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TableAura Terms of Use

TableAura Terms of Use:

Introduction

By accessing or using our website (tableaura.com or any subdomain), any other TableAura website, or the TableAura mobile applications (“TA Sites & Apps”), you acknowledge that you have read, understand and agree to be bound by these terms of use (“Terms of Use”), regardless of whether you may make a purchase.

TableAura is a product and service offered by TableAura Inc. (“Company,” “we,” “us,” or “our”). In addition to these Terms of Use, you may enter into other agreements with Company or others that will govern your use of TA Sites & Apps or related services. As used herein, “Users” means anyone who accesses or uses TA Sites & Apps.

These Terms of Use incorporate the Company’s privacy policy, which is available to view here

Amendments to Terms of Use

We reserve the right to modify these Terms of Use at any time at our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of TA Sites & Apps following the posting of changes will constitute your acceptance of the revised Terms of Use.

1. About the Service

Eligibility

You must be at least 18 years old to use the Service. By using any part of the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.

Access

Use of the Service requires a compatible mobile device and requires Internet access. Your ability to use the Service may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Service made available by TableAura.

Privacy Policy

Our privacy practices are described in our Privacy Policy. Please review the Privacy Policy, it controls:

    • What information we may collect about you

    • How we use that information

    • What information, if any, you are agreeing to share with third parties

    • With whom we share your information

    • Your privacy options

Forfeiture of Rewards

Provided you do not breach these Terms, any Rewards that have been credited to your Account (as defined in Section 2 below), will remain in your Account for so long as you are actively using the App. Your Rewards may automatically expire and be removed from your Account if you fail to do any of the following during any consecutive ninety (90) day period:

    • Redeem any of your Rewards; or

    • Make an eligible transaction with a Credit Card at any Affiliated Establishment

If Rewards are removed from your Account, they will not be replaced.

Earn Rewards

TableAura enables you to earn Rewards whenever you purchase a meal using the TableAura App using your credit card on file (excluding any gratuities, fees and service charges) to spend on subsequent visits. If you pay all or part of your bill with discounts, bonuses, previously earned Rewards, you will not earn Rewards on the amount of your bill paid in that manner.

2. Registration

To use the Service, you must register for an account (“Account”) by providing:

    • Your personal mobile telephone number

    • Your legal name (full first and last names)

    • Your email address

Important Registration Requirements:

    • You may not register with a virtual or V.O.I.P. number (e.g., Google Voice, Line 2, etc.)

    • We will send a verification code to your mobile device to confirm your identity

    • Each Account requires a user’s legal name, unique mobile number linked to a mobile carrier’s activated SIM card and a unique mobile device

    • You may only have one active Account regardless of how many mobile phone numbers or devices you have

    • You may only have one mobile device linked to your Account

You agree to take all reasonable precautions to protect your Account and notify us at support@tableaura.com of any breach of security or unauthorized use of your Account.

3. License to Use the Service; Ownership

License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to access and use the Service during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else.

Restrictions

You agree that you will not:

    • Reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service or any part thereof

    • Take any measures to interfere with or damage the Service or any part thereof

Ownership

You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service or any other Company products or services, or any modifications or derivative works of any of the foregoing. The Service is licensed, not sold, to you and is owned by Company and its licensors. Except as expressly set forth herein, Company reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other Company products and services.

Apple App Store Terms

The following terms apply if you acquired the App from the Apple App Store:

    • These Terms are solely between you and Company, not Apple

    • Apple has no responsibility for the App or its content

    • Your use of the App must comply with the App Store Terms of Use

    • Apple has no obligation to furnish maintenance and/or support services

    • You and Company acknowledge that, in the event of any third party claim that the App infringes intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim

    • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms

Mobile Software from Google Play Store

If you acquire the App from Google via Google Play, the Google Play Terms shall apply with respect to your use of any App to the extent of any conflict with these Terms.

4. Consent to Communication

Communication Methods

By using the Service, you agree that we and our partners may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. Communication will be made primarily through:

    • Text messages and/or “short codes” to your registered mobile phone number

    • Your email address

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

To withdraw your consent to receiving electronic notices, please notify us at support@tableaura.com.

Messaging Rates

TableAura does not currently charge a fee to use the Service, but any text messages and or short codes sent and/or received may be subject to standard text messaging rates that may be imposed by your mobile carrier.

Surveys

By using the Service, you agree that we may contact you via telephone, text or email for the purpose of requesting your participation in surveys regarding the Service. To withdraw your consent, please notify us at support@tableaura.com.

Short Codes

TableAura’s short code number is TBD.

When you opt in to TableAura’s short code service:

    • TableAura will send you an SMS message to confirm your signup

    • You can cancel by texting “STOP” to 44501

    • You can get help by texting “HELP” to 44501

    • If you want to rejoin, just sign up as you did the first time

Supported Mobile Carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

For questions about the services provided by this short code, email support@tableaura.com.

5. Content, Feedback and Use Restrictions

Your Content

You may post reviews and give restaurants 1 to 5-star reviews on our site. Your review will be posted with your first name. TableAura reserves the right to remove reviews at its sole discretion.

You are solely responsible for the content, information, images, videos and text (“Content”) that you post, upload, transmit, publish or display on or through the Service. You agree that you will not provide inaccurate, misleading or false information to TableAura or to any other user.

Prohibited Content

You agree that you will not post on the Service, or transmit to other users, any content that:

    • Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal

    • Infringes or violates another party’s rights (including intellectual property rights, and rights of privacy and publicity)

    • Is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm

    • Intimidates, threatens, or harasses other users or TableAura employees

    • Is false, misleading or promotes illegal activities

    • Exploits people of any age in a sexual or violent manner

    • Contains sexually explicit content

    • Provides instructional information about illegal activities

    • Involves transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”

    • Uses any robot, spider, or automated device to retrieve or reproduce content

    • Promotes illegal or unauthorized copying of copyrighted work

    • Contains or transmits viruses, corrupted data or other harmful files

    • Solicits personally identifiable information for commercial or unlawful purposes

    • Engages in commercial activities including contests, sweepstakes, barter, advertising, and pyramid schemes

    • Infringes any third party’s copyrights or other rights

Feedback

Any suggestions, comments, ideas, corrections, improvements, feedback or other information you provide Company (collectively, “Feedback”) shall be the sole and exclusive property of Company and you hereby assign all of your rights, title and interest in such Feedback to Company. Company is free to use, disclose, reproduce, license and otherwise distribute the Feedback in connection with any product or service, including the Service, without any obligations or restrictions to you.

License to Your Content

When you post Content on the Service, you grant Company a non-exclusive, royalty-free, fully paid-up, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with operating and providing the Service, for the duration of your use of the Service and for a reasonable period thereafter to fulfill any ongoing obligations. This license will terminate when you delete your Content or Account, except to the extent Company needs to retain copies for legal compliance or legitimate business purposes.

6. Rewards

Activities

This section applies to how you can earn TableAura Dollars (“Rewards”) by dining at an Affiliated Establishment, and how you can redeem those Rewards.

Rewards General Conditions

    • Rewards are based on the subtotal transaction value (prior to tax and tip) observed via Transaction Information on your Linked Card

    • Rewards cannot be combined with other offers, discounts, or promotions

    • Rewards have no cash value and cannot be redeemed for cash

    • Rewards are not transferable and may only be used by the account holder

    • Rewards comply with applicable state gift card and stored value regulations

Additional Terms and Conditions

Additional terms and conditions may apply with respect to each individual Affiliated Establishment and potential Rewards. These will be displayed in the App when you select a restaurant or view a Reward.

Referrals

If you refer others to sign up for the Service, you are solely responsible for such messages, and you represent and warrant that you have a personal relationship with such invitees and all such invitees have consented to receiving such messages.

Dining Rewards

You can earn Rewards by paying at an Affiliated Establishment with a Credit Card.

Promotional Rewards

You can earn Rewards through the Company Referral Program and other promotional incentives offered from time to time. Company reserves the right to determine the availability and frequency, as well as applicable terms, of all promotional programs.

Redeeming Rewards

You can redeem your Rewards at any location on the Company network.

Expiration

    • Rewards are automatically added to your account within twenty-four (24) hours of your eligible purchase

    • Rewards expire three (3) months after the calendar month in which such Rewards were earned

    • Example: If you earn Rewards on September 15, 2024, it will expire on January 1, 2025

    • The oldest accrued Rewards will be used first for redemptions

Uses and Restrictions

    • Use of Rewards for alcoholic beverages depends on applicable law

    • Rewards cannot be combined with any other coupons or promotions, unless expressly permitted

    • Rewards cannot be used for tips, prior balances, administrative fees, or other charges

    • Duplicate use of Rewards is prohibited

    • The Rewards price does not include sales, value-added or use taxes

Breaches

If we determine that you have committed any of the following (“Breaches”):

    1. Accrued Rewards by claiming credit for meals or orders that did not occur

    1. Engaged in any fraud, abuse or misuse in connection with accruing or redeeming Rewards

    1. Attempted to do any of the foregoing

We may:

    • Remove any Rewards in your Account

    • Temporarily suspend your ability to earn and/or redeem Rewards

    • Terminate your Account

    • Request a refund for redeemed Rewards

    • Take any legal or other actions we deem necessary

7. Purchasing

Company may verify a user’s identity prior to processing a purchase and may refuse to process or cancel a purchase to comply with applicable law or to respond to misrepresentation, fraud, or violations of these Terms.

Company does not guarantee best available rates or prices and does not guarantee against pricing errors. Company reserves the right to not process or cancel any orders, including if the price was incorrectly posted.

Company has a process for evaluating Merchants but does not fully investigate or vet Merchants. You should investigate as you deem necessary before purchasing any Company product to determine whether the Merchant is qualified to provide the advertised goods and services.

8. Merchant Liability

Merchant is solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer.

You hereby irrevocably waive all rights related to, and release Company and its subsidiaries, affiliates, partners, officers, directors, employees, and agents from, any liabilities arising from or related to any act or omission of a Merchant.

9. Offers

Special offers (“Offers”) may be distributed by email, through the App, text, social media or through a participating restaurant’s website. You may be required to opt-in and activate special offers.

Special offers may:

    • Be customized based on your purchase behaviors and preferences

    • Include periodic discounts or the opportunity to earn extra TableAura Rewards

    • Have certain restrictions, including expiration dates and short redemption periods

    • Not be shared, copied or transferred unless stated otherwise

Company reserves the right to change or suspend personal offers and coupons in its discretion.

10. Rewards and Offers Suspension

If Company determines that you have violated these Terms or that use of any Offers or Rewards are unauthorized, deceptive, fraudulent or otherwise unlawful, Company reserves the right to suspend, withdraw or make void any Rewards you have earned or any Offers you may have.

Company reserves the right to change, modify, discontinue or cancel ways to earn Rewards at any time and in its sole discretion, without notice to you.

11. Termination

Company reserves the right to suspend, disable or delete Accounts, and/or your ability to access the Service at any time for any reason, including:

    • Breaches of these Terms or Community Guidelines

    • Acting in a manner that the restaurant or Company deems improper or disruptive

If you commit a Breach or otherwise violate these Terms, all licenses granted to you by Company will terminate automatically.

You may cease use of the Service at any time. We do not automatically delete your Account information so you may easily rejoin the Service. If you want Company to delete your Account information, you may email us at support@tableaura.com or follow the “Delete Account” prompt within the “Manage Account” section of the App.

12. Disclaimer of Warranties

WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT ON TA SITES & APPS.

TA SITES & APPS AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

We do not warrant that TA Sites & Apps are free of viruses or other harmful components. We may discontinue or make changes in the content and TA Sites & Apps at any time without prior notice to you and without any liability to you.

13. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF TA SITES & APPS.

IN ANY CASE, COMPANY AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold Company, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:

    • Any User Content you post or share on or through TA Sites & Apps

    • Your use of TA Sites & Apps

    • Your conduct in connection with TA Sites & Apps or with other Users

    • Any violation of these Terms or of any law or the rights of any third party

15. Consent to Electronic Disclosures

By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information electronically from us in relation to all of your interactions and transactions on TA Sites & Apps.

To access and retain the Communications electronically, you will need to use a computer with a current version of Microsoft Edge, Firefox, Google Chrome or similar software.

You may withdraw your consent to receive Communications electronically by contacting us via email at support@tableaura.com with the subject heading “Electronic Disclosures”.

16. Arbitration and Class Action Waiver

Informal Process First

In the event of any dispute between you and Company, you will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to arbitration.

Binding Arbitration

Any dispute or claim arising from your use of the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court.

No Judge or Jury

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court and must treat these Terms as a court would.

Arbitrator and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) before a neutral single arbitrator, whose decision will be final and binding. The arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes.

Starting an Arbitration

To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and the relief requested. Your notice must be sent to support@tableaura.com. Company will send any notice of dispute to you at the contact information we have for you.

Format of Proceedings

The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

Fees

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Company will pay all other AAA and arbitrator’s fees and expenses.

Individual Basis

To the fullest extent permitted by applicable law, you and Company each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial.

Limitation Period

In no event shall any claim, action or proceeding by you or Company be instituted more than one (1) year after the cause of action arose.

Opting Out

If you do not want to arbitrate disputes with Company and you are an individual, you may opt out of this arbitration agreement by sending an email to support@tableaura.com within thirty (30) days of the date you first access or use the Service.

17. Modification of the Terms

Company may modify, add or remove any or all parts of these Terms and/or the Service from time to time. Company will post any changed version of these Terms and indicate its effective date. Such modifications will be effective immediately upon posting.

If we make any material changes, we will use commercially reasonable efforts to notify you by means of a notice on the Service. Your continued use or access of the Service following the posting of changes indicates your acceptance of those changes.

18. Miscellaneous

These Terms are the complete and exclusive agreement between you and Company with respect to the subject matter of these Terms. These Terms may not be transferred or assigned by you, but may be assigned by Company without restriction.

These Terms shall be governed by the laws of the State of Texas, notwithstanding any principles of conflicts of law.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

19. Links to Third Party Websites

From time to time Company may contain links to websites that are controlled, owned, or operated by third parties (“Third-Party Sites”). We do not take any responsibility for any content provided on Third-Party Sites, nor do we make any representation or warranty regarding the accuracy of the content on any Third-Party Site.

You acknowledge and agree that your use of any Third-Party Sites is governed by the terms of use for those websites, and not by these Terms of Use.

20. Other Agreements

These Terms of Use shall be subject to any other agreements you have entered into with us.

21. Additional Terms

Certain sections or pages on TA Sites & Apps may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern those sections or pages of TA Sites & Apps.

22. General Provisions

If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Contact Information

For questions about these Terms of Use, please contact us at: support@tableaura.com

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