.13 Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
20. PRIVACY AND DATA PROTECTION
20.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, available at https://menuiq.ai/privacy. By using the Service, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
20.2 Data We Collect
We collect:
Account information (name, email, password)
Allergen and dietary preference information you provide
Menu images you upload
Usage data and analytics
Device and technical information
20.3 Use of Your Data
We use your data to:
Provide and improve the Service
Train and improve our AI models
Communicate with you about the Service
Comply with legal obligations
20.4 AI Training
By submitting content to the Service, you acknowledge that we may use your content (including menu images and User Content) to train and improve our artificial intelligence and machine learning models.
20.5 Data Security
While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge the inherent security risks of transmitting information over the Internet.
20.6 Data Retention
We retain your data as long as necessary to provide the Service, comply with legal obligations, and resolve disputes. You may request deletion of your data subject to legal and operational limitations.
20.7 International Data Transfers
Your data may be transferred to and processed in countries other than your own. By using the Service, you consent to such transfers.
21. ALLERGEN SAFETY BEST PRACTICES
While MenuIQ disclaims liability for allergen detection (see Section 4), we want to help you stay safe. We recommend the following best practices:
Before Ordering:
Always inform restaurant staff of your specific allergies
Ask detailed questions about ingredients and preparation methods
Request to speak with kitchen managers or chefs for serious allergies
Avoid restaurants that cannot accommodate your allergies safely
Carry emergency medications (such as epinephrine auto-injectors)
Using MenuIQ:
Use MenuIQ as one tool among many, never as your only source
Verify all allergen information with restaurant staff
Don't assume dishes are safe just because MenuIQ didn't flag allergens
Report any allergen detection errors to help improve the Service
Update your allergen profile if your allergies change
Understanding Menu Language:
Menus may omit ingredients assumed to be obvious
Preparation methods may introduce hidden allergens
Generic terms like "sauce" or "seasoning" may contain allergens
Regional cuisine terms may be unfamiliar to AI
Cross-Contamination Awareness:
Shared cooking equipment can introduce allergens
Shared fryers, grills, and utensils are major risks
Even "allergen-free" dishes may be cross-contaminated
Ask restaurants about their cross-contamination prevention practices
When in Doubt:
Don't eat it
Choose simpler dishes with fewer ingredients
Select restaurants familiar with food allergies
Trust your instincts
MenuIQ cannot prevent allergic reactions. Only you can protect yourself through careful communication with restaurants and informed decision-making.
22. ACCESSIBILITY
22.1 Accessibility Commitment
MenuIQ strives to make the Service accessible to users with disabilities. However, we make no guarantees about accessibility and do not warrant compliance with any specific accessibility standards.
22.2 Feedback
If you encounter accessibility barriers, please contact us at support@menuiq.ai with details. We will consider your feedback but are not obligated to implement any specific accommodations.
22.3 Third-Party Content
We are not responsible for the accessibility of menu content uploaded by restaurants or other third parties.
23. RESTAURANT TERMS
23.1 For Restaurants Using MenuIQ
If you are a restaurant uploading menu content to MenuIQ, you additionally agree that:
You represent and warrant:
You have authority to upload your restaurant's menu content
Your menu content is accurate and current
You will update menu content when it changes
You have the right to grant MenuIQ the licenses described in Section 9
Your menu content does not violate any third-party rights
You acknowledge:
MenuIQ is a platform and does not control how users interpret menu information
MenuIQ's allergen detection is AI-powered and may be inaccurate
MenuIQ is not responsible for customers' allergen-related decisions
You remain solely responsible for food safety and allergen communication
You should not rely on MenuIQ for allergen communication with customers
You agree:
To maintain accurate allergen information on your physical menus and in direct customer communications
To respond to customer allergen inquiries independently of MenuIQ
Not to rely on MenuIQ as your allergen management system
To indemnify MenuIQ for any claims arising from your menu content or food service
23.2 No Restaurant Liability to MenuIQ
Restaurants have no liability to MenuIQ for:
The accuracy of their menu content
Changes to dishes or ingredients
Customers' allergic reactions
Food safety issues at their establishments
This is a platform service. MenuIQ has no control over and assumes no responsibility for restaurant operations.
24. APPLE APP STORE ADDITIONAL TERMS
If you download the Service from the Apple App Store, you acknowledge and agree:
24.1 App Store Terms
These Terms are between you and MenuIQ, not Apple
Apple is not responsible for the Service or its content
Apple has no obligation to provide maintenance or support
Apple is not responsible for product warranty claims
Apple is not responsible for addressing any claims (product liability, legal compliance, intellectual property infringement)
Apple is a third-party beneficiary of these Terms and may enforce them
24.2 License
The license granted in these Terms is limited to a non-transferable license to use the Service on Apple-branded devices you own or control, as permitted by Apple's App Store Terms of Service.
24.3 Contact
For questions, complaints, or claims, contact MenuIQ, not Apple:
MenuIQ Support Email: support@menuiq.ai
25. GOOGLE PLAY ADDITIONAL TERMS
If you download the Service from Google Play, you acknowledge and agree:
25.1 Google Play Terms
These Terms are between you and MenuIQ, not Google
Google is not responsible for the Service or its content
Your use of the Service is also subject to Google Play's Terms of Service
25.2 License
The license granted is subject to and limited by Google Play's Terms of Service.
26. BETA FEATURES AND EXPERIMENTAL SERVICES
26.1 Beta Features
From time to time, we may offer beta, experimental, or early-access features ("Beta Features"). Beta Features:
Are provided "AS IS" without any warranties
May not work correctly or may fail entirely
May be discontinued at any time without notice
May have limited or no support
May result in data loss
Should not be relied upon for critical use cases
26.2 Feedback on Beta Features
If you provide feedback, suggestions, or ideas about Beta Features or the Service ("Feedback"):
You grant MenuIQ a perpetual, worldwide, royalty-free license to use your Feedback
MenuIQ has no obligation to compensate you for Feedback
MenuIQ may use Feedback for any purpose, including developing competing products
26.3 Additional Risk
Use of Beta Features is at your increased risk. All disclaimers and limitations of liability in these Terms apply with even greater force to Beta Features.
27. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms or the Service:
Email: support@menuiq.ai
Legal Notices: support@menuiq.ai
Copyright Claims: support@menuiq.ai
Mailing Address:
MenuIQ, LLC 367 St Marks Ave #1116 Brooklyn, NY 11238
For customer support issues, please use support@menuiq.ai. For legal matters or Terms-related questions, use support@menuiq.ai.
28. ACKNOWLEDGMENT
BY USING MENUIQ, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
MenuIQ is a technology platform that provides AI-powered tools for analyzing restaurant menus
MenuIQ does not create, verify, or control restaurant menu content
Allergen detection is AI-assisted and inherently unreliable
You must always verify allergen information with restaurant staff
MenuIQ is not liable for allergic reactions, illness, or health consequences
You assume all risks associated with food allergies and dietary restrictions
You have read and understand the allergen disclaimers in Section 4
You agree to binding arbitration and waive your right to a jury trial
You waive your right to participate in class action lawsuits
MenuIQ's liability is severely limited as described in Sections 13-14
You may be required to indemnify MenuIQ for certain claims
These Terms may be updated from time to time
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
END OF TERMS OF SERVICE