* Emergency Menu Plan

1. OUR WEBSITE AND SERVICES

We provide you the software (the "Software"), that you access remotely via the cloud, that you can use for (a) Menu Board Creation ("Creative(s)"); and (b) Creative Asset Creations (collectively "Creative(s)").

The information, Creative(s) provided when using the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use these Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. USING COMPANY'S CREATIVES

You may utilize the Services and resulting Creatives to the benefit and distribution of/for a Single End User Entity (SEUE). A SEUE is defined as an SINGLE entity which exhibits any or all of the following attributes: separate rooftop, separate front door, separate brand, separate logo, separate menu, or separate service that is distinct and separate from other services within the same parent organization. Examples of "Non Single End User Entity" (NSEUE) entities include shopping malls, strip malls, and vacation resorts with separate and distinct services regardless of ownership.

• The use of a single Company membership to design and manage creatives for multiple brands or entities is prohibited. If your use is determined to fall under the NSEUE category, you may need to change your subscription plan or apply for an Affiliate or Partnership arrangement. Accounts identified as NSEUE may be deactivated without a refund.
• Company is for a separate/single party associated with a SEUE. Unauthorized use for self-enrichment or selling Company products outside a SEUE is forbidden unless under an "Affiliate" or "Partnership" arrangement.
• Organizations wishing to sell products to Company end users must arrange this through a separate "Affiliate" or "Partnership" arrangement.
• Any and all resolutions will be at the exclusive determination of Company.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we retain all right, title, and interest in and to the Services, Software, Website and Creatives, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the Services. These ToS do not grant you any intellectual property license or rights in or to the Services or any of its components, except to the limited extent that these ToS specifically set forth your license rights to it. You recognize that the Services and their components are protected by copyright and other laws.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these ToS;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorized purpose;
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. USER REGISTRATION

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity and agree to comply with these Terms of Service (ToS).
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.
• You agree to keep your password confidential and will be responsible for all use of your account and password.

Account Termination:

• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Username Policy:

• We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Opt-In Clause

By registering with the Services, you agree to opt-in to receive communications from us via email and SMS text messaging. You may opt-out of these communications at any time by following the unsubscribe instructions provided in the communications or by contacting us directly at info@moogx.ai.

6. FEES AND PAYMENT

Company offers free/Basic and paid account options. You can create a free/Basic account ("Basic") without providing any credit card information; however, your access to our Website's features may be limited. Depending on your needs, you may want to access more or all of Company's Services by creating or upgrading to a paid account ("Paid Account"). You can create or upgrade to a Paid Account by signing up for one of Company's subscription plans ("Subscription Plans" and each a "Subscription").

Subscriptions

Fees for Subscriptions ("Subscription Fees") shall be based on a monthly or annual period beginning on the date of first payment and lasting 30 days or 365 days ("Subscription Period"). For example, if you pay your subscription on Jan 1, 2025, your subscription will expire at 12:00 AM on Jan 31, 2025 (monthly) or Dec 31, 2025 (annually). All Subscriptions will be considered "Expired" at midnight on the final day of the Subscription Period.

Accepted Methods of Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• ACH

How to Cancel a Subscription Plan

YOU CANNOT CANCEL YOUR CURRENT SUBSCRIPTION PLAN. However, you can cancel your Subscription Plan with 60 days written notice to prevent your plan from automatically renewing.

All cancellations will take effect at the end of your current Subscription Period.

Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances.

If you are unsatisfied with our services, please email us at info@dsmenu.com or call us at 904-310-4363.

7. STORAGE FEE

If your account/menuboard subscription expires and you subsequently wish to reactivate your accountmenuboard after your expiration date, you will be subject to a Storage Fee. This fee is applied because DSMenu continues to store your digital assets (such as menuboards, designs, and account access) even after your subscription has expired.

To maintain resource accountability, clients returning to access previously stored content must pay:

• A $50.00 Storage Fee, and
• A daily pro-rated subscription fee ("Days in Arrears") for each day between the original expiration date and the reactivation date.

Example

If your monthly Pro subscription for one menu board ($12/month) expired on June 30, and you return to reactivate it on August 30, you will be charged:

• A $50.00 Storage Fee, and
• 61 days × $0.40/day (based on $12.00 ÷ 30 days), totaling $24.40 in Days in Arrears.

Total due at reactivation: $74.40 ($50.00 plus $24.40). (Note: 30 days is used as a billing average regardless of actual month length.)

Your new subscription will begin on the reactivation date.  This policy ensures that all clients contribute fairly to the storage and preservation of their menu boards and/or account and encourages maintaining an active subscription to avoid additional charges.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data, Creatives, or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent, outside of affiliate or partnership arrangements, or purchasing agent to make purchases on the Services, unless previously arranged with Company.
• Use the Services to advertise or offer to sell goods and services.
• Harassment, abusive language, or threats directed toward our support team or service will not be tolerated under any circumstances. Any such behavior may result in immediate and permanent deactivation of your account, without prior notice.
• Use workaround methods to display contents on more screens than subscribed.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these ToS; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these ToS, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. SERVICE LEVEL AGREEMENT (SLA)

DsMenu Service-Level Agreement (SLA) can be found at:

25. OTHER IMPORTANT INFORMATION

These Terms of Service and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and Company. You confirm that you have not relied on any prior or side statement, agreement, or representation, whether these were oral or written, to enter into this agreement with us.

Our failure to exercise or enforce any right or provision of these ToS shall not operate as a waiver of such right or provision. These ToS operate to the fullest extent permissible by law.