Last updated: February 20, 2026
This document constitutes a binding legal agreement between the company Meky SARL, domiciled at 24 Avenue du Millénaire, 1228 Plan-les-Ouates, Switzerland (hereinafter “Meky”, “we” or the “Service Provider”), and any legal entity, restaurant, hotel or establishment (hereinafter the “Customer”, the “Merchant” or “You”) subscribing to the SaaS services provided by Meky.
By creating an account, signing an order form or using the Meky platform, the Customer acknowledges having read, understood and unreservedly accepted these General Terms of Use in their entirety.
1.1. Meky application/Platform : Refers to the software infrastructure in Software-as-a-Service (SaaS) mode published by Meky, including the back-office management interface, the artificial intelligence (AI) generation modules, the optical character reader (OCR), the 3D/AR modeling algorithms, and the 3D/AR modeling algorithms, and the web interfaces (digital menus) made available to end users (restaurant customers).
1.2. Customer Data : Refers to all information, texts, prices, descriptions, descriptions, allergen data and raw photographs uploaded, entered or transmitted to the Platform by the Customer or its employees.
1.3. Technological deliverables : Refers to three-dimensional models (formats.glb, .gltf, etc.) and sublimated photographs generated by Meky's artificial intelligence algorithms based on Customer Data.
1.4. End user : Refers to the physical customer of the restaurant or hotel who consults the digital menu, views the 3D/AR models, or places an order via the Meky Application.
1.5. PSP (Payment Service Provider) : Refers to the third-party payment service provider, PCI-DSS certified, ensuring the secure processing and acquisition of financial flows related to orders placed by End Users.
Meky provides an all-in-one platform aimed at transforming the traditional menu into an integrated digital infrastructure. Depending on the subscription level purchased (Basic, Standard, Premium), the services include: the creation of multilingual digital menus, the generation of visuals optimized by AI, 3D modeling and visualization in Augmented Reality (AR), as well as the facilitation of order taking and payment.
2.1. Obligation of Means and Availability : Meky is committed to making its best efforts to ensure the availability of the Platform 24 hours a day, 7 days a week. However, access to the Platform may be temporarily suspended for reasons of planned maintenance, critical security updates, or failures in third-party cloud infrastructures. Meky does not guarantee that the Platform will be free of errors, bugs or interruptions.
2.2. Technological Limits and Artificial Intelligence : The Customer expressly acknowledges that AI visual sublimation and 3D modeling tools are technological sales support tools. Meky does not guarantee any absolute, colorimetric, mathematical or organoleptic similarity between the three-dimensional model generated on the screen and the physical dish served to the End User. AI generates visually-optimized representations. Therefore, Meky declines all responsibility in the event of a complaint from an End User related to a perceived discrepancy between the digital visual and the real product.
2.3. Source Data Quality : The performance of 3D modeling and AI improvement depends intrinsically on the quality of the raw data and photographs provided by the Customer. Meky cannot be held responsible for a lower quality final result if the initial captures made via smartphone by the Customer do not comply with the minimum technical guidelines provided during onboarding.
This article defines the distribution of intellectual property, which is a central element of Meky's value proposition.
3.1. Customer Property : The Customer retains the entire and exclusive intellectual property on the original photographs captured by him, the textual descriptions of his dishes, his price lists, his logo, his registered trademarks and the global visual identity of his establishment. The Customer grants Meky a non-exclusive, worldwide, free and transferable license to host, reproduce, modify and process this data for the sole purpose of providing and improving the services covered by this contract.
3.2. Meky Technological Property : The source code, database architecture, spatial reconstruction algorithms (3D/AR), machine learning models (machine learning), user interfaces (UI/UX) and any know-how developed by Meky remain the exclusive and inalienable property of Meky SARL. Any attempt to reverse engineer, decompile, automatically extract (scraping), or reproduce technological infrastructure is strictly prohibited and will be subject to legal proceedings.
3.3. Ownership of Technological Deliverables (3D Models and AI Photos) : By explicit derogation from the principles relating to the creation of works on order, it is agreed that all Technological Deliverables, including final 3D models and enhanced visuals generated by Meky's AI, remain the exclusive property of Meky SARL, regardless of whether they were generated from Customer Data.
3.4. Operating license granted to the Customer : Subject to the full and regular payment of subscription fees, Meky grants the Customer, for the strict duration of his active subscription, an exclusive, personal and non-transferable right to use the Technological Deliverables for the promotion of his establishment (including use on social networks, the restaurant's website and the Meky Platform). Upon termination of the subscription, for any reason, this license of use is immediately and automatically revoked. The Customer is formally prohibited from extracting, downloading or hosting 3D source files (.glb, .gltf) on third-party servers or competing platforms.
3.5. Transfer of Rights for AI Training and Promotion : In accordance with the provisions of the Copyright Act (LDA), the Customer expressly accepts that Meky irrevocably retains and uses the raw photographs and associated metadata for research and development purposes, specifically for the training, optimization and improvement of its artificial intelligence algorithms. In addition, the Customer grants Meky the right to use the Technological Deliverables generated for promotional purposes (portfolio, commercial demonstrations, case studies) to promote Meky technology. The anonymization of the data associated with the establishment will be carried out at the simple written request of the Customer.
As part of the digitalization of the customer journey, the transfer of operational responsibility to the physical establishment is absolute.
4.1. Accuracy and Legal Compliance of Information : The Customer is solely responsible for the accuracy of the information displayed on his digital menu. This includes setting and updating sales prices (VAT included), the accurate description of ingredients, and above all the strict and mandatory declaration of allergens in accordance with the DFI Food Information Ordinance (ODiD) and any health legislation in force in the Customer's jurisdiction.
4.2. Operational Independence : Meky acts exclusively as a supplier of technological infrastructure (software tool). Meky is in no way a party to the contract for the sale of foodstuffs concluded between the Customer and the End User. The Customer assumes full responsibility for food preparation, strict compliance with hygiene standards (HACCP principles), food safety, the quality of the products served, preparation times, and the direct or indirect consequences of any food poisoning or allergic reaction suffered by an End User.
4.3. Indemnification and Guarantee : The Customer undertakes to guarantee, indemnify and hold harmless Meky SARL, its managers and employees, from any liability, claim, lawsuit, fine or conviction emanating from an End User, an administrative authority or a third party, resulting from a breach by the Customer of its health, fiscal, regulatory obligations or an error in entering its digital menu.
This section oversees the deployment of the “Order & Payment” module provided for in Meky's strategic roadmap.
5.1. Transparent Agent : When the order and payment module is activated, Meky acts only as a transparent technical agent facilitating the transmission of order information between the End User and the Point of Sale (POS) system or the Customer interface.
5.2. Exclusive treatment by the PSP : All financial transactions are fully managed, processed and secured by a partner Payment Service Provider (PSP), duly authorized. Meky never cashes, never holds, and never transfers End-User funds to its own bank accounts, thus ensuring that it does not act as a financial intermediary subject to FINMA supervision.
5.3. Financial Responsibility Exemption : Meky declines all responsibility in the event of a failed transaction, bank card fraud, chargeback, commercial dispute between the End User and the Customer, or the unavailability of the PSP network infrastructure. The transaction fees imposed by the PSP (percentage commissions and fixed fees) are the sole responsibility of the Customer, unless explicitly configured to pass on these fees to the End User.
5.4. Tax Obligations : The Customer is solely responsible for the collection, declaration and repayment of Value Added Tax (VAT) and any other tax or tax related to the sale of its catering products and services.
6.1. SaaS pricing model : The use of the Platform is subject to the payment of a recurring subscription (monthly or annual) as defined in the price plan selected by the Customer (Basic, Standard, Premium) during onboarding. Invoices are issued periodically and payable in advance by bank card or direct debit (SEPA/LSV).
6.2. Default of Payment and Suspension : In the event of late payment of more than fourteen (14) days, Meky reserves the right to unilaterally suspend access to the Platform's back office as well as the public distribution of digital menus, without any compensation being claimed by the Customer. Any late payment leads to the application of late payment interest at the rate of 6% per year, plus fixed administrative costs.
6.3. Price Review and Indexation Clause : Meky reserves the right to change its price list and the amount of its subscriptions to reflect changes in technological and infrastructure costs or the addition of new functionalities. The Customer will be informed of any price increase by written notification at least thirty (30) days before it takes effect. Continued payment of the subscription after this notice period will constitute tacit and irrevocable acceptance of the new pricing. In case of disagreement, the Customer has the right to cancel his contract before the new rates come into force, without penalty.
This clause is fundamental to ensure the economic viability of Meky in the face of the risks inherent in the supply of B2B software.
7.1. Exclusion of Indirect Damages : To the fullest extent permitted by Swiss law, Meky SARL, its founders, directors, employees and subcontractors cannot under any circumstances be held liable for any indirect, incidental, punitive or consequential damages. The following are expressly excluded from any compensation: loss of turnover, loss of customers, loss of customers, operating loss, damage to brand image, business interruption or loss of data suffered by the Customer following the use or impossibility of using the Platform.
7.2. Strict financial cap : In the event of proven liability of Meky for direct damage (excluding cases of fraud or gross negligence), the cumulative civil liability of Meky SARL, all generating events combined with the execution or non-execution of this contract, is strictly limited. Under no circumstances may it exceed the total net amount of the SaaS subscription fees actually paid by the Customer to Meky during the twelve (12) months preceding the initial event that caused the damage.
7.3. Force Majeure : Meky cannot be held liable in the event of non-performance or delay in the performance of its obligations caused by a force majeure event, defined as any unforeseeable and insurmountable event beyond its reasonable control (including, without limitation, breakdowns of national telecommunications networks, major cyberattacks, failures of cloud data centers, natural disasters, pandemics, or strikes).
Meky recognizes the critical importance of data protection and structures its obligations in strict accordance with the new Swiss Federal Data Protection Act (NLPD) and the European General Data Protection Regulation (GDPR).
8.1. Qualification of Actors and Subcontracting : Regarding the processing of the personal data of End Users (restaurant customers browsing the digital menu or placing an order), the Customer acts as Data Controller and Meky acts exclusively as a Subcontractor.
8.2. Data Processing Agreement (DPA) : The parties' respective obligations concerning personal data are detailed in the Data Processing Agreement (DPA), which is made available to the Customer, annexed to these T&Cs, and is an integral part of them. The Customer undertakes to have a valid and accessible privacy policy on their digital menu.
8.3. Security and Technical Measures : Meky is committed to implementing appropriate technical and organizational measures (encryption, access controls) in accordance with industry standards to protect personal data against unauthorized access, loss, destruction or alteration. In the event of a proven data breach, Meky undertakes to notify the Customer as soon as possible provided for by the NLPD in order to enable it to fulfill its own legal notification obligations.
8.4. Conservation and Purpose : Personal data is only kept for the time necessary for the purpose of their processing. At the end of the contractual relationship, and subject to legal retention obligations (billing data), the personal data associated with the Customer's account will be deleted or anonymized. Article 3.5 remains applicable concerning the anonymization of photographs for algorithmic training.
9.1. Duration of the contract : The contract is concluded for an indefinite period, with commitment and billing cycles corresponding to the chosen plan (monthly or annual).
9.2. Ordinary Cancellation : In accordance with contractual freedom, each party may cancel the subscription by respecting a notice notified via the back office interface or in writing, before the renewal of the current billing cycle. No pro-rata temporis refunds will be made for the periods started.
9.3. Extraordinary cancellation for just cause : Meky reserves the right to terminate or suspend a Customer's account with immediate effect and without notice in the event of a serious violation of these Terms of Use (fraud, illegal activity, persistent non-payment, or endangering the security and reputation of the Meky Platform).
9.4. Data Reversibility and Export : At the end of the contract, the Customer will have the possibility, upon request made within 30 days following the termination, to export his raw data (price lists, menu texts, original photographs) in a readable standard format. However, in accordance with Article 3, the Technological Deliverables (3D models, photos optimized by AI) are not subject to any obligation of reversibility, portability or export, the license of use ending immediately with the subscription.
10.1. Applicable law : These General Terms of Use, as well as any dispute, controversy or claim arising directly or indirectly from them (including non-contractual disputes), are governed, interpreted and enforced exclusively in accordance with the substantive law of Switzerland, with the strict exclusion of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2. Juridical forum : Any dispute relating to the formation, validity, interpretation, interpretation, execution or termination of these T&Cs will be subject to the exclusive jurisdiction of the ordinary courts of the head office of Meky SARL (canton of Geneva, Switzerland). An appeal to the Swiss Federal Court remains reserved.