Terms of Service
Thank you for using Paperless Menu. These terms of service constitute a binding agreement and govern your use of Paperless Menu and access to Paperless Menu’s websites, including paperlessmenu.com.
If you are entering this agreement on behalf of a company or other legal entity, you are representing that you have the authority to bind that entity, its affiliates, any all users who access our services through your account. In that case, the terms “you” or “your” refer to the company or legal entity, and the users associated with them. If you don’t have the authority, don’t agree to these terms and conditions on behalf of a company or other legal entity.
If you don’t agree with these terms of service, don’t accept the terms, and don’t use the services.
We have the right to update and change the terms of service from time to time without prior notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account. While we prohibit certain conduct and content on the service, you understand and agree that we cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
To use the service, you must:
Be 13 years or older and be a human. Accounts registered by “bots” or other automated methods are not permitted. Provide a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password.
We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person – a single login shared by multiple people is not permitted. If you are part of a team or business account each user must have their own email account.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one account.
You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Payment, Refunds, Upgrading and Downgrading Terms
All plans must enter a valid credit card. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Downgrading your service may cause the loss of content, features, or capacity of your account. We are not liable for any such loss.
Cancellation and Termination
You are responsible for canceling your account. You can cancel your account at anytime in your admin. All information deleted at the time of cancelation.
Modifications to the Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Our prices, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Paperless Menu websites or the service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the service.
We do not pre-screen content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the service.
You agree to defend us against and hold us harmless from any claim, demand, suit or proceeding made or brought against us by a third party alleging that your content, or use of the service in violation of these terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any awarded damages and our reasonable attorney’s fees incurred in connection with any such claim, demand, suit or proceeding; provided, that we (a) promptly give you written notice of the claim, demand, suit or proceeding; (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (c) provide you reasonable assistance, at your expense.
Disclaimers and Limitation of Liability
The service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website. We makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.
Your use of the service is at your sole risk.
Technical support is provided on the basis of your account plan. You can find more details at paperlessmenu.com. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Our service availability is subject to the availability of these third party service providers.
You grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided relating to the operation our services.
You grant permission to us to use your logo, feedback, or comments on the CloudApp website, or any other marketing material when referring to you. You will retain all title and rights to such logos. If you have questions or concerns about this policy, please contact [email protected].
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without our express written permission.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Our failure to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).
Questions about the terms of service should be sent to [email protected].