Text and Data Mining Policy & Database Rights

Reservation of Text and Data Mining Rights

mellow.menu expressly reserves the right to carry out, and to authorise or prohibit, text and data mining of the content published on this platform. This reservation is made under Article 4(3) of Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market, and under the corresponding provisions of Irish law.

Accordingly, no content published on this platform may be used for text and data mining, including for the training, fine-tuning, evaluation, or grounding of machine-learning or artificial-intelligence models, without our prior written authorisation.

How This Reservation Is Expressed

In accordance with Article 4(3), which requires that a reservation be expressed "in an appropriate manner, such as machine-readable means", this reservation is declared both in human-readable form on this page and by machine-readable means following the W3C Text and Data Mining Reservation Protocol (TDMRep):

• An HTTP response header tdm-reservation: 1 on served pages.
• An HTML metadata element <meta name="tdm-reservation" content="1">.
• A domain-level declaration at /.well-known/tdmrep.json, which references this page as its tdm-policy.

Sui Generis Database Right

The menu database compiled and maintained by mellow.menu is protected by the sui generis database right under Directive 96/9/EC on the legal protection of databases, as transposed into Irish law by the European Communities (Legal Protection of Databases) Regulations 1997 (S.I. No. 27/1997).

That right arises from the substantial investment mellow.menu has made in obtaining, verifying, and presenting the contents of the database, including:

• Optical character recognition and structural normalisation of source menus.
• Translation and localisation into more than forty languages.
• Allergen and dietary classification of individual menu items.
• Generation of item imagery.
• Menu-engineering analysis, including margin and performance scoring.

The extraction and/or re-utilisation of the whole or of a substantial part of the contents of this database, whether evaluated qualitatively or quantitatively, is prohibited without our prior written authorisation. Repeated and systematic extraction of insubstantial parts is likewise prohibited where it conflicts with our normal exploitation of the database or unreasonably prejudices our legitimate interests.

What Is Not Restricted

These reservations are directed at bulk extraction and machine-learning use. They are not intended to interfere with ordinary use of the platform. In particular, nothing in this policy restricts:

• A diner reading, sharing, or ordering from a menu that has been made available to them, including by scanning a QR code or following a link.
• Indexing and retrieval by search engines for the purpose of directing people to participating restaurants, where those restaurants have opted into discoverability.
• Any use expressly permitted by a restaurant in respect of its own menu content, or any use we have authorised in writing.
• The exercise of any right that cannot lawfully be excluded.

Licensing and Authorisation

These rights are reserved, not withdrawn. We are open to licensing access to the database, including for research and for text and data mining. To request authorisation, contact us at info@mellow.menu setting out the intended use, scope, and duration.

Enforcement

Menu content published through this platform carries attribution markers enabling a copy to be traced to the extraction that produced it. We monitor for unauthorised extraction and republication, and we pursue infringement of our database and related rights, including by notice to hosting and platform providers and by proceedings before the courts of Ireland.

Related Terms

This policy supplements, and does not replace, our Terms and Conditions and our Privacy Policy. Use of this platform in breach of this policy is also a breach of those terms.