Terms of Service

These Terms of Service (the "Terms") govern your use of www.morcel.app, the Morcel application, and the QR menus we host (together, the "Service"), operated by Morcel ("Morcel", "we", "us").

By creating an account, subscribing to a plan, or otherwise using the Service, you agree to these Terms and to our Privacy Policy and Cookie Policy. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company or other organisation, you confirm you have authority to bind it, and "you" refers to that organisation.

• You must be at least 18 years old and legally able to enter into a contract.
• You must provide accurate registration details and keep them current.
• You are responsible for safeguarding your credentials and for all activity under your account, including activity by staff or agents you grant access to.
• Notify us promptly at admin@commissary.app if you suspect unauthorised access.
• One person or organisation may not maintain multiple free accounts to circumvent plan limits.

Morcel lets you build a mobile-first digital menu, choose from our templates, publish it in multiple languages, and generate QR codes so guests can browse it on their phones. Features, templates and limits vary by plan and may change as we develop the product.

We may add, modify or remove features. If we discontinue a feature that is material to a paid plan you are on, we will give you reasonable notice and, where you have prepaid, a pro-rata refund for the unused portion of your term.

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance where practical.

• Fees — the prices, billing period and included limits for each plan are shown on our pricing section at the time you subscribe.
• Payment — subscriptions are charged in advance through our payment processor. You authorise us to charge your payment method on each renewal date.
• Auto-renewal — plans renew automatically for the same period unless you cancel before the end of the current term.
• Cancellation — you can cancel at any time from your account. Cancellation stops future renewals; your menus stay live until the end of the period you have already paid for.
• Refunds — except where required by law or where we discontinue a material feature, fees already paid are non-refundable. Partial periods are not refunded.
• Price changes — we may change prices with at least 30 days' notice before your next renewal. Continuing after that date constitutes acceptance; if you disagree, cancel before renewal.
• Taxes — prices exclude VAT, GST, sales tax and similar charges unless stated otherwise. You are responsible for those amounts.
• Failed payment — if a charge fails we may retry it and, after notice, suspend your menus until payment is settled.

You retain all ownership of the menu content you upload — item names, descriptions, prices, photos, logos and other materials ("Your Content").

You grant Morcel a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, resize, reformat and publicly display Your Content solely to operate and improve the Service and to display your menus to your guests. This licence ends when you delete the content or close your account, except for copies retained in backups for the period described in our Privacy Policy.

You represent that you own or have all rights necessary to Your Content, and that it does not infringe anyone's intellectual property, privacy or publicity rights. If you use third-party food photography, you are responsible for holding the appropriate licence.

We may, with your permission, feature your published menu in marketing materials. We will ask first, and you can withdraw that permission at any time.

This is the most important obligation in these Terms. You are solely responsible for the accuracy, completeness and legality of everything on your menu — including prices, taxes and service charges, ingredient and allergen information, nutritional claims, alcohol and age-restricted item labelling, and any disclosures your local food-safety or consumer-protection rules require.

Morcel is a publishing tool. We do not review, verify or validate menu content, and we do not provide food-safety, allergen or regulatory advice. Displaying content through Morcel does not make it compliant with any law.

Where allergen disclosure is legally required, you must ensure your menu carries it and keep it current whenever recipes or suppliers change.

You agree not to:

• Upload content that is unlawful, defamatory, obscene, hateful, or that infringes third-party rights.
• Use the Service to sell items you are not legally permitted to sell in your jurisdiction.
• Reverse engineer, decompile, scrape at scale, or attempt to derive the source code of the Service.
• Probe, scan or test the vulnerability of our systems, or bypass authentication, rate limits or plan restrictions.
• Introduce malware, or use the Service to distribute spam or phishing content.
• Resell, sublicense or white-label the Service without a written agreement with us.
• Impersonate another business, or use branding or QR placements designed to mislead guests about who they are ordering from.
• Use the Service in a way that overloads our infrastructure or degrades it for other customers.

The Service may link to or integrate with third-party products — payment processing, social platforms, analytics, delivery partners. Those services are governed by their own terms and privacy policies. We are not responsible for their content, availability or practices, and enabling an integration may involve sharing data with that provider.

The Service, including its software, templates, design, and the Morcel name and logo, is owned by Morcel and protected by intellectual property law. These Terms grant you a limited, revocable, non-transferable right to use the Service on your active plan — nothing more. You may not use our trademarks without written permission.

If you send us feedback or feature suggestions, you grant us an unrestricted right to use them without obligation or compensation to you.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if payment fails and remains unresolved after notice, if we are required to do so by law, or if your use poses a security or legal risk to us or other customers.

Except in cases of serious breach, illegality or security risk, we will give you notice and a reasonable chance to fix the problem first. On termination your menus stop being served and your data is deleted on the schedule set out in our Privacy Policy — export anything you need before closing your account.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will increase your sales, orders or traffic.

Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded under the law that applies to you.

To the fullest extent permitted by law, Morcel will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill, or loss or corruption of data, even if we were advised of the possibility.

Our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, or (b) USD 100.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot lawfully be limited.

You agree to indemnify and hold Morcel harmless from claims, damages, liabilities and reasonable legal costs arising from Your Content, from your breach of these Terms, or from your failure to comply with food-safety, allergen, pricing or consumer-protection law. We will notify you of any such claim and you may control its defence with counsel reasonably acceptable to us; you may not settle in a way that imposes obligations on us without our consent.

These Terms are governed by the laws of the jurisdiction in which Morcel maintains its principal place of business, without regard to its conflict-of-law rules. You and Morcel submit to the exclusive jurisdiction of the courts of that location, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

Before filing anything, please email admin@commissary.app — most disputes are resolved faster in a conversation than in a courtroom. If you are a consumer, this section does not deprive you of the right to bring proceedings in the courts of your country of residence.

• Changes — we may amend these Terms. For material changes we will give account holders at least 14 days' notice by email or in-product notice. Continued use after the effective date means you accept the revised Terms.
• Entire agreement — these Terms, together with the Privacy Policy and Cookie Policy, are the whole agreement between us on this subject.
• Severability — if a provision is found unenforceable, the rest remains in force.
• No waiver — our failure to enforce a provision is not a waiver of it.
• Assignment — you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
• Survival — sections on your content licence, intellectual property, disclaimers, liability, indemnification and governing law survive termination.

Questions about these Terms: admin@commissary.app.