Acceptance of Terms
Welcome to TapFeast. By accessing or using our restaurant management platform and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
If you do not agree to these Terms, you may not access or use our Services. These Terms apply to all users of the Services, including restaurant owners, managers, staff, and end customers.
Eligibility
To use our Services, you must:
- Be at least 18 years old
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Services under applicable laws
- Provide accurate and complete information during registration
By creating an account, you represent and warrant that you meet these eligibility requirements.
Account Registration and Security
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Be responsible for all activities that occur under your account
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.
Description of Services
TapFeast provides a comprehensive restaurant management platform that includes:
- Digital QR code menu creation and management
- Online reservation system
- Customer review and feedback management
- Restaurant bio page with customizable branding
- Staff management and access controls
- Analytics and reporting tools
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
Pricing and Payment
TapFeast offers various subscription plans:
- Starter
- Professional Plan: $25/month (Coming Soon) - Everything in Free plus Reservation System, Customer Management, Advanced Analytics, Reviews & Feedback, and Table Management
- Enterprise
Payment Terms:
- Free plan requires no payment or credit card
- Paid subscriptions are billed monthly in advance
- All fees are non-refundable except as required by law
- Prices are subject to change with 30 days' notice
- You authorize us to charge your payment method for all fees
- Failed payments may result in service suspension
User Content
Your Content
You retain ownership of all content you upload to our Services ("User Content"), including menu items, photos, descriptions, and reviews. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your content as necessary to provide the Services.
Content Responsibilities
You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to the content
- Your content does not violate any third-party rights
- Your content complies with all applicable laws and these Terms
- Your content is not defamatory, obscene, or otherwise objectionable
Prohibited Uses
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Upload malicious code, viruses, or harmful software
- Engage in fraudulent or deceptive practices
- Harass, abuse, or harm other users
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the Services
- Use automated systems (bots, scrapers) without permission
- Resell or redistribute the Services without authorization
Intellectual Property Rights
The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by TapFeast and protected by copyright, trademark, and other intellectual property laws.
Our trademarks and trade dress may not be used without prior written consent. You may not modify, reproduce, or create derivative works based on our Services.
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties regarding availability, reliability, or accuracy
- Warranties that the Services will be uninterrupted or error-free
- Warranties regarding the security of data transmission
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPFEAST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Cost of substitute services
- Loss of goodwill or reputation
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless TapFeast, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
Termination
You may terminate your account at any time by contacting our support team. We may suspend or terminate your access to the Services immediately, without notice, if you:
- Violate these Terms
- Engage in fraudulent or illegal activities
- Fail to pay applicable fees
- Pose a security risk to the Services or other users
Upon termination, your right to use the Services will cease immediately. We may delete your account and User Content, though some information may be retained as required by law or for legitimate business purposes.
Dispute Resolution
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.
Arbitration Agreement
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Class Action Waiver
You agree to resolve disputes with us only on an individual basis, and you waive any right to bring claims as a class action, collective action, or representative action.
General Provisions
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.
Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and TapFeast regarding the Services.
Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.
Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
Contact Information
For questions about these Terms of Service, please contact us:
- Email: legal@tapfeast.com