* 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

Single End User Entity (SEUE) Definition and Compliance

For the purpose of this Agreement, a Single End User Entity (SEUE) is defined as an individual business location that operates independently and is identified by one or more of the following attributes:

• A separate rooftop or physical address;
• A distinct front entrance or point of access;
• A unique brand name or identity;
• A separate logo or trademark;
• An independent menu, product line, or service offering that differentiates it from other business operations within the same parent organization.

Entities that do not meet the above criteria are considered Non-Single End User Entities (NSEUEs). Examples of NSEUEs include, but are not limited to, shopping malls, strip malls, food courts, and vacation resorts containing multiple distinct businesses or services, regardless of shared or common ownership.

Compliance Requirement

Each DSMenu account, license, or subscription is limited to use by a Single End User Entity (SEUE) only. Use of DSMenu for the benefit of multiple independent entities or services—whether under a single ownership structure or as part of a shared property, complex, or organization—constitutes a violation of this Agreement.

Each distinct SEUE must maintain its own DSMenu account and corresponding subscription license. DSMenu reserves the right to suspend or terminate accounts found to be in violation of this policy and to require separate licensing for each SEUE discovered under shared use.

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:

11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Intellectual Property Ownership and Licensing

All MoogX/DsMenu templates, designs, and digital assets available through our platform are the exclusive property of MoogX/DsMenu and are protected under U.S. and international copyright laws. Users are granted a limited, non-exclusive, revocable license to use MoogX/DsMenu templates only while maintaining an active subscription. Upon termination or expiration of a subscription, users must cease all use of MoogX/DsMenu templates and delete any downloaded or derivative works created using MoogX/DsMenu templates.

Unauthorized Use and Enforcement

Any unauthorized use, reproduction, distribution, or modification of MoogX/DsMenu templates outside the scope of an active MoogX/DsMenu subscription constitutes a violation of MoogX/DsMenu’s intellectual property rights and will be subject to legal action, including but not limited to:

• DMCA Takedown Requests against websites, social media platforms, and print services using MoogX/DsMenu-protected content without authorization.
• Cease-and-Desist Notices for unauthorized commercial use of MoogX/DsMenu templates.
• Legal Claims for Copyright Infringement, seeking damages and injunctive relief where applicable.

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information to locate the material.
• Contact information for the complaining party (address, phone number, email).
• A statement of good faith belief that the material is not authorized for use by the copyright owner.
• A statement, under penalty of perjury, that the information in the notification is accurate.

Counter Notification

If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a Counter Notification to our Designated Copyright Agent.

A Counter Notification must include:

• Identification of the removed material and its previous location.
• A statement consenting to the jurisdiction of the Federal District Court.
• A statement agreeing to accept service of process from the original complainant.
• Your name, address, and telephone number.
• A statement under penalty of perjury that the material was removed due to mistake or misidentification.
• Your physical or electronic signature.

If a valid Counter Notification is received, we will restore the removed material unless the original claimant files a court action within 10 business days.

Termination of Repeat Infringers

MoogX/DsMenu reserves the right to terminate accounts of users who repeatedly violate our intellectual property policies, including unauthorized use of MoogX/DsMenu templates after their subscription ends.

Designated Copyright Agent

MoogX
Attn: Copyright Agent
199 N Arroyo Grande Blvd
Henderson, NV 89074
Email: info@dsmenu.com
Phone: 904-310-4363

12. TERM AND TERMINATION

These ToS shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE ToS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THESE ToS, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION, INCLUDING WITHOUT LIMITATION BREACHES OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE ToS.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION IF WE CONSIDER THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THE ABOVE.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Content or the Services from time to time to comply with new laws or regulations or to update our offerings. We also reserve the right to modify or discontinue all or part of the Services if Company were to close down or if we decide to change Company’s business offering. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services from time to time and will endeavor to give you notice of such changes. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in these ToS will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These ToS and your use of the Services are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these ToS (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration or litigation (as applicable per below). Such informal negotiations commence upon written notice from one Party to the other Party.

For our customers based in the United States, the following will apply:

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, NV. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, NV, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these ToS.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

For our customers based outside of the United States:

If the Parties are unable to resolve a Dispute through informal negotiations as set out in this Section (see Informal Negotiations above), you hereby agree to the exclusive jurisdiction of the courts of Clark County, NV, in relation to any dispute which may arise in connection with these ToS and/or your use and receipt of the Services.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY WEBSITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR COMPANY’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF US$100.

CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these ToS; (4) any breach of your representations and warranties set forth in these ToS; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby agree that you shall independently back up all your data and waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. AFFILIATE GUIDELINES

Preface: MoogX/DsMenu’s pricing model is economical for restaurants and does not lend itself to discounting for an affiliate structure; however, MoogX/DsMenu’s vast inventory of world-class menus is highly attractive to potential affiliate organizations. To support this demand, MoogX/DsMenu has created an Affiliate Model that benefits all parties—allowing affiliates to manage client relationships while ensuring MoogX/DsMenu continues to deliver full-featured service at competitive pricing.

1. Program Overview

The MoogX/DsMenu Affiliate Program is designed to empower affiliates to independently manage and monetize digital menu board solutions while ensuring clients pay for their own accounts. By using a catchall email system, affiliates can efficiently oversee client menus without sacrificing control, ensuring a seamless user experience.

2. Key Features & Benefits

For MoogX/DsMenu

• Direct Full-Paying Clients: Clients pay full price for their menu board templates, contributing to MoogX/DsMenu’s revenue without discounts or shared logins.
• Scalability & Growth: The system allows affiliates to grow their client base without impacting MoogX/DsMenu’s core operations.
• Increased Adoption: Affiliates onboard multiple paying clients, expanding MoogX/DsMenu’s reach organically.
• Equal Access & Support: Every client, regardless of their affiliate relationship, receives the same level of features, management tools, and payment controls as a direct MoogX/DsMenu customer.

For Affiliates

• Independent Client Management: Affiliates control client accounts using a catchall email system (e.g., client@affiliatedomain.com).
• Client Autonomy with Affiliate Oversight: Clients sign up and manage their own menus, but affiliates retain administrative access for support and branding consistency.
• Full Control Without Sacrificing Client Ownership: Affiliates maintain full control over their clients’ MoogX/DsMenu accounts while still allowing clients to have independent menu management and payment control.
• Revenue-Generating Model: Affiliates encourage client self-payment while maintaining control of menu templates, updates, and branding.
• Increased Client “Stickiness” ??: Clients are more likely to stay with the affiliate long-term because the affiliate has ultimate control over their menu boards via the unique email structure ( client@affiliatedomain.com).
• Streamlined Onboarding: No need for manual account creation—clients use a standardized email format for automated affiliate tracking.

3. How the Affiliate System Works

1. Affiliate Signs Up & Registers their client using a catchall email – Example: An affiliate registers client @affiliatedomain.com for their clients. Each new client under this affiliate uses an email formatted as client@affiliatedomain.com.
2. Affiliate Notifies Client:  Affiliate notifies client of their MoogX/DsMenu account and shares login credentials with their client
3. Affiliate Forwards Email: Affiliate receives email notifications on client behalf and forwards to client automatically (must set up for each client email)
4. Client Manges Their Own MoogX/DsMenu Account – The system automatically recognizes the client as part of the affiliate network.
5. Client Purchases Menu Templates Directly – Clients pay MoogX/DsMenu directly for templates and features within their MoogX/DsMenu portal.
6. Affiliate Maintains Administrative Control – Affiliates have full access to client accounts while still allowing client autonomy.
7. Affiliates Scale Their Business Without Operational Overhead – Clients automatically integrate into the affiliate system.
8. MoogX/DsMenu Emails and Notices: Are delivered to the client@affiliatedomain.com email

4. Terms & Conditions

• Account Management: Affiliates must not misuse their control to restrict client access or alter pricing.
• Revenue Structure: MoogX/DsMenu receives full client payments; affiliates generate revenue through client acquisition and upsell services.
• Compliance: Affiliates must adhere to MoogX/DsMenu’s policies to ensure ethical and fair use.
• Catchall Email Usage: Affiliates must register and maintain a dedicated domain for client management.
• Equal Treatment Across the Platform: MoogX/DsMenu ensures that every client receives the same level of features and support.

5. Marketing Message for Affiliates

• Offer state-of-the-art digital menus to your clients while retaining full management control.
• Let clients pay for their own menu templates while you maintain oversight.
• Maintain full control over your clients’ MoogX/DsMenu accounts without sacrificing total ownership.
• Increase "stickiness"—clients stay with you because of the unique email structure tying them to your ecosystem.
• Scale your business without the hassle of handling subscriptions or technical support—MoogX/DsMenu does it for you!

6. Termination Clause

• MoogX/DsMenu reserves the right to terminate affiliate programs at any time for non-compliance, poor performance, or any activities that harm our brand or reputation, or violate the Terms of Service.
• Client accounts remain property of MoogX/DsMenu.