Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern access to and use of the Hapag digital menu platform at hapag.ph (the "Service"), operated by ACRET Philippines Incorporated ("Hapag," "we," "us," or "our"). By registering for an account, accessing, or using the Service, you ("Business Owner," "you," or "your") agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. These Terms constitute an electronic contract recognized under the Electronic Commerce Act of 2000 (RA 8792).

If you do not agree to these Terms, do not register for or use the Service.

Separate, lighter terms governing members of the public who scan a QR code to view a menu ("Customers") are set out in Section 13.

Quick Summary (not a substitute for the full Terms below): Hapag is a digital menu builder, not an ordering or payment system — we're not a party to any sale between you and your Customers. Subscriptions are billed monthly via manual bank transfer/GCash and activated after we verify your proof of payment. You own your menu content but grant us a license to display and translate it. Full details, disclaimers, and your rights are below.

2. Description of the Service

Hapag is a digital menu platform. It allows a Business Owner to create an online menu for their food business and generate a QR code that Customers can scan to view that menu on their own device.

Hapag is not, and does not act as:

• an online food ordering, delivery, or fulfillment platform;
• a point-of-sale (POS) or payment-processing system for transactions between a Business Owner and their Customers; or
• a party to any sale, order, or transaction between a Business Owner and a Customer.

Any transaction for food or beverages occurs directly and solely between the Business Owner and the Customer, entirely outside of Hapag.

3. Eligibility

To register as a Business Owner, you must:

• Be at least 18 years old;
• Have the legal authority to operate, or to represent, the food business you register;
• Provide accurate, current, and complete information during registration; and
• Not be barred from using the Service under Philippine law.

4. Account Registration and Security

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify us immediately at [email protected] of any unauthorized use of your account.
• You agree to keep your business profile information (contact details, business name, address) accurate and up to date.
• Hapag currently supports one owner account per business; multi-user staff accounts are not available in the current version of the Service.

5. Subscription Plans and Fees

Hapag currently offers two subscription tiers:

• Fees are quoted in Philippine Pesos (₱) and are exclusive of any applicable taxes unless stated otherwise.
• We may change our fees, plans, or the features included in each tier from time to time. We will give you at least thirty (30) days' prior notice of any fee increase or material reduction in features affecting your then-current plan; continued use of the Service after the effective date constitutes acceptance of the change.
• If you downgrade from Pro to Standard, Pro-only features (AI descriptions, translations) will no longer be available on your public menu, though previously generated content may remain stored subject to our Privacy Policy.
• We will issue BIR-compliant Official Receipts for subscription payments upon verification.

6. Payment Method and Verification

• Hapag currently accepts subscription payments only via manual bank transfer or GCash ("send money"). We do not currently process payments through an automated payment gateway or store your full bank/e-wallet credentials.
• To activate or renew a subscription, you must complete the transfer and upload a screenshot as proof of payment through your account.
• Payment verification and account activation are performed manually by ACRET admin staff and are not instantaneous; please allow 1–2 business days for review.
• We reserve the right to reject any proof of payment that is incomplete, altered, fraudulent, or does not match the amount/plan selected, and to suspend or decline to activate the associated account until the issue is resolved.
• Submitting fraudulent or manipulated proof of payment is a material breach of these Terms and may result in immediate suspension or termination of your account, and may be reported to the appropriate authorities.

7. Refunds and Cancellation

• You may cancel your subscription at any time by emailing [email protected]; cancellation will take effect at the end of your current billing period.
• Fees already paid are non-refundable, except where required by applicable law.
• If your subscription lapses or is not renewed, we may downgrade your account to a free/limited tier or deactivate your public menu page, subject to the data retention terms of our Privacy Policy.

8. Your Content and Intellectual Property

8.1 Ownership

You retain ownership of all business information, text, photos, logos, and other content you upload to Hapag ("Your Content").

8.2 License Grant to Hapag

By uploading Your Content, you grant ACRET a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, translate, and create derivative works of Your Content (for example, via our Pro-tier machine translation or AI description features) solely for the purpose of operating, providing, and improving the Service, including displaying your public menu to Customers.

8.3 Your Warranties

You represent and warrant that:

• You own or have all necessary rights, licenses, and consents to upload and display Your Content (including photos and logos) and to grant the license in Section 8.2;
• Your Content does not infringe any third party's intellectual property, privacy, or other rights; and
• Your Content, including menu descriptions, ingredient lists, and pricing, is accurate and not misleading.

8.4 Takedown

If you believe content on the Service infringes your intellectual property rights, please notify us at [email protected] with details of the alleged infringement, and we will investigate and take appropriate action, which may include removing the content.

8.5 Hapag's Intellectual Property

The Hapag name, logo, platform design, and underlying software are the property of ACRET and are protected by applicable intellectual property laws, including the Intellectual Property Code of the Philippines (RA 8293). Nothing in these Terms grants you any right to use ACRET's trademarks or branding without our prior written consent.

9. AI-Generated Content and Machine Translation (Pro Plan)

If you use Hapag's Pro-tier AI-assisted description or machine-translation features:

• AI-generated descriptions and machine translations are provided for convenience only and may contain inaccuracies.
• You are solely responsible for reviewing, editing, and approving any AI-generated or translated content before it is published on your live menu — particularly with respect to ingredients, allergens, pricing, and availability, given the potential health and safety implications for Customers.
• Hapag disclaims all liability for losses or harm arising from inaccurate, incomplete, or misleading AI-generated or translated menu content that you choose to publish.

10. Acceptable Use

You agree not to use the Service to:

• Upload or display content that is unlawful, fraudulent, defamatory, obscene, or infringing;
• Misrepresent your business, your menu items, their ingredients, or their pricing;
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our systems, or interfere with the Service's normal operation (consistent with the Cybercrime Prevention Act of 2012, RA 10175);
• Scrape, copy, or reproduce other businesses' menu content displayed on the Service without authorization;
• Use the Service to send unsolicited commercial communications; or
• Circumvent any subscription, payment-verification, or access-control mechanism of the Service.

We reserve the right to remove content or suspend accounts that violate this Section.

11. Service Availability and Disclaimers

• We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure and technology providers, and outages of those providers may affect the Service.
• The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
• We are not liable for any loss of business, revenue, or goodwill resulting from Service downtime, QR code scanning issues, or a Customer's device or network conditions.

12. Limitation of Liability

To the maximum extent permitted by Philippine law, ACRET's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total subscription fees you paid to Hapag in the three (3) months preceding the event giving rise to the claim. In no event shall ACRET be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if advised of the possibility of such damages.

Nothing in these Terms limits liability that cannot be limited or excluded under applicable Philippine law.

13. Customers Viewing Public Menus

If you are a member of the public scanning a QR code or visiting a menu link ("Customer"), the following applies to you:

• You do not need to create an account to view a menu, and Hapag does not knowingly collect personal information from you through the menu-viewing experience beyond a functional language-preference cookie (see our Privacy Policy).
• Menu content (item names, descriptions, prices, photos, ingredient, and allergen information) is created and controlled entirely by the Business Owner, not by Hapag. Prices, availability, and descriptions are subject to change without notice and may not always be up to date.
• Hapag does not verify the accuracy of ingredient, allergen, or nutritional information displayed on any menu. If you have food allergies or dietary restrictions, you should confirm directly with the food business/restaurant staff before ordering.
• Hapag is not a party to, and assumes no responsibility for, any order, sale, payment, or dispute between you and a Business Owner — such transactions occur entirely outside the Service.
• By using a Hapag-hosted menu page, you agree to use it only to browse menu information and not to misuse, scrape, or interfere with it.

14. Third-Party Services

The Service integrates with and relies on third-party infrastructure and technology providers for functions such as hosting, data storage, authentication, image storage, email delivery, translation, and AI-assisted content generation. These providers may change from time to time as we improve the Service; a current list of sub-processors that handle personal data is maintained in our Privacy Policy. Your use of the Service is also subject to the applicable terms of these providers where relevant, and we are not responsible for their acts or omissions.

15. Suspension and Termination

• We may suspend or terminate your account if you breach these Terms, fail to pay applicable subscription fees, submit fraudulent proof of payment, or engage in conduct that we reasonably believe harms Hapag, other users, or Customers.
• You may terminate your account at any time in accordance with Section 7.
• Upon termination, your public menu page and QR code will be deactivated. Data retention following termination is governed by our Privacy Policy.
• Sections 8 (Intellectual Property), 12 (Limitation of Liability), 17 (Governing Law), and any other provision that by its nature should survive, will survive termination.

16. Modifications to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on the Service and updating the "Last Updated" date, and, where required, by direct notice (e.g., email). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law principles.

The parties shall first attempt to resolve any dispute arising from these Terms amicably through good-faith negotiation. If a dispute cannot be resolved within thirty (30) days, it shall be submitted to the exclusive jurisdiction of the courts of Cebu City, Philippines.

18. Data Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and complies with the Data Privacy Act of 2012 (RA 10173).

19. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and ACRET regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control.

20. Contact Us

For questions about these Terms, please contact:

ACRET — Hapag

Address: 14th Floor, Latitude Corporate Center, Cebu Business Park, Lahug, Cebu City, 6000 Cebu, Philippines

Email: [email protected]