1. Definitions and Descriptions. The following definitions and descriptions shall be used herein. The DinerIQ service / PayMyTab app. shall be referred to as the “Service” or the “App”. You, the Merchant user/viewer, shall be referred to as “Merchant” or “You”. We, PayMyTab, LLC shall be referred to as the “Company” or “We” or “Us”. These Terms of Use for Merchants shall be referred to as the “Terms” or the “Agreement”. Trademarks, logos, service marks, and other intellectual property shall be referred to as the “IP”.
  2. Requirements for Use; Appropriate Use. By use of this Service, You are agreeing to these Terms. Future use of the Service would be subject to the Terms in effect at that time. Barring some other formally and specifically executed agreement between You and Us, these Terms govern the entire relationship between us. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THIS SERVICE AND LICENSE FOR USE IS NOT GRANTED. Unauthorized or improper use of the IP or Service may give rise to a claim for damages and/or be a criminal offense. Should You take any actions which damage the Service or endanger the safe, efficient, and fair use of the Service by others, you will be liable for damages to Us and agree to indemnify Us and hold Us harmless for any claims, damages, or other liabilities incurred by us due to your actions or inactions.
  3. Further Confirmation of Use and of Transactions via the Service. You agree that any process which the Service uses to have You further confirm your agreement to these Terms or to indicate or confirm your consent to a transaction will be a full and knowing consent by You which serves as the equivalent of a legally binding consensual signature by You.
  4. Updates and Revisions to These Terms. These Terms are subject to change without notice; You agree to be bound by the Terms in effect at the relevant time.
  5. As-Is Service; Third Party Components; Availability. No guarantee, warranty, or promise is made or offered in relation to the availability of the Service, the accuracy of the Service, or the reliability of the Service, which is “as-is” in relation to its usage. There will be times when the Service may be unavailable, and if that is the case, You will be responsible for making other arrangements to fulfill any obligations to third parties. Although We would never knowingly allow a “virus” or other problematic process to infiltrate the Service, the risk of the same is inherent in the use of certain online / electronic services, including this Service. The waiver You have agreed to herein covers such events and related damages.

    You understand that the Service may integrate or work along with third party products, software, services, applications, etc. which We have no control over. In order to use the Service, you must agree to any terms of service / use put forth by those third parties. You waive any claims against Us in relation to actions or inactions by such third parties.
  6. Access to Your Sales System and Related Data and Use of Same. You agree to provide Us, at no cost to Us: (a) access to your sales systems such that We can incorporate the Service into your process; (b) access to customer information, including payment information; (c) access to sales data; (d) the use of the type of information described in this paragraph for our purposes.
  7. Scope of License.
  8. Intellectual Property Rights and Usage. The IP displayed or used via the Service is the property of the Company and perhaps of other parties. You are prohibited from using the IP for any purpose without the written permission of Company or such third party which may own the IP. All information and content provided or shown via the Service is protected and proprietary. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available via the Service for commercial or public purposes. Your use of the Service does not create any rights Companies’ intellectual property or other proprietary information or creations. You shall take no steps in attempting to reverse engineer the Service and shall not allow third parties to do so.

    You hereby authorize us to use your name(s), images, information, graphics, trademarks, servicemarks, logos, and similar items in our promotional, marketing, and informational efforts, subject to any reasonable restrictions You provide to us in writing regarding the same. We hereby provide you with the same reciprocal authorization. Both You and We can revoke these authorizations at any time by way of clear written communication received by the other Party.
  9. Service Updates, Revisions, and Revocation of Usage / License. The Service is subject to change, update, or even discontinuation without notice. You consent to the same and understand and agree that the same may impact your use of the Service.

    We reserve the exclusive right to terminate your account or otherwise prevent or restrict your use of the Service for any reason. Should We revoke your use of the Service, or should We otherwise request it, You will return to us any and all copies of information relevant to the Service, or destroy the same if We request. However, You shall be permitted to retain information and items which are not proprietary to Us and which You: (a) are required to keep in order to fulfill some legal or regulatory duty; or (b) You must keep in order to properly run your business. Any such information or items retained by You will remain subject to the confidentiality provisions of this Agreement.
  10. Support & Maintenance. Any support, maintenance, improvement, or repair of the Service by Us shall be completely within our own discretion and is not owed to You. Further, any provision of support, maintenance, improvement, or repair of the Service by Us does not create or imply any obligation for any such activity in the future.
  11. Account Protection and Information. You are solely responsible for maintaining and controlling usernames, passwords, and similar information related to your account(s), and are solely responsible for activities which occur via your account. You agree to immediately provide Us any and all updated information relevant to You and your account. Should you know or suspect your account to be compromised, it is incumbent upon You to take any protective or remedial actions. You understand and agree that We have no duty to maintain data regarding your account, your use of the Services, or other information related to You. You will provide Us with all relevant and reasonable information We request from You related to use of the Service.
  12. Non-Exclusivity. You understand and agree that We may have an independent formal or informal relationship with other persons and entities, including other merchants.
  13. Use of Data Collected. You consent to us collecting data related to your use of the Service and your customers’ use of the Service, such as but not limited to where and how the Service was used, how much was paid, and similar information. You further consent to us sharing that data with third parties.
  14. Confidentiality. You recognize that the Service is the proprietary and confidential property of the Company. Accordingly, You shall not, without the prior express written consent of the Company, disclose or reveal to any third party or utilize for your own benefit other than pursuant to this Agreement, any confidential information provided by Us or obtained by You concerning the Service, trade secrets, specifications or other proprietary information provided that such information was not previously known to You or disclosed to the general public. You further agree to take all reasonable precautions to preserve the confidentiality of the Service or other information and shall ensure that your employees, agents, and sub-contractors similarly protect the confidentiality of this information as set forth herein. The provisions of this clause shall survive termination or other cessation of use of the Service.
  15. Disclaimer as to Use by You and Third Parties and Consequences of Same. We shall have no responsibility for or liability for any consequences incurred by your use or application of the Service, whether that application or use is appropriate or inappropriate.
  16. Taxes, Fees, Other Financial Obligations You are solely responsible for any charges, fees, or costs which may be claimed, incurred, charged, owed, or paid in relation to your use of the Services. This includes, but it not limited to, any taxes claimed or owed in relation to your use of the Service or in relation to the transactions that the Service facilitates. You will accurately, fairly, and legally transact with any and all persons or entities with whom you are interacting or transacting via the Service.
  17. Non-Employment. You shall not employ any employee of ours during your use of the Service and for one (1) year following your cessation of Service usage.
  18. Nature of Relationship. Your use of the Service does not create any type of Company duty or responsibility to You or to any other persons or entities. This Agreement does not create a joint venture, partnership, or employee-employer relationship. The Parties have no rights as to each other than those set forth in this Agreement and any which are inalienable by law.
  19. Verification of Compliance with these Terms. You shall provide Us reasonable access to your sales system and any other information necessary for us to verify your compliance with these Terms.
  20. Legal Disputes; Applicable Law; Jurisdiction; Venue. Should any dispute arise from or related to these Terms or the Service, the laws of the State of Florida shall apply, and any legal or quasi-legal claims must be brought, and only brought, in state court in Broward County, Florida. You hereby stipulate to said jurisdiction and venue and waive any objections to the same. In case of any dispute or claim which results in costs and/or fees, including attorneys’ fees, each party shall be responsible for its own costs and fees. Any claim or legal action must be brought by you in your capacity as an individual party and not as a plaintiff or class member in a class action suit.
  21. Remedies and Reliefs. In addition to any legal relief or equitable relief, We may seek and obtain injunctive relief without any type of bond, and You so agree and waive any right to seek enforcement of any bond requirement or option.
  22. Binding on Successors. These Terms shall be binding on Your heirs, administrators, successors, and assigns. The benefits and rights provided by these Terms shall inure to Company’s heirs, administrators, successors, and assigns.
  23. No Third Party or Non-Party Rights. Neither this Agreement or your use of the Service creates any rights for third parties or non-parties.
  24. Entire Agreement. These Terms constitute the entire agreement between the Parties relating to the subject matter hereof. The Parties shall not be bound by or liable for any statement, writing, representation, promise, inducement or understanding not set forth herein.
  25. Limitation on Liability. You use the Service entirely at your own risk, and You waive any claims and actions against the Company and any and all persons and entities responsible for the existence and provision of this Service. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. Should We be found by a legal body with appropriate authority to be liable to You, you agree that the maximum in damages that We shall be liable for is the amount you have paid Us in the last 12 months.

    You understand and agree that We are not responsible for the actions or inactions of any other persons or entities, including but not limited to: banks and other financial institutions; customers or patrons; credit card and debit card providers and processors; other users of the Service; providers of mobile devices and mobile device services; mobile application stores and mobile application providers; social media platforms or providers; advertisers; coupon providers; and other providers of applications and services. By way of specific examples, but not by way of limitation, We have no responsibility for the actions or decisions of a consumer in relation to paying a bill; We have no responsibility for how a credit card company may respond to use of a credit card for bill payment; and We have no responsibility or involvement with refunds.

    You understand and agree that We have no duties in relation to any disputes you may have with a customer, patron, vendor, or other third party.
  26. Indemnification. You will defend, indemnify, and hold Company, its affiliates, and its respective successors, directors, officers, employees, and agents (each an “Indemnified Party”) harmless from and against all third-party claims, actions, demands, proceedings, damages, costs and liabilities of any kind ("Claims") to the extent that such Claims arise out of or relate to the subject matter of this Agreement and/or your or your customer’s use of the Service.
  27. No Strict Construction. You will not assert that any ambiguities in these Terms or their application should be resolved against Us because You did not draft these Terms.
  28. Headings. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
  29. Waivers. No waiver by Us regarding of any breach of these Terms shall be deemed as a waiver of any prior or subsequent breach of the same or other provisions of this Agreement.
  30. Modification by Court; Severability. If any of the provisions of these Terms shall be unenforceable, the Court shall have the right to amend said provision to allow the spirit of it to be enforced. Even if there are provisions which remain unenforceable, these Terms shall be otherwise enforced in full.
  31. Representations and Warranties. You warrant and represent as follows:
    1. You will not use the Service for any unlawful or inappropriate purpose, or for any reason other than the purpose of the Service. You will only use the Service in accordance with these Terms.
    2. You are a properly formed legal business entity in good standing with the applicable local, state, and federal agencies.
    3. You will follow appropriate procedures and, at a minimum, follow accepted legal and industry standards applicable to the financial transactions the Service facilitates. If You have doubts as to the legitimacy of a transaction, including but not limited to whether the customer / payor has the right to use the card or account at issue, You shall not use the Service for that transaction.
    4. You agree that any information you provide to us will be accurate and complete. And not misleading.
    5. You agree that if you make any statements about Us or the Service, they will be accurate and not misleading.
  32. Notices. No notice or legal service by You to Us is effective unless delivered to the address below by a reliable commercial carrier, return receipt required, and also served upon the Company’s Registered Agent. You may contact us for other purposes as set forth below.

PayMyTab, LLC
156 2nd Street
San Francisco, CA 94105