Terms of Service

Got it. I have updated the Terms of Service. I replaced all instances of “Toast” with “Tabit,” updated the client to Kush Hospitality, LLC, and adjusted the agency/provider to Loopaible AI Marketing LLC where applicable to match your previous instructions.

Here is the revised draft:

Last updated: January 23, 2026 Previous version of these Guest Terms of Service

The following Tabit Guest Terms of Service (“Terms of Service”) are a legal agreement between you and Tabit (“Tabit,” “we,” or “us”) and govern your access to and use of any technology, software, information, or service made available or enabled by Tabit and accessed via any platform or device, which include any websites, applications, features, or any other ways Tabit allows you to engage with us directly or with a merchant that uses Tabit. This includes engagements managed or facilitated by our marketing and web management agency, Loopaible AI Marketing LLC, on behalf of our merchants.

Please read these Terms of Service carefully. There are a number of key terms to note, in particular:

  • We use, disclose and share your information as necessary to provide you with the Services, as described in these Terms and our Privacy Statement, and as you may otherwise authorize. Merchants (such as Kush Hospitality, LLC) and other third parties (such as Loopaible AI Marketing LLC) may also use your personal information when you provide it to them or to us and their own privacy statement may govern such use.

  • We may suspend your Tabit Account or access to the Services in certain circumstances.

  • You are liable for your content and conduct on your Tabit Account.

  • Certain services offered to you within Tabit’s Services may be provided by third-parties. Those third-party services may have terms that you are subject to and must comply with and Tabit is not responsible for your use of those third party services.

  • These Terms of Service include provisions which limit our liability to you.

  • Section 12 of these Terms of Service includes an agreement to resolve disputes by mandatory arbitration and a class action waiver.

1. Overview and Acceptance of Terms

1.1 Age & Authority Requirements

If you are an individual, you must be at least 18 years of age and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you confirm and agree that you are an authorized representative of such entity, and that you have the authority to, and agree to, bind it to these Terms of Service. Tabit reserves the right to require age verification.

1.2 Additional Terms & Policies

These Terms of Service expressly incorporate by reference the Tabit Acceptable Use Policy (“Tabit AUP”), Privacy Statement, and any other policies or terms referenced within or posted throughout the Services, which form a binding part of these Terms of Service. Collectively, these Terms of Service and all incorporated policies are referred to as the Terms.

1.3 Acceptance and Updates to Terms

By accessing and/or using any of the Services, you agree to and acknowledge the Terms. If you do not agree to the Terms, you must not access or use the Services.

From time to time, Tabit may update or modify the terms, including but not limited to these terms of service, the Tabit AUP, or other incorporated policies, in our discretion and will post the updated terms to /tabit/terms-of-service. If our changes reduce your rights or increase your responsibilities, we will use commercially reasonable efforts to provide you with notice. A single notice may be used to inform you of updates to any of the terms. The updated terms will become effective as of the effective date indicated in the notice. Continued use of the Services after the effective date constitutes your acceptance of the updated terms. It is your responsibility to review the terms regularly. To the maximum extent permitted by law, your sole and exclusive remedy in the event you do not accept the updated terms is to cease your access to and use of the Services.

1.4 Changes to Tabit’s Services & Availability

We reserve the right, at any time and without prior notice, to establish limitations, change, suspend, withdraw or restrict the availability of all or any part of our Services for business, operational or any other reason. This includes but is not limited to delaying, holding or cancelling the processing of any payment transaction, loyalty points/bonuses, or access to your Tabit Account if your Tabit Account or activity is flagged as potentially invalid, suspicious, or in Tabit’s sole discretion for misconduct or fraud, if it would cause us to violate any agreement with our third party providers, otherwise violates applicable law or these terms, or if you request Tabit to delete your personal information.

2. Definitions

For purposes of these Terms, the following definitions apply:

  • “Merchant” means any business or entity, such as Kush Hospitality, LLC, that uses Tabit’s Services to offer products or services to users.

  • “Order Content” means ratings, reviews, photos, and other data you submit through the Services in connection with your orders, transactions, or restaurant reservations, including those made via integrated third-party platforms.

  • “Payment Method” means any credit card, debit card, or other permitted payment method you provide to Tabit or a Merchant.

  • “Purchase” means any Transaction initiated by a user through the Services, including but not limited to the Tabit App, Tabit-powered online ordering, or other Tabit platforms, for the acquisition of food, beverages (including alcoholic beverages where permitted), goods, services, gift cards, or other items offered by a Merchant.

  • “Services” means any technology, software, information, or service made available or enabled by Tabit and accessed via any platform or device, including any websites, applications, features, or any other ways Tabit allows you to engage with us directly or with a Merchant.

  • “Third-Party Content” means any information, materials, products, services, features, or content that are provided, made available, or otherwise supplied by parties other than Tabit, including but not limited to content, offers, applications, websites, advertisements or services from Merchants or other third parties (like Loopaible AI Marketing LLC) that may be accessed through or displayed within the Services. For the avoidance of doubt, this includes content moderation services or tools provided by third-party vendors that may scan, review, or process User Content prior to its display within the Services.

  • “Tabit Account” means the account you create to access certain Tabit Services.

  • “Tabit App” means the mobile application provided by Tabit, which enables users to access and use certain Tabit Services, including but not limited to placing orders, making payments, participating in loyalty programs, and managing Tabit Accounts, via a compatible mobile device. The Tabit App may be updated, rebranded, or replaced by Tabit from time to time, and references to the “Tabit App” include any successor or replacement applications provided by Tabit.

  • “Tabit Cash” means any gift cards, bonuses or promotional codes (including, but not limited to loyalty points or rewards) bearing the name Tabit Cash that you buy, receive, or use to make Purchases.

  • “Tabit Cash Bonus” or “Tabit Cash Bonuses” means Tabit Cash in the form of bonuses or promotional codes.

  • “Tabit-Powered Loyalty” means services that enable Merchants to offer loyalty and/or rewards programs.

  • “Transactions” means any order, purchase, reservation, or similar activity initiated or completed by a user through the Services, including but not limited to those made via Tabit’s platforms or through integrated third-party providers, regardless of whether such activity is a Purchase.

  • “User Content” means any text, graphics, videos, images, or other data that you upload to the Services, including without limitation Order Content.

3. Access & Use of Services

3.1 Geographic & Feature Limitations

At this time, Tabit’s technology is only available to Merchants in certain regions. Not all features or Services will be available to all users at all times. The availability of Services may vary based on factors including, but not limited to, geographic location, user type, device and the version of the application being used. You are responsible for complying with all applicable laws and regulations in connection with your use of the Services.

3.2 Merchant Interactions

You acknowledge and agree that all aspects of your Purchases and interactions with Merchants (like Kush Hospitality, LLC), other than the technology and payment processing services provided by Tabit, are solely the responsibility of the Merchant. Each Merchant is solely responsible for its own operations, including but not limited to the provision, quality, safety, legality, and accuracy of food, beverages, products, services, environment, and representations. Once a Merchant receives your information through Tabit, the Merchant’s own privacy practices and policies will govern its use of that information.

3.3 Termination and Suspension

Tabit reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to all or any part of the Services, your Tabit Account, or remove or block any User Content at any time, with or without notice, for any reason or no reason, including but not limited to violation of these Terms or suspected fraudulent or illegal activity. Upon termination, Tabit may retain your information as required by law or for legitimate business purposes. Termination does not relieve you of any obligations incurred prior to termination, including Purchases made as well as related fees and charges already incurred, and we will not provide any refunds for amounts previously paid through the Services in respect of Purchases prior to the date of termination, unless required by these Terms or applicable law. Upon termination, you may lose access to the relevant Services and we may delete any information stored regarding you or your transactions through the Services.

3.4 Use of Your Information & Personalization

Tabit may collect and use information about your interactions with our Services, including, but not limited to, your Tabit search history, user-created lists, food restrictions and/or dietary preferences, general information (such as location and device details), order history, and data inferred from your activity, to provide, improve, and personalize your experience. This may include offering tailored restaurant and menu recommendations, highlighting relevant offers or discounts, enabling features such as reordering, and sharing relevant information with Merchants to enhance your experience. Tabit may use this information for these and other related purposes, as permitted by law and as further described in our Privacy Statement.

By using the Services, either through a Tabit Account or otherwise, you direct Tabit to share certain information (including personal information) with Merchants for the purposes of providing the Services, enhancing those Services and your Merchant experience and improving the accuracy and utility of customer profiles within Merchant customer database solutions. The types of information that may be shared include, but are not limited to, your name, contact information (such as email address and phone number), order history, Order Content, preferences, loyalty program participation and other account-related data that you provide or that is generated through your use of the Services. Such sharing enables Merchants to recognize you as a returning guest, personalize your experience and offer tailored services, promotions, or rewards. Merchants’ use of your information is governed by their own privacy practices and policies and Tabit is not responsible for the privacy or data security practices of any Merchant. For more information about how Tabit collects, uses, and shares your personal information, including your rights and choices regarding your data, please refer to our Privacy Statement.

3.5 Your Tabit Account

When you use certain Tabit Services, you can choose whether you would like to register and create a Tabit Account. If you create a Tabit Account, you may save certain personal information to facilitate future Transactions. You may make certain Transactions without creating a Tabit Account, but you may not be able to save any personal information or preferences for future Transactions. You are solely responsible for all activity that occurs under your Tabit Account, including any use of your Payment Method, except to the extent such activity results directly from Tabit’s gross negligence, willful misconduct, or breach of these Terms.

In order to use the Tabit App, you must download it to your mobile device and create a Tabit Account. If you use the same email address or phone number for digital ordering features, the Tabit App, Tabit Cash, any Merchant loyalty programs, or other Tabit Services, you may be registered for one Tabit Account across those Services and your data and information may be linked and used across those Services.

When you create a Tabit Account, we will ask you for certain personal information, such as your name, mobile number and email address, which will be stored with Tabit to facilitate your use of the Services. You agree to provide true, accurate current and complete information for your Tabit Account registration and you agree not to misrepresent your identity or your Payment Method information. It is your responsibility to keep the information you provide us up-to-date and accurate.

Tabit may, in its sole discretion, terminate or refuse to approve registrations for a Tabit Account with or without cause or notice, other than any notice required by applicable law.

Only you have the right to access and use your Tabit Account. You are responsible for keeping your login information confidential and secure at all times. Tabit will assume that if your login or Payment Method are used to access the Services, the user has the legal authority to use such login or Payment Method. If you become aware of unauthorized use of your login or Payment Method, you agree to notify Tabit immediately.

You can make changes to your Tabit Account information by logging in on any Tabit Merchant’s Tabit-powered online ordering page or within the Tabit App. You may also be able to view certain Tabit Account-related activity, including Purchases history, by logging into your Tabit Account via the Tabit App.

3.6 Card Linking

Tabit offers you the ability to link one or more Payment Methods to your Tabit Account (“Card Linking”). By electing to link a Payment Method, you authorize Tabit to associate that Payment Method with your Tabit Account for the purposes of tracking and recording your purchases made at Tabit Merchants and providing the Services, whether such purchases are made through digital ordering, the Tabit App, or on-premise at participating Merchants. When you link a Payment Method to your Tabit Account, Tabit may automatically identify and associate all qualifying payment transactions made with that Payment Method at Tabit Merchants, including payment transactions made without you being logged into your Tabit Account at the time of purchase (for example, on premise). This process may include historical transactions associated with the linked Payment Method.

You may not link a Payment Method that you are not authorized to use or use Card Linking for any fraudulent, unlawful, or unauthorized purpose. You may unlink a Payment Method at any time through your Tabit Account settings; however, unlinking will not affect the association of Transactions that have already been linked to your Tabit Account.

By linking a Payment Method, you authorize Tabit to collect, store, and use Transaction data associated with that Payment Method for the purposes of providing and improving the Services, including but not limited to:

  • Displaying your order history

  • Enabling gift cards, loyalty and rewards programs and offerings (including card-linked redemption)

  • Facilitating ratings, reviews and photos

  • Providing personalized offers and recommendations

  • Supporting customer service and resolving disputes

  • Facilitating enhanced card-linked hospitality features

3.7 Closing your Tabit Account

You may request to close your Tabit Account at any time and without cost, but you will remain liable for any outstanding Purchases as well as any fees or other charges incurred. Except as otherwise required by applicable law, Tabit will not issue refunds for amounts previously incurred through our Services once you close your Tabit Account.

In certain cases, we may not allow you to close your Tabit Account, including but not limited to:

  • to evade an investigation;

  • if you have open or pending Purchases or payment transactions; or

  • if you owe money to Tabit or a Merchant due to your use of the Services, unless and until said open issues are resolved.

3.8 The Tabit App

Subject to these Terms, Tabit hereby grants you a non-exclusive, non-transferable, revocable license to use the Tabit App in object code form only, for one Tabit Account on a compatible mobile device owned or leased by you, solely for permitted use of the Services.

To download and use the Tabit App, you must have a mobile device that is compatible with the Tabit App. Tabit does not warrant that the Tabit App will be compatible with your mobile device or that it will be supported by all mobile carriers. You may use mobile data in connection with the Tabit App and incur additional charges from your wireless provider. You agree that you are solely responsible for such charges.

4. Intellectual Property & Content

4.1 Tabit Content

Tabit owns, or has a license to, all rights, title and interest (including all worldwide intellectual property rights) in and to the Services (including all derivatives or improvements thereof). Except as expressly provided herein, you have no rights in or to the Services and you will not use, copy or display the Services. No other use of the Services is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Services. Any rights not expressly granted herein are reserved by Tabit. Generative or search engine optimization and other crawler features are enabled on applicable pages solely for navigational and search purposes. Tabit retains all rights, including but not limited to all copyrights, in this content, and any other reproduction or use of the content, such as developing or training artificial intelligence, algorithms, or models, is strictly prohibited without Tabit’s prior express written consent.

The trademarks, service marks and logos of Tabit (the “Tabit Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Tabit. Other product and service names located in the Services may be trademarks or service marks owned by a Merchant or other third-parties (the “Third-Party Trademarks” and, collectively with the Tabit Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the prior written consent of the rightsholder specific for each such use. The Trademarks may not be used to disparage Tabit or the applicable third-party, Tabit’s or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Tabit Trademark or Third-Party Trademark will inure to the rightsholder’s benefit.

4.2 Your Feedback

You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations or other input about the Services (“Feedback”) at any time. You hereby irrevocably assign all right, title, interest (including all worldwide intellectual property rights) in and to the Feedback to Tabit and acknowledge that Tabit is free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind and without compensation or attribution.

4.3 User Content, Ratings & Reviews

The Services may enable you to create, upload and share various types of User Content. By using these features, you can provide feedback, share your experiences and interact with Merchants and other users through our Services. The Tabit AUP sets forth rules and restrictions for your use of the Services to ensure responsible and lawful use.

For Transactions associated with your Tabit Account, including but not limited to those identified through Card Linking, you may have the option to submit Order Content through the Tabit App or other Tabit Services. You may elect to make your Order Content publicly visible. If you choose to do so, your ratings, reviews and photos may be displayed on restaurant detail pages, or other public-facing areas of the Tabit Services, and may be visible to other users. Publicly shared Order Content will display your first name and last initial as associated with your Tabit Account.

User Content, including but not limited to Order Content, may be subject to scanning, review and moderation by Tabit and/or third-party content moderation tools prior to being made visible within the Services. Such moderation may include automated or manual review for appropriateness, compliance with the Terms (including the Tabit AUP) and other criteria determined by Tabit; however, Tabit does not guarantee that such moderation will identify all inappropriate or non-compliant content. Tabit reserves the right, in its sole discretion, to delay, block, or remove any User Content that does not meet our moderation criteria.

You retain all rights, title, and interest in and to your User Content. You hereby grant to Tabit a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable and sublicensable license to access, use, copy, reproduce, modify, adapt, display, publish, transmit, translate, create derivative works from, distribute, perform and display your User Content in connection with the operation, marketing, analytics and improvement of the Services, including without limitation for the development of potential offerings or other future products and services under consideration by Tabit (whether developed independently by Tabit or through a third party). Except rights that cannot be waived under applicable law, you waive any moral rights you may have in User Content.

You are responsible for all content you share via the Services, including your User Content. By uploading or sharing content, you agree and confirm that you have all necessary rights and permissions to do so, including as set out in our Privacy Statement, and that your content does not violate any law or third-party rights.

You are solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired and any transfer of User Content outside of the Services by you or any third-party authorized by you. Section 9 (Disclaimers and Limitation of Liability) includes important limitations on Tabit’s responsibility for User Content.

5. Third-Party Content and Services

5.1 Third-Party Terms

The Services may contain Third-Party Content and links to Third-Party Content. You are solely responsible for reviewing all applicable third-party terms and conditions in connection with your use of the Services.

5.2 Disclaimer of Third-Party Content

Tabit does not control, review, approve, monitor, warrant, endorse, or assume any responsibility for any Third-Party Content and your interactions with third parties are solely between you and the applicable third party. Tabit does not review, pre-screen, or guarantee the accuracy, integrity, legality, or quality of any Third-Party Content. Your use of Third-Party Content is at your own risk. Except as expressly permitted in these Terms, you may not use, copy, display, distribute, modify, or create derivative works from any Third-Party Content without the prior written consent of the applicable rightsholder.

5.3 Third-Party Beneficiaries

Apple Inc. and Google Inc. will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS or Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service, including any license transferability and other usage rules therein.

6. Digital Ordering & Transactions with Merchants

6.1 Digital Ordering Features

Digital ordering features allow you to make Purchases from a Merchant using your own device.

Some digital ordering features may allow you to place multiple orders as part of one Purchase. When you open a check, you may be required to provide payment information prior to completing your Purchase. By providing your payment information for pre-authorization, you agree to pay the total amount shown when you submit the final portion of your order. If a transaction completes, but you fail to complete payment for your Purchase (for example, you receive your order, but do not complete payment), the Merchant may be able to charge your payment method after a certain amount of time has passed.

6.2 Order Changes, Cancellations, Refunds and Customer Service

Merchants each set their own cancellation and refund policies. Once a Purchase has been made through our Services, you will need to contact the Merchant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.

For questions or customer service regarding a Purchase or the product or service provided by a Merchant, please contact the Merchant directly. Where the Tabit App is available, each Merchant included on the Tabit App’s contact information for customer service is available on its Tabit App listing. Tabit is not responsible for any Merchant service issues or content errors or inaccuracies related to a Merchant’s website, menu, Tabit App listing, digital ordering features, marketing and promotional materials, or other materials.

6.3 Age-Restricted Items

Certain products and services offered by Merchants through the Services may be subject to laws and regulations that restrict their sale, purchase, possession, or delivery based on age or other criteria (“Age-Restricted Items”). Age-Restricted Items may include, but are not limited to, alcoholic beverages, tobacco products, hemp or CBD products, and other regulated goods.

By making a Purchase of any Age-Restricted Item through the Services, you agree and confirm that:

  • You are of legal age to purchase, possess and receive the Age-Restricted Item where you are located;

  • You are not procuring the Age-Restricted Item for any person who is not of legal age or is otherwise prohibited from receiving such item;

  • You will provide bona fide government-issued photo identification or comply with other age verification procedures as required by law at the time of pickup or delivery;

  • You will comply with all applicable laws and regulations regarding the purchase, possession and use of Age-Restricted Items.

Tabit is not the seller or supplier of any Age-Restricted Item offered by Merchants and is not a party to any Transaction involving such items. Tabit acts solely as a platform provider and is not responsible for holding any license or authorization to sell, distribute, or deliver Age-Restricted Items. Tabit disclaims all responsibility and liability for the legality, quality, safety, or delivery of Age-Restricted Items and for any Merchant’s compliance with applicable law. The availability of Age-Restricted Items through the Services may vary by jurisdiction. Tabit reserves the right to restrict or prohibit the sale or delivery of any Age-Restricted Item through our Services in any location or to any user, in their sole discretion and as required by law. Additional requirements may apply to other Age-Restricted Items as set forth in the Services or by the Merchant.

6.4 Alcoholic Beverages

By making a Purchase of alcoholic beverages, you confirm and agree that you are at least twenty-one (21) years of age (U.S.) or the applicable legal age where you are located, and you agree to comply with all additional requirements imposed by applicable law.

7. Payments, Gift Cards, Tabit Cash, Promotional Offers

7.1 Payment Processing

Tabit acts, either directly or through a third party service provider, as a third-party technology provider to and facilitates payment processing on behalf of the Merchant as the agent of the Merchants through the payment networks. Purchases and payment transactions you make through our Services are transactions between you and the Merchant only, not with Tabit or any of our affiliates. Tabit is not the seller of any product or service offered by Merchants and is not a party to any payment transaction facilitated through the Services.

When you make a Purchase, you authorize the Merchant to submit the charge through Tabit in the amount of the Purchase (including any gratuities, fees and taxes) to your Payment Method, as well as any credits in connection with chargebacks, reversals, refunds or adjustments. Tabit, as the agent of the Merchant, will assist the Merchant in submitting the payment transaction to the payment network and processing said payment transaction.

You must provide a valid Payment Method to pay for your Purchases made through any of the Services. You authorize the Merchant to confirm your Payment Method is in good standing with the issuing financial institution and Tabit may facilitate this on behalf of the Merchant. In order to do so, Tabit may obtain an authorization to charge your Payment Method for a payment transaction. This authorization may reduce your available funds balance by the authorization amount until the payment transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or of a charge to your Payment Method. You agree that Merchant may resubmit a payment transaction for processing to a payment network in the event a prior payment transaction was declined or returned and Tabit may facilitate this on behalf of the Merchant.

Merchants may charge you fees as well as taxes in addition to the price of your Purchase. You may also be permitted to provide a gratuity. By making a Purchase, you agree to pay all such charges, including gratuities, fees and taxes. All amounts to be charged to your Payment Method associated with your Purchase will be displayed to you before you complete your Purchase.

If you choose to store Payment Method information with Tabit via any of the Services for your convenience and use in future transactions, you agree that Tabit may receive up-to-date information on your Payment Method information (such as card number or expiration date) through Services available from the card networks and may update your Payment Method credentials stored with Tabit (if you choose to store your Payment Method credentials) from time to time.

Payments made through the Services are also subject to the terms of your agreement with your Payment Method issuer. You are solely responsible for any charges or fees that may be imposed by your Payment Method issuer as a result of using the Services.

7.2 Gift Cards

Merchants may make gift cards available for purchase, either as physical gift cards or as electronic gift cards (collectively “Merchant Gift Cards”). Tabit may provide the software to assist with gift card issuance, but the Merchant is solely responsible for Merchant Gift Card issuance and management with the exception of certain actions that may be required of Tabit by applicable law, for communicating any and all terms and conditions connected to such Merchant Gift Cards (which terms and conditions are controlled by Merchant and not by Tabit) and for compliance with applicable laws. Merchant Gift Cards are not redeemable for cash or cash advances.

7.3 Tabit Cash & Tabit Cash Bonuses

Our Services may enable you to buy, receive, or use Tabit Cash to make Purchases. Tabit Cash is not transferable, cannot be duplicated, and can only be used in accordance with these Terms and the specific terms provided by Tabit and in accordance with applicable law. Tabit Cash Bonuses may have different terms and conditions than Tabit Cash that is purchased. Tabit Cash is not cash or legal tender and is not redeemable for fiat money or credit. In addition, Tabit Cash Bonuses do not represent prepaid or stored value.

Tabit may, in its sole discretion, provide Tabit Cash Bonuses (including bonuses in the form of promotional codes) to certain individuals. In order to receive a Tabit Cash Bonus, you must have a Tabit Account. If you qualify for an offer for a Tabit Cash Bonus in the form of a promotional code, that promotional code(s) may be sent to you via email or SMS using contact information associated with your Tabit Account, or provided via the Tabit App. Tabit Cash Bonuses expire sixty (60) days from the day they are generated, or as otherwise set forth in the applicable offer. Each Tabit Cash Bonus you receive may have a different expiration period. Unless otherwise indicated in the offer, you can only use your Tabit Cash Bonus at checkout in the Tabit App and a Merchant’s Tabit powered online ordering page at participating Merchant locations. Not all Merchant locations accept Tabit Cash Bonuses. Tabit Cash Bonuses may not be reused in the event of a cancellation and/or refund unless permitted by the applicable terms.

Tabit reserves the right to withdraw, limit, modify, cancel, or terminate any aspect of Tabit Cash (including without limitation any Tabit Cash promo codes or offering and any associated terms) for any reason and at any time without notice, in Tabit’s sole discretion, without any liability to you. Tabit Cash Bonuses are void where restricted or prohibited by law. You are responsible for paying any applicable taxes related to your use of any Tabit Cash Bonuses. Tabit has no obligation for payment of any taxes in connection with the distribution or use of any Tabit Cash Bonus. Tabit Cash Bonuses may not be applied towards taxes, fees, purchases of alcoholic beverages, or other certain menu items as designated by the Merchant. Unless otherwise indicated, Tabit Cash Bonuses are single use only and cannot be combined. To the maximum extent permitted by law, any use of Tabit Cash Bonuses is final and will not be refunded or returned.

7.4 Promotional Offers

From time to time, Tabit and/or Merchants may create and make available promotional offers, including but not limited to promotional codes, discounts, or other incentives (“Promotional Offers”) within the Services. Promotional Offers may be funded, administered, or fulfilled by Tabit, a Merchant, or both. Each Promotional Offer will be subject to its own terms and conditions as specified in connection with the applicable Promotional Offer, which may include eligibility requirements, redemption instructions, expiration dates and any other applicable limitations or exclusions. Promotional Offers may be subject to eligibility and availability. Tabit reserves the right to modify, suspend, or terminate any Promotional Offer at any time without notice, except as required by law.

Promotional Offers in the form of promotional codes must be entered at checkout or as otherwise instructed. Promotional Offers are void where restricted or prohibited by law. Promotional Offers may not be applied towards taxes, fees, purchases of Age-Restricted Items, or other certain menu items as designated in the relevant additional terms. Unless otherwise indicated, Promotional Offers are single use only and cannot be combined. To the maximum extent permitted by law, any use of Promotional Offers is final and will not be refunded or returned. Abuse of any Promotional Offer or violation of the relevant additional terms may result in disqualification from participating and/or suspension of your Tabit Account.

8. Tabit Powered Rewards & Loyalty Programs

8.1 Tabit Powered Loyalty

Tabit provides technology services that enable Merchants to offer you loyalty and/or rewards programs (“Tabit Powered Loyalty”). You may enroll in a Merchant’s Tabit Powered Loyalty program by signing up for it at the Merchant location, while placing an order online, or on other surfaces provided by Tabit, subject to Merchant terms and conditions. Tabit Powered Loyalty programs may be based on spend, visit, transaction frequency, or any other manners of engagement, at the Merchant’s discretion.

When you enroll in a Merchant’s Tabit Powered Loyalty program, your Payment Method may be linked to your loyalty account. If you pay with a different Payment Method and identify yourself as a loyalty member with a Merchant, the additional Payment Method may be associated with your loyalty account in the future. You can remove linked Payment Methods by clicking the link you receive when you sign up for a Merchant’s Tabit Powered Loyalty program or through the Merchant’s online loyalty lookup page. Additionally, loyalty transactions may be associated with your Tabit Account, if applicable.

If you choose to enroll in a Merchant’s Tabit Powered Loyalty program, the Merchant may contact you using the contact method(s) you provide with program information and other communications related to the program.

8.2 Merchant Terms and Conditions

The Merchant may have its own terms that apply to its loyalty programs, including Tabit Powered Loyalty. Such terms are not controlled by Tabit and are solely between you and the Merchant. Tabit does not assume any responsibility or liability for any Merchant loyalty programs. The Merchant is solely responsible for communicating program-related changes to you.

8.3 Points & Redemption

You may collect points when you make Purchases from that Merchant, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the Purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for a Merchant’s Tabit Powered Loyalty program, or through the Merchant’s online loyalty lookup page. Points collected through any Tabit Powered Loyalty program have no cash value and cannot be transferred, redeemed, sold, or exchanged for cash. In the event Tabit suspends, terminates or cancel the technology services that enable Tabit Powered Loyalty, Tabit will, in accordance with applicable law, maintain records of your loyalty points in accordance with our data retention policies following said suspension, termination or cancellation and may assist Merchants to honor loyalty points to the extent required by applicable law.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER ITEMS (INCLUDING THIRD-PARTY CONTENT) PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT GUARANTEES WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TABIT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUALITY.

TABIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICES IS ACCURATE, COMPLETE, TIMELY OR RELIABLE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TABIT SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

ANY RELIANCE ON INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING THIRD-PARTY CONTENT, ALLERGEN, NUTRITIONAL, OR PRODUCT INFORMATION, IS AT YOUR OWN RISK. TABIT MAY RELY ON MERCHANTS FOR SUCH INFORMATION AND DOES NOT GUARANTEE ITS ACCURACY OR COMPLETENESS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TABIT OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TABIT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY REGARDING ANY MERCHANT’S LICENSES, PERMITS, COMPLIANCE WITH LAW, OR THE QUALITY, SAFETY, OR ACCURACY OF ANY PRODUCTS OR SERVICES PROVIDED BY MERCHANTS. TABIT IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, YOUR INTERACTIONS WITH MERCHANTS.

9.2 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT WILL TABIT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES, EVEN IF TABIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY TABIT’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES.

TABIT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE FORM OF ACTION OR WHETHER THE DAMAGES ARISE FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES.

FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITING THE FOREGOING, TABIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT, AND THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM OR RELATED TO USER CONTENT.

YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND TABIT AND THAT, IN THE ABSENCE OF SUCH LIMITATIONS, THE OTHER TERMS SET FORTH IN THE AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

10. Indemnification

10.1 Indemnity Obligations

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Tabit, its affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, fines and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these Terms or misuse of the Services; (c) your violation of any third-party right, including but not limited to any intellectual property, property, or privacy right; (d) any claim that your User Content caused damage to a third party; or (e) your violation of any applicable law or regulation. Nothing in this provision requires you to indemnify Tabit for any unconscionable commercial practice by an indemnified party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Services.

10.2 Tabit’s Right to Defense

To the fullest extent permitted by law, Tabit reserves the right, at your expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you under this section, and you agree to cooperate with Tabit’s defense of these claims.

11. Communications

11.1 General

By using the Services and providing your email address and/or mobile phone number you consent to receive transactional text (SMS) messages and transactional email messages from Tabit and the Merchants with whom you transact. Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, order updates, support-related messages and notifications regarding updates to your Tabit Account.

Additionally, by using the Services and providing your email address, you consent to receive marketing communications from Tabit, Loopaible AI Marketing LLC, and Merchants with whom you transact using the email address associated with your Transaction, subject to applicable law. You may opt out of receiving marketing or promotional email communications from Tabit, Loopaible AI Marketing LLC, or a Merchant at any time by following the unsubscribe instructions included in such emails. For more information about how Tabit collects, uses, and shares your personal information, please refer to our Privacy Statement.

11.2 Communications from Tabit

You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that we provide in connection with your Tabit Account and the Services. We may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via the Tabit App or our website.

It is your responsibility to keep your contact details accurate and up to date so that Tabit can communicate with you. You can make changes to the contact details associated with your Tabit Account by logging in on any Tabit Merchant’s Tabit powered online ordering page or within the Tabit App.

All communications sent in electronic format will be considered to be in writing. Communications will be deemed received by you when they are: posted through the Services and we have provided you with notice of such posting where required by law, or sent to you via email or SMS to the contact information you have provided.

By voluntarily providing your mobile phone number to Tabit or through any Services, you confirm you are authorized to provide that number to Tabit and agree that Tabit may contact you at that number. If you provide a mobile number, you expressly agree that Tabit may contact you using automated telephone call, SMS or MMS messages at that phone number, and you hereby agree to receiving such communications for transactional, informational and operational purposes.

Your agreement to receive electronic Communications is valid until and unless you revoke it. You may opt out at any time. However, agreement to electronic Communications is a condition of some of our Services and, if you revoke it, you will no longer be able to use said Services.

11.3 Electronic Communications From Merchants

Merchants control and are responsible for the content in all Merchant communications, which shall be deemed Third-Party Content, and Tabit does not take any responsibility or accepts any liability in connection therewith. Merchants are also responsible for ensuring that Merchant communications are only sent where legally required consent has been obtained and Tabit does not take any responsibility or accept any liability in connection therewith.

Marketing SMS: Merchants that you transact with may also send you marketing and promotional communications, and valid consent will be obtained where required. Such communications may be from the Merchant you transacted with and/or from other businesses within that Merchant’s restaurant group. Your consent to receive marketing SMS messages is not a condition of purchase.

Short-Code SMS: Certain Tabit Services allow Tabit Merchants to utilize certain short code numbers for communications. When you provide your phone number through the signup flow for these Tabit Services, you are opting-in to receive text messages that may come from different SMS short code numbers, which code(s) may change from time-to-time without prior notice (the “SMS Short-Code”). When you opt in for these programs you will receive a text message to confirm your signup for notifications related to the applicable Tabit Services. If you no longer wish to receive these text messages, text “STOP” to the SMS Short-Code. After you send the message “STOP”, you will receive a reply message confirming that you have been unsubscribed. Please note that by replying “STOP,” you will be unsubscribed from receiving text messages for all of the Tabit Services using the SMS Short Code. If you would like to re-subscribe to receive notifications for any of the relevant Tabit Services, you can text or reply to the SMS Short-code with the word “Start”.

11.4 Opt-Out & Unsubscribe Procedures

Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates may apply. Message frequency varies. Text HELP at any time for help. You may opt-out of text messages by replying STOP. You may have to separately opt-out of notifications related to a specific Tabit Services. You acknowledge and agree that you may continue to receive text messages for a short time while your opt-out request is processed. If you opt out of marketing text messages from a single Tabit Merchant you will only be opted out of marketing messages from that Merchant. You acknowledge that opting out or unsubscribing from receiving communications may impact your use.

12. Dispute Resolution & Arbitration

12.1 Arbitration Agreement

BY AGREEING TO THESE TERMS, YOU AND TABIT EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, INCLUDING A CLASS ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

This Section is referred to as the Arbitration Agreement. Except where prohibited by applicable law, you agree that any and all disputes or claims, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that have arisen or may arise between you and Tabit, whether arising out of or relating to these Terms or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify under the AAA Rules (as defined below) and under applicable law. You agree that, by agreeing to these Terms, you and Tabit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.

12.2 Prohibition of Class and Representative Actions

You and Tabit agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding in court or in arbitration. Unless both you and Tabit agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

12.3 Dispute Resolution Procedures

If a dispute arises, a party who intends to seek arbitration must first send to the other, by certified mail or nationally recognized overnight courier, a written notice of dispute (“Notice”).

The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and Tabit do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Tabit may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tabit or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tabit is entitled.

12.4 Arbitration Procedures

Arbitration will be conducted by a single, neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be vacated or modified only on the limited grounds set forth in the Federal Arbitration Act. Unless you and Tabit agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances, which may include a virtual venue for arbitration. If the parties are unable to agree on a location, the determination shall be made by the AAA. To the extent described in the AAA Rules, a claim or dispute may be conducted solely on the basis of documents submitted to the arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a brief but reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

12.5 Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you are an individual consumer, then your individual filing fee will be capped at $50, and Tabit will pay the remainder of the filing fee, unless the arbitrator determines your claims are frivolous. Any payment of attorneys’ fees will be governed by the AAA Rules.

12.6 Confidentiality

Except as may be required by law or as necessary to enforce or challenge the arbitration award in court, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential and may not be disclosed by either party without the prior written consent of the other party.

13. Miscellaneous

13.1 Governing Law

Any action, claim, or dispute related to these Terms will be governed by the laws of the applicable jurisdiction, excluding its conflicts of law provisions, and controlling U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transactions Act will not apply to these Terms.

13.2 Assignment

Tabit may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without Tabit’s prior written consent. Any attempted assignment in violation of this section shall be null and void. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

13.3 Severability

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

13.4 Waiver

Failure of Tabit to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against Tabit unless made in writing and no such waiver will be construed as a waiver in any other or subsequent instance.

13.5 Force Majeure

Tabit will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions, power failures and Internet disturbances.

13.6 Entire Agreement & Section Headings

Except as expressly agreed by Tabit and you, these Terms constitute the entire agreement between you and Tabit with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Tabit with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import.

13.7 Survival

The following sections shall survive termination of these Terms or your use of the Services: Limitation of Liability, Indemnification, User Content and Feedback, Arbitration and Dispute Resolution, Assignment, and any other provisions which by their nature are intended to survive termination.

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Official hospitality brand of real Miami.
Est. 2010.