Terms of Service

These Terms of Service (“Terms”) govern your use of the MyTab mobile application, the MyTab website at www.tapitab.com/mytab, and any related services (together, the “Service”). The Service is operated by Tapitab Inc., a Delaware corporation with offices at 447 Broadway, 2nd Floor, New York, NY 10013 (“Tapitab,” “we,” “us,” or “our”).

By creating an account, downloading the app, or using the Service, you agree to these Terms and to our Privacy Policy, which is part of these Terms. If you do not agree, do not use the Service.

Please read Section 9 carefully. It requires most disputes to be resolved by individual binding arbitration, and it waives your right to a jury trial and to take part in a class action, unless you opt out as described there.

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email at least 14 days before they take effect. Continuing to use the Service after that date means you accept the updated Terms.

Age. You must be at least 21 years old to use the Service. By using it, you confirm that you are 21 or older and able to enter a binding contract.

Identification at venues. Using MyTab does not replace a venue’s own checks. Venues may ask for valid government-issued photo ID and may refuse service at their discretion.

Account information. You agree to give accurate, current information and to keep it up to date. One person may hold only one account.

Security. You are responsible for activity on your account and for keeping your device and login details secure. Tell us promptly at support@tapitab.com if you believe your account has been accessed without permission.

Location. The Service is currently offered in the United States, starting with New York City. Features and participating venues may vary by location.

What MyTab does. MyTab lets you open, view, and close a tab at participating bars, lounges, and restaurants (“Venues”) using a payment method saved in your mobile wallet or in the app. Depending on the Venue, you may also be able to make reservations and request Priority Access.

Venues are independent. Venues are independent businesses, not Tapitab. Each Venue is solely responsible for its food, drinks, prices, service, premises, safety, age checks, dress codes, entry decisions, and compliance with licensing laws. Tapitab does not sell food or beverages and is not a party to your purchase from a Venue.

Reservations. A reservation is a request to the Venue. It is confirmed only when the Venue accepts it. Venues may apply their own cancellation, no-show, deposit, or minimum-spend policies, which will be shown to you before you confirm.

Priority Access. Priority Access lets you request preferred entry, seating, or service at a Venue, sometimes for a fee shown before you confirm. Priority Access is not a guarantee of entry, seating, or service. The Venue keeps full discretion, including over capacity, ID checks, dress code, and conduct. If a Venue does not honour a paid Priority Access request for reasons not caused by you, the fee will be refunded to your original payment method. Fees are not refunded if you are refused entry because of your conduct, intoxication, failure to show valid ID, or breach of Venue rules.

Changes to the Service. We may add, change, or remove features, or change the list of participating Venues, at any time.

Payment processing. Payments are handled by licensed third-party payment processors and card networks. Your use of their services may be subject to their own terms. Tapitab does not store your full card number.

Authorization holds. When you open a tab, the Venue or its processor may place a temporary authorization hold on your payment method. The hold is released or adjusted when the tab closes, on your card issuer’s timeline.

Your charges. You authorize the Venue, and payment processors acting on its behalf, to charge your payment method for all items added to your tab, plus applicable taxes, service charges, and the gratuity you select. You can view your tab in the app while it is open.

Closing your tab. You should close your tab in the app before leaving. If a tab is left open, the Venue may close it on your behalf at the end of service. In that case, [a gratuity of up to __% may be added, as shown in the Venue’s policy in the app].

MyTab fees. Any fee charged by Tapitab (for example, a service fee or a Priority Access fee) will be shown clearly before you confirm. We will not charge a Tapitab fee you have not seen and accepted.

Disputes about a bill. Questions about items, prices, or service on a tab should first be raised with the Venue. If you cannot resolve it, contact us at support@tapitab.com and we will try to help. Filing a chargeback without first contacting the Venue or us may lead to your account being suspended while it is reviewed.

Refunds. Refunds for Venue purchases are at the Venue’s discretion and follow its policy. Refunds of Tapitab fees follow Section 3.4 or are otherwise at our discretion unless the law requires otherwise.

Drink responsibly. Please drink responsibly and never drink and drive. Venues may refuse to serve anyone who appears intoxicated, as required by law.

You agree not to:

• use the Service if you are under 21, or help anyone under 21 obtain alcohol;
• use a payment method you are not authorized to use, or open a tab you do not intend to pay;
• impersonate anyone or give false information;
• harass, threaten, or abuse Venue staff, other guests, or our team;
• resell, transfer, or trade reservations or Priority Access without our written permission;
• use bots, scripts, or other automated means to access the Service, or scrape its content;
• reverse-engineer, decompile, or try to access the Service’s source code, systems, or data, except as the law expressly allows;
• interfere with or disrupt the Service, or test its security without our written consent;
• use the Service for any unlawful, fraudulent, or harmful purpose.

Enforcement. We may investigate suspected breaches and may suspend or close accounts, cancel reservations or Priority Access, or report conduct to the authorities where appropriate.

Privacy Policy. Our Privacy Policy explains what personal information we collect, how we use it, who we share it with, and your choices. It is part of these Terms.

Information shared with Venues. To provide the Service, we share with a Venue the information it needs to serve you, such as your name, reservation and Priority Access details, and the items on your tab at that Venue.

Personalization and insights. We use your activity on the Service, such as visits and purchases, to personalize your experience and offers. We may also give Venues aggregated or de-identified insights that do not identify you personally. Details and your choices are set out in the Privacy Policy.

Service messages. By creating an account, you agree that we may send you service messages about your account, tabs, receipts, and reservations by email, push notification, or SMS.

Marketing messages. We will send marketing messages only with your consent. You can opt out at any time through the app settings, the unsubscribe link in an email, or by replying STOP to a text. Message and data rates may apply.

Our property. The Service, including its software, design, text, graphics, and the MyTab and Tapitab names and logos, is owned by Tapitab or its licensors and protected by intellectual property laws, including pending patent applications. These Terms do not transfer any of those rights to you.

Your licence. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own non-commercial use.

App stores. If you downloaded the app from the Apple App Store or Google Play, you also agree to that store’s terms. Apple and Google are not parties to these Terms and have no responsibility for the Service or its support.

Feedback. If you send us ideas or suggestions, we may use them freely without any obligation to you.

Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, TAPITAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY VENUE WILL BE OPEN, AVAILABLE, OR ABLE TO SERVE YOU.

Venues and third parties. TAPITAB IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF VENUES, PAYMENT PROCESSORS, OR OTHER THIRD PARTIES, INCLUDING THE QUALITY, SAFETY, OR LEGALITY OF ANY FOOD, DRINK, PREMISES, OR SERVICE.

Limitation of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, TAPITAB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TAPITAB FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $100.

Where the law does not allow it. Some jurisdictions do not allow certain disclaimers or limits. Where that is the case, those parts of Sections 8.1 to 8.3 apply only to the extent the law allows.

Indemnity. You agree to defend, indemnify, and hold harmless Tapitab and its officers, directors, employees, and agents from claims, losses, and costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your conduct at a Venue.

Closing your account. You may close your account at any time in the app settings or by contacting us. You remain responsible for any open tabs and charges incurred before closing.

Suspension or termination by us. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service, Venues, or other users. Where reasonable, we will tell you why.

Informal resolution first. Before starting any formal claim, you agree to contact us at disputes@tapitab.com with a description of the dispute, and to try to resolve it informally for at least 30 days.

Binding arbitration. If the dispute is not resolved, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in New York, New York, or by video, and the arbitrator’s decision may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.

Class action and jury trial waiver. You and Tapitab each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative action. You and Tapitab each waive the right to a jury trial.

Opt-out. You may opt out of this arbitration agreement by emailing disputes@tapitab.com within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out.

Governing law and courts. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. Any matter not subject to arbitration will be heard only in the state or federal courts in New York County, New York, and you consent to their jurisdiction.

Survival. Sections 4, 7, 8, 9, and 10 continue to apply after your account ends.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Tapitab about the Service.

Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it.

Assignment. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition, or sale of assets.

Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of payment networks, internet, or mobile carriers.