Terms of Service

By accessing or using Scan55 ("the Platform"), you ("the Restaurant Operator" or "User") agree to these Terms. If you do not agree, do not use the Platform. These Terms form a legally binding contract between you and Scan55.

Scan55 provides a software-as-a-service platform enabling restaurant operators to create digital QR menus, manage menu items, generate table QR codes, receive orders from customers, and (on the Platinum plan) send marketing communications to opted-in customers. Scan55 is a technology provider only and is not a party to any transaction between restaurants and their customers.

As a Restaurant Operator you are solely responsible for: a) All content you upload, including menus, images, offers and marketing messages. b) Ensuring all information is accurate, lawful, and not misleading. c) Compliance with all applicable laws including UK GDPR, the Privacy and Electronic Communications Regulations (PECR), the Consumer Rights Act 2015, food labelling and allergen regulations, and the Advertising Standards Authority (ASA) codes. d) Obtaining and maintaining all necessary licences to operate your business. e) Ensuring all allergen information provided on your menu is accurate and up to date. Scan55 provides an allergen advisory template for guidance only; you are solely responsible for the accuracy of allergen information.

Where you use the Platform to collect or process personal data about your customers ("Diners"): 4.1 You are the Data Controller. Scan55 is the Data Processor as defined in UK GDPR Article 4(8). 4.2 Scan55 will process Diner data only on your documented instructions and in accordance with this agreement. 4.3 You warrant that you have a lawful basis for all processing activities and that any consent obtained from Diners is valid under UK GDPR. 4.4 You are solely responsible for responding to Data Subject Rights requests from Diners. Scan55 will provide reasonable assistance where technically possible. 4.5 In the event of a personal data breach affecting Diner data, Scan55 will notify you within 72 hours of becoming aware. You are responsible for notifying the ICO and affected Diners as required by law.

5.1 Marketing features are available exclusively to Platinum plan subscribers and must be explicitly enabled by the Restaurant Operator. 5.2 You may only send marketing communications to Diners who have provided explicit, freely given, specific, informed and unambiguous consent via the opt-in mechanism provided by Scan55. 5.3 You are the Data Controller for all marketing data and solely responsible for: • Ensuring consent meets the requirements of UK GDPR and PECR. • The content, accuracy, and lawfulness of all marketing messages. • Honouring unsubscribe requests immediately and permanently. • Maintaining records of consent. 5.4 Scan55 provides the technical infrastructure to send marketing messages on your behalf as Data Processor. Scan55 is not responsible for, and you agree to fully indemnify and hold harmless Scan55 against, any and all claims, losses, damages, fines, penalties, costs and expenses (including legal fees) arising from: • Your marketing communications or their content. • Any failure to obtain valid consent. • Any breach of PECR, UK GDPR, or any other applicable law in connection with marketing. • Any complaint made to the ICO or other regulatory authority arising from your use of the marketing features. 5.5 Scan55 reserves the right to suspend marketing features immediately and without notice if it has reason to believe the feature is being misused or used in breach of applicable law.

6.1 The allergen advisory displayed on customer menu pages is provided by Scan55 as a template and general guidance only. 6.2 You are solely and exclusively responsible for ensuring that allergen information for every menu item is accurate, complete and up to date. 6.3 Scan55 is not responsible for, and you agree to fully indemnify Scan55 against, any claims, injury, illness, death or loss arising from inaccurate, incomplete or misleading allergen information displayed on your menu.

7.1 Subscription fees are charged in advance on a monthly or annual basis via Stripe. 7.2 You may cancel your subscription at any time. No refunds are provided for partial billing periods. 7.3 Scan55 reserves the right to change pricing with 30 days written notice to existing subscribers. 7.4 In the event of non-payment, Scan55 may suspend your account until payment is received.

The Scan55 platform, including its software, design, trademarks, and brand, are owned by Scan55 and protected by intellectual property laws. You retain ownership of all content you upload. By uploading content, you grant Scan55 a limited licence to host and display that content for the purpose of providing the service.

9.1 To the maximum extent permitted by law, Scan55's total liability to you for any claim arising out of or in connection with these Terms or the Platform shall not exceed the total fees paid by you to Scan55 in the 12 months preceding the claim. 9.2 Scan55 shall not be liable for any indirect, consequential, special, incidental or punitive damages, loss of profits, loss of data, or loss of business opportunity. 9.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

You agree to indemnify, defend and hold harmless Scan55, its directors, employees and agents from and against any and all claims, damages, losses, costs and expenses (including reasonable legal fees) arising from: a) Your use of the Platform in breach of these Terms. b) Your breach of any applicable law or regulation, including UK GDPR, PECR, food safety and allergen regulations. c) Any marketing communications you send using the Platform. d) Any claim by a Diner or third party relating to your menu, allergen information, offers, or business practices. e) Any infringement of third-party intellectual property rights by content you upload.

Either party may terminate these Terms at any time. On termination: - Your access to the Platform will cease. - Scan55 will retain your data for 30 days after which it will be deleted, unless retention is required by law. - Scan55 may terminate immediately without notice for breach of these Terms, particularly the marketing or data processing provisions.

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Scan55 may update these Terms from time to time. Material changes will be notified to Restaurant Operators by email with 30 days notice. Continued use of the Platform after that date constitutes acceptance of the updated Terms.

Scan55 support@scan55.com England & Wales