Menoir — by Brahma Origins LLC
Terms of Service
Effective Date: April 1, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Brahma Origins LLC ("we," "us," or "our"), governing your access to and use of the Menoir platform and services available at menoir.co (the "Service"). By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Eligibility
- You must be at least 13 years of age to use the Service.
- Subscription accounts (restaurant owners/businesses) require the account holder to be at least 18 years of age or the age of majority in their jurisdiction.
- You must provide accurate and complete registration information.
- You are responsible for maintaining the confidentiality of your account credentials.
3. Description of Service
Menoir is a digital menu management platform that enables restaurant owners to create, manage, and publish QR-code-based digital menus. The platform includes:
- Menu creation and management tools
- QR code generation for customer-facing menus
- Staff and employee account management
- Media (image) hosting for menu items
- Subscription-based access with plan-dependent features
4. Accounts and Registration
4.1 Account Creation
To access the Service as a restaurant owner, you must register for an account and provide accurate business and contact information. You are responsible for all activity that occurs under your account.
4.2 Account Security
You must notify us immediately at legal@brahma.company if you suspect unauthorized access to your account. We are not liable for losses arising from unauthorized account use due to your failure to safeguard credentials.
4.3 Account Termination by You
You may delete your account at any time through account settings. Upon deletion, your data will be removed in accordance with our Privacy Policy.
5. Subscriptions and Billing
5.1 Free Trial
Certain plans may include a free trial period, the duration of which varies by plan. During the trial, you may access plan features at no charge. Free trials do not require a credit card or payment method. At the end of your free trial period, continued access to paid features will require selecting a subscription plan. You will not be automatically charged.
5.2 Paid Subscriptions
Paid subscriptions are billed on a monthly or annual basis depending on your selected plan. Billing occurs at the start of each billing cycle. All fees are stated in the applicable currency (USD or INR) and are non-refundable except as described in Section 5.4.
5.3 Payment Processing
Payments are processed by Stripe (for USD transactions). By providing payment information, you authorize us to charge your payment method for all applicable fees. You represent that you are authorized to use the payment method provided.
5.4 Refunds
We do not provide refunds for partial billing periods or unused subscription time, except where required by applicable law. If you believe you were charged in error, contact legal@brahma.company within 30 days of the charge.
5.5 Price Changes
We reserve the right to change subscription prices. We will provide at least 30 days' advance notice of any price changes. Your continued use of the Service after a price change constitutes acceptance of the new pricing.
5.6 Past Due and Suspension
If payment fails, your account may be suspended or downgraded. We provide a grace period to resolve payment issues before restricting access. Accounts inactive or unpaid for extended periods may be terminated.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Upload or distribute harmful, offensive, defamatory, or illegal content
- Infringe the intellectual property rights of any third party
- Attempt to gain unauthorized access to the Service or its systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated scripts or bots to scrape, crawl, or interact with the Service without permission
- Transmit spam, malware, or any harmful code
- Misrepresent your identity or affiliation
We reserve the right to suspend or terminate accounts that violate these provisions, without prior notice.
7. User Content
7.1 Your Content
You retain ownership of all content you upload to the Service, including menu items, images, descriptions, and business information ("User Content").
7.2 License to Us
By uploading User Content, you grant Brahma Origins LLC a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit your User Content solely for the purpose of operating and providing the Service.
7.3 Content Standards
You represent and warrant that your User Content: (a) does not violate any law; (b) does not infringe third-party rights; (c) is accurate and not misleading; and (d) does not contain malicious code.
7.4 Removal of Content
We reserve the right to remove any User Content that violates these Terms or our policies, without notice.
8. Intellectual Property
The Menoir name, logo, platform design, software, and all related intellectual property are owned by Brahma Origins LLC or its licensors. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without prior written consent.
9. Third-Party Services
The Service integrates with third-party providers including AWS and Stripe. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.
10. Service Availability and Modifications
We strive to maintain high availability but do not guarantee uninterrupted access. We reserve the right to:
- Modify, suspend, or discontinue any part of the Service with reasonable notice
- Perform maintenance that may temporarily affect availability
- Update features and functionality at any time
We are not liable for any loss or inconvenience arising from service interruptions.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAHMA ORIGINS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
13. Indemnification
You agree to indemnify, defend, and hold harmless Brahma Origins LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Cleveland, Ohio, under the rules of the American Arbitration Association. Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
14.1 Class Action Waiver
Any arbitration shall be conducted on an individual basis only. You and Menoir agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by prominent notice on the platform at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.
16. Termination
We may suspend or terminate your access to the Service at our discretion for violation of these Terms, non-payment, or for any other reason with reasonable notice. Upon termination, your right to use the Service ceases immediately.
17. Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Brahma Origins LLC regarding the Service and supersede all prior agreements.
19. Force Majeure
Menoir shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond Menoir's reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, internet outages, natural disasters, or third-party service failures. Menoir will notify affected users and resume performance as soon as reasonably practicable.