Terms of Use

About Smart Dining

These Terms of Use (“Terms”) govern access to and use of Smart Dining websites, applications, APIs, and related services (collectively, the “Services”).

Smart Dining provides hospitality technology that helps restaurants manage reservations, waitlists, floor operations, orders, guest engagement, reporting, and integrations with third-party platforms.

“Smart Dining,” “we,” “our,” or “us” refers to Smart Dining and its affiliates. “You,” “your,” or “Customer” means the individual or entity agreeing to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

Eligibility & accounts

You must be at least 18 years old and fully able to enter into this agreement. You are responsible for:

• Maintaining the confidentiality and security of credentials and devices used to access the Services
• All activity that occurs under your account, including actions by staff you authorize
• Providing accurate registration, billing, and contact information
• Promptly notifying us of suspected unauthorized access

We may refuse registration, suspend accounts, or require additional verification to reduce fraud or security risk.

Acceptable use

You will use the Services only in compliance with applicable laws and regulations, including hospitality, marketing, telephony, and data protection rules that apply to your jurisdiction.

You agree not to:

• Copy, modify, create derivative works from, reverse engineer, decompile, or attempt to extract source code except where law expressly permits
• Probe, scan, or test vulnerability of the Services without written authorization
• Interfere with or disrupt integrity or performance of the Services or third-party data
• Access data of other customers except as expressly allowed by your role and permissions
• Use the Services to send unlawful, misleading, harassing, discriminatory, or spam communications
• Upload malware or content that infringes intellectual property or privacy rights
• Use the Services to build a competing product or to train machine learning models on our non-public interfaces without consent

We may investigate suspected violations, remove content, suspend access, or cooperate with law enforcement where appropriate.

Restaurant & guest data

As between you and Smart Dining, you retain ownership of your operational data, including guest lists, reservations, orders, and content you upload. You grant us a worldwide, royalty-free license to host, process, transmit, display, and back up such data solely to provide and improve the Services and as described in our Privacy Policy.

You represent that you have all rights and consents necessary to submit guest and staff data to Smart Dining and that your use complies with applicable privacy laws. We do not sell personal information.

Integrations & third-party services

The Services may interoperate with POS providers, messaging platforms, maps, analytics tools, payment processors, and other third parties you enable. Those services are not under our control; their availability, accuracy, and data practices are governed by their own terms and policies.

You are responsible for obtaining and maintaining valid authorizations (including OAuth grants) required for integrations and for any fees charged by third parties.

Billing, taxes & trials

Paid features are billed according to the plan, order form, or in-app checkout you select. Unless stated otherwise, fees are non-cancellable during the applicable term and non-refundable except where required by law.

• Fees exclude applicable taxes; you are responsible for taxes associated with your purchase
• We may change pricing prospectively with reasonable notice where contractually allowed
• Failed payments, chargebacks, or outdated billing details may result in suspension after notice
• Trials convert to paid plans only where you expressly authorize purchase

Intellectual property

Smart Dining and its licensors own all rights in the Services, including software, user interface, documentation, trademarks, and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the subscription term.

Feedback you provide may be used by us without obligation or compensation to you.

Availability & service changes

We strive for reliable operation but do not warrant uninterrupted or error-free service. Maintenance, upgrades, internet outages, third-party failures, or force majeure events may affect availability.

We may modify features to reflect product evolution, security needs, or legal requirements. Where a change materially reduces core functionality for a paid plan, your exclusive remedy may be termination as described in your order documentation, if any.

Suspension & termination

You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay amounts due after notice, or if we cease offering the Services in your region.

Upon termination, your right to access the Services ceases. Provisions that by nature should survive—including payment obligations, intellectual property, disclaimers, limitations of liability, indemnity, and dispute terms—will survive.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT DATA WILL BE ERROR-FREE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SMART DINING NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES IN ANY TWELVE (12) MONTH PERIOD WILL NOT EXCEED THE AMOUNT YOU PAID TO SMART DINING FOR THE SERVICES DURING THAT PERIOD (OR, IF NO FEES APPLIED, ONE HUNDRED U.S. DOLLARS (US $100)). MULTIPLE CLAIMS WILL NOT ENLARGE THIS CAP.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

Indemnification

You will defend, indemnify, and hold harmless Smart Dining and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your data or content; (c) your violation of these Terms or applicable law; or (d) a dispute between you and your guests, employees, or partners.

Dispute resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally in good faith. If the dispute is not resolved within thirty (30) days, either party may pursue relief in the courts identified below, unless a separate signed agreement between you and Smart Dining specifies different dispute resolution procedures (such as arbitration) for enterprise customers.

Governing law & venue

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Subject to applicable mandatory consumer protections in your jurisdiction, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for disputes not subject to a separate agreement.

If you are accessing the Services on behalf of a non-U.S. entity, international rules may also apply; nothing in these Terms limits rights you cannot waive under local law.

General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any order form or enterprise agreement you sign, constitute the entire agreement regarding the Services.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If a provision is unenforceable, the remaining provisions remain in effect.
• Waiver. Failure to enforce a provision is not a waiver of future enforcement.
• Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
• Export & sanctions. You may not use the Services in violation of export control or sanctions laws.
• Electronic communications. You consent to receive notices electronically, including email and in-product messages.
• Independent contractors. The parties are independent contractors; nothing creates a partnership or agency except as expressly stated.

Contact

For questions about these Terms:

Privacy practices are described in our Privacy Policy.