Terms of service

These Terms of Service (the "Terms") are an agreement between your business and OwnTheTab ("OwnTheTab", "we", "us"). They cover your use of ownthetab.com and the OwnTheTab services. Please read them carefully.

1. Acceptance of these Terms

By creating an account, signing an order form, or using the services, you agree to these Terms on behalf of your business. If you are accepting for a company, you confirm you have authority to bind it. If you do not agree, do not use the services.

2. Accounts and eligibility

OwnTheTab is built for restaurants and other food businesses. The services are for business use only, not for personal or household use. You must be at least 18 and able to form a binding contract. You agree to give us accurate account information, keep it up to date, keep your login details secure, and tell us promptly if you think your account has been accessed without permission. You are responsible for activity under your account, including by your staff.

3. The services

OwnTheTab provides online ordering for restaurants, marketing tools, and related software, plus optional point-of-sale (POS) hardware. The specific services, features and hardware you receive are described on our site and in your order form. We may improve, change or discontinue parts of the services over time. If we remove a core feature you pay for, we will give you reasonable notice.

4. Early access and coming-soon features

Some features are labeled early access, beta or coming soon. These are provided as they are, may not work perfectly, and may change, be delayed, or be withdrawn. Timelines we share are estimates, not commitments. Please do not rely on a coming-soon feature when deciding to buy.

5. Plans, fees and billing

Our current plans and prices are listed on our pricing page, and your order form sets out what you have chosen. You agree to pay the fees for your plan and any hardware or add-ons you order. Unless your order form says otherwise, subscription fees are billed in advance on a recurring basis and renew automatically until cancelled. If you order POS hardware, the hardware agreement term, payment schedule and return terms are set in your order form. Fees do not include taxes, which you are responsible for (other than taxes on our income). We may change our prices with advance notice; changes take effect at your next billing period. Late or failed payments may lead to suspension of the services.

6. Guest service fees and your responsibilities as a restaurant

Orders placed through OwnTheTab are between your restaurant and your guest. Where your plan includes a service fee charged to guests, it will be shown to the guest before they order. You are solely responsible for your menu, item descriptions, allergen and nutrition information, prices, hours, promotions, refunds, the taxes you collect and pay, and the food and service you provide, including food safety and compliance with laws that apply to your business. You are also responsible for following laws on marketing messages you send, including getting any required consent from guests.

7. Third-party services and payment processing

The services work with third-party services, such as payment processors, POS systems, delivery and messaging providers. Card payments are handled by a third-party payment processor, and you may need to accept that processor's terms. We do not control third-party services and are not responsible for them, their availability or their changes. Your use of them is governed by their own terms.

8. Your data and content

You keep ownership of your restaurant data and content, such as your menu, photos, logo, and guest and order information ("Your Content"). You give us a limited, worldwide, non-exclusive license to host, copy, process, display and use Your Content only to provide, secure and improve the services, and to show your menu and brand to your guests. You confirm you have the rights needed to share Your Content with us. We may use aggregated, de-identified data that does not identify you or your guests to operate and improve the services. Our handling of personal information is described in our privacy policy.

9. Acceptable use

You agree not to: break any law or anyone's rights; sell illegal or prohibited goods; send spam or unlawful marketing messages; upload malware or harmful code; try to access accounts or systems you are not allowed to; interfere with or overload the services; copy, resell or reverse engineer the services except as the law allows; or use the services to build a competing product. We may suspend access if we reasonably believe these rules are being broken.

10. Intellectual property

OwnTheTab and its licensors own the services, software, designs, and the OwnTheTab name and logo. Apart from the right to use the services under these Terms, no rights are transferred to you. If you send us feedback or ideas, we may use them without any obligation to you.

11. Term and termination

These Terms apply while you use the services. You may cancel your subscription as described in your account or order form; cancellation takes effect at the end of the current billing period unless your order form says otherwise, and any hardware agreement continues for the term set in its order form. We may suspend or end your access if you materially breach these Terms, do not pay, or if required by law. On termination, your right to use the services ends. For a reasonable period after termination, we will let you export Your Content on request, after which we may delete it. Sections that by their nature should survive (such as fees owed, ownership, disclaimers, limitation of liability and indemnity) survive termination.

12. Disclaimers

The services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the services will be uninterrupted, error-free, or that they will produce any particular sales or marketing results. Hardware warranties, if any, are set out in your order form or the manufacturer's terms.

13. Limitation of liability

To the fullest extent the law allows, OwnTheTab will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the services or these Terms is limited to the fees you paid us for the services in the 12 months before the event giving rise to the claim. These limits apply even if we were told such damages were possible.

14. Indemnity

You will defend and indemnify OwnTheTab and its owners, employees and contractors against claims, losses and costs (including reasonable legal fees) arising from Your Content, your food, menu, prices, taxes or service, your marketing messages, your dealings with guests, or your breach of these Terms or the law.

15. Governing law and venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Any dispute will be brought exclusively in the state or federal courts located in Cook County, Illinois, and both parties consent to those courts.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and change the "Last updated" date, and for material changes we will give reasonable notice, such as by email or in the product. Continuing to use the services after changes take effect means you accept them.

17. General

These Terms, together with any order form, are the entire agreement between us about the services. If your order form conflicts with these Terms, the order form controls for that order. If any part is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact

Questions about these Terms? Contact us through our demo request form and we will get back to you.