Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MenuPulse website and platform (the "Service") provided by MenuPulse ("we", "us"). By creating an account or using the Service, you ("Customer", "you") agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorised to bind that business.

1. The Service

MenuPulse is a software-as-a-service platform that lets restaurants take orders, manage customer relationships, run marketing and loyalty, and view analytics — with WhatsApp as a primary customer channel. We may update, improve, or modify features over time. We do not charge commission on your orders; you pay the subscription and usage fees described at checkout and on our pricing page.

2. Accounts and eligibility

You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account and for your team members' compliance with these Terms. You must be capable of forming a binding contract and use the Service only for lawful business purposes.

3. Subscriptions, billing, and trials

• Paid plans are billed in advance on a monthly or annual basis, exclusive of applicable taxes (such as GST).
• Free trials, where offered, convert to a paid plan unless cancelled before the trial ends.
• Upgrades take effect immediately with prorated charges; downgrades apply at the next billing cycle.
• Except where required by law, fees already paid are non-refundable. You may cancel at any time; access continues until the end of the paid period.
• WhatsApp conversation charges levied by Meta beyond your plan allowance are passed through and billed as usage.

4. WhatsApp and third-party services

The Service integrates with the Meta WhatsApp Business (Cloud API), payment gateways, and other third-party services. Your use of WhatsApp messaging is additionally subject to Meta's WhatsApp Business Messaging Policy and applicable Meta terms. You agree to:

• Send messages only to recipients who have opted in, and honour opt-outs promptly;
• Use approved message templates for outbound marketing and respect the 24-hour customer-service window;
• Not send spam, prohibited content, or content that violates Meta's or applicable laws' requirements.

You keep ownership of your WhatsApp Business number and Meta account. We are not responsible for third-party services, and their availability or policy changes may affect the Service.

5. Acceptable use

You agree not to, and not to permit others to:

• use the Service to send unlawful, deceptive, harassing, or infringing content;
• violate messaging, privacy, consumer-protection, or anti-spam laws;
• reverse engineer, resell, or circumvent usage limits of the Service except as permitted by law or a white-label agreement;
• upload malware or attempt to gain unauthorised access to the Service or other tenants' data.

We may suspend accounts that pose a security, legal, or platform-integrity risk.

6. Customer data and privacy

You retain all rights to the data you and your diners provide ("Customer Data"). You grant us a limited licence to process Customer Data solely to provide and improve the Service. We act as your data processor for diner data and handle personal data as described in our Privacy Policy and any Data Processing Agreement. You are responsible for obtaining valid consent from your diners and for the lawfulness of your campaigns. You can export or delete your Customer Data at any time.

7. Intellectual property

The Service, including its software, design, and content, is owned by MenuPulse and its licensors and is protected by intellectual-property laws. These Terms grant you a non-exclusive, non-transferable right to use the Service during your subscription. All trademarks remain the property of their owners; WhatsApp is a trademark of Meta Platforms, Inc., and MenuPulse is independent and not affiliated with Meta.

8. Service levels and availability

We strive for high availability but do not guarantee uninterrupted service on standard plans. Enterprise plans may include a separate service-level agreement. We may perform maintenance and will make reasonable efforts to minimise disruption.

9. Disclaimers

Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Business outcomes shown on our website are illustrative and not guaranteed.

10. Limitation of liability

To the maximum extent permitted by law, MenuPulse will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our aggregate liability arising out of or relating to the Service will not exceed the fees you paid to us in the twelve months preceding the event giving rise to the claim.

11. Indemnity

You will indemnify and hold MenuPulse harmless from claims arising out of your Customer Data, your messaging to diners, or your breach of these Terms or applicable law.

12. Term and termination

These Terms apply while you use the Service. Either party may terminate as described in your plan. On termination, your right to use the Service ends and, after a reasonable export window, we may delete your data in line with our Privacy Policy.

13. Governing law

These Terms are governed by the laws of India, and the courts of India will have exclusive jurisdiction, unless a separate signed agreement states otherwise. Nothing in these Terms limits mandatory consumer or data-protection rights available to you under local law.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified in advance; continued use after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms? Contact us at hello@menupulse.io.