1. Introduction and Acceptance of Terms
This Terms of Service Agreement (“Agreement”) governs your access to and use of the software, websites, and services provided by TABL Service LLC, a New York limited liability company (“TABL,” “we,” “us,” or “our”). TABL provides a suite of point-of-sale and digital ordering software products and related services, including TABL Portal, TABL POS, TABL Order, Pop-Up POS, and any future products or services (collectively, the “TABL Services”).
By accessing or using the TABL Services, you (“Merchant,” “you,” or “your”) agree to be bound by this Agreement. If you do not agree to these Terms, you may not access or use the TABL Services.
2. Definitions
- “Merchant” means any business entity or individual that registers for or uses the TABL Services to manage, sell, or process orders and payments.
- “Customer” means any end-user who places an order through TABL-enabled ordering channels, including web-based, SMS-based, or link-based ordering.
- “TABL Services” means collectively the TABL Portal, TABL POS, TABL Order, Pop-Up POS, and any future products, APIs, or software provided by TABL.
- “Third-Party Services” means services operated by entities other than TABL, including but not limited to Stripe, AWS, Google Cloud, Pexels, and OpenAI.
3. Scope of the TABL Services
digital menus, process orders, and accept payments through integrations with third-party processors. TABL is not a bank, money transmitter, or payment processor. All financial transactions are facilitated through third-party providers, including Stripe.
TABL may modify or enhance the TABL Services at any time. Continued use constitutes acceptance of such modifications.
4. Merchant Accounts and Use of Services
4.1 Eligibility. Merchants must be at least 18 years of age and authorized to conduct business in the United States.
4.2 Account Creation. Merchants are responsible for the accuracy of information provided, including business name, owner name, contact information, menus, and employee credentials.
4.3 Prohibited Conduct. Merchants may not:
(a) misuse or interfere with the TABL Services;
(b) reverse engineer, copy, or resell any portion of the software;
(c) remove or obscure any TABL branding, including the “Powered by TABL” mark; or
(d) use the Services for illegal or fraudulent activities.
4.4 Third-Party Payment Accounts. All payments are processed through Stripe. Merchants are required to create and maintain a Stripe Connected Account. By using the TABL Services, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/legal/connect-account.
4.5 Access and Use. Use of the TABL Services constitutes acceptance of these Terms. TABL may audit Merchant activity for compliance and may suspend accounts for violations.
5. Fees and Payment Terms
5.1 Application Fees. TABL collects fees automatically through Stripe’s application fee mechanism. Fees are deducted from each transaction before settlement to the Merchant. TABL does not directly debit Merchant bank accounts.
5.2 Refunds and Chargebacks. Refunds and chargebacks are governed by Stripe’s terms and policies. TABL is not responsible for disputes between Merchants and Customers.
5.3 Fee Changes. TABL reserves the right to modify its fees at any time. Updated fees will take effect upon publication and continued use constitutes acceptance.
6. Termination and Suspension
6.1 Termination by TABL. TABL may suspend or terminate a Merchant account for:
(a) 28 days of inactivity (no orders processed), or
(b) 14 consecutive days with the “active” status disabled without prior notice to TABL.
6.2 Effect of Termination. Upon termination, Merchant access to all TABL Services, digital menus, and administrative portals will cease immediately. TABL will have no obligation to maintain or provide access to data beyond the retention period stated below.
7. Data Retention and Deletion
Merchant data, including menus and order records, will be retained for ninety (90) days following account termination. Thereafter, all such data will be permanently deleted, except as required by law.
8. Intellectual Property Rights
8.1 TABL Ownership. TABL retains all rights, title, and interest in and to the TABL Services, including all related intellectual property, software, logos, trademarks, and documentation.
8.2 Merchant Content. Merchants retain ownership of all content they upload, including images and menu information. By uploading content, Merchant grants TABL a limited license to host, display, and distribute such content solely for use within the TABL Services.
8.3 Branding and Attribution. Merchants are prohibited from removing, altering, or obscuring TABL’s branding, including “Powered by TABL” marks, on any customer-facing materials or ordering pages.
9. Third-Party Services and Integrations
The TABL Services may rely on or include links to Third-Party Services such as Stripe, AWS, Google Cloud, Pexels, and OpenAI. TABL does not control and is not responsible for these third-party systems. Use of such services is subject to their own terms.
TABL’s uptime and availability are dependent on its cloud service providers and are subject to their service level guarantees. TABL makes no independent guarantee of uninterrupted operation.
AI-generated content (including menu descriptions) may contain errors or inaccuracies. Merchants are solely responsible for reviewing and approving all content prior to publication.
10. Beta and Experimental Features
From time to time, TABL may offer experimental or beta features. Access to such features requires express opt-in via email to support@tabl.page. Beta features are provided “as-is” without warranty or service-level commitments.
11. Confidentiality
Each party agrees to maintain the confidentiality of the other party’s non-public business, technical, or financial information disclosed in connection with the TABL Services. Confidentiality obligations survive termination of this Agreement.
12. Limitation of Liability
To the maximum extent permitted by law, TABL shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, revenues, or data. TABL’s total cumulative liability arising out of or related to this Agreement shall not exceed zero dollars ($0).
13. Indemnification
Merchant shall indemnify, defend, and hold harmless TABL, its officers, employees, and affiliates from and against any claims, damages, liabilities, and expenses arising out of:
(a) Merchant’s use or misuse of the TABL Services;
(b) Merchant’s violation of applicable law; or
(c) any claim alleging that Merchant content infringes third-party rights.
14. Governing Law, Venue, and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in New York. Each party irrevocably waives the right to a jury trial and to participate in any class or representative action.
15. Communications and Notices
TABL may provide notices via email, SMS, postal mail, or in-application notifications. All notices to TABL shall be directed to:
TABL Service LLC
Attn: Legal Department
208 Nellie Hill Acres
Dover Plains, NY 12522
Email: support@tabl.page
Electronic communications are deemed sufficient for all purposes under this Agreement.
16. Miscellaneous Provisions
16.1 Force Majeure. TABL shall not be liable for any failure or delay due to causes beyond its reasonable control.
16.2 Assignment. TABL may assign or transfer this Agreement to any successor or affiliate. Merchants may not assign without prior written consent.
16.3 Severability. If any provision is held invalid, the remaining provisions shall continue in full force and effect.
16.4 Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding the TABL Services and supersedes all prior agreements.
16.5 Changes to Terms. TABL may modify this Agreement at any time without notice. Continued use of the TABL Services following publication of updated terms constitutes acceptance.
17. Customer Terms
17.1 Scope. These terms apply to individuals placing orders through TABL-enabled ordering channels, including websites, SMS, or links provided by Merchants.
17.2 Relationship. TABL provides software tools to Merchants but is not a party to any transaction between Customers and Merchants.
17.3 Customer Responsibilities. Customers must ensure the accuracy of order details and contact information. Refunds and disputes must be handled directly with the Merchant.
17.4 Disclaimer. TABL disclaims all responsibility for order fulfillment, delivery, quality, or Merchant conduct. Use of TABL ordering channels is at the Customer’s sole risk.