1. The service

IndieMenu provides software that lets restaurants accept online orders directly from their customers. The service is operated by INDIEMENU LTD, a company registered in England and Wales under company number 17270377. By creating an account you agree to these terms, which form a contract between you and INDIEMENU LTD.

2. Your account

You are responsible for keeping your login credentials secure and for all activity that occurs under your account. You must provide accurate information when registering.

3. Payments and billing

Subscription fees are billed monthly. You can cancel at any time, your account remains active until the end of the current billing period. We do not offer refunds for partial months. We may change our subscription pricing from time to time, and we will give you at least 30 days' notice of any change by email. If you do not agree to a price change you can cancel before it takes effect.

4. Customer payments, Stripe and chargebacks

Payments from your customers are processed through Stripe. To take payments you must onboard a Stripe connected account and agree to Stripe's Connected Account Agreement. Funds from orders are paid into your own Stripe account and you are responsible for Stripe's processing fees. You are also responsible for any chargebacks, refunds, or payment disputes raised by your customers. IndieMenu does not hold your funds and is not responsible for the timing of payouts, which are controlled by Stripe.

5. Your responsibilities

You are responsible for the accuracy of your menu, pricing, and fulfilment of customer orders. In particular, you are solely responsible for the accuracy and completeness of allergen, ingredient, and dietary information displayed on your menu, and for complying with your obligations under UK food information and food safety law. IndieMenu is a technology platform and is not a party to the contract between you and your customers.

If you use customer data collected through IndieMenu to send marketing communications, you are responsible for complying with UK GDPR and the Privacy and Electronic Communications Regulations, including obtaining any required consents.

6. Acceptable use

You may not use IndieMenu for any unlawful purpose or to sell prohibited goods. We reserve the right to suspend accounts that violate these terms.

7. Your content and intellectual property

IndieMenu, including its software, design, and branding, is owned by INDIEMENU LTD and protected by intellectual property laws. You may not copy, modify, or resell the platform. You keep ownership of the content you upload, such as your menu, descriptions, prices, logo, and images. By uploading it you grant us a licence to host, display, and process that content for the purpose of providing the service.

8. Data protection

We process personal data in line with our Privacy Policy. For your account data, IndieMenu is the data controller. When your customers place orders, you are the data controller of their personal data and IndieMenu acts as your data processor. The Data Processing Addendum at the end of these terms forms part of this agreement and governs that processing. We use sub-processors to deliver the service; the current list is published on our Sub-processors page. You are responsible for handling your customers' data lawfully, including providing your own privacy information to them where required.

9. Indemnity

You agree to indemnify IndieMenu against any claims, losses, or costs arising from your menu content, your pricing, the fulfilment of your customers' orders, or your breach of these terms.

10. Limitation of liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of England and Wales.

Subject to that, IndieMenu is provided "as is" and we do not guarantee that the service will be uninterrupted or error-free. We are not liable for loss of profits, loss of revenue, loss of business or goodwill, loss of data, or any indirect or consequential loss arising from use of the service.

Subject to the above, our total aggregate liability to you arising out of or in connection with these terms or the service in any 12-month period will not exceed the subscription fees you paid to us in that period, or £100 if greater.

11. Termination

You can close your account at any time from your dashboard or by contacting us. We may suspend or terminate your account if you breach these terms or fail to pay. On termination your access to the service ends. You can export your data before closing your account, and we will delete or anonymise your data within a reasonable period afterwards, except where we are required to keep it to meet a legal obligation. Any terms that by their nature should survive termination, including limitation of liability, indemnity, and governing law, will continue to apply.

12. Changes to these terms

We may update these terms from time to time. If we make material changes we will notify you by email or through the dashboard. Continuing to use IndieMenu after the changes take effect means you accept the updated terms.

13. General

If any part of these terms is found to be unenforceable, the rest will remain in effect. These terms are the entire agreement between you and IndieMenu regarding the service, and supersede any prior discussions or representations, provided that nothing in this clause limits or excludes liability for fraudulent misrepresentation. We may transfer our rights and obligations under these terms to another company, and we will let you know if we do. You may not transfer yours without our consent. Neither party is liable for delays or failures caused by events beyond its reasonable control.

14. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any disputes arising from them.

15. Contact

Questions? Email [email protected].

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Data Processing Addendum

This Addendum forms part of the Terms of Service between you (the restaurant, the "Controller") and INDIEMENU LTD (the "Processor") and applies where IndieMenu processes personal data on your behalf - principally your customers' order data.

1. Subject matter and duration

The Processor processes personal data on the Controller's behalf to provide the IndieMenu service, for the duration of the agreement. The processing covers the categories of data subjects and personal data described in our Privacy Policy - your customers' names, contact details, order contents, and collection or delivery details.

2. Instructions

The Processor will process personal data only on the Controller's documented instructions, which are set out in the Terms of Service and given through the Controller's use of the service, unless required to do otherwise by law - in which case the Processor will inform the Controller before processing, unless the law prevents this.

3. Confidentiality

The Processor ensures that everyone authorised to process the personal data is under an appropriate obligation of confidentiality.

4. Security

The Processor implements appropriate technical and organisational measures to protect personal data, as required by Article 32 UK GDPR, including encryption in transit, access controls, and the use of reputable infrastructure providers. Card data is processed solely by Stripe and never touches the Processor's systems.

5. Sub-processors

The Controller gives general written authorisation for the Processor to use the sub-processors listed on the Sub-processors page. The Processor will give at least 30 days' notice of any intended addition or replacement, during which the Controller may object on reasonable data protection grounds; if the objection cannot be resolved, the Controller may terminate the affected service. The Processor imposes data protection obligations on each sub-processor equivalent to those in this Addendum and remains responsible for their performance.

6. International transfers

Where processing involves a transfer of personal data outside the UK, the Processor ensures an appropriate safeguard recognised under UK law is in place, as set out on the Sub-processors page.

7. Assistance

Taking into account the nature of the processing, the Processor will assist the Controller with appropriate technical and organisational measures in responding to data subject rights requests, and will assist the Controller in meeting its obligations regarding security, breach notification, and data protection impact assessments under Articles 32 to 36 UK GDPR.

8. Personal data breaches

The Processor will notify the Controller without undue delay after becoming aware of a personal data breach affecting the Controller's customer data, and will provide reasonable information and cooperation to help the Controller meet its own notification obligations.

9. Deletion and return

On termination of the agreement, the Processor will, at the Controller's choice, delete or return the personal data (the service provides an export facility), and delete remaining copies within a reasonable period, unless the law requires continued storage.

10. Audit and information

The Processor will make available to the Controller the information reasonably necessary to demonstrate compliance with this Addendum, and will allow for and contribute to audits, including inspections, conducted by the Controller or its appointed auditor, on reasonable notice and no more than once per year unless required by a supervisory authority.