Terms of Use

These Terms of Use ("Terms") are a binding agreement between:

• Menu Points ("we", "us", "Provider"): {{LEGAL_NAME_TBD}}, registered at {{REGISTERED_ADDRESS_TBD}}, Izmir, Turkey, MERSIS: {{MERSIS_TBD}}
• You ("User", "Restaurant"): the individual or legal entity that registers an account and uses the Menu Points platform in a business-to-business (B2B) capacity as a restaurant, café, or food-service operator
• End Users / Guests: the customers of the Restaurant who access the QR menu pages. End Users are not party to this agreement; however, Section 6 describes the Restaurant's obligations toward them.

Key definitions:

• Service: the Menu Points platform, including the dashboard, QR menu system, analytics, and any enabled add-ons
• Add-ons: optional modules including Reservation System, Queue Management, and AI Waiter
• Free Plan: the no-cost subscription tier described in Section 11
• Paid Plans: Business and Enterprise subscription tiers (currently announced as "Coming Soon")
• Content: all text, images, prices, descriptions, and branding assets uploaded by the Restaurant

By (a) completing the registration process, (b) clicking "I agree" or equivalent, or (c) continuing to use the Service after these Terms are published, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You have the authority to enter into this agreement on behalf of your business entity
• You are at least 18 years of age

If you do not agree to these Terms, you must not register an account or use the Service.

These Terms constitute the entire agreement between you and Menu Points with respect to the Service and supersede all prior agreements, representations, and understandings.

Menu Points is a cloud-based digital QR menu platform for food-service businesses. The Service includes:

• Digital menu creation: create, organize, and publish menus with categories, items, descriptions, photos, and prices
• QR code generation: unique QR codes linking directly to your live menu, accessible from any device without an app
• Real-time updates: changes to your menu are reflected immediately across all active QR links
• Analytics: aggregated data on menu views, popular items, and time-of-day patterns (detail level varies by plan)
• Multi-branch management: manage multiple locations from a single dashboard (Business and Enterprise plans)
• Add-ons (separately enabled): Reservation System, Queue Management, AI Waiter

The features included in each plan (Free, Business, Enterprise) are described at menupoints.com.tr/pricing. We reserve the right to modify plan features with advance notice as described in Section 13.

To use the Service you must register an account by providing accurate, current, and complete information. You agree to:

• Keep your account credentials (email and password) confidential and not share them with unauthorized persons
• Use a strong, unique password and update it periodically
• Notify us immediately at hello@menupoints.com.tr if you suspect unauthorized access to your account
• Be solely responsible for all activity that occurs under your account credentials

Menu Points will not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used fraudulently.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Upload, publish, or transmit any content that is illegal, harmful, defamatory, obscene, or infringes any third party's intellectual property rights
• Use the Service to list or promote illegal products or substances
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Perform automated scraping, data mining, or crawling of the Service
• Reverse engineer, decompile, or disassemble any component of the Service
• Use the Service to transmit spam, phishing content, or unsolicited bulk communications
• Impersonate Menu Points or any other entity
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent, disable, or interfere with any security or access-control features

Violation of this policy may result in immediate suspension or termination of your account (see Section 17).

Your content: You retain full ownership of all Content you upload to the Service (menus, photos, logos, descriptions). By uploading Content, you grant Menu Points a non-exclusive, royalty-free, worldwide license to host, display, and transmit that Content solely for the purpose of operating the Service.

Content warranties: You represent and warrant that:

• You own or have the necessary rights and licenses for all Content you upload
• Your Content does not infringe any third party's intellectual property, privacy, or other rights
• All allergen, ingredient, price, and product information is accurate and up to date
• Your menus comply with applicable Turkish food labeling and consumer information regulations

Data processing for guest data: When you enable the Reservation or Queue Management add-ons, you become the data controller for personal data collected from your guests (names, phone numbers, booking details). Menu Points processes this data solely as your data processor. You are responsible for:

• Publishing your own privacy notice to your guests covering the reservation add-on
• Having a valid legal basis for collecting and processing guest data
• Responding to data subject requests from your guests

Menu Points and the Restaurant will execute a separate Data Processing Agreement (DPA / Veri İşleme Sözleşmesi) before the add-on is activated. Contact us at hello@menupoints.com.tr to initiate this process.

Menu Points IP: All rights, title, and interest in the Service — including the platform software, code, architecture, UI/UX design, algorithms, trademarks ("Menu Points", the Menu Points logo), and domain names — are and remain the exclusive property of Menu Points. Nothing in these Terms transfers any ownership right in the Service to you.

Your IP: As stated in Section 6, you retain ownership of the Content you upload. The license you grant to Menu Points terminates when you delete the Content or close your account.

Feedback: If you submit feedback, suggestions, or ideas about the Service, you grant Menu Points a perpetual, irrevocable, royalty-free license to use such feedback without any obligation of compensation or attribution.

Any unauthorized use of Menu Points trademarks or copyrighted materials is strictly prohibited.

The Service integrates with certain third-party providers including {{PAYMENT_PROCESSOR_TBD}} (payment processing), {{LLM_PROVIDER_TBD}} (AI Waiter), and {{HOSTING_PROVIDER_TBD}} (infrastructure). These providers are governed by their own terms and privacy policies.

Menu Points is not responsible for the availability, accuracy, or reliability of third-party services. We will make reasonable efforts to notify you of planned outages or service changes by third-party providers that materially affect the Service.

Any links to third-party websites on the landing page or in the dashboard are provided for convenience only. Menu Points does not endorse and is not responsible for the content or practices of linked third-party sites.

Paid plans (Business & Enterprise): These are currently listed as "Coming Soon." The following terms will apply when paid tiers become available:

• Pricing: subscription fees will be published at menupoints.com.tr/pricing and displayed inclusive of Turkish VAT (KDV at the applicable rate, currently 20%)
• Billing cycle: monthly or annual, as selected at checkout. Annual plans are billed upfront.
• Auto-renewal: subscriptions automatically renew at the end of each billing period. You will receive a reminder email at least 7 days before renewal.
• Cancellation: you may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are given for unused time except as required by the Right of Withdrawal (Section 10) or applicable law.
• Price changes: we will provide at least 30 days' notice of any price increase before it takes effect.
• Invoicing: e-Arşiv or e-Fatura invoices will be issued to the email address on your account within the legally required period. Tax information (tax number / TC kimlik no) must be provided at checkout.
• Failed payments: if a payment fails, we will retry and notify you. Continued non-payment may result in service suspension and ultimately account termination.

Pursuant to the Turkish Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği) and Consumer Protection Law No. 6502, consumers (tüketiciler) have a right to withdraw from a distance contract within 14 calendar days from the date the contract was formed, without giving any reason and without penalty.

Waiver of withdrawal right for digital services: For digital content and services that begin immediately, the right of withdrawal is waived when:

• You expressly consent to the service beginning during the withdrawal period, AND
• You acknowledge that your right of withdrawal is thereby forfeited

A checkbox confirming both of the above will be presented at checkout for paid plans. Your consent and acknowledgment will be logged and emailed to you as part of the order confirmation.

B2B users: The right of withdrawal does not apply to businesses (esnaf and tüzel kişi) acting in their professional capacity. Restaurant operators registering as a business are not consumers under Law 6502 and do not have a statutory withdrawal right, though they may cancel under Section 9.

Refunds: Where a withdrawal right applies and is validly exercised, we will refund the full amount within 14 days using the same payment method used for the original transaction.

The Free plan is provided "as is" and "as available" at no charge, indefinitely, subject to the following conditions:

• Free plan features are limited to one branch and the capabilities described on the pricing page at the time of registration
• The Free plan carries no Service Level Agreement. Uptime, response times, and feature availability are provided on a best-effort basis.
• Menu Points reserves the right to modify, limit, or discontinue the Free plan at any time with 30 days' written notice to registered Free plan users
• Menu Points may display non-intrusive branding on menus created under the Free plan (e.g., a "Powered by Menu Points" attribution)

Nothing in these Terms limits any statutory rights you may have under applicable consumer law in connection with the Free plan.

Menu Points targets high availability for all users, subject to planned maintenance and circumstances outside our control.

• Free plan: no SLA. Availability provided on a commercially reasonable, best-effort basis.
• Business plan: target uptime of 99.5% monthly, excluding scheduled maintenance windows
• Enterprise plan: target uptime and specific SLA terms to be agreed in writing at the time of contracting

Planned maintenance will be announced at least 48 hours in advance via in-dashboard notification and/or email. Emergency maintenance may be performed without notice.

SLA credits (where applicable under a paid plan) are the sole and exclusive remedy for downtime exceeding the SLA target in a given month.

Modifications to the Service: We may add, modify, or remove features from the Service at any time. For material changes that remove significant functionality from a paid plan, we will provide at least 30 days' advance notice. If you object to such changes, you may terminate your subscription and receive a pro-rated refund for the unused portion of your prepaid billing period.

Modifications to these Terms: We may update these Terms to reflect changes in law, regulation, or our business. We will notify you of material changes:

• By email to the address on your account at least 30 days before the changes take effect
• Via an in-dashboard banner during the notice period

Continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not accept the new Terms, you may close your account before the effective date.

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

Important carve-outs (Turkish law — mandatory, cannot be excluded):

• This disclaimer does not exclude Menu Points' liability for damages caused by intentional misconduct (kasıt) or gross negligence (ağır kusur) under Turkish Code of Obligations (TBK) Art. 115
• This disclaimer does not exclude liability for death or bodily injury caused by Menu Points' negligence
• This disclaimer does not affect any mandatory consumer rights under Law No. 6502 that cannot be waived by contract

We do not warrant that the Service will be free of errors, viruses, or security vulnerabilities, though we take reasonable steps to prevent them.

To the maximum extent permitted by applicable law, Menu Points shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or business opportunity, arising from or related to your use of the Service.

Cap: Menu Points' total aggregate liability for all claims arising under or related to these Terms during any 12-month period shall not exceed the greater of (a) the total fees paid by you to Menu Points in the 12 months preceding the claim, or (b) ₺100 (one hundred Turkish lira) for Free plan users.

Mandatory carve-outs (Turkish law — cannot be excluded):

• This limitation does not apply to liability arising from intentional misconduct (kasıt) or gross negligence (ağır kusur) (TBK Art. 115)
• This limitation does not apply to liability for death or bodily injury
• This limitation does not affect any non-waivable consumer rights under Law No. 6502

You agree to indemnify, defend, and hold harmless Menu Points and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms
• Content you upload or publish through the Service that infringes a third party's rights
• Any claim by a restaurant guest arising from your use of the Reservation or Queue Management add-ons, including data protection claims related to guest personal data of which you are the controller
• Your violation of any applicable law or regulation

These Terms remain in effect for as long as you maintain an active account.

Termination by you: You may close your account at any time from the account settings page. For paid plans, termination takes effect at the end of the current billing period (see Section 9).

Termination by us: We may suspend or terminate your account immediately, with or without notice, if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice
• You engage in fraudulent, abusive, or illegal activity through the Service
• Continued provision of the Service becomes legally or technically impossible

Effect of termination:

• Your access to the Service and dashboard will be revoked
• We will retain your data for the minimum periods required by law (see Section 9 of the Privacy Policy)
• You will have a 30-day data export window after termination to download your menu content and analytics in a machine-readable format; after this window, data will be deleted in accordance with our retention policy

Neither party shall be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, civil unrest, government actions, strikes, epidemics, power outages, internet infrastructure failures, or failure of third-party cloud providers (including {{HOSTING_PROVIDER_TBD}}).

The affected party will notify the other as soon as reasonably practicable and will use commercially reasonable efforts to resume performance. If a force majeure event continues for more than 60 days, either party may terminate the affected service without liability.

These Terms are governed by and construed in accordance with the laws of the Republic of Turkey, without regard to conflict-of-law principles.

B2B disputes: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the Courts and Enforcement Offices of İzmir (İzmir Mahkemeleri ve İcra Daireleri).

Consumer disputes (B2C): Where you qualify as a consumer (tüketici) under Turkish Consumer Protection Law No. 6502, you retain the right to submit disputes to the competent Consumer Arbitration Committee (Tüketici Hakem Heyeti) or Consumer Court (Tüketici Mahkemesi) in your locality. This right cannot be waived by contract.

Severability: If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

No waiver: Failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Menu Points may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

Notices: Legal notices to Menu Points must be sent to hello@menupoints.com.tr and to {{REGISTERED_ADDRESS_TBD}}, Izmir, Turkey. Notices to you will be sent to the email address registered on your account.

Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Menu Points regarding the Service.

The following information is provided in compliance with the Turkish Law on the Regulation of Electronic Commerce (Law No. 6563) and the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği):

• Provider identity: Menu Points, {{LEGAL_NAME_TBD}}, {{REGISTERED_ADDRESS_TBD}}, Izmir, Turkey
• MERSIS number: {{MERSIS_TBD}}
• Tax number: {{TAX_OFFICE_TBD}}
• Contact: hello@menupoints.com.tr
• Service description: as detailed in Section 3
• Pricing: total price including applicable VAT (KDV) is displayed at checkout before payment is confirmed. The Free plan is free of charge.
• Contract duration: monthly or annual subscriptions with auto-renewal; Free plan is indefinite subject to Section 11
• Cancellation: you may cancel at any time from account settings; see Section 9
• Right of withdrawal: 14 days, subject to the waiver conditions in Section 10
• Complaint mechanism: contact us at hello@menupoints.com.tr; for unresolved complaints, see Section 19 for jurisdiction

A durable copy of this information and your order confirmation will be sent to the email address on your account within the legally required period following each transaction.

These Terms are published in both Turkish (Türkçe) and English. The Turkish version is the legally binding version under Turkish law. The English version is provided for convenience only.

In the event of any conflict or inconsistency between the two versions, the Turkish version shall prevail.

For questions about these Terms or the Service, please contact:

• Email: hello@menupoints.com.tr
• Address: Menu Points, {{REGISTERED_ADDRESS_TBD}}, Izmir, Turkey

We aim to respond to all inquiries within 5 business days.