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 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 thmenu@synaltix.io.

You may only create a Thmenu account if you represent a genuine restaurant, café, hotel food-service, 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.

Paid plans are billed in advance on an annual basis via Stripe; monthly billing is not offered. Prices are listed at /pricing and may change with 30 days' notice (which will not apply to amounts already paid).

• Founding discount — lifetime 50% off. A 50% founding-year discount applies to all paid annual plans purchased on or before 31 December 2026 (the offer ends 1 January 2027). This is a one-time launch offer. Subscribers who activate a paid plan within this window are "founding members": they keep 50% off the then-current price for the lifetime of their subscription — a permanent 50% discount, not a fixed dollar amount — and it continues to apply if they later change plans, provided the subscription remains active. New subscriptions started after the window pay the then-current standard price.
• Refunds: see our Refund Policy (15-day money-back guarantee on your first purchase).
• 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.
• Starter (free) tier. The Starter tier is currently provided free of charge. We reserve the right to introduce a charge for the Starter tier in the future; if we do, affected users will be notified in advance within the period required by applicable law and may cancel before any charge takes effect.

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 structure. A flat 25% commission on every referral, identical across all plan tiers (Lite, Pro, Platinum, Diamond, Enterprise) and for all affiliates — no tier-based, time-based, or performance-based variation. Commission is 25% of the net invoice amount (post-discount, post-Stripe-fee), calculated on the subtotal_excluding_tax of each paid invoice. Yearly-plan commissions are released in 12 equal monthly slices to mitigate refund risk.
(b) Commission duration (lifetime). Commission is earned for the entire lifetime of each referred subscription — you keep earning 25% on every payment for as long as the referred customer remains on a paid plan, with no time cap. Each referral earns independently for the life of that subscription.
(c) Coupons. Restaurants who use your code receive a 5% subscription discount for the lifetime of their subscription — applied for as long as they remain subscribed.
(d) 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.
(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-resident affiliates exceeding USD 600/year 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 thmenu@synaltix.io.
(h) Dormancy. Affiliates with no qualifying activity for 12 consecutive months may be automatically suspended. Reactivation available by contacting affiliates@thmenu.com.

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 legal@synaltix.io. KVKK obligations for Turkish data subjects continue to apply regardless of choice of law in §13.

Diamond-tier hotel accounts may connect their property-management system (PMS) to Thmenu. This integration works through a generic, inbound REST + HMAC API that Thmenu publishes; Thmenu does not connect to, embed, or resell any PMS vendor's software.

(a) Customer-operated adapter. You (or your IT integrator) run a small adapter on your own infrastructure that reads events from your own PMS and forwards them to Thmenu's API. Thmenu supplies only the generic API and its documentation.
(b) Your licensing and permissions. You are solely responsible for holding valid licences to your PMS and for obtaining any interface enablement, permission, or vendor approval required to extract data from it (for example Oracle OHIP access or an IFC interface licence). Thmenu makes no representation or warranty that any particular PMS can or may be connected.
(c) No affiliation or certification. "Opera", "Fidelio", "Protel", "Elektra", "Sedna" and other PMS names are trademarks of their respective owners. Thmenu and Synaltix LLC are not affiliated with, endorsed by, sponsored by, or certified by any of them. Such names are used only to describe interoperability achieved through a customer-built adapter (nominative reference).
(d) Guest data — processor role. Data you push through the PMS API (for example guest name, room number, language, and stay/loyalty identifiers) is personal data for which you remain the controller and Thmenu acts as processor under §8. We process it only to bind the in-room menu to the guest and to return orders for folio posting, retain it only for the duration of the stay plus the retention window in §12, and never sell it. The KVKK/GDPR obligations in §8 and §13 apply.

Platinum-tier restaurants may enable in-app payment collection ("pay-at-table"). In Türkiye and other markets this works through a restaurant-direct model: you connect your own payment-provider account (for example iyzico or PayTR) by entering your own credentials in the admin panel.

(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.

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.