We (the people at mi-cuit) are on a mission to make it easier for customers to discover high quality restaurants the world over. We want to let restaurant owners, chefs, and other food and wine professionals share their passion and commitment to culinary innovation, high quality products, and exemplary standards of service.
We hope you enjoy our services, as much as we love creating them. Everyday we strive to improve on what we’ve been doing to make our platform better.
These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
These Terms of Service are adapted from Automattic (www.automattic.com) under a Creative Commons Sharealike license (https://creativecommons.org/licenses/by-sa/4.0/). You can get a copy of these Terms and other legal documents on Github (https://github.com/Automattic/legalmattic).
Throughout these Terms, “you” applies to both individuals and entities, such as a restaurant with a registered profile on the mi-cuit app, restaurant professionals or individual users (and visitors), that access or use our Services. If you are an individual using our Services on behalf of an entity such as a restaurant, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
User Accounts. References to Users or Visitors mean individuals either registered or unregistered who use our Services.
Professional Accounts. References to Professionals mean professional accounts created by individuals engaged in the restaurant or hospitality industry as a professional activity.
Restaurant Accounts. References to Restaurant Accounts mean accounts created by Restaurants (or their authorized representatives). These accounts allow restaurants to publish menus, other content such as photos and videos, as well as advertisements to recruit employees.
These Terms govern your access to and use of mi-cuit.io and the mi-cuit iOS application (collectively, “Services”).
These Terms also govern access to and use of any profile created by Users, Professionals, or Restaurants on our Services. Profiles include such information as menus, photos, audio, or video hosted on mi-cuit.io or in our iOS App. Additionally, these terms govern access to and use of Help Wanted ads and profiles created by Restaurant Professionals advertising their services.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a mi-cuit account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union). Registration, access to and use of our Services such as creating or maintaining a Restaurant Account is for only for those over the age of 18. Likewise, individuals applying for employment or making use of the “Help Wanted” advertisements must be of legal employment age in the jurisdiction where the position is located.
One of the key purposes of our Service, in addition to aggregating current menus, is to make it easier for our customers to find restaurants that uphold high culinary standards. We rely on a variety of sources to compile our database of restaurants as well on the endorsements and recommendations of restaurants currently using the Service. If we feel a restaurant does not meet or fails to continue to meet our standards, we reserve the right to remove or suspend it without prior notice.
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, the mi-cuit app, website or our other Services. For example:
You represent and warrant that your use of our Services:
Obligations of Restaurant Accounts. If you create an account as a restaurant in the mi-cuit App, you represent that you are the owner of the restaurant or have the authority to bind the restaurant to these Terms.
Posting as a Professional Seeking Employment. If you are posting as a Restaurant Professional seeking a job, you are liable for the representations you make – including your name, experience, employment history, and work authorization status – and are solely responsible for their accuracy.
Our basic service is free, and we may offer paid plans for advanced features such as analytics or enhanced functionality. Our service is designed to give you as much control and ownership over what goes on your profile as possible and encourage you to express yourself freely. You own all content you post to your restaurant profile. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, objectionable content, or serious threats of violence) appear on your profile.
If you find a mi-cuit profile that you believe violates these Terms, please send us an email (email@example.com).
Usernames for Restaurant Accounts. If you create a Restaurant Account in the mi-cuit App, you get to use a mi-cuit or user generated shortened form of your restaurant name (the unique constituent part of the “personal menu link” referred to as a “username”). You must not create nor claim a username which does not reasonably coincide with your restaurant name or is misleading, offensive or otherwise objectionable. In the event of a conflict, mi-cuit reserves the right to change or modify your restaurant username at our discretion.
The Primary License You Grant Us. Your content belongs to you. We do not make any claims to the content that you post to or create in the Service. However, we require a license from you to make our Service function. Therefore, by utilizing the Service, you grant us a world-wide, royalty-free, transferable and non-exclusive license to reproduce, translate, modify, adapt, and publish your content. This license is solely for the purpose of displaying, marketing, distributing, making searchable, analyzing, categorizing and promoting your content. This license also gives us the right to make any publicly-posted content available to third parties selected by us so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
The Sublicense You Grant Us. In addition to the Primary License you grant us, we also need your permission in order to allow visitors and other users of the Service to share content that you post through the Service. Therefore, by utilizing the Service, you grant us a world-wide, royalty-free, transferable and non-exclusive sublicense which we grant our users to share your content. This license is solely for the purpose of allowing our users to promote your content, either in the mi-cuit app or by sharing it, for example, with friends through a text message or email. This sublicense, however, does not allow others to utilize your content freely, such as by embedding your menu elsewhere, for example on another website or blog, without your express permission. Nor does it allow others to make commercial use of your content.
Duration of the License and Sublicense You Grant Us. The license and sublicense terminate after your content is removed from our systems. When possible, you can delete content individually, or you can delete your account entirely. To request deletion of your account or to remove specific content, send us an email (firstname.lastname@example.org).
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view on the mi-cuit App and Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Removing Restaurant Profiles. Restaurant profiles that fail to meet the mi-cuit standards for inclusion or fail to continue to meet the standards, may be removed by mi-cuit at any time without prior notice.
Prohibited Uses. By using the Services, you represent and warrant that your Content and conduct do not violate any local or national laws.
Attribution. We reserve the right to display attribution text or links in your restaurant profile footer or header, attributing mi-cuit as the originator, for example. Some of these attributions may not be altered or removed.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a mi-cuit product or service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of mi-cuit or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from mi-cuit to you any mi-cuit or third party intellectual property, and all right, title, and interest in and to such property will remain (as between mi-cuit and you) solely with mi-cuit. mi-cuit, mi-cuit.io, the mi-cuit logo, and all other trademarks, service marks, graphics, and logos used in connection with mi-cuit App or our Services, are trademarks or registered trademarks of mi-cuit or mi-cuit’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any mi-cuit or third party trademarks.
In using the Services, you may enable or use services, products, software, embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website.
If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of mi-cuit, or by the posting by mi-cuit of a revised version. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or personal menu link, (ii) refuse or remove any content that, in our reasonable opinion, violates any mi-cuit policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your account uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your mi-cuit App account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” mi-cuit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We try our best, but we can’t guarantee our Service will be safe and secure nor is the availability of the Service guaranteed in any way. Neither mi-cuit, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Miami-Dade County, Florida.
Fees Paid to Restaurants. Restaurants may choose to sell items (goods, content, services, meals, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a restaurant’s subscription details, or a restaurant’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a restaurant, your purchase is directly from the restaurant owner, who is solely responsible for the items sold. Please contact the restaurant owner if you have any questions or complaints.
Refunds. We are not responsible for refunds for fees paid to a restaurant or other business because those transactions are between restaurant owners and their customers. If you would like to request a refund for any fees paid to a restaurant or other business, please contact the restaurant owner. If you have a complaint regarding a restaurant, you can email us at email@example.com.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will mi-cuit, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to mi-cuit under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. mi-cuit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless mi-cuit, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between mi-cuit and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
mi-cuit may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.