1. Acceptance of Terms
By accessing or using Higgs Menu (the "Service"), operated by Higgs Software ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
2. The Service
Higgs Menu is a platform that provides restaurants and food businesses ("Merchants") with tools for QR-code ordering, menu management, floor planning, kitchen operations, reservations, analytics, and related features. We may add, change, or remove features at any time.
3. Accounts
You must provide accurate information when creating an account and keep your credentials secure. You are responsible for all activity that occurs under your account. You must be at least 18 years old, or the age of majority in your jurisdiction, to create a Merchant account.
4. Subscriptions, Trials, and Billing
Paid plans are billed in advance on a recurring basis. Free trials convert to paid subscriptions unless cancelled before the trial ends. Fees are non-refundable except where required by law. We may change pricing with reasonable notice.
5. Merchant Responsibilities
Merchants are solely responsible for their menus, pricing, product descriptions, allergen and nutritional information, tax collection, fulfilment of orders, and compliance with all applicable food-safety and consumer-protection laws. Higgs Menu is a technology provider and is not the seller of any food or goods ordered through the Service.
6. Acceptable Use
You agree not to misuse the Service, including by attempting to gain unauthorised access, interfering with its operation, uploading unlawful or infringing content, or using it to distribute spam or malware.
7. Payments, Payment Processors, and Fees
Where the Service facilitates online payments, those payments are processed by third-party payment processors, not by Higgs Software. In Canada, online card payments are processed by Stripe. In Mongolia, online card and QR payments are processed by Bonum. Your use of these processors is also subject to their own agreements and privacy policies (for Stripe, the Stripe Services Agreement; for Bonum, Bonum’s merchant terms), and you authorise us to share the information needed to enable and settle your payments with them.
Online payments are subject to the payment processor’s per-transaction processing fee, which is deducted from each payment before funds reach your payout balance. Current rates are shown to Merchants in the app (for example, on the payouts and pricing screens) and may change if the processor changes its pricing. Cash and in-person payments the Merchant collects directly are not processed through these providers and carry no processing fee.
Payouts of collected online payments are made to the bank or payout account you configure. Payout timing depends on the processor and region — for example, Bonum bank transfers in Mongolia typically arrive within 2–3 business days after a payout is processed, while Stripe pays out on its own schedule. We are not responsible for delays, holds, reversals, or chargebacks imposed by a payment processor or a bank.
The contract for any food or goods is between the Merchant and the customer. Higgs Software is a technology provider, is not the seller, and is not a party to that transaction, and is not responsible for disputes, refunds, or chargebacks between Merchants and their customers.
8. Intellectual Property
The Service, including its software, design, and branding, is owned by Higgs Software and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service. Content you upload remains yours, and you grant us the rights needed to host and display it as part of the Service.
9. Third-Party Services
The Service integrates with third-party providers such as Google (sign-in), payment processors (Stripe in Canada and Bonum in Mongolia), messaging platforms (Telegram, where you connect the optional management agent to a group chat), and AI providers. Your use of those features may be subject to the third party’s own terms and privacy practices.
10. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure.
11. Limitation of Liability
To the maximum extent permitted by law, Higgs Software will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits or revenue, arising from your use of the Service. Our total liability for any claim is limited to the amount you paid us in the twelve months before the claim.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or if necessary to protect the Service or other users. On termination, your right to use the Service ends, though some provisions survive.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Continued use of the Service after the changes take effect constitutes acceptance.
14. Contact
Questions about these Terms can be sent to higgs.menu@gmail.com.