Terms of Service

1. Acceptance of Terms

By accessing or using MagicMenu ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

2. Description of Service

MagicMenu provides a digital menu and ordering platform for restaurants. Restaurant owners ("Subscribers") can create digital menus accessible via QR codes. Customers can browse menus and place orders through the platform.

3. Subscription & Billing

MagicMenu is offered as a subscription service at $79 NZD per location per month with a 6-month minimum commitment. Subscriptions are billed monthly. You authorise us to charge your payment method on a recurring basis until cancelled.

Cancellations must be made before the next billing cycle. Refunds are not provided for partial months.

4. User Responsibilities

You agree to:

• Provide accurate and up-to-date menu and restaurant information
• Not use the Service for any unlawful purpose
• Maintain the security of your account credentials
• Comply with all applicable laws regarding food service and payments

5. Payments & Third-Party Payment Processing

Payment processing is facilitated through Stripe, a third-party payment processor. By accepting payments through MagicMenu, you agree to Stripe's Terms of Service.

MagicMenu is not a payment processor and has no control over Stripe's systems, uptime, or processing decisions. We are not liable for:

• Failed, delayed, or declined payment transactions
• Stripe connectivity issues, outages, or service interruptions
• Funds held, frozen, or withheld by Stripe under their policies
• Payment disputes or chargebacks initiated by customers
• Losses arising from misconfigured Stripe Connect accounts

It is your responsibility to maintain a valid and correctly configured Stripe account. MagicMenu accepts no liability for any financial losses resulting from payment processing failures, regardless of cause.

6. Intellectual Property

You retain ownership of your restaurant content (menus, images, descriptions). By uploading content, you grant MagicMenu a licence to display it within the platform.

7. Limitation of Liability

MagicMenu is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by applicable law:

• We do not warrant that the Service will be uninterrupted, error-free, or available at any particular time
• We are not liable for any direct, indirect, incidental, special, or consequential losses or damages arising from your use of, or inability to use, the Service
• We are not liable for loss of revenue, loss of profits, loss of business, loss of data, or any other financial or commercial losses — howsoever caused — including losses arising from Service downtime, technical failures, or maintenance periods
• We are not liable for any losses caused by third-party services integrated with MagicMenu, including but not limited to Stripe, email providers, or cloud infrastructure providers
• Our total aggregate liability to you for any claim arising out of or in connection with these Terms or the Service shall not exceed the total subscription fees paid by you in the three (3) months preceding the event giving rise to the claim

Nothing in these Terms excludes liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded by law.

7a. Service Availability

While we strive to maintain high availability, MagicMenu does not guarantee uninterrupted access to the Service. Scheduled maintenance, unexpected outages, or circumstances beyond our control (including infrastructure failures, cyber incidents, or force majeure events) may result in temporary unavailability.

We are not liable for any losses — including lost orders, lost revenue, or reputational damage — arising from Service downtime or degraded performance, regardless of duration or frequency.

7b. Indemnification

You agree to indemnify, defend, and hold harmless MagicMenu and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of another party.

8. Termination

We reserve the right to suspend or terminate accounts that violate these terms. You may cancel your subscription at any time through the dashboard.

9. Changes to Terms

We may update these terms from time to time. Continued use of the Service after changes constitutes acceptance of the new terms.

10. Contact

For questions about these terms, please contact us at hello@magicmenu.app.