Terms of Service

Last updated: February 24, 2026

1. Scope & Provider

These Terms of Service ("Terms") govern your use of the RestaurantAI platform at restaurantai.me ("Service"), operated by:

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. These Terms are available in a durable medium and may be saved or printed at any time.

2. Description of Service

RestaurantAI is a software-as-a-service (SaaS) platform that allows restaurant owners to create digital menus and websites. The Service includes:

• Restaurant website creation with customizable templates
• Digital menu management with QR code access
• AI-powered image enhancement, 3D model generation, and menu extraction from photos (see Section 7 for AI transparency)
• Analytics dashboard with engagement statistics
• Custom domain support (paid plans)
• Social engagement features (comments, likes, feedback) for restaurant visitors

The Service is available in free and paid subscription tiers as described on our pricing page.

2.1 Technical Requirements

The Service requires a modern web browser with JavaScript enabled (Chrome, Firefox, Safari, Edge — current and previous major version). An active internet connection is required. The Service is compatible with desktop and mobile devices. No additional software installation is necessary.

3. Contract Conclusion & Account Registration

The contract is concluded when you complete the account registration process via Firebase Authentication (Google LLC). You may register with an email address and password or via Google OAuth. By clicking "Sign up" or completing OAuth authorization, you submit a binding offer to enter into a contract for the use of the Service. We accept this offer by activating your account.

You are responsible for:

• Providing accurate and current registration information
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account

You must be at least 16 years old to create an account.

4. Subscription Plans & Payments

4.1 Plans

The Service offers three plans: Free ($0/month), Pro ($19/month), and Enterprise ($49/month). All prices are in USD and inclusive of applicable taxes (including VAT for EU customers, calculated at checkout by Stripe Tax). Plan features and limits are described on the pricing page and may be updated from time to time with 30 days advance notice.

4.2 Billing

• Paid plans are billed monthly via Stripe, Inc. Subscriptions renew automatically unless cancelled before the end of the billing period. By subscribing to a paid plan, you acknowledge that this creates a recurring payment obligation.
• If a payment fails, you will receive a 7-day grace period before your account is downgraded to the Free plan.

4.3 AI Credits

• AI features (image enhancement, 3D generation, menu extraction) consume credits. Pro plans include 50 monthly credits; Enterprise includes 200.
• Additional credits can be purchased in packages (10 for $5, 50 for $20, 100 for $35). Purchased credits do not expire.
• If an AI job fails, the credits consumed are automatically refunded.
• Monthly included credits reset every 30 days. Unused monthly credits do not roll over.

4.4 Cancellation & Downgrade

• You may cancel your subscription at any time through the billing dashboard or Stripe Customer Portal. Access to paid features continues until the end of the current billing period.
• Upon downgrade, websites exceeding your new plan's limit will be unpublished (not deleted). The most recently updated websites are preserved first. You will receive a notification listing the affected websites.

5. EU Consumer Right of Withdrawal

If you are a consumer (a natural person acting for purposes outside your trade, business, or profession) in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason, pursuant to Articles 9–16 of the Consumer Rights Directive 2011/83/EU (as amended by Directive (EU) 2019/2161) and §§ 355–357 of the German Civil Code (BGB).

5.1 Withdrawal Period

The withdrawal period expires 14 days after the day the contract is concluded (i.e., the date of your account registration).

5.2 How to Withdraw

To exercise your right of withdrawal, inform us by a clear, unambiguous statement (e.g., email to ofolabs@gmail.com). You may use the model withdrawal form below, but it is not obligatory.

5.3 Model Withdrawal Form

5.4 Effects of Withdrawal

If you withdraw, we will refund all payments received from you without undue delay and in any event within 14 days of receiving your withdrawal declaration. We will use the same means of payment you used for the initial transaction unless you expressly agree otherwise.

If you requested that the Service begin during the withdrawal period (by actively using paid features), you shall pay a proportionate amount for the services already provided up to the time you communicated your withdrawal, calculated on the basis of the total price agreed in the contract.

5.5 Loss of Withdrawal Right

For one-time credit purchases (digital content not supplied on a tangible medium), the right of withdrawal is lost once the credits have been delivered to your account, provided you gave prior express consent to immediate delivery and acknowledged the loss of your withdrawal right at the time of purchase (§ 356(5) BGB, Art. 16(m) Consumer Rights Directive).

6. Free Trial

New accounts receive a 30-day evaluation period for the Free plan. After expiration, you may continue using the Free plan with its standard limits or upgrade to a paid plan. No payment information is required for the Free plan.

7. AI-Powered Features & Transparency

In accordance with the EU AI Act (Regulation (EU) 2024/1689), in particular Art. 50 on transparency obligations effective February 2, 2026, we disclose the following about AI systems used within the Service:

Important:

• AI-enhanced images and 3D models are AI-generated synthetic content. Enhanced images are produced by generative AI and may not accurately represent the actual appearance of the dish.
• You are responsible for reviewing all AI outputs before publishing them on your website. We do not guarantee the accuracy, completeness, or suitability of AI-generated content.
• Extracted menu text is returned for your review and manual confirmation before being saved. No AI output is published automatically.
• AI processing is initiated only by your explicit action. We do not use your data to train AI models.
• AI-generated images should be identified as AI-generated when used in contexts where this distinction is material, in compliance with Art. 50(2) of the EU AI Act.

8. Digital Content Conformity & Updates

Pursuant to §§ 327–327u of the German Civil Code (BGB), implementing the Digital Content Directive (EU) 2019/770, the Service conforms to:

• Subjective conformity: The Service functions as described in Section 2 (features, functionality, and compatibility as specified on the pricing page and documentation).
• Objective conformity: The Service is fit for the purposes for which digital services of the same type are normally used and provides the quality and performance that can normally be expected.

We will maintain the Service in conformity and provide necessary updates (including security updates) for the duration of your subscription (§ 327f BGB). You will be informed about available updates. If we modify the Service beyond what is necessary for conformity, we will:

• Ensure the modification is made without additional cost to you
• Notify you in advance in a clear and comprehensible manner if the modification negatively affects your access to or use of the Service
• Inform you of your right to terminate the contract free of charge within 30 days if the modification has a more than minor negative impact on your use of the Service (§ 327r BGB)

Remedies for non-conformity: If the Service does not conform, you are entitled to have the Service brought into conformity within a reasonable time without cost (§ 327l BGB). If this is not possible or not performed, you may reduce the price proportionally or terminate the contract.

9. Acceptable Use

You agree not to:

• Upload content that infringes third-party intellectual property rights or violates applicable law
• Use the Service for any unlawful purpose or to promote illegal activities
• Upload illegal content as defined by Article 3(h) of the Digital Services Act (Regulation (EU) 2022/2065)
• Upload content depicting or promoting violence, hate speech, discrimination, or exploitation
• Attempt to circumvent rate limits, security measures, or access controls
• Interfere with the operation of the Service or other users' use
• Resell, sublicense, or redistribute the Service without written authorization
• Use automated tools (bots, scrapers, crawlers) to access the Service except as permitted by robots.txt
• Create accounts for the purpose of abusing free-tier resources or circumventing subscription limits

10. Content Moderation & Illegal Content Reporting (DSA)

In compliance with the Digital Services Act (Regulation (EU) 2022/2065) and the German Digital Services Act (Digitale-Dienste-Gesetz, DDG):

10.1 Notice and Action (Art. 16 DSA)

If you encounter content on any RestaurantAI-hosted website that you believe is illegal under EU or applicable national law, you may report it by emailing ofolabs@gmail.com with:

• The URL of the content in question
• An explanation of why you believe the content is illegal
• Your contact information
• A statement that the information provided is accurate and made in good faith

We will acknowledge receipt, review reports in a timely, diligent, non-arbitrary, and objective manner, and inform you of our decision.

10.2 Content Decisions & Statement of Reasons (Art. 17 DSA)

If your content is removed or your account is restricted, you will receive a clear statement of reasons including:

• The specific facts and circumstances of the decision
• The legal or contractual ground relied upon
• Information about any automated means used in making the decision
• Information about redress possibilities, including internal complaint mechanisms and judicial remedies

10.3 Content Moderation

Restaurant website content is published by users. User-submitted comments are held for moderation (pending approval by the website owner). We may remove content that violates these Terms or applicable law. You are the publisher of your restaurant website content and are independently responsible for its legality.

11. Intellectual Property

You retain full ownership of all content you upload to the Service (restaurant information, menu data, photographs). By uploading content, you grant us a limited, non-exclusive, worldwide license to process, store, transform (via AI features when you request it), and display the content as necessary to provide the Service. This license terminates when you delete the content or your account.

AI-enhanced images and 3D models generated through the Service are owned by you, subject to the applicable AI providers' output licensing terms.

The RestaurantAI platform, including its design, code, templates, and branding, is our intellectual property and may not be copied or reproduced without written permission.

12. Data Portability & Switching

In accordance with Regulation (EU) 2023/2854 (the EU Data Act), you have the right to export your data when switching to another service provider:

• You may request an export of your restaurant data (website information, menu items, uploaded images) in a structured, commonly used, and machine-readable format
• We will not impose contractual, technical, or financial barriers that unreasonably prevent switching
• Data export requests will be fulfilled within a reasonable timeframe without excessive fees
• To request a data export, contact ofolabs@gmail.com

13. Limitation of Liability

In accordance with German law (§§ 280 et seq. BGB):

• We are liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, and for claims under the German Product Liability Act (Produkthaftungsgesetz).
• For slight negligence (einfache Fahrlässigkeit), we are liable only for breach of material contractual obligations (Kardinalpflichten — obligations whose fulfillment is essential for the proper performance of the contract). In such cases, our liability is limited to the foreseeable, typically occurring damage.
• The Service is provided "as is" to the extent permitted by law. We are not liable for the accuracy of AI-generated content or for third-party service outages (Stripe, Firebase, AI providers, Netlify).
• Our total aggregate liability for slight negligence is limited to the fees paid by you in the 12 months preceding the claim, or €100, whichever is higher.

Mandatory consumer protections: These limitations do not restrict mandatory consumer rights under the Digital Content Directive (as implemented in §§ 327–327u BGB) or other mandatory provisions of German or EU consumer protection law. Your statutory rights as a consumer remain unaffected.

14. Availability & Service Level

We aim to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. We are not liable for temporary unavailability due to maintenance, third-party service outages, or force majeure events (including natural disasters, government actions, or widespread infrastructure failures).

15. Termination

• By you: You may delete your account at any time through account settings. Upon deletion, all your data (websites, menu items, uploaded images, AI jobs, comments on your websites) will be permanently removed within 30 days. Payment records (Stripe customer ID) are retained for 6 years as required by German tax law (§ 147 AO, § 257 HGB).
• By us: We may suspend or terminate your account for material violation of these Terms. We will provide written notice with reasons and, except in cases of illegal content or activity requiring immediate action, a reasonable opportunity to remedy the violation (typically 14 days). Decisions to restrict or terminate accounts will include a statement of reasons as required by Art. 17 DSA.
• Effect on subscription: If we terminate your account due to a violation, no refund is owed for the remaining billing period. If we terminate without cause, you will receive a pro-rata refund.

16. Data Protection

We process your personal data in accordance with our Privacy Policy, the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679), and the German Federal Data Protection Act (BDSG). You may exercise your data subject rights as described in the Privacy Policy.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer in the EU, you additionally benefit from the mandatory consumer protection provisions of your country of habitual residence pursuant to Article 6(2) of Regulation (EC) No 593/2008 ("Rome I"). These Terms do not restrict any mandatory rights you have under the laws of your country of residence.

Jurisdiction: For business users (B2B), the exclusive place of jurisdiction is Kiel, Germany. For consumers, the statutory rules on jurisdiction apply (typically the consumer's place of domicile).

EU Online Dispute Resolution: The European Commission provides an online dispute resolution (ODR) platform pursuant to Regulation (EU) No 524/2013 at: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to § 36 VSBG.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that achieves the original commercial purpose as closely as possible, consistent with the intent of the parties and applicable law.

19. Changes to These Terms

We reserve the right to modify these Terms. Registered users will be notified of material changes via email at least 30 days in advance. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you may terminate your account before the effective date without penalty. Changes that are exclusively beneficial to you or required by law may take effect immediately.