Terms of Service

1. Agreement to these terms

By accessing or using OptiMenu, you confirm that you can form a binding contract with us, that you are authorized to act on behalf of the restaurant or business you register, and that you accept these Terms on its behalf. If you are using OptiMenu as an authorized member of a restaurant’s account, the account holder’s acceptance of these Terms also applies to you.

2. The service

OptiMenu is a software platform that helps independent restaurants reduce food waste and improve margins. Its central feature is the “Tonight’s Dish” recommendation engine, which suggests dishes to promote based on signals including waste risk, item popularity, and margin. Supporting features — invoice parsing, menu and ingredient management, analytics, and staff briefing tools — exist to feed and surface those recommendations. We may add, change, or remove features over time.

3. Eligibility & accounts

• You must be at least 18 years old and able to enter into contracts to use OptiMenu.
• You are responsible for the accuracy of the information you provide and for keeping your login credentials secure.
• You are responsible for all activity under your account, including actions by staff or others you authorize.
• Notify us promptly at support@opti-menu.com if you suspect unauthorized use of your account.

4. Subscriptions, pricing & billing

• Subscription. OptiMenu is offered on a recurring subscription basis. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis until you cancel.
• Pricing. Standard pricing is $79 per month. Eligible early customers may subscribe at a founding rate of $59 per month. Where offered, the founding rate applies as described at the time of sign-up; we will not change it for an active founding subscriber except as permitted in these Terms or as you otherwise agree.
• Payment processing.Payments are processed by Stripe. You agree to Stripe’s applicable terms, and you are responsible for providing accurate, current billing information.
• Renewal. Subscriptions renew automatically for successive periods at the then-current rate for your plan unless you cancel before the renewal date.
• Cancellation. You may cancel at any time from your account settings. Cancellation stops future renewals; it takes effect at the end of your current billing period, and you retain access until then.
• Refunds. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods.
• Price changes. We may change standard pricing on a going-forward basis. We will give reasonable advance notice of any change that would affect your renewals.
• Taxes. Stated prices do not include taxes. You are responsible for any applicable sales, use, or similar taxes.

5. Your data & content

You own your data.As between you and OptiMenu, you retain all rights to the data and content you provide or connect — including menus, recipes, invoices, and sales data (“Your Data”). You grant us a non-exclusive, worldwide license to host, process, transmit, and display Your Data as needed to operate and provide the service to you, including transmitting relevant data to the subprocessors described in our Privacy Policy.

You represent that you have the rights necessary to provide Your Data to us and that doing so does not violate any law or third-party rights. We may use aggregated, de-identified data that does not identify you or your restaurant to operate, analyze, and improve the service.

6. Third-party integrations

OptiMenu connects with third-party services, such as POS providers (for example, Shift4/SkyTab or Square) and payment processing. Those services are operated by third parties under their own terms and privacy policies, and their availability and accuracy are outside our control. We are not responsible for third-party services, and your use of them is at your own risk. If a third-party service changes or becomes unavailable, related OptiMenu features may be affected.

7. AI recommendations — important disclaimer

8. Acceptable use

You agree not to:

• use OptiMenu for any unlawful purpose or in violation of these Terms;
• upload data you do not have the right to share, or that infringes others’ rights;
• attempt to access accounts, data, or systems that are not yours;
• reverse engineer, scrape, overload, or interfere with the service or its security;
• resell, sublicense, or provide the service to third parties except as expressly permitted; or
• misuse AI features, including attempts to extract underlying models or generate harmful content.

9. Intellectual property

OptiMenu, including its software, design, branding, and content (excluding Your Data), is owned by OptiMenu Solutions LLCand protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the service during your subscription, solely for your restaurant’s internal business purposes. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us the right to use them without obligation to you.

10. Disclaimers

The service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, secure, or that outputs will be accurate or reliable. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, OptiMenu Solutions LLC and its owners and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, or for food spoilage, waste, or business interruption, arising out of or relating to your use of (or inability to use) OptiMenu, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any claim relating to the service will not exceed the amounts you paid to us for the service in the three (3) months immediately before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless OptiMenu Solutions LLC and its owners and affiliates from and against any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of or related to your use of the service, Your Data, your violation of these Terms, or your violation of any law or third-party right.

13. Termination

You may stop using OptiMenu and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms, if required for security or legal reasons, or if we discontinue the service. Upon termination, your right to use the service ends. Sections that by their nature should survive — including data ownership, disclaimers, limitation of liability, indemnification, and governing law — survive termination. We will handle your data after termination as described in our Privacy Policy.

14. Changes to the service & terms

We may modify the service and may update these Terms from time to time. When we make material changes, we will revise the effective date above and provide notice where appropriate. Your continued use of OptiMenu after changes take effect means you accept the updated Terms. If you do not agree, stop using the service and cancel your subscription.

15. Governing law & disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Union County, New Jersey will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the service, and you consent to personal jurisdiction there, except where applicable law provides otherwise.

16. Contact

Questions about these Terms? Reach us at support@opti-menu.com.