The agreement that governs your use of Tableview.

• "Customer Data" means any data, content or material that the Customer or its users upload to, generate in or transmit through the Service, including orders, tabs, menus, diner profiles, payment events and messaging history.
• "Documentation" means the user guides, help-centre articles and API reference materials made available by Tableview.
• "Order Form" means an ordering document executed by the parties referencing these Terms or the MSA.
• "Service" means the Tableview software-as-a-service product, the marketing site, the APIs, the certified payment terminals and accessories supplied by Tableview, and any related professional services.
• "Subscription Term" means the period for which the Customer has purchased a subscription to the Service, as set out in the Order Form (or, in the absence of an Order Form, the period during which the Customer maintains an active account).
• "User" means an individual authorised by the Customer to use the Service under the Customer's account.

You must be 18 or older to create an account. The individual creating the account warrants they are authorised to bind the Customer. You are responsible for the security of your credentials and for all activities that occur under the account, whether or not authorised. You agree to enable multi-factor authentication for all admin Users where supported.

You may invite Users to your tenant. You are responsible for the actions of every User you invite, for ensuring each User is bound by an enforceable confidentiality and acceptable-use obligation, and for revoking access promptly when a User no longer needs it. You agree to provide accurate billing and contact information and keep it current.

Subject to your compliance with these Terms and your payment of fees, Tableview grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Service solely for the internal business operations of the Customer at the venues identified in the Order Form (or, in the absence of an Order Form, at the venues you have registered in the product).

You agree not to (and not to permit any third party to):

• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Documentation in any way.
• Modify or make derivative works based upon the Service or the Documentation.
• Reverse engineer, decompile or disassemble the Service, except to the extent expressly permitted by applicable law notwithstanding this restriction.
• Access the Service to build a competitive product or service, to copy any features, functions or graphics of the Service, or to benchmark or publish performance information about the Service without our prior written consent.
• Use the Service to send spam or otherwise duplicative or unsolicited messages outside the lawful diner-communication scope of your venue.
• Use the Service to store or transmit infringing, libellous or otherwise unlawful or tortious material, or material in violation of third-party privacy rights.
• Use the Service to store or transmit malicious code or interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.
• Attempt to gain unauthorised access to the Service, its related systems or networks, or to any other Tableview customer's tenant.
• Access the Service via automated tools beyond documented APIs and the rate limits we publish.

Fees are set out in the Order Form or, in the absence of an Order Form, on our pricing page at the time of subscription. Unless otherwise stated, all fees are exclusive of VAT, GST, sales and use, withholding and similar taxes; you are responsible for the timely payment of all such taxes (other than taxes based on our income).

• Billing cycle. Subscription fees are billed monthly or annually in advance. Usage-based or transactional fees (where applicable) are billed monthly in arrears.
• Currency. Invoices are issued in the currency stated on the Order Form (GBP, EUR or USD by default).
• Payment terms. Net 30 days from the invoice date for invoiced customers; immediate charge for credit-card customers. Disputed amounts must be raised in writing within 15 days of the invoice date.
• Late payment. Overdue amounts accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. We may suspend the Service after 30 days' written notice of non-payment.
• Auto-renewal. Annual subscriptions automatically renew for successive terms of equal length unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.
• Pricing. Per-location, per-terminal and per-User pricing is calculated on the live count at the start of each billing period. We may update list pricing on 60 days' written notice; existing committed terms in your Order Form are unaffected for the remainder of the current term.
• Refunds. Fees are non-refundable except where required by law or expressly provided in these Terms.

From time to time we may offer free trials, pilots or beta releases of the Service or specific features ("Beta Features"). Beta Features are provided "as-is" and "as-available", without any warranty, may change or be withdrawn at any time, and may have reduced support and SLA. Customer Data created in a trial that you do not convert to a paid subscription will be deleted within 30 days of trial expiry unless you sign up.

Where you enable Tableview Payments, payment processing is provided by our regulated acquiring and orchestration partners, who are the financial-services regulated entity for that activity. Use of Tableview Payments is subject to the partner's connected-account terms presented during activation, and to the additional Tableview Payments Schedule attached to your Order Form (if any).

• Payouts. Funds are settled to your designated bank account on the schedule disclosed at activation, subject to standard fraud and risk holds.
• Card data scope. Full primary account numbers never reach Tableview servers. Card data is tokenised at the certified terminal and exchanged with the acquirer.
• Chargebacks. You are responsible for chargebacks, refunds and reversal fees arising from transactions you process. We will pass through evidence-collection requests from the acquirer and the issuing bank.
• Compliance. You agree to comply with the rules of the relevant card networks and applicable anti-money-laundering and sanctions law as they apply to merchants. We may suspend Tableview Payments if continued processing would put us, the acquirer or you in breach of those rules.

If you purchase or rent hardware (POS terminals, kitchen display systems, printers, accessories) from Tableview, the additional hardware terms apply: title to purchased hardware passes on full payment; risk passes on delivery; warranty is the manufacturer's standard warranty plus any extended warranty you purchased. Rented hardware remains the property of Tableview and must be returned in good working order, fair wear and tear excepted, at the end of the rental term.

As between the parties, you retain all right, title and interest in and to Customer Data. We claim no ownership over your orders, menus, diner profiles, messaging history or any other Customer Data. You grant Tableview a non-exclusive, worldwide, royalty-free licence to host, transmit, copy, display and otherwise process Customer Data solely to deliver, support, secure and improve the Service in accordance with these Terms, the DPA and applicable law.

We process personal data contained in Customer Data as a processor on your behalf. Our processor obligations are set out in the DPA, which is incorporated into these Terms and accepted by your acceptance of these Terms. The DPA includes the EU Standard Contractual Clauses and the UK International Data Transfer Agreement where applicable.

We retain all right, title and interest in and to the Service, the Documentation and the Tableview brand, including all related intellectual property rights. No rights are granted to you under these Terms other than as expressly set out here. Tableview, the Tableview logo, and all related marks are trademarks of Tableview Limited. You may not use them without our prior written consent except as required to fairly identify the Service.

If you provide us with suggestions, ideas, requests for improvement or other feedback ("Feedback"), you grant Tableview a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up licence to use, modify and incorporate the Feedback into our products and services, without any obligation to you.

In addition to the restrictions in "Licence grant", you agree to use the Service in compliance with all applicable law and not to use the Service for any unlawful, fraudulent, infringing or harmful purpose. We may investigate, monitor and take appropriate action against any User or Customer Data that we reasonably believe violates these Terms, including by removing the offending content, suspending or terminating accounts, or referring matters to law enforcement.

We target 99.9% monthly uptime for the production Service, calculated as set out in the Service Level Annex attached to your Order Form (or, in the absence of an Order Form, as published on our support page). Real-time status and historical availability are published at support. Service credits for missed targets are defined in the Service Level Annex and are the Customer's exclusive remedy for unavailability.

Support hours, response targets and resolution targets depend on your plan and are published at support. Scheduled maintenance is communicated in advance with no less than 48 hours' notice except in emergencies.

The Service may interoperate with third-party services (e.g. Uber Eats, Deliveroo, DoorDash, accounting platforms, identity providers). Those third-party services are governed by their own terms and privacy policies. Tableview is not responsible for any third-party service or for any disclosure, modification or deletion of Customer Data that results from your or your Users' use of a third-party service.

You may terminate your account at any time. Annual prepayments are non-refundable except where required by law. Either party may terminate these Terms for material breach by the other party if the breach is not cured within 30 days of written notice (or immediately, if the breach is incapable of cure). We may suspend or terminate the Service immediately if continued operation presents a material security risk, would violate law or sanctions, or is required by an order of a competent authority.

On termination of these Terms, your right to access the Service ceases. We will make Customer Data available for export in standard formats for 30 days after termination. After 30 days we will delete or anonymise Customer Data in accordance with the retention schedule in our Privacy Policy and the DPA. Sections of these Terms that by their nature should survive termination will survive, including without limitation fees accrued before termination, intellectual property, confidentiality, indemnification, liability, warranty disclaimers and governing law.

Each party may have access to non-public, confidential information of the other party in connection with the Service ("Confidential Information"). Each party agrees to use the other's Confidential Information only for purposes consistent with these Terms and to protect it using the same degree of care it uses for its own confidential information of similar nature (and in any event no less than a reasonable degree of care). Confidential Information does not include information that is or becomes public through no fault of the receiving party, was independently developed, was rightfully received from a third party without confidentiality obligations, or is required to be disclosed by law (with prompt notice to the disclosing party where lawful).

Each party represents and warrants that it has the legal power and authority to enter into these Terms. Tableview further warrants that the Service will perform materially in accordance with the Documentation. Your exclusive remedy for breach of the foregoing warranty is correction of the non-conforming Service and, if Tableview is unable to do so within a reasonable period, termination of the affected portion of the Service and a pro-rata refund of pre-paid fees for the unused portion of the Subscription Term.

By Tableview. We will defend, indemnify and hold harmless the Customer from and against any third-party claim alleging that the Service, when used in accordance with these Terms, infringes any registered patent, copyright or trademark of that third party, and we will pay damages and reasonable legal fees finally awarded against the Customer (or agreed in settlement). Our obligations do not apply to claims arising from (a) Customer Data, (b) combination of the Service with anything not provided by Tableview, (c) modification of the Service other than by Tableview, or (d) use of the Service after notice to stop.

By Customer. You will defend, indemnify and hold harmless Tableview from and against any third-party claim arising from Customer Data, your or your Users' use of the Service in breach of these Terms or applicable law, or your acts or omissions in your business operations (including diner communications, refunds, food safety and tax compliance).

The indemnified party will (i) promptly notify the indemnifying party of the claim, (ii) give the indemnifying party sole control of the defence and settlement (provided no settlement may admit liability without the indemnified party's consent), and (iii) provide reasonable cooperation at the indemnifying party's cost.

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, lost revenues, lost data or cost of substitute goods or services, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

Each party's aggregate liability under or in connection with these Terms is capped at the fees paid or payable by the Customer to Tableview under these Terms in the 12 months preceding the event giving rise to the claim. The cap applies in the aggregate to all claims and to both parties.

Nothing in these Terms limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, gross negligence, wilful misconduct, infringement by one party of the other party's intellectual property rights, indemnification obligations, breach of confidentiality, or any other liability that cannot be excluded or limited by law.

Neither party will be liable for any delay or failure to perform under these Terms (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, earthquakes, pandemics, network or power outages, denial-of-service attacks or strikes. The affected party must notify the other party promptly and use commercially reasonable efforts to resume performance.

We may update these Terms from time to time. If we make a material change we will notify you at least 30 days in advance by email, by in-product notice to admins, or both. Non-material changes (typos, clarifications, updates to reflect new features) take effect on posting. The "Last updated" date at the top reflects the most recent revision. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you do not accept the updated Terms you must stop using the Service and may terminate your subscription as set out in "Suspension and termination".

• Notices. Notices to Tableview must be in writing and sent to office@tableview.com. Notices to you will be sent to the email address(es) of your admin Users on file, and will be deemed received on the day of transmission.
• Electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
• Assignment. You may not assign these Terms or any rights or obligations without our prior written consent, except to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of your assets, provided the assignee assumes all obligations. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of our business.
• Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment or fiduciary relationship.
• No third-party beneficiaries. There are no third-party beneficiaries of these Terms.
• Waiver and severability. A failure to enforce any right is not a waiver. If any provision is found unenforceable, the remainder will continue in full force and the unenforceable provision will be modified to the minimum extent necessary.
• Entire agreement. These Terms, the DPA, the Order Form (if any) and any annexes referenced therein constitute the entire agreement between the parties on this subject and supersede all prior or contemporaneous agreements.

These Terms are governed by the laws of England and Wales, excluding its conflicts-of-laws rules. Subject to the next sentence, the parties submit to the exclusive jurisdiction of the courts of England in respect of any dispute arising out of or in connection with these Terms. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction, or limits any non-waivable consumer-protection rights you may have in your country of residence.

Questions about these Terms? Write to office@tableview.com. Privacy questions go to privacy@tableview.com; security reports go to security@tableview.com.