Effective Date: 07-21-2025
These Terms of Service ("Terms") together with the onboarding form constitute the service agreement between you ("Merchant," "User," "you," or "your") and MFMsoft, LLC ("MFMsoft," "we," "our," or "us"). These Terms govern your access to and use of MFMsoft’s proprietary software tools, services, and related offerings ("Offerings"), including any information, capabilities, and services available through our digital systems. By using our software solutions, you agree to be bound by these Terms and our Privacy Policy. If you are a consumer residing in the European Union, supplemental provisions apply as outlined in the French/EU Consumer Addendum below.
1. Definitions
2. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Nevada, United States. If you are a consumer in the EU, your local consumer protections under applicable law shall prevail.
Disputes involving EU consumers may be submitted to the European Commission’s Online Dispute Resolution (ODR) platform.
3. Use of Services
During the term of this agreement and subject to your compliance, MFM will provide you access to the Offerings. Services are licensed for your internal business use and are restricted to your digital systems and operations. You agree not to:
You are solely responsible for obtaining any necessary credentials from TOOS or Sites to enable MFM to integrate Brand product data.
4. Privacy and Data Protection
MFMsoft’s Privacy Policy outlines how data is collected, used, and protected in compliance with the GDPR and other applicable laws. While we do not collect PII from your customers, we may process transactional data, which may be considered personal data under the GDPR.
We rely on:
For more information on rights and safeguards, refer to our Privacy Policy.
5. Data Rights and Compliance
You agree that MFM may collect and use Order Data to:
5(b): Customer License and Data Ownership
The license granted by each Merchant is made directly with MFMsoft, LLC, and with no other company or third party. By entering into this agreement, you acknowledge and agree that MFMsoft has the sole and exclusive rights to capture, store, and process all Order Data and related transactional information obtained through your systems. MFMsoft retains full ownership of all data once captured and may use such data for any lawful purpose, including but not limited to: analytics, marketing, sales enablement, optimization services, data aggregation, licensing, or making such data available to other third parties for their business purposes. You expressly acknowledge that once Order Data is transmitted to and captured by MFMsoft, such captured data becomes the property of MFMsoft, and you shall have no ownership interest or rights therein other than those explicitly granted by these Terms.
MFMsoft complies with international data transfer requirements, including the use of Standard Contractual Clauses (SCCs) when data is transferred outside the EU. You confirm that consent for this processing is granted by using our platform.
MFMsoft does not use any indicators, key numbers, or units to connect and track the customer. MFMsoft has no way of creating indicators that follow the customer within your systems or others.
6. Intellectual Property
MFMsoft retains all rights, title, and interest in and to the Offerings and underlying software, including all updates, enhancements, and derivatives. You are granted a limited, non-exclusive, non-transferable license to use MFM for the duration of this agreement. All Brand assets remain the property of their respective owners and may only be used as authorized through MFM’s system.
7. Brand Integration and Product Rights
You agree to allow MFM and associated Brands to inject product assets (images, descriptions, etc.) into your digital systems. By connecting your Sites to the Brand’s MFM registration, you authorize Brand asset use and permit MFM to update or override Brand-related content across your menus.
8. Modifications to Services
MFM reserves the right to modify or discontinue any part of the Offerings with or without notice. We will notify you of material changes through your account dashboard or contact email. Continued use of the platform signifies your acceptance of such changes.
9. Termination
Either party may terminate the agreement upon written notice. Upon termination, all licenses granted under this agreement shall immediately cease, and MFM may discontinue access to its systems.
10. Disclaimer and Limitation of Liability
We provide the Offerings "as is" and disclaim all implied warranties, including merchantability and fitness for a particular purpose.
In no event shall MFMsoft be liable for indirect, incidental, or consequential damages. Our maximum liability shall be limited to the total fees paid by the Merchant in the 12 months prior to any claim. This does not limit consumer protections that cannot be waived by law.
11. Notices
Routine and legal communications shall be sent by email:
12. Severability
If any provision of these Terms is found to be unenforceable, the remaining sections shall remain valid and enforceable.
French and EU Consumer Addendum
These supplemental terms apply to consumers located in France and other EU member states.
A. Right of Withdrawal
You have the right to cancel your agreement with MFMsoft within 14 calendar days of acceptance without providing a reason. To exercise this right, contact: [email protected] with the subject “Withdrawal Notice.”
B. Legal Guarantees
Consumers are entitled to a two-year legal guarantee of conformity and protection against hidden defects under French law.
C. Dispute Resolution
You may submit disputes to the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr or to mediators, including CMAP or MEDICYS.
D. Data Rights
You may exercise your GDPR rights (access, correction, erasure, objection, portability) by contacting [email protected] or your national supervisory authority (e.g., CNIL in France).
E. Language and Interpretation
If requested, these Terms may be provided in French. In the event of inconsistency, the version most favorable to the consumer under local law shall apply.
Merchant Onboarding Checklist
| Step | Task | Description | Responsible Party |
| 1 | Complete Brand Digital Registration Form | Authorize MFMsoft to connect with your TOOS/POS accounts and upload Brand products | Merchant |
| 2 | Submit Login Credentials (if required) | Provide MFM with POS/TOOS system access for initial integration | Merchant |
| 3 | Accept Terms of Service | Agree to latest version of MFMsoft’s ToS and EU Addendum | Merchant |
| 4 | Review Privacy Policy | Acknowledge MFMsoft’s data handling and GDPR-compliant practices | Merchant |
| 5 | Enable Brand Product Injection | Confirm enrollment of each digital menu or platform | Merchant |
| 6 | Data Access Authorization | Confirm your consent for MFMsoft to collect and use Order Data | Merchant |
| 7 | Account Activation | MFM confirms system integration and product injection is complete | MFMsoft |
| 8 | 30-Day Brand Sync Window | Allow up to 30 days for TOOS system changes to fully integrate brand content | MFMsoft |
| 9 | Monitor Menu Listings | Verify accuracy of brand products, names, nutritional info, and upsell positions | Merchant |
| 10 | Compliance Confirmation | Use the tools in accordance with IP, data privacy, and site security terms | Both |
Key Merchant Responsibilities
What MFMsoft Does With Your Data
| Data Type | Used For | Shared With | Retained Until |
| Order Data | Analytics, product optimization | Brands, partners (aggregated) | Per retention policy |
| POS Metadata | Access and sync | Not shared externally | Limited to integration phase |
| Brand Product Details | Injection into your menus | Managed with Brand's permission | Synced continuously |
| Merchant Info | Account setup, support | Internal use only | Duration of account |
Attachments & Required Documents
Support & Contact Info
Acknowledgment
By digitally accepting the MFMsoft registration form, you:
Thank you for choosing MFMsoft to power your menu, product visibility, and analytics operations.
Last updated: 7-17-2025