Master Service Agreement

1. Agreement Overview

This Master Service Agreement (“Agreement”) is entered into between Tableside LLC, operating as Tableside (“Provider,” “we,” “us,” or “our”) and the restaurant or food service establishment (“Client,” “you,” or “your”) agreeing to use our services.

This Agreement governs your access to and use of Tableside's website building, hosting, and management services for restaurants. By signing a Service Agreement that references this Master Service Agreement, or by purchasing or using our services through an online checkout flow that references this Agreement, you agree to be bound by these terms.

2. Services Provided

Tableside provides the following services to Client:

• Custom restaurant website design and development
• Website hosting and maintenance
• Content management and updates (menu changes, photos, etc.)
• AI-powered customer assistance integration
• Online ordering system (where applicable)
• Gift card and loyalty program features (where applicable)
• Technical support and assistance
• Regular backups and security updates

3. Service Level and Support

We are committed to providing reliable service and responsive support:

• Uptime Guarantee: We strive for 99.9% uptime for all hosted websites
• Response Time: Support requests are typically answered within minutes during business hours
• Content Updates: Menu changes and content updates submitted via email are processed within 1-2 business days
• Support Channels: Email, phone, and online support portal

4. Client Responsibilities

Client agrees to:

• Provide accurate, complete, and current information for the website and onboarding
• Supply necessary content including menus, photos, branding assets, and business information
• Provide access to relevant systems, accounts, or integrations as reasonably required for setup
• Notify us promptly of any changes or updates needed
• Maintain current payment information and pay invoices on time
• Comply with all applicable laws and regulations
• Not use the service for any unlawful or prohibited purposes

Tableside is not responsible for delays or failure to deliver services resulting from Client's failure to provide required materials, information, access, or cooperation.

5. Payment Terms

Payment terms are specified in your individual Service Agreement or online checkout. Generally:

• Monthly subscription fees are billed in advance
• Setup fees (if applicable) are due upon signing or purchase
• Payments are processed automatically via the payment method on file
• By purchasing the services, Client authorizes recurring charges to the payment method on file for all applicable subscription fees and other agreed charges
• Late payments may result in service suspension after 15 days
• Refunds are governed by Section 6 (90-Day Money-Back Guarantee) below. Except as expressly provided in Section 6, all fees are non-refundable except as required by law

6. 90-Day Money-Back Guarantee

Tableside offers a 90-day money-back guarantee under the following conditions:

• The guarantee period begins on the date Client's first subscription payment is processed
• Client must request a refund in writing within 90 calendar days of the guarantee start date
• Client must have substantially completed onboarding, including providing all reasonably requested materials and participating in setup

For purposes of this section, onboarding is considered substantially complete when Client has provided requested menus, photos, and business information; has provided access to any third-party platforms, accounts, or integrations reasonably required for setup; and has participated in or been offered a kickoff or review session.

Refunds are not available if:

• Client fails to provide required materials, information, access, or cooperation
• Client delays or prevents onboarding or implementation
• Services cannot be delivered due to Client inaction

If eligible, Tableside will refund fees paid, excluding third-party costs or pass-through fees where applicable. Approved refunds will be processed within 30 days of the approved refund request.

Exercise of this guarantee constitutes termination of the Agreement effective on the date the refund is approved. Upon such termination, Tableside will make available to Client any Client-provided content (menus, photos, logos, text), customer data collected through the services (including gift card and loyalty program records), and any other data belonging to Client. Client must request such data within 30 days of the refund approval date; after that period, Tableside shall have no obligation to retain or provide it. Tableside retains all rights to website designs, layouts, and other work product created by Tableside, which are not included in any data export.

7. Term and Termination

This Agreement remains in effect for the term specified in your Service Agreement. Either party may terminate with 30 days written notice. Upon termination:

• Client will receive a final export of Client-provided content and customer data, including gift card and loyalty program records. Client must request such export within 30 days of the termination effective date; after that period, Tableside shall have no obligation to retain or provide it.
• Website designs, layouts, and other work product created by Tableside are not included in any data export and remain the property of Tableside.
• Website hosting will cease at the end of the notice period
• Client remains responsible for any outstanding payments
• Tableside may retain content for archival purposes only

Gift Cards and Loyalty Programs. Client is the issuer of all gift cards sold and loyalty rewards earned through the services. Upon termination for any reason, Client remains solely responsible for honoring all outstanding gift card balances and loyalty rewards. Tableside will provide Client with records of outstanding balances and earned rewards as part of the data export described above. Client acknowledges its obligation to comply with all applicable laws governing gift cards and unredeemed balances, including California Civil Code sections 1749.45–1749.6.

Domain Names. If Tableside registered a domain name on behalf of Client, Client may request transfer of that domain upon termination. If Client does not request transfer within 30 days of termination, Tableside may release or discontinue the domain at its discretion.

8. Intellectual Property

Client Content: Client retains all ownership rights to content provided (menus, photos, logos, text, etc.). Client grants Tableside a license to use this content solely for providing the services.

Tableside Platform: Tableside retains all rights to its software, platform, code, designs, and proprietary systems. Upon termination, Client receives no rights to the underlying platform or code.

9. Data and Privacy

We take data privacy seriously:

• Client data is stored securely and backed up regularly
• We comply with applicable data protection regulations
• Client data is not shared with third parties except as necessary to provide services
• See our Privacy Policy for detailed information on data handling

10. Warranties and Disclaimers

Tableside warrants that services will be performed in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABLESIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Tableside's total liability shall not exceed the total amount paid by Client in the 12 months preceding the claim.

12. Indemnification

Client agrees to indemnify and hold harmless Tableside from any claims, damages, or expenses arising from:

• Client's use of the services
• Content provided by Client
• Violation of this Agreement by Client
• Violation of any laws or third-party rights by Client

13. Changes to Agreement

Tableside may update this Agreement from time to time. We will provide notice of material changes via email or through the service. Changes will become effective on the date specified in the notice and will apply on a prospective basis. Changes to pricing, refund rights, or guarantee terms will not apply retroactively to purchases made prior to the effective date. Continued use of the services after the effective date constitutes acceptance of the updated terms. If Client does not agree, Client may discontinue use of the services.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising from this Agreement shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in San Diego, California.

16. Miscellaneous

Entire Agreement: This Agreement, together with the Service Agreement, constitutes the entire agreement between the parties.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver of such right or provision.

Assignment: Client may not assign this Agreement without Tableside's written consent. Tableside may assign this Agreement to any successor or affiliate.

17. Contact Information

For questions about this Agreement, please contact us: