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. Thmenu is free for every restaurant: there is no subscription and no paid plan, and every standard feature is included (see /free).

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 exposes a machine-readable Agent-Ready Menu Protocol (ARMP) via an MCP-compatible API endpoint. If you or your systems use ARMP or any other automated interface to interact with Thmenu on behalf of diners:

(a) Same rules apply. All Acceptable Use obligations in §4 apply equally to automated agents, regardless of whether a human is directly supervising the interaction.
(b) Rate limits are per identity. Each OAuth client identity (agent_subject) is subject to per-restaurant hourly order caps. Rotating session identifiers, creating multiple OAuth clients, or any other technique to circumvent per-identity limits is prohibited and may result in permanent account suspension.
(c) No prompt injection. You may not embed instructions in menu item names, descriptions, or any operator-controlled field that are designed to override, confuse, or redirect an AI agent acting on behalf of a customer.
(d) No fraudulent orders. Using automated agents to place, cancel, or modify orders for the purpose of disruption, financial gain at another's expense, or testing without authorization is prohibited.
(e) Anomaly-based enforcement. Our fraud gate automatically shadowbans OAuth identities that trigger repeated anomaly signals (rapid orders, duplicate carts, repeat refunds, scope violations). Shadowbanned agents receive structured error responses; appeals may be submitted to contact@synaltix.io.

You may only create a Thmenu account if you represent a genuine restaurant, café or other food-and-beverage establishment intending to serve real customers.

The following account patterns are prohibited and will result in immediate suspension without refund:

• No-intent accounts: creating an account with no genuine intention to operate a menu or accept customer orders
• Bait content: publishing a menu solely to drive traffic elsewhere, collect customer data under false pretences, or test competitor pricing without disclosure
• Impersonation: creating an account that impersonates an existing restaurant, brand, or public figure
• Synthetic reviews or feedback: submitting, soliciting, or artificially inflating customer feedback scores or NPS ratings

We may remove accounts that, after 90 or more days with 50 or more published products and zero genuine customer orders, show no credible sign of genuine restaurant operation. We will attempt to notify you before removal.

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.

Thmenu is Free Forever. We do not charge for the software: there is no subscription, no paid plan, no trial period and no renewal, and every standard feature is included for every restaurant.

• The only Thmenu fee is the 1% platform fee on card payments you collect through Thmenu on the Stripe rail (§8.3(c)). It is deducted automatically when a payment is made and comes on top of Stripe's own processing fee. Cash, payments taken on your own terminal and payments under §8.2 carry no Thmenu fee.
• Refunds: see our Refund Policy. Refunds are made per order and per payment, by you as the merchant of record, and the platform fee comes back with them (§8.3(d)).
• Taxes: the platform fee excludes any VAT or sales tax that applies to it; you are responsible for any indirect taxes due in your jurisdiction, including on what you sell (§8.3(h)).

There is no subscription, so nothing renews and no recurring charge is ever taken. You can stop using Thmenu at any time — switch payment collection off in your settings, or close your account (§12). Neither costs anything, and no Thmenu charge continues afterwards.

If you join the Thmenu affiliate program at affiliate.thmenu.com, the following additional terms apply; the full Affiliate Agreement is at /affiliate/terms:

(a) Commission. 30% of the platform fee Thmenu actually receives on guest payments collected through Thmenu by the restaurants attached to you — at today's 1% platform fee, 0.30% of the payment; Thmenu keeps 70%. There is no commission on cash, on payments taken on a restaurant's own terminal, POS or payment provider, or on any payment without a Thmenu platform fee. Each commission is converted to USD at the European Central Bank reference rate at the time of the payment, is pending for 15 days (the refund window) and then becomes available.
(b) Attribution and duration. A restaurant is attached to you when its owner opens a Thmenu account within 30 days of opening your referral link (the most recent link counts); it is attached once, at sign-up, to one affiliate. You earn for as long as it stays attached and collects payments through Thmenu — no time limit, and no promised volume or income.
(c) Referral codes. Your code identifies your referral link; it does not change any price — Thmenu is free for restaurants.
(d) Self-referrals prohibited. Attaching a restaurant you own or control (including under another account, e-mail address or name), or coordinating round-tripping between affiliates, is grounds for immediate suspension and forfeiture of the commission attributable to it.
(e) 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 persons whose payments in a calendar year exceed the IRS reporting threshold receive an IRS Form 1099-NEC (W-9 required at payout info submission). Non-US affiliates must submit a W-8BEN declaration.
(f) 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.
(g) 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 contact@synaltix.io.
(h) Dormancy. Affiliates with no qualifying activity for 12 consecutive months may be automatically suspended. Reactivation available by contacting contact@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

Our full Data Processing Agreement (GDPR Art. 28 + KVKK) governs this processing; a countersigned copy is available on request at contact@synaltix.io. KVKK obligations for Turkish data subjects continue to apply regardless of choice of law in §13.

Any restaurant may switch on in-app payment collection ("pay-at-table") in its settings, where a supported payment provider is available in its country.

There are two different models, and which one applies changes who holds the money and what we charge. This section covers the restaurant-direct model, used in Türkiye and other markets where you connect your own payment-provider account (for example iyzico or PayTR) with your own credentials. The platform-facilitated model, used where payment runs through Stripe Connect, is §8.3 — and the statements below about funds and fees apply to THIS section only.

(a) You are the merchant of record. Funds are captured on your provider account and settle directly to you. Thmenu never holds, receives, controls, or has access to those funds. Thmenu is not a payment institution, money transmitter, or payment-services provider, and does not act as a marketplace or aggregator for these payments.
(b) Facilitation only. Thmenu provides only the technical interface that opens a payment session on your provider account and relays the provider's result. Card data is entered on the provider's own PCI-compliant surface and is never transmitted to or stored by Thmenu.
(c) Your responsibilities. You are solely responsible for: your agreement with and compliance with the payment provider's terms; the security and accuracy of the credentials you supply; all refunds, chargebacks, and payment disputes; the collection, reporting, and remittance of any taxes on amounts you collect; and compliance with applicable payment, consumer-protection, and distance-sales law. Refunds are issued by you from the admin panel against your own provider account; Thmenu only relays the instruction and bears no financial liability for them.
(d) No affiliation. "iyzico", "PayTR" and other provider names are trademarks of their respective owners; Thmenu and Synaltix LLC are not affiliated with, endorsed by, or certified by them. Such names are used only to describe interoperability.
(e) No platform fee. Under this model Thmenu charges no per-transaction fee, because no Thmenu account is in the payment flow. The software itself is free (§6).

Where payment runs through Stripe Connect, the flow is different from §8.2 and so are our roles.

(a) You are the merchant of record and the money never passes through Thmenu. Charges are created as Stripe direct charges on your Stripe account: the payment settles to your balance, Stripe’s own processing fee is charged to you by Stripe under your Stripe agreement, and Thmenu collects only its platform fee (Stripe’s application_fee_amount, see (c)). Thmenu is never a holder of your funds on this rail. Card details are handled by Stripe and never reach Thmenu’s systems. Your business name — not Thmenu’s — appears on the cardholder’s statement, and card disputes are raised against your Stripe account, with Thmenu’s platform fee returned to you when a payment is refunded.
(b) Connected Account Agreement. To use this rail you must accept the Stripe Connected Account Agreement directly with Stripe, including its identity-verification (KYC) requirements. Stripe may request documents and may restrict or close your account under that agreement; Thmenu cannot override those decisions.
(c) Platform fee — 1%. Thmenu charges a platform fee of 1% of the gross transaction amount (Stripe's application_fee_amount), deducted automatically at the time of the charge. It is charged in addition to Stripe's own processing fee, which is set by Stripe and payable by you. The fee applies only to card payments collected through Thmenu on this rail — never to cash, never to payments taken on your own terminal, and never under §8.2. We will not increase this percentage without 30 days' written notice, and you may disable payment collection at any time.
(d) Refunds return the fee. When you refund a payment in full, the 1% platform fee is refunded to you as well. Stripe's own processing fee is not returned by Stripe and remains your cost. Partial refunds return a proportionate share of the platform fee.
(e) Chargebacks are yours, and they are settled with Stripe, not with us. As the merchant of record you bear disputed amounts and any dispute fees Stripe charges; because the payment settled to your Stripe balance, Stripe recovers them there under your Stripe agreement. Thmenu does not hold your funds, does not control your payouts and therefore claims no right of set-off against them. Where Thmenu’s 1% platform fee was taken on a payment that is later charged back, that fee is returned to you.
(f) No Thmenu reserve. Thmenu holds no reserve on your money, because your money never reaches Thmenu. Stripe may itself apply a reserve or a payout schedule to your account under your Stripe agreement; that is a matter between you and Stripe, and Thmenu can neither impose nor lift it.
(g) Negative balances. A negative balance arising from refunds or chargebacks sits on your Stripe account and is settled between you and Stripe under your Stripe agreement. Thmenu takes no direct-debit mandate from you for this purpose and cannot debit your bank account.
(h) Your responsibilities are unchanged. Taxes, receipts, consumer-law obligations and the accuracy of what you sell remain yours (§8.2(c)). Thmenu initiates the charge on your Stripe account and Stripe settles it to you; you issue the receipt or invoice.
(i) Not a payment institution. Thmenu is not a payment institution, e-money institution or money transmitter. Payment services are provided by Stripe under its own licences; Thmenu's role is limited to creating charges on your behalf through Stripe and collecting the platform fee described above.

Where you switch reservation deposits on, a guest booking a table is asked to pay a deposit before the booking is held. This paragraph describes what the software does; the deposit itself is yours, and the commercial decision to require one is yours.

(a) Whose money it is. The deposit is charged on your Stripe account on the §8.3 rail. You are the merchant of record for it, Stripe's processing fee applies to it, and the 1% platform fee in §8.3(c) applies to it in the same way as to any other charge on that rail. Thmenu does not hold the deposit at any point.

(b) It is not credit against a bill. The deposit is not automatically applied to what the guest later spends. Nothing in the software links a booking to a subsequent order, and neither our guest-facing text nor yours should say otherwise.

(c) The hold is temporary. A booking with an unpaid deposit holds the table for a limited period only, after which the software cancels it and releases the slot. A guest who does not complete payment does not have a booking.

(d) Refunds are your decision to execute. You configure a cancellation window; the software tells the guest, at the moment they cancel, whether their cancellation falls inside it. Issuing the refund is an action you take on your own Stripe account. If the window is not configured, the guest is told the deposit is refundable.

(e) Consumer law remains yours. Whether a deposit may be retained, and on what terms, is governed by the consumer law applying to your venue and your guest — including the EU Consumer Rights Directive 2011/83 and, in Türkiye, the Mesafeli Sözleşmeler Yönetmeliği. You are responsible for publishing a cancellation policy that complies with it, and for honouring it. The software enforces the window you configure; it does not determine whether that window is lawful.

From time to time, resolving a support request needs someone on our side to look at your account the way you see it. You are agreeing that we may, on these terms:

(a) Scope. Access is deny-by-default. Only surfaces explicitly allowed by our internal access policy can be reached — menu, categories, products, QR/tables, domains, theme, language and opening hours. Payments, payouts, bank details and tax settings are closed and cannot be opened by a support session.

(b) Logging. Every support session, and every action taken inside one, is written to the same audit log your own staff actions go to, marked as support rather than staff. You read it on your dashboard's audit page — the place you already look, not a separate report you would have to request.

(c) Purpose limitation. Support access is used to diagnose and fix a problem you have raised, or an incident affecting your service. It is not used to read your data for any other purpose.

(d) Your control. You may tell us in writing not to use support access on your account. We will comply; some requests then cannot be resolved remotely, and we will say so rather than guess.

Thmenu is a software provider. You are our customer: you use our software, free of charge (§6), and you sell food and drink to your own guests, under your own name and on your own account.

We do not act as an online platform that connects sellers to buyers and takes a share of the underlying sale, and we do not become the seller of your food at any point. In the restaurant-direct model (§8.2) your guests' money never touches us. In the platform-facilitated model (§8.3) the charge is made on your Stripe account, you are the merchant of record, and our 1% is a fee for the software — not a share of your sale.

We therefore do not treat you as a "seller" on a platform for the purposes of DAC7 (Directive (EU) 2021/514) or equivalent reporting regimes. This paragraph states our assessment of our own role. It is not tax advice to you, and it does not affect any reporting obligation Stripe or another payment provider has in its own right.

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.

Service credits are suspended until we publish measured uptime. This clause previously promised a credit calculated from monthly uptime, while thmenu.com/status states that no historical uptime is retained yet — so neither you nor we could compute the figure the credit depends on. Until measured uptime is published, contact contact@synaltix.io about any outage that affected your service and we will make it right; a formula will return here once there is a measurement behind it. This does not limit any statutory remedy you have for failure to supply the service.

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 ends when your account is closed (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: contact@synaltix.io. General: contact@synaltix.io.