Terms of Service

1. Agreement to Terms

By accessing or using SweetAsMenu (the "Service"), provided by Zestio Tech Limited ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users, including restaurant owners, staff members, and customers placing orders through the platform.

2. Service Description

SweetAsMenu is a restaurant management platform providing:

• Digital menu creation and management
• AI-powered menu translation
• AI-generated food imagery
• Online ordering system for customers
• Point of Sale (POS) system for staff
• Kitchen Display System (KDS)
• Order and payment management
• Analytics and reporting

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into contracts to create an account. By registering, you represent that you have the authority to bind your business to these Terms.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Managing staff access and PIN codes
• Notifying us immediately of any unauthorized access

4. Subscription Plans and Fees

4.1 Plans

We offer multiple subscription tiers with different features and limits. Current plans and pricing are displayed on our website. All prices are in New Zealand Dollars (NZD) and include GST where applicable.

4.2 Free Trial

New accounts may receive a free trial period. Trial limitations include restricted AI usage credits and menu item limits. No payment is required during the trial period.

4.3 Billing

• Subscriptions are billed monthly or annually in advance
• Payments are processed securely via Stripe
• You authorize us to charge your payment method on each billing date
• Failed payments may result in service suspension

4.4 Plan Changes

You may upgrade your plan at any time (prorated charges apply). Downgrades take effect at the next billing cycle. See ourRefund Policy for details.

5. AI-Powered Features

5.1 Usage Limits

AI features (translation, image generation, enhancement) are subject to usage limits based on your subscription plan. Limits reset monthly.

5.2 AI Output Disclaimer

AI-generated content is provided "as is". You are responsible for:

• Reviewing and verifying translation accuracy
• Ensuring generated images are appropriate for your use
• Complying with food advertising standards

5.3 Watermarking

AI-generated and enhanced images on Free, Starter, and Professional plans include a "SweetAsMenu" watermark. Enterprise plans receive watermark-free images.

6. User Content

6.1 Your Content

You retain ownership of content you upload (menus, logos, photos). By uploading content, you grant us a licence to use, display, and process it to provide the Service.

6.2 Content Standards

You agree not to upload content that:

• Infringes intellectual property rights
• Is false, misleading, or deceptive
• Violates NZ food safety or advertising laws
• Contains malware or harmful code
• Is offensive, discriminatory, or illegal

6.3 Content Removal

We reserve the right to remove content that violates these Terms without prior notice.

7. Orders and Payments (Restaurant Customers)

7.1 Order Processing

SweetAsMenu facilitates orders between customers and restaurants. The contract of sale is between the customer and the restaurant, not with Zestio Tech Limited.

7.2 Payment Processing

Payments are processed via Stripe. We do not store credit card numbers. Restaurants may apply a service fee for card payments as permitted by NZ law.

7.3 Disputes

Order disputes (refunds, complaints about food quality) should be directed to the restaurant. We may assist in facilitating communication but are not responsible for restaurant performance.

8. Restaurant Owner Responsibilities

As a restaurant owner using SweetAsMenu, you agree to:

• Maintain accurate menu information and pricing
• Fulfil customer orders in a timely manner
• Comply with NZ food safety regulations
• Display accurate GST information if registered
• Handle customer data in accordance with the Privacy Act 2020
• Respond to customer enquiries and complaints
• Ensure staff are properly trained on the POS system

9. Prohibited Uses

You may not use the Service to:

• Violate any New Zealand or international laws
• Commit fraud or money laundering
• Sell prohibited items (e.g., age-restricted goods without verification)
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to systems
• Scrape or harvest data from the platform
• Resell the Service without authorization
• Use AI features to generate misleading content

10. Intellectual Property

10.1 Our IP

The SweetAsMenu platform, including its design, code, features, and branding, is owned by Zestio Tech Limited and protected by intellectual property laws.

10.2 AI-Generated Content

You are granted a licence to use AI-generated images and translations for your restaurant business. This licence is non-transferable and limited to the duration of your subscription.

11. Disclaimers

11.1 Service Availability

The Service is provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation. We may perform maintenance that temporarily affects availability.

11.2 No Warranty

To the maximum extent permitted by NZ law (including the Consumer Guarantees Act), we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to fees paid in the 12 months before the claim
• We are not responsible for restaurant performance or food quality
• We are not liable for losses caused by third-party services (Stripe, Google, etc.)

Nothing in these Terms limits liability that cannot be excluded under NZ law, including under the Consumer Guarantees Act 1993.

13. Indemnification

You agree to indemnify and hold harmless Zestio Tech Limited from claims, damages, and expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

14. Termination

14.1 By You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.

14.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent activity
• Abuse AI features or exceed usage limits

14.3 Effect of Termination

Upon termination, your access to the Service will cease. You may request export of your data within 30 days of termination. We may retain certain data as required by law.

15. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. Any disputes will be resolved in the courts of New Zealand.

Before initiating legal proceedings, you agree to attempt resolution through good-faith negotiation or mediation.

16. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

17. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Zestio Tech Limited.
• Severability: If any provision is unenforceable, the remainder continues in effect.
• Waiver: Failure to enforce a provision does not waive future enforcement.
• Assignment: You may not assign these Terms without our consent.

18. Contact Us

For questions about these Terms: