Terms of Service

These Terms of Service ("Terms") govern your access to and use of thMenu, a SaaS platform operated by Synaltix LLC, a New Mexico limited liability company with offices in Albuquerque, NM, USA ("thMenu", "we", "us"). By creating an account, signing in, or using any thMenu service, you agree to these Terms. If you do not agree, do not use the service.

thMenu provides a multi-tenant SaaS platform for restaurants to run digital menus (QR-based), accept table orders, manage staff, run customer-engagement campaigns, and (optionally) participate in our affiliate program. Features available to you depend on your subscription tier (Starter / Pro / Platinum), described at /pricing.

You must create an account to use thMenu. You are responsible for the confidentiality of your credentials and for all activity under your account. You must provide accurate, current information and keep it updated. Accounts are for use by businesses or individuals authorised to act on behalf of a restaurant. You must be at least 18 years old (or the local age of majority).

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable law
• Upload content that is false, misleading, fraudulent, defamatory, obscene, or infringing
• Reverse-engineer, scrape, or attempt unauthorised access
• Resell or sub-license access to the platform without our written consent
• Use the service to harm minors, transmit malware, or send unsolicited communications
• Bypass rate limits, security controls, or audit mechanisms

Violations may result in suspension, termination, or legal action without notice.

thMenu, the thMenu logo, and all underlying software, designs, and trademarks are owned by Synaltix LLC and protected by US and international copyright, trademark, and trade-secret law.

Your content remains yours. Menu data, photos, branding, and customer data you upload remain your property. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, and display that content solely for the purpose of providing the service to you, your staff, and your end customers.

Paid plans are billed in advance, monthly or annually, via Stripe. Prices are listed at /pricing and may change with 30 days' notice (which will not apply to amounts already paid).

• Refunds: see our Refund Policy.
• Taxes: prices exclude applicable VAT/sales taxes; you are responsible for any indirect taxes due in your jurisdiction. Stripe collects EU/UK VAT on our behalf where required.
• Failure to pay: a 14-day grace period applies; thereafter Pro/Platinum features are disabled until payment resumes. Starter functionality remains available.

In accordance with the FTC Click-to-Cancel Rule (16 CFR Part 425, effective 14 May 2026), the EU Consumer Rights Directive 2011/83 Art. 9-14, the UK Consumer Rights Act 2015, and Türkiye's Mesafeli Sözleşmeler Yönetmeliği md. 9, you may cancel your subscription using the same method by which you signed up:

• Online signup → online cancellation in equal ease: one click in Settings → Subscription → "Manage" → "Cancel".
• No mandatory retention call required. We may offer (but cannot require) a retention discount.
• EU/UK 14-day right of withdrawal: for digital services it begins on the day of subscription. By starting to use the service before the 14-day window ends, you expressly consent and acknowledge that you lose your withdrawal right (EU CRD Art. 16(m)).
• Türkiye: Mesafeli Sözleşmeler Yönetmeliği md. 15/ğ (dijital içerik) ve md. 9 (14 day withdrawal) apply.

On cancellation you retain full access until the end of the current billing period; no further charges occur. Refund eligibility is governed by our Refund Policy.

If you join the thMenu affiliate program at affiliate.thmenu.com, the following additional terms apply:

(a) Commission. 20% of net monthly subscription revenue collected from each restaurant you refer, for as long as that restaurant pays a Pro or Platinum subscription. Yearly-plan commissions are released in 12 equal monthly slices to mitigate refund risk.
(b) Coupons. Restaurants who use your code receive a 5% subscription discount. Commission is calculated on the discounted amount.
(c) Self-referrals prohibited. Using your own code on your own subscription, or coordinating round-tripping between affiliates, is grounds for immediate suspension and forfeiture of pending commissions.
(d) Payouts. Minimum payout USD 50. We pay via Wise or manual bank transfer. You are responsible for reporting commission income to your tax authority. US-resident affiliates exceeding USD 600/year receive an IRS Form 1099-NEC.
(e) Termination. Either party may terminate the affiliate relationship at any time. Commissions earned but not yet released will be paid on the next scheduled payout cycle, subject to anti-fraud holds.
(f) Anomaly review. We may suspend an affiliate account if our anomaly system flags suspicious activity (rapid refunds, self-purchase, fake email signups, IP collisions). Suspended affiliates receive an email and may appeal to thmenu@synaltix.io.

For end-customer personal data processed through your menu (orders, feedback, etc.), you are the data controller and thMenu is the data processor. We process such data only to provide the service, in line with our Privacy Policy and the following sub-processors:

• Cloudflare Inc. (USA) — infrastructure, CDN
• Supabase Inc. (USA) — authentication and primary DB
• Stripe Inc. (USA) — payments
• Resend Inc. (USA) — transactional email
• PostHog Inc. (USA) — product analytics (cookie-gated)
• Sentry / Functional Software Inc. (USA) — error monitoring

A full DPA is available on request at legal@synaltix.io. KVKK obligations for Turkish data subjects continue to apply regardless of choice of law in §13.

We target 99.9% monthly uptime. We are not liable for outages caused by third-party infrastructure (Cloudflare, Supabase, Stripe), force majeure, or scheduled maintenance announced 24 hours in advance. Status: thmenu.com/status.

If monthly uptime falls below 99.0%, paying customers receive a credit equal to 5% of that month's subscription per 0.1% below 99.9%, up to a maximum of one month's subscription. Credits must be requested within 30 days via thmenu@synaltix.io.

To the maximum extent permitted by law:

• thMenu's aggregate liability arising out of or relating to these Terms is limited to the amount you paid us in the 12 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, or loss of goodwill.
• Nothing in these Terms limits liability for: wilful misconduct, gross negligence, death or personal injury caused by our negligence, or any other liability that cannot be excluded by law.

You will indemnify and hold harmless Synaltix LLC, its affiliates, officers, and employees from any third-party claim arising out of: (a) your content, (b) your use of the service in violation of these Terms, (c) your violation of any law or third-party right. We will defend you against any third-party IP claim alleging that the platform (excluding your content) infringes such party's IP, subject to commercially reasonable cooperation.

Either party may terminate at any time. On termination:

• Your access to the service ceases at end of the current billing cycle (or immediately for violations).
• You may request data export per our Account Deletion Policy.
• Data is retained for 30 days as a grace period, then permanently erased, except where law requires us to retain it (invoices: 7 years).

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws principles. The exclusive forum for disputes shall be the state or federal courts located in Bernalillo County, NM, USA — except that we may seek injunctive relief in any court of competent jurisdiction to prevent infringement of our IP.

Consumer rights. If you are an EU/UK consumer (not a business), nothing in this section deprives you of mandatory protections of your local consumer law. KVKK rights for Turkish data subjects remain unaffected.

We may update these Terms with 30 days' notice via email or in-app banner. Material changes (price, governing law, liability) require positive acknowledgement in the dashboard before continued use. Continued use after the notice period constitutes acceptance.

Entire agreement. These Terms, together with the Privacy Policy and any signed order form, constitute the entire agreement.

Severability. If any provision is unenforceable, the rest remain in effect.

Assignment. You may not assign without our consent. We may assign to a successor in a merger or acquisition.

No waiver. Failure to enforce a provision is not a waiver.

Contact. Legal: legal@synaltix.io. General: thmenu@synaltix.io.