These terms cover your use of takeyourmenu.com and your engagement of Take Your Menu ("we") to build and/or host a direct-order website for your restaurant ("you"). The specific scope, price and ownership terms for a project are set out in a separate written agreement between us; if the two differ, the agreement wins. This page covers the general terms of working with us.
Your domain, your content and your data are yours: your menu, prices, photos and logo, your order history, and the list of customers who agreed to hear from you. If you leave, you get them in standard file formats that other providers can import, as one hand-over pack you download from your admin, together with a simple take-away website (your menu, photos, hours and contact details) that you can put on any web host. The take-away website doesn't include online ordering; you choose your next ordering service and link to it. When you leave, you're asked whether you want the hand-over pack, and your answer is recorded.
The TakeYourMenu software (the ordering system, admin panel, kitchen display, apps and tools) belongs to Take Your Menu. Your build fee and hosting pay for your restaurant's site to be set up and run on it; they don't transfer ownership of the software. Full detail is in your project agreement.
Your ordering site runs on the TakeYourMenu platform. Hosting is $50 a month, or $500 a year paid upfront, billed on the 1st of each month starting the month after your site launches (the launch month itself isn't charged). It covers running your site, uptime, security, and bug fixes, and can be cancelled by either side with notice as set out in your agreement. Prices can change over time: if we change the hosting price, we'll email you at least 30 days before the new price applies to you, and you can leave before then if you'd rather not continue. A yearly plan you've already paid for keeps its price until it's up for renewal. Pausing online ordering from your admin doesn't pause hosting; for a long temporary closure you may ask us to review your hosting, which we decide case by case with no guarantee. You can leave at any time from your admin (Leave TakeYourMenu): hosting stops renewing and runs to the end of the period you've already paid for. When hosting ends, online ordering on the site stops; your hand-over pack stays downloadable from your admin until then.
The build fee is paid as your invoice states: in full to start when you switch from another ordering platform, or in two halves, 50% to start and 50% at launch, for a site built from nothing or a custom design. Applicable sales taxes, based on your business location, are added to the build fee and to hosting, and are shown on each invoice. Invoices are due as stated on them and are paid by card through Stripe. If a hosting payment fails and isn't resolved after notice, we may pause hosting until it is.
You're responsible for your restaurant and what your site offers and says: your menu, prices, hours, taxes, promotions and allergen information; your site's privacy policy and terms (we provide starting templates you should have reviewed by your own lawyer); following food-safety, consumer-protection and other laws that apply to your business; and not selling alcohol or other age-restricted items through the site unless we've agreed on a compliant way to do it. You're the sender of any marketing emails you send through your site: send them only to people who opted in, which the site enforces, and don't remove the required unsubscribe link or business address.
You control your customers' information. We store and process it only to operate your site, as your service provider, and keep it confidential and secured. See our Privacy Policy.
Don't use the service for anything unlawful, to send unsolicited email, or to try to access other restaurants' sites or data. We may suspend a site that's being used this way.
We build and host software; we don't control your restaurant's sales, review scores, or other outcomes, and make no promises about them. Apart from what your project agreement promises, the service is provided as-is, and we don't guarantee it will be uninterrupted or error-free, though we work to keep it that way.
To the extent permitted by law, Take Your Menu isn't liable for indirect or consequential damages arising from use of this site or the software we build, and our total liability is limited to the amounts you paid us in the twelve months before the claim. Nothing here limits liability where the law doesn't allow it.
These terms are governed by the laws of the State of Washington.
We'll post changes here and update the date above. Contact us with any questions at [email protected].