These Terms of Service ("Terms") form a binding legal agreement between you and TabSettle, Inc. ("TabSettle," "we," "our," or "us") and govern your use of the TabSettle service. Read these Terms carefully. They include an arbitration agreement and class action waiver (Section 17) that affects how disputes are resolved.

If you do not agree to these Terms, do not use TabSettle.

1. About TabSettle

TabSettle operates a QR-based, collaborative bill-splitting platform for full-service restaurants. Diners scan a QR code at a participating restaurant table to view a live check, claim items, and pay their portion directly from their phone. TabSettle facilitates the payment flow. The restaurant is responsible for the food, beverages, service, and pricing on the check.

These Terms apply to diners who use TabSettle. Restaurants that subscribe to TabSettle are governed by a separate Master Service Agreement.

2. Eligibility

You must be at least 18 years old to use TabSettle. By using TabSettle, you represent that you are 18 or older and have the legal capacity to enter into these Terms.

If you are using TabSettle on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. How You Use TabSettle

3.1 Guest Use

You may use TabSettle as a Guest without creating an account. As a Guest, you can join a check, claim items, and pay your portion. We collect limited information during a Guest session as described in the Privacy Policy. You cannot receive promotional communications from restaurants as a Guest.

3.2 TabSettle Account

You may create a TabSettle Account to save receipts and dining history across all restaurants where you use TabSettle. To create an account, you provide a phone number and verify it via a one-time SMS code (OTP).

You are responsible for maintaining the security of your phone number and the device associated with your account. You agree to notify us promptly at support@tabsettle.com if you suspect unauthorized access to your account.

You may delete your account at any time from your account dashboard at my.tabsettle.com or by emailing privacy@tabsettle.com. Deletion is subject to the retention requirements described in the Privacy Policy (for example, transaction records retained for tax purposes).

3.3 Restaurant Promotions and Marketing Opt-In

At the end of a payment session, a restaurant may offer you a promotional incentive (such as a discount on your next visit) in exchange for subscribing to that restaurant's promotional communications. Subscribing is optional. Consent is not required to use TabSettle's payment service.

If you choose to subscribe, you affirmatively check separate, unchecked consent boxes for:

Each consent is separate. You must check each box individually to opt in to that channel.

The complete terms governing SMS and email promotional communications are in Section 9 and at tabsettle.com/sms.

4. Payments

4.1 Payment Processing

Payments through TabSettle are processed by Stripe, Inc. via Stripe Connect. The restaurant maintains its own Stripe Connect account. TabSettle does not store, process, or transmit credit card numbers, debit card numbers, or bank account details. Your payment credentials are transmitted directly to Stripe.

By using TabSettle to make a payment, you also agree to Stripe's Terms of Service and Privacy Policy.

4.2 Your Authorization

When you pay your portion of a check through TabSettle, you authorize the charge to the payment method you provide. You are responsible for ensuring that the payment method is valid and that you have sufficient funds or available credit.

4.3 Tips

Tips you enter during a TabSettle session are paid to the restaurant. TabSettle does not retain any portion of tips and does not direct how restaurants distribute tips among staff.

4.4 Receipts

If you provide a phone number or email during a payment session, TabSettle may use it to deliver a receipt for that transaction. Receipt delivery is a transactional communication, not marketing. See Section 9.1.

5. Refunds and Disputes

5.1 Refunds

TabSettle is the payment facilitator, not the merchant. Refunds for goods, services, or pricing errors are the responsibility of the restaurant where the transaction occurred. If you need a refund:

5.2 Duplicate or Erroneous Charges

If TabSettle's system causes a duplicate charge or a technical error results in an incorrect charge (as opposed to a dispute about the underlying meal), contact support@tabsettle.com. TabSettle will work with Stripe and the restaurant to resolve technical errors promptly.

5.3 Disputes Between Diners on a Check

If two or more diners on the same check disagree about who claimed which item or who owes what portion, TabSettle is not responsible for mediating that dispute. Upon written request, TabSettle may provide session logs (claim timestamps, payment records) to participants in the session who request them, to assist the diners in resolving the dispute themselves. TabSettle does not act as an arbiter, judge, or fact-finder for inter-diner disputes.

6. Restaurant Content and Offers

Restaurants on the TabSettle platform are independent businesses. TabSettle does not author, control, or endorse the menu items, prices, descriptions, or promotional offers presented by restaurants through the TabSettle service.

TabSettle reserves the right (but is not obligated) to remove or refuse to deliver restaurant content that we determine, in our reasonable discretion, violates applicable law, infringes intellectual property, is deceptive or misleading, or violates our Acceptable Use Policy.

7. Acceptable Use

You agree not to:

We may suspend or terminate your access to TabSettle at any time, with or without notice, for any violation of these Terms or for any other reason at our reasonable discretion.

8. Intellectual Property

The TabSettle service, including all software, designs, logos, trademarks, text, graphics, and other content (excluding user-submitted content and restaurant content), is owned by TabSettle or its licensors and is protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the TabSettle service for your personal, non-commercial use of split-payment functionality and account features, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the TabSettle service without our prior written consent.

9. SMS and Email Terms

9.1 Transactional Messages

If you create a TabSettle Account or request a receipt, we may send you transactional messages including:

Transactional messages are sent from a dedicated transactional phone number. They are not marketing.

9.2 Promotional SMS

Promotional SMS is opt-in only. By checking the SMS marketing consent checkbox during the opt-in flow described in Section 3.3, you expressly consent to receive recurring promotional SMS messages from the specific restaurant you subscribed to, sent via TabSettle's marketing infrastructure (a separate toll-free number from the transactional number).

The complete SMS program description is at tabsettle.com/sms.

9.3 Promotional Email

If you provide an email address and check the email marketing consent checkbox during opt-in, you consent to receive promotional emails from the specific restaurant you subscribed to. Every promotional email includes:

You can unsubscribe from any restaurant's emails by clicking the unsubscribe link in any email, or manage all subscriptions at my.tabsettle.com.

9.4 Restaurant as Content Source, TabSettle as Sender

Promotional messages contain content authored by the restaurant. TabSettle is the technical sender. The restaurant is responsible for the content's accuracy and compliance with applicable advertising and consumer protection laws.

10. Service Availability

TabSettle is provided "as is" and "as available." We do not guarantee that the service will be uninterrupted, error-free, secure, or available at any specific time. We make no uptime commitment to individual diners.

We may modify, suspend, or discontinue any part of the service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

If TabSettle is unavailable during a meal, you can pay the restaurant directly using any method the restaurant accepts. TabSettle is a convenience layer over the restaurant's existing payment systems.

11. Privacy

Your use of TabSettle is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes what information we collect, how we use it, when we share it (including with restaurants you opt in to), and your privacy rights including those under the California Consumer Privacy Act.

12. Disclaimers

We do not warrant that:

You are responsible for confirming directly with the restaurant any details that matter to your transaction, including menu accuracy, allergen information, pricing, tax, and tip allocation.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless TabSettle, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

15. Termination

You may stop using TabSettle at any time. If you have a TabSettle Account, you may delete it at any time as described in Section 3.2.

We may suspend or terminate your access to TabSettle at any time, with or without notice, for any reason, including:

Sections that by their nature should survive termination (including Sections 5 [Refunds and Disputes], 8 [Intellectual Property], 11 [Privacy], 12 [Disclaimers], 13 [Limitation of Liability], 14 [Indemnification], 17 [Arbitration], and 19 [General]) will survive.

16. Modifications to These Terms

We may modify these Terms from time to time. If we make a material change, we will provide at least 30 days notice before the change takes effect, by:

Non-material changes (typo corrections, clarifications that do not affect your rights) may take effect immediately upon posting.

Your continued use of TabSettle after the effective date of a modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, stop using TabSettle and, if applicable, delete your account before the effective date.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution First

Before filing a formal claim, you agree to attempt to resolve any dispute informally by emailing legal@tabsettle.com with a written description of the dispute and proposed resolution. We will attempt to resolve the dispute within 60 days of receipt. Many disputes can be resolved without arbitration.

17.2 Binding Arbitration

If informal resolution fails, you and TabSettle agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the TabSettle service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (or, for claims exceeding $250,000, its Comprehensive Arbitration Rules), in Orange County, California.

The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator (not a court) will decide all issues, including the scope and enforceability of this arbitration agreement.

17.3 Class Action Waiver

If this Class Action Waiver is found unenforceable, the entire Arbitration section will be void, and the dispute will proceed in court under Section 17.6.

17.4 Exceptions to Arbitration

Either party may bring an action in small claims court for claims within that court's jurisdiction, in lieu of arbitration.

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

17.5 30-Day Opt-Out from Arbitration

You have the right to opt out of this arbitration agreement by sending written notice to legal@tabsettle.com within 30 days of first accepting these Terms (or, for existing users, within 30 days of the Last Updated date above). Your notice must include your full name, email address or phone number used with TabSettle, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other part of these Terms.

17.6 Governing Law and Venue (If Arbitration Does Not Apply)

If for any reason a claim proceeds in court rather than arbitration, the claim will be governed by the laws of the State of California, without regard to conflict of laws rules. You and TabSettle consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, California.

17.7 Time Limit

Any claim arising from or related to these Terms or the TabSettle service must be brought within one (1) year of the date the claim arose, or it is permanently barred. This shorter limitations period applies to the extent permitted by law.

18. Notices

We may provide notices to you by email, SMS, posting on tabsettle.com, or displaying a message in the TabSettle service interface. You consent to receive electronic notices and agree that electronic notices satisfy any legal requirement that notice be in writing.

You may provide notices to us at:

TabSettle, Inc.
Attn: Legal
18952 MacArthur Blvd, Suite 100
Irvine, CA 92612
Email: legal@tabsettle.com

19. General

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and TabSettle regarding the TabSettle service and supersede all prior or contemporaneous agreements.

19.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

19.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other.

19.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

19.5 Relationship of the Parties

You and TabSettle are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship.

19.6 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, pandemics, acts of government, war, terrorism, labor disputes, internet or telecommunications failures, or third-party service provider outages.

19.7 Headings

Section headings are for convenience only and do not affect interpretation.

20. Contact

TabSettle, Inc.
Attn: Legal
18952 MacArthur Blvd, Suite 100
Irvine, CA 92612

Start your free pilot

30 days, one location, up to 20 tables. We handle setup. No credit card required.

30
days free
$0
to start
20
tables

Tell us about your restaurant

We'll reach out within one business day to get your pilot scheduled.

We'll be in touch!

A TabSettle team member will reach out shortly to get your pilot started.