This Restaurant Agreement is between Menuline ("Menuline," "we," "us") and the restaurant business that signs up for Menuline ("you," the "Restaurant"). It adds to our Terms of Service and Privacy Policy, which also apply. If this Agreement and the Terms conflict, this Agreement controls for restaurants. By creating a restaurant account or taking orders through Menuline, you agree to it on behalf of your business.
1. What Menuline provides
Menuline gives you a restaurant website, an online ordering page, a dashboard to manage menus, locations, orders, and payouts, marketing tools, and optional integrations such as printers, point-of-sale systems, and delivery (together, the "Services"). Diners who order through the Services buy from you, not from Menuline.
2. Your plan
- Your subscription plan, price, and any trial or introductory pricing are shown when you sign up and in your dashboard. Section 3 of the Terms explains billing, renewal, and cancellation.
- 0% commission. Menuline doesn't take a percentage of your direct online orders.
- Diner platform fee. Diners pay a 5% platform fee on online orders, shown to them at checkout. It goes to Menuline.
3. Payments and payouts
- We collect, then pay out. Menuline collects diner payments through Stripe on your behalf. Your balance for an order is what the diner paid for food, taxes, tips, and delivery fees, minus the diner platform fee and the deductions below.
- Deductions. We deduct from your payouts:
- card processing fees shown in your dashboard,
- refunds you issue and chargebacks diners file, plus the processor's dispute fees,
- delivery charges under section 4, and
- any other amount you owe Menuline under this Agreement.
- Negative balances. If deductions exceed what you're owed, we may recover the difference from your future payouts. If that isn't possible within a reasonable time, we may charge the payment method on your account.
- Timing. Payouts are sent to the bank account connected through Stripe, on the schedule and minimum shown in your dashboard. We may hold or delay a payout to investigate suspected fraud, or when Stripe or the law requires it.
- Stripe. You must complete Stripe's onboarding and agree to Stripe's Connected Account Agreement.
- Taxes. You are responsible for setting correct tax rates and for collecting, reporting, and paying the taxes on your sales. Menuline doesn't file or pay sales tax for you.
4. Delivery
Delivery is optional and is turned on per location in your dashboard.
Who delivers. Couriers come from a third-party delivery provider, currently Uber Direct. Menuline requests the courier for you and is billed by the provider. Neither Menuline nor the provider is your employee or agent, and Menuline doesn't perform deliveries.
When a courier is sent. A courier is requested when you accept a delivery order and is timed to the ready time you set. Have the order packed and ready by then, at the pickup address on your location, and keep that location's phone number current so couriers can reach you. The provider may charge a wait-time fee if a courier has to wait.
The delivery fee you set. You choose what diners pay for delivery, an optional order size above which delivery is free to the diner, an optional delivery minimum, and how far you deliver (up to the provider's limit). Diners see the fee at checkout.
Delivery charges. For each delivery, we deduct from your payouts:
- the provider's fare for the trip, including any market surcharge it applies (your dashboard shows the current fares by distance), and
- the diner's tip, which goes 100% to the courier.
The delivery fee the diner paid is included in your balance under section 3, so per order you pay the difference between the fare and the diner's fee, or keep it if the diner's fee is higher. The fare charged is the provider's final fare for the trip, which can differ from the dashboard estimate because the provider measures the driving route.
Cancellations and returns. If an order is cancelled or refunded after a courier was assigned, or the provider can't complete a delivery, the provider may charge a cancellation or return fee. We deduct that fee from your payouts. Cancelling before a courier is assigned is free.
Risk of loss. Once the courier picks up an order, you bear the risk of it being late, lost, damaged, or spilled, and you're responsible for refunding or replacing it for the diner. We may help you contact the provider about a problem delivery and will pass along any credit the provider gives us for it.
What you can't send. Don't send alcohol, tobacco, cannabis, prescription drugs, weapons, or other age-restricted, illegal, or hazardous items for delivery, or items that don't fit in a standard car. Package food so it travels safely and is sealed when practical.
Provider rules. You agree to follow the delivery provider's rules for merchants that we share with you. If the provider suspends delivery in your area or for your account, delivery may stop working until it's resolved.
5. Your responsibilities
- Keep your menus, prices, hours, photos, locations, and allergen and dietary information accurate.
- Prepare, package, and hand off orders safely, and follow food safety, licensing, labeling, and consumer protection laws.
- Handle diner questions and problems with orders, including refunds.
- Only send marketing to diners who agreed to receive it, and honor unsubscribes.
- Have the rights to everything you upload, including photos, logos, and menu content.
- Keep your account secure and your team's access up to date.
6. Diner data
You can use diner information from your orders to fulfill orders, provide customer service, and send marketing the diner opted into, following the law and the Privacy Policy. Menuline processes this information to provide the Services and shares it with service providers we use to run them, including the delivery provider for delivery orders.
7. Content
You keep ownership of your content. You let Menuline host, display, adapt, and distribute it to provide and promote the Services, for example to publish your website and show it as an example of a site built with Menuline. AI features can produce mistakes, so review AI-generated text and images before you publish them.
8. Ending this Agreement
You can stop using the Services and cancel your plan anytime, as described in the Terms. We may suspend or end your access if you break this Agreement, don't pay, or create risk for diners, couriers, or Menuline. We'll give notice first when we reasonably can. After it ends, we pay out any balance you're owed, minus refunds, chargebacks, delivery charges, and other amounts you owe us. Sections 3, 4 (for deliveries already made), 9, and 10 continue after it ends.
9. Indemnity
You'll defend and indemnify Menuline against claims by third parties, including diners, couriers, and government agencies, that arise from your food, your products, your content, how you prepared or packaged an order, or your breach of this Agreement or the law.
10. Disclaimers and liability
The Services, including delivery, are provided "as is." Menuline doesn't guarantee that couriers will be available, that deliveries will arrive on time, or that the Services will produce a particular number of orders or sales. To the extent the law allows, Menuline isn't liable for indirect or consequential damages or lost profits, and our total liability under this Agreement is limited as set out in section 11 of the Terms.
11. Changes
We may update this Agreement. For material changes, including changes to delivery charges, we'll notify you by email or in the dashboard at least 30 days before they take effect, unless a delivery provider changes its prices on shorter notice, in which case we'll tell you as soon as we can. If you keep using the Services after a change takes effect, the new version applies.