Version 1.2 · Last updated: August 8, 2026

MenuXS Service Terms and Conditions

SaaS Agreement intended exclusively for restaurants, businesses, professionals, and entities using MenuXS for their operations.

Important. End-customer orders are concluded directly with the restaurant. MenuXS provides the technical platform and does not sell or prepare food products, does not determine prices and availability, and is not a party to the sales contract between the restaurant and the customer.

1. Parties and Acceptance

The MenuXS service is provided by 3SIGMA SOCIETÀ A RESPONSABILITÀ LIMITATA SEMPLIFICATA, abbreviated as 3Sigma s.r.l.s. a socio unico, with registered office at Via Antonio Viri 16, 00124 Rome (RM), Italy; Tax Code, Company Register Number, and VAT Number 12847171001; Rome Company Register; REA RM-1404631; share capital €500.00 fully subscribed and paid up (“Provider” or “MenuXS”). The entity creating a shop, activating a plan, or accepting these Terms (“Customer” or “Merchant”) declares to be acting for professional purposes and to have sufficient powers to bind the indicated organization.

The contract is concluded when the Customer selects the acceptance box and activates the account or plan. The accepted version, date, user, and organization must be recorded by MenuXS. The Privacy Policy and Data Processing Agreement are referenced, but the privacy notice does not constitute general consent to processing.

2. Service

MenuXS provides, according to the chosen plan, tools to create and publish digital menus, generate QR codes, receive and manage orders, administer customers and staff, configure payments and notifications, and consult statistics.

Functions, limits, and prices published on the plan page are part of the offer. MenuXS may evolve the service without materially reducing its essential functions during the already paid period. Beta, AI, or preview functions may be modified or withdrawn and are indicated as such.

3. Account and Security

The Customer provides correct data and keeps contact and billing information updated.
Owners and administrators assign roles only to authorized persons and promptly remove unnecessary access.
Credentials, OTPs, tokens, and access links are personal and must not be shared.
The Customer promptly informs MenuXS of unauthorized access or compromises.
Actions performed by authorized users are attributable to the Customer, except for non-waivable liabilities of the Provider.

4. Trial, Plans, Billing, and Renewal

The B2B SaaS subscription is monthly and paid via Stripe Subscription/Stripe Billing. It has no minimum duration and automatically renews each month until renewal is deactivated.

The Customer may deactivate the automatic renewal of the subscription at any time. Deactivation prevents charges for subsequent periods but does not interrupt the already paid subscription period, which will remain usable until its expiration. Except as mandatorily provided by law or in case of erroneous or duplicate charges attributable to the Provider, amounts already paid are non-refundable and non-pro-ratable.

In case of failed payment, MenuXS may apply a grace period and then limit publication, orders, or premium functions. Reasonable notice is given before definitive suspension, except in cases of fraud, security risk, or legal obligation.

The definitive economic conditions must match those at Stripe checkout and the pricing page at the time of contract publication.

5. Order Payments

When the Merchant connects Stripe or another provider, they also enter into the respective agreement and remain responsible for account verification, chargebacks, refunds, taxation, and payment compliance. MenuXS may transmit technical instructions and transaction status but does not store complete card data.

Any payment provider fees are separate from the MenuXS fee. The Merchant decides on refund and order cancellation policies and must communicate them to end customers.

6. Merchant Obligations Towards End Customers

The Merchant is solely responsible for:

the identity, contact details, licenses, authorizations, and mandatory information of the business;
the accuracy of products, ingredients, allergens, prices, taxes, availability, opening hours, and delivery costs;
the preparation, quality, safety, packaging, delivery, and support for orders;
issuing fiscal documents and compliance with food, consumer, and e-commerce regulations;
their own privacy policy and legal bases for customers, marketing, and order retention;
managing cancellations, complaints, refunds, and the law applicable to the customer relationship.

7. Content and License

The Merchant retains rights to menus, trademarks, texts, images, and uploaded data. They grant MenuXS a non-exclusive, worldwide, and limited-to-service-duration license to host, reproduce, technically adapt, and display such content solely to provide, protect, and improve the service as per the contract.

The Merchant warrants they have the necessary rights and will not upload illegal, deceptive, harmful content, malware, or unnecessary personal data. MenuXS may remove manifestly unlawful or risky content, informing the Merchant when permitted.

8. Permitted Use

It is prohibited to circumvent plan limits, interfere with the service, attempt unauthorized access, engage in abusive scraping, resell accounts without authorization, use the service for fraud, or send unlawful communications. Security testing requires written authorization and adherence to the disclosure policy.

9. MenuXS Intellectual Property

MenuXS software, interfaces, documentation, trademarks, and materials belong to the Provider or its licensors. The contract grants a limited, non-exclusive, non-transferable, and revocable right to use the service during its validity. Reverse engineering, copying, or creating derivative services is not permitted except as mandatorily allowed by law.

10. Availability, Support, and Modifications

MenuXS takes reasonable measures for continuity and security but does not guarantee absolute absence of interruptions. Scheduled maintenance is communicated when reasonable. Any specific SLAs are valid only if included in the plan or in a written agreement.

Support is provided through the published channels and during published hours. The Merchant must cooperate by providing reproducible information without sharing secrets or exceeding data requirements.

11. Data Protection — Appointment ex Art. 28 GDPR

For personal data of end customers, orders, and contacts uploaded or generated by the Merchant, the latter acts as data controller and appoints 3Sigma s.r.l.s. as data processor for the duration of the service. MenuXS processes data solely to provide, protect, assist, and maintain the platform according to documented instructions, except for legal obligations.

11.1 Subject Matter and Categories

Subject matter: hosting and management of menus, orders, customers, notifications, and support. Data subjects: end customers, prospects, staff, and contacts of the Merchant. Data: identifiers, contact details, addresses, order data, preferences, technical logs, and payment identifiers; any notes may contain special categories of data that the Merchant must minimize.

11.2 Processor's Commitments

ensure the confidentiality of authorized persons;
adopt technical and organizational measures appropriate to the risk;
assist the Merchant with rights, security, data breaches, DPIAs, and consultations;
notify the Merchant of breaches concerning their data without undue delay;
make available information necessary to demonstrate compliance and allow reasonable, coordinated audits that do not harm other customers;
delete or return data upon termination, except for retention required by law and technical backup cycles;
inform the Merchant if an instruction appears to violate the regulations.

11.3 Sub-processors and Transfers

The Merchant grants general authorization for the use of sub-processors for infrastructure, storage, messaging, payment, support, and technical services. MenuXS maintains an updated public list and communicates the introduction of new sub-processors with at least 30 days' notice, except for urgent replacements necessary for security or continuity. The Merchant may raise a reasoned objection regarding data protection. MenuXS imposes equivalent obligations and applies the required safeguards for transfers outside the EEA.

For AI import, the current configuration uses OpenRouter as an intermediary and imposes Zero Data Retention for every request. The default model is Google Gemini; PDF parsing may also involve Cloudflare or Mistral AI according to the actual configuration. MenuXS records for each job the model, actual provider, declared region, and parser, and may replace them for technical, qualitative, economic, security, or availability reasons in compliance with the DPA and applicable information obligations.

12. Confidentiality

Each party protects the other's confidential information with at least reasonable care and uses it only for the contract. Excluded are publicly known information without breach, already legitimately known, lawfully received from third parties, or independently developed. Mandatory disclosure is limited to what is necessary and, if permitted, preceded by notice.

13. Suspension and Termination

Deactivation of renewal takes effect at the end of the already paid monthly period. MenuXS may suspend for non-payment, security risk, material breach, unlawful use, or authority order. Except in emergencies, notice and an opportunity to remedy are given.

During the paid period, the Customer retains full access to the service and available export functions. After expiration, the account enters a suspended or read-only mode for 30 days, without new orders or operational processing, except for functions necessary for export and security. Data is then deleted or anonymized from active systems within a further 30 days, with a maximum ordinary term of 60 days from termination.

Data removed from active systems is deleted from backups through normal rotation within 90 days; backups are not restored for ordinary operational purposes and, in case of emergency restoration, deletions are reapplied. The Merchant may request early deletion in the DPA, waiving the export window, except for data that the Provider must retain as an independent controller for legal obligations, disputes, or defense.

14. Warranties and Liability

MenuXS provides a technological service and does not guarantee commercial results, order volume, or accuracy of the Merchant's content. Non-waivable warranties remain unaffected.

To the extent permitted by law and except for willful misconduct, gross negligence, breach of confidentiality, non-waivable privacy obligations, or intellectual property rights, the aggregate liability of each party arising from the service is limited to the fees paid or due by the Customer in the twelve months preceding the event. Indirect damages, loss of profit, or opportunities are excluded to the extent permitted by law.

This clause must be subject to specific approval where required by Articles 1341 and 1342 of the Italian Civil Code and validated against the actual adhesion process.

15. Indemnification

The Merchant indemnifies MenuXS from third-party claims arising from the Merchant's content, products, allergens, order fulfillment, unlawful use, or breach of obligations, unless the claim arises from MenuXS's non-performance. The affected party promptly informs the other and allows reasonable defense.

16. Contract Modifications

Substantial modifications are communicated with at least 30 days' notice, except for legal or security emergencies. If they materially affect the service, the Customer may terminate before they take effect. Mere continuation does not substitute new acceptance when the law or the nature of the modification requires it.

17. Communications

Operational communications may be sent to the owner's email or displayed in the dashboard. The Customer must maintain a valid contact address. Privacy communications: privacy@menuxs.io; Certified Email (PEC): 3sigma@pec.it.

18. Applicable Law and Jurisdiction

The contract is governed by Italian law. For B2B disputes, the Court of Rome has exclusive jurisdiction, except for non-waivable jurisdictions. The parties will first attempt a good-faith amicable solution.

19. Final Provisions

Failure to exercise a right does not constitute a waiver. The invalidity of a clause does not affect the others. The Customer may not assign the contract without consent, except for business transfer; MenuXS may assign it as part of a reorganization, ensuring continuity of obligations. The Terms, Order/Plan, Privacy Policy, and DPA constitute the agreement relating to the service.

20. Specific Approval

In the B2B subscription flow, specific approval must be provided, if applicable, for clauses on automatic renewal, suspension, limitations, liability, indemnification, modifications, assignment, and competent jurisdiction, with registration of the accepted version.