Terms of Service

Please read these Terms of Service ("Terms") carefully before using the TheMenu platform. By creating an account or using any part of our service, you agree to be bound by these Terms. If you do not agree, do not use the platform.

1. The Parties

These Terms constitute a binding agreement between TheMenu - Product of Byon Media (Pty) Ltd ("TheMenu", "we", "us", "our") and you, the individual or business entity that registers for and uses the platform ("you", "Client", "Subscriber"). By accepting these Terms you warrant that you are 18 years or older and are authorised to enter into a binding agreement.

2. The Service

TheMenu provides a software-as-a-service (SaaS) platform that allows South African restaurants and hospitality businesses to:

• Create and manage digital menus using three creation methods (Custom Builder, Canvas Designer, and PDF/Image Upload);
• Generate branded, permanent QR codes linked to their menu pages;
• Access an analytics dashboard showing menu views, QR scans, and social link engagement;
• Display an ad-supported public menu page (Standard plan) or an ad-free menu page (Premium plan); and
• Manage social media links (Instagram, Facebook, WhatsApp, TikTok) on their menu page.

We reserve the right to modify, suspend, or discontinue any feature of the platform at any time with reasonable notice. We will not make material changes that fundamentally reduce the service without providing 30 days' notice.

3. Account Registration

To use the platform you must register an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Keep your login credentials confidential and not share them with third parties;
• Notify us immediately at info@byonmedia.com if you become aware of any unauthorised use of your account;
• Be responsible for all activity that occurs under your account.

We may refuse registration or suspend accounts at our discretion where we reasonably suspect misuse or violation of these Terms.

4. Subscription Plans and Billing

4.1 Plans

We offer two subscription tiers:

• Standard (Ads Enabled) — R299/month: Full platform access. Geo-targeted advertisements from our South African ad network are displayed on your public menu page.
• Premium (Ad Free) — R549/month: Full platform access with a completely ad-free customer-facing menu page and priority support.

All prices are quoted in South African Rand (ZAR) and are VAT inclusive. No setup fee is charged on either plan.

4.2 Billing Cycle

Subscriptions are billed monthly on the date your account was activated and renew automatically each month until cancelled.

4.3 Payment Method

Payment is currently made by Electronic Funds Transfer (EFT). An invoice will be issued at the start of each billing cycle and payment is due within 5 business days. Automated debit order collection will be introduced in a future update, at which point you will be given reasonable notice and the opportunity to authorise the debit mandate before it takes effect.

4.4 Payment Failure

If payment is not received within 5 business days of the invoice date, we will send a reminder. If payment remains outstanding after a further 5 business days, your account may be suspended. Access will be restored immediately upon receipt of payment. We will not delete your menu content during a suspension of 60 days or fewer.

4.5 Price Changes

We may change subscription prices by giving you at least 30 days' written notice by email. If you do not cancel before the new price takes effect, you will be deemed to have accepted the revised pricing.

4.6 Refunds

We do not offer refunds for partial months or for any period during which your account was active. If you cancel during a billing period, your access continues until the end of that period and you will not be charged for the following month. Where we are required by the Consumer Protection Act 68 of 2008 (CPA) to provide a refund, we will do so promptly.

5. Free Trial

Where we offer a free trial period, the following conditions apply:

• One free trial per restaurant or business entity — repeat trials using different email addresses are not permitted;
• At the end of the trial period, your account will automatically convert to the plan you selected unless you cancel before the trial ends;
• We reserve the right to terminate or modify free trial offers at any time.

6. Acceptable Use

You may only use the platform for lawful purposes and in accordance with these Terms. You must not:

• Upload menu content that is false, misleading, defamatory, obscene, or that infringes any third-party intellectual property rights;
• Use the platform to promote unlawful goods, services, or activities;
• Attempt to gain unauthorised access to any part of the platform or its infrastructure;
• Introduce viruses, malware, or other harmful code;
• Scrape, crawl, or reverse-engineer the platform without our express written consent;
• Resell or sub-license access to the platform to third parties without our written approval;
• Impersonate another business or person on a menu page;
• Use the platform in a way that could damage, disable, or impair it or interfere with other users' use.

We may remove content that violates these restrictions and suspend or terminate your account without notice where there is a serious or repeated breach.

7. Menu Content and Accuracy

You are solely responsible for the accuracy, legality, and completeness of all content displayed on your menu page, including but not limited to:

• Menu item descriptions, prices, and availability;
• Dietary labels (Vegan, Halaal, Gluten-Free, etc.) — you must ensure these are accurate. Incorrect dietary labelling may pose a health risk and may breach the CPA and regulations under the Foodstuffs, Cosmetics and Disinfectants Act;
• Allergen information;
• Any promotional or special offer content.

TheMenu is a technology platform only. We do not verify the accuracy of menu content and accept no liability for any loss arising from inaccurate, incomplete, or misleading menu information.

8. Advertising (Standard Plan)

If you are on the Standard (Ads Enabled) plan, you acknowledge and agree that:

• Geo-targeted advertisements from our South African ad network will be displayed on your public menu page. The placement, frequency, and content of ads are determined by us;
• You have no right to approve or reject individual advertisements, provided they comply with our advertising standards (no adult content, no illegal products);
• You will not receive direct revenue from advertisements displayed on your menu page — the advertising subsidy is reflected in the lower subscription price of the Standard plan;
• Upgrading to the Premium plan at any time will remove all ads from your menu page immediately;
• We reserve the right to suspend the ad network or modify the ad model with 30 days' notice.

9. Intellectual Property

9.1 Our Platform

The TheMenu platform, including its software, design, trademarks, and all related intellectual property, is owned by TheMenu - Product of Byon Media (Pty) Ltd or its licensors. We grant you a limited, non-exclusive, non-transferable licence to access and use the platform for the duration of your active subscription and solely for your own restaurant or business purposes.

9.2 Your Content

You retain ownership of all menu content, logos, images, and other materials you upload to the platform ("Client Content"). By uploading Client Content, you grant us a worldwide, royalty-free licence to host, display, and reproduce it solely for the purpose of providing the service to you.

You warrant that you own or have obtained the necessary rights to all Client Content you upload, and that it does not infringe any third-party rights.

10. Uptime and Service Levels

We target 99.9% uptime for public menu pages. Scheduled maintenance will, where possible, be carried out during off-peak hours with prior notice. Unplanned outages will be communicated via our status channels as soon as practicable. Uptime targets are aspirational and do not constitute a legally binding service level agreement unless separately agreed in writing.

11. Limitation of Liability

To the maximum extent permitted by South African law:

• TheMenu is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the platform;
• Our total aggregate liability to you for any claim arising under or related to these Terms shall not exceed the total subscription fees paid by you in the 3 months preceding the claim;
• We are not liable for any losses arising from third-party advertising displayed on Standard plan pages, inaccurate menu content, or third-party social media or payment services.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

12. Indemnity

You agree to indemnify and hold harmless TheMenu - Product of Byon Media (Pty) Ltd, its directors, employees, and agents from and against any claims, losses, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the platform in violation of these Terms; (b) your Client Content; (c) any inaccurate or misleading menu content; or (d) your violation of any applicable law.

13. Cancellation and Termination

13.1 Cancellation by You

You may cancel your subscription at any time from your account settings or by emailing info@byonmedia.com. Cancellation takes effect at the end of your current billing period. You retain full access until that date.

13.2 Termination by Us

We may suspend or terminate your account immediately if you: materially breach these Terms; engage in fraudulent, abusive, or illegal activity; or fail to pay outstanding amounts after the grace period. We may also terminate the platform entirely by giving 60 days' written notice to all Subscribers.

13.3 Data on Termination

Upon cancellation or termination, your public menu page will be taken offline. You may request an export of your menu content within 30 days of termination. After 90 days from the effective termination date, we will permanently delete your account data, subject to any legal retention obligations.

14. Consumer Protection Act Compliance

Where you are a consumer as defined in the Consumer Protection Act 68 of 2008, the following apply in addition to these Terms:

• You have the right to cancel a fixed-term agreement with 20 business days' written notice, subject to a reasonable cancellation penalty;
• Our month-to-month subscriptions have no fixed term and may be cancelled at any time as set out in clause 13.1;
• You have the right to goods and services of good quality as defined in Section 54 of the CPA;
• Nothing in these Terms is intended to limit or exclude your rights under the CPA to the extent that such exclusion would be unlawful.

15. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the platform, you agree to the processing of personal information as described in the Privacy Policy.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms shall first be referred to good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules, or at the election of either party, to the jurisdiction of the Free State Division of the High Court, Bloemfontein.

17. Electronic Communications

In terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), you consent to receive communications from us electronically. Emails sent to the address on your account constitute written notices for the purposes of these Terms.

18. Entire Agreement and Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TheMenu - Product of Byon Media (Pty) Ltd with respect to the platform and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

19. Amendments

We may amend these Terms from time to time. Material changes will be notified by email at least 14 days before taking effect. Continued use of the platform after the effective date of any amendment constitutes your acceptance of the revised Terms.

20. Contact

For any questions regarding these Terms:

• Email: info@byonmedia.com
• Company: TheMenu - Product of Byon Media (Pty) Ltd