Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by TableAgent, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a TableAgent.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
TableAgent offers a variety of optional paid services, collectively known as “Subscription Services,” which include but are not limited to Premium Accounts, SMS Texting, Offline and Private Accounts, Payment Gateway, and sales of gift certificates. When you choose to subscribe to any of these Subscription Services, you agree to pay the specified fees, which are listed net of tax and may be billed monthly, quarterly, annually, or triennially as per the service plan you select.
Subscription fees are due in full on the commencement date of your subscription period. The payment will be charged to your provided payment method on a pre-pay basis at the time of your subscription initiation. This payment secures your access to the Subscription Service for the duration of the chosen subscription period (monthly, quarterly, annual, or triennial).
The subscription fees, displayed net of tax, are prominently accessible for review before you commit to the Subscription Service. By proceeding with the subscription, you acknowledge and agree to these net-of-tax fees and the payment schedule. We reserve the right to revise the subscription fees or introduce new charges for existing or new services. Any such changes will apply on a going-forward basis.
Your Subscription Service is subject to automatic renewal. Unless you expressly notify TableAgent through the designated method in your account dashboard before the end of your current subscription period, your Subscription Service will automatically renew for the same term (be it annual, quarterly, or monthly). Upon renewal, you authorize us to charge the applicable subscription fee, along with any applicable taxes, to the payment method we have on record for you. To avoid any unwanted charges, we recommend keeping your payment details up to date and reviewing your subscription preferences regularly. For your convenience, we will attempt to provide a reminder notice prior to your subscription renewal date, but the responsibility to cancel in time remains with you. Instructions for canceling your Subscription Service can be found in the Billing section of your business account dashboard. It is important to note that cancellation requests must be made prior to the renewal date to prevent the next term's charge.
All purchases of Subscription Services are final and non-refundable. The Subscription Term, once commenced, will continue until the expiration date as per the chosen plan (monthly, quarterly, annual, or triennial). If you choose to discontinue using the Subscription Service at any point during an active Subscription Term, please be aware that we cannot offer a refund, prorated or otherwise, for the remaining portion of the Subscription Term. This no-refund policy applies irrespective of your usage of the service during the Subscription Term. We encourage you to carefully evaluate our services before subscription to ensure they meet your needs. However, in exceptional circumstances, such as service non-performance or other significant issues directly attributable to us, we may, at our sole discretion, consider issuing a refund.
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services three (3) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
We reserve the right, at our sole discretion, to modify, add, or remove portions or all of the Subscription Services at any time without prior notice. Changes to the services may include the addition or elimination of features, functionalities, or content. We may also discontinue offering certain services altogether. Such modifications may be made for any reason, including but not limited to, user engagement, technical reasons, or legal compliance. By continuing to use the Subscription Services after such changes are made, you are expressing and acknowledging your acceptance of the changes. We will endeavor to notify users of significant changes to the Subscription Services, but we are under no obligation to do so. It is your responsibility to review the terms and conditions periodically to stay informed of any changes.
Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
As a US-based company, TableAgent does not collect sales taxes, value-added taxes (VAT), or any other form of taxes on the Subscription Services offered. The prices are net of tax, net of VAT, and you, as the user, are solely responsible for determining any tax obligations you may have in your country or jurisdiction related to your purchase and use of our services. We encourage you to consult with a tax advisor or your local tax authority to understand and fulfill these responsibilities. By subscribing to our services, you acknowledge that TableAgent is not responsible for collecting, reporting, or remitting any taxes arising from your use of our Subscription Services.
Our Free Services offer a generous array of features and functionalities, but we reserve the right to modify, add, or remove any of these features at our discretion, without prior notice. Additionally, to ensure fair usage and accessibility for all our clients, the Free Service tier is limited to one location per restaurant ownership. If you operate multiple locations, even under different names, only the first registered account will be eligible for the Free Services tier. All other locations under the same ownership will require a Premium account upgrade.
We understand that every business has unique needs. Therefore, in exceptional cases and at our sole discretion, we may make exceptions to this policy. However, these exceptions are not guaranteed and should not be expected as a standard practice. We also reserve the right to suspend, limit, or terminate Free Services for any reason, at any time, without notice. This includes termination due to inactivity, excessive use of system resources, or non-compliance with any other terms of service. Such actions are taken to ensure optimal service performance and availability for all users.
Our paid services, including Premium accounts, provide enhanced features and capabilities. While we strive to offer reliable and high-quality services, we do not guarantee that these services will be error-free or uninterrupted. The performance of our services is contingent on various factors, some of which are beyond our control, such as cloud service providers like AWS, network and security layers like Cloudflare, and other third-party services.
When using third-party services such as Stripe or Square for payment processing, you acknowledge that these services are independent of our platform. While we may facilitate their integration, it is your responsibility to ensure that these integrations are correctly set up and functioning, including the validity of API keys and other integration elements. We are not responsible for any errors or issues arising from the use of third-party services.
By using our paid services, you agree to a waiver of liability for TableAgent.com. This waiver includes any claims related to errors, interruptions, or other issues associated with our services and any third-party services. While we will endeavor to maintain the smooth operation of our services, we cannot be held liable for any direct, indirect, incidental, or consequential damages caused by the use or inability to use our services, even if we have been advised of the possibility of such damages.
Our Acceptable Use Policy (AUP) outlines the guidelines and limitations regarding the use of our services, systems, and websites. This policy is designed to ensure that our services are used responsibly and ethically. The AUP specifies the permissible and prohibited activities to maintain the integrity and reliability of our services for all users.
It is important to understand that compliance with this AUP is a condition of your use of our services. We reserve the right to evaluate and determine, at our sole discretion, what constitutes a violation of this policy. In assessing potential breaches, we will consider the context and nature of the conduct in question, as well as its impact on our services and other users.
Violation of the AUP may result in corrective action by TableAgent.com, which may include warning the offending party, suspending or terminating the service, and/or legal action. We are committed to providing a fair process and will consider all relevant factors and evidence before making a decision. Our aim is to foster a safe, secure, and positive environment for all users, and adherence to the AUP is critical in achieving this goal.
To maintain high-quality cloud service performance, all service plans, including Free and Premium accounts, are subject to resource usage limitations. These limitations apply to various aspects of service use, such as dashboard and website activity, SMS texting, disk space, and web traffic. Excessive usage that negatively impacts our server or network performance is subject to review and action.
For Premium accounts, while we provide additional resource allocations, it is important to note that these accounts are also subject to our excessive use policy. If a Premium account is found to be using resources excessively or abusively, leading to degradation of service for other users, we reserve the right to take appropriate measures. These measures may include modifying or limiting your use of our services, and in severe cases, we may need to impose additional fees or seek damages to compensate for the overuse.
TableAgent.com retains sole discretion in determining what constitutes excessive use of system resources. In instances where excessive usage is identified, we may contact the account holder to discuss usage patterns and potential solutions before taking action. However, in cases where excessive use is clear and presents immediate risks to our service integrity, we may suspend or terminate the service without prior notice. Our goal is to ensure a fair and optimal experience for all users, and we appreciate your cooperation in adhering to these terms.
In order to maintain the integrity of our service and provide a focused user experience, TableAgent strictly prohibits the posting of external links that lead to third-party services, websites, or competing providers. The only exception to this rule is the inclusion of links directing to the official website of the business currently using the TableAgent reservation platform. This policy is in place to prevent redirection of our users and visitors to external sites, which could potentially lead to confusion, divided attention, or conflict of interest.
Violations of this policy are taken seriously and may result in immediate termination of your account without prior notice. TableAgent actively monitors for such links and reserves the right to remove any content that we determine to be in breach of this policy. Our goal is to ensure a safe, secure, and relevant online environment for all users, and adherence to this policy is essential in achieving this objective.
TableAgent has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, TableAgent does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TableAgent disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TableAgent.com links, and that link to TableAgent.com. TableAgent does not have any control over those non-TableAgent.com websites, and is not responsible for their contents or their use. By linking to a non-TableAgent.com website, TableAgent does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TableAgent disclaims any responsibility for any harm resulting from your use of non-TableAgent.com websites and webpages.
As TableAgent asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TableAgent.com violates your copyright, you are encouraged to notify TableAgent in accordance with TableAgent’s Digital Millennium Copyright Act (“DMCA”) Policy. TableAgent will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TableAgent will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TableAgent or others. In the case of such termination, TableAgent will have no obligation to provide a refund of any amounts previously paid to TableAgent.
This Agreement does not transfer from TableAgent to you any TableAgent or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TableAgent. TableAgent, TableAgent LLC., TableAgent.com, the TableAgent.com logo, and all other trademarks, service marks, graphics and logos used in connection with TableAgent.com or our Services, are trademarks or registered trademarks of TableAgent or TableAgent’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TableAgent or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Our Services are provided “as is.” TableAgent and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TableAgent nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will TableAgent, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to TableAgent under this agreement during the twelve (12) month period prior to the cause of action. TableAgent shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and TableAgent reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless TableAgent, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between TableAgent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TableAgent, or by the posting by TableAgent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TableAgent may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The materials appearing on TableAgent.com website could include technical, typographical, or photographic errors. TableAgent.com does not warrant that any of the materials on its website are accurate, complete, or current. TableAgent.com may make changes to the materials contained on its website at any time without notice. TableAgent.com does not, however, make any commitment to update the materials.
If you are a paying subscriber to the Service, to the extent that TableAgent processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
This document was last updated on January 2, 2024
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