TabX Terms and Conditions of Use

 Last modified September 28, 2020

These Terms and Conditions of Use (“Agreement”) constitute a legally binding agreement between you and TabX, LLC, a Delaware Limited Liability Company (“Company,” or “We”).  This mobile application (the “TabX App”) and the accompanying website, including any software (including, without limitation, software, code, files, images contained in or generated by the software, accompanying data, and other embedded software), documentation, any accompanying fonts, and content developed by Company or licensed by Company (collectively, the “Platform”) is provided pursuant to this Agreement. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Company and meet the foregoing eligibility requirements. By accessing the Platform in any way, including, without limitation, browsing the Platform, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, our Privacy Policy conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations. Please read this Agreement carefully before using the Platform. 

From time to time we may update the Platform and this Agreement. Your use of the Platform after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version.  You agree that you do not have any rights in the Platform. Company will have no liability to you if the Platform is discontinued or your ability to access the Platform is terminated.  You further agree that Company will not be liable for any modification or suspension of the Platform.  You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your internet connection are aware of, and comply with, this Agreement and the Privacy Policy.

If you do not agree to the terms contained in this Agreement, then do not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement.  You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform.  The Platform is offered and available to users who are 18 years of age or older. You represent that you have the legal authority to bind yourself to this Agreement.

YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.  YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT.

On certain areas of the Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Description of Platform

The Platform, through the use of the TabX App, allows users to open and close tabs with bars and restaurants and to receive marketing correspondence, discounts and offers from bars and restaurants. We reserve the right to change or terminate the Platform at any time, in our sole discretion, with or without notice. We will not be responsible if, for any reason, all or any part of the Platform is unavailable.

 

Accounts and Passwords

In order to access certain features of the Platform, you must provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform.  You are entirely responsible for any and all activities that occur under your account and it is entirely your responsibility to maintain the confidentiality of your password and account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Platform.  Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

 

Charges

The Company adds a “TabX Convenience Charge” of $0.97 to each tab or bill that is processed utilizing the TabX App, which is payable by you to the Company in addition to your bar or restaurant charge.  Sales tax may be collected on the TabX Convenience Charge, as determined in accordance with applicable law.  This TabX Convenience Charge will be displayed as a separate line item on your tab or bill.  By using the TabX App at a bar or restaurant, you agree to pay the Company the TabX Convenience Charge.

Preauthorization

The Company preauthorizes your payment method $0.97 each time you open a tab. This is refunded once the tab is closed. The refund usually happens immediately but can take up to 7 business days to be refunded depending on your bank’s internal process.

 

Submissions

Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, address, and email address.  You agree that all information you provide to register with us or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

You agree that Company may collect and use technical and usage data and related information in compliance with our Privacy Policy. You grant Company the permission to use this information to improve its products or to provide services or technologies to you. You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity. Nothing herein shall be construed to require Company to verify the identity of any user on the Platform nor will Company have any liability for failure to verify any user’s identity.

 

Payment Processing; Accuracy of Charges; Unclosed Tabs

 The TabX App enables an end user to pay bar and restaurant tabs; however, the Company does not process those payments.  Instead, the Company works with third party payment processing vendors, and transmits encrypted tokens containing relevant payment information to those third parties, who are Tier 1 PCI compliant payment processors.  The Company does not review or store such payment information; rather, it merely transmits the encrypted tokens to third party payment processors.  The Company hereby expressly disclaims any liability related to payment processing or charges that a user believes are in error. 

 

With respect to each tab closed utilizing the TabX App, a user must confirm the charges before the transaction will be submitted for payment processing.  A user should carefully review each charge before approving and submitting for payment.  The Company takes no responsibility, and will not refund any amounts, related to any transactions which have been approved by a user on the TabX App.

 

Each bar or restaurant will have the ability to call last call through the App.  At that time, any user who has a tab or bill open on the TabX App will receive a notification that it is time to close their tab.  Such notification will include a message that, if the tab is not closed within thirty (30) minutes, the tab or bill will be automatically closed using the default payment information on file for the user and a 25% service charge (tip) added.  You understand and agree that you are responsible for closing your tab, for paying such tab, and for any such service charge if you do not close your tab within thirty (30) minutes after the last call notification.  Furthermore, this automatic tab closing will occur whether or not you have notifications enabled or disabled for the TabX App, so you acknowledge and agree that you authorize your tab to be closed and the corresponding fees charged in connection with last call even if you do not receive the notification described above.

 

Insufficient Funds

In the event your payment method is declined due to insufficient funds, Company will attempt to process that payment method for the amount of the tab including all service fees, taxes, and tip daily until the funds are paid. If after seven (7) days, the balance is still due, Company reserves the rights to attempt collecting the funds from any other payment methods associated with your account which may be on file. You may contact Company to provide an alternative payment method at any time by contacting support@tabxapp.com.

 

Grant of License

Company grants you a nonexclusive, nonsublicensable, nontransferable, and revocable right to use the Platform in accordance with the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with Company or its licensors, who own full and complete title, and Company and respective licensors reserve all rights not expressly granted to you. The rights granted to you herein are limited to Company’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights.  This Agreement does not grant you any rights to use Company proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform.  Any use of the Platform in any manner not allowed under this Agreement is prohibited.  This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, enhancements, or updates to the Platform.  You may not modify, alter, copy, publicly display or perform, distribute, or create derivative works of the Platform.

Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from your mobile device, account, or any other medium.

 

Use of the Platform

The following requirements apply to your use of the Platform. You shall not:

 

• violate any applicable federal, state, local or international law or regulation;
• violate the legal rights of others;
• provide, upload or otherwise transmit any information or materials that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;
• disclose or distribute another user’s information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
• impersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person;
• use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
• send unsolicited email to a user or use the Platform to collect payments for sending, or assisting in sending, unsolicited email to third parties;
• use the Platform for any commercial purpose not expressly approved by Company in writing;
• upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason;
• use any robot, spider, other automatic device, or manual process to monitor or copy our Content;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
• use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform;
• use any device that interferes with the proper working of the Platform;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; or
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, attempts to interfere with the proper working of the Platform, or which, as determined by us, may harm Company or users of the Platform or expose them to liability.

 

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof.  Any attempt to do so is a violation of the rights of Company and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages.

 

Content

The Platform, any services performed, provided or enabled by or through the Platform, and all content, information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and compilations of the foregoing, that may be provided to you via the Platform (collectively “Content”) by Company or its content providers, are the property of Company and its content providers, are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of the Platform.  Company makes no representation that the Platform or Content are appropriate or available for use in particular locations.

Users may download Content for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. You agree not to download, display or use any Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company or its licensors’ property, or that otherwise infringes Company or its licensors’ intellectual property rights.

Intellectual Property Ownership

There are a number of trademarks, logos, service marks, slogans, product names and designations, and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content.  By making these Trademarks available through the Platform and in the Content, Company is not granting you a license to use them in any fashion, and you are not granted any license under any of Company’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement.  No Company Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without Company’s prior written permission.

 

The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Company, or its respective licensors.  The unauthorized copying, displaying, selling, distributing or other use of any Content, the Platform, or any component thereof is a violation of the law and this Agreement. You acknowledge having been advised by Company that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws.

 

Third Party Content

 The information presented on or through the Platform is made available solely for general information purposes. The Platform includes content provided by third parties. All content, statements and/or opinions expressed in these materials, other than the content provided by Company, are solely the responsibility of the person or entity providing those materials. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

 

Geographic Restrictions

 The Platform is intended for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Representations, Disclaimer of Warranties, and Indemnification

Company and its parents, subsidiaries, officers, employees, and contractors and each of their officers, employees, and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform.  Reference to any process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, or otherwise does not constitute or imply its endorsement or recommendation by Company or Company Affiliates. 

 

The Internet may be subject to breaches of security. Company and Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that email and other submissions over the Internet may not be secure, and you should consider this before emailing Company or Company Affiliates any information or posting information to the Platform. Company and Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. The Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

 

THE PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. COMPANY AND COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT.  COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE CORRECTED.  No oral or written information or advice given by Company or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty.

 

IN NO EVENT WILL COMPANY, OR COMPANY AFFILIATES OR THEIR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

BY ACCESSING THE PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THE PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT, MISAPPROPRIATION, OR DISCLOSURE OF YOUR USERNAME/PASSWORD; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR USERNAME/PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

 

Apple App Store Terms

If you download and use the Platform from the Apple App Store, you, the end-user of the Platform, acknowledge that the Agreement is entered into by and between Company and you and not with Apple, Inc.  Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement.  You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.  You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/).  For purposes of this Agreement, the Platform is considered the “Licensed Application” as defined in the LAEULA and Company is considered the “Application Provider” as defined in the LAEULA.  If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

Links to Third-Party Websites, Applications, and Services

 The Platform provides connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Platform may allow you to add/configure certain Third-Party Services to your device.  Company has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is it responsible or liable for any content or other materials on or available from such Third-Party Services.  Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

 

Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Company servers and/or applications located in the United States and elsewhere.  You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services.  You understand and agree Company is not responsible for these companies, or their use of any of your information, and that your use of the Third-Party Services is at your own risk.

 

Assignment

Company may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, without the prior written consent of Company. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform.  To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device. This Agreement shall be binding upon successors and permitted assigns.

 

General Information

You may be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform.  If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

By using the Platform, you agree that the statutes and laws of the United States and the State of Alabama without regard to conflicts of laws principles, will apply to all matters relating to the Platform, and you agree that any litigation concerning the Platform shall be subject to the exclusive jurisdiction of the state or federal courts in Jefferson County, Alabama, USA.

 

You may discontinue your use of the Platform and request that we delete your account at any time by contacting us at support@tabxapp.com. If you request that we delete your account, we will only delete your personal account but we may not be able to delete all information that relates to you located on or associated with other user accounts. In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Company at support@tabxapp.com.