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Terms of Service

Effective from 1 January 2026 · Last updated 7 October 2026

These Terms of Service (the “Terms”) govern the use of the Smart Menuservice (the “Service”) provided by the founder of Smart Menu acting as a private individual based in Tirana, Albania (Smart Menu is not yet a registered company) (“Smart Menu”, “we”, “us”). By creating an account or using the Service, the user (the “Customer”) agrees to these Terms.

1. The Service

Smart Menu is a software-as-a-service platform that lets restaurants create and manage digital menus accessible via QR code. Depending on the subscription plan, features include: multiple restaurants per account and team access with owner, manager and staff roles; multiple menus (shown as tabs or on a time schedule); menu design customisation (layouts, colours, fonts, logo, background); dish photo galleries and featured/signature dish promotion; importing an existing menu from photos or PDF files; automatic translation into 60+ languages; a virtual assistant for diners with dish recommendations and upselling suggestions; a shared table that lets diners at the same table see each other’s choices; Google/Tripadvisor review links; menu usage statistics; an AI-generated menu analysis; management through a Telegram assistant; and priority support via WhatsApp. Available features depend on the subscription plan and may evolve over time.

2. Account and eligibility

  • The Customer must be at least 18 years old and authorised to bind the business for which they use the Service.
  • The Customer is responsible for keeping credentials confidential and for all activity under their account, including the actions of team members they invite (whatever their role) and changes made through a connected Telegram account.
  • The Customer is responsible for choosing appropriate roles for team members and for removing access for people who should no longer have it.
  • Information provided at registration must be accurate and kept up to date.

3. Subscriptions, pricing and payment

3.1 Scope of the payment terms. The provisions on pricing, payment, free trial, renewal, cancellation and refunds in this section 3 and in section 4 apply only to subscriptions purchased through the online checkout operated by our payment provider Stripe, when that option is offered on the Service.

Plans that we activate manually at the Customer’s request (for example via WhatsApp), without the online checkout, are provided free of charge for the period we indicate, which we may extend, shorten or end at our discretion. For such plans:

  • no fee is requested, invoiced or collected, and no payment details are requested or stored;
  • the plan does not renew or convert into a paid subscription automatically;
  • any prices shown on the Service are indicative only and do not constitute an offer to sell;
  • the Service is provided “as is” and may change, be suspended or be discontinued, as set out in sections 10 to 14.

A manually activated plan becomes paid only if the Customer, after being informed of the price and conditions, expressly subscribes through the online checkout.

  • The Service is offered by subscription billed monthly or annually, depending on the chosen plan. Prices are shown on the website and are exclusive of applicable taxes, which are added where due.
  • Payment is handled by the third-party provider Stripe. By subscribing, the Customer authorises recurring charges to the payment method provided.
  • Free trial: new subscriptions include a 30-day free trial, on both plans. A valid payment method is required to start the trial, but it is not charged during those 30 days. Unless cancelled before the trial ends, the subscription activates automatically and the first charge is taken at the regular price of the selected plan. The Customer may cancel at any time during the trial from the dashboard, free of charge. Each restaurant is entitled to one free trial; a restaurant with an existing or previous paid subscription is not guaranteed a further trial period.
  • The subscription renews automatically at the end of each period (including at the end of the free trial) unless cancelled before renewal.
  • Changing plan or billing period: upgrades take effect immediately and are charged pro rata; changes to a lower plan or a different billing period are handled by Stripe with proration.
  • Price changes: we may change prices on at least 30 days’ notice. New pricing applies from the next renewal; if the Customer does not accept it, they may cancel before renewal.
  • Non-payment may lead to suspension or termination of the Service.

4. Cancellation and refunds

  • The Customer may cancel at any time from the dashboard or the billing portal. Cancellation takes effect at the end of the period already paid for, during which the Service remains available.
  • Except where required by mandatory law, fees already paid are non-refundable and no partial refunds are given for unused periods.
  • As the Service is intended for businesses (a contract between traders), the right of withdrawal available to consumers does not apply.

5. Acceptable use

The Customer agrees not to:

  • use the Service for unlawful, deceptive, defamatory content or activity, or content that infringes third-party rights;
  • upload content that infringes intellectual property rights or food safety and labelling regulations;
  • attempt to gain unauthorised access to the systems, circumvent technical or plan limits, carry out bulk scraping, overload the infrastructure or introduce malicious code;
  • resell, sublicense or make the Service available to third parties without our written consent;
  • upload photos, logos or other images they do not have the right to use.

6. Customer content and responsibility for menu data

The Customer is solely responsible for the accuracy, completeness and currency of the content they enter (dishes, prices, descriptions, ingredients, allergens, tags, images).

Allergen and ingredient information. Smart Menu only displays the information entered by the restaurant. We do not verify that information and do not warrant its accuracy. The restaurant is responsible for keeping it correct and up to date in line with applicable law and for advising diners to speak to staff about allergies or intolerances. The virtual assistant provides purely informational guidance and does not replace confirmation with the restaurant’s staff.

7. Artificial intelligence features

Automatic translations, virtual-assistant responses, dish suggestions, the menu analysis, menus read from imported photos or PDFs, and the Telegram assistant’s interpretation of requests are generated by third-party models and may contain errors, omissions or inaccuracies. They are provided “as is”, as an aid, and do not constitute professional advice. In particular, the Customer must:

  • review translated text before relying on it;
  • check an imported menu - especially prices, ingredients and allergens - before confirming the import;
  • check the outcome of changes requested through the Telegram assistant. Changes that delete data or affect many dishes are only applied after the Customer confirms them.

8. Third-party services

The Service integrates with third-party providers (Stripe for payments, Google for sign-in and AI features, Telegram for the assistant, WhatsApp for priority support, and hosting providers). Use of those services is subject to their respective terms and policies. We are not responsible for outages, changes or discontinuation of third-party services.

9. Intellectual property

  • The Smart Menu platform, software, brand and related content are owned by us or our licensors.
  • Content uploaded by the Customer remains the Customer’s property. The Customer grants us a non-exclusive licence, limited to the term of the contract, to host, process, translate and display it for the purpose of providing the Service.

10. Availability and maintenance

We aim to keep the Service reasonably available, but do not guarantee uninterrupted or error-free operation. We may carry out maintenance, updates or changes to features, giving notice where reasonably possible.

11. Disclaimer of warranties

To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of fitness for a particular purpose or of being error-free.

12. Limitation of liability

To the extent permitted by law, we will not be liable for indirect, incidental, punitive or consequential damages, nor for loss of profits, goodwill, data or business opportunities. Our total liability to the Customer, on any basis, will not exceed the fees paid by the Customer in the 12 months preceding the event giving rise to the liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

13. Indemnity

The Customer agrees to indemnify us against third-party claims arising from breach of these Terms, unlawful use of the Service or the content they have uploaded, including any claims relating to allergen and ingredient information.

14. Suspension and termination

We may suspend or terminate access to the Service in the event of a breach of the Terms, non-payment, a security risk or legal obligations. On termination, the right to use the Service ends; data will be handled as described in the Privacy Policy.

15. Changes to the Terms

We may amend these Terms. Material changes will be communicated with reasonable notice through the Service or by email. Continued use of the Service after the changes take effect constitutes acceptance.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Albania. Any dispute will be subject to the exclusive jurisdiction of the competent courts of Tirana, Albania, without prejudice to mandatory rules protecting the contracting party.

17. Final provisions

If any clause is found invalid, the remaining clauses remain in force. Failure to exercise a right does not constitute a waiver. These Terms, together with the documents referred to in them, constitute the entire agreement between the parties in relation to the Service.

18. Contact

Smart Menu - Tirana, Albania
Contact: WhatsApp