SoftCafe iMenuPro

Last updated March 15, 2016

Terms of Service

General

Please read this entire page carefully, as signing up for (subscribing) and using iMenuPro means accepting these terms. If you do not agree to these term, do not use iMenuPro. These terms may have changed since your last visit to this website and/or your last use of iMenuPro. By using iMenuPro you indicate acceptance of any updates to these terms and conditions.

iMenuPro, a service of SoftCafe, LLC is provided to you at $15/month. We expect this product and the services offered by this product will change over time. In particular, we will make feature changes and/or add advanced user options or add-ons that may only be available for additional fees. Your right to use this product is limited in scope, revocable, personal, non-transferable and non-exclusive.

Breach of Terms

If you violate any of these terms your account will be terminated. We may immediately deactivate your account and prevent access to all of your data without prior notice or liability to you.

Signup, Registration Data, and Privacy

To access iMenPro you will be required to sign up for an account and password. For payment, you must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. SoftCafe does not sell, trade, or otherwise transfer to outside parties your sign up data or any personally identifiable information, with the exception of when we believe the release is necessary to comply with the law. We may occasionally contact you via email with product updates that we feel will improve your experience with iMenuPro. These emails will always include a prominent, and effective, unsubscribe link.

Credit Card Information

No one at SoftCafe can see your credit card information. We use the secure Stripe payment service. Stripe encrypts your credit card information in their database and is PCI compliant, so you can feel good about how they secure your information. Stripe provides to us the last 4 digits of your credit card only so you can later identify which credit card you are using within our service.

Security and Password

It is your sole responsibility to maintain the confidentiality of your password and account. If you forget your password we will send you a link so you can reset it.

Your Content and Code of Conduct

You are responsible for all content posted and activity that occurs under your account. This means that you need to ensure that all of the content posted using iMenuPro complies with all applicable laws and regulations, including (but not limited to) U.S. copyright law. SoftCafe does not pre-screen content to ensure compliance, but we do have the right (but not the obligation) to refuse or remove any content that is available via the iMenuPro service, at our sole discretion.

If you upload images or fonts to be used with the iMenuPro service, you must either own the font(s) or image(s) or have the rights to use them for your intended purpose.

You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or make available any material that contains software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware equipment or interfere with or disrupt the iMenuPro service.

You may not redistribute or post any graphic image from this site or service on any electronic bulletin board, put these images in a down-loadable or retrievable format, or resell these images. Using a graphic image from this site in such a manner is a violation of Federal copyright law.

Services

You will receive access to iMenuPro on a monthly fee basis. The term will renew automatically and continuously until canceled by you. We reserve the right to raise or lower the price of the service from time to time. However, we will not change the monthly fee for your account without permission from you first.

Currency Conversion

You will be charged in US currency. If your bank is not in the United States, it may then add up to two types of additional charges:

  1. A conversion fee to exchange the payment from US currency to your local currency.
  2. A “foreign transaction” fee because your bank is located in a country other than where SoftCafe is located.

This is up to your bank, so the exact behavior might vary.

Subscription fees are listed in the United States Dollar. Any other currency rates that may be displayed are for information purposes only and are subject to change without notice. SoftCafe cannot guarantee the accuracy of other currency rates displayed.

Free Trial and Demo Data

Access to an iMenuPro trial demo, that you may freely use without signing up for the iMenuPro service, may be available from this website at no charge. But since the trial demo does not collect sign up or payment information, we cannot guarantee under all circumstances that data entered or menus created during use of the trial will be transferred to your account if you sign up for the iMenuPro service. In most cases however, if you sign up for the iMenuPro service directly from the trial page, your data entered and menu created during the trial will be transferred to your account at sign up.

Warranties and Disclaimers

The iMenuPro service is provided by SoftCafe on an "as is" and "as available" basis. We do not guarantee and are not liable for any failure to access or store your data on iMenuPro at any time. Like all cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

Without limiting the foregoing, we make no warranty that:

  1. The service will meet your specific requirements
  2. The service will be uninterrupted, timely, secure, error-free, or data-loss free
  3. The results that may be obtained from the use of the service will be effective, accurate, or reliable
  4. The quality of the service or materials purchased by you will meet your expectations or be free from mistakes, errors, or defects
  5. Any errors or defects in the service will be corrected

The iMenuPro service could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services, at any time without notice. The iMenuPro service and SoftCafe materials may be out of date, and we make no commitment to update such materials or services.

The use of the iMenuPro service, SoftCafe materials, or any other materials through this site is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging in and clicking on Your Account at the top-right of the screen. Once in your Account Settings, click the Cancel and Close Account link and follow the instructions.

If you close or cancel your account SoftCafe iMenuPro will not maintain your content and it will eventually be removed from our servers. If you cancel before the end of your current paid up month, you are charged for the current month, but you will not be charged again. Once you cancel, termination takes effect immediately and you will no longer be able to access your iMenuPro account or data.

SoftCafe may, at our sole discretion, terminate or suspend your access to all or part of iMenuPro without prior notice or liability to you.

Refunds

Since we offer a free trial demo, SoftCafe does not offer refunds for the iMenuPro service. If not satisfied for any reason, you may cancel your account to avoid charges for the next month.

Term

This Agreement shall commence on the date you first use the iMenuPro service. Notwithstanding the foregoing, SoftCafe may stop, temporarily or permanently, providing the iMenuPro service or any features within iMenuPro, to you or users generally and may not be able to provide you with prior notice. We retain the right to create limits on access and expiry of our service at our sole discretion at any time without prior notice.

Governing Law and Jurisdiction

The iMenuPro service is controlled by us from our offices within the state of Maryland, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Maryland, by accessing iMenuPro you agree that all matters related to the use of iMenuPro shall be governed by the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles thereof.

You also agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Maryland with respect to such matters.

Miscellaneous

These terms constitute the entire agreement between you and SoftCafe with respect to your access and use of iMenuPro, superseding any prior agreements between us (including any prior versions of these terms). The failure of SoftCafe to enforce or exercise any right or provision of these terms of service shall not constitute a waiver of that right or provision.