Terms and Conditions of Service

1Definitions and parties

For the purposes of these Terms and Conditions:

• Platform or Service: the TocTocMenu SaaS service available at https://www.toctocmenu.it, which enables restaurateurs to create and publish digital menus, generate QR codes, run promotions and welcome customers through a dedicated public page.
• Provider: the owner of the Platform, reachable at support@toctocmenu.it.
• User: the individual or legal entity (typically a restaurant business or its legal representative) that registers on the Platform and subscribes to a plan.
• End Customer: the restaurant's customer who consults the digital menu published by the User.
• Content: any material — text, images, prices, allergens, photos, logos — uploaded by the User to the Platform.

Registration of an account and subscription activation constitute full acceptance of these Terms.

2Object of the service

The Provider offers the User, on a software-as-a-service basis, the tools to:

• build structured digital menus with categories, dishes, prices, bilingual descriptions, ingredients and allergens;
• upload menus in PDF or image format;
• generate static QR codes to display on tables, storefronts or promotional materials;
• publish a customized restaurant page with hours, contacts, photos and social links;
• manage promotions and events with visibility windows;
• use a visual editor to customize the graphical appearance of the menu.

The Service is offered "as is" and may be extended or modified over time. New features will be made available at no extra cost unless otherwise communicated.

3Registration and account

To use the Service the User must create an account providing accurate, up-to-date and complete data (restaurant name, email address, username, password). The User declares to be of legal age and to have the legal capacity to enter into a binding contract.

Login credentials are personal. The User must safeguard them and immediately notify the Provider of any unauthorized use of their account.

Registration is also available through Google OAuth. In that case the User authorizes the Platform to access the minimum data (email, name) needed to complete the profile.

4Subscription and payments

Access to the Pro features of the Platform requires a paid subscription. The following plans are currently available:

• Monthly plan: €9.90 VAT included, valid for 30 days from the activation date;
• Annual plan: €99.00 VAT included, valid for 365 days from the activation date.

Prices are stated in Euros and may be modified for the future with at least 30 days' notice communicated by email or through the Platform.

Payments are processed exclusively through PayPal. The Provider does not store or process the User's credit card data, which remains under the control of PayPal and the payment networks.

Electronic invoicing is issued upon request from the User, who must provide the required tax data (VAT number or fiscal code, recipient code or PEC).

5Renewal, cancellation and withdrawal

Subscriptions are manually renewed: at the end of the paid period the Service is not automatically charged again. The User may choose whether to renew by purchasing a new period through the "Renew now" button in the profile.

The User may cancel the subscription at any time from their profile area. Cancellation stops renewal reminders but does not entitle the User to a refund of the period already paid, except as required by consumer protection law.

Right of withdrawal (art. 52 et seq. of the Italian Consumer Code). If the User acts as a consumer, they are entitled to withdraw from the contract within 14 days of payment, unless they have expressly requested and substantially used the Service before that term expires. Withdrawal requests must be sent by email to support@toctocmenu.it.

6"Refer a friend" program

Every User with an active subscription receives a unique personal code they can share with third parties. The program grants a discount both to the User who shares the code and to the new User who enters it at signup, according to the following rules:

Discount for the code owner (the referrer):

• The code can be used by a maximum of 10 new users per annual cycle.
• Each new user who registers to the Platform with the code and activates a subscription (monthly or annual) earns the code owner a 10% discount to be applied to the following annual renewal.
• Discounts accrued by the code owner are stackable up to 100%. They do not give the right to any monetary refund.
• The code owner's discount does not apply to monthly renewals or to the first purchase.
• Upon annual renewal, the accrued discounts are consumed and the counter is reset. The cycle also resets automatically 365 days after opening.

Discount for the User entering the code (the invitee):

• A new User who enters a valid friend code at signup receives a 10% discount upon activation of the annual plan.
• The welcome discount is personal, cannot be combined with multiple codes and does not apply to the monthly plan or to subsequent renewals.
• If the new User first activates a monthly plan, the code is still considered consumed and the welcome discount will no longer be available in the future.
• The referrer's discount and the welcome discount can be combined with each other, always within the overall limit of 100% of the annual plan price.

General rules:

• Using one's own code, creating fake accounts or self-referral practices is not allowed. The Provider reserves the right to void accrued discounts and suspend the account in case of abuse.
• The Provider may modify or discontinue the program at any time with prior notice. Discounts already accrued at the time of the change will be honored.

7User content and license

The User remains the sole owner of the Content published on the Platform (menus, images, texts, logos). The User declares and warrants to hold all rights necessary for their publication and not to infringe third-party rights, in particular copyright, trademarks and image rights.

The User grants the Provider a non-exclusive, royalty-free license, limited to the duration of the contract, to host, store, reproduce, technically adapt and display the Content to End Customers, solely for the purpose of providing the Service.

The Provider may remove Content that is unlawful, defamatory, misleading, that infringes third-party rights or that does not comply with applicable food regulations (particularly the correct indication of allergens and ingredients).

8Fair use of the platform

The User must not:

• use the Platform for purposes other than promoting their own restaurant business;
• upload illegal, offensive, discriminatory, pornographic or otherwise off-topic content;
• attempt to access other users' accounts or restricted areas of the Platform;
• perform automated scraping, reverse engineering or stress testing without written authorization;
• resell access to the Service to third parties;
• use the Platform to send unsolicited commercial communications (spam).

9Service availability

The Provider undertakes to keep the Service accessible with the greatest possible continuity but does not guarantee uninterrupted operation. Maintenance windows, updates, technical faults, force majeure events or third-party dependencies (data centers, PayPal, network providers) may cause temporary interruptions.

Where possible, the Provider will announce scheduled maintenance in advance.

10Limitation of liability

To the maximum extent permitted by law, the Provider shall not be liable for indirect damages, lost profits, loss of customers or data arising from the use of or inability to use the Service.

In any case, the Provider's overall liability towards the User shall not exceed the amount actually paid by the User in the 12 months preceding the damaging event.

The User is solely responsible for the accuracy of the information published (prices, allergens, ingredients, availability) and for any consequences arising from errors therein. The Provider is not liable for End Customer complaints relating to the content of the menus or to the service provided by the restaurant.

11Personal data protection

The processing of personal data of the User and End Customers is governed by the Privacy Policy available at Privacy Policy and complies with Regulation (EU) 2016/679 (GDPR).

The Provider adopts reasonable technical and organizational measures to protect data against unauthorized access, loss or destruction.

12Changes to these terms

The Provider may amend these Terms at any time, for example to align them with regulatory changes, the evolution of the Service or its commercial policies. Changes will be communicated by email and/or through a notice within the Platform with at least 15 days' notice.

Continued use of the Service after the new terms take effect constitutes acceptance thereof. Users who do not wish to accept them may withdraw from the contract without penalty by giving notice before the effective date.

13Termination

The contract is deemed terminated:

• at the end of a subscription period that is not renewed;
• upon cancellation or withdrawal by the User;
• upon termination by the Provider for material breach of these Terms.

Upon termination, access to Pro features is deactivated. The User will still be able to access their account in demo mode for a reasonable period to export their data. After such period, the Provider reserves the right to delete inactive accounts following notice.

14Governing law and jurisdiction

These Terms are governed by Italian law. Any dispute arising out of these Terms or the Service shall be subject to the exclusive jurisdiction of the court of the place of residence or elected domicile of the User acting as a consumer. For professional Users, the court of the place where the Provider has its seat shall have exclusive jurisdiction.

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the User declares to have read and expressly accepted the clauses concerning: limitation of liability (art. 10), unilateral changes to the terms (art. 12), termination (art. 13) and jurisdiction (art. 14).

15Contact

For any communication regarding these Terms, the User may write to support@toctocmenu.it.