Terms & Conditions

(Last Updated: December 18, 2023)

Terms & Conditions
Terms of Service-User Agreement

These Terms of Service (the “Agreement”) is a binding contract between you and MenuMatch, LLC ("MenuMatch", "we", or "us"). It governs your use of the MenuMatch website at https://www.menumatchapp.com, (the “Website”) any application programming interfaces made available by MenuMatch ("APIs"), and any mobile application referencing this Agreement (the “App”) (collectively referred to as the "Services").

1. Acceptance of Terms. By installing any Apps, APIs, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these terms.

2. Privacy Policy; Email Policy.

(A) Privacy and Device Data. Your use of the Services is also governed by the Privacy Policy. By using the Services, you consent to the collection, use, and disclosure of your information as outlined in the Privacy Policy. You agree that MenuMatch may collect and use technical and related information, including but not limited to technical information about your device (including device UUID), computer, your physical location, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Apps. MenuMatch may use this information, as long as it is in a form that does not personally identify you, for analytics purposes (including aggregated and anonymized analytics), to improve our products, or to provide services or technologies to you.

(B) Location Services. The Services may include certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide those features or services, where available, MenuMatch may collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account and any devices registered thereunder, as further described in the Privacy Policy. You hereby agree and consent to MenuMatch’s collection, use, transmission, processing, and maintenance of that location and account data to provide and improve those features or services.

(C) Email Policy. By submitting your email, you consent to initially receiving periodic emails from MenuMatch. If you would like to stop receiving emails from MenuMatch, please follow the directions to unsubscribe at the bottom of the emails you receive from MenuMatch. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

3. Changes to this Agreement. We reserve the right to modify this Agreement at any time. Revised versions will be available on this webpage, and the date of the latest revision will be indicated at the top. Regularly revisiting this Agreement is advisable as any changes will be binding on you. Users are advised to review the terms regularly.

4. Service Overview. MenuMatch is a mobile application that curates personalized meal suggestions and restaurant recommendations that align with each user's unique food allergy or dietary restriction requirements and preferences. Ratings and certifications from MenuMatch are guides and don't guarantee food safety. We may link to, or promote, websites or services from other companies, including food establishments. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant, in any express or implied way, the offering of any of those businesses or individuals, and do not control, those web sites or services.

5. License Grant. All of the content featured or displayed on the Services (the “Content”) is owned or licensed by MenuMatch. You are granted a limited, revocable, non-transferable, non-exclusive license to access and use the Services. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of the content may violate copyright, trademark, and other laws. Pursuant to the copyright and trademark laws of the United States, you agree to all of the following:

(A) That you may only download Content that MenuMatch designates as offered for download for personal and noncommercial use;

(B) To not reproduce, modify, or distribute any Content without specific written authorization from MenuMatch;

6. Usage Limitations; No Medical Advice Provided.

(A) Informational Purposes Only. The information provided through the Services is for educational and informational purposes only and is not a substitute for professional medical advice or your own judgment. It does not establish a patient or client relationship with MenuMatch. None of the information provided is intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian. You acknowledge that all of the information and content on the Services is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Services.

(B) No Guarantee of Food Safety. MenuMatch cannot and does not guarantee that a food establishment will at all times use adequate processes or other safeguards to prevent cross-contact with allergens or other restricted foods. MenuMatch does not guarantee the safety of any food items. MenuMatch is in no way meant to be a replacement for your vigilance in contacting a food establishment to inquire about the ingredients and procedures relevant to your unique food needs. MenuMatch assumes no liability for your experience at a food establishment.

(C) No Guarantee of the Accuracy or Completeness of Information. Though we try to provide accurate information, MenuMatch cannot guarantee that the information provided on the Services is accurate or complete. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Services. We reserve the right to modify, update, or discontinue the Services at our sole discretion.

7. Intellectual Property. All content related to MenuMatch, including logos, trademarks, and other proprietary information, remains the exclusive property of MenuMatch. “MenuMatch” the MenuMatch logo, and other MenuMatch logos and product and service names are or may be trademarks of MenuMatch (the “MenuMatch Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the MenuMatch Marks in any manner. MenuMatch retains all right, title and interest in and to all MenuMatch Content.

8. User Conduct and Responsibilities. Users should consult with health professionals regarding specific medical issues and exercise vigilance when selecting food establishments based on MenuMatch’s information. You are solely responsible for the confidentiality and activities associated with your account. If security is compromised, contact us immediately. You may not rent, lease, lend, or sublicense the Services. All components of an App are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. If an App update completely replaces (full install) a previously licensed version of the App, you may not use both versions of the App at the same time nor may you transfer them separately.

9. No Warranties; Limitation of Liability.

(A) Disclaimer of Warranties. The Services and Content are provided to user on an ‘as is’ basis and without express or implied warranty of any kind. MenuMatch disclaims all warranties, expressed or implied, with respect to the services provided, the site, the content and related materials provided hereunder including, without limitation, any warranty of accuracy, merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. You agree that you must evaluate and bear all risks associated with use of the Services, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

(B) Limitation of Liability. MenuMatch provide the Services "as is" without warranties. MenuMatch assumes no liability for user experiences, the accuracy of information provided, or the safety of any food items. Use of Services and any external content is solely at your own risk. MenuMatch may not be held liable for any damages arising out of or related to your use of the Services. In no event shall MenuMatch be liable for any loss, injury, damage, claim or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with any use of the Services. MenuMatch is not liable for any loss, injury, damage, claim or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a user’s visit to or patronage of a food establishment or business listed, rated, certified, or promoted by MenuMatch.

(C) THE AGGREGATE LIABILITY OF MENUMATCH TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MENUMATCH FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification. You agree to indemnify, defend, and hold MenuMatch, its officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your violation of this Agreement; (ii) your access to or use of the Services; (iii) any products or services purchased or obtained by you in connection with the Services; (iv) the infringement by you, or any third party, of any intellectual property or other right of any person or entity (v) any dispute or issue between you and any third party. MenuMatch reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MenuMatch in asserting any available defenses. You agree not to settle any matter without the prior written consent of MenuMatch.

11. Termination. Your only remedy for dissatisfaction with the Services is to discontinue your access and use. If you violate any provision of this Agreement, your permission from us to use the Services will terminate automatically. In addition, MenuMatch may in its sole discretion terminate your user account on the Services or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

12. Site Use and Restrictions. You agree not to violate this Agreement, exploit the Services, or engage in actions that might overload or harm our infrastructure, including but not limited to:

(A) Modify, reproduce, distribute, sell, or in any way exploit the Services;

(B) Use any robot or other automated means to access, retrieve, or index any portion of the Services;

(D) Take any action that imposes, in our sole discretion, an unreasonable load on our technology infrastructure;

(E) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services or features that enforce limitations on the use of the Services.

13. Accounts and Registration; Payment.

(A) To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, username, password, zip code, gender, health conditions, best advice or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@menumatchapp.com.

(B) Access to the Services, or to certain features of the Services, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars. You authorize MenuMatch to charge all sums as described in this Agreement, for the Services you select, to that payment method. If you pay any fees with a credit card, MenuMatch may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

14. External Links and Partners. The Service might link to other sites or services, including food establishments. We aren't responsible for the content or actions of these third-party services.

15. Eligibility and Account Registration. To use the Service, you must be at least 13 years old. By registering, you warrant that you are of the appropriate age and haven't been previously suspended or removed from the Services.

16. Severability. If any part of this Agreement is declared unenforceable or invalid, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17. No Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, delegated, or assigned in any manner by you, the user, without our prior written consent, but may be so transferred, delegated, or assigned by MenuMatch.

18. Waiver. The failure or neglect by a party to enforce any of rights under this Agreement will not be deemed to be a waiver of that party’s rights.

19. Jurisdiction. Delaware law will govern this Agreement, as well as any claim, cause of action or dispute that might arise between you and MenuMatch, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Delaware.

20. Entire Agreement; Amendment. This Agreement, together with the MenuMatch Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and MenuMatch regarding your use of the Services. Except as expressly permitted above, this Agreement may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of this Agreement, Sections 9 and 10, along with the MenuMatch Privacy Policy and any other accompanying agreements, will survive.