Terms of Service

Last Updated: April 16, 2026

Please read these Terms of Service carefully. By creating an Account, purchasing a Device, or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services or the Device.

These Terms of Service (the “Terms” or “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and 17468296 Canada, Inc., a corporation registered under the laws of Canada, doing business as Polite Menu (“we,” “us,” or “our”), governing your access to and use of the Services and your use of the Device.

1. Definitions

“Account” means the account you create at our Domains to access and use the Services.

“App” means the Polite Menu web application.

“Card” means the microSD card we mail to you that is necessary to operate the Device.

“Device” means the Polite Menu hardware device, consisting of a Raspberry Pi single-board computer, HDMI cables and adaptors, power supply, and microSD card.

“Domains” means the websites and APIs operated by Polite Menu, including polite.menu, politemenu.ca, and others.

“Fees” means the subscription, licensing, and hardware fees applicable to the Services and Device, as set forth at our Domains.

“Media” means your images and videos uploaded to or displayed through the Services.

“Screen” means a physical video display, such as a TV, computer monitor, or projector, on which your Media is displayed.

“Services” means, collectively, our Domains, the App, the Software, our APIs, and your Account.

“Software” means the computer program distributed as a binary executable that runs on the Device, including any updates, patches, modifications, or enhancements provided by us.

“Trial Period” means the thirty (30) day period beginning on the date you create your Account, during which you may cancel without incurring subscription Fees, as described in Section 2.

2. Price, Billing, Cancellation, and Refunds

2.1 Pricing

Fees are charged per Screen and are payable in advance for a twelve (12) month term. Current prices are published at our Domains and are incorporated herein by reference. Prices automatically increase at the second and third annual renewals in accordance with the schedule published at our Domains.

2.2 Trial Period

Billing for your subscription begins thirty (30) days after you create your Account. You may cancel your Account at any time during the Trial Period without incurring any subscription Fees. The cost of the Card is non-refundable, including during the Trial Period.

2.3 First Year Billing

At the end of the Trial Period, the full first year of subscription Fees is billed and becomes non-refundable, subject to Section 2.6.

2.4 Automatic Renewal

Your subscription automatically renews for successive twelve (12) month terms unless you terminate your Account at least fifteen (15) days prior to the renewal date. You authorize us, or our merchant of record, to charge your designated payment method for all applicable Fees upon renewal.

2.5 Additional Screens

Screens added after the Trial Period are billed on a prorated basis through the end of your current annual term, so that all Screens on your Account renew on the same date.

2.6 No Refunds

Due to our low prices, all Fees are non-refundable after the Trial Period, and Card costs are non-refundable at any time, including during the Trial Period. Except as expressly provided in these Terms or required by applicable law, you are responsible for all Fees incurred during the term of your subscription, regardless of whether you actually use the Services.

3. License Grant

3.1 Per-Screen License

Subject to your compliance with these Terms and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services and Software on a per-Screen basis.

3.2 Per-Screen, Not Per-Device

The license to use the Services is granted per Screen, not per Device. A Device supports either one or two Screens. If a Device supports two Screens, two licenses are required regardless of whether both Screens are used.

4. Acceptable Use

You agree to the following:

(a) You shall use the Services and the Device only as intended and as documented at our Domains;

(b) You shall upload and display only Media that you are legally permitted to use and display;

(d) You shall not reverse engineer, disassemble, decompile, decrypt, or otherwise attempt to derive or gain access to the source code, underlying algorithms, structure, or ideas of the Software or the Services;

(e) You shall not use the Services or Device in violation of any applicable law, regulation, or third-party right; and

(f) You shall not use the Services or Device in any manner that could damage, disable, overload, or impair our systems, networks, or Domains.

5. Ownership

5.1 Your Ownership of the Device

You own the Device, including all hardware components delivered to you.

5.2 Our Ownership of the Services

We own the Services, including the Software, the App, our Domains, and all Intellectual Property Rights therein. These Terms do not grant you any ownership rights in the Services, but only the limited license expressly set forth in Section 3.

5.3 Your Media

You retain all rights in and to your Media. You grant us a limited, worldwide, non-exclusive license to host, store, transmit, and display your Media solely as necessary to provide the Services.

5.4 Termination and the Card

Upon termination of your Account, you must erase the Card or otherwise cease all use of the Services.

6. No Warranty or Liability for Device Hardware

Because you own the Device hardware, we provide no warranty for it, we have no liability arising from it, and we do not guarantee its ongoing compatibility with the Software. We are not responsible or liable in any way for the Device hardware or for your Media. Hardware warranties, if any, are provided by the manufacturers of the underlying components.

7. No Backups

We do not back up your Media, and we do not guarantee the availability of your Media on our Services. You are solely responsible for retaining copies of your Media. Loss of Media on our Services does not constitute a breach of the service level agreement in Section 8.

8. Service Level Agreement

8.1 72-Hour SLA

If a problem affecting our Services prevents the display of your Media on a Screen, we will use commercially reasonable efforts to resolve the problem within seventy-two (72) hours from the time you notify us. If we fail to do so, we will credit your Account with one (1) month of subscription Fees at your current price per affected Screen.

8.2 Notification

To claim an SLA credit, you must notify us of the problem in writing, using the support contact methods published at our Domains.

8.3 Exclusions

The SLA applies only to our Services. It does not apply to:

(a) Device hardware;

(b) your hardware, Wi-Fi, or internet connection;

(d) Software updates initiated by you or by us.

8.4 Sole Remedy for SLA

The credit described in Section 8.1 is your sole and exclusive remedy for any failure to meet the SLA.

9. Software Updates

We may, at any time and in our sole discretion, force a Software update on the Device, including to address critical security issues, maintain compatibility, or improve the Services. You acknowledge and agree that such updates may occur without prior notice and may temporarily interrupt the Services or the display of Media.

10. Non-Transferability

10.1 Accounts and Devices

Accounts and the rights granted under these Terms are non-transferable. The Device remains your property and you may dispose of the hardware as you see fit, but your Account, subscription, and license rights cannot be transferred to another party.

10.2 Sale of Business

To keep billing simple, if you sell or transfer your business, the new owner must create a new Account and accept these Terms. The no-refund terms set forth in Section 2.6 continue to apply to the prior owner’s Account.

11. Warranty Disclaimer

THE SERVICES, SOFTWARE, AND DEVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLITE MENU EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT: (A) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.

12. Limitation of Liability and Sole Remedy

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLITE MENU, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE DEVICE.

12.2 Sole Remedy

Due to our low prices, you acknowledge and agree that a prorated refund of subscription Fees incurred (excluding Card costs) is your sole and exclusive remedy for any and all disputes arising out of or relating to these Terms, the Services, or the Device. To the extent permitted by law, you waive your right to settle any such dispute in court or by arbitration.

12.3 Basis of the Bargain

You acknowledge that the pricing of the Services reflects the allocation of risk set forth in this Section 12, and that these limitations are a fundamental element of the basis of the bargain between you and Polite Menu.

12.4 Exceptions

Nothing in this Section 12 limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Polite Menu and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your use of the Services or the Device in violation of these Terms;

(b) your Media;

(d) any breach of your representations or obligations under these Terms.

14. Termination

14.1 Termination by You

You may terminate these Terms at any time by closing your Account in the App. You remain responsible for all Fees incurred prior to termination, subject to the refund terms in Section 2.

14.2 Termination by Us

We may immediately terminate these Terms and suspend or disable your Account and access to the Services if:

(a) you materially breach any provision of these Terms;

(b) you fail to pay any Fees when due;

(d) we are required to do so by law.

14.3 Effect of Termination

Upon termination, (i) your license to use the Services immediately terminates, (ii) you must erase the Card or otherwise cease all use of the Services as set forth in Section 5.4, and (iii) you remain liable for all Fees and other obligations accrued prior to termination.

14.4 Survival

Sections 1, 2.6, 4(d), 5, 6, 7, 10, 11, 12, 13, 14.3, 14.4, 15, and 16 shall survive termination of these Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles. Subject to Section 12.2, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any policies referenced herein, constitute the entire agreement between you and Polite Menu with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

16.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be posted to our Domains with at least thirty (30) days prior notice before taking effect. For existing customers with an active paid subscription, material changes that adversely affect your rights will not take effect until your next renewal date. Changes required for legal, security, or abuse-prevention reasons may be effective immediately. If you do not agree to modified Terms, you may terminate your Account before the renewal date in accordance with Section 14.1.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Polite Menu.

16.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if modification is not possible. The remaining provisions shall continue in full force and effect.

16.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including act of God or government, natural disaster, fire, flood, war, terrorism, pandemic, labour action, network or cloud provider outage, or shortage of transportation, facilities, fuel, energy, labour, or materials.

16.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

16.8 Notices

Notices to you may be delivered by email to the address associated with your Account or by posting to your Account in the App. Notices to Polite Menu must be sent to the contact address published at our Domains.

16.9 Language

The parties agree that these Terms and all related documents be written in English, and that any dispute arising out of these Terms will be resolved in English unless otherwise required by applicable law.

17. Contact

If you have any questions about these Terms, please contact us through the support channels published at our Domains.

Polite Menu Terms of Service