1. Parties and purpose
These terms govern the use of neo.menu, provided by Axiom Atlas, LLC (EIN 30-1446189, 131 Continental Dr, Suite 305, Newark, DE 19713, USA) to restaurants and other hospitality businesses (“the Customer”). The service is for businesses; it is not contracted as a consumer.
2. The service
neo.menu lets the Customer create, translate and publish a digital menu reachable by QR code, plus the features included in each plan. Available features can vary by market: in Catalonia the service is currently offered as a digital menu, without ordering or payments through the platform.
3. Account and acceptable use
- The Customer warrants that its account details are accurate and keeps its credentials safe.
- The Customer will not use the service for unlawful or misleading content or content that infringes third-party rights.
- The Customer is solely responsible for the content of its menu, in particular allergen information, VAT-inclusive prices, and compliance with the consumer and language rules that apply to its premises.
4. Price, taxes and payment
Paid plans are billed in advance through Stripe, in the currency and with the taxes shown before purchase. Subscriptions renew automatically for the same period unless cancelled from the billing portal, effective at the end of the current period. Amounts paid are non-refundable except where the law requires.
5. Availability and support
We provide the service with reasonable care and do not guarantee uninterrupted availability. Support is handled by email on business days.
6. Intellectual property
The Customer keeps ownership of its content and grants us a non-exclusive licence to host, translate and display it solely to provide the service. The neo.menu software and brand belong to their owner.
7. Liability
Except for wilful misconduct or gross negligence, total liability for any claim arising from the service is limited to the amounts the Customer paid in the twelve months before the event giving rise to it. We are not liable for lost profits or indirect damage.
8. Term and termination
These terms apply while the account exists. Either party may terminate them; we may suspend an account for a serious breach. On termination, the Customer may request an export of its data within the following 30 days.
9. Data protection: roles
Axiom Atlas, LLC is the controller of the Customer's account data and of visitors to its own websites, as described in the Privacy policy. For the Customer's diners' data (for example name, phone number or order details), the Customer is the controller and Axiom Atlas, LLC acts as processor under the annex below.
Annex: data processing agreement (GDPR art. 28)
- Subject matter and duration: provision of the service for as long as the account exists.
- Nature and purpose: hosting, display, delivery of requested notifications and, where available, order handling.
- Types of data: diners' identification and contact details, order contents and language preferences. Data subjects: the Customer's diners.
- Instructions: we process the data only on the Customer's documented instructions, which are these terms and the service configuration.
- Confidentiality: staff with access are bound by confidentiality.
- Security: we apply appropriate technical and organisational measures (GDPR art. 32), including access control, encryption in transit and activity logging.
- Sub-processors: the Customer gives general authorisation for the providers listed in the Privacy policy (Supabase Inc. (AWS), Vercel Inc., Fly.io Inc., WhatsApp (Meta Platforms), Functional Software Inc. (Sentry), Stripe, Google LLC, Anthropic PBC, OpenAI, Email delivery (Nerve Email Cloud / SMTP provider)). We will give notice of changes in advance so the Customer can object.
- Assistance: we will help the Customer respond to data subjects' rights and meet its security, breach notification and impact assessment obligations.
- Personal data breaches: we will notify the Customer without undue delay after becoming aware of a breach affecting its data.
- End of processing: at the Customer’s choice, we will delete or return the data, unless the law requires retention.
- Audits: we will make available to the Customer the information needed to demonstrate compliance (hola@neo.menu).
10. Governing law and jurisdiction
These terms are governed by Spanish law. The parties submit to the courts of Barcelona (España).