Terms of use and sale

These terms (the “Terms”) govern access to and use of the Menly service (the “Service”): online software that lets food businesses publish a digital menu, take orders and run their point of sale, floor, team and performance tracking.

• “Customer”: the business (individual or company) that creates a workspace and subscribes to a plan for one or more establishments;
• “Member”: anyone the Customer gives access to its workspace (partner, manager, waiter, cashier…);
• “Visitor”: a person who views an establishment's menu, possibly to place an order;
• “Content”: the information, text, prices and images the Customer publishes in the Service.

Creating a workspace means accepting the Terms. The Service is intended for businesses: the Customer declares acting in the course of its trade and having authority to bind the establishment it registers.

The Customer provides accurate information and keeps it up to date. Signing in uses a one-time code sent by email; the Customer keeps its mailbox and devices secure.

The Customer chooses its Members and their permissions, and is responsible for their actions in its workspace. It promptly removes access for a Member who leaves the establishment.

Plans, their features, usage limits and prices in dirhams are shown on menly.io. Each restaurant has its own subscription, billed at its plan's price; the Business plan is quoted on request.

Subscriptions are taken out with Menly's sales team, which activates the chosen plan on the Customer's workspace. Prices may change; any increase is announced at least thirty (30) days in advance and applies from the next period.

Subscriptions are paid in advance, monthly or yearly, as agreed when subscribing. If payment remains outstanding after a reminder, Menly may restrict access to the plan's features or suspend the workspace, without deleting data during that time.

A subscription renews for the same period unless the Customer cancels before it ends; cancellation takes effect at the end of the current, already paid period, with no pro-rata refund.

Either party may terminate if the other commits a serious breach not remedied fifteen (15) days after formal notice. Menly may immediately suspend a workspace used unlawfully or that endangers the security of the Service.

Before the subscription ends, the Customer may request an export of its data. The data is then deleted or anonymised, subject to retention periods required by law.

The Customer keeps ownership of its Content and grants Menly the right to host, reproduce and display it only as far as needed to operate the Service.

The Customer alone is responsible for its Content: accurate prices, dish ingredients and allergen information, compliance with the display rules that apply to its business, and holding the rights to the photos and brands it publishes.

When the Customer enables online ordering, Menly passes Visitors' orders on to the establishment as a technical provider. The contract of sale is made directly between the Visitor and the establishment, which sets its prices, prepares orders, collects payments and is responsible for fulfilling them.

The Service may not be used to publish unlawful or misleading content or content that infringes third-party rights, to attempt to access another workspace's data, to disrupt the Service, or to resell it without Menly's written consent.

Menly takes reasonable measures to keep the Service available at all times, without guaranteeing it will be uninterrupted. Maintenance may be needed; Menly aims to schedule it outside service hours.

Menly processes Customer and Member data in line with the privacy policy. For Visitor data collected by the establishment (orders, name and phone for a pickup), the Customer is the controller and Menly acts as processor on its instructions.

The Service, its software and its brand remain Menly's exclusive property. The subscription grants the Customer a personal, non-exclusive, non-transferable right to use it for the term of the subscription.

Menly's obligation is one of means. It is not liable for indirect damage (loss of revenue, customers, or data attributable to the Customer) and its total liability is limited to the amounts paid by the Customer in the twelve (12) months before the event giving rise to the claim.

Neither party is liable for a failure caused by force majeure.

Menly may change the Terms; Customers are informed of any material change at least thirty (30) days before it takes effect. Continuing to use the Service after that date means accepting the change.

The Terms are governed by Moroccan law. The parties first seek an amicable solution; failing that, any dispute falls under the commercial courts with jurisdiction over the publisher's registered office. The French version of the Terms prevails.