menu

Terms of Service

Last updated: 2026-05-13

These Terms of Service ("Terms") govern your use of the menu service (the "Service") provided by Nine Pound Hammer LLC ("we", "us", "our"), operating under the 1prairie brand. By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

menu is an AI-assisted menu-authoring product for independent restaurants, bars, cafes, food trucks, etc. The Service lets you upload menu source material (photos, PDFs, text), have it structured and described by AI, and publish a mobile-optimized menu page hosted by us at a public URL of your choosing.

The Service is currently delivered as a web application. Native iOS and Android applications may be made available in the future and, when they are, these Terms will apply to them on the same basis.

2. Eligibility

You must be 18 years of age or older to create an account. By creating an account on behalf of a business, you represent that you have authority to bind that business to these Terms.

The Service is optimized for single-location independent restaurants. It is not intended for, and we make no representations about its suitability for, chains, franchises, or high-volume hospitality operations.

3. Accounts and collaborators

You are responsible for the security of your account credentials and for all activity that occurs under your account. Notify us promptly at support@1prairie.com if you suspect unauthorized access.

4. Subscription, free trial, and billing

4.1 Free trial

New accounts begin with a 14-day free trial. No credit card is required to start the trial. You may use the full feature set during the trial, including publishing a live menu.

4.2 Paid subscription

Continued use of the Service after the trial requires an active paid subscription. The published price for the monthly plan is $4.99 USD per month, with an annual option offered at a discount. Prices may change with notice; changes will not apply to a paid billing period already in progress.

4.3 Payment processor

Billing is processed by Stripe, Inc. We do not store your payment card details. Your use of Stripe is subject to Stripe's own terms and privacy policy.

4.4 Auto-renewal

Paid subscriptions renew automatically at the end of each billing period (monthly or annual) until you cancel. By subscribing, you authorize us to charge your stored payment method on each renewal.

4.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access to paid features through that period.

4.6 Refunds

Subscription fees are generally non-refundable, including for partial billing periods. We may, at our discretion, offer prorated refunds in cases of extended Service outage or other equitable circumstances.

5. Published-menu commitment

If you have an actively published menu and your payment fails, we will not immediately take your live menu page offline. Instead, we will:

  1. Attempt to reach you by email at the address of record;
  2. Allow a grace period during which the published menu remains live; and
  3. Suspend access to the authoring tools (including the ability to publish updates) only after the grace period elapses without resolution.

Your published menu page will remain online during this period because we recognize that diners and search engines have already been pointed at the URL. This commitment does not apply where we are required to take a menu offline because of:

  • A material breach of these Terms (including §6);
  • A legal demand or court order;
  • Confirmed fraud, chargeback abuse, or attempted payment evasion; or
  • Content that we reasonably believe is illegal, infringing, or harmful.

6. Acceptable use

You agree not to use the Service to:

  • Publish menus for goods that are illegal where they are offered (including non-licensed sales of regulated items);
  • Publish content that infringes the intellectual-property, publicity, or privacy rights of others (including unlicensed dish photography, copyrighted text, or third-party brand assets);
  • Misrepresent the identity, location, or ownership of a restaurant;
  • Send spam, harvest data, or scrape the Service;
  • Abuse the AI-powered features by submitting content unrelated to legitimate menu authoring, or by attempting to elicit content that violates these Terms or our AI provider's terms;
  • Probe, scan, or attempt to breach the security of the Service or interfere with its operation; or
  • Resell, rent, or sublicense the Service to third parties.

We may suspend or terminate accounts for violations of this section.

7. AI-generated content

The Service uses third-party AI models (currently the Google Vertex AI platform, including Gemini-family models and, where appropriate, additional models accessed through Vertex Model Garden) to extract, structure, and describe content from materials you upload.

7.1 Ownership

You retain ownership of the menu content you upload and of the structured menu we generate from your inputs at your direction. Output produced by the AI on your behalf, once reviewed and accepted by you, is yours to use.

7.2 AI errors are your responsibility to catch

AI models can produce inaccurate, incomplete, or fabricated output, including (but not limited to) incorrect prices, mistranslated item names, hallucinated ingredients, and incorrect allergen or dietary tags. You are solely responsible for reviewing and correcting any AI-generated content before publishing it to the public. Allergen and dietary tagging mistakes can have real consequences for diners with food allergies or intolerances; you must verify these against your kitchen's actual practices before publishing.

We make no warranty that AI-generated output is accurate, fit for any particular purpose, or compliant with food-labeling laws in your jurisdiction.

7.3 No model training on your content

We pass your content through our AI provider under enterprise terms that do not permit your prompts or outputs to be used to train the provider's foundation models. This commitment is dependent on our provider's published enterprise terms, which we will update these Terms to reflect if they materially change.

8. License grant from you to us

You grant us a worldwide, non-exclusive, royalty-free license to host, transmit, reproduce, modify (including by image processing, OCR, and AI parsing), translate, and publicly display the content you upload — solely as necessary to operate the Service for you, including by hosting your published menu page at the URL of your choosing.

You warrant that you have all rights necessary to grant this license. In particular, you warrant that you own or have permission to use any photographs, logos, menu text, or other materials you upload. If a third party validly claims that material you uploaded infringes their rights, you will indemnify us as described in §14.

This license terminates when you delete the corresponding content from the Service or close your account, subject to §11 below.

9. Diner data on published menus

Your published menu page is a public webpage. It does not request personally identifying information from diners and does not place tracking cookies on diners' devices for any purpose other than basic operation. We count aggregate, non-identifying impressions of your published page for analytics. See our Privacy Policy for details. You remain responsible for compliance with consumer-privacy obligations that may apply to your restaurant on its own.

10. Your restaurant content remains yours

Subject to the license in §8, all menu content, photos, and brand materials you upload remain your property. We do not claim ownership of your menu, and we do not sell, license, or share your menu content with third parties for advertising or marketing purposes.

11. Data deletion and post-cancellation

When you cancel your subscription:

  • Your published menu page will remain accessible for a transitional period of up to 30 days after cancellation, to allow you to redirect diners and update printed materials. After that, the page is taken offline and any custom domain attached is released.
  • Your menu data, uploaded source files, and account record are retained for an additional 30 days in case you wish to reactivate.
  • After 60 days post-cancellation, we will delete your menu content, uploaded source files, and account data, except where retention is required by law (for example, financial records).

You may request earlier deletion by writing to support@1prairie.com. You may also export your structured menu data at any time before deletion through the authoring tools.

12. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR FIT FOR ANY PURPOSE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow exclusion or limitation of certain damages; if you live in such a jurisdiction, the limitations above apply to you only to the extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Nine Pound Hammer LLC and its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your menu content, including allergen and ingredient information presented to diners;
  • Your use of the Service in violation of these Terms;
  • Your violation of any third-party right (including intellectual-property, publicity, or privacy rights); or
  • Your violation of any applicable law or regulation.

15. Term and termination

These Terms apply for as long as you have an account with us. We may suspend or terminate your account for material breach of these Terms (including §6), for non-payment beyond the grace period in §5, or if we discontinue the Service. You may terminate at any time by canceling your subscription and closing your account.

Sections that by their nature should survive termination (including §§7–14, §16, and §17) will survive.

16. Changes to these Terms

We may update these Terms from time to time. When we make a non-trivial change, we will notify you by email at the address of record and through an in-app notice, at least 30 days before the change takes effect for existing customers, except where a shorter period is required by law. Continued use of the Service after the effective date constitutes acceptance.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not subject to arbitration under §17.1.

17.1 Arbitration and class-action waiver

Counsel review required. The arbitration and class-action provisions below are standard for U.S. B2B SaaS but should be reviewed against the legal entity's actual venue and the consumer-arbitration enforceability rules in any state where customers will be acquired.

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may bring an individual claim in small-claims court. You and we each waive any right to a jury trial and to participate in a class action or representative proceeding. The arbitrator may not consolidate claims and may not preside over any class proceeding.

This section does not prevent either party from seeking injunctive relief in court for infringement of intellectual-property rights.

18. Miscellaneous

  • Entire agreement. These Terms (together with the Privacy Policy) are the entire agreement between you and us about the Service and supersede any prior agreements on this subject.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

19. Contact

Questions about these Terms? Email us at support@1prairie.com.

Nine Pound Hammer LLC (operating under the 1prairie brand)