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:

  1. MenuIQ is a technology platform that provides AI-powered tools for analyzing restaurant menus

  2. MenuIQ does not create, verify, or control restaurant menu content

  3. Allergen detection is AI-assisted and inherently unreliable

  4. You must always verify allergen information with restaurant staff

  5. MenuIQ is not liable for allergic reactions, illness, or health consequences

  6. You assume all risks associated with food allergies and dietary restrictions

  7. You have read and understand the allergen disclaimers in Section 4

  8. You agree to binding arbitration and waive your right to a jury trial

  9. You waive your right to participate in class action lawsuits

  10. MenuIQ's liability is severely limited as described in Sections 13-14

  11. You may be required to indemnify MenuIQ for certain claims

  12. 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