Terms of Service - TapFeast

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.

Subscription and Payment Terms

TapFeast offers subscription plans that provide access to our restaurant management platform. By subscribing, you agree to the following terms:

Available Plans

Free Plan: $0/month — one venue, two menu categories, up to 20 menu items, QR menu, public page, basic branding, and QR download; no analytics
Starter Plan: $5/month — unlimited menu items, food photos, custom colors, and basic analytics
Growth Plan: $15/month — Everything in Starter plus a 24/7 reservation system, Customer CRM, customers feedback collection, and advanced analytics

Billing Cycle and Payment Terms

Your TapFeast subscription will continue until you cancel. To purchase a subscription, you must provide a valid payment method. Unless you cancel before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your payment method.

The subscription fee and any applicable taxes will be charged on the payment date shown on your billing page. The length of your billing cycle depends on the plan you choose (monthly or annual). Your payment date may change if your payment method fails to settle, when you change your plan, or if your subscription began on a day not contained in a given month.

Payment Methods

We use Stripe to process all payments securely. You authorize us to charge your payment method for all subscription fees. If your primary payment method is declined or no longer available, we may charge any backup payment method associated with your account. You remain responsible for any uncollected amounts.

If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we successfully charge a valid payment method. Your payment method issuer may charge fees such as foreign transaction fees. We may pre-authorize your payment method to verify it and cover upcoming charges.

Updating Your Payment Method

You can update your payment method through your billing settings. We may also update your payment method using information provided by payment service providers. Following any update, you authorize us to continue charging the applicable payment method.

Cancellation

You can cancel your TapFeast subscription at any time from your billing settings. Cancellation takes effect at the end of your current billing period. Payments are non-refundable and we do not provide refunds or credits for partial subscription periods or unused features.

If you cancel during a free trial, your access will continue until the trial period ends. After cancellation, you will lose access to premium features but your data will be retained for 90 days in case you wish to resubscribe.

Changes to Price and Plans

We may change our subscription plans and pricing from time to time. We will notify you at least 30 days before any price changes or plan modifications become effective. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

Free Trial

New subscribers may be eligible for a 30-day free trial. During the trial, you have full access to all features of your chosen plan. You will not be charged until the trial period ends. You can cancel at any time during the trial to avoid being charged.

Free trials are available only to new subscribers and cannot be combined with other offers. We reserve the right to modify or discontinue trial offers at any time.

Data Ownership & Portability

You retain all ownership rights to your restaurant data, including menu items, photos, descriptions, customer information, and reviews uploaded to our Services. We claim no ownership over your content.

You may export your data at any time through your account settings. Upon account termination, you have 90 days to export your data before it is permanently deleted, except where retention is required by law.

Service Availability & Uptime

We strive to maintain high service availability but do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to scheduled maintenance, system updates, or unforeseen technical issues.

We will provide advance notice of scheduled maintenance when possible. We are not liable for any losses arising from service interruptions beyond our reasonable control.

Refund Policy

Payments are generally non-refundable. However, we may provide refunds or credits in the following circumstances:

Service outages exceeding 24 consecutive hours
Material changes to features you actively use
Accidental duplicate charges
As required by applicable consumer protection laws

Refund requests must be submitted within 30 days of the charge. All refund decisions are at our sole discretion.

Third-Party Services

We use Stripe, Inc. to process all payments. By using our Services, you also agree to Stripe's Terms of Service and Privacy Policy, available at stripe.com.

We are not responsible for the performance, availability, or policies of third-party services integrated with our platform. Your use of third-party services is subject to their respective terms.

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 Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts located in Ottawa, Ontario.

Informal Resolution First

Before pursuing formal legal action, both parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days. If negotiation fails, disputes may be resolved through the courts of Ontario.

Class Action Waiver

To the extent permitted by Ontario law, 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 proceeding.

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 or your account without our prior written consent. We may assign these Terms to any affiliate, successor, or acquirer of our business.

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: Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to: internet service provider failures, power outages, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Survival: Sections regarding Data Ownership, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Payment Obligations shall survive termination of these Terms.

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