GlossPlate Terms of Service
Effective date: July 16, 2026 · Last updated: August 12, 2026
These Terms of Service (the "Terms") are a binding legal agreement between GlossPlate, Inc., a Delaware corporation ("GlossPlate," "we," "us," or "our"), and the restaurant, cafe, or other food-service business that registers for or uses the Service ("you," "your," or "Customer"). By clicking "I agree" (or a similar control), creating an account, starting a free trial, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is a separate document available at https://glossplate.com/privacy and is incorporated into these Terms by reference (Section 21).
PLEASE READ CAREFULLY. Section 22 contains a binding individual-arbitration agreement and a waiver of class actions and jury trials. You may opt out of arbitration within 30 days as described in Section 22.6.
RECURRING BILLING. Your subscription is on automatic monthly renewal at US$99 per month. Before you are charged, the recurring price, the free-trial terms, and how to cancel are presented clearly and conspicuously in Stripe Checkout, where you must take an affirmative action — clicking to start your subscription or trial — to enroll, in addition to your agreement to these Terms. See Section 5.
If you do not agree to these Terms, do not access or use the Service.
If you are entering into these Terms on behalf of a business, you represent and warrant that you are at least 18 years old and are authorized to bind that business to these Terms, and "you," "your," and "Customer" refer to that business. The Service is intended for businesses only and is not directed to consumers.
1. Definitions
1.1. "Service" means the GlossPlate software-as-a-service platform, including the website at https://glossplate.com, the account dashboard, the AI photo-enhancement tools, the interactive digital menus, the QR-code table menu, the TV/cafe-screen display mode, and all related features, applications, and documentation we make available.
1.2. "Customer," "you," or "your" means the restaurant, cafe, or other food-service business that holds a GlossPlate account, and any individual who accesses the account on the business's behalf.
1.3. "Guest" means a diner or other end user who views a Customer's digital menu, for example by scanning a QR code at a table or viewing a screen display. Guests are not parties to these Terms.
1.4. "Customer Content" means the dish photos, dish names, descriptions, prices, restaurant profile information, and any other content that you upload to or submit through the Service.
1.5. "Enhanced Content" means the outputs the Service generates from Customer Content, including (a) honestly retouched versions of your own real photographs and (b) AI-generated images, videos, "living photo" motion effects, and 360-degree spins.
1.6. "Subprocessor" means a third-party service provider we use to help operate the Service, as identified in the Privacy Policy.
1.7. "GlossPlate Parties" means GlossPlate and its officers, directors, employees, agents, and service providers.
2. The Service
2.1. What GlossPlate does. GlossPlate is a business-to-business ("B2B") software-as-a-service platform that turns a restaurant's own dish photos into glossy, magazine-quality interactive digital menus, delivered through a QR code shown at the table and a TV/cafe-screen display mode.
2.2. AI photo enhancement. The core feature is AI-driven enhancement of the restaurant's own uploaded photos. This is an honest retouch: we clean or replace the photo background to an editorial style and apply a light gloss or light mask to the food. We do not alter the actual dish — the plate, ingredients, portion, garnish, count, color, and texture are left untouched. The Service also offers an optional free "living photo" motion effect, and a premium 360-degree spin built from four real photographed angles of the dish.
2.3. Honest enhancement. The Service does not invent dishes. Retouching starts from a photograph you took of a dish you actually serve, and the Service does not add, remove, or substitute ingredients, change the portion, or otherwise alter the food itself. Content is generated rather than photographed only where you explicitly choose to generate it, so you always know which of the two categories in Section 2.4 a given dish uses.
2.4. Two categories of imagery. These Terms treat the two categories of imagery differently:
- (a) Retouched real photos. These are represented to correspond to your own original uploaded photograph, edited only in the manner described in Section 2.2 — that is, faithful to the photo you provided. This is not a guarantee of the dish exactly as prepared or served on any particular occasion.
- (b) AI-generated imagery. This is a stylized illustration for presentation and is not, and should not be relied upon as, an exact depiction of any dish as served.
You choose which category each dish uses, you can see which category applies before approving the dish, and no image of either category reaches a Guest until you approve it. See Section 11 (Menu Accuracy, Allergen Disclaimer, and Your Approval).
2.5. Guest ordering and payments (optional, via your POS). The Service allows a Guest to build a "cart" or selection to show to a waiter or cashier. Where the Customer has connected a supported point-of-sale provider (e.g., Square) and enabled payments, a Guest may additionally submit that selection as an order and pay for it on the POS provider's own hosted checkout page. In that case: (a) the order is transmitted into the Customer's POS account and the payment is processed by the POS provider under the Customer's own merchant agreement with that provider; (b) funds settle directly with the Customer — GlossPlate never receives, holds, or transmits Guest funds, and takes no commission; (c) GlossPlate never collects or stores Guest payment-card data — card details are entered only on the POS provider's pages; (d) GlossPlate does not create Guest accounts; and (e) any transaction, order, sale, payment, refund, or dispute between a Customer and its Guests is solely between the Customer, the Guest, and the POS provider — GlossPlate is not a party to it, is not a payment processor or money transmitter, and bears no responsibility for it. With payments off (or no POS connected), the cart remains a convenience feature only.
2.6. Changes to the Service. We may modify, add, or discontinue features of the Service from time to time. We will provide reasonable notice of material changes that adversely affect your use of the Service. Your continued use after a change takes effect constitutes acceptance of the change.
3. Eligibility and Accounts
3.1. Eligibility. The Service is available only to businesses. The individual who registers must be at least 18 years old and authorized to bind the Customer business.
3.2. Account registration. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are responsible for all activity that occurs under your account and for any team members you add.
3.3. Account security. You are responsible for safeguarding your login credentials. We store passwords only in hashed form (using bcrypt) and never store plaintext passwords. You agree to notify us promptly at [email protected] of any unauthorized use of your account or any other security breach.
3.4. Team members. You may add team members to your account. You are responsible for their compliance with these Terms and for the names and email addresses you submit for them.
4. Free Trial
4.1. Three-day trial. New Customers may be offered a three (3) day free trial of the Service.
4.2. Payment card required. A valid payment card is required to start the trial. Your card is collected securely through Stripe Checkout at sign-up.
4.3. Automatic conversion. Unless you cancel before the trial ends, your trial will automatically convert into a paid, auto-renewing subscription and your payment card will be charged the subscription fee. Before your trial converts, we will send you a reminder that includes cancellation instructions (Section 5.4).
4.4. Evaluation window. The three-day trial is your evaluation window. Because you can evaluate the Service during the trial and cancel before being charged, fees for a paid period are non-refundable as described in Section 6.
5. Subscription, Pricing, and Automatic Renewal
5.1. Plan and price. The Service is offered under a single, all-inclusive plan for US$99 per month.
5.2. Auto-renewal — clear and conspicuous disclosure. Your subscription automatically renews every month. By starting a paid subscription (including by allowing a free trial to convert), you authorize GlossPlate, through our payment processor Stripe, to charge your payment card US$99 each month on a recurring basis until you cancel. The charge recurs automatically at the start of each monthly billing period, at the then-current price, without further action by you.
5.3. Affirmative consent and records of acceptance. Your consent to the recurring US$99/month charge and automatic renewal is obtained at checkout through Stripe Checkout, which presents the recurring price, the free-trial terms, and the cancellation terms clearly and conspicuously and requires your affirmative action — clicking to start your subscription or trial — to enroll. This is in addition to, and separate from, your general acceptance of these Terms. When you accept these Terms at sign-up, GlossPlate records and retains the version accepted, the date and time (timestamp), and the IP address associated with the acceptance.
5.4. Pre-charge reminders. We will send you a reminder before your free trial converts to a paid subscription, and before any price change takes effect, each of which will include instructions on how to cancel. These reminders are provided in addition to the transactional and lifecycle emails described in the Privacy Policy.
5.5. How to cancel — easy, self-service. You may cancel at any time from the in-app billing page. Cancellation is self-service and does not require you to contact us or take any step more burdensome than the steps you took to subscribe. Cancellation stops all future charges. Your access to the Service continues until the end of the current paid period, after which it ends.
5.6. When to cancel to avoid a charge. To avoid being charged for the next billing period (or, during a trial, to avoid the first charge), you must cancel before that period begins (or before the trial ends).
5.7. Price changes. We may change the subscription price or introduce new fees. We will give you advance notice of any price change (see Section 5.4), and the new price will apply to billing periods beginning after the notice period. If you do not agree to a price change, you may cancel before it takes effect.
5.8. Taxes. Fees are exclusive of any applicable taxes, which you are responsible for unless we are required to collect them.
5.9. Compliance with automatic-renewal laws. We provide the disclosures in this Section, obtain your separate affirmative consent to the recurring charge, send the pre-charge reminders described above, and offer easy self-service cancellation in order to comply with applicable US automatic-renewal laws, including the California Automatic Renewal Law and applicable federal (FTC) rules governing free-trial and negative-option offers.
6. Refunds
6.1. No refunds. Except where a refund is required by applicable law, all fees are non-refundable. The three-day free trial is your opportunity to evaluate the Service. Canceling stops future billing, but the current billing period is non-refundable and no partial or prorated refunds are given.
7. AI Generations and Metered Balance
7.1. Included generations. Your plan includes AI generations delivered as a metered, accumulating balance, consisting of a starting bundle plus a monthly top-up that is added to your balance.
7.2. When the balance is exhausted. If your balance of AI generations is exhausted, generation pauses until the balance refreshes (with the next monthly top-up) or until you buy an optional top-up pack.
7.3. No surprise charges. Your account is never charged beyond the US$99 monthly subscription unless you make an explicit purchase, such as buying an optional top-up pack.
8. Customer Content, Ownership, and License
8.1. You own your content. As between you and GlossPlate, you retain all ownership rights in your Customer Content.
8.2. Ownership and rights warranty. You represent and warrant that you own, or have obtained all necessary rights, licenses, consents, and permissions to, every photo and item of Customer Content you upload, and that your Customer Content and our authorized use of it do not and will not infringe or violate any third-party rights, including any copyright, trademark, trade secret, or right of publicity or privacy. You may not upload any photo you did not take or do not own or otherwise have the rights to.
8.3. License to GlossPlate. You grant GlossPlate a limited, worldwide, non-exclusive, royalty-free license to host, store, process, AI-enhance, reproduce, and publicly display your Customer Content and the resulting Enhanced Content solely to operate and provide the Service, including to display your menus to your Guests. This license is conditioned on your approval of each dish under Section 11.5; you must not cause Enhanced Content to be shown to Guests through the Service without approving it, and you must not circumvent or automate around the approval step. This license ends when you delete the relevant Customer Content or close your account, except for content retained in backups for a limited period as described in the Privacy Policy and except to the extent already shared with Subprocessors as needed to provide the Service.
8.4. Enhanced Content — ownership and grant-back to you.
- (a) Your rights in Enhanced Content. As between you and GlossPlate, you own, and to the extent any rights in Enhanced Content would otherwise vest in GlossPlate, GlossPlate grants you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, display, and distribute, the Enhanced Content generated from your own Customer Content, including for uses outside the Service (such as print menus, social media, and third-party delivery platforms).
- (b) Copyrightability disclaimer. You acknowledge that, under current U.S. Copyright Office guidance, purely AI-generated portions of Enhanced Content may not be protectable by copyright. All Enhanced Content is provided "as is," without warranty as to its protectability, ownership status, or fitness for any purpose.
- (c) Survival. Your rights under this Section 8.4 in Enhanced Content already generated survive any termination or expiration of these Terms, subject to Section 8.2 (your underlying content warranties) and the deletion practices described in the Privacy Policy.
8.5. AI processing by subprocessors. Enhanced Content is generated using third-party AI Subprocessors identified in the Privacy Policy. Their processing of your Customer Content is governed by our agreements with those providers and by the Privacy Policy. The Privacy Policy is the controlling statement of what those providers may and may not do with your content, including any limits on using it to train models; you should review it and rely on it rather than any general statement in these Terms.
8.6. Marketing use of your content.
- (a) Anonymized examples (opt-out). GlossPlate may feature anonymized, de-identified examples of menus and Enhanced Content in its marketing on an opt-out basis. You may opt out at any time by contacting [email protected].
- (b) Identifiable or branded use (opt-in). GlossPlate will not use your name, logo, trademarks, or otherwise identifiable menus in its marketing, or as a public reference or testimonial, without your prior opt-in consent. You may decline, and may revoke a previously given opt-in consent prospectively, at any time by contacting [email protected].
9. Acceptable Use
9.1. You agree not to, and not to permit anyone to:
- (a) upload or use any content that is illegal, infringing, stolen, or that you did not take or do not own or have the rights to use;
- (b) upload content that infringes or violates any third party's copyright, trademark, privacy, publicity, or other rights;
- (c) use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
- (d) attempt to break, disrupt, disable, overburden, or impair the Service or its infrastructure;
- (e) scrape, crawl, harvest, or use automated means to access the Service except as expressly permitted;
- (f) reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
- (g) resell, sublicense, or provide the Service to third parties except to your own Guests as intended; or
- (h) otherwise misuse the Service or use it in violation of these Terms or applicable law.
9.2. We may investigate suspected violations and may remove content or suspend or terminate accounts as described in Sections 15 and 20.
10. Guest Interactions and Analytics
10.1. Guests scan a QR code or view a screen to browse a Customer's menu. There are no Guest accounts and no Guest payments are collected through the Service.
10.2. Guest interactions are limited to minimal, aggregate analytics, such as menu opens, dish views, and QR scans, together with technical information such as device or browser type, IP address, and approximate (coarse) location, and cookies for session, theme, and language. These analytics are described further in the Privacy Policy.
11. Menu Accuracy, Allergen Disclaimer, and Your Approval
This Section is important. Please read it carefully.
11.1. How to treat the imagery. Consistent with Section 2.4, retouched real photos are represented to correspond to your own original photograph and are not a guarantee of the dish exactly as served, and AI-generated imagery is a stylized illustration and not an exact depiction of any dish as served. Regardless of category, imagery is a visual presentation aid and does not convey ingredients, allergens, or preparation.
11.2. You are solely responsible for menu accuracy. As the restaurant, you are solely responsible for the accuracy of all menu information you publish through the Service, including dish descriptions, prices, ingredients, allergens, nutrition and health claims, dietary information, and availability.
11.3. GlossPlate disclaims responsibility for menu content. GlossPlate is not responsible for the accuracy of your menu information and disclaims all liability for any allergen, health, dietary, nutrition, or consumer-protection claims, disputes, injuries, or damages arising from or relating to a restaurant's menu content. You are responsible for ensuring your menu information complies with all applicable food-safety, labeling, allergen-disclosure, and consumer-protection laws.
11.4. Guest reliance. Guests should not rely on Enhanced Content or AI imagery as an exact representation of a dish. Any questions about ingredients, allergens, or preparation should be directed to the restaurant.
11.5. Your approval is the accuracy control. No dish and no image is shown to a Guest automatically. Every dish remains in a private state — draft, generating, or review — until you approve it in your GlossPlate cabinet, and dishes brought in from a point-of-sale system or an imported menu arrive unapproved in exactly the same way. Approving a dish is the only way it becomes visible on your guest menu.
You approve a dish in your GlossPlate cabinet or in the GlossPlate app. The web cabinet additionally asks you to enlarge the result and tick a confirmation before it will publish; where the image is a retouch of your own photograph, it shows you that original alongside it. However you approve, by approving a dish you represent that the image corresponds to the dish you actually serve and that the dish's name, description, ingredients, allergens, nutrition information, price, and availability are accurate and complete. GlossPlate records each approval — the approving account, the dish, the image approved, where you approved it, and the time — and may rely on that record, including in response to a Guest complaint, a regulator, or a claim under Section 18.
Approval is a continuing obligation, not a one-time act, and is a condition of the license granted in Section 8.3. If a dish's recipe, ingredients, allergens, plating, price, or availability changes, you must update the dish and approve it again before continuing to display it. Regenerating the image of a live dish returns that dish to review, so an image you have not approved is not shown to Guests.
Point-of-sale synchronisation. If you connect a point-of-sale provider under Section 2.5, item names, prices and availability you change in that POS account flow through to your GlossPlate menu automatically, without a further approval step — that is the purpose of connecting it. You remain solely responsible for the accuracy of what you publish through the connection, and the data you maintain in your POS account is your menu content for the purposes of this Section 11 and of Section 18. Images are never changed by that synchronisation; only your approval publishes an image.
GlossPlate does not display any accuracy, allergen, or "images are stylized" notice to your Guests on your behalf, and you must not rely on the Service to make any disclosure that the law requires you to make. You alone determine what allergen, ingredient, calorie, price, and other disclosures your menu must carry in your jurisdiction, and you alone are responsible for making them — on your menu, on your premises, or through your staff. You may place such disclosures on your GlossPlate menu at any time, including in each dish's description.
12. Payment Processing
12.1. Stripe. Payments are processed by Stripe, Inc. ("Stripe"). By providing payment information, you authorize us and Stripe to charge your payment method for the fees described in these Terms, and you agree to Stripe's applicable terms.
12.2. Card data. We do not store full card numbers; Stripe stores card data. We retain only limited billing metadata, such as card brand, the last four digits, expiration date, subscription status, and invoices, as described in the Privacy Policy.
13. Intellectual Property
13.1. GlossPlate IP. The Service, including its software, design, text, graphics, logos, and the "GlossPlate" name and marks, is owned by GlossPlate and protected by intellectual-property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in the Service.
13.2. Feedback. If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
14. DMCA and Copyright Complaints
14.1. Policy. We respect intellectual-property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.
14.2. Designated Copyright Agent. GlossPlate has designated a Copyright Agent to receive notices of claimed infringement. Notices must be sent to:
GlossPlate Copyright Agent
GlossPlate, Inc.
c/o Legalinc Corporate Services Inc.
131 Continental Drive, Suite 305
Newark, DE 19713, USA
Email: [email protected] (attn: Copyright Agent)
14.3. Contents of a takedown notice. A notice under § 512(c) must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to locate it; (c) your contact information (name, address, telephone, email); (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf; and (f) your physical or electronic signature.
14.4. Counter-notification (§ 512(g)). If your material was removed or disabled, you may submit a written counter-notification to the Copyright Agent above containing: (a) your physical or electronic signature; (b) identification of the removed material and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district of your address (or, if outside the United States, any judicial district in which GlossPlate may be found) and that you will accept service of process from the party who submitted the takedown notice or its agent. Upon receipt of a compliant counter-notification, we may restore the material in not less than 10 and not more than 14 business days, unless the original complainant first notifies us that it has filed an action seeking a court order to restrain the allegedly infringing activity.
14.5. Repeat-infringer policy. GlossPlate has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of repeat infringers. An account is considered a repeat infringer if it is the subject of two (2) or more substantiated notices of infringement within any rolling twelve (12) month period, or if it re-uploads content that was previously removed pursuant to a valid takedown for the same or substantially similar content. Repeat-infringer accounts may be suspended or terminated without refund, and GlossPlate may terminate any account for even a single instance of egregious or willful infringement.
15. Suspension and Termination
15.1. By you. You may cancel your subscription at any time from the in-app billing page (Section 5.5) and may close your account as described in the Privacy Policy.
15.2. By us. We may suspend or terminate your access to the Service, in whole or in part, if: (a) you fail to pay fees when due (including a failed renewal charge); (b) you breach these Terms; (c) your use poses a security, legal, or operational risk; or (d) we are required to do so by law. Where practicable and appropriate, we will provide notice.
15.3. Effect of termination. Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination survive, including Sections 8.2, 8.4, 11, 13, 16, 17, 18, 19, 21, 22, 23, and 24 through 31.
15.4. Data after termination. Following account closure, we handle your data as described in the Privacy Policy, including retention for the periods stated there and deletion on request.
16. Disclaimer of Warranties
16.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory. To the maximum extent permitted by law, GlossPlate disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
16.2. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any AI output will be accurate, complete, or suitable for any particular purpose. You use the Service and rely on any output at your own risk.
17. Limitation of Liability
17.1. Exclusion of indirect damages. Subject to Section 17.4, and to the maximum extent permitted by law, GlossPlate will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
17.2. Cap on liability. Subject to Section 17.4, and to the maximum extent permitted by law, GlossPlate's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to GlossPlate in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) US$1,188 (an amount equal to twelve months of subscription fees).
17.3. Application. Subject to Section 17.4, these limitations apply to all claims, whether based in contract, tort, statute, or otherwise, and form an essential basis of the bargain between you and GlossPlate.
17.4. Exceptions to the limitations. Nothing in Sections 17.1 through 17.3 (or elsewhere in these Terms) limits or excludes liability for, and the cap and exclusions above do not apply to: (a) death or personal injury caused by GlossPlate's negligence; (b) GlossPlate's fraud or willful misconduct; (c) your indemnification obligations under Section 18 (which are not subject to the cap in Section 17.2, as further stated in Section 18.2); or (d) any liability that cannot be limited or excluded under applicable law. Where an exception applies, liability is determined under applicable law. For clarity, GlossPlate's own indemnity under Section 18.5 remains subject to the cap in Section 17.2.
18. Indemnification
18.1. General indemnity by Customer. You agree to defend, indemnify, and hold harmless the GlossPlate Parties from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Content; (b) your use of the Service; (c) your menu content, including any allergen, health, dietary, nutrition, or consumer-protection claim; (d) any transaction between you and your Guests; or (e) your breach of these Terms or violation of any law or third-party right.
18.2. Uncapped indemnity for Guest and third-party injury and allergen claims. Without limiting Section 18.1, you will defend, indemnify, and hold harmless the GlossPlate Parties from and against any and all third-party claims, including Guest claims and claims for personal injury, illness, death, or allergic reaction, arising out of or relating to your Customer Content, your menu content (including ingredient, allergen, nutrition, health, dietary, and availability information), or any Enhanced Content or images displayed to your Guests. This indemnification obligation is not subject to any limitation of liability or cap in these Terms, including the cap in Section 17.2.
18.3. Product-safety condition. As a continuing condition of the Service, you must review and approve each dish as described in Section 11.5 before it is shown to Guests, keep approved dishes accurate and re-approve them when they change, and make any allergen or other disclosure the law requires of you. You must not circumvent, automate around, or otherwise defeat the approval step. Your failure to comply does not relieve you of any indemnification obligation.
18.4. Procedure. GlossPlate will promptly notify you of any claim subject to indemnification, and you will control the defense and settlement with counsel reasonably acceptable to GlossPlate, provided that (a) GlossPlate may participate with its own counsel at its expense, and (b) you may not settle any claim in a manner that imposes any obligation or admission on a GlossPlate Party without its prior written consent.
18.5. Limited IP indemnity by GlossPlate. GlossPlate will defend you against a third-party claim alleging that the Service, excluding Customer Content and any Enhanced Content derived from Customer Content, directly infringes that third party's United States patent, registered copyright, or trademark, and will pay damages finally awarded against you (or amounts in a GlossPlate-approved settlement), subject to the exclusions below. If the Service is, or in GlossPlate's opinion may become, subject to such a claim, GlossPlate may, at its option and expense: (i) procure the right for you to continue using the Service; (ii) modify or replace the allegedly infringing portion; or (iii) terminate the affected Service and refund any prepaid, unused fees. This Section 18.5 does not apply to claims arising from Customer Content, Enhanced Content, combinations of the Service with items not provided by GlossPlate, modifications not made by GlossPlate, or use of the Service in violation of these Terms. GlossPlate's total liability under this Section 18.5 is subject to the cap in Section 17.2, and this Section states your sole and exclusive remedy, and GlossPlate's entire liability, for any third-party intellectual-property claim relating to the Service.
19. Insurance
19.1. Customer coverage. You will, at your own expense, obtain and maintain, throughout your use of the Service, commercial general liability insurance and, where applicable to your business, product/products-completed-operations liability insurance, in commercially reasonable amounts appropriate to a food-service business and in no event less than any amounts required by applicable law.
19.2. Additional insured. Upon GlossPlate's request, you will name GlossPlate, Inc. as an additional insured on the foregoing policies and provide certificates of insurance evidencing the required coverage. This insurance requirement is in addition to, and does not limit, your indemnification obligations under Section 18.
20. Content Monitoring and Removal
20.1. We may, but are not obligated to, monitor Customer Content and Enhanced Content. We may remove or disable content that we reasonably believe violates these Terms, infringes third-party rights, or exposes us or others to liability.
21. Privacy
21.1. One canonical Privacy Policy. Our collection, use, disclosure, retention, and protection of personal information are governed by the GlossPlate Privacy Policy, a separate document available at https://glossplate.com/privacy, which is the single controlling privacy disclosure for the Service and is incorporated into these Terms by reference. To avoid conflicting statements, these Terms do not restate the full privacy disclosures; the Privacy Policy controls.
21.2. Non-controlling summary. For convenience only (and subordinate to the Privacy Policy, which controls in the event of any conflict), the Privacy Policy addresses, among other things: the categories of information we collect and why (account details; restaurant profile; uploaded content and Enhanced Content; limited payment metadata held by us with card data stored by Stripe; usage and analytics; and communications); that we do not sell or share personal information, including for cross-context behavioral advertising (CCPA/CPRA); the third-party Subprocessors we use (including Stripe, Google LLC (Gemini/Veo), fal.ai, Anthropic, Resend, Cloudflare, Inc., and Fly.io) and what they may do with your content; US hosting and backup of all data; security (TLS in transit, hashed passwords, access controls); specific retention periods and criteria by data category; your rights (access, correct, delete, opt out) exercisable at [email protected]; the CCPA/CPRA and GDPR/UK notices; and that the Service is not directed to individuals under 18 or to children.
22. Dispute Resolution; Binding Arbitration; Class-Action and Jury-Trial Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR TO HAVE A DISPUTE HEARD BY A JURY.
22.1. Informal resolution first. Before initiating arbitration, you and GlossPlate agree to try in good faith to resolve any dispute informally by sending a written description of the dispute to [email protected] and allowing 60 days to resolve it.
22.2. Binding individual arbitration. Except for the claims described in Section 22.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where you are a sole proprietor treated as a consumer, its Consumer Arbitration Rules), before one arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The seat of arbitration is Delaware, USA; the arbitration may be conducted by videoconference or, where required by the applicable AAA rules for a consumer, in the county where you reside.
22.3. Class-action waiver. All disputes must be brought in each party's individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
22.4. Jury-trial waiver. To the extent any dispute proceeds in court rather than arbitration, each party knowingly and voluntarily waives any right to a trial by jury.
22.5. Carve-outs. Notwithstanding this Section, either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in the courts identified in Section 23 to protect its intellectual property or address unauthorized access to, use of, misuse of, or infringement relating to the Service. Seeking such relief does not waive the right to arbitrate any other dispute.
22.6. 30-day right to opt out. You may opt out of this arbitration agreement (Sections 22.2 through 22.4) by emailing [email protected] within 30 days after you first accept these Terms, stating your account name and your intent to opt out of arbitration. Opting out affects only these arbitration provisions and does not affect any other part of these Terms.
22.7. Costs. Arbitration fees are governed by the applicable AAA rules. Where you are a sole proprietor treated as a consumer under the AAA Consumer Arbitration Rules, GlossPlate will pay the filing, administrative, and arbitrator fees to the extent required by those rules. Except as otherwise awarded by the arbitrator or required by applicable law, each party bears its own attorneys' fees and costs.
22.8. Acknowledgment of billing consent. Your agreement to these Terms (including this Section 22) is obtained through a clickwrap acceptance at sign-up, and your enrollment in automatic renewal is confirmed through Stripe Checkout as described in Section 5. Records of your acceptance (version, timestamp, and IP address) are retained as described in Section 5.3.
22.9. Severability of this Section. If the class-action waiver in Section 22.3 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in the courts identified in Section 23, while the remainder of this Section 22 remains in effect. If any other part of this Section is found unenforceable, it will be severed and the remainder will continue to apply.
23. Governing Law and Venue
23.1. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
23.2. Subject to the arbitration agreement in Section 22, the state and federal courts located in the State of Delaware have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or the Service (including any claim carved out of arbitration or any action to compel arbitration or enforce an award), and you consent to personal jurisdiction in those courts.
24. Force Majeure
24.1. GlossPlate is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, and failures or delays of third-party providers.
25. Changes to These Terms
25.1. We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, provide reasonable notice (for example, by email or in-app notice) before they take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them. If you do not agree, you must stop using the Service and may cancel as described in Section 5.5.
26. Assignment
26.1. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
27. No Waiver
27.1. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision, and a waiver on one occasion is not a waiver on any future occasion.
28. Severability
28.1. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
29. Entire Agreement
29.1. These Terms, together with the Privacy Policy (Section 21) and any order or plan details presented at sign-up, are the entire agreement between you and GlossPlate regarding the Service and supersede all prior or contemporaneous agreements and understandings on the subject.
30. Relationship of the Parties
30.1. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship between you and GlossPlate.
31. Contact and Legal Notices
GlossPlate, Inc. c/o Legalinc Corporate Services Inc. 131 Continental Drive, Suite 305 Newark, DE 19713, USA
Email: [email protected] Website: https://glossplate.com Privacy Policy: https://glossplate.com/privacy
GlossPlate, Inc. is a Delaware corporation incorporated on July 8, 2026, under the Delaware General Corporation Law.