Merchant
Terms

1. The Service & Operational Status

SpotTab provides a proprietary software-as-a-service (SaaS) platform, including all associated subdomains (e.g., app.spottab.com, menu.spottab.com) and related digital properties (collectively, the “Platform”), designed to enhance hospitality efficiency through digital menu management and order facilitation.

The Platform is an optional digital enhancement and is not intended to be a mission-critical utility or a replacement for traditional physical service methods.

The Platform is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without any Service Level Agreement (SLA), warranty of uptime, or guarantee of continuous operation. SpotTab routinely performs maintenance and may experience unexpected technical outages.

You acknowledge and agree that as a Merchant, you are exclusively responsible for maintaining independent, alternative methods of service (such as physical paper menus and traditional POS systems). SpotTab shall not be liable for any lost revenue, business interruption, customer dissatisfaction, or perceived damages resulting from Platform downtime, maintenance, or technical errors.

2. Proprietary Technology & Trade Secrets

The structure, organization, and code of the Services are valuable trade secrets and confidential information of SpotTab. User shall not, and shall not attempt to, reverse engineer, decompile, or disassemble the Services.

All subdomains issued (e.g., [name].spottab.com) remain the exclusive property of SpotTab and access may be revoked at our absolute discretion. The use of automated means (including robots, spiders, or scrapers) to access the Platform or to extract any data, content, or logic is strictly prohibited.

3. Billing & Stripe Connect Authorization

• Stripe Integration: SpotTab facilitates payment processing via Stripe. By connecting your Stripe account, you explicitly authorize SpotTab to initiate charges, process refunds, and debit platform application fees on your behalf. You agree to be bound by the Stripe Connected Account Agreement.
• Cancellation: You may cancel your subscription at any time via the billing portal. Cancellation will take effect at the conclusion of your current billing cycle.
• No Refunds: All payments are non-refundable. We do not provide credits or refunds for partial months, unused features, or periods of technical interruption.

4. Demo Accounts

SpotTab may provide "Demo Accounts" or free trials for evaluation purposes. Demo Accounts are provided strictly "As-Is". SpotTab assumes zero liability for any data loss, downtime, or technical errors that may occur during the use of a Demo Account, or during the transition from a Demo Account to a Live Live Subscription.

5. Termination and Suspension

SpotTab reserves the right, in its sole and absolute discretion, to suspend or terminate your account and access to any or all features of the Platform at any time, with or without notice, for any reason or no reason.

To protect the Platform and our Merchants, we employ automated proprietary monitoring systems that may block, restrict, or terminate access for any user (including your guests) suspected of engaging in conduct harmful to the Platform, including but not limited to spamming, botting, or automated scraping.

6. Limitation of Liability

"TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTTAB DISCLAIMS ALL LIABILITY FOR BUSINESS INTERRUPTION OR FINANCIAL LOSS. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT."

7. Merchant Responsibility & Indemnification

SpotTab provides a technical platform to facilitate ordering. SpotTab does not prepare, handle, or deliver food.

• Food Safety & Compliance: The Merchant is the sole Merchant of Record and is exclusively responsible for compliance with all health, safety, and labeling laws, including but not limited to food allergy disclosures, ingredient accuracy, and food preparation standards.
• Pricing Parity: Merchant agrees to maintain strict pricing parity. All items listed on the Platform must be priced identically to the Merchant’s in-store, physical, or paper menus. Charging higher prices via SpotTab than those offered to walk-in customers is a material violation of these Terms and may result in immediate account termination.
• Transaction Liability: SpotTab is not responsible for transaction failures, chargebacks, or disputes between the Merchant and Customer.
• Image Rights Indemnification: By uploading content, Merchant represents and warrants they possess all necessary rights and licenses. SpotTab assumes no ownership of Merchant content but is held harmless from any claims of intellectual property infringement related to Merchant-provided assets.

8. Governing Law

These Terms are governed by the laws of New South Wales, Australia.