Terms of Service

Acceptance of Terms

By creating an account or using Top Food App, you agree to these Terms of Service. If you do not agree with them, do not use the service.

The service is operated from Spain, in the European Union. The identity and registered address of the operator are provided on request through our contact page.

Nothing in these terms takes away rights you have under consumer law that cannot be waived by agreement. Where a clause here conflicts with such a right, that right prevails.

Description of Service

Top Food App provides an online platform for restaurants and other food businesses to create, manage, translate and publish digital menus.

• Create, organise and customise menus, sections and dishes, with photos, prices and allergen information.
• Generate QR codes and printable sheets so customers can open the menu on their phone.
• Publish menus on a public page hosted by us.
• Publish menus in several languages, including automatic translation.
• Import an existing menu from a photo or PDF, which is read automatically and turned into a draft you review.
• Change the look of the published menu with themes, colours and fonts.
• See how many people opened your menu and which dishes they looked at.
• Create a menu by talking to an AI assistant such as ChatGPT or Claude, and claim it afterwards by creating an account.
• Invite other people to work on the same account.

Who Can Use the Service

You must be at least 14 years old to create an account and at least 18, with legal capacity to enter into contracts, to subscribe to a paid plan. The service is intended for business use. If you use it on behalf of a company, you confirm you are authorised to accept these terms for it.

User Accounts

When you create an account you must give information that is accurate, complete and current, and keep it up to date.

Account Registration

You are responsible for keeping your password safe and for everything done through your account. Tell us as soon as possible if you think someone else has access to it.

Account Responsibility

You may invite other people to your account and choose what they can do. You remain responsible for what they do with it, and for removing access when they no longer need it.

Your Content

You keep ownership of everything you submit or publish through the service: your menus, dishes, descriptions, prices, photos and design choices.

Content Ownership

You keep all rights to your content. You confirm you have the rights to everything you upload, including photos, and that publishing it does not infringe the rights of others.

Licence to Use

You give us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, translate and publish your content, for the sole purpose of running the service for you. This includes sending it to the providers we use for storage, delivery and automatic translation or import. The licence lasts only as long as your content is in the service and ends when you delete it or delete your account, except for copies in backups until they expire.

Your Responsibility for Menu Information

You are responsible for the accuracy of what you publish, including prices, ingredients and allergen information. This matters: allergen information can affect a person's health, and only you know what is really in your dishes. Check every menu before you publish it, and check it again after an automatic import or translation.

Automatic Import and Translation

Menu import and automatic translation are produced by artificial-intelligence models. They are a drafting aid, not a substitute for your review.

These features can make mistakes: they can misread a price, drop a dish, or translate an ingredient or allergen incorrectly. We do not guarantee the accuracy of the result, and you must review and correct it before publishing.

The features are subject to fair-use limits, and depend on providers outside our control. We may change the underlying models, or pause a feature if a provider is unavailable.

Plans, Prices and Payment

Free Plan

The free plan lets you create and publish menus at no cost. In exchange, we show advertising from Google on the public pages of menus published on the free plan. Upgrading to a paid plan removes that advertising.

Paid Plan

Paid plans are billed in advance, monthly or yearly depending on the plan you choose. Prices are shown before you subscribe and include or exclude tax as stated at checkout. Payments are handled by our payment provider; we never see your full card details.

Renewal and Cancellation

A paid subscription renews automatically at the end of each billing period at the price then in force, unless you cancel first. You can cancel at any time from your account settings. Cancelling stops the next renewal; your plan stays active until the end of the period you have already paid for, and your account then returns to the free plan.

Price Changes

We may change our prices. If a change affects a subscription you already have, we will tell you by email at least 30 days before it takes effect, and you can cancel before then if you do not accept it.

Right of Withdrawal

If you are a consumer in the European Union, you normally have 14 days to withdraw from a distance contract without giving a reason. When you subscribe, you ask us to start providing the service immediately and acknowledge that you lose the right of withdrawal once it has been fully performed. If you withdraw while the service is only partly performed, you pay a proportionate amount for what you used. Most of our customers are businesses, in which case this right does not apply.

Refunds

Beyond the right of withdrawal and the rights consumer law gives you, payments already made are not refundable, because you keep access until the end of the period you paid for. If something goes clearly wrong on our side, contact us and we will look at it.

Failed Payment

If a payment fails, we may retry it and, after telling you, move the account back to the free plan. Your menus stay online; the paid features stop.

Acceptable Use

You agree not to use the service to upload, publish or transmit content that is unlawful, misleading, harmful, threatening, abusive or otherwise objectionable, and not to use it in a way that damages the service or other users.

Prohibited Activities

• Any illegal or unauthorised purpose, including publishing menus for a business you do not represent.
• Content that is harmful, threatening, abusive, or that infringes the rights of others, including photos you do not have the rights to.
• Deliberately false information about food, in particular about ingredients, allergens or origin.
• Spam, unsolicited advertising or promotional material.
• Unauthorised access to our systems or networks, or attempts to circumvent limits, security or advertising.
• Automated mass extraction of content from the service, or reselling the service as your own without our written agreement.
• Violation of any applicable law or regulation.

Availability and Changes to the Service

We work to keep the service available, but we do not promise it will be uninterrupted or error-free. We may carry out maintenance, and we may add, change or remove features. If we remove a feature you rely on, or discontinue the service, we will give you reasonable notice and, where a paid plan is affected, refund the unused part of what you paid.

Intellectual Property

The service itself, its software, design, brand and original content are and remain our property and that of our licensors. These terms give you no rights over them beyond using the service as intended.

Our Rights

The service is protected by copyright, trademark and other laws. You may not copy, modify, decompile or create derivative works from it, except where the law expressly allows it.

Disclaimers and Liability

The service is provided as it is and as available.

Warranties

To the extent the law allows, we make no warranties beyond those we cannot exclude. If you are a consumer, the legal guarantee of conformity applies to you in full and nothing here limits it.

Limitation of Liability

To the extent the law allows, our total liability for any claim connected to the service is limited to the amount you paid us in the 12 months before the event that caused it. We are not liable for indirect or consequential loss, such as lost profits or lost business.

What We Never Exclude

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, for gross negligence, or for anything else that cannot be excluded under Spanish law.

Termination

Either of us can end this agreement.

Termination by You

You may delete your account at any time from your account settings. You choose whether to delete only your own login or the whole account. Deleting the whole account starts a 30-day waiting period, during which you can cancel and nothing is lost; after that, your restaurant, menus and photos are permanently deleted.

Termination by Us

We may suspend or close your account if you seriously or repeatedly breach these terms. Except where the breach is serious enough to require immediate action, or where the law requires otherwise, we will warn you first, explain why, and give you a chance to put it right. If we close your account without cause, we will refund the unused part of any paid plan.

What Happens to Your Content

When your account is deleted, your published menus stop working and your content is deleted as described in our privacy policy. Export or save anything you want to keep before you delete. Deleting your account

Privacy and Data Protection

Our privacy policy explains what we do with personal data and forms part of these terms. Where we process data about the people who open your published menu, we do so on your instructions as your processor; you can request a written data processing agreement through our contact page. Privacy Policy

Changes to These Terms

We may change these terms. If a change is material, we will tell you by email or inside the service at least 30 days before it takes effect. If you do not accept the change, you may cancel your subscription and delete your account before that date; continuing to use the service afterwards means you accept the new terms.

Governing Law and Disputes

These terms are governed by Spanish law. If you are a consumer, you can bring a claim in the courts of your own country of residence and keep the protection of its mandatory consumer rules; if you use the service as a business, the courts of Spain have exclusive jurisdiction.

If you are a consumer in the European Union, you may also use the European Commission online dispute resolution platform. We prefer to solve problems directly, so please contact us first.

Language

These terms are published in several languages. The translations are provided for convenience; if there is any difference in meaning, the English version prevails.

Contact Information

If you have any question about these Terms of Service, contact us through our contact page.

Click below to visit our contact page and get in touch with us.