Terms of Service

1.1These Terms of Service are a legally binding agreement between the entity or individual identified in your Table Menu account (the Operator, you) and Table Menu Inc. (we, us, our).

1.2By clicking I agree, completing registration, or using the Table Menu platform (tablemenu.app and any subdomain), you confirm that you have read and understood these Terms, you have authority to bind the Operator if registering on behalf of a business, and you agree to be bound by these Terms and our Privacy Policy.

1.3These Terms are formed electronically under the Electronic Commerce Act, 2000, S.O. 2000, c. 17, s. 19. Restaurant accounts are provisioned by Table Menu after an agreement is reached during onboarding, at which point an authorized representative of the Operator affirmatively accepts these Terms and the Privacy Policy; continued activation, access, or use of the platform reaffirms that acceptance. An electronic record satisfies any writing requirement.

1.4Nothing in this agreement limits, restricts, or waives any right or remedy available to you under the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A; the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (PIPEDA); the Competition Act, R.S.C. 1985, c. C-34; or any other applicable federal or provincial consumer protection statute. Where any term conflicts with such a statute, the statute prevails.

2.1Table Menu provides a multi-tenant software-as-a-service platform that includes, depending on your subscription plan, QR-code table ordering, Apple and Google Wallet loyalty, a kitchen display system, TV digital menu boards, payment processing via Stripe and Clover, AR 3D food preview (Enterprise plan), and multi-location management (Enterprise plan).

2.2Feature availability is determined by the plan you subscribe to as described at tablemenu.app/pricing at the time of your subscription. We may add features to a plan at any time without additional charge. We may remove or materially change features with 30 days advance notice.

2.3Table Menu is not a food safety inspection service, a financial institution, a payment processor (Stripe and Clover are), or a health authority. Compliance with local health regulations, allergen labelling laws, and tax obligations is entirely your responsibility as the Operator.

2.4The platform operates on hardware you already own. We do not warrant compatibility with every browser version or operating system. Supported environments are listed in our documentation.

3.1To use Table Menu you must be a legally operating business entity or sole proprietor, be at least 18 years of age if registering as an individual, have authority to enter legally binding contracts on behalf of the Operator, and not be prohibited from using the service under applicable law.

3.2You must provide accurate, complete, and current information at registration and keep it updated. Inaccurate billing or tax information is your responsibility.

3.3You are responsible for maintaining the confidentiality of all login credentials including staff-level access, for all activity under your account, and for promptly notifying security@tablemenu.app if you suspect unauthorized access.

3.4Each restaurant location requires its own subscription. Multi-location operators may use the Enterprise plan's multi-location management under a single billing relationship.

3.5We may suspend an account immediately if we reasonably believe there is a security emergency, your use creates legal liability for us or others, or you are in material breach of these Terms. We provide notice as soon as practicable unless prohibited by law.

3.6Consumer status declaration. At account creation and on each subsequent billing cycle, you represent whether you are (a) an incorporated legal entity acting for business purposes, or (b) an individual or unincorporated business. Your status determines which protections of the Ontario Consumer Protection Act, 2002 apply to you, including the arbitration-and-class-action shield in CPA s. 7(2). You must update this status if it changes. Misrepresentation of status may be grounds for termination under Section 7.3.

3.7Insurance. If you hold yourself out as a restaurant, cafe, or other food-service operator, you must maintain commercial general liability insurance of at least CAD $2,000,000 per occurrence that covers food preparation, allergen handling, and guest claims. This is an industry-standard requirement and protects both you and your guests. Proof of coverage must be provided within 14 days of written request.

4.1You may use Table Menu only for your own restaurant's legitimate operations.

4.2You must not process transactions for goods or services not offered by your restaurant; upload content that is defamatory, obscene, fraudulent, or infringes third-party IP; collect guest data beyond what is needed to operate your restaurant; probe or test vulnerabilities; circumvent security controls; use automated scrapers except via our documented API; resell or white-label the platform without written consent; misrepresent origin of food, pricing, or allergen information; violate the Food Safety and Quality Act, 2001 (Ontario), the Safe Food for Canadians Act, or local municipal health bylaws; or harass guests through the platform.

4.3You are solely responsible for the accuracy of allergen information displayed through the platform. Table Menu provides the technical means to display allergen flags; we do not verify accuracy. You acknowledge the serious health risk of inaccurate allergen labelling and agree to maintain accurate data at all times.

4.4Prices, descriptions, and images on your ordering page are sourced from data you enter. We are not responsible for pricing errors, out-of-stock items, or description inaccuracies.

5.1You retain ownership of menu content, images, and descriptions you upload; order history and transaction records generated by your restaurant; guest records, loyalty pass data, and contact information gathered through your QR menu; and any other content you submit (Operator Data).

5.2You grant Table Menu a limited, non-exclusive, royalty-free, worldwide license to host, process, reproduce, display, and transmit Operator Data solely to provide the platform, provide support, generate aggregated de-identified analytics, and comply with legal obligations.

5.3Guest personal information collected through your QR menu is Operator Data. You are the organization responsible for that information under PIPEDA and must have an appropriate privacy policy displayed to your guests. Table Menu processes guest data as a service provider on your behalf.

5.4You may export all Operator Data at any time using the admin portal. On cancellation, you have 30 days to export data before deletion. We provide data in a standard machine-readable format.

5.5Table Menu does not sell, rent, or trade Operator Data or guest data to any third party for marketing purposes.

5.6We may use anonymized, aggregated, non-identifiable statistical information derived from the platform for product improvement and marketing. This data cannot identify your restaurant or your guests.

6.1Subscription fees are as listed at tablemenu.app/pricing at the time you subscribe. Current plans: Starter $99 CAD/month, Professional $179 CAD/month, Premium $279 CAD/month. Enterprise pricing is custom and set out in your order form.

6.2Subscriptions are billed monthly in advance on the date of initial sign-up. Billing continues automatically until cancelled.

6.3Fees are exclusive of all applicable taxes including HST, GST, or PST. We collect and remit HST on subscriptions to Ontario-based operators as required by the Excise Tax Act.

6.4You must maintain a valid payment method. We use Stripe to process payments.

6.5If a payment fails, we retry up to 3 times over 7 days, notify you by email after 7 days of failed payment, and may suspend your account after 14 days of non-payment.

6.6We may change subscription pricing with 30 days written notice. Continued use after the effective date constitutes acceptance.

6.7We do not prorate fees on mid-cycle cancellation. Your service continues until the end of the paid billing period.

6.8Subscription fees are generally non-refundable except where required by applicable consumer protection law, at our sole discretion for extended service unavailability (see SLA credits), or for first-time subscribers who cancel within 7 days and have not meaningfully used the service.

7.1These Terms are effective from the date you create an account and continue until terminated.

7.2You may cancel at any time through the admin portal or by emailing billing@tablemenu.app. Cancellation takes effect at the end of the current billing period.

7.3We may terminate immediately on written notice if you are in material breach and, where remediable, have not cured within 14 days of notice; become insolvent; cause legal or regulatory liability for Table Menu; or engage in fraudulent activity.

7.4We may terminate without cause on 60 days written notice and will refund prepaid fees on a pro-rated basis.

7.5On termination your access ceases, we retain your Operator Data for 30 days for export, then delete from production systems, and any outstanding fees become immediately due.

7.6Sections 1.4, 5.1-5.3, 9, 11-13, 14, 15.4 and any provision that by its nature should survive, survive termination.

8.1Table Menu targets monthly uptime of 99.5% as measured under the methodology in our SLA at tablemenu.app/legal/sla, which is incorporated into these Terms by reference.

8.2Where actual uptime falls below 99.5% in a calendar month, you may claim SLA credits as described in the SLA. Credits are your sole financial remedy for service unavailability except where unavailability results from gross negligence or wilful misconduct by Table Menu.

8.3We recognize restaurant POS downtime during peak service hours is disproportionately harmful. We will make commercially reasonable efforts to schedule all maintenance outside of 11:00 AM-2:00 PM and 5:00 PM-10:00 PM ET on any day.

9.1Table Menu and its licensors own all intellectual property rights in the platform including source code, designs, algorithms, user interface, trademarks, and documentation. These Terms do not transfer any ownership to you.

9.2Subject to your compliance with these Terms and payment of applicable fees, Table Menu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the platform solely for your restaurant's operations during the term.

9.3If you provide feedback, suggestions, feature requests, or bug reports, you grant Table Menu an irrevocable, perpetual, royalty-free, worldwide license to use that feedback to improve any Table Menu product.

9.4You grant Table Menu permission to display your restaurant name and logo on our website as a reference customer. You may revoke this permission at any time by emailing hello@tablemenu.app.

10.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TABLE MENU PROVIDES THE PLATFORM ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10.2We do not warrant that the platform will meet your specific requirements, that any particular feature will be available at any particular time, that data will be preserved without loss in all circumstances (though we maintain backups), or that the platform is free from viruses (though we take reasonable security precautions).

10.3Nothing in this section excludes or limits warranties implied by the Consumer Protection Act, 2002, or any other statute that cannot be excluded by agreement.

10.4No warranty arises from any course of dealing, course of performance, or trade usage. No representation made outside these Terms forms part of this agreement unless confirmed in writing by a director of Table Menu Inc.

11.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY.

11.2TABLE MENU'S TOTAL CUMULATIVE LIABILITY TO OPERATOR UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY COMBINED, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY OPERATOR TO TABLE MENU IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND CANADIAN DOLLARS (CAD $1,000). THIS CAP APPLIES TO COMPENSATORY, STATUTORY, AND ALL OTHER CATEGORIES OF DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.3Table Menu is not liable for revenue lost during service outages, guest disputes about food quality or allergens, incorrect pricing displayed due to data entry errors, loyalty-program disputes between you and your guests, payment disputes or chargebacks processed by Stripe or Clover, or outages attributable to your internet connection, hardware, or power supply.

11.4Table Menu is not liable for outages, data breaches, or service degradation caused by third-party subprocessors.

11.5Table Menu's liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, is not limited. This exception reflects Canadian public-policy limits on exclusion clauses recognized in Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4.

11.6For the purposes of Section 11, Fees Paid means subscription and service fees actually received by Table Menu from Operator during the twelve (12) calendar months immediately preceding the first event giving rise to the claim, net of any refunds, credits, or chargebacks. Payment-processing amounts that Stripe or Clover collect on Operator's behalf are not Fees for this purpose.

11.7Where a guest's claim alleges harm arising from food or beverage served by Operator (including claims relating to allergens, food safety, preparation, or contamination), responsibility is apportioned as follows: (a) Operator is solely responsible for the accuracy of allergen flags, dietary flags, ingredient lists, and menu descriptions entered into the platform; Table Menu acts as a technical conduit for Operator-entered content and does not verify, cure, or supplement that content. (b) Operator will defend, indemnify, and hold Table Menu harmless from such guest claims under Section 12.1. (c) This Section does not limit Table Menu's liability where the claim arises from Table Menu's gross negligence or wilful misconduct in the rendering of the platform itself, as distinct from Operator-entered content.

12.1You will defend, indemnify, and hold harmless Table Menu, its officers, directors, employees, and agents from any third-party claims, damages, losses, and costs arising from your use of the platform in violation of these Terms or applicable law; inaccurate menu, allergen, or pricing content you uploaded; your infringement of any third-party IP right; your breach of any obligation to a guest; or any claim by a guest related to food quality, preparation, safety, or allergens.

12.2Table Menu will defend, indemnify, and hold harmless Operator from third-party claims alleging that the Table Menu platform, as provided and used in accordance with these Terms, infringes any Canadian intellectual property right. This does not apply where infringement arises from Operator Data, your modification of the platform, your combination with third-party software we did not provide, or use outside the scope of these Terms.

12.3The indemnified party must promptly notify the indemnifying party, grant sole control over defense and settlement, and provide reasonable cooperation at the indemnifying party's expense.

12.4Table Menu's defense and indemnification obligation under Section 12.2 (platform IP infringement) is NOT subject to the cap in Section 11.2. This carve-out applies only to Table Menu's obligation to defend Operator against a covered IP claim; it does not expand the cap for any other category of damages.

13.1These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario, Canada for any dispute arising out of or in connection with these Terms, except as provided in the Dispute Resolution section.

13.3The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14.1Before commencing any formal proceeding, the parties agree to negotiate in good faith for at least 30 days after written notice of a dispute.

14.2If negotiation fails, the parties agree to attempt mediation through a mutually agreed mediator in Ontario before commencing litigation. Mediation costs are shared equally.

14.3If mediation fails, either party may commence proceedings in the courts specified above.

14.4To the extent permitted by applicable law, each party prefers to resolve disputes on an individual basis rather than as a plaintiff or class member in any class action or representative proceeding. Nothing in this section limits or restricts any right you may have to participate in class proceedings under the Class Proceedings Act, 1992, S.O. 1992, c. 6, or any other applicable statute.

14.5Either party may bring a claim in the Small Claims Court of Ontario for disputes within that court's monetary jurisdiction without first following the negotiation and mediation steps.

15.1We may modify these Terms at any time. For material changes (those that meaningfully affect your rights or obligations) we provide at least 30 days advance notice by email to the address on your account and by posting the updated Terms at tablemenu.app/legal/terms with the revision date updated.

15.2For non-material changes (typos, clarifications, or changes required by law), we may update without advance notice.

15.3Continued use of the platform after the effective date of any change constitutes acceptance. If you do not accept a material change, you may cancel before the effective date and receive a prorated refund for any prepaid period after the effective date.

16.1These Terms, the Privacy Policy, the SLA, and any executed Master Service Agreement (MSA) constitute the entire agreement between the parties regarding the platform. If you and Table Menu have signed an MSA, the MSA controls over any contradictory term in these Terms for the signing Operator, and any term of these Terms not contradicted by the MSA continues to apply.

16.2If any provision is found unenforceable, it will be modified minimally to be enforceable or severed, and the remaining Terms continue in full force.

16.3A party's failure to enforce any right is not a waiver of that right.

16.4You may not assign these Terms without our written consent. Table Menu may assign to an affiliate or acquirer with 30 days notice.

16.5Neither party is liable for delays or failures caused by events beyond their reasonable control, including natural disasters, pandemics, government actions, or acts of God.

16.6Notices to Table Menu must be sent to legal@tablemenu.app. Notices to Operator will be sent to the email address on file.

Legal and compliance: legal@tablemenu.app. Privacy: privacy@tablemenu.app. Billing: billing@tablemenu.app. Security incidents: security@tablemenu.app. General: hello@tablemenu.app. Table Menu Inc., Milton, Ontario, Canada.