Terms and Conditions

1. Who you are contracting with

These terms are between you and Mellow Menu Ltd, a company registered in Ireland, trading as mellow.menu. Where they say "we" or "us", that is who they mean.

2. Acceptance of these terms

By using mellow.menu you agree to these terms. If you do not agree with them, please do not use the service.

If you are agreeing on behalf of a business, you confirm that you may bind that business, and "you" means the business.

3. Changes to these terms

We may change these terms. The date at the top is the date of the current version. Where a change materially affects your rights, or affects a paid subscription, we will tell you in advance rather than relying on you noticing. Continuing to use the service after a change means you accept it.

4. What we provide

We provide software that a restaurant uses to publish its menu and, where it chooses, to take orders at the table. Depending on what the restaurant has switched on, that can include:

• Viewing a menu on your own phone, in your own language.
• Placing an order at your table and adding to it during your visit.
• Splitting a bill with the people you are dining with.
• Paying, where the restaurant has enabled payment.
• Asking for a receipt.

Which of these you see depends on the restaurant. We do not deliver food, we do not operate a kitchen, and we are not a marketplace: you are always ordering from one restaurant, in that restaurant.

5. Your responsibilities

When you use mellow.menu, you agree to:

• Give accurate information when you register an account or place an order.
• Use the service lawfully.
• Respect intellectual property rights, including copyright, trade marks and database rights.

You must not misuse the service, for example by introducing malicious code, attempting to gain unauthorised access, interfering with other people's use of it, or working around a rate limit or access control.

6. Accounts and security

Reading a menu and ordering at a table need no account. Running a restaurant does.

Keep your login details to yourself, and tell us promptly if you think somebody else has used them. You are responsible for what happens under your account until you tell us. We recommend turning on two-factor authentication, which the product supports.

7. Placing an order

When you place an order you agree to pay for it, including any taxes and service charges the restaurant applies. The price you see is the price the restaurant has published.

Where payment happens in the app, it is handled by a payment provider (Stripe, Square or Razorpay, depending on the restaurant). We do not see or store your card details.

Cancellations, refunds and anything that went wrong with the order itself are matters for the restaurant, and its policy is what applies. See the next section.

8. The restaurant is the seller

This section matters, so it is stated plainly rather than buried.

Your contract for food and drink is with the restaurant serving you. The restaurant is responsible for the food and its safety, for the accuracy of its menu including allergen information and prices, for preparing and serving your order, and for its own refund policy.

We are responsible for the software: that the menu you are shown is the menu the restaurant published, and that the order you placed reaches them. If something is wrong with your food, your bill or your service, raise it with the restaurant. If something is wrong with the app, raise it with us.

Nothing in this section affects rights you have under consumer law that cannot be excluded.

9. Restaurant subscriptions

This section applies to restaurants paying for the product. It does not apply to diners, who pay us nothing.

Plans and billing

You choose a plan when you sign up. Fees are stated when you subscribe and are charged in advance for each billing period through our payment provider. Unless your plan says otherwise, fees exclude VAT, which is added where it applies.

Trials

Where we offer a free trial, the terms of that trial are stated when you start it. We will tell you before a trial converts to a paid plan.

Renewal and price changes

Subscriptions renew automatically for successive periods until cancelled. We will give you at least thirty days' notice before a price change takes effect, and you may cancel before it does.

Cancellation

You may cancel at any time, with effect from the end of the period you have paid for. We do not refund the remainder of a period you have already paid for, unless the law requires it or we have failed to provide the service.

Non-payment

If a payment fails we will tell you and give you a reasonable opportunity to fix it before suspending the account.

Your data when you leave

Your menu content and your business data remain yours. You may export it while your account is active, and for thirty days after cancellation you may ask us for a copy. After that period we may delete it, subject to any records we must keep by law. Ask us before you cancel if you want an export and we will help.

10. Intellectual property

The software, its design, our name and our logo belong to us or to our licensors. You may not copy, distribute or reuse them without our written permission.

Your menu content remains yours. By publishing it through mellow.menu you give us the permission we need to host it, display it to your guests, translate it, and generate images and descriptions for it where you ask us to.

11. Automated extraction, redistribution and model training

Except with our prior written authorisation, you must not:

• Use any automated means — including crawlers, scrapers, headless browsers, or AI agents — to extract menu content or other data from the platform.
• Extract or re-utilise the whole or a substantial part of our menu database, or repeatedly extract insubstantial parts in a way that conflicts with our normal exploitation of it.
• Republish, redistribute, resell, or otherwise make available our menu content to third parties, whether or not for commercial gain.
• Use our content to train, fine-tune, evaluate, or ground any machine-learning or artificial-intelligence model.
• Circumvent, disable, or interfere with any rate limit, access control, or attribution marker applied to the platform.

Our menu database is protected by the sui generis database right, and we reserve our text-and-data-mining rights under Article 4(3) of Directive (EU) 2019/790. Those reservations, the machine-readable means by which they are declared, and the uses that remain unrestricted are set out in our Text and Data Mining Policy.

12. Availability

We work to keep the service available and quick, but we do not promise it will be uninterrupted. We may take it down for maintenance, and we will avoid service hours where we can.

A restaurant's menu remains readable to guests during most kinds of interruption, because that is the part a diner most needs.

13. Limitation of liability

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law. Nothing here affects a consumer's statutory rights.

Subject to that, we are not liable for indirect or consequential loss, for loss of profit, revenue or goodwill, or for loss of data where you could reasonably have kept your own copy.

Also subject to that, our total liability to you in any twelve-month period is limited to the amount you paid us in that period. If you are a diner, you pay us nothing, and your claim about the food, the bill or the service lies against the restaurant, as set out in section 8.

14. Privacy

How we handle personal data is set out in our Privacy Policy, which explains what we collect, why, who we share it with, and the rights you have. Where we handle diner data for a restaurant, we do so as that restaurant's processor under a separate agreement with them.

15. Suspension and termination

We may suspend or end access to the service if these terms are broken, if an account is used unlawfully, or if the service is being used in a way that endangers other users. Where it is reasonable to do so we will warn you first and give you a chance to put it right.

You may stop using the service at any time. For paid subscriptions, see section 9.

16. Governing law

These terms are governed by the law of Ireland, and the courts of Ireland have jurisdiction.

If you are a consumer resident elsewhere in the European Union, this does not deprive you of the protection of the mandatory rules of your own country, or of the right to bring proceedings there.

17. Contact us

Questions about these terms: info@mellow.menu.

Privacy questions: privacy@mellow.menu.

See also our Privacy Policy and our Text and Data Mining Policy.