Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you and MyMenuSpotlight, a service provided by Joshua Pozos Sanchez through pozoss.com ("we," "us," or "our"), concerning your access to and use of our website and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our services.

2. Services

MyMenuSpotlight provides digital solutions for restaurants and cafés, including website creation, digital menu management, and links pages. Our services are standardized and customized with your brand colors and content.

We use Sanity CMS as our content management system, allowing you to easily update your website content, menu items, and other information. By using our services, you also agree to Sanity's Terms of Service which can be found at https://www.sanity.io/legal/terms.

Your website will be hosted on Vercel, a cloud platform for static sites and serverless functions. By using our services, you also agree to Vercel's Terms of Service which can be found at https://vercel.com/legal/terms.

For user account management and authentication, we use Clerk, an identity service provider. By registering and using our dashboard, you also agree to Clerk's Terms of Service which can be found at https://clerk.com/terms.

We reserve the right to withdraw or amend our services, and any service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the service is unavailable at any time or for any period.

3. Fees and Payment

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial setup fee is $600, with an annual renewal fee of $150.

Payments are processed securely through Stripe. By providing your payment information through our dashboard, you authorize MyMenuSpotlight to charge your payment method for all fees incurred. All payment information is stored directly with Stripe and not on our servers.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

4. Service Level and Uptime

We strive to maintain high availability and performance for your website. Your website is hosted on Vercel's infrastructure, which provides reliable hosting with a strong track record of uptime. However, we cannot guarantee 100% uptime as occasional maintenance and unforeseen technical issues may occur.

In the event of service disruptions, we will make reasonable efforts to restore service as quickly as possible. We are not liable for any damages or losses resulting from temporary unavailability of the service.

The performance and availability of your website may be affected by factors beyond our control, including but not limited to internet connectivity issues, browser compatibility, and third-party service outages.

5. User Accounts and Dashboard

MyMenuSpotlight provides a dashboard for clients to manage their services, access billing information, and administer their websites. To access the dashboard, you must create a user account.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your access to the dashboard if we determine, in our discretion, that you have violated these Terms of Service or if your use of the dashboard poses a risk to us or other users.

The dashboard may include functionalities for making payments, managing subscriptions, updating restaurant information, and accessing analytics data. All these functionalities are subject to these Terms of Service.

6. Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by MyMenuSpotlight, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited license to access and use the services and to download or print content from the services for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website.

7. User Content

You retain all rights to any content you submit, post, or display on or through the services ("User Content"). By providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing our services to you.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

8. Prohibited Uses

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate MyMenuSpotlight, a MyMenuSpotlight employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the services, or which may harm MyMenuSpotlight or users of the services

9. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. MyMenuSpotlight makes no representations or warranties of any kind, express or implied, as to the operation of our services, or the information, content, or materials included therein.

To the full extent permissible by applicable law, MyMenuSpotlight disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

11. Limitation of Liability

In no event shall MyMenuSpotlight, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our services.

14. Contact Us

If you have any questions about these Terms, please contact us at: