SoftCafe iMenuPro

Last updated April 16, 2018

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 consent to these terms, you cannot 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 in US dollars. 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, Privacy, and Registration Data Rights

To access iMenuPro you will be required to sign up for an account and provide a password to secure the account. 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 personal signup data or any other personally identifiable information or data, 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 Stripe for payment processing. Stripe encrypts your credit card information in their database and is PCI and GDPR 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

SoftCafe encrypts your password in our database for security. It is your sole responsibility to maintain the confidentiality of your password and account. If you forget your password we will send a secure link to your email address 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.

Subscription Service

You will receive access to iMenuPro on a monthly subscription fee basis. The term will renew automatically and continuously until canceled. We reserve the right to raise or lower the price of the service from time to time. However, we will not raise the monthly fee for your subscription 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 Demo

Access to an iMenuPro 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 demo does not collect signup or payment information, we cannot guarantee under all circumstances that data entered or menus created during use of the demo 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 demo page, your data entered and menu created during use of the demo will be transferred to your account at signup.

Warranties and Disclaimers

The iMenuPro service is provided by SoftCafe, LLC 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 canceling your subscription. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription 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 Subscription link and follow the instructions.

Additionally, if your payment method is declined over several days of repeated attempts, your subscription will be automatically canceled.

Once your subscription is canceled you will lose access rights to that account, and 60 days later your menu content data will be permanently removed from our servers unless your subscription was more than 6 months old. Your personal signup data will be retained with the intent of enabling you to reinstate your subscription to access your prior menu content, if it still exists, at a later date. If you wish to forgo this option and want to have your personal data permanently removed from our database, you should notify us at our company contact page and request that we do so.

If you reinstate your subscription by re-subscribing with the same personal signup information (email address and password), your prior menu content data will be accessible if 60 days have not passed since canceling, or if your subscription was more than 6 months old.

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.

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 demo, SoftCafe does not offer refunds for the iMenuPro service, including refunds for partially used terms. If not satisfied for any reason, you may cancel your subscription 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.

Children and Minors

The iMenuPro service is not intended for use by minors under the age of 13. We do not knowingly solicit any information from such minors. If you are a parent or legal guardian who discovers that your child has provided us with information without your consent, you may notify us at our company contact page and request that we permanently remove such information from our database.

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.

International Users

If you are located outside of the United States, please note that the iMenuPro service is hosted in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of this service or your submission of any personal information to us will constitute your consent to the transfer of your personal information outside of your home country, including the United States, which may provide for different data protection rules than in your country.

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.