Terms of Service

Agreement to Our Legal Terms

We are Galvan Digital LLC, doing business as NexMenus ("Company," "we," "us," "our"), a company registered in California, United States at 2712 Loker Avenue West #1116, Carlsbad, CA 92010.

We operate the website https://nexmenus.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Help users create and manage digital menus.

You can contact us by phone at (+1) 4425004658, email at [email protected], or by mail to 2712 Loker Avenue West #1116, Carlsbad, CA 92010, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Galvan Digital LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective seven (7) days after notice is given, except for changes that apply to a court order, bug fixes, security updates, new functionality, changes required by law or regulation, or emergency operational changes, which will be effective immediately. By continuing to use the Services after the effective date of changes, you agree to be bound by the modified terms. If you disagree, you may terminate Services as described in "Term and Termination."

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Persons who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations, including HIPAA, FISMA, and similar regulations. If your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), as well as trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property and unfair competition laws and treaties.

The Content and Marks are provided in or through the Services "as is" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of Content to which you have properly gained access, solely for personal, non-commercial use or internal business purpose.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purpose without our express written permission. Requests may be sent to [email protected].

We reserve all rights not expressly granted to you. Any breach of these Intellectual Property Rights will constitute a material breach and your right to use the Services will terminate immediately.

Your submissions and contributions

By sending us questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you assign to us all intellectual property rights in such Submission. We may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation.

The Services may invite you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials ("Contributions"). Contributions may be viewable by other users and third-party websites.

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, exploit, create derivative works from, incorporate into other works, and sublicense your Contributions, including your image, name, voice, company name, franchise name, trademarks, service marks, trade names, logos, and personal or commercial images.

You are responsible for what you post or upload, including confirming that your content is lawful, accurate, non-confidential, original to you or properly licensed, and not illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading. We may remove or edit Contributions and may suspend or disable accounts that violate these Legal Terms.

Copyright infringement

We respect intellectual property rights. If you believe material available on or through the Services infringes your copyright, refer to the DMCA section below.

3. User Representations

By using the Services, you represent and warrant that your registration information is true, accurate, current, and complete; you will maintain its accuracy; you have legal capacity and agree to comply with these Legal Terms; you are not a minor; you will not access the Services through automated or non-human means; you will not use the Services for illegal or unauthorized purpose; and your use will not violate applicable law or regulation. If any information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We may remove, reclaim, or change a username if we determine it is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept Visa, Mastercard, Discover, American Express, and Stripe.

You agree to provide current, complete, and accurate purchase and account information and to promptly update account and payment information. Sales tax will be added as deemed required. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at then-current prices and authorize us to charge your chosen payment provider. We may correct pricing errors even after requesting or receiving payment. We may refuse, limit, or cancel orders, including orders placed under the same account, payment method, billing address, or shipping address, and may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to recurring charges without prior approval for each recurring charge until you cancel. The billing cycle is monthly.

Cancellation

You can cancel your subscription at any time by logging into your account. Cancellation takes effect at the end of the current paid term. Questions may be emailed to [email protected].

Fee Changes

We may make changes to subscription fees and will communicate price changes in accordance with applicable law.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:

• Systematically retrieve data or content to create a collection, compilation, database, or directory without written permission.
• Trick, defraud, mislead, harass, abuse, harm, intimidate, threaten, disparage, tarnish, or otherwise harm us, our employees, agents, or other users.
• Circumvent, disable, bypass, test, breach, compromise, reverse-engineer, decompile, disassemble, copy, adapt, or interfere with security-related features, access restrictions, platform code, software, or functionality except as permitted by law.
• Use the Services in a manner inconsistent with law, or upload viruses, malware, Trojan horses, spyware, web bugs, spam, excessive capital letters, repetitive text, or other harmful or disruptive material.
• Use scripts, bots, robots, scrapers, offline readers, data mining tools, or other automated systems to access, interact with, harvest from, or scrape the platform.
• Delete copyright or proprietary rights notices, impersonate another person, use another user's username, falsely claim association with a business, sell or transfer your profile, share credentials with unauthorized users, or create multiple accounts to avoid restrictions.
• Collect personal data, usernames, or email addresses without authorization, or create accounts by automated means or false pretenses.
• Use the Services to compete with us, for unauthorized commercial enterprise, or to promote or sell goods or services unrelated to your food or beverage business.
• Upload or share pornography, sexually explicit material, inappropriate content, non-food-related nudity, offensive imagery, hate speech, infringing content, or images of minors without proper authorization or consent.
• List menu items with false or misleading descriptions, ingredients, pricing, mandatory fees, surcharges, nutritional information, allergen information, ingredient declarations, certification claims, health claims, or medical claims.
• Post menus that infringe intellectual property rights or use the platform to circumvent payment, commission, age verification, taxation, regulatory reporting, or approved payment systems.
• Misrepresent affiliations with delivery services or payment processors, facilitate illegal gambling, betting, unauthorized contests or sweepstakes, unauthorized public gatherings, anti-competitive practices, or protected health information processing in violation of privacy laws.
• Use deceptive practices to redirect customers to competing services or websites.

8. User Generated Contributions

The Services may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material ("Contributions"). Contributions may be viewable by other users and third-party websites and may be treated as non-confidential and non-proprietary.

When you create or make Contributions available, you represent and warrant that they do not infringe third-party rights; you have all required rights, licenses, consents, releases, and permissions; identifiable individuals have provided consent; Contributions are not false, inaccurate, misleading, unauthorized advertising, obscene, violent, harassing, libelous, slanderous, objectionable, threatening, discriminatory, unlawful, or harmful to minors; and Contributions do not violate these Legal Terms or applicable law. Violations may result in termination or suspension of your rights to use the Services.

9. Contribution License

By posting Contributions to any part of the Services, you grant and represent that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, distribute, create derivative works from, incorporate into other works, and sublicense such Contributions in any media or technology now known or later developed.

This license includes use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images. You waive moral rights in your Contributions and warrant that moral rights have not otherwise been asserted. We do not assert ownership over Contributions; you retain ownership and are solely responsible for them. We may edit, redact, recategorize, pre-screen, or delete Contributions at any time for any reason without notice and have no obligation to monitor them.

10. Third-Party Websites and Content

The Services may contain links to third-party websites and third-party content. We do not investigate, monitor, or check such websites or content for accuracy, appropriateness, or completeness and are not responsible for them. Linking to or permitting third-party websites or content does not imply approval or endorsement. If you leave the Services or use third-party content, you do so at your own risk and should review applicable third-party terms and policies. Purchases through third-party websites are exclusively between you and the applicable third party. You agree to hold us blameless from harm or losses related to third-party websites, content, products, or services.

11. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations; take appropriate legal action against anyone who violates law or these Legal Terms; refuse, restrict, limit, or disable Contributions; remove or disable burdensome files and content; and otherwise manage the Services to protect our rights and property and facilitate proper functioning.

12. Privacy Policy

Please review our Privacy Policy at https://nexmenus.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from another region, you consent to transfer and processing of your data in the United States.

13. Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

If you believe material available on or through the Services infringes a copyright you own or control, notify our Designated Copyright Agent. A Notification should meet DMCA 17 U.S.C. § 512(c)(3) and include a physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material and information sufficient to locate it, contact information, a good-faith statement that use is unauthorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act.

Counter Notification

If you believe your copyrighted material was removed because of mistake or misidentification, you may submit a Counter Notification including identification of removed or disabled material and its former location, consent to jurisdiction, acceptance of service of process, your name, address, telephone number, a good-faith statement under penalty of perjury, and your signature. If you materially misrepresent that content was removed by mistake or misidentification, you may be liable for damages, costs, and attorneys' fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

14. Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking IP addresses, for any reason or no reason, including breach of these Legal Terms or applicable law. We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time without warning. If your account is terminated or suspended, you may not create a new account under your name, a fake or borrowed name, or a third party's name. We may pursue civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We may change, modify, remove, revise, update, suspend, discontinue, or otherwise modify the Services or their contents at any time or for any reason without notice. We are not liable for modification, price change, suspension, discontinuance, interruption, delay, error, or inability to access or use the Services. Nothing in these Legal Terms obligates us to maintain or support the Services or supply corrections, updates, or releases.

16. Governing Law

These Legal Terms and your use of the Services are governed by California law applicable to agreements made and performed entirely within California, without regard to conflict of law principles.

17. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice.

Binding Arbitration

If the parties cannot resolve a Dispute through informal negotiations, the Dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA Consumer Rules. Without this provision, you would have the right to sue in court and have a jury trial. Arbitration may be conducted in person, through documents, by phone, or online, and will take place in San Diego County, California unless otherwise required by applicable rules or law.

If a Dispute proceeds in court, it shall be commenced or prosecuted in the state and federal courts located in San Diego County, California. The parties consent to venue and jurisdiction there. No Dispute related to the Services shall be commenced more than one (1) year after the cause of action arose, unless this provision is found illegal or unenforceable.

Restrictions

Arbitration shall be limited to the Dispute between the parties individually. No arbitration shall be joined with another proceeding, arbitrated on a class-action basis, or brought in a representative capacity.

Exceptions to Informal Negotiations and Arbitration

Disputes seeking to enforce or protect intellectual property rights, Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are not subject to the informal negotiation and arbitration provisions above.

18. Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We may correct errors, inaccuracies, or omissions and change or update information at any time without prior notice.

19. Disclaimer

The Services are provided on an as-is and as-available basis. Your use of the Services is at your sole risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of Services content or linked websites or applications and assume no liability for errors, personal injury, property damage, unauthorized access, interruptions, bugs, viruses, omissions, losses, or third-party products or services.

20. Limitations of Liability

In no event will we or our directors, employees, or agents be liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if advised of the possibility. Our liability for any cause will be limited to the lesser of the amount paid by you to us during the six (6) months before the cause of action arose or $100.00 USD. Some laws may provide additional rights.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from losses, damages, liabilities, claims, demands, attorneys' fees, and expenses arising from your Contributions, use of the Services, breach of these Legal Terms, breach of your representations and warranties, violation of third-party rights, or harmful act toward another user. We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

22. User Data

We maintain certain data transmitted to the Services to manage service performance and data relating to your use. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity. We have no liability for loss or corruption of data, and you waive any right of action arising from such loss or corruption.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, and communications satisfy legal writing requirements. You agree to electronic signatures, contracts, orders, records, and delivery of notices, policies, and transaction records, and waive requirements for original signatures or non-electronic records to the extent permitted by law.

24. California Users and Residents

If a complaint is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right is not a waiver. We may assign rights and obligations at any time and are not liable for delays or failures caused by circumstances beyond our reasonable control. If any provision is unlawful, void, or unenforceable, it is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created. You waive defenses based on the electronic form of these Legal Terms and lack of signing.

26. Brand Ownership and Operator

NexMenus is a digital service owned and operated by Galvan Digital LLC. By using NexMenus, users acknowledge that all agreements, policies, and obligations are between the user and Galvan Digital LLC. References to NexMenus reflect the product and service brand under which Galvan Digital LLC conducts business.

27. User-Uploaded Content and Image Restrictions

Users may upload images only if they own the rights or have permission to use them. Uploading images containing pornography, explicit material, hate speech, or infringing content is prohibited. NexMenus may remove violating content without notice and may suspend or terminate offending accounts.

28. Menu Accuracy and Liability Disclaimer

The accuracy of menu content, including pricing, ingredients, allergen information, and nutritional data, is solely the user's responsibility. Galvan Digital LLC makes no warranties regarding user-provided information and disclaims liability for damages arising from reliance on it. Menu operators are responsible for compliance with applicable laws and regulations.

29. Service Availability, Maintenance, and Technical Issues

NexMenus strives to maintain continuous availability but does not guarantee uninterrupted access. Service may be unavailable or degraded due to maintenance, updates, traffic, technical issues, outages, bugs, network problems, or circumstances beyond our control. Galvan Digital LLC may modify, suspend, or discontinue any aspect of the service for maintenance or improvements with or without notice. For planned maintenance affecting paid accounts, we will attempt reasonable advance notice when feasible. Users agree Galvan Digital LLC is not liable for damages from interruptions, delays, or performance issues.

30. Pricing, Subscriptions, and Payment Terms

NexMenus offers multiple subscription tiers, including a Free plan and paid plans. Current plan details, features, and limitations appear on our landing page and subscription management interface. Payments are processed through Stripe, and users agree to Stripe's terms when making payments. Paid subscriptions renew automatically at the specified billing interval unless canceled at least 24 hours before the current billing period ends. Users must maintain accurate billing information. We may introduce or modify plans, features, limitations, or pricing with reasonable notice. No refunds or credits are provided for partial periods or unused services unless required by law. Canceled paid subscriptions remain active until the end of the current billing period, then revert to the Free plan or other applicable tier. We are not responsible for third-party payment processing errors or issues.

31. Data Export and Account Termination

Users may request a data export through account settings or support. Upon account termination, users have 30 days to request their data. After that, user data may be permanently deleted according to retention policies. NexMenus may maintain anonymized or aggregated data for statistical purposes. Account termination removes associated menus from public access and discontinues paid services without refund for any remaining subscription period.

32. Third-Party Integrations and External Links

NexMenus may provide third-party integrations or links to external websites or resources for convenience. Galvan Digital LLC has no control over and assumes no responsibility for third-party content, privacy policies, or practices. Users agree Galvan Digital LLC is not responsible or liable for damage or loss caused by use of or reliance on third-party content, goods, or services.

33. Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions ("Suggestions") provided to Galvan Digital LLC with respect to NexMenus shall remain the sole and exclusive property of Galvan Digital LLC. We may use, copy, modify, publish, or redistribute Suggestions for any purpose without credit or compensation. By submitting Suggestions, users waive all rights to them and agree not to claim ownership or intellectual property rights over implementations.

34. Menu Drafts Created Through ChatGPT

NexMenus offers a plugin for ChatGPT that lets you create a private menu draft without a NexMenus account. Drafts are temporary: unclaimed drafts become inaccessible automatically (currently about 72 hours after creation), and their access credentials are revoked. The associated draft records and credentials are permanently deleted by scheduled cleanup after an additional retention period, currently up to seven days. Drafts are not published and cannot be published until they are claimed by signing in to or creating a NexMenus account, at which point the draft becomes part of your account and these Terms apply to it in full. Draft content is subject to the same content standards as the rest of the Services (see Prohibited Activities and User-Uploaded Content), and we may remove drafts that violate them. We are not responsible for the loss of unclaimed drafts that expire, and draft limits (such as the number of items or categories) may change at any time. Your use of ChatGPT itself is governed by OpenAI's own terms.