Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding contract between you and Kiu R, Inc., a Delaware corporation ("Kiu-R", "we", "us"). By accessing or using the Kiu-R platform, websites, applications, and related services (collectively, the "Service"), you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Scope. This English-language version of the Terms applies to users whose business is located in the United States or elsewhere outside Mexico. Users whose business is located in Mexico contract with our Mexican affiliate, Ingeniería Seria, S.A. de C.V., under the Spanish-language Terms available at /es/terms.

These Terms apply to all visitors, users, and others who access or use the Service, including restaurant owners, their staff, and end customers viewing digital menus.

2. Definitions

• "Service" refers to the Kiu-R platform, including website, applications, and related services
• "User" means any individual or entity using the Service
• "Restaurant Account" refers to accounts created by restaurant owners or managers
• "Content" includes text, images, menus, and other materials uploaded to the Service
• "QR Code" means the generated codes linking to digital menus

3. Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any breach or unauthorized use
• Accept responsibility for all activities under your account

You must be at least 18 years old and have the legal capacity to enter into these Terms. If registering on behalf of an entity, you represent that you have authority to bind that entity.

4. Service Description

Kiu-R provides:

• Digital menu creation and management tools
• QR code generation for menu access
• Menu hosting and distribution
• Analytics and reporting features
• Multi-location management capabilities
• Additional features as described on our website

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload content that infringes on intellectual property rights
• Upload harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems or software to extract data
• Impersonate another person or entity
• Sell, transfer, or share your account with others
• Use the Service to send spam or unsolicited messages

6. SMS/Text Messaging Terms

Consent

By entering your mobile phone number in the diner verification screen during the ordering process and tapping "Send code," you expressly consent to receive SMS text messages from Kiu-R at the phone number you provide. Consent is not a condition of purchasing any goods or services, but phone verification is required to place orders through our digital menu platform.

Types of Messages

You may receive the following transactional SMS messages:

• Verification codes — a one-time 6-digit code to verify your identity
• Order confirmations — confirming your order has been received
• Order status updates — notifying you when your order is ready
• Order receipts — a summary with a link to your itemized receipt
• Invoice notifications — when a requested tax invoice is available

All messages are transactional in nature. We do not send marketing, promotional, or advertising messages via SMS.

Message Frequency

Message frequency varies. You will typically receive 2 to 4 messages per order. Messages are only sent in direct response to orders you place.

Costs

Message and data rates may apply. Kiu-R does not charge you for SMS messages, but standard messaging fees from your mobile carrier may apply. Contact your carrier for details about your plan.

Opt-Out

You may opt out of SMS messages at any time by replying STOP to any message from us. You will receive a single confirmation message and no further messages will be sent. You may also email support@kiu-r.com to request removal. Opting out may prevent you from placing orders through the platform, as phone verification is required.

Help

For help, reply HELP to any message or contact support@kiu-r.com.

Privacy

Your phone number is used solely for the transactional messages described above. We do not sell, rent, or share your phone number with third parties for marketing purposes. For full details, see our Privacy Policy.

7. Content Ownership and License

Your Content

You retain ownership of all content you upload to the Service. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Service.

Our Content

The Service and its original content (excluding user content), features, and functionality are owned by Kiu-R and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

8. Pricing and Payment

Free Tier

We offer a free tier with limited features as described on our pricing page. Free accounts may include advertisements on digital menus.

Paid Subscriptions

Paid subscriptions:

• Are billed in advance on a monthly or annual basis
• Automatically renew unless cancelled
• Include features as described on our pricing page
• May be subject to price changes with 30 days' notice

Refunds

We offer a 14-day money-back guarantee for new paid subscriptions. After this period, refunds are provided at our discretion.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately. You may delete your account at any time through your account settings.

After termination, we may retain certain information as required by law or for legitimate business purposes.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIU-R SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount paid by you to us in the 12 months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kiu-R and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content uploaded to the Service

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

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

Informal resolution first. Before initiating arbitration, you and Kiu-R agree to first attempt to resolve any dispute informally. Send a written description of the dispute to legal@kiu-r.com (or, for notices to you, to the email associated with your account). If the dispute is not resolved within 30 days of that notice, either party may proceed to arbitration as described below.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware, USA. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of its intellectual property or confidential information.

Class action waiver. To the maximum extent permitted by law, you and Kiu-R each waive the right to bring or participate in any class, collective, or representative action against the other. All disputes shall be resolved on an individual basis.

16. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Kiu-R regarding the Service.

Waiver and Severability

Our failure to enforce any provision shall not be deemed a waiver. If any provision is held invalid, the remaining provisions shall continue in full effect.

Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control.

17. Contact Information

For questions about these Terms, please contact us at:

18. Additional Terms for Specific Features

QR Codes

QR codes generated through the Service are for use only in connection with your digital menus. You may not use them for other purposes or modify them in ways that interfere with their functionality.

Analytics

Analytics data provided is for informational purposes only. We do not guarantee accuracy and are not responsible for business decisions based on this data.

Third-Party Integrations

If you connect third-party services to your account, you are responsible for reviewing and complying with their terms of service.

19. Artificial Intelligence and Automated Features

Use of AI

Certain features of the Service use artificial intelligence, machine learning, optical character recognition (OCR), and other automated technologies, including models operated by third-party AI providers. For example, our Menu Import feature reads the photos, PDFs, or web pages you submit and automatically drafts menu sections, items, descriptions, and prices for you to review.

How Your Content Is Processed

When you use an AI-assisted feature, the content you submit (such as menu photos, documents, or links) is transmitted to and processed by these models and their providers solely to generate the requested output and to provide and improve the Service. We do not sell this content, and we do not use the content you submit to train general-purpose AI models for use outside your account. The AI providers we rely on process your content under their own terms and applicable data-processing agreements; for the categories of providers we use, see our Privacy Policy.

Accuracy and Your Responsibility

AI-generated and AI-extracted output may be incomplete, inaccurate, or otherwise erroneous, and is provided as a convenience and starting point only. AI output does not constitute professional, legal, nutritional, or allergen advice. You are responsible for reviewing, correcting, and approving all AI-assisted output — including menu items, descriptions, prices, and allergen or dietary information — before it is published or shown to your customers. Nothing produced by an AI-assisted feature is published until you approve it. To the maximum extent permitted by law, Kiu-R is not liable for any errors, omissions, or decisions arising from AI-generated output, and the disclaimers and limitations of liability in Sections 10 and 11 apply fully to these features.

20. Copyright Infringement (DMCA Notice and Takedown)

Kiu-R respects the intellectual property rights of others and expects its users to do the same. We respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Kiu-R has registered a designated copyright agent with the United States Copyright Office.

Filing a Notice of Infringement

If you believe that content on the Service infringes a copyright you own or control, you may submit a written notice to our designated agent that includes all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing, with enough detail (such as the URL) for us to locate it;
• Your contact information, including name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Designated Copyright Agent

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages.

Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may send a written counter-notification to our designated agent that includes your signature; identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, the District of Delaware), and that you will accept service of process from the party that filed the original notice.

Repeat Infringers

In appropriate circumstances and at our discretion, we will disable or terminate the accounts of users who are found to be repeat infringers.