Terms of Service - OneScan

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the OneScan platform ("Service") operated by OneScan ("we", "us", "our"), a company registered in Varna, Bulgaria. By creating an account or using the Service, you agree to these Terms. If you do not agree, you may not use the Service. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreement on the same subject.

2. Description of Service; Intended Audience

OneScan provides a platform for businesses to create digital menus accessible via QR codes. The Service includes menu creation tools, design templates, QR code generation, public menu hosting, image uploads, multi-language translations, and related features as described on our website.

The Service is designed for and primarily intended for businesses, sole traders, and other professional users acting in the course of their trade, business, craft, or profession. We do not require business registration documents to sign up. Where you qualify as a consumer under applicable EU law, the mandatory consumer-protection provisions of your local law (including those referenced in sections 6 and 18) apply in addition to these Terms and prevail to the extent of any conflict.

3. Account Registration

To use the Service, you must create an account by providing your name, email address, and a password (or via Google OAuth). You agree to provide accurate information, keep it up to date, maintain the security of your credentials, and accept full responsibility for all activity under your account. You must be at least 18 years old and authorised to bind the business you represent. You may not share, sell, or transfer your account.

4. Free and Paid Plans

OneScan offers a free plan and paid subscription plans (Pro, Business). Free accounts have limited features as described on our pricing page. Paid subscriptions are available on a monthly or annual basis and are billed in EUR via our payment processor, Stripe. Prices displayed on our website are exclusive of VAT and any other applicable taxes, levies, or duties, which will be added at checkout where applicable and shown on the Stripe-issued invoice. For EU-based business customers outside Bulgaria, the reverse-charge mechanism may apply where you provide a valid VAT identification number.

5. Billing, Renewal, and Cancellation

Paid subscriptions renew automatically at the end of each billing period (monthly or annual, as selected at checkout) at the then-current price unless cancelled. You may cancel your subscription at any time from the pricing page or by contacting us. Cancellation takes effect at the end of the current paid period - you retain access to paid features until then and the Service does not provide pro-rata refunds for unused time in the current period.

If a payment fails, we may suspend or downgrade your subscription after reasonable retry attempts. We may also change pricing or plan features with at least 30 days' written notice (via email or in-app); changes apply to the next billing cycle after the notice period. If you do not agree with a change, your sole remedy is to cancel before the change takes effect.

6. Refund Policy

Because OneScan offers a fully functional free plan that lets you evaluate the Service before paying, all paid subscriptions are non-refundable once a billing period has begun, except as set out below or where a refund is mandated by applicable law:

Billing errors or duplicate charges: we will refund any incorrect charge promptly upon verification.
Goodwill refund (discretionary): we may, at our sole discretion, offer a full or partial refund within 14 days of your first paid invoice if the Service does not meet your needs. This is a goodwill gesture and not a binding right.
Extended outage (discretionary service credit): if the Service is materially unavailable for more than 72 continuous hours due to a fault solely on our end, you may request a discretionary service credit applied to the next billing period. We do not offer a contractual uptime SLA.

Consumer right of withdrawal - waiver. If you qualify as a consumer under EU Directive 2011/83/EU, you would normally have a 14-day right to withdraw from a distance contract. Because the Service is a digital service that begins immediately upon subscription, by completing checkout you expressly request that performance begins during the 14-day withdrawal period and acknowledge that you thereby lose your right of withdrawal once performance has begun (Art. 16(m) of Directive 2011/83/EU, as transposed into your national law).

Refund requests should be sent to onescan.menu@outlook.com. Where granted, refunds are processed via Stripe to the original payment method within 5-10 business days. Nothing in this section limits any mandatory statutory rights you may have under applicable consumer-protection law that cannot be waived by agreement.

7. Your Content

You retain ownership of the content you upload (business names, menu items, descriptions, images, translations) ("Your Content"). By uploading Your Content, you grant OneScan a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt (for technical reasons such as resizing, format conversion, caching, and translation infrastructure), publicly display, and distribute Your Content as needed to operate, secure, back up, and improve the Service. This licence persists for as long as Your Content remains on the Service and for a reasonable period thereafter for backup, log, and legal-defence purposes.

You also grant us a perpetual, irrevocable, royalty-free licence to use aggregated or anonymised data derived from Your Content (for example, popular cuisine categories, average menu length) for analytics, benchmarking, and product development. Unless you opt out by writing to onescan.menu@outlook.com, we may reference your business name and a screenshot of your publicly visible menu page on our website and marketing materials as a customer example.

You represent and warrant that: (a) you own or have all necessary rights to Your Content; (b) Your Content does not infringe any third-party intellectual property, privacy, publicity, or other rights; (c) Your Content complies with all applicable laws (including food-labelling, allergen-disclosure, and consumer-protection laws); and (d) prices, allergens, ingredients, and other information are accurate. We are not responsible for the accuracy of Your Content and we may, but are not obliged to, remove or refuse to display content that we believe in good faith violates these Terms or any law.

Images and photographs. You are solely responsible for every image, photograph, illustration, logo, or other visual asset you upload. By uploading an image you confirm that either (i) you created it yourself, (ii) you own the copyright, or (iii) you hold a valid licence that permits commercial publication on a public menu page, for the duration of the upload, and including any necessary model, property, brand, or trademark releases. You must not upload images downloaded from search engines, stock-photo previews, social media, competitors' menus, or any other source for which you do not hold rights. We do not pre-screen images for copyright status; on receipt of a valid infringement notice from a rights holder we will remove the image and may suspend or terminate the account, and you remain responsible under section 13 (Indemnification) for any costs we incur as a result.

8. Acceptable Use

You agree not to: (a) use the Service for any unlawful, harmful, fraudulent, or deceptive purpose; (b) upload malicious code, offensive material, or content that infringes third-party rights; (c) attempt to access other users' accounts or data, or bypass authentication, plan limits, rate limits, or other technical restrictions; (d) reverse-engineer, decompile, scrape, mirror, frame, or interfere with the operation, integrity, or security of the Service; (e) use automated tools (bots, crawlers, headless browsers) to access the Service without our prior written permission; (f) resell, sublicence, or otherwise commercialise the Service to third parties (other than displaying your own menus to your own diners) without our prior written consent; or (g) use the Service in a way that imposes a disproportionate load on our infrastructure. We may suspend or terminate accounts that violate these Terms immediately and without prior notice, and we may report unlawful conduct to the competent authorities.

9. Intellectual Property; Feedback

The OneScan name, brand, logo, design templates, source code, documentation, and all other materials created by us or our licensors remain our exclusive property and are protected by intellectual-property laws. These Terms do not grant you any right to use our trademarks, logos, or branding except as strictly necessary to use the Service (for example, the "Powered by OneScan" attribution on the free plan, which you agree not to remove or alter).

If you send us suggestions, feedback, ideas, or feature requests ("Feedback"), you hereby assign to us, free of charge and irrevocably, all rights, title, and interest in such Feedback worldwide, and waive any moral rights you may have in it. We may use Feedback for any purpose without obligation to you.

10. Privacy and Data Protection

We process personal data in accordance with our Privacy Policy, which forms part of these Terms. Where you upload personal data of third parties (for example, photos of identifiable people or employee names on a menu), you are the data controller for that data and we act only as a processor on your behalf; you are solely responsible for having a lawful basis to publish it. A Data Processing Agreement (DPA) under GDPR Art. 28 is available on request for business customers.

11. Availability; No Warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by applicable law. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, error-free, secure, free of viruses, or that defects will be corrected, and we may modify, suspend, or discontinue features, templates, or the entire Service at any time.

We do not guarantee any specific uptime and have no obligation to maintain backups of Your Content; you are responsible for keeping your own copies. We are not liable for any loss of data, revenue, business, profit, goodwill, or business interruption resulting from downtime, bugs, third-party service failures (including Stripe, Hetzner, Resend, or Google), or your reliance on the Service. Beta, preview, or experimental features are provided on an "at-your-own-risk" basis and may be changed or withdrawn at any time.

12. Limitation of Liability

To the maximum extent permitted by applicable law, neither OneScan nor its officers, employees, contractors, or licensors shall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of or inability to use the Service, even if advised of the possibility of such damages. Our total aggregate liability for any and all claims arising from or related to the Service or these Terms shall not exceed the lesser of (a) the total amount you paid to OneScan in the three (3) months preceding the event giving rise to the claim, or (b) EUR 100; and in no event shall it be less than EUR 50 where required by mandatory law. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for death or personal injury caused by negligence, fraud, or wilful misconduct).

13. Indemnification

You agree to defend, indemnify, and hold harmless OneScan and its officers, employees, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your use of or inability to use the Service; (c) your breach of these Terms or of any law; or (d) your infringement of any third-party right, including any intellectual-property, privacy, publicity, food-safety, or consumer-protection right. We may, at our option, assume the exclusive defence and control of any matter otherwise subject to indemnification, in which case you will cooperate with us in asserting any available defences.

14. Termination

You may terminate your account at any time by cancelling your subscription and contacting us at onescan.menu@outlook.com. Upon a valid deletion request, we will delete your account and associated data within 30 days, except where retention is required by law.

We may suspend or terminate your account, with or without notice and at our sole discretion, if: (a) you breach these Terms; (b) your account is inactive for more than 6 months on the free plan or 12 months on any plan; (c) we are required to do so by law or court order; (d) continued provision of the Service to you would pose a security, legal, or reputational risk; or (e) we discontinue the Service or a relevant plan. On termination, your right to use the Service ceases immediately. Sections 7 (last paragraph), 9, 11, 12, 13, 16, 17, and 18 survive termination.

15. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, government action, labour disputes, internet or telecommunication failures, cyber-attacks, denial-of-service attacks, or failures of upstream providers (Stripe, Hetzner, Resend, Google, or similar). During a force-majeure event our obligations are suspended for the duration of the event.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Service at least 14 days before they take effect. Non-material changes (clarifications, typographical fixes, contact-detail updates) may be made without prior notice. Continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Service and may cancel your subscription as set out in section 5.

17. Assignment; Subcontracting

We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganisation, sale of assets, or by operation of law, without your consent. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent; any attempted assignment in breach of this clause is void. We may use subcontractors and sub-processors to perform any part of the Service, provided we remain responsible for their performance.

18. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Bulgaria, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive forum for any dispute arising from or relating to these Terms or the Service shall be the competent courts in Varna, Bulgaria. If you nevertheless qualify as a consumer under applicable EU law, you retain the right to bring proceedings in your country of residence and to benefit from any mandatory consumer-protection provisions of your local law that cannot be derogated from by agreement.

19. Open-Source Components

The Service is built using open-source software libraries and frameworks distributed under permissive licences (including MIT, Apache 2.0, BSD, ISC, and similar) and one component (libvips, used via the sharp image library) under LGPL-3.0-or-later. Copyright in each such component remains with its respective author(s), and your use of the Service is additionally subject to the terms of those licences with respect to the components themselves. We do not claim authorship of these third-party components and we comply with their attribution and notice requirements. A list of components in current use, together with licence identifiers and source links, is published at /licenses; the full text of any specific licence is available on request at onescan.menu@outlook.com. Nothing in these Terms grants you any right in or to those components beyond what their respective open-source licences permit, and our own rights in the Service (including the application code, design, brand, and templates we have authored) are not waived or relicensed by the inclusion of open-source dependencies.

20. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and us on their subject and supersede any prior agreement or understanding. If any provision is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision, and our failure to enforce a right or provision shall not constitute a waiver. There are no third-party beneficiaries to these Terms. The English-language version of these Terms shall prevail in case of any discrepancy with a translated version. Notices to you may be given by email to the address on file or by posting in the Service; notices to us must be sent to onescan.menu@outlook.com.

21. Contact

If you have questions about these Terms, please contact us at onescan.menu@outlook.com.