Terms of Service

Last updated: October 2026

1. The Service

Tabern ("we", "us", "our") provides restaurants with a hosted website, menu management, reservation and delivery links, rewards and kiosk tools, and physical NFC devices (cards, stands, and dots) that open your site when tapped or scanned (together, the "Service"). Your restaurant site is published on a Tabern subdomain under your control, or on a custom domain you configure. These Terms of Service ("Terms") govern your access to and use of the Service. By creating an account or using the Service, you agree to these Terms.

2. Accounts

You must be at least 18 years old and authorized to act on behalf of the restaurant you register. You are responsible for the accuracy of the information in your account and for keeping your credentials secure. You agree to notify us promptly of any unauthorized use of your account. We may suspend or terminate accounts that provide false or misleading information.

3. Billing & Subscriptions

Subscriptions are billed per website, monthly or yearly, through Stripe, and renew automatically until canceled. You can cancel at any time from your account settings; access continues until the end of the paid period. Subscription fees already paid are non-refundable except where required by law. Deleting a website does not cancel its subscription (it can be used for a new website); deleting your account cancels all of your subscriptions immediately, without a refund for the current period. We may change our pricing with at least 30 days' notice; price changes take effect at the start of your next billing cycle after the notice. Device purchases are covered by Section 4.

4. Tabern Devices: Orders, Shipping & Refunds

Orders. Devices are sold through the Tabern store and paid through Stripe. Sales tax is added where we are required to collect it, based on the delivery address. Placing an order creates (or signs you in to) your Tabern account with the order email.

Shipping. We currently ship within the United States. You'll get an email with tracking when your order ships. Shipping charges are shown at checkout.

Refunds. You can request a refund from Orders & cards in your account within 30 days of purchase, whether or not the order has shipped, once per order. You don't need to send the devices back. Orders that haven't shipped and have no shipping label are refunded automatically; other requests are reviewed by our team, who may approve a full or partial refund or decline with a reason. Refunds go to the original payment method. When an order is refunded, the devices from that order are permanently deactivated and stop opening any website.

Activation and ownership. A device belongs to the Tabern account that activates it (by tapping it or entering its printed code), so devices can be given as gifts. Owners can link a device to any of their websites, transfer it to another email address, and deactivate it if it's lost or stolen.

Free website. An account with a device order that hasn't been refunded, or with at least one active device, can create one free website. Extra devices don't add more free websites. If an account loses both (for example, its order is refunded and its devices are deactivated or transferred away) and the website has no paid plan, the website is taken offline; your content is kept and you can publish again once you qualify or subscribe. Paid features (rewards, kiosks, wallet passes, menu scanning, and custom domains) require a subscription.

Disputes. If you dispute a device charge with your bank, we may treat the order as refunded while the dispute is open, including deactivating its devices.

5. Third-Party Integrations

Optional integrations such as Square, Stripe, OpenTable, and delivery partners are subject to the third party's own terms of service and privacy policy. Tabern is not responsible for third-party service availability, accuracy, or changes. You grant Tabern the permissions needed to connect your accounts and sync data on your behalf.

6. Your Content

Menus, photos, and other content you upload ("Your Content") remain yours. You grant Tabern a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and process Your Content solely as needed to operate the Service and display your restaurant site. You represent that you have all rights necessary to upload Your Content and that it does not violate any law or third-party right.

7. Acceptable Use

You agree not to: (a) use the Service for any unlawful, misleading, or harmful purpose; (b) attempt to disrupt, overload, or reverse-engineer the Service; (c) access or attempt to access other customers' data; (d) upload malware or malicious code; or (e) use the Service in a manner that could damage, disable, or impair the Service. Violations may result in immediate account suspension.

8. Intellectual Property

The Service, including its design, software, branding, and documentation, is owned by Tabern and protected by intellectual property laws. These Terms do not grant you any right to use the Tabern name, logo, or trademarks except as explicitly permitted. Your Content is not affected by this section.

9. Availability & Limitation of Liability

The Service is provided "as is" and "as available". We work to keep it available but do not guarantee uninterrupted operation. To the maximum extent permitted by law, Tabern's total liability for any claim arising from the Service is limited to the fees you paid in the twelve months preceding the claim. In no event shall Tabern be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business.

10. Indemnification

You agree to indemnify and hold harmless Tabern and its affiliates from any claims, damages, or expenses (including reasonable legal fees) arising from Your Content or your violation of these Terms.

11. Termination

You can delete your account at any time from your account settings. We may suspend or terminate accounts that violate these Terms. Upon termination, your right to use the Service ends immediately. Sections 4 (refund terms), 6, 9, 10, and 13 survive termination.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any dispute arising from the Service shall be resolved exclusively in the state or federal courts located in Delaware. If a provision is found unenforceable, the remaining provisions remain in full effect.

14. Contact

Questions about these Terms? Contact us through your account help page or at legal@tabern.app.