The following definitions and descriptions shall be used herein. This site / application / service shall be referred to as the “Service”. You, the user/viewer, shall be referred to as “User” or “You”. We, DinerIQ, Inc. shall be referred to as the “Company” or “We” or “Us”. These Terms of Use and Service shall be referred to as the “Terms”. Trademarks, logos, service marks, and other intellectual property shall be referred to as the “IP”.

By use of this Service, You are agreeing to these Terms. 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.

  1. You will not use the Service for any unlawful or inappropriate purpose, or for any reason other than the purpose of the Service.
  2. 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. 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.
  3. Your use of the Service does not create any type of Company duty or responsibility to You or to any other persons or entities.
  4. You are of sufficient age such that you have the legal ability to engage in binding financial and legal transactions.
  5. You agree that any process which the Service uses to have You indicate or confirm your consent to a transaction, such as but not limited to payment for food and services at a restaurant, will be a full and knowing consent by You which serves as the equivalent of a signature by You.
  6. You will, as needed and as requested, provide proof of: identification; age; the right to transact; address; account ownership; ownership and status of credit card(s) and/or debit card(s); and transactions engaged in.
  7. You understand and agree that We may have an independent formal or informal relationship with commercial establishments such as restaurants and bars.
  8. 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; restaurants, bars, and similar; 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 of a restaurant which may automatically add gratuity to your bill; We have no responsibility for how a credit card company may respond to your use of a credit card for bill payment; and We have no responsibility or involvement with refunds.
  9. You understand and agree that We have no duties to You in relation to any disputes you may have with a vendor, establishment, or other third party.
  10. You consent to us collecting data related to your use of the Service, such as but not limited to where You were when You used the Service and how much You paid. You consent to us sharing that data, including the details, with the establishment you used the Service to pay; if that establishment is part of a franchise or business subsidiary, we may share the details with the franchisor or business parent. You further consent to us sharing that data, anonymously, with third parties.
  11. 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.
  12. You are solely responsible for maintaining and controlling usernames, passwords, and similar information related to your accounts, and are solely responsible for activities which occur via your account. Should you know or suspect your account to be compromised, it is incumbent upon You to take any protective or remedial actions.
  13. You are only allowed one account with the Service. The use of multiple accounts will result in Us, if we so choose, terminating all of your accounts and permanently or temporarily preventing you from using the Service.
  14. 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.
  15. 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, including but not limited to use of “data” networks and other methods of access to the Services.
  16. The IP displayed or used 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.
  17. Unauthorized or improper use of the IP or Service may give rise to a claim for damages and/or be a criminal offense.
  18. We reserve the exclusive right to terminate your account or otherwise prevent or restrict your use of the Service for any reason.
  19. 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.
  20. 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.
  21. You may be able to post or upload photos, videos, comments, or other content or data via the Service. If you do so, You are solely responsible for that content or data. You understand and agree that We may edit, remove, or otherwise take actions with regard to any such content or data. You warrant that any such content or data will: (a) not infringe on any intellectual property or other similar rights; (b) not be defamatory; (c) be appropriate for viewing by persons of all ages, including not using profanity; (d) not contain any material which is insulting, hateful, or discriminatory; and (e) not be misleading or inaccurate.
  22. You agree to immediately provide Us any and all updated information relevant to You and your account.
  23. You agree that if you make any statements about Us or the Service, they will be accurate and not misleading.
  24. 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.
  25. 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.
  26. 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.
  27. 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.
  28. 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.
  29. 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.
  30. These Terms are subject to change or even termination without notice.
  31. You should also be aware of our Privacy Policy, which can be found at www.paymytab.com/privacy.
  32. Should you need to contact us, you may do so as set forth below:

DinerIQ, Inc.
156 2nd Street
San Francisco, CA 94105