Terms and Conditions for Menu Buddy

Effective Date: May 15, 2026

These Terms and Conditions ("Terms") govern your use of the Menu Buddy mobile application ("Application") provided by Jerzy Frymark ("Service Provider") as a commercial service. By downloading or using the Application, you agree to these Terms. Please read them carefully. If you do not agree, do not use the Application.

IMPORTANT — PLEASE READ: SECTION 8 (DISCLAIMER OF WARRANTIES), SECTION 9 (LIMITATION OF LIABILITY), AND SECTION 11 (BINDING ARBITRATION AND CLASS ACTION WAIVER) CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION. BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE PROVISIONS.

1. Use of the Application

• The Application is provided "AS IS" for personal, non-commercial use to assist with restaurant menu interactions, including scanning menus and providing dietary recommendations.
• You must be at least 13 years old to use the Application.
• You agree not to use the Application for unlawful purposes, to harm others, or to interfere with its functionality (e.g., by jailbreaking or rooting your device, which may compromise security).
• You are responsible for maintaining the security of your device and account (if applicable) and ensuring the accuracy of data you input, such as dietary preferences or allergies.

2. Intellectual Property

• All content, trademarks, copyrights, and other intellectual property in the Application are owned by or licensed to the Service Provider.
• You may not copy, modify, distribute, extract source code, or create derivative works of the Application without prior written consent.

3. User Responsibilities

• You are responsible for verifying critical information (e.g., allergies, ingredients) with restaurant staff, as the Application’s AI relies on third-party data and may not always be accurate.
• You agree not to upload harmful or inappropriate content.
• You are responsible for any charges from your mobile provider, including data or roaming fees, incurred while using the Application. If you are not the bill payer, you confirm you have permission to use the device.
• Ensure your device remains charged and functional. The Service Provider is not liable if the Application is inaccessible due to device issues.

4. Third-Party Services

• The Application uses third-party services with their own Terms and Conditions:
  • Google Play Services
  • Google Analytics for Firebase
  • Firebase Crashlytics
  • RevenueCat
• The Service Provider is not responsible for the availability or performance of these services.

5. Subscription and Payments

• The Application offers free and paid plans. Details are available within the Application's upgrade screen.
• Payments are processed via third-party services (e.g., RevenueCat). You agree to their terms.
• Subscriptions may auto-renew unless canceled. Charges will be clearly communicated. Refunds are subject to the Service Provider’s policy and applicable laws.

6. Technical Requirements

• Some features require an active internet connection (Wi-Fi or mobile data). The Service Provider is not liable for reduced functionality due to connectivity issues or exhausted data allowances.
• The Application may require updates to remain compatible with your device’s operating system. You agree to install updates to continue using the Application.

7. Health, Allergy & Safety Disclaimer

• Not Medical Advice: Menu Buddy is an informational and entertainment tool. It is NOT a medical device and does NOT provide medical, nutritional, dietary, or health advice. The Application is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider or licensed dietitian for any medical condition, food allergy, or dietary concern.
• AI Limitations: The Application uses artificial intelligence to analyze menus and provide recommendations. AI output may be incomplete, outdated, inaccurate, or contain errors ("hallucinations"). Ingredient lists, allergen warnings, and nutritional information may be missing, wrong, or out of date.
• Verify With Restaurant Staff: You MUST always verify ingredients, allergens, cross- contamination risks, and preparation methods directly with restaurant staff before consuming any food, especially if you have food allergies, celiac disease, diabetes, or any other medical condition.
• Assumption of Risk: By using the Application, you knowingly and voluntarily assume all risks associated with your food choices, including but not limited to allergic reactions, anaphylaxis, food poisoning, food intolerances, cross-contamination, illness, injury, hospitalization, or death.
• No Liability for Health Outcomes: The Service Provider shall NOT be liable for any allergic reactions, anaphylaxis, food poisoning, intolerances, cross-contamination, illness, injury, death, or any other adverse health outcome resulting from food consumed based on, or related to, information provided by the Application.

8. Disclaimer of Warranties

The Application is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Service Provider expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and any warranties arising out of course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, the Service Provider makes no warranty that: (a) the Application will meet your requirements; (b) the Application will be uninterrupted, timely, secure, or error-free; (c) information obtained through the Application will be accurate, complete, or reliable; (d) the Application is safe for use by persons with food allergies, celiac disease, diabetes, or any other medical condition; or (e) any errors in the Application will be corrected. Any marketing material, blog post, or landing page describing the Application's usefulness for specific diets or allergies is informational only and does not create any warranty.

9. Limitation of Liability

• To the maximum extent permitted by applicable law, in no event shall the Service Provider be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, personal injury, emotional distress, or other intangible losses, arising out of or relating to your use of, or inability to use, the Application — even if the Service Provider has been advised of the possibility of such damages.
• Liability Cap: The Service Provider's total aggregate liability for all claims arising out of or relating to these Terms or your use of the Application shall not exceed the greater of (a) the amount you paid to the Service Provider for the Application in the twelve (12) months preceding the claim, or (b) USD $50. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if any limited remedy is found to have failed of its essential purpose.
• Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, liability is limited to the smallest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Service Provider and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Application; (b) your violation of these Terms; (c) your violation of any rights of a third party, including any restaurant or food provider; or (d) any health-related claim brought by you or on your behalf in connection with food consumed based on Application output.

11. Binding Arbitration and Class Action Waiver

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

• Informal Resolution: Before filing any claim, you agree to first contact the Service Provider at jurek@menubuddy.app and attempt in good faith to resolve the dispute informally for at least sixty (60) days.
• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Application that cannot be resolved informally shall be resolved by final and binding arbitration administered by JAMS under its applicable rules, rather than in court, except that you may assert claims in small-claims court if your claims qualify.
• Class Action Waiver: YOU AND THE SERVICE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
• Jury Trial Waiver: YOU AND THE SERVICE PROVIDER WAIVE ANY RIGHT TO A JURY TRIAL.
• Opt-Out: You may opt out of this arbitration agreement by sending written notice to jurek@menubuddy.app within thirty (30) days of first accepting these Terms.
• If any portion of this Section 11 is found unenforceable, the remainder shall remain in effect, except that if the Class Action Waiver is found unenforceable, then this entire Section 11 shall be void.

12. Copyright & DMCA Notice

If you believe content uploaded to or made available through the Application infringes your copyright, please send a notice meeting the requirements of the U.S. Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) to jurek@menubuddy.app. You represent that any menu images or content you upload do not infringe any third-party intellectual property rights and that you have all necessary rights to upload them.

13. Termination

The Service Provider may suspend or terminate your access to the Application for violating these Terms or for any reason, with or without notice. Upon termination, all rights and licenses granted to you will end, and you must cease using and delete the Application. You may stop using the Application at any time by uninstalling it. Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, and 17 shall survive any termination of these Terms.

14. Force Majeure

The Service Provider shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Severability & Waiver

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The failure of the Service Provider to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16. Changes to Terms

We may update these Terms periodically. Changes will be posted within the Application and on this page with an updated Effective Date. For material changes, we will request renewed acceptance within the Application. Continued use of the Application after the Effective Date constitutes acceptance of the updated Terms.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Subject to Section 11 (Binding Arbitration), any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts. If you are a consumer residing in the European Union, United Kingdom, or another jurisdiction whose mandatory consumer protection laws apply, nothing in these Terms deprives you of protections you are entitled to under those laws.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider regarding the Application and supersede all prior agreements and understandings.

19. Contact Us

For questions about these Terms, contact us at jurek@menubuddy.app.