Big Menu

Terms of Service

Effective Date: November 20, 2024

Last Updated: November 20, 2024

1. Acceptance of Terms

By downloading, installing, or using the Big Menu mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Big Menu ("we," "us," or "our"). We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.

2. Description of Service

Big Menu is a mobile application that provides menu translation and currency conversion services. The App allows users to:

  • Scan restaurant menu photos using their device camera or photo library
  • Receive AI-powered translations of menu content
  • View currency conversions of menu prices
  • Save menu history with optional location data
  • Access previously translated menus

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that:

  • You are at least 13 years of age
  • You have the right, authority, and capacity to enter into these Terms
  • You will comply with all applicable laws and regulations

If you are under 18, you must have your parent or legal guardian's permission to use the App and agree to these Terms.

4. Subscription Terms

4.1 Free Trial

New users receive one complimentary menu scan to try the service. After using your free scan, a subscription is required for continued access.

4.2 Subscription Plans

Big Menu offers auto-renewing subscription plans for unlimited access to the service. Subscription details, including pricing and duration, are displayed in the App at the time of purchase.

4.3 Billing

  • Subscriptions are billed through your Apple ID account
  • Payment is charged to your Apple ID at confirmation of purchase
  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours before the end of the current period
  • You can manage subscriptions and turn off auto-renewal in your Apple ID Account Settings

4.4 Cancellation

You may cancel your subscription at any time through your Apple ID Account Settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.

4.5 Refunds

All purchases are processed through Apple's App Store. Refund requests must be submitted to Apple. We do not have access to or control over Apple's refund process. See Apple's refund policy for details.

4.6 Usage Limits

Subscribers are subject to fair usage limits, including daily scan limits, to ensure service quality for all users. Limits are designed to accommodate typical travel and dining use. Excessive or abusive use may result in temporary restrictions or account suspension.

5. User Accounts and Data

5.1 Account Creation

No account registration is required to use Big Menu. Your subscription is tied to your Apple ID and managed through RevenueCat.

5.2 User Content

You retain all rights to menu photos you upload to the App. By uploading photos, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Store and process your photos to provide translation services
  • Use uploaded content to improve our AI translation models
  • Display your photos back to you in your menu history

This license terminates when you delete a menu from your history.

5.3 Content Restrictions

You agree NOT to upload photos that:

  • Violate any laws or regulations
  • Infringe on intellectual property rights of others
  • Contain offensive, inappropriate, or harmful content
  • Compromise the privacy of others without consent

5.4 Data Deletion

You may delete individual menus at any time by swiping left in your History. To delete all data, contact support at bluespiderlily6@gmail.com. We will delete your data within 30 days of your request.

6. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the App in any way that violates applicable laws or regulations
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Use automated systems or bots to access the service
  • Attempt to gain unauthorized access to our servers or networks
  • Interfere with or disrupt the App or servers
  • Upload malicious code, viruses, or harmful content
  • Use the service for commercial purposes without permission
  • Resell, redistribute, or sublicense access to the App
  • Abuse free trial or subscription features

7. Translation Accuracy Disclaimer

IMPORTANT: Big Menu uses AI-powered translation technology. While we strive for accuracy:

  • Translations may not always be 100% accurate
  • Cultural context, idioms, and regional variations may not translate perfectly
  • Menu formatting, handwriting, or image quality may affect accuracy
  • Currency conversions use current exchange rates but may not reflect actual restaurant pricing

We are not responsible for:

  • Mistranslations or inaccurate conversions
  • Dietary restrictions or allergen information accuracy
  • Food ordering mistakes based on translations
  • Any consequences resulting from reliance on translations

Always verify important information with restaurant staff, especially regarding allergies or dietary restrictions.

8. Intellectual Property

The App, including all content, features, functionality, and design, is owned by Big Menu and protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.

You may not:

  • Copy, modify, or create derivative works of the App
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our branding or trademarks without written permission

9. Third-Party Services

The App integrates with third-party services, including:

  • Apple App Store: For distribution and payment processing
  • RevenueCat: For subscription management
  • Amazon Web Services: For data storage

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or policies of third-party services.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

  • Uninterrupted or error-free service
  • That defects will be corrected
  • That the App is free of viruses or harmful components
  • The accuracy, reliability, or completeness of translations

10.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIG MENU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or business opportunities
  • Service interruptions or delays
  • Translation errors or inaccuracies
  • Food allergies or dietary issues resulting from mistranslations
  • Any damages arising from use or inability to use the App

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.4 Jurisdiction-Specific Rights

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Big Menu and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Content you upload to the App

12. Termination

We may suspend or terminate your access to the App at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of subscription fees
  • Any reason at our sole discretion

Upon termination:

  • Your right to use the App immediately ceases
  • Your subscription will be cancelled (no refund for unused time)
  • We may delete your data from our servers

Sections of these Terms that by their nature should survive termination will continue to apply, including intellectual property rights, disclaimers, and limitations of liability.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the App, you consent to our privacy practices as described in the Privacy Policy.

14. Changes to the Service

We reserve the right to:

  • Modify or discontinue the App or any features at any time
  • Change subscription pricing with 30 days' notice to existing subscribers
  • Update these Terms as needed

Material changes will be communicated through in-app notifications or email. Continued use after changes constitutes acceptance.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Big Menu operates, without regard to conflict of law principles.

15.2 Dispute Resolution

For any disputes arising from these Terms or your use of the App:

  • Contact us first at bluespiderlily6@gmail.com to attempt informal resolution
  • If informal resolution fails, disputes will be resolved through binding arbitration
  • You waive the right to participate in class actions or class arbitrations

15.3 Exceptions

Either party may bring a claim in small claims court for disputes within that court's jurisdiction. We may also seek injunctive relief in court for intellectual property infringement.

16. Apple-Specific Terms

These additional terms apply to your use of the App on iOS devices:

  • These Terms are between you and Big Menu only, not with Apple
  • Apple has no obligation to provide support for the App
  • Apple is not responsible for the App or its content
  • Apple is not responsible for addressing claims related to the App
  • In the event of third-party claims that the App infringes intellectual property rights, Big Menu (not Apple) is responsible for investigation and defense
  • Apple and its subsidiaries are third-party beneficiaries of these Terms
  • You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Big Menu regarding the App.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service disruptions.

18. Contact Information

For questions about these Terms or the App, please contact us:

Email: bluespiderlily6@gmail.com

We will respond to inquiries within 5 business days.

19. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.