WMenu Subscription Terms

These Terms supplement the WMenu Terms of Use. They govern only services for food-service venues: access to Plans, Subscriptions, payments, renewal, cancellation, refunds and management of the Partner's Account. Guests' use of the application and their contracts with venues are governed by the Terms of Use, not this document.

The Operator is Fundacja Rozwoju Przedsiębiorczości „Twój StartUp”, ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, Poland, entered in the National Court Register kept by the District Court for the Capital City of Warsaw under KRS number 0000442857, tax ID (NIP) 5213641211, within which the WMenu project is run. Contact with the Operator, including about Subscriptions: ue.unemw@ofni.

The Services are intended for businesses running venues. Rights of Sole Traders with Consumer Rights are set out in § 7(10). These Terms do not cover WMenu's commission-based referral programme. Participation conditions are described on the WMenu Partner Programme page; a Venue Account and a referral programme participant's account are separate accounts.

These Terms are available before registration and purchase in a form that can be saved and printed; the Operator sends a copy by e-mail on request. They are standard contract terms under Article 384 of the Polish Civil Code and, together with the Terms of Use, set out the electronic service rules under Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.

The Terms of Use apply to the Agreement with a Partner in matters not governed here. For paid Services, these provisions take precedence, in particular those on availability, liability, Partner Content licences, termination and amendments. General liability exclusions or rights to discontinue services in the Terms of Use do not override protection of the paid period or refunds provided for in these Terms.

In these Terms:

Registration requires completing the form on the Platform — Venue name, name of the person registering, e-mail address and phone number. Submitting the form means accepting these Terms, which are available before registration.

The Agreement is concluded for an indefinite period when the Account is created. Later amendments to these Terms bind the Partner only under § 13; publishing a new version alone does not change the terms of a Subscription already paid for.

The Trial Period starts on registration. It requires no payment card and does not turn into a paid Subscription automatically. The Trial Period is available once per Venue.

If the Partner does not buy a Subscription by the end of the Trial Period, the Venue Page is switched off: instead of the menu, End Users see a notice that it is temporarily unavailable. The Account and Partner Content are kept under § 10(3), and the Partner may buy a Subscription at any time to restore the Venue Page.

Paid Services start when the Subscription is paid in the Stripe payment form. Buying a Subscription during the Trial Period ends the Trial Period, and the first Billing Period runs from the payment date; the unused part of the Trial Period is not carried over.

Before the first purchase, the Partner enters billing details in the Panel: name, address and country and, where available, a tax ID or EU VAT number.

The Partner provides accurate data and updates it without undue delay after any change. A person registering on behalf of a Partner represents that they are authorised to do so.

A Partner who is a natural person may state, when concluding the Agreement, whether it is of a professional nature for them. The statement is voluntary and is not a condition of concluding the Agreement (Article 385⁵ § 1¹ of the Polish Civil Code).

Each Venue requires a separate Account and a separate Subscription.

Access to the Account is protected by login credentials. The Partner keeps them confidential, shares them only with persons authorised to act on its behalf and is responsible for actions taken through its Account. If the Partner suspects that an unauthorised person has learned the credentials, it notifies the Operator without delay and changes the password.

The Plan's features and limits are those in the Price List provided at purchase or renewal. They may include menus and QR codes, translations and import, bookings, orders and online payments. Additional services, such as menu entry or POS integration, require a separate agreement on scope and price before ordering. Development of the Platform does not permit removal or material reduction of a paid feature without the procedure in § 13.

The Panel requires internet access and a vendor-supported version of Chrome, Firefox, Safari or Edge with JavaScript and cookies. The Partner needs an active e-mail address and a payment method accepted by Stripe. Risks include phishing and malware; the Operator never asks for a password by e-mail or phone. Cookie rules are in the Privacy Policy.

The Partner checks prices, ingredients and allergens before publication, including after machine translation or menu import from files or photos. These tools may produce errors; once published, their output is Partner Content and is not reviewed by the Operator before publication. Price and allergen information must comply with the Polish Act of 9 May 2014 on price information for goods and services and Regulation (EU) No 1169/2011.

Online payments by End Users (for orders, tickets and booking guarantees) are processed by Stripe through Stripe Connect:

The payment handling fee is separate from the Subscription Fee. The phrase "0% commission" does not mean that online payment processing is free.

The Partner chooses a Plan and a Monthly or Annual Subscription. The Subscription Fee is set by the Price List on the date of purchase, subject to paragraph 8.

Prices in PLN are net amounts; VAT is added at the statutory rate. Prices in EUR are gross amounts: they include VAT where it is due, and no VAT is added to them. Where no VAT is charged, e.g. under the reverse charge, the amount payable stays the same. The Partner sees the final amount, including tax, in the payment form before confirming payment.

The Subscription Fee is payable in advance for the whole Billing Period. The Annual Subscription Fee is charged once for twelve months and is significantly lower than twelve times the Monthly Subscription Fee for the same Plan; the Price List shows the current amount of both. The lower price is given in return for the Partner committing to the full Billing Period.

Subscription payments are processed by Stripe. The Operator does not process or store full payment card details. By buying a Subscription, the Partner authorises the Operator to charge the saved payment method at each Automatic Renewal until it is cancelled.

The first Billing Period runs from the payment date; subsequent periods follow the Subscription schedule in Stripe. A Monthly Subscription renews every month and an Annual Subscription every twelve months. If a month has no corresponding day, renewal falls on that month's last day. The Panel shows the exact next renewal date; a late payment during charge retries does not by itself start a new period.

Subscription billing documents can be downloaded in the Panel. The Operator issues VAT invoices in accordance with the law, including in the National e-Invoicing System (KSeF) where it applies. The Partner agrees to receive invoices electronically.

If the Subscription Fee cannot be collected at Automatic Renewal, Stripe retries the charge on its own schedule. Until the last failed attempt, access to the Services continues and the Panel shows the unpaid invoice with an option to pay it. After the last failed attempt, the Subscription expires and § 6(6) applies. The Operator may claim the Subscription Fee for the period in which the Services were provided.

The Operator may change the Price List. For an ongoing Subscription, a new price applies from the first Billing Period starting at least 30 days after the Partner is notified by e-mail. A Partner who does not accept the new price may cancel Automatic Renewal before that date. The price of a paid Billing Period does not change.

The Partner may change the Plan or the length of the Billing Period in the Panel. The change takes effect immediately and Stripe prorates it: the top-up for the rest of the Billing Period is charged at once, and any amount in the Partner's favour (when moving to a cheaper Plan or a shorter period) is credited against future payments and is not paid out. Switching between a Monthly and an Annual Subscription starts a new Billing Period on the day of the switch.

Apart from the Subscription Fee, the online payment handling fee (§ 4(4)) and separately ordered additional services, the Operator charges the Partner no other fees.

By individual arrangement, the Operator may bill the Subscription Fee by invoice payable by bank transfer, outside Stripe. Sections § 5–§ 7 apply to such a Subscription unless the arrangement provides otherwise.

The Subscription renews automatically for another Billing Period of the same length and in the same Plan until Automatic Renewal is cancelled.

The Subscription Fee for the next Billing Period is charged on the renewal date to the payment method saved in Stripe, at the amount resulting from the Price List, subject to § 5(8).

The Partner may cancel Automatic Renewal at any time before the renewal time in the Panel, on the plan page ("Cancel subscription" button). A Partner without access to the Panel may request cancellation by e-mail to ue.unemw@ofni from the address linked to the Account. The deadline is met when the Operator receives an unambiguous request identifying the Account, not when the request is processed. The Operator confirms cancellation without undue delay. If the Subscription Fee for the next period is charged despite a timely request, the Operator refunds it within 14 days of the charge. Cancellation does not waive fees due for earlier Billing Periods.

Cancelling Automatic Renewal prevents the next Subscription Fee from being charged. It does not end the current Billing Period: access to the Services continues until its last day, and the Panel shows the date until which the Subscription remains active.

Cancelling Automatic Renewal is not termination of the Agreement with immediate effect and does not by itself give rise to a refund (refund rules: § 7).

When the last paid Billing Period ends, the Venue Page is switched off and the Account moves to a no-active-Plan mode. The Agreement continues: the Partner can log in to the Panel and buy a Subscription again, and Partner Content is kept under § 10(3).

These Terms distinguish between:

The Subscription Fee is remuneration for providing access to the Services in the chosen Plan for the whole paid Billing Period. The Operator keeps that access available until the last day of the period regardless of whether, and how much, the Partner uses it.

Monthly Subscription: cancelling Automatic Renewal prevents the next payment. Cancellation or non-use of the Services alone does not entitle the Partner to a refund for the current month, either in full or pro rata. This does not exclude refunds underparagraphs 6–11or rights under mandatory law.

An Annual Subscription is concluded for a fixed term equal to its Billing Period. Its Subscription Fee is significantly lower than twelve times the Monthly Subscription Fee for the same Plan (§ 5(3)), because the Operator calculates it in advance for the whole year, taking into account the costs of maintaining the Account, infrastructure, support and payment processing, which it incurs regardless of whether and how intensively the Partner uses the Services. A Partner who has paid for an Annual Subscription keeps access until the end of the paid period: ordinary termination takes effect at the end of that period (§ 10(4)), and the Subscription Fee is not refunded, either in full or pro rata. The Partner may cancel Automatic Renewal at any time. Withdrawal from an Annual Subscription is not possible after 14 days from purchase; within that period the right of withdrawal belongs only to a Sole Trader with Consumer Rights under paragraph 10. This paragraph applies subject to paragraphs 6–11 and to mandatory law.

Giving ordinary notice of termination before the end of a paid Billing Period does not end paid access before that date and does not by itself give rise to a refund. This procedure is set out in§ 10(4). Termination for good cause and withdrawal are separate procedures; their effects and settlements are governed by paragraphs 6–11 and mandatory law.

Either party may terminate the Agreement with immediate effect for good cause. This right cannot be waived (Article 746 § 3 in conjunction with Article 750 of the Polish Civil Code). Good cause on the Partner's side includes in particular:

Termination for the reasons in points 1–4 entitles the Partner to a refund of the part of the Subscription Fee proportional to the number of full days remaining in the Billing Period.

Circumstances on the Partner's side, in particular closing, suspending or selling the Venue, low guest numbers, non-use of the Services, a change of business plans or choosing another provider, are not good cause within the meaning of paragraph 6. A Partner who has paid for a Billing Period keeps access until its end; termination for reasons for which the Operator is not responsible does not entitle the Partner to a refund of the Subscription Fee.

The Operator may terminate the Agreement:

The Operator may, in an individual case, agree to refund all or part of a Subscription Fee outside the cases described in these Terms. Such consent is voluntary, must be confirmed by the Operator by e-mail, applies only to that case and creates no right to a refund in similar situations for that Partner or any other.

A Sole Trader with Consumer Rights additionally has:

The refund limits in paragraphs 3–5 and paragraph 7, and the limitations of liability in § 9 apply to a Sole Trader with Consumer Rights only insofar as they are not unfair contract terms within the meaning of Articles 385¹–385³ of the Polish Civil Code.

If, despite § 1(3), the Agreement has been concluded by a consumer, the consumer has all rights under mandatory consumer protection law; these Terms neither exclude nor limit them.

Refunds due under these Terms or the law are made by the Operator within 14 days to the payment method used, unless the parties agree otherwise.

The Operator provides access to the paid Plan throughout the Billing Period. Technical support is available by e-mail at ue.unemw@ofni on Business Days; specific response times and an SLA require a separate agreement. Planned work that may switch off the Venue Page is announced in the Panel or by e-mail where possible; the Operator repairs faults without undue delay.

The Operator applies security measures appropriate to the Services: encrypted connections (TLS), access control to systems, regular backups and limiting staff access to data to what is necessary.

The Partner keeps menus and Venue details up to date, publishes materials it has rights to and obtains any required consent to use a person's image. It is responsible for fulfilling orders, bookings and events, guest settlements and fiscal recording of sales. It complies with alcohol advertising restrictions under Article 13¹ of the Polish Act on upbringing in sobriety and counteracting alcoholism. It must not publish illegal content, circumvent Plan limits or security controls, or share the Account outside its organisation. It cooperates in investigating content reports and security incidents.

For the term of the Agreement, the Operator grants the Partner a non-exclusive, non-transferable licence, without the right to sublicense and without territorial limitation, to use the Platform in a web browser within the paid Plan, including printing and distributing the generated QR codes. The licence does not include a copy of the software.

Rights to Partner Content remain with the Partner or its licensors. The Partner grants the Operator a free, non-exclusive licence to use Partner Content to the extent necessary to provide the Services — storage, reproduction in server memory and backups, public display on the Venue Page, machine translation, processing by menu import tools and technical changes such as resizing photos — for the term of the Agreement and the period needed to delete data from backups.

The Operator may show the Venue's name, logo and a screenshot of its Venue Page as an implementation example in WMenu materials until the Partner objects by e-mail; it removes them within 14 days of an objection. It may use anonymised, aggregated data that identifies neither the Partner nor individuals to develop the Services, including after the Agreement ends.

The Operator may temporarily restrict access to the Account or switch off the Venue Page, only to the extent necessary to remove the cause, where:

The Operator informs the Partner by e-mail of the restriction, its reason and scope no later than when it takes effect, unless the law prohibits this. The Partner may respond under § 12. The Operator lifts the restriction once its cause ceases.

Outside the cases set out in these Terms, the Operator does not switch off paid Services. If a restriction proves unjustified, the Operator extends the Billing Period by its duration, without prejudice to the Partner's other rights.

Liability for paid Services is governed by this section, not the general exclusions in the Terms of Use. The parties are liable under the Polish Civil Code, with the modifications below.

The Operator is not liable for published Partner Content, performance of the Partner's contracts with guests, Stripe's decisions about the Partner's account, or consequences of the Partner's misconfiguration, breaches of these Terms or failure to protect login credentials. It is also not liable for force majeure or failures of infrastructure, payment, translation, AI, Google or telecommunications providers for which it is not responsible, provided it exercised due care in choosing them.

The Operator's total liability to the Partner under the Agreement is limited to the Subscription Fees paid by the Partner in the 12 months preceding the event giving rise to the damage and does not cover lost profits. The limit does not apply to refunds of Subscription Fees due under these Terms.

The limitations in paragraphs 2 and 3 do not apply to damage caused intentionally or through gross negligence, to personal injury, or where limitation of liability is not permitted by law. Towards a Sole Trader with Consumer Rights and a consumer they apply only to the extent permitted by Article 385³(2) of the Polish Civil Code.

The Partner is liable for damage caused to the Operator by breach of these Terms. If a third party brings a claim against the Operator concerning Partner Content, the Partner indemnifies the Operator and covers reasonable defence costs, provided the Operator notifies the Partner of the claim without delay and allows it to take part in the matter.

The Operator is controller of data of the Partner's representatives and technical data relating to viewing WMenu pages; the rules are in the Privacy Policy.

The Partner is controller of guest data entered for orders, bookings, waitlists and ticket purchases; the Operator processes it on the Partner's behalf under Annex 1. Accepting these Terms concludes the processing agreement electronically (Article 28(9) GDPR). The Partner ensures a lawful basis, the notice required by Article 13 GDPR and any required marketing consents. Security measures are set out in § 8(2)and Annex 1.

Expiry of a Subscription does not delete the Account or Partner Content: the Venue Page is switched off and the data stays on the Platform so that the Partner can resume the Subscription. The Operator may delete an Account that has had no active Subscription and no login for 12 consecutive months, after notifying the Partner by e-mail at least 30 days in advance.

The Partner stops using the paid Services by cancelling Automatic Renewal (§ 6). The Partner may also terminate the Agreement by e-mail to ue.unemw@ofni, sent from the address linked to the Account, using the ordinary termination procedure. In that procedure, the Agreement ends at the end of the paid Billing Period or, where no Subscription is active, when the notice is received. This timing does not apply to immediate termination for good cause (§ 7(6)), withdrawal, or termination under the separate procedures in § 13,Annex 1 or mandatory law. Termination does not waive fees due for the period before the Agreement ends and does not by itself give rise to a refund. If a Subscription Fee is nevertheless charged for a Billing Period starting after the notice was received, the Operator refunds it within 14 days of the charge. After the Agreement ends, the Operator deletes the Account and Partner Content; data disappears from backups when their retention period ends. Data the Operator must retain by law, in particular accounting records, is kept only to the extent and for the period required.

The single point of contact for Member State authorities, the European Commission and recipients of the service within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act) is ue.unemw@ofni. Communication takes place in Polish or English.

Anyone may report by e-mail content they consider illegal. A notice should include an explanation of why the content is illegal, the exact URL, the name and e-mail address of the person reporting (except for notices of offences referred to in Article 16(2)(c) of the Digital Services Act) and a statement that the notice is made in good faith and the information is accurate.

The Operator acknowledges reports, assesses them promptly, diligently and objectively, and informs the reporter of its decision and appeal options. It does not proactively monitor Partner Content or use automated moderation; staff make decisions. It may remove or block content, switch off the Venue Page, restrict the Account or terminate the Agreement under § 7(8). The Partner receives an e-mail statement of reasons required by Article 17 of the Digital Services Act.

The Partner and the person reporting may appeal a decision under § 12 within 6 months of receiving it. An appeal does not exclude recourse to the courts.

The Operator promptly informs the competent law enforcement authorities of any suspected offence threatening the life or safety of persons (Article 18 of the Digital Services Act).

The Partner may submit a complaint about the Subscription, billing or provision of Services by e-mail to ue.unemw@ofni or in writing to the Operator's registered address given in the Terms of Use.

A complaint should include the Venue name or the Account e-mail address, a description of the problem, the date it occurred and the expected resolution. Screenshots and the address of the page concerned help.

The Operator replies to a complaint within 14 days of receipt, by e-mail or on another durable medium. If the matter needs further analysis, in particular involvement of Stripe, the deadline may be extended to no more than 30 days only for a Partner who is neither a Sole Trader with Consumer Rights nor a consumer, after the reason for the delay and the reply date have been provided within the first 14 days. For a consumer, Article 7a of the Polish Consumer Rights Act applies, including its consequence of failure to reply in time. In every case, mandatory rules on deadlines and the consequences of failing to reply take precedence; a notice that analysis is ongoing does not replace the reply required by those rules.

The Operator may ask for details needed to assess a complaint. This request neither suspends nor restarts the deadline inparagraph 3. The Operator replies based on the available information, identifying any missing details that prevent assessment of all or part of the claim.

The Operator may amend these Terms for valid reasons, namely:

The Operator notifies Partners of an amendment by e-mail to the Account address and by a notice in the Panel, sending the new text with a description of the changes at least 30 days before they take effect. A shorter period is permitted where the law requires it or where the change addresses an immediate threat to Platform security or fraud.

A Partner who does not accept the changes may, before they take effect, terminate the Agreement with effect from that date or cancel Automatic Renewal. Otherwise, the changes bind the Partner from the effective date (Article 384¹ of the Polish Civil Code).

If a change materially worsens the Partner's position, in particular by limiting the scope of a paid Plan, and the Partner terminates the Agreement under paragraph 3, the Operator refunds the part of the Subscription Fee proportional to the number of full days remaining in the Billing Period.

Changes do not apply retroactively. Provisions of a new version on the Subscription Fee, Automatic Renewal, cancellation and refunds (§ 5–§ 7) apply to a Subscription paid before the effective date only from the first Billing Period starting after that date. Until then the previous wording applies, unless the new one is more favourable to the Partner.

A change to Annex 1 requires direct notice to the Partner and its acceptance in the Panel or by e-mail; publishing the change on the website is not enough.

Previous versions of these Terms remain available on this page, marked with the period in which they applied.

A change to the Price List follows § 5(8) and is not an amendment of these Terms.

Applicable law is specified in the Terms of Use. Choosing Polish law does not deprive a consumer of mandatory protection in their country of habitual residence. Disputes with a Partner are heard by the court for the Operator's registered office, except for Sole Traders with Consumer Rights and consumers, for whom the general jurisdiction rules apply.

The Operator may at any time transfer its rights and obligations under the Agreement to another entity, in particular a company taking over the running of the Platform, and by accepting these Terms the Partner consents to this. The Operator notifies the Partner of the transfer by e-mail. A Sole Trader with Consumer Rights may, within 30 days of the notice, terminate the Agreement with a refund of the Subscription Fee for the period after termination, pro rata by full days. The Partner may transfer its rights and obligations under the Agreement only with the Operator's consent.

The Polish version of these Terms is binding. Versions in other languages are for information only.

Partners registered before this version takes effect are bound by it from that date if they were notified under § 13(2) and did not terminate the Agreement. Subscriptions paid before that date are governed by § 13(5).

The Partner as controller (the Controller) entrusts the Operator (the Processor) with processing personal data to the extent and for the purpose necessary to provide the Services, under Article 28 GDPR. This agreement lasts as long as the Agreement.

The processing covers:

The Processor processes data only on the Controller's documented instructions. The instructions are these Terms and the Venue configuration and actions taken by the Controller in the Panel. The Processor informs the Controller without delay if, in its opinion, an instruction infringes the law.

The Processor ensures that persons authorised to process the data have committed to confidentiality and applies the measures required by Article 32 GDPR, including those described in § 8(2) of these Terms.

The Controller gives general authorisation for the Processor to engage sub-processors. The following categories of providers and integrations are used to deliver the Services, depending on the function enabled:

• Hosting and e-mail — storage of Platform data and delivery of messages containing the recipient's address and information needed to manage an Account, order or reservation.
• Backblaze B2 — storage of data backups; Sentry — diagnosis of errors and technical events whose context may contain personal data.
• Stripe — Subscription processing and, when online payments are enabled, guest payments; transmitted data includes billing details, identifiers and transaction amounts.
• OpenAI — menu import sends the content of uploaded files, including text, images or PDFs; DeepL or Google Cloud Translation — translation sends menu text and the target language.
• Twilio — the phone number and message content when SMS is enabled; Google Maps and Places — address and location data when looking up an address; QRServer — the menu page URL and QR code parameters.
• Poster POS — after the Partner connects it, order data including guest contact details, items and comments; OneSignal or Pusher — when notifications are enabled, recipient identifiers and data needed to deliver a notification or event.

This description of functions does not assign every provider the role of sub-processor. Stripe's role depends on the processing involved; integrations selected and contracted independently by the Partner do not thereby become the Operator's sub-processors. Analytics, marketing tools and chat are described in the Privacy Policy. The Processor informs the Controller by e-mail at least 14 days before adding or replacing a sub-processor. Within that period the Controller may object and, if the Processor does not accommodate the objection, terminate the Agreement with a refund of the Subscription Fee proportional to the number of full days remaining in the Billing Period. The Processor imposes on each sub-processor data protection obligations no less protective than those in this agreement.

Data is transferred outside the European Economic Area only with the safeguards in Chapter V GDPR, in particular standard contractual clauses or an adequacy decision.

Taking into account the nature of the processing, the Processor assists the Controller in responding to data subject requests (Articles 12–23 GDPR) and in meeting its obligations under Articles 32–36 GDPR, and forwards to the Controller any data subject requests sent to the Processor by mistake.

The Processor notifies the Controller of a personal data breach without undue delay and no later than 48 hours after becoming aware of it, providing the information under Article 33(3) GDPR known at the time.

When the Agreement ends, the Processor deletes the personal data processed on the Controller's behalf and its copies, unless the law requires further storage. At the Controller's request, the Processor returns that data to the extent required by Article 28(3)(g) GDPR, then deletes the data and copies remaining with the Processor, subject to the same statutory exception. Backup data is deleted under § 10(4) and is not used for ongoing provision of the Services pending deletion. This provision does not establish a separate export service for menus or other Partner Content.

The Processor makes available to the Controller the information necessary to demonstrate compliance with Article 28 GDPR and allows audits, primarily in the form of written questions. An on-site audit is possible no more than once a year, with at least 14 days' notice, at the Controller's expense.

Liability of the parties under this agreement is governed by Article 82 GDPR and otherwise by § 9 of these Terms.