Payments Terms and Conditions

Effective from: 22.09.2026

1. General Provisions

These Terms and Conditions set out the rules for using the UpMenu Payments service, which enables a Restaurant to use payment methods within the UpMenu system for accepting payments from End Customers, including in particular online payments and in-person payments.
UpMenu Payments are provided by TASTYSOFT spółka z ograniczoną odpowiedzialnością, with its registered office in Łódź, address: Sienkiewicza 85/87/8, Floor XI, 90-057 Łódź, Poland, entered in the National Court Register under KRS No. 0000411725, Tax Identification Number (NIP): 7252058310, REGON: 101374260, hereinafter referred to as “UpMenu”, in cooperation with Payment Operators.
UpMenu Payments are intended exclusively for entities conducting business activity. The Restaurant uses UpMenu Payments as a business customer and acquires the service in connection with its business activity.
As part of UpMenu Payments, UpMenu provides the Restaurant, in particular, with access to payment services provided by the Payment Operator, supports the establishment and servicing of the relationship between the Restaurant and the Payment Operator, and provides technological, integration and organisational functionalities and support enabling the use of such services within the UpMenu system.
Regulated payment services, including in particular payment processing, acquiring, authorisation and settlement of transactions, are performed by the Payment Operator in accordance with the Payment Operator’s terms and conditions.
These Terms and Conditions supplement the UpMenu Terms and Conditions. In matters relating to UpMenu Payments, these Terms and Conditions and the UpMenu Payments Price List shall prevail.
Use of UpMenu Payments requires acceptance of these Terms and Conditions and the UpMenu Payments Price List.
Activation of UpMenu Payments also requires completion of any verification process required by the Payment Operator and acceptance by the Restaurant of the Payment Operator’s terms and conditions. Acceptance of the Payment Operator’s terms creates a direct relationship between the Restaurant and the Payment Operator with respect to the services provided by the Payment Operator.
UpMenu may make UpMenu Payments available gradually, including for selected countries, currencies, payment methods, sales channels, device types or Restaurants.

2. Role of UpMenu and the Payment Operator

UpMenu is not a bank and does not provide in its own name the regulated payment services performed within UpMenu Payments by the Payment Operator.
As part of UpMenu Payments, UpMenu in particular:

a) presents and makes available to the Restaurant the possibility of using the Payment Operator’s payment services;

b) enables the Restaurant to initiate the process of establishing a relationship with the Payment Operator;

c) supports the Restaurant in the onboarding and verification process required by the Payment Operator;

d) enables information and documents to be exchanged between the Restaurant and the Payment Operator;

e) integrates the UpMenu system with the Payment Operator’s system;

f) enables configuration and use of payment methods within the UpMenu system;

g) provides reporting and functionalities related to Refunds, Chargebacks and Payouts;

h) provides first- and second-line support;

i) manages the ongoing commercial and operational relationship with the Restaurant in connection with the use of UpMenu Payments.

The Payment Operator performs activities falling within the scope of the payment services it provides, including in particular authorisation, processing and acquiring of transactions, transaction settlement and transfer of funds due to the Restaurant.
UpMenu does not maintain a payment account for the Restaurant and does not independently perform Settlement of funds due to the Restaurant.
Use of UpMenu Payments may require the Restaurant to accept separate terms and conditions of the Payment Operator. The Payment Operator’s terms apply to services provided directly by the Payment Operator.
The Payment Operator may independently make decisions concerning, in particular, verification of the Restaurant, admission of the Restaurant to the services, activation of payment methods, transaction authorisation, limitation or blocking of Payouts and limitation or termination of payment services where this results from applicable law, payment scheme rules, security procedures, anti-money laundering requirements, risk assessment or compliance requirements.
The Restaurant authorises UpMenu to provide the Payment Operator with information, documents, settings and instructions concerning the Restaurant’s use of UpMenu Payments to the extent necessary for provision of the service and permitted by the Payment Operator.
Activities performed by UpMenu pursuant to Clause 7 do not result in UpMenu assuming the role of the Payment Operator or providing payment services falling within the Payment Operator’s responsibilities.

3. Definitions

UpMenu Payments – a service provided by UpMenu in connection with enabling the Restaurant to use, within the UpMenu system, payment services provided by the Payment Operator, including the commercial, organisational, integration, technical and support activities described in these Terms and Conditions.

UpMenu – TASTYSOFT sp. z o.o., provider of the UpMenu system and UpMenu Payments.

Restaurant – a restaurant, food service establishment, restaurant chain or other business using UpMenu Payments.

End Customer – a person making a payment to the Restaurant.

Payment Operator – an entity holding the appropriate authorisations to provide payment, acquiring or settlement services and participating in the operation of UpMenu Payments, including in particular Adyen or another entity designated by UpMenu.

Payment – a transaction made by an End Customer to the Restaurant using a payment method made available within the UpMenu system and handled by the Payment Operator.

Online Payment – a Payment made through an online channel, including in particular during the online ordering process.

In-Person Payment – a Payment made at the Restaurant’s premises, including in particular using a payment terminal, kiosk, POS device, phone or tablet.

Payment Card Data – data relating to an End Customer’s payment instrument, including in particular card number, expiry date, CVC/CVV code and other data enabling a card payment to be made.

Payment Token – a technical identifier of a payment method issued by the Payment Operator or certified payment infrastructure, enabling Payments to be handled without UpMenu storing full Payment Card Data.

Payment Terminal on a Phone or Tablet – a solution enabling contactless payments to be accepted on a compatible phone or tablet without the use of a traditional payment terminal.

Payout – transfer by the Payment Operator of funds due to the Restaurant to a verified bank account.

Refund – a full or partial repayment of funds to the End Customer, performed by the Payment Operator pursuant to an appropriate instruction or in accordance with the Payment Operator’s rules.

Chargeback – a complaint or reversal relating to a Payment initiated by an End Customer, bank, payment instrument issuer or payment scheme.

Reserve – a portion of funds due to the Restaurant that is subject to a Payout restriction within the Payment Operator’s system in order to secure the Restaurant’s obligations.

Price List – the current UpMenu Payments Price List or individual pricing terms agreed with the Restaurant.

Restaurant Tax Data – information required to correctly determine the place of supply and tax treatment of services, including in particular the Restaurant’s country of establishment, address, tax identification number, identification number applicable for value added tax or an equivalent tax, tax status and information concerning the place from which the business is conducted where relevant for tax purposes.

4. Scope of UpMenu Payments

UpMenu Payments enable the Restaurant to use the Payment Operator’s payment services within the UpMenu system and to accept Payments from End Customers using available payment methods.
As part of UpMenu Payments, UpMenu may in particular:

a) make available to the Restaurant the possibility of starting to use the Payment Operator’s services;

b) support the Restaurant onboarding and verification process;

c) enable information and documents required by the Payment Operator to be provided;

d) facilitate communication between the Restaurant and the Payment Operator concerning the commencement, continuation, modification or termination of the Payment Operator’s services;

e) integrate the UpMenu system with the Payment Operator’s system;

f) technically make payment methods available in the Restaurant’s sales channels;

g) enable configuration of payment methods;

h) transmit to the Payment Operator data and messages required to handle Payments;

i) provide the Restaurant with information, statuses and reports relating to Payments;

j) provide functionalities relating to Refunds, Chargebacks and Payouts;

k) provide first- and second-line support;

l) perform other activities connected with the organisational and technological enablement of the Restaurant’s use of the Payment Operator’s services.

Availability of individual payment methods may depend on the country, currency, sales channel, device type, account configuration, requirements of the Payment Operator, payment schemes or applicable law.
UpMenu may add, remove, temporarily disable or limit the availability of payment methods where this results from technical, business, security or compliance reasons, Payment Operator requirements or payment scheme rules.
The Restaurant may not independently activate, deactivate or modify the configuration of payment methods unless UpMenu makes such functionality available.

5. Payment Card Data and Security

UpMenu does not store full payment card numbers or CVC/CVV codes of End Customers.
Payment Card Data is processed by the Payment Operator or certified payment infrastructure in accordance with applicable security requirements.
UpMenu may store selected technical information relating to Payments, including in particular transaction identifiers, payment identifiers, Payment Tokens, payment method type, card brand, card issuing country, the last four digits of a card, Payment status and information required for the handling of Refunds, Chargebacks, complaints, reporting, saved payment methods and settlements.
A Payment Token is not a full card number and does not enable UpMenu to independently reconstruct full Payment Card Data.
The Restaurant undertakes not to provide UpMenu with full Payment Card Data of End Customers other than through secure forms, components or tools made available by UpMenu or the Payment Operator.

6. Seller vis-à-vis the End Customer

The Restaurant remains the seller of products or services offered to the End Customer.
The Restaurant is responsible to the End Customer for the sale of products or services.
The Restaurant is responsible in particular for sales, order fulfilment, quality of products or services, delivery, complaints, returns, Chargebacks, issuing receipts and invoices, tax compliance and compliance of its business activities with applicable law.
UpMenu is not the seller of products or services offered by the Restaurant to End Customers.

7. Activation of Payments and Restaurant Verification

Use of UpMenu Payments requires completion of the activation and verification process where required by UpMenu, the Payment Operator, payment schemes or applicable law.
The Restaurant is required to provide true, complete and up-to-date information and documents required for activation and operation of UpMenu Payments.
Required information may include, in particular, business identification details, details of representatives, ultimate beneficial owners, bank account details, contact information and documents required by the Payment Operator, payment schemes or applicable law.
The Payment Operator may independently approve, reject or re-verify the Restaurant in accordance with its security, anti-money laundering and risk assessment procedures and payment scheme requirements.
UpMenu does not guarantee that the Restaurant will successfully pass verification.
Failure to provide required information or documents, a negative verification result or failure to update information may result in non-activation of Payments, limitation of functionality, blocking of Payouts, suspension of the service or termination of access to UpMenu Payments.
Payouts may be withheld by the Payment Operator until required verification has been successfully completed.
The Restaurant authorises UpMenu to provide the Payment Operator with information, documents, settings and instructions necessary for configuration, servicing, support, reporting, Payouts, deductions, Refunds, Chargebacks and termination of UpMenu Payments.
At UpMenu’s request, the Restaurant shall provide within the specified deadline any information and documents required for verification, audit or investigation requested by the Payment Operator, payment schemes or applicable law, including after UpMenu Payments have been activated.

8. Business Details, Tax Data and Change of Ownership

Business details provided by the Restaurant may be used for configuration of UpMenu Payments, verification, Payouts, settlements and correct tax treatment.
The Restaurant shall provide UpMenu with true, complete and up-to-date Restaurant Tax Data.
The Restaurant shall promptly notify UpMenu of any change to:

a) country of establishment;

b) address;

c) tax identification number;

d) tax status;

e) place of business relevant for tax purposes;

f) any other circumstances that may affect the tax treatment of the services.

Where UpMenu Payments are acquired for a place of business located in a country other than the Restaurant’s country of establishment, the Restaurant shall provide UpMenu with the information required to determine the correct tax treatment.
A change in business details without a change to the tax identification number may require an update of information and re-verification.
A change of tax identification number may be treated as a change of the entity entitled to the funds and may require a separate assignment process, reactivation of Payments, new verification and an update to the payment configuration.
A change of bank account requires a separate verification process and may result in the temporary suspension of Payouts.
UpMenu may restrict the ability to independently modify selected data in the Customer Panel where such modification affects verification, Payouts, ownership of funds, tax treatment or payment risk.

9. Price List, Fees and Taxes

The Restaurant is required to pay the remuneration and other fees set out in the current Price List.
The remuneration for UpMenu Payments may be determined as a single percentage rate applied to the value of Payments.
The Price List may also include fees for Payouts, Refunds, Chargebacks, currency conversion, payment devices, payment terminal functionality on a phone or tablet, activation of specific functionalities and other services or events specified in the Price List.
Fees may be calculated as a percentage, fixed amount, monthly charge, one-off fee, per transaction, per event or according to another mechanism specified in the Price List.
Fees may vary depending on the country, currency, payment method, sales channel, device type, transaction volume and individual arrangements with the Restaurant.
UpMenu’s remuneration constitutes the price set by UpMenu for the Restaurant and does not constitute a recharge or pass-through of costs incurred by UpMenu in relation to the Payment Operator.
UpMenu is not required to disclose to the Restaurant its cost structure, the amount of remuneration paid to the Payment Operator or other commercial terms agreed between UpMenu and the Payment Operator.
All prices stated in the Price List are net prices unless expressly stated otherwise.
Taxes, charges or other public-law liabilities applicable to the relevant service shall be added to UpMenu’s remuneration where UpMenu is required to charge or collect them under applicable law (including, in particular, indirect taxes such as VAT, GST, Sales Tax or their equivalents).
The tax treatment of the services may vary depending on the Restaurant’s country of establishment, tax status, place of business, place of supply of the services and other circumstances relevant under applicable tax laws.
Where, under applicable law, responsibility for accounting for a tax rests with the Restaurant, including under a mechanism whereby the recipient accounts for the tax, UpMenu may issue the relevant billing document without charging such tax. In such case, the Restaurant is responsible for accounting for the tax in accordance with the laws applicable to it.
UpMenu may require the Restaurant to provide a tax identification number or other information or documents confirming the Restaurant’s tax status.
If the Restaurant provides incorrect, incomplete or outdated Restaurant Tax Data, UpMenu may correct the tax treatment and previously issued documents where required by applicable law.
A change in tax treatment resulting from a change in applicable law, the Restaurant’s tax status, place of supply or other circumstances affecting taxation shall not constitute a change in the net price agreed with the Restaurant.
Where the Restaurant is required under mandatory applicable law to withhold any tax or other public-law charge from an amount payable to UpMenu, the Restaurant shall notify UpMenu of such obligation and provide evidence confirming that the relevant amount has been withheld and remitted.
The Restaurant authorises UpMenu to provide the Payment Operator with instructions to deduct UpMenu’s remuneration from funds intended for Payout to the Restaurant, to the extent supported by the mechanisms made available by the Payment Operator.
Collection of amounts due to UpMenu through the Payment Operator’s settlement mechanisms does not mean that UpMenu performs Settlement of the Restaurant’s funds.
UpMenu shall issue an invoice or other required document covering amounts due for the relevant billing period. A detailed statement may be made available in the Customer Panel.
Fees and costs connected with the original Payment shall not be refunded or reduced as a result of a subsequent Refund, Chargeback, cancellation or adjustment unless otherwise provided in the Price List or required by mandatory applicable law.
Fees for Refunds, Chargebacks and other events specified in the Price List are charged independently from the fees relating to the original Payment.
Costs, fees or penalties imposed on UpMenu by the Payment Operator or payment schemes in connection with the Restaurant’s activities may be passed on to the Restaurant to the extent provided for in these Terms and Conditions, the Price List or individual arrangements.
Foreign exchange differences, currency conversion costs and currency-related fees arising in connection with a Refund or Chargeback shall be borne by the Restaurant.

10. Transaction Limits and Safeguards

UpMenu may establish limits relating to the use of UpMenu Payments for a Restaurant, location, payment method, country, currency or sales channel.
Limits may include, in particular, maximum value of a single Payment, maximum daily or monthly transaction volume, Refund limits, Payout limits or other security restrictions.
Independent limits may be applied by the Payment Operator in accordance with its terms and procedures.
To the extent of functionality under its control, UpMenu may block or restrict the ability to initiate or transmit Payments to the Payment Operator where there is suspected fraud, breach of these Terms and Conditions, Payment Operator requirements, payment scheme rules or applicable law.
Where a particular restriction requires action by the Payment Operator, UpMenu may provide the Payment Operator with the relevant information, instruction or request.

11. Payouts

Funds due to the Restaurant are paid by the Payment Operator to the Restaurant’s verified bank account.
Payouts may be made daily, weekly, monthly or according to another schedule made available by the Payment Operator and UpMenu.
The default Payout schedule, minimum Payout amounts and applicable fees are specified in the Price List, Customer Panel or account configuration.
UpMenu may allow the Restaurant to select an available Payout schedule and transmit the relevant settings or instructions to the Payment Operator.
A Payout may not be made or may be reduced where funds are subject to a Reserve, the Restaurant has a negative balance, the Restaurant has outstanding obligations, required verification has not been completed, the minimum Payout amount has not been reached or other grounds arise under the Payment Operator’s rules, security requirements or applicable law.
Amounts due to UpMenu may be deducted before the Payment Operator makes a Payout in accordance with the Restaurant’s authorisation and the mechanisms made available by the Payment Operator.
UpMenu does not independently perform Settlement of the Restaurant’s funds.
UpMenu is not responsible for delays in Payouts resulting from the actions of banks, the Payment Operator, payment schemes, payment method providers, incorrect bank account data, verification processes, applicable law or actions of public authorities.

12. Reserves and Restrictions on Funds

A Reserve may be established to secure the Restaurant’s obligations.
A Reserve may be implemented, in particular, by restricting Payout of the relevant portion of funds within the Payment Operator’s system.
A Reserve does not constitute remuneration payable to UpMenu.
A Reserve may secure, in particular, UpMenu’s remuneration, Refunds, Chargebacks, a negative balance, outstanding invoices, fraud risk and other obligations of the Restaurant related to the use of UpMenu Payments.
The required amount of the Reserve shall be determined taking into account, in particular, the volume and value of Payments, amounts due to UpMenu, the Restaurant’s payment history, level of Refunds and Chargebacks and existing liabilities.
The required amount of the Reserve may correspond to one and a half times the average monthly fees payable to UpMenu by the Restaurant, calculated based on the most recent billing period, and for a Restaurant starting to use UpMenu Payments – based on the anticipated Payment volume and agreed pricing terms.
The required amount of the Reserve and the current amount of funds subject to the Reserve may be presented to the Restaurant in the Customer Panel.
The Reserve may be built by applying Payout restrictions to a portion of subsequent funds due to the Restaurant until the required Reserve amount has been reached.
Until the required Reserve amount has been reached, Payouts may be reduced accordingly.
Using functionality made available by the Payment Operator, UpMenu may instruct or configure an increase, reduction or release of the Reserve depending on the Restaurant’s liabilities, risk level, Payment history and Payment Operator requirements.
Following termination of the relationship, the Reserve shall be released after settlement of all Restaurant obligations, no earlier than six months after closure of UpMenu Payments, unless UpMenu or the Payment Operator determines that an earlier release is possible.
The Reserve may be maintained for a longer period where justified by the possibility of Chargebacks, Refunds or other obligations relating to Payments made before termination.

13. Refunds

The Restaurant may initiate a full or partial Refund where permitted by the payment method, Payment status and the rules of the Payment Operator and payment schemes.
The ability to make a Refund may be subject to time limits applicable to the relevant payment method.
A Refund is performed by the Payment Operator on the basis of an instruction submitted through UpMenu functionality or in accordance with another procedure of the Payment Operator.
A Refund is generally made to the same payment method used for the original Payment and may not exceed the amount of the original Payment.
A Refund is funded from the Restaurant’s funds. The amount may be collected by the Payment Operator from the available balance, future receipts, Payouts or funds subject to the Reserve.
If the Restaurant has insufficient funds, the Refund may be suspended or a negative balance may arise.
The Refund fee specified in the Price List is charged independently of fees relating to the original Payment.
If the original Payment involved currency conversion, the Refund may be processed at a different exchange rate and any resulting foreign exchange differences and costs shall be borne by the Restaurant.
The Restaurant is responsible for the grounds, accuracy and amount of any Refund it instructs.
UpMenu may restrict the technical ability to initiate Refunds where limits are exceeded, fraud is suspected, there is a negative balance, the Restaurant has outstanding obligations, or this is required by the Payment Operator or applicable law.
A Refund may be made without an instruction from the Restaurant where required by applicable law, a public authority, payment scheme rules or the Payment Operator.
UpMenu is not responsible for the time at which the Refund amount is credited to the End Customer’s account.

14. Chargebacks

The Restaurant is responsible for Chargebacks relating to its sales.
The Restaurant shall cover the Chargeback amount, related handling fees, payment scheme costs, penalties and other costs associated with the Chargeback.
Amounts connected with a Chargeback may be collected or deducted within the Payment Operator’s system from the Restaurant’s available balance, future receipts, future Payouts or Reserve.
If the Restaurant has insufficient funds, a negative balance may arise.
Future receipts of the Restaurant may be applied first towards settlement of the negative balance.
UpMenu may provide technical and administrative support to the Restaurant in connection with Chargebacks, including enabling documentation to be provided to the Payment Operator, but UpMenu does not decide the dispute and does not guarantee its outcome.
UpMenu may charge fees for Chargebacks and related activities in accordance with the Price List.
A Chargeback fee is not refundable even if the dispute is subsequently resolved in favour of the Restaurant, unless otherwise provided in the Price List.
The Restaurant shall provide the documents and information required to defend a Chargeback within the deadline stated in the relevant notification.
Failure to provide the required documents within the applicable deadline may result in inability to effectively defend the Chargeback and the relevant amounts being charged to the Restaurant.

15. Deduction of Amounts Due to UpMenu

The Restaurant authorises UpMenu to provide the Payment Operator with instructions to deduct amounts due and payable to UpMenu from funds intended for Payout to the Restaurant, to the extent supported by the mechanisms made available by the Payment Operator.
Amounts subject to deduction may include, in particular:

a) UpMenu Payments fees;

b) UpMenu subscription fees;

c) overdue invoices;

d) fees for terminals, kiosks, POS devices and other equipment;

e) amounts relating to Refunds;

f) Chargebacks;

g) negative balances;

h) interest;

i) other due and payable amounts arising under agreements between the Restaurant and UpMenu.

Both current and overdue amounts may be deducted.
Deductions may be performed automatically within the Payment Operator’s system.
The technical collection or deduction of amounts due to UpMenu by the Payment Operator does not mean that UpMenu performs Settlement or maintains a payment account for the Restaurant.
If the amount collected covers only part of the amount due, the Restaurant remains obliged to pay the outstanding balance.

16. Negative Balance

A negative balance may arise, in particular, as a result of Refunds, Chargebacks, fees, transaction adjustments, settlement errors, penalties or other costs related to Payments.
The Restaurant is required to cover any negative balance.
Future receipts of the Restaurant may be used by the Payment Operator to cover the negative balance in accordance with applicable settlement rules and authorised instructions.
Until the negative balance has been covered, UpMenu may restrict the Restaurant’s ability to use UpMenu Payments and may provide the Payment Operator with information or a request to apply appropriate restrictions.

17. In-Person Payments, Terminals and Payment Terminal on a Phone or Tablet

UpMenu may enable the Restaurant to accept In-Person Payments using devices or solutions made available or supported in cooperation with the Payment Operator.
Use of terminals, payment terminal functionality on a phone or tablet, or other devices may require compliance with additional technical, hardware, system, security or legal requirements.
The Restaurant is responsible for proper use of devices, their security, internet access, updates and compliance with instructions provided by UpMenu and the Payment Operator.
Terminals, kiosks, POS devices and accessories may be sold to the Restaurant in accordance with UpMenu’s offer.
Terms relating to purchase, delivery, warranty, servicing and return of devices may be set out in separate documents, offers, orders or manufacturer terms.
Fees for terminals, payment terminal functionality on a phone or tablet, kiosks, POS devices and accessories are specified in the Price List.

18. Dynamic Currency Conversion and Currency Conversion

UpMenu may enable dynamic currency conversion functionality where available for a particular Payment.
Where an End Customer chooses dynamic currency conversion, the End Customer may be charged a fee or currency conversion margin presented during the Payment.
Payments, Refunds, Chargebacks, Payouts or fees involving different currencies may be subject to currency conversion.
Currency conversion costs, foreign exchange differences and currency-related fees may be charged to the Restaurant in accordance with the Price List and Payment Operator rules.

19. Restaurant Obligations and Prohibited Products and Services

The Restaurant shall use UpMenu Payments in accordance with these Terms and Conditions, the Price List, the UpMenu Terms and Conditions, the Payment Operator’s terms, applicable law, payment scheme rules and UpMenu instructions.
The Restaurant shall, in particular, offer only lawful products and services, properly fulfil orders, handle End Customer complaints, comply with tax obligations, timely pay amounts due to UpMenu and refrain from any fraudulent or abusive activity.
UpMenu may refuse to support Payments relating to products, services, activities or transactions prohibited or restricted by the Payment Operator, payment schemes or applicable law.
The Restaurant may not make UpMenu Payments available to, resell them to, or otherwise enable third parties to use them.
UpMenu Payments may only be used to accept Payments for products and services sold by the Restaurant in its own name and for its own account.
The Restaurant may not use UpMenu Payments to sell the following products and services:

a) products and services the sale of which is contrary to the law applicable at the place of sale;

b) counterfeit or stolen products, or products infringing intellectual property rights;

c) tobacco products, nicotine products and electronic cigarettes;

d) hemp and cannabis products, including CBD;

e) narcotics, novel psychoactive substances, psychoactive substances and paraphernalia used to consume them;

f) medicines, medicinal products and medical devices, including those available without prescription;

g) hormones, anabolic steroids, peptides and other substances not authorised for marketing;

h) dietary supplements, novel foods and foodstuffs intended for particular nutritional uses requiring additional authorisations;

i) firearms, ammunition, firearm parts and accessories, air weapons, bladed weapons and replica weapons;

j) explosive, pyrotechnic and flammable materials;

k) adult content and services, including escort services;

l) gambling services, betting, lotteries and games of chance;

m) cryptocurrencies, virtual currencies and currency exchange services;

n) financial, lending, debt collection and money remittance services;

o) public fundraising, donations and other services consisting in the collection or transfer of funds for the benefit of third parties;

p) standalone tipping services not connected with the sale of the Restaurant's products or services;

q) event tickets and ticket intermediation services;

r) travel services and travel and accommodation intermediation services;

s) property rental and property management services;

t) sales under the dropshipping model and sales of products the Restaurant does not hold;

u) tools and services enabling unauthorised access to IT systems;

v) identity documents and official documents, and services consisting in their production;

w) specimens of protected species, live animals and products derived from them;

x) content inciting hatred, violence or discrimination;

y) products and services subject to international sanctions or intended for entities subject to such sanctions;

z) other products and services indicated on the list of prohibited and restricted products and services made available to the Restaurant by UpMenu in the Client Panel.

The sole exception to the prohibition set out in paragraph 6 is the sale of alcoholic beverages, permitted only on the conditions set out in paragraph 9.
The prohibitions set out in paragraph 6 apply irrespective of whether the sale of a given product or service is permitted under the law applicable to the Restaurant. UpMenu may extend the scope of prohibited products and services where this results from the requirements of the Payment Operator, payment scheme rules or applicable law; information on any such extension is communicated in accordance with Chapter 24.
The sale of alcoholic beverages through UpMenu Payments is permitted only where all of the following conditions are met:

a) the sale takes place in a country in which UpMenu makes support for the sale of alcoholic beverages available;

b) the Restaurant holds the required licences or permits for the sale of alcoholic beverages and will provide them to UpMenu on request;

c) age verification is enabled for the given product within the UpMenu system;

d) the Restaurant verifies that the End Customer is of legal age upon collection or delivery of the order, to the extent required by the law applicable at the place of sale.

The Restaurant is responsible for compliance with the regulations governing the sale of alcoholic beverages, in particular for preventing sales to minors, and for including the required markings and information in its sales channels and terms and conditions.
In the event of the loss, expiry, withdrawal or suspension of a licence for the sale of alcoholic beverages, the Restaurant shall inform UpMenu without delay and shall cease selling alcoholic beverages through UpMenu Payments.
Commencing the sale of products or services belonging to a category other than that declared by the Restaurant upon activation of UpMenu Payments, in particular a restricted category, requires prior notification to UpMenu and UpMenu's consent.
UpMenu may refuse the consent referred to in paragraph 12, in particular where such consent requires the approval of the Payment Operator which UpMenu has not obtained.
The Restaurant acknowledges that UpMenu verifies the products and services it offers upon activation of UpMenu Payments and during the use of the service, including by means of automated tools.
At UpMenu's request, the Restaurant is obliged to provide, within the specified time limit, information, documents, licences or explanations concerning the products and services offered and the compliance of its business with this Chapter.
Where it is established that the Restaurant offers prohibited products or services, or conducts sales inconsistently with the conditions set out in paragraphs 5–13, UpMenu may, without prior notice, block the ability to purchase such products or services, disable selected payment methods, withhold Payouts, suspend or terminate the provision of UpMenu Payments, and inform the Payment Operator. A repeated breach following a prior demand to cease constitutes grounds for permanent termination of the provision of UpMenu Payments.
The Restaurant is liable for the consequences of any breach of this Chapter, including for penalties and fees imposed on UpMenu by the Payment Operator or by the payment schemes.

20. Suspension or Restriction of the Service

UpMenu may suspend, restrict or terminate UpMenu Payments in the event of a breach of these Terms and Conditions, unsuccessful verification, overdue payments, a negative balance, suspected fraud, a high level of Refunds or Chargebacks, a requirement of the Payment Operator, breach of applicable law or another material risk.
UpMenu may, in particular, block the technical ability to transmit new Payments to the Payment Operator, initiate Refunds or use specific payment methods.
Where a specific restriction requires action by the Payment Operator, UpMenu may provide the Payment Operator with the relevant information, instruction or request.
The Payment Operator may independently restrict or terminate its own services in accordance with its terms and applicable law.
UpMenu may inform the Restaurant of the reason for a restriction unless prohibited by applicable law, security requirements, Payment Operator requirements or an ongoing investigation.

21. Closure of UpMenu Payments

The Restaurant may discontinue use of UpMenu Payments, subject to settlement of all existing obligations.
Closure of UpMenu Payments may require settlement of pending Payments, a final Payout, Refunds, Chargebacks, negative balances, outstanding invoices, Reserves and other amounts due.
Termination of UpMenu Payments may result in UpMenu providing the Payment Operator with information or instructions concerning termination or restriction of the Restaurant’s relationship with the Payment Operator to the extent permitted by the Payment Operator’s terms.
Outstanding funds due to the Restaurant shall be paid by the Payment Operator after taking into account applicable settlements, deductions and Reserves.
A Reserve may continue to be maintained following closure of UpMenu Payments to the extent required to secure future Chargebacks, Refunds, disputes, fees or other liabilities.
Payment history, settlement records and verification data may be retained for the period required by applicable law, accounting and tax obligations, anti-money laundering obligations, enforcement or defence of claims or Payment Operator requirements.

22. Complaints and Support

The Restaurant may submit questions and complaints concerning UpMenu Payments to UpMenu support.
UpMenu provides first- and second-line support in connection with use of UpMenu Payments.
Matters requiring action or a decision by the Payment Operator may be referred to the Payment Operator.
UpMenu does not guarantee the time required to resolve matters depending on the Payment Operator, payment schemes, banks, payment instrument issuers or public authorities.
The Restaurant should initially direct day-to-day operational matters relating to UpMenu Payments to UpMenu. This does not restrict the Payment Operator’s right to contact the Restaurant directly or the Restaurant’s right to contact the Payment Operator where such right results from the agreement between them, applicable law or regulatory requirements.

23. Liability

UpMenu is responsible for providing UpMenu Payments to the extent provided in these Terms and Conditions, the UpMenu Terms and Conditions and mandatory applicable law.
UpMenu is not responsible for activities falling within the responsibility of the Payment Operator, banks, payment instrument issuers or payment schemes.
UpMenu does not guarantee that every Payment will be accepted, authorised, settled or paid out.
Authorisation of a Payment does not guarantee that no subsequent Chargeback or other dispute will occur.
UpMenu is not responsible for regulated payment services provided directly by the Payment Operator, including in particular its decisions relating to authorisation, acquiring, Settlement, verification of the Restaurant, Payout restrictions, Chargebacks, payment scheme rules or compliance requirements, unless UpMenu’s liability arises under mandatory applicable law.
The Restaurant is responsible for claims, penalties, fees and costs arising from its activities, the products or services it sells, breach of these Terms and Conditions, the Payment Operator’s terms, payment scheme rules or applicable law, provision of false or outdated information, or breach of payment data security requirements.
To the extent permitted by applicable law, the Restaurant shall reimburse UpMenu for reasonable costs incurred as a result of the circumstances referred to in Clause 6.

24. Amendments to the Terms and Conditions and Price List

UpMenu may amend these Terms and Conditions or the Price List for valid reasons, including in particular:

a) changes in applicable law;

b) changes in Payment Operator or payment scheme requirements;

c) changes in the cost of operating UpMenu Payments;

d) changes in the availability of payment methods;

e) introduction of new or modification of existing UpMenu Payments functionalities;

f) changes in the settlement model;

g) the need to improve security;

h) changes in tax treatment or public-law obligations affecting the provision of UpMenu Payments;

i) changes in interpretations of applicable law or case law materially affecting the manner in which the service is provided or accounted for.

UpMenu shall inform the Restaurant of amendments using the communication methods adopted within the UpMenu system, including through the Customer Panel, email or a system notification.
Amendments resulting from applicable law, Payment Operator terms, payment scheme rules or tax obligations may take effect within the timeframe required by the relevant provisions or third parties.
Continued use of UpMenu Payments after amendments take effect constitutes acceptance of such amendments unless applicable law requires a different form of acceptance.
If the Restaurant does not accept the amendments, it may discontinue use of UpMenu Payments, subject to settlement of all existing obligations.

25. Final Provisions

These Terms and Conditions apply from the date they are accepted by the Restaurant.
Acceptance may be made electronically, including by selecting an appropriate checkbox, clicking an acceptance button or continuing the UpMenu Payments activation process, provided that such method constitutes valid acceptance under applicable law.
UpMenu may retain information confirming the Restaurant’s acceptance of these Terms and Conditions and the Price List.
The Payment Operator’s terms are accepted by the Restaurant in the manner specified by the Payment Operator. UpMenu may technically enable or facilitate such acceptance without becoming a party to the agreement between the Restaurant and the Payment Operator.
Matters not addressed in these Terms and Conditions shall be governed by the UpMenu Terms and Conditions, the Price List, the Privacy Policy, the Payment Operator’s terms in respect of services provided by the Payment Operator, and applicable law.

UpMenu Payments Terms and Conditions