Terms of Service

Last updated: March 1, 2025

Welcome to MenuPOS. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Qubelex Private Limited ("Qubelex," "Company," "we," "us," "our"), a company incorporated under the laws of India, governing your access to and use of the MenuPOS mobile application, website, cloud services, and all related products, features, and content (collectively, the "Service"). Please read these Terms carefully before accessing or using the Service. By downloading, installing, registering for, or otherwise using MenuPOS, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, downloading, installing, or using the MenuPOS application or any associated services, you expressly agree to be bound by these Terms of Service, our Privacy Policy, our Acceptable Use Policy, and all other policies and guidelines incorporated herein by reference. If you do not agree to any part of these Terms, you must immediately cease all use of the Service and delete the application from your devices.

These Terms apply to all users of the Service, including business owners, staff members who have been invited to join a business account, and any other individuals who access or interact with MenuPOS in any capacity. Your continued use of the Service following any modifications to these Terms constitutes your acceptance of those changes.

We encourage you to review these Terms periodically to stay informed of any updates. We will notify you of material changes through in-app notifications, email communications, or by posting a prominent notice on our website. However, it remains your responsibility to review these Terms regularly. Your continued use of the Service after any changes take effect shall constitute your consent to such changes.

2. Eligibility

To use MenuPOS, you must meet the following eligibility requirements:

Age Requirement: You must be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
Business Use: MenuPOS is designed for use by food service businesses, including but not limited to restaurants, cafes, bakeries, food trucks, cloud kitchens, bars, and similar establishments. While a valid business registration (such as GST registration, FSSAI license, or Shop and Establishment license) is recommended, it is not mandatory for creating an account. However, certain features such as GST-compliant invoicing may require valid registration details.
Geographic Focus: MenuPOS is primarily designed for businesses operating in India. The Service supports Indian tax regulations (GST), Indian payment gateways (Razorpay), and Indian currency (INR). While users from other jurisdictions may access the Service, we do not guarantee compatibility with foreign tax laws, payment systems, or regulatory requirements. Users outside India use the Service at their own risk and are solely responsible for ensuring compliance with their local laws.
Authority: If you are using MenuPOS on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. The individual accepting these Terms on behalf of a business entity will be personally responsible for any violations of these Terms.

3. Account Registration

To access the full functionality of MenuPOS, you must create an account by providing certain registration information. You agree to the following:

Accurate Information: You must provide accurate, current, and complete information during the registration process, including your full name, phone number, email address, and business details. You agree to promptly update your information if it changes. Providing false, misleading, or outdated information may result in the suspension or termination of your account.
One Account Per Person: Each individual may create and maintain only one personal user account. Creating multiple accounts to circumvent plan limitations, abuse promotions, or for any other deceptive purpose is strictly prohibited and may result in the termination of all associated accounts.
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password, authentication tokens, and any other security measures associated with your account. You agree to immediately notify us at support@menupos.in if you become aware of any unauthorized access to or use of your account. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
MP Number: Upon successful account creation, you will be assigned a unique MenuPOS identification number ("MP Number"). This MP Number is a permanent, non-transferable identifier linked to your account. It is used for support interactions, account identification, and internal reference purposes. You may not transfer, sell, or assign your MP Number to another individual or entity.
Staff Accounts: Business owners may invite staff members to join their business account through an invite code system. The business owner is responsible for the actions of all staff members operating under their business account. Staff permissions are configurable and should be set appropriately by the business owner. Revoking a staff member's access is the business owner's responsibility.

4. Subscription Plans and Payments

MenuPOS offers multiple subscription tiers designed to serve businesses of varying sizes and requirements. The current plans are:

Free Plan: A no-cost plan with limited features and usage caps, designed for small businesses to get started with MenuPOS without financial commitment.
Starter Plan: A paid plan offering expanded features, higher usage limits, and additional customization options suitable for growing businesses.
Pro Plan: A comprehensive plan with advanced features including detailed analytics, multi-business support, priority support, and higher limits on all features.
Pro Plus Plan: Our premium tier offering the highest limits, all features unlocked, dedicated support, and the maximum number of business accounts.

Detailed information about the features, limitations, and pricing of each plan is available in the app. By subscribing to a paid plan, you agree to the following payment terms:

4.1 Payment Processing

All payments for MenuPOS subscription plans are processed through Razorpay, a third-party payment gateway regulated by the Reserve Bank of India. By making a payment, you also agree to Razorpay's terms of service and privacy policy. We do not store your full credit card, debit card, or bank account details on our servers. All payment information is handled securely by Razorpay in accordance with PCI-DSS compliance standards.

4.2 Billing Cycles

Paid subscriptions are available on monthly and annual billing cycles. Annual plans offer a discounted rate compared to monthly billing. Your subscription period begins on the date of your first successful payment and renews automatically at the end of each billing cycle unless cancelled before the renewal date.

4.3 Auto-Renewal

All paid subscriptions are set to auto-renew by default. Your subscription will automatically renew at the end of each billing period, and the applicable subscription fee will be charged to your payment method on file. If you wish to cancel auto-renewal, you must do so before the end of the current billing period through the app's subscription management screen. If you cancel, your subscription will remain active until the end of the current paid period, after which your account will revert to the Free Plan.

4.4 Price Changes

We reserve the right to modify our subscription pricing at any time. Any price changes will take effect at the start of your next billing cycle following a minimum of 30 days' written notice via email or in-app notification. If you do not agree with the new pricing, you may cancel your subscription before the new pricing takes effect. Your continued subscription after the price change constitutes your acceptance of the new pricing. Price changes will not apply retroactively to the current billing period.

4.5 Taxes

All prices listed on our website and within the application are exclusive of applicable taxes unless explicitly stated otherwise. Goods and Services Tax (GST) and any other applicable taxes will be added to your subscription fees as required by Indian law. You are responsible for any taxes imposed on your purchase, including but not limited to GST, service tax, or withholding tax, depending on your jurisdiction.

4.6 Failed Payments

If a payment fails due to insufficient funds, expired card, or any other reason, we may attempt to process the payment again. If the payment continues to fail, your subscription may be suspended or downgraded to the Free Plan. We are not responsible for any service interruptions caused by payment failures. You are responsible for ensuring that your payment method on file is valid and has sufficient funds.

5. Free Plan Limitations

The MenuPOS Free Plan is provided at no cost to allow small businesses and prospective users to explore the core features of the Service. However, the Free Plan is subject to significant limitations, including but not limited to:

Menu Items: The number of active menu items you can create and manage is limited to a maximum threshold as defined on our Pricing page. If you exceed this limit, you will need to upgrade to a paid plan to add additional items.
Staff Members: The Free Plan restricts the number of staff members who can be invited to your business account. Typically, this is limited to a single user (the business owner).
Feature Restrictions: Certain advanced features, including but not limited to detailed analytics reports, multiple business accounts, priority support, WhatsApp support, and advanced customization options, may be unavailable on the Free Plan.
Tax Profiles: The number of tax profiles you can create may be limited on the Free Plan.
Business Accounts: Free Plan users are limited to a single business account and cannot create or manage multiple businesses.

We reserve the right to modify, expand, or reduce the features and limits of the Free Plan at any time without prior notice. The Free Plan is provided "as is" and does not come with any service level guarantees. We may discontinue the Free Plan entirely at our sole discretion, in which case we will provide reasonable notice to affected users.

6. Prohibited Uses

You agree not to use MenuPOS for any purpose that is unlawful, harmful, or otherwise objectionable. The following activities are strictly prohibited:

Illegal Activity: Using the Service to facilitate, promote, or engage in any activity that violates applicable local, state, national, or international laws or regulations, including but not limited to tax evasion, money laundering, fraud, or the sale of prohibited goods or substances.
Fraudulent Conduct: Submitting false, misleading, or fabricated business information, sales data, tax details, or any other information through the Service. Creating fake orders, inflating revenue figures, or manipulating any data within the system for fraudulent purposes.
Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, decode, or otherwise derive the source code of the MenuPOS application or any part of the Service. This includes any attempt to discover the underlying algorithms, data structures, or proprietary technology used in the Service.
Scraping and Data Extraction: Using automated tools, bots, scrapers, crawlers, or any other technology to extract, harvest, collect, or mine data from the Service, our website, or any associated systems without our explicit written permission.
Unauthorized Distribution: Copying, reproducing, distributing, sublicensing, reselling, or making available the MenuPOS application or any part of the Service to any third party without our express written authorization. This includes sharing your account credentials or subscription access with unauthorized users.
Abusive Behavior: Engaging in any conduct that harasses, threatens, intimidates, or bullies other users, our staff, support team members, or any other individuals through the Service or in connection with your use of the Service.
System Interference: Attempting to interfere with, disrupt, or compromise the integrity, security, or performance of the Service, its servers, networks, or any connected systems. This includes transmitting viruses, malware, worms, or any other malicious code.
Circumvention: Attempting to circumvent, disable, or interfere with any security features, access controls, usage limits, or plan restrictions of the Service, including using multiple accounts to bypass Free Plan limitations.
Impersonation: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity, including Qubelex, MenuPOS, or its employees.
Intellectual Property Violations: Uploading, posting, or transmitting any content that infringes upon the intellectual property rights of any third party, including copyrights, trademarks, trade secrets, or patents.

Violation of any of these prohibited uses may result in immediate suspension or termination of your account without prior notice and without refund. We reserve the right to report any illegal activities to the appropriate law enforcement authorities and to cooperate fully with any investigation.

7. Intellectual Property

The MenuPOS application, website, and all associated services, including but not limited to the software, source code, object code, user interface designs, graphics, icons, logos, trademarks, service marks, trade names, domain names, documentation, databases, and all other intellectual property (collectively, "MenuPOS IP"), are and shall remain the sole and exclusive property of Qubelex Private Limited or its licensors. All rights not expressly granted to you under these Terms are reserved by Qubelex.

Trademarks: "MenuPOS," the MenuPOS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Qubelex Private Limited or its affiliates. You may not use such marks without the prior written permission of Qubelex. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.
Copyright: All content displayed on or delivered through the Service, including text, graphics, photographs, images, illustrations, audio clips, video clips, and software, is protected by copyright laws and international copyright treaties. You may not reproduce, modify, distribute, display, perform, or create derivative works from any content without our prior written consent.
License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the MenuPOS application on your personal device(s) solely for your internal business purposes. This license does not convey any ownership interest in the Service and is subject to revocation at any time for any reason, with or without cause.
Restrictions: You may not (a) copy, modify, or distribute the Service or any content thereof; (b) create derivative works based on the Service; (c) sublicense, lease, lend, rent, or sell the Service or access thereto; (d) use the Service for the benefit of any third party; or (e) remove, alter, or obscure any proprietary notices, labels, or marks on the Service.

8. User Data and Content

MenuPOS enables you to input, upload, store, and manage various types of business data, including menu items, orders, customer information, sales records, staff details, and other content ("User Content"). The following terms apply to your User Content:

Ownership: You retain all ownership rights in and to your User Content. Nothing in these Terms shall be construed as transferring ownership of your User Content to Qubelex. Your business data, customer records, sales history, and all other information you input into MenuPOS remain your property.
License to Qubelex: By using the Service and submitting User Content, you grant Qubelex a worldwide, non-exclusive, royalty-free, fully paid-up license to use, process, store, reproduce, modify, and display your User Content solely as necessary to provide, maintain, improve, and protect the Service. This license includes the right to create anonymized and aggregated datasets derived from User Content for the purpose of improving our services, generating industry insights, and conducting research. This license terminates when you delete your User Content or your account, except for anonymized data that has already been aggregated.
Data Accuracy: You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all User Content. We do not verify the accuracy of business information, menu details, pricing, tax rates, or any other data you enter into the system. Any errors in your data, including incorrect tax calculations, wrong pricing, or inaccurate customer information, are entirely your responsibility.
Backup: While we employ commercially reasonable measures to protect and back up your data, we strongly recommend that you maintain independent backups of all critical business data. We shall not be liable for any loss, corruption, or destruction of User Content, regardless of the cause.
Data Portability: Subject to the terms of Section 12 (Termination), you may request an export of your data in a standard format. We will make reasonable efforts to facilitate data portability in compliance with applicable data protection laws.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUBELEX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

No Warranty of Availability: We do not warrant that the Service will be available at all times, uninterrupted, timely, secure, or error-free. The Service may be subject to scheduled and unscheduled downtime for maintenance, updates, server issues, or other reasons. We will make reasonable efforts to minimize disruptions but cannot guarantee continuous availability.
No Warranty of Accuracy: We do not warrant the accuracy, completeness, reliability, or suitability of the Service or any data, reports, calculations, or outputs generated by the Service. Any reliance you place on such information is strictly at your own risk.
Tax Compliance: While MenuPOS provides tools for GST calculation, tax profiles, and invoice generation, tax compliance is entirely the user's responsibility. We are not a tax advisory service, and we do not guarantee that our tax calculation features comply with the latest tax laws, rates, or regulations. You should consult a qualified tax professional or chartered accountant to ensure your business complies with all applicable tax obligations. Qubelex shall not be held liable for any tax penalties, fines, assessments, or liabilities arising from your use of the Service.
Third-Party Services: The Service may integrate with or rely upon third-party services, including but not limited to Razorpay (payment processing), Firebase (cloud infrastructure), and Google Play Store (distribution). We are not responsible for the availability, accuracy, performance, or practices of any third-party services. Your use of third-party services is subject to their respective terms and policies.
No Professional Advice: The Service is a business management tool and does not provide legal, financial, tax, or professional advice. Any information provided through the Service should not be construed as professional advice, and you should seek appropriate professional counsel for your specific business needs.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Cap on Liability: In no event shall Qubelex's total aggregate liability to you for all claims arising out of or relating to the use of the Service exceed the total amount of subscription fees actually paid by you to Qubelex during the twelve (12) months immediately preceding the event giving rise to the claim. If you are using the Free Plan and have not made any payments, our maximum aggregate liability shall not exceed One Thousand Indian Rupees (INR 1,000).
No Consequential Damages: In no event shall Qubelex, its directors, officers, employees, agents, partners, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, regardless of whether such damages were foreseeable or whether Qubelex was advised of the possibility of such damages.
Specific Exclusions: Without limiting the generality of the foregoing, Qubelex shall not be liable for: (a) any loss of business, revenue, or profits resulting from service downtime or interruptions; (b) any losses arising from data corruption, loss, or unauthorized access; (c) any tax penalties, fines, or assessments resulting from incorrect tax calculations or non-compliance; (d) any damages caused by third-party services integrated with MenuPOS; (e) any losses resulting from your failure to maintain adequate backups of your data; or (f) any damages resulting from force majeure events, including natural disasters, pandemics, government actions, or internet infrastructure failures.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law. The limitations of liability set forth in this section shall survive the termination of this Agreement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Qubelex Private Limited, its directors, officers, employees, agents, partners, suppliers, licensors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

Your access to or use of the Service, including any data, content, or information you submit, post, or transmit through the Service.
Your violation of these Terms, any applicable law or regulation, or any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
Your negligence, willful misconduct, or fraud in connection with your use of the Service.
Any dispute or claim between you and any third party, including your customers, staff members, business partners, or tax authorities, arising from your use of the Service.
Any tax liabilities, penalties, fines, or assessments resulting from your use of or reliance on the tax calculation features of the Service.
Any User Content that you upload, submit, or make available through the Service, including content that infringes the rights of any third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.

12. Termination

Either party may terminate this Agreement at any time, subject to the following terms:

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription through the MenuPOS application or by contacting us at support@menupos.in. If you have an active paid subscription, your cancellation will take effect at the end of the current billing period. No refunds will be issued for partial billing periods, except as required by applicable law or our Refund Policy.

12.2 Termination by Qubelex

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without prior notice, including in the following circumstances: (a) you violate any provision of these Terms; (b) you engage in fraudulent, abusive, or illegal activity; (c) your account is inactive for an extended period; (d) you fail to make timely subscription payments; or (e) we discontinue the Service in whole or in part. In the event of termination for cause, no refund of subscription fees will be provided.

12.3 Effect of Termination

Upon termination of your account:

Your license to use the Service is immediately revoked.
You must cease all use of the Service and delete the application from your devices.
We will provide a 30-day data export window from the date of termination, during which you may request an export of your User Content. After this 30-day period, we reserve the right to permanently delete all your data from our servers, and we shall have no obligation to retain or provide your data.
Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution).

13. Governing Law

These Terms of Service, and any disputes arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. You agree that the courts located in Hyderabad, Telangana, India shall have exclusive jurisdiction over any legal proceedings arising out of or relating to these Terms or the Service.

By using the Service, you irrevocably consent to the personal jurisdiction and venue of the courts in Hyderabad, Telangana, and waive any objections to such jurisdiction or venue, including any objections based on inconvenient forum. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the breach, termination, or validity thereof ("Dispute"), the parties agree to follow the dispute resolution procedures outlined below:

14.1 Good Faith Negotiation

The parties shall first attempt to resolve any Dispute through good faith negotiation. The aggrieved party shall send a written notice describing the nature of the Dispute and the desired resolution to the other party. The parties shall engage in good faith discussions for a period of at least thirty (30) days from the date of such notice before pursuing any other form of dispute resolution.

14.2 Arbitration

If the Dispute is not resolved through good faith negotiation within the 30-day period, either party may submit the Dispute to binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within fifteen (15) days, the arbitrator shall be appointed in accordance with the provisions of the Act. The seat and venue of the arbitration shall be Hyderabad, Telangana, India. The language of the arbitration shall be English. The arbitrator's award shall be final and binding on both parties. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

14.3 Court Proceedings

Notwithstanding the foregoing, either party may seek injunctive relief, specific performance, or other equitable remedies from a court of competent jurisdiction in Hyderabad, Telangana, at any time, including before, during, or after arbitration proceedings. Nothing in this section shall prevent either party from seeking urgent interim or provisional relief from a court to prevent irreparable harm pending the outcome of arbitration.

15. Changes to Terms

Qubelex reserves the right to modify, amend, or update these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will:

Provide you with at least 30 days' prior written notice of the changes via email to the address associated with your account or through a prominent in-app notification.
Update the "Last updated" date at the top of this document to reflect the date of the most recent revision.
Post the revised Terms on our website at www.menupos.in/terms-of-service.

Your continued use of the Service after the effective date of any modifications to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Service and terminate your account before the changes take effect. For material changes that significantly affect your rights or obligations, we may require you to expressly accept the new Terms before continuing to use the Service.

Non-material changes, such as typographical corrections, formatting updates, or clarifications that do not substantively alter your rights or obligations, may be made without prior notice.

16. Contact

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to report a violation of these Terms, please contact us through any of the following channels:

Email: support@menupos.in
In-App Support: Use the Help & Support section within the MenuPOS application to reach our support team directly.
Website: Visit our Contact page for additional ways to reach us.

Company Details:

Legal Entity: Qubelex Private Limited
Registered Office: Hyderabad, Telangana, India
Email: support@menupos.in

We aim to respond to all inquiries within 48 business hours. For urgent matters, including security incidents or account compromises, please include "URGENT" in your email subject line.

These Terms of Service are effective as of March 1, 2025 and shall remain in effect until updated or replaced. By using MenuPOS, you acknowledge that you have read, understood, and agree to be bound by these Terms.