The rules and agreements for operating your food space with AVAARA.
Welcome to AVAARA, a product of BettterMenu OÜ (Registry Code: 17401720, registered in Estonia; referred to herein as "BettterMenu," "Company," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of our website, software, and tools (collectively, the "Platform"). AVAARA is a trademark of BettterMenu OÜ.
Operator: BettterMenu OÜ · Ahtri tn 12, Kesklinna linnaosa, Tallinn, Harju maakond, 15551, Republic of Estonia · Managing Director / CEO: Tushar Sood · Co-Founder & CTO: Abhigyan Gogoi (abhigyangogoi@betttermenu.com) · Email: tusharsood@betttermenu.com · Phone: +49 173 936 7518
By registering for an account or otherwise utilising the AVAARA platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our software.
1.1 Services. AVAARA provides digital infrastructure for food spaces and events, including digital menus, vendor management tools, and AI-assisted food discovery features. We operate as a B2B2C platform: we provide the direct interface for businesses (organisers and vendors) to manage operations, and end-users (guests) may interact with menus or directories hosted on our infrastructure.
1.2 Definitions. In these Terms:
Unless expressly stated otherwise, these Terms apply to Business Customers. Section 4 (Right of Withdrawal) applies only to Consumers.
2.1 Account information. When you create a Venue Account or an Organiser Account on AVAARA, you must provide accurate, complete, and up-to-date business and personal information, used strictly for documentation, billing, authentication, and communication.
2.2 Account security. You are solely responsible for maintaining the security of your account and password. You may not use the Platform for any illegal, unauthorised, or malicious purpose.
2.3 Content responsibility. You are fully responsible for all Customer Content uploaded to your account. You warrant that you own or have the necessary rights and licences to all Customer Content.
2.4 Food business operator status. Business Customer is and remains the food business operator ("Lebensmittelunternehmer") within the meaning of Article 8 of Regulation (EU) No 1169/2011 and any implementing national legislation, including the German Lebensmittelinformations-Durchfuehrungsverordnung (LMIDV), with respect to all menu content, ingredient lists, allergen declarations, dietary information, and nutritional statements published through the Platform. BettterMenu provides software infrastructure only and does not assume any food information obligations owed to End-Users or regulatory authorities under Union or national law.
2.5 Prohibited uses. You may not: (a) scrape, reverse engineer, or use automated means (other than documented APIs) to access the Platform; (b) use the Platform or its outputs to train competing machine learning models; (c) upload illegal content, hate speech, content infringing third-party intellectual property, or content violating applicable food, advertising, or consumer protection law; or (d) attempt to bypass or impair the Platform's security measures.
2.6 Feedback, Suggestions & Rewards. If you voluntarily provide us with ratings, comments, or suggestions to improve the Platform ("Feedback"), you grant BettterMenu a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, and incorporate such Feedback into our products. From time to time, we may offer exclusive perks or merchandise in exchange for your Feedback. The provision of any such rewards is entirely at our sole discretion, and we reserve the right to modify, substitute, or cancel our rewards program at any time without prior notice or liability. This section applies equally to End-Users (guests) who voluntarily choose to submit feedback via the Platform. By submitting feedback and providing their email address, End-Users confirm their consent to BettterMenu processing that data solely for product development purposes, as described in our Privacy Policy.
3.1 Subscription access. Access to certain features requires a paid subscription. Prices, subscription tiers, and billing cycles are communicated during the onboarding process or within a mutually executed order agreement.
3.2 Payment processing. All payments on AVAARA are processed through Mollie B.V., a European-licensed payment service provider. By completing a purchase, you also agree to Mollie's terms of service. BettterMenu does not store your full payment card details; these are handled entirely by Mollie in compliance with PCI DSS standards.
3.3 Billing cycle. Subscriptions are billed in advance on a 30-day or annual cycle, depending on the plan selected at checkout. By providing a payment method, you authorise BettterMenu to charge applicable fees automatically on the renewal date via Mollie.
3.4 Grace period. If a payment fails to process, your subscription enters a 10-day grace period during which access remains active. If the balance is not settled by the end of the grace period, access will be suspended.
3.5 VAT. All stated prices are exclusive of Value Added Tax (VAT).
VAT is calculated and collected automatically at checkout. The final VAT-inclusive amount is displayed clearly before payment confirmation.
3.6 Cancellation.
3.7 Setup & customisation costs. Specialised or manual onboarding performed by the BettterMenu team may incur additional setup costs. Such costs are communicated and invoiced separately before work begins and are non-refundable once initiated.
3.8 Price changes. BettterMenu may adjust pricing for future subscription periods with at least sixty (60) days' written notice to existing Business Customers. Business Customer may terminate effective at the end of the current paid term if new pricing is not accepted.
This Section 4 applies only to Consumers within the meaning of § 13 BGB. It does not apply to Business Customers, who are governed by the cancellation provisions in Section 3.
If you are a Consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of conclusion of the contract (the date you completed your subscription purchase).
To exercise the right of withdrawal, inform us of your decision by an unequivocal statement sent via email to:
BettterMenu OÜ
Email: tusharsood@betttermenu.com
Phone: +49 173 936 7518
You may use the model withdrawal form below, but it is not obligatory. To meet the deadline, it is sufficient for you to send your communication before the withdrawal period has expired.
Effects of withdrawal. If you withdraw, we will reimburse all payments received from you, without undue delay and within 14 days of notification. Reimbursement uses the same means of payment as the initial transaction (via Mollie), unless expressly agreed otherwise. Upon withdrawal, your access to the Platform is terminated. Any Customer Content you uploaded will be made available for export upon request within 30 days of withdrawal, after which it is permanently deleted.
Model withdrawal form.
To: BettterMenu OÜ, tusharsood@betttermenu.com
I hereby give notice that I withdraw from my contract for the provision of the following service: AVAARA [Plan Name]
Order/Invoice Number: [reference]
Ordered on: [Date]
Name of consumer: [Your Name]
Address of consumer: [Your Address]
Date: [Today's Date]
Signature (only if submitted on paper): _______________
Early expiry of withdrawal right. If you expressly consent to the beginning of performance during the withdrawal period and acknowledge that you lose your right of withdrawal upon full performance, the right of withdrawal expires early in accordance with § 356(4) BGB. This applies where the digital service has been fully performed before the end of the withdrawal period.
BettterMenu processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable German and Estonian law.
The specifics of our data processing - including the limited technical data processed when End-Users access menus via QR code (such as IP address, user-agent, and session data, used solely to deliver the requested service and retained for short periods) - are set out in our Privacy Policy, which forms an integral part of these Terms.
Where BettterMenu processes personal data on behalf of the Business Customer (for example, guest contact data that Business Customer may in the future upload for reservation, loyalty, or marketing features), BettterMenu acts as a processor within the meaning of Art. 28 GDPR. A Data Processing Agreement (Auftragsverarbeitungsvertrag, "AVV") governing such processing is available upon request and will be automatically concluded upon activation of features involving processing of personal data on Business Customer's behalf.
6.1 Features. The Platform uses artificial intelligence systems, currently provided by Google Vertex AI / Gemini and DeepL SE, to assist Business Customer with:
6.2 Customer verification required. All AI Outputs are suggestions only. No AI Output is published to End-Users on the live Platform unless Business Customer has reviewed and explicitly confirmed it through the designated confirmation interface. BettterMenu maintains a tamper-evident log of Business Customer confirmations, including user identity, timestamp, AI suggestion, and final confirmed value, retained for three (3) years.
6.3 Language optimisation & translations. The Platform and its AI systems are primarily optimised for the English language context. When utilising AI-assisted features such as allergen suggestion or automated translations from or into non-English languages, Business Customer acknowledges an increased risk of mistranslation or misclassification. It is strictly the Business Customer's responsibility to manually cross-check and verify all ingredients, allergen suggestions, and translated copy prior to publication.
6.4 Customer acknowledgements. Business Customer acknowledges and agrees that:
6.5 No liability. BettterMenu accepts no liability for damages, health incidents, regulatory penalties, or third-party claims arising from AI Outputs that have been confirmed and published by or on behalf of Business Customer.
7.1 BettterMenu ownership. BettterMenu retains ownership of: the Platform, all software code, proprietary algorithms, AI models (including fine-tunes and prompts) developed by BettterMenu, user interface designs, system architecture, documentation, generic templates, design systems, and the AVAARA and BettterMenu names, trademarks, and trade dress.
7.2 Business Customer ownership. Business Customer retains ownership of all Customer Content, including menu items, descriptions, prices, images, logos, ingredient lists, allergen declarations, and related business materials. Business Customer grants BettterMenu a worldwide, royalty-free, non-exclusive licence to host, process, display, translate, enhance, and deliver Customer Content solely for the purpose of providing the services for the duration of the contract.
7.3 On termination. Business Customer may export Customer Content in a structured, commonly used, machine-readable format for ninety (90) days. QR codes issued on BettterMenu-controlled domains will be deactivated at the end of the export period; Business Customer may implement replacement codes on its own infrastructure. BettterMenu may use anonymised, aggregated menu data — including dish names, item descriptions, allergen tags, and dietary tag patterns — for internal database management, platform maintenance, and service improvement purposes. This data is processed in aggregated form only and is not attributable to any specific Business Customer, venue, or individual. Aggregated and fully anonymised dish-level intelligence (prevalence statistics across the user base, not linked to any specific Business Customer) remains part of BettterMenu's knowledge base. AI fine-tuning artefacts, prompt libraries, and system improvements developed by BettterMenu (including any derived from aggregated usage patterns) remain BettterMenu's property.
8.1 Who this applies to. This section applies to any food or beverage vendor, caterer, or operator who accesses the AVAARA Platform via an invitation issued by an Event Organizer ("Event Vendor"), prior to and independently of any Vendor Pro subscription.
8.2 Scope of access. An Event Vendor's access to the AVAARA Platform is strictly limited to the specific event for which the invitation was issued. Access is activated upon acceptance of these Terms of Service and is automatically deactivated upon the conclusion or cancellation of that event, or within ninety (90) days of activation, whichever is earlier. No ongoing or transferable platform access is conferred by accepting an Event Vendor invitation.
8.3 No ongoing entitlement. Acceptance of an Event Vendor invitation does not constitute a subscription, does not create any right to continued use of the AVAARA Platform beyond the event, and does not entitle the Event Vendor to any features, data, or account access following deactivation. To continue using AVAARA after the event, the Event Vendor must enter into a separate Vendor Pro subscription agreement with BettterMenu OÜ.
8.4 Same platform obligations apply. Event Vendors are subject to all obligations set out in these Terms of Service to the same extent as subscribed Business Customers, including but not limited to: accuracy of all menu content; allergen and food information compliance under EU Regulation No 1169/2011 (LMIV); acceptable use of the platform; intellectual property obligations; and AI feature responsibilities. The fact that event-scoped access is provided free of charge to the Event Vendor does not reduce or modify these obligations in any way.
8.5 Responsibility for content. Each Event Vendor is solely responsible, as the food business operator, for all menu content it publishes via the AVAARA Platform during the event. BettterMenu OÜ accepts no liability for inaccurate, incomplete, or non-compliant content published by Event Vendors.
9.1 As-is basis. The AVAARA service is provided on an "as is" and "as available" basis. BettterMenu makes no warranties, express or implied, regarding platform uptime, bug-free performance, or specific commercial results.
9.2 Health & allergen liability. BettterMenu provides software infrastructure only. We do not prepare, inspect, or serve food or beverages. Accordingly:
9.3 Liability cap. Except for liability that cannot be excluded or limited under mandatory applicable law (including liability for death or personal injury caused by negligence, for damages resulting from gross negligence or willful misconduct, for breach of essential contractual obligations (Kardinalpflichten), or under applicable product liability law), BettterMenu's total aggregate liability to Business Customer, whether in contract, tort (including negligence), statutory duty, or otherwise, shall be limited to the total fees paid by Business Customer to BettterMenu in the twelve (12) months preceding the event giving rise to liability.
9.4 Excluded damages. BettterMenu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, loss of business, loss or corruption of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.
BettterMenu OÜ is a corporate entity legally established in the Republic of Estonia (Registry Code: 17401720), operating in Germany and across Europe.
For Business Customers (B2B): These Terms are governed by and construed in accordance with the laws of the Republic of Estonia. Any legal disputes shall be resolved in the competent courts located in Tallinn, Estonia. The parties may mutually agree in writing to an alternative jurisdiction (e.g., Frankfurt am Main for enterprise contracts with German Business Customers).
For Consumers (B2C): If you are a Consumer, you retain the right to bring proceedings in the courts of your country of habitual residence, in accordance with EU Regulation 1215/2012 (Brussels I bis). Mandatory consumer protection provisions of your country of residence apply where they provide a higher level of protection.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
BettterMenu uses commercially reasonable efforts to maintain Platform availability. No specific uptime service level is guaranteed unless separately agreed in writing for enterprise plans. Scheduled maintenance will be communicated with reasonable advance notice where practicable. BettterMenu is not liable for downtime caused by third-party providers (including cloud infrastructure and AI service providers) or events of force majeure.
Neither party is liable for failure or delay in performance (other than payment obligations) due to events beyond reasonable control, including acts of God, war, terrorism, pandemic, governmental action, internet backbone failures, cyberattacks, and unavailability of third-party AI service providers or cloud infrastructure ("Force Majeure Event"). The affected party shall notify the other within 10 business days. Performance is suspended for the duration of the event. If the event persists beyond 60 consecutive days, either party may terminate the affected services without penalty.
BettterMenu may amend these Terms from time to time. Material amendments will be communicated to Business Customer via email and/or in-platform notice at least six (6) weeks in advance. Business Customer may terminate the contract effective before the amendment takes effect by written notice within the notice period; continued use after the effective date constitutes acceptance. Non-material changes (e.g., clarifications, contact updates) may be made with fourteen (14) days' notice.
Each party agrees to protect the non-public business information of the other party received in the course of the relationship with the same degree of care it uses for its own confidential information, and not less than reasonable care. Standard carve-outs apply for information that is (a) independently developed, (b) already known prior to disclosure, (c) publicly available through no fault of the receiving party, or (d) required to be disclosed by law or court order. This obligation survives termination by three (3) years.
BettterMenu maintains a current list of sub-processors in the Privacy Policy. New sub-processors will be notified to Business Customer at least thirty (30) days in advance via email or in-platform notice. Business Customer may object within fourteen (14) days on reasonable data protection grounds. If the parties cannot resolve the objection, Business Customer may terminate the affected portion of the services.
For Business Customers on designated enterprise plans, audit rights are available no more than once per year, on thirty (30) days' notice, during business hours, by an independent auditor bound by confidentiality, at Business Customer's cost, and limited to compliance with these Terms and the applicable AVV.
A notice mechanism under Article 16 of the Digital Services Act is available at tusharsood@betttermenu.com for reporting content believed to be illegal or in violation of these Terms. The Platform does not currently host user-generated content from End-Users.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by the nearest valid provision that reflects the commercial intent of the parties.
These Terms are issued in English and German. In case of conflict, the German version prevails for Business Customers established in Germany; the English version prevails for all other customers.
Business Customer warrants that it and its principals are not subject to EU, US, or UN sanctions, and will not use the Platform in breach of applicable export control regulations.