Terms of Service | spotmymenu

These Terms of Service (the "Terms") are a binding agreement between you and Western Softworks LLC, a limited liability company organized under the laws of the Commonwealth of Puerto Rico, with its principal place of business in Aguadilla, Puerto Rico ("Western Softworks", "we", "us" or "our"). They govern your access to and use of spotmymenu, including the websites at spotmymenu.com, the dashboard, the public menu pages, the free QR code generator and every related feature and service (together, the "Service").

Please read these Terms carefully. By creating an account, starting a free trial, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Section 19 limits our liability, and Section 21 contains a waiver of jury trial and of class actions.

1. Who these Terms apply to

"Customer", "you" or "your" means the person who creates an account, and the restaurant or business that person represents.
"Team Member" means anyone you invite to help manage a restaurant in your account.
"Guest" means anyone who views a menu published through the Service, for example by scanning a QR code. Section 10 explains the terms that apply to Guests.
"Customer Content" means everything you or your Team Members upload or enter into the Service: menus, prices, descriptions, photos, logos, specials, restaurant information, hours and links.

2. Eligibility and business use

The Service is designed for restaurants and other food and beverage businesses. It is offered for business and commercial purposes, not for personal, family or household use.

To create an account you must be of legal age to enter into a binding contract where you live (in Puerto Rico, that is 21 years of age; elsewhere in the United States, generally 18), and you must not be barred from using the Service under the laws of the United States or any other applicable jurisdiction. If you accept these Terms on behalf of a business, you represent that you have the authority to bind that business, and "you" includes that business.

3. Your account

You must give accurate, current and complete information when you sign up, and keep it up to date.
You may sign up with an email address and password or with a third-party sign-in provider such as Google. Your use of a third-party provider is also subject to that provider's terms.
You are responsible for keeping your login credentials confidential and for all activity under your account, including activity by your Team Members. Tell us right away at [email protected] if you believe your account has been accessed without permission.
Team Members. You may invite up to five (5) Team Members per restaurant, or any other number stated on our pricing page. Invitations work only for the invited email address. You are responsible for each Team Member's compliance with these Terms and for removing access when it is no longer appropriate.

4. Free trial

Your first restaurant may be eligible for a free trial for the period shown at sign-up (currently 7 days). Unless you cancel before the trial ends, your paid subscription begins automatically when the trial ends and the payment method you provided will be charged the subscription price you selected. You can cancel at any time during the trial from your dashboard and you will not be charged. We may limit free trials to one per customer, business or payment method, and we may change or end free trial offers at any time for new sign-ups.

5. Subscriptions, billing and automatic renewal

Plans. The Service is sold as a subscription per restaurant, billed monthly or yearly at the prices shown on our website or in your dashboard when you subscribe.
Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or yearly) for another period of the same length, and we will charge your payment method the then-current price, until you cancel. By subscribing, you authorize these recurring charges.
How to cancel. You can cancel at any time from your dashboard, online, without calling or writing to us. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. You can also ask for help by writing to [email protected].
Refunds. Except where the law requires otherwise or we state otherwise in writing, fees already paid are not refundable, including for partial billing periods, unused time, or downgrades. If you believe you were charged in error, contact us within 60 days of the charge and we will review it in good faith.
Price changes. We may change our prices. We will give you at least 30 days' notice by email or in the dashboard before a price change applies to your subscription, and the new price will apply starting with your next renewal after the notice period. If you do not agree with the new price, you may cancel before it takes effect.
Payment processing. Payments are processed by Stripe, Inc. We do not store your full card number. By paying, you also agree to Stripe's applicable terms. You authorize us and Stripe to charge your payment method for all fees you owe, and you agree to keep your payment information current.
Failed payments. If a payment fails, we may retry the charge and ask you to update your payment method. If the amount remains unpaid, we may suspend or downgrade your account, including your public menu, until it is paid.
Taxes. Prices do not include taxes unless stated. You are responsible for all applicable taxes, including the Puerto Rico Sales and Use Tax (IVU) and any state or local sales, use or similar taxes, and we will collect them where we are required to by law.

6. Customer Content

You own your content. You keep all rights to your Customer Content. We do not claim ownership of it.
License to us. You grant Western Softworks a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resize images or format text for different screens and themes), display and distribute your Customer Content only as needed to provide, secure, support and improve the Service, including publishing your menu to Guests and generating QR codes, table cards and social media images you create. This license ends when your Customer Content is deleted from the Service, except for copies kept in routine backups for a limited time or as required by law.
Showcasing. We will not use your restaurant's name, logo or menu in our marketing without your permission.
Your responsibilities. You represent that you have all the rights needed to upload your Customer Content and to grant the license above, and that your Customer Content and its use through the Service do not infringe anyone's rights or violate any law.

7. Accuracy of menus, allergens and food safety

You are solely responsible for the accuracy, completeness and legality of your menu and everything you publish through the Service, including prices, item descriptions, ingredients, calorie counts, allergen information and dietary or highlight labels such as "Vegan", "Vegetarian", "Gluten free" or "Spicy".

We do not verify, test or certify any food, ingredient, nutrition or allergen information. Labels and icons in the Service are display tools only and are not a representation by us that any item meets any standard.
You are responsible for complying with all laws that apply to your menu and business, including, where applicable, the menu labeling requirements of the U.S. Food and Drug Administration (21 C.F.R. § 101.11), food allergen and food safety rules, the regulations of the Puerto Rico Department of Health, alcoholic beverage laws, consumer protection and pricing rules, including those enforced by the Puerto Rico Department of Consumer Affairs (DACO), and any required disclosures to Guests.
A digital menu does not replace any notice, advisory or printed information the law requires you to provide in your establishment.

8. Guest reviews and ratings

The Service lets Guests leave star ratings and written feedback. You control whether star ratings appear on your public menu. Written feedback is private to your team.

You agree not to write, buy, or ask others to post fake reviews or ratings; not to offer Guests anything in exchange for a review conditioned on it being positive; and not to present ratings in a way that is misleading, including by suggesting that the displayed ratings represent all ratings when some have been hidden. You are responsible for complying with the Federal Trade Commission's rules on consumer reviews and testimonials (16 C.F.R. Parts 255 and 465) and any similar Puerto Rico or state law. We may remove reviews or ratings that we believe violate these Terms or the law.

9. Acceptable use

You agree that you and your Team Members will not, and will not help anyone else to:

use the Service for anything illegal, fraudulent, deceptive or harmful, or to promote illegal products or services;
upload content that is infringing, defamatory, obscene, hateful, harassing, or that violates anyone's privacy or publicity rights;
upload malware, or use a menu, link or QR code to send Guests to phishing, malicious or deceptive websites;
gain or try to gain unauthorized access to the Service, other accounts, or our systems or networks, or probe, scan or test their vulnerability without our written permission;
interfere with or disrupt the Service, including by overloading it, sending automated requests at a volume that places an unreasonable load on it, or getting around rate limits or security measures;
copy, scrape, resell, sublicense, rent or offer the Service to third parties as a standalone product, except as the Service's features allow;
reverse engineer, decompile or try to extract the source code of the Service, except to the extent the law expressly permits it despite this restriction;
use the Service to send spam or unsolicited messages; or
use the Service in violation of U.S. export control or sanctions laws, including if you are located in, or are a resident of, a country or region subject to comprehensive U.S. sanctions, or appear on a U.S. government restricted party list.

We may investigate any suspected violation and remove content, suspend accounts or take other appropriate action, including reporting it to law enforcement.

10. Guests

Guests may view menus published through the Service for free and without an account. If you are a Guest:

Menus are created and maintained by the restaurant, not by us. Western Softworks is not responsible for menu content, prices, availability, allergen or nutrition information, or the food and service provided by any restaurant. Always confirm allergen and dietary information directly with restaurant staff.
Any ratings or feedback you submit must be honest, based on your own experience, and lawful. You grant the restaurant and us a non-exclusive, royalty-free, perpetual license to store, use and display that feedback in connection with the Service, and you agree we may remove it at any time.
Sections 9, 12, 17, 18, 19, 21 and 22 of these Terms also apply to your use of the Service as a Guest.

11. Privacy and data

Our collection and use of personal information is described in our Privacy Policy, which is part of these Terms.

Guest data. The Service gives you insights about how Guests use your menu, such as views, taps and ratings. We design these insights to be privacy-friendly. You agree to use them only for legitimate business purposes related to your restaurant and in compliance with applicable privacy laws.
Your obligations. If you collect or upload personal information about Guests, employees or other individuals through the Service, you are responsible for having a lawful basis and giving any required notice.
Aggregated data. We may create and use aggregated or de-identified data derived from use of the Service (which does not identify you, your restaurant, or any individual) to operate, analyze and improve the Service, and we may share such data publicly (for example, industry statistics).
Children. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (COPPA). If you believe a child has provided personal information through the Service, contact us and we will delete it.
Security. We use reasonable administrative, technical and physical safeguards designed to protect the Service and your data. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur. If we become aware of a security breach affecting your personal information, we will notify you as required by applicable law, including Puerto Rico's Citizen Information on Data Banks Security Act (Act 111-2005).
Emails. We will send you transactional and service emails about your account, billing and security; these are part of the Service. You can unsubscribe from marketing emails at any time.

12. Our intellectual property

The Service, including its software, design, themes, templates, text, graphics, logos and the "spotmymenu" and "Western Softworks" names and marks, is owned by Western Softworks or its licensors and is protected by U.S. and international intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during your subscription.

QR codes, table cards and social media images you create with the Service may be printed and used freely to promote your restaurant, including after your subscription ends (but a QR code will only open your menu while your menu is published on the Service).

Feedback. If you send us ideas, suggestions or feedback, we may use them without restriction or obligation to you.

13. Third-party services and links

The Service works with or links to third-party services, such as Stripe, Google sign-in, maps, and social networks such as Instagram, Facebook, TikTok, X, YouTube and WhatsApp. We do not control them and are not responsible for their content, policies or availability. Your use of third-party services is governed by their terms.

14. Copyright complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content on the Service infringes your copyright, send a written notice to our designated Copyright Agent that includes:

your physical or electronic signature;
identification of the copyrighted work you claim is infringed;
identification of the material you claim is infringing and where it is located on the Service (for example, the menu URL);
your name, address, telephone number and email address;
a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Copyright Agent: Western Softworks LLC, Attn: Copyright Agent, Aguadilla, Puerto Rico · [email protected]

If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice as described in 17 U.S.C. § 512(g). We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

15. Availability and changes to the Service

We work hard to keep the Service fast and available, but we do not guarantee that it will be uninterrupted, error-free or available at all times. The Service may be unavailable because of maintenance, updates, failures of third-party providers, internet or power outages, or events beyond our control. We may add, change or remove features over time. If we remove a core feature you pay for in a way that materially reduces the Service, you may cancel and, on request, we will refund the unused portion of any prepaid fees for the current billing period.

16. Term, suspension and termination

These Terms apply from the moment you first use the Service until your account is closed.
By you. You may cancel your subscriptions and close your account at any time from your dashboard or by contacting us.
By us. We may suspend or terminate your access to all or part of the Service, immediately and with or without notice, if you materially breach these Terms, fail to pay fees when due, use the Service in a way that creates legal risk or harm for us, Guests or others, or if required by law. For any other reason, we will give you at least 30 days' notice and refund any prepaid fees for the period after termination.
Effect of termination. When your subscription ends, your public menu may stop being available to Guests. We will keep your Customer Content for at least 30 days after your account is closed so you can come back or ask us for a copy, after which we may delete it permanently, except for limited copies we must keep by law or that remain in backups until they are overwritten.
Sections that by their nature should survive termination will survive, including Sections 5 (for amounts owed), 6 (for licenses to Guest feedback), 7, 11, 12, and 17 through 23.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will meet your requirements, that it will be uninterrupted, secure or error-free, that any data will be accurate or preserved, or that the Service will increase your sales. Insights and analytics are estimates provided for information only.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

18. Indemnification

You agree to defend, indemnify and hold harmless Western Softworks and its members, managers, employees, contractors and agents from and against any claims, damages, losses, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content, including any claim that menu, allergen, nutrition or pricing information was inaccurate; (b) your restaurant, food, beverages or services; (c) your or your Team Members' use of the Service or breach of these Terms; or (d) your violation of any law or the rights of any third party. We will notify you of any such claim, and we may participate in the defense with counsel of our choosing at our own expense.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL WESTERN SOFTWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply to any theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, and even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or intentional misconduct (dolo) or, where the law so provides, gross negligence.

20. Force majeure

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including hurricanes, tropical storms, earthquakes, floods and other natural disasters; power grid or utility failures; failures of internet, hosting or payment providers; epidemics; war, terrorism or civil unrest; labor disputes; and acts of government.

21. Governing law, disputes and venue

Governing law. These Terms are governed by the laws of the Commonwealth of Puerto Rico and, where applicable, the federal laws of the United States of America, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally. The party raising the dispute must send the other a written notice describing it and the relief sought (to us at [email protected]). If the dispute is not resolved within 30 days after the notice is received, either party may bring a claim as described below.
Venue. Any claim arising out of or related to these Terms or the Service must be brought exclusively in the Court of First Instance of Puerto Rico, Aguadilla Judicial Region, or in the United States District Court for the District of Puerto Rico, and you and we consent to the personal jurisdiction of those courts. Either party may, however, bring an individual claim in a small claims proceeding where available, and either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.
WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AND WESTERN SOFTWORKS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.
NO CLASS ACTIONS. TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
Time limit. To the extent permitted by law, any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred.

22. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed. If a change is material, we will notify you by email or in the dashboard at least 30 days before it takes effect. Changes will not apply to disputes that arose before the change. By continuing to use the Service after the changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Service and cancel your subscription.

23. General

Entire agreement. These Terms, together with the Privacy Policy and any order terms shown when you subscribe, are the entire agreement between you and us about the Service and replace any prior agreements on that subject.
Electronic contracting. You agree that these Terms may be accepted electronically and that electronic records, notices and signatures have the same legal effect as paper ones, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the Puerto Rico Electronic Transactions Act (Act 148-2006).
Notices. We may send notices to the email address on your account or through the dashboard; they are effective when sent. You may send notices to [email protected].
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or to an affiliate.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or reformed to the minimum extent necessary, and the rest of the Terms will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Relationship. You and we are independent contractors. These Terms do not create a partnership, joint venture, employment or agency relationship.
No third-party beneficiaries. Except as stated in Section 18, these Terms do not give any rights to anyone other than you and us.
Language. These Terms are available in English and Spanish. Both versions are provided in good faith; if there is any conflict between them, the English version controls, to the extent permitted by law.
Headings. Headings are for convenience only and do not affect the meaning of these Terms.

24. Contact us

Western Softworks LLC
Aguadilla, Puerto Rico, United States
Email: [email protected]