Terms of Service

These Terms of Service ("Terms") are an agreement between you and the company that operates BetterMenu ("BetterMenu", "we", "us"). They cover BetterMenu's website and free tools, the Studio web app, Formulate, the BetterMenu API, and the BetterMenu apps for ChatGPT and Claude (together, the "Services").

BetterMenu is a tool for businesses. If you use the Services for a company, you agree to these Terms for that company, and you confirm you have authority to do so. "You" then means that company.

By creating an account or using the Services, you agree to these Terms. Our Privacy Policy explains how we handle personal information. Where these Terms refer to a section of the Privacy Policy, that section applies as part of these Terms.

1. Use of the Services

1.1 License: Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes. This includes making Nutrition Facts labels for food you make, sell, pack or serve, and for food you make for your own clients. The license lasts while your account is active and in good standing. If you use only our website and free tools without an account, you may use them for any lawful purpose under section 4.

1.2 Your account: Each account is for one person. Do not share your sign-in with others. You are responsible for keeping your sign-in details secure and for activity under your account. Tell us promptly if you think someone has used your account without permission.

1.3 AI assistants and the API: When you connect BetterMenu to ChatGPT or Claude, the assistant acts as you and uses your plan's allowance. That assistant's provider processes your conversation under its own terms, not ours. We provide API access on request, and we decide whether to grant it. Keep API keys secret. We may set rate limits, and we may suspend a key that puts the Services at risk.

1.4 Free plan and trial: The Free plan and the Starter trial have the limits shown on our pricing page. Files exported on the Free plan or during the trial carry a DRAFT watermark. They are not for use on packaging or menus. Do not remove or hide the watermark.

1.5 Our rights: We own the Services, including the software, the label layouts, the calculation methods, our data sets and our documentation. These Terms give you no rights in them except the license in section 1.1. Your Content stays yours under section 2.1.

2. Your Content

2.1 Ownership and our license: "Your Content" means the recipes, formulations, ingredients, supplier data, serving sizes, labels and other material you or your AI assistant submit to the Services, and the labels and results the Services make from it. You keep all rights in Your Content.

You grant us a non-exclusive, royalty-free license to host, copy, process and display Your Content only to provide the Services to you. This includes:

• storing it and calculating your labels,
• showing it to you and to the AI assistants you connect,
• delivering your files to you, including through download links that expire,
• sending it to our service providers, as Privacy Policy section 3.4 describes, so they can do their part of the Services,
• looking at it when you ask us for support,
• looking at it when we need to fix an error or a security problem that affects your account.

We do not sell Your Content. We do not publish it, and other customers cannot see it. We do count the words people type into ingredient search, across all users and without linking them to an account, and we use those counts to improve how search ranks USDA foods for everyone. When we fix a problem in your account, the fix may improve the Services for everyone, but no other customer sees Your Content as a result.

We may also use Your Content to keep the Services secure, to find and fix errors, to keep backups, and to meet our legal duties. This license ends when Your Content is deleted from our systems, as section 6.4 describes. It continues for any copy that section 6.4 allows us to keep, and only for the purposes that section names.

2.2 No AI training: We do not train AI models on Your Content. We send recipe and ingredient lines only to AI providers through an account set to zero data retention, and our AI requests are set up as Privacy Policy section 3.5 describes. This section does not cover ChatGPT or Claude when you use them yourself. Their providers handle your chats under their own terms and your settings there.

2.3 Usage data: We collect data about how the Services are used, such as which features are used and when, and technical records of requests (Privacy Policy sections 1.4, 3.2 and 3.4). We use it to run, secure and improve the Services. When you use BetterMenu through ChatGPT, Claude or the API, we record the inputs to each tool call, which can include recipe names and ingredient lines, so we can find and fix problems. When you send us feedback, we read it to improve BetterMenu. Usage data is not Your Content. Technical records can contain parts of Your Content, such as a recipe name or an ingredient line in a request. We treat those parts as Your Content under sections 2.1, 2.2 and 2.4, and we keep them only as long as we need them to run and fix the Services. We may share statistics built from usage data only when they cannot identify you and do not reveal any of Your Content.

2.4 Confidentiality: We treat Your Content as confidential. Only people at BetterMenu, and contractors bound by confidentiality duties, who need it to run the Services, give you support or keep the Services secure may access it. Our service providers receive only what Privacy Policy section 3.4 describes. We may disclose Your Content when the law requires it or in response to a valid legal request (Privacy Policy section 3.3). Where the law allows and we can, we will tell you before we disclose it. We use reasonable measures to protect Your Content (Privacy Policy section 5).

2.5 Your responsibility for Your Content: You confirm that you have the right to submit Your Content, including supplier spec sheets and other data you received from third parties. Do not submit content that breaks the law or someone else's rights.

2.6 Feedback: If you send us ideas or suggestions about the Services, we may use them without any duty to you. Feedback does not include Your Content, and this section gives us no rights in Your Content.

3. Labels, AI suggestions and your responsibility

3.1 You are responsible for your labels: You decide what goes on your package or menu. Before you use a label, review it and confirm it is right for your product. This includes ingredient amounts, serving sizes, added sugars, allergens and any claims. You are responsible for meeting the laws that apply to your food and your labels.

3.2 No regulatory review: The Services format the Nutrition Facts panel under FDA rules (21 CFR 101.9). FDA does not review or approve labels, and we do not either. Some features check a label and show findings. Those checks help you review a label. They do not cover every rule, and a label with no findings may still need changes. We do not promise that a label meets the legal requirements for your product, or that a regulator, retailer or customer will accept it.

3.3 Values come from data and calculations, not lab tests: Our calculation engine works out label values from USDA data, the ingredients and weights you confirm, and the nutrition data you enter for your own ingredients. Calculated values can differ from a lab analysis of your finished product. Whether you need a lab test is your decision.

3.4 AI suggestions are suggestions: Some features use an AI model to suggest ingredient matches, gram weights and added sugars answers. A suggestion is a starting point, not a finding. Check each one before you confirm it. The AI does not calculate the values on your label. When you use the Services through ChatGPT, Claude or the API, anything the assistant or your software confirms, saves or exports for you counts as confirmed by you.

3.5 Not professional advice: The Services, our documentation and our support replies are not legal, regulatory or food-safety advice. For advice about your product, talk to a qualified professional.

4. Acceptable use

You agree not to:

• use the Services for anything unlawful,
• damage, overload or disrupt the Services, or try to get around their limits or security,
• access another customer's account or data,
• copy or scrape the Services or their data, sell or share access to the Services, or use them to build a competing product (selling or delivering labels you made for your clients is allowed),
• reverse engineer the Services, except where the law allows it,
• open more than one Free account to get around the plan limits,
• remove the DRAFT watermark, or present a draft file as a final label.

5. Plans, fees and billing

5.1 Fees: Paid plans are billed in advance for each billing cycle, at the prices on our pricing page or in your order. Starter usage over the plan's allowance is billed per use, at the rates on the pricing page, at the end of the billing cycle in which you used it. During the Starter trial, usage over the trial allowance is not available. You authorize us, through our payment provider, to charge your payment method for these fees. Fees do not include taxes, which you pay where they apply.

5.2 Renewal and cancellation: Paid plans renew each billing cycle until you cancel. You can cancel at any time from the billing page in Studio, or by emailing us at the address on our Support page. Cancellation takes effect at the end of the current billing cycle. Your account then moves to the Free plan, and your recipes stay. Fees already paid are not refunded, except where the law requires it or section 6.2 says otherwise.

5.3 Price changes: We will tell you about a price change by email at least 30 days before it applies to you. It takes effect from your first billing cycle that starts after those 30 days.

5.4 Late payment: If a payment fails, we may limit your account to the Free plan until it is paid.

6. Term, termination and your data

6.1 By you: You can stop using the Services at any time, and you can cancel a paid plan as section 5.2 describes.

6.2 By us: We may suspend or end your access if you materially break these Terms, do not pay, or use the Services in a way that puts them, us or other customers at risk, or if the law requires it. Where we can, we will tell you first and give you a chance to fix the problem. We may also stop offering the Services, or end your account for another reason, with at least 30 days' notice by email. If we end your account for a reason other than your breach, we will refund the fees you paid for the part of the billing cycle after your access ends.

6.3 Getting your data out: Today you can export every label from Studio as a PDF, PNG or JPEG file. You can read your recipes, with their ingredients and grams, back through the BetterMenu apps for ChatGPT and Claude, and through the BetterMenu API, which we provide on request. These routes may change. If we stop offering all the ways to read your recipes back, we will give you another way to get them. If we end your access under section 6.2, we will give you 30 days to export your data, unless the law does not allow it or your use puts the Services or other customers at risk.

6.4 Deleting your data: To delete your account, email us at the address on our Support page. After we verify the request, we purge your account and personal data from our active systems within 30 days. A copy may persist in backups until they are overwritten on their normal cycle. Some recipe and label records may be kept longer, as Privacy Policy section 6.2 describes.

6.5 What continues: Sections 1.5, 2.1 (for copies we keep), 2.2, 2.4, 2.6, 3, 5 (for fees already owed), 6.3, 6.4, 7, 8, 9 and 11 continue after your account or these Terms end.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY VALUE, LABEL, MATCH, WEIGHT OR SUGGESTION IS FREE OF ERRORS. WE DO NOT CHECK USDA DATA OR OTHER THIRD-PARTY DATA FOR ERRORS, AND WE ARE NOT RESPONSIBLE FOR ERRORS IN IT.

8. Limitation of liability

8.1 TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL. TO THE EXTENT THE LAW ALLOWS, BETTERMENU IS ALSO NOT LIABLE FOR THE COST OF A PRODUCT RECALL, RELABELLING, OR WITHDRAWN OR DESTROYED STOCK, OR FOR ANY FINE OR PENALTY, WHATEVER KIND OF DAMAGES THEY ARE.

8.2 TO THE EXTENT THE LAW ALLOWS, BETTERMENU'S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, AND (B) US$100.

8.3 THESE LIMITS DO NOT APPLY TO YOUR DUTY TO PAY FEES, TO YOUR OBLIGATIONS UNDER SECTION 9, TO YOUR BREACH OF SECTION 4 OR OF OUR RIGHTS UNDER SECTION 1.5, OR TO LIABILITY THAT THE LAW DOES NOT ALLOW A PARTY TO LIMIT.

9. Indemnity

You will defend and indemnify BetterMenu against third-party claims that arise from (a) the food you sell and the labels you use on it, including labels the Services helped you make, (b) Your Content, including content you did not have the right to submit, or (c) your breach of section 4. This does not cover a claim to the extent it arises from our breach of section 2 or our willful misconduct. We will tell you promptly about a claim and let you control its defense. We may take part with our own counsel at our own cost. You may not settle a claim in a way that admits fault for us or puts a duty on us without our written consent.

10. Changes to the Services and these Terms

We improve the Services over time, and features may change. If we make a material change to these Terms, we will tell you by email or in the app at least 15 days before it takes effect, unless the change is needed sooner for legal or security reasons. A change does not apply to a dispute that started before the change. If you do not agree, you can cancel before the change takes effect. If you keep using the Services after that, the new Terms apply.

11. General

11.1 Assignment: You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of our business. We will tell you if that happens.

11.2 Notices: We send notices to the email address on your account. You send notices to us by email, at the address on our Support page. You agree that we may give you notices and other communications electronically, and that they meet any legal requirement that they be in writing.

11.3 Events outside our control: We are not liable for delays or failures caused by events outside our reasonable control, such as outages at our providers, natural disasters or acts of government.

11.4 No third-party beneficiaries: These Terms are between you and us. No one else has rights under them.

11.5 Entire agreement: These Terms, the sections of the Privacy Policy they refer to and any order form you sign with us are the whole agreement about the Services. If an order form you signed conflicts with these Terms, the order form applies. If a court finds part of these Terms unenforceable, the rest stays in effect. If we do not enforce a term, we have not waived it.

12. Contact us

Questions about these Terms? Email us (team at bettermenu dot live). The address is also on our Support page.