Terms of Service

Carte is provided by Brainy Circles OÜ, registry code 17226352, VAT EE102854879, Sepapaja tn 6, 15551 Tallinn, Estonia (“Brainy”, “we”). These terms apply when a restaurant, café or other business (“you”) asks for, pays for or uses Carte. By paying, or by using your app, you accept them. Questions: hi@brainy.ink.

Carte is a business service. If you visit eat.brainy.ink or try the demo without buying, only sections 13, 14 and 18 apply to you.

We build an ordering app for your restaurant (your menu, photos, colours and your own customizable menu items) with a kitchen screen and, on the Restaurant plans, the tools to run the night. We host it, keep it updated and support it while your plan runs. What each plan includes is described on eat.brainy.ink on the day you pay.

You get the right to use your app for as long as your plan is paid. The software, its code and its design stay ours: we do not hand over source code, on any plan.

• Prices are in US dollars. Taxes are added where the law requires them.
• Every 3 months: you pay 3 months at a time. The first 3 months are the minimum.
• Yearly: you pay 12 months at a time, at the lower yearly price.
• Your plan renews automatically for the same period, charged to the card you paid with, until you cancel.
• Add-ons (another customizable menu item, another language) are billed with your plan; the printed menu is paid once.
• We may change our prices for new periods with at least 30 days’ notice. A founding restaurant’s price stays as it is for as long as its plan runs without a break.
• Payments are taken by Stripe. If a payment fails, Stripe tries again; if it is still unpaid after 14 days, we may pause your app until it is paid.

On every-3-months billing, a build fee of $490 is paid once with your first payment: it pays for building your app. It is waived on yearly billing and for our first 5 founding restaurants. Once we have started building, it is not refunded, except under our guarantee (section 7).

You can cancel at any time by writing to hi@brainy.ink. Your plan then ends at the end of the period you have paid for (and not before the first 3 months), and is not renewed. We do not refund part of a period, except under our guarantee. When your plan ends, your app stops taking orders.

After you pay, you send us your menu, logo and photos. Your ordering app is ready 3 weeks after we have them, plus a week for every two extra customizable menu items. On the Restaurant plans, the restaurant tools (bookings, your floor plan, stock and your team) are set up within 6 weeks. A store app, on Restaurant Pro, is submitted to the App Store and Google Play 2 weeks after your app is ready.

You check every screen before your guests see it, and tell us what to change.

Each part is ready by the week we tell you, counted from the day we get your menu, and does everything listed. For a store app, ready means submitted to the store: the store's own review is outside our hands. If we're late, or it doesn't do what we promised, you get your money back. All we ask is that you answer our questions within 2 working days.

If we are late or a part does not do what your plan lists, write to us and we refund everything you have paid us for that plan, including the build fee, and end the plan. Time you take to answer us beyond 2 working days moves the date by the same time. A store’s own review time, and changes you ask for after you have checked your app, are not counted.

If you pay once (Pay once), you pay a one-time price for your app (from $4,900), and then $49 a month for hosting, updates and support, starting a month after you pay. Your app stays on our platform: paying once gives you the right to use your app for as long as the monthly fee is paid, not ownership of the software or its code. If the monthly fee stops, we may switch the app off after 30 days’ notice.

• Founding offer: for the first 5 restaurants that pay for the Menu or Restaurant plan: no build fee, your price kept for as long as your plan runs without a break, and your app filmed and featured on our App Brainy and UX Brainy pages. You agree we may show your app, its name and logo in that work; you can ask us to stop using it in new content at any time.
• Restaurant Pro is planned with you on a call and priced in a written quote. The quote’s terms add to these. Booking couriers through a delivery service (for example Uber, where it delivers for restaurants) depends on that service working in your city, and on its own terms and fees.

• Your menu, prices, allergen information and photos are right, and you have the right to use the photos and logo you send.
• Your restaurant follows the law that applies to it: food safety, licences, consumer rules, tax.
• Your guests pay you directly. Delivery is yours: your own drivers, or a courier you book (except as your Restaurant Pro quote says).
• Your team keeps its PINs to itself, and you tell us when someone leaves.
• You use your guests’ data lawfully, and tell them how you use it.

In your app, you are the controller of your guests’ and team’s personal data, and we process it for you as your processor. We use it only to run your app and on your instructions; keep it confidential and secure; use only the sub-processors listed in our Privacy Policy (we tell you before adding one, and you may object); help you answer guests’ requests and meet your security duties; tell you without undue delay about a breach we learn of; and delete or return the data within 90 days after your plan ends. You may ask us for the information you need to check this. This section is our data processing agreement under Article 28 of the GDPR.

Your menu, photos, logo and brand stay yours. You let us host, adapt and show them in your app, and as the founding offer says if you have it. Carte, its software, designs and the apps we build stay ours.

Do not use Carte to sell anything illegal, to mislead guests, to attack or overload the service, or to copy, take apart or resell it. We may suspend an app that breaks this, and tell you why.

The demo restaurant on eat.brainy.ink is for trying the app: its orders are not real and nothing is cooked or charged. Please do not type real personal details into it; it fills in a sample guest for you.

We work to keep your app running at all times and fix problems quickly, but we cannot promise it will never be interrupted, for example by a provider’s outage or by maintenance. Support is by WhatsApp and email on working days; Restaurant Pro has same-day priority support.

Our total liability to you is limited to what you paid us in the 12 months before the claim. We are not liable for lost profits, lost orders or other indirect loss. Nothing here limits liability that the law does not allow to be limited.

Either of us may end the service if the other seriously breaks these terms and does not put it right within 14 days of being told. If we ever stop offering Carte, we tell you at least 60 days before and refund any period paid in advance. After your plan ends you can ask for a copy of your menu and your guests’ orders within 30 days.

We may update these terms; we change the date above and tell customers by email at least 30 days before a change that matters to them takes effect. These terms are governed by the law of Estonia, and disputes go to Harju County Court in Tallinn, unless the law where you are gives you another right.