Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Beltra Industries LLC (DBA "TAB POS") ("TAB POS," "we," "us," or "our") governing your access to and use of the TAB POS platform, including all software, applications, websites, APIs, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

These Terms apply to:

• Customers: Restaurant owners, operators, and administrators who subscribe to TAB POS ("Tenants")
• Staff: Restaurant employees (servers, managers, cooks, hosts) authorized by Tenants
• Guests: End-users of the public waitlist portal (consumers joining restaurant waitlists)

Age Requirement: You must be at least 18 years old to create an account or use Services on behalf of a business. Guests under 18 may use the waitlist portal with parental/guardian consent.

3.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit harmful, fraudulent, or illegal content
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services
• Scrape, spider, or use automated tools to extract data without authorization
• Circumvent rate limits, authentication, or security measures
• Interfere with or disrupt the integrity, performance, or availability of the Services
• Access another Tenant's data or impersonate another user
• Use the Services to send spam, unsolicited messages, or violate anti-spam laws
• Upload viruses, malware, or malicious code

3.2 Geofencing & Waitlist Expectations

For Guests using the waitlist portal: By joining a waitlist, you agree to remain within the configured geofence radius (typically 500 meters / 1,640 feet) of the restaurant. Leaving the geofenced area may result in:

• Loss of your position in the queue
• Automatic status change to "no-show" or "cancelled"
• Notification to restaurant staff that you have left the area

Location Accuracy Disclaimer: Geofencing relies on device GPS and browser Geolocation API, which may have accuracy limitations. We are not responsible for false positives/negatives due to technical limitations.

Estimated Wait Times: Wait time estimates are approximations based on historical data and current queue length. Actual wait times may vary due to kitchen capacity, party size, table availability, and other factors beyond our control.

3.3 Multi-Tenant Data Isolation

TAB POS operates a multi-tenant architecture where each restaurant (Tenant) has isolated data. You agree that:

• Tenants may only access data for their own restaurant(s)
• Staff may only access data for restaurants they are explicitly assigned to
• Guests may only view their own waitlist status
• Any attempt to access cross-tenant data is strictly prohibited and may result in immediate termination

4.1 SMS Consent

By providing your mobile phone number on the waitlist form and submitting your information, you expressly consent to receive automated transactional SMS text messages from TAB POS and the restaurant regarding your waitlist status.

Consent is not a condition of using the waitlist service. You may decline to provide a phone number and still join the waitlist; however, you will not receive SMS notifications and must monitor your status via the web portal.

4.2 Message Types & Frequency

You may receive the following types of messages:

• Waitlist Confirmation: Sent immediately upon joining the waitlist, includes your position and estimated wait time
• Position Updates: Sent when your position changes significantly or upon request
• Table Ready Notification: Sent when your table is ready, with instructions to report to the host stand

Frequency: Typically 1-3 messages per waitlist session. Message frequency varies based on queue dynamics.

Message & Data Rates May Apply: Standard carrier messaging and data rates apply. Contact your mobile carrier for pricing details. TAB POS is not responsible for carrier charges.

4.3 STOP, HELP, START Commands

Important - Multi-Tenant STOP Behavior: TAB POS uses a single verified Toll-Free number to serve multiple restaurants. When you reply STOP, you will be unsubscribed from ALL SMS notifications from ANYrestaurant using our platform. If you wish to opt out from only one specific restaurant while remaining subscribed to others, please contact that restaurant directly or manage your waitlist via the web portal status URL.

Future Improvement: We are actively working on implementing per-restaurant opt-out functionality to allow granular control over SMS preferences. This enhancement will enable you to manage notifications from individual restaurants independently. This feature is planned for a future release.

4.4 Supported Carriers

SMS notifications are supported on major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. For questions about carrier compatibility, contact support@tab-pos.com.

5.1 Account Registration (Customers/Tenants)

To use POS Services, Customers must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Safeguard your account credentials (employee numbers, passwords, admin PINs)
• Notify us immediately of any unauthorized access or security breach

You are responsible for all activity under your account, including actions by Staff members you authorize.

5.2 Staff Logins & Role-Based Access

Customers may create Staff accounts with role-based permissions (server, host, cook, manager, admin). You agree to:

• Assign roles according to actual job functions and least-privilege principles
• Revoke access immediately when Staff members are terminated or change roles
• Monitor Staff activity via audit logs for compliance and security
• Ensure Staff comply with these Terms and your internal policies

5.3 Device Security (Electron Apps)

For desktop POS applications (Electron-based), you agree to:

• Install software only on authorized devices
• Keep devices physically secure (lock screens when unattended)
• Install updates and security patches promptly
• Use antivirus/anti-malware software on all POS devices
• Report lost or stolen devices immediately

5.4 Administrator Responsibilities

Customers with admin access agree to:

• Protect admin credentials and enable multi-factor authentication (if available)
• Review audit logs regularly for suspicious activity
• Configure geofence, pricing, menu, and floor plan settings accurately
• Comply with payment processing, tax, and labor law requirements

6.1 Payment Processing (Guest Payments)

TAB POS integrates with Stripe for payment processing. When Guests or Customers process payments through the Services:

• Merchant of Record: The restaurant (Tenant) is the merchant of record, not TAB POS
• Payment Data: Card data is processed directly by Stripe (PCI-DSS Level 1 Service Provider). TAB POS only stores tokenized payment intent IDs, never raw card numbers or CVV codes
• Refunds & Chargebacks: Tenants are responsible for handling refunds, disputes, and chargebacks with customers. TAB POS facilitates the process but is not a party to the transaction
• Stripe Terms: Your use of payment processing is also subject to Stripe's Terms of Service and Privacy Policy

6.2 Subscription Fees (TAB POS Services)

Customers pay subscription fees for access to TAB POS Services as outlined in your subscription plan. You agree to:

• Pay all fees on time according to the billing cycle (monthly, annual, etc.)
• Provide valid payment method information (credit card, ACH, etc.)
• Authorize automatic recurring charges unless you cancel your subscription
• Pay any late fees, interest, or collection costs if payments are overdue

Free Trial / Pilot Programs: If offered a free trial, fees begin after the trial period ends unless you cancel before that date.

Taxes: Fees are exclusive of taxes. You are responsible for any sales tax, VAT, GST, or other taxes imposed on your subscription.

6.3 Refund Policy

Subscription Fees: Fees are non-refundable except as required by law or as expressly stated in your subscription agreement. If you cancel mid-cycle, you retain access until the end of the current billing period.

Guest Payments: Refunds for restaurant orders/payments are handled directly between the Guest and the restaurant. Contact the restaurant for refund requests.

7.1 Service Uptime

We strive to provide reliable Services, but we do not guarantee uninterrupted availability. The Services may be subject to:

• Scheduled maintenance (announced in advance when possible)
• Unscheduled downtime due to technical issues, outages, or force majeure events
• Rate limiting or throttling to prevent abuse

No SLA: Unless expressly agreed in a separate Service Level Agreement (SLA) for Enterprise customers, we do not guarantee specific uptime percentages.

7.2 Beta Features

We may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "AS IS" without warranties and may:

• Contain bugs or be incomplete
• Be modified or discontinued without notice
• Not be covered by support SLAs

Use Beta Features at your own risk. Do not rely on them for production-critical operations.

7.3 Changes to Services

We reserve the right to modify, suspend, or discontinue any feature or Service at any time, with or without notice. We will make reasonable efforts to notify Customers of material changes affecting paid features.

8.1 TAB POS Ownership

TAB POS and its licensors own all rights, title, and interest in and to the Services, including:

• Software code, algorithms, user interfaces, and design
• Trademarks, logos, and branding ("TAB POS," "TAB," logos)
• Documentation, training materials, and help content
• Aggregated/anonymized data derived from platform usage

License Grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes (Customers/Staff) or personal use (Guests).

8.2 Customer/Tenant Data Ownership

You retain all ownership rights in your Tenant Data and Guest Data. By using the Services, you grant TAB POS a limited license to:

• Host, store, process, and transmit your data to operate the Services
• Create aggregated/anonymized analytics (no personally identifiable information)
• Use feedback, suggestions, or feature requests to improve the Services (without compensation)

You represent and warrant that you have all necessary rights to upload and process Tenant Data via the Services,including third-party content (menu photos, logos, etc.).

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the software
• Remove or obscure copyright, trademark, or proprietary notices
• Rent, lease, sell, sublicense, or transfer access to the Services
• Use the Services to build a competing product

9.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

9.2 Data Processing Addendum (DPA)

For Tenant Data (customer orders, staff info, etc.), TAB POS acts as a processor on behalf of the restaurant (the "controller"). Enterprise Customers may request a formal Data Processing Addendum (DPA) that addresses:

• Processing instructions and scope
• Sub-processor authorization and notification
• Data subject rights assistance
• Security obligations and breach notification
• Data deletion upon termination
• GDPR/CCPA compliance requirements

Contact support@tab-pos.com to request a DPA.

9.3 Data Export & Portability

Customers may export their Tenant Data at any time via the manager portal (CSV, JSON formats). Upon account termination, you have 30 days to export data before it is permanently deleted.

The Services integrate with third-party providers ("Sub-processors") including:

• Twilio: SMS messaging and delivery
• Supabase: Database hosting and authentication
• Vercel: Application hosting and CDN
• Stripe: Payment processing (subject to Stripe's terms)

No Warranties for Third Parties: We do not control third-party services and are not responsible for their availability, accuracy, security, or compliance. Your use of third-party services may be subject to separate terms and privacy policies.

Outages: If a third-party service experiences an outage (e.g., Twilio SMS down, Stripe payment processing unavailable), we will make reasonable efforts to restore functionality but are not liable for resulting losses.

Beta Features: Beta, preview, or experimental features are provided without any warranties whatsoever.

Third-Party Integrations: We disclaim all warranties for third-party services, content, or links.

Essential Purpose: The limitations of liability reflect the allocation of risk between you and TAB POS. The Services would not be provided without these limitations.

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless TAB POS, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Violation of these Terms or applicable laws
• Violation of third-party rights (intellectual property, privacy, publicity, etc.)
• Tenant Data or Guest Data you upload, transmit, or process via the Services
• Actions by your Staff members or authorized users
• Disputes between you and Guests, customers, or employees
• Food safety, labor law, or regulatory violations (restaurant operations are your responsibility)

Procedure: We will notify you of any claim and cooperate with your defense. You may not settle any claim without our prior written consent if it imposes obligations on TAB POS.

14.1 Termination by You

Customers: You may terminate your subscription at any time via the account settings or by contacting support@tab-pos.com. Termination takes effect at the end of your current billing cycle. No refunds for partial months.

Guests: You may leave the waitlist at any time via the status URL. Your data will be retained as outlined in the Privacy Policy.

14.2 Termination by TAB POS

We may suspend or terminate your access to the Services immediately, without notice, if:

• You breach these Terms (e.g., prohibited use, non-payment, security violations)
• Your account is used for fraudulent, illegal, or abusive activity
• We are required to do so by law or court order
• We discontinue the Services entirely (with reasonable notice)

Effect of Suspension: During suspension, you cannot access the Services, but fees continue to accrue.

14.3 Data Export Upon Termination

Upon termination, you have 30 days to export your Tenant Data via the manager portal. After 30 days, we may permanently delete your data. We are not obligated to retain or return data after this period.

Post-Termination Obligations: Sections of these Terms that by their nature should survive termination (IP ownership, disclaimers, limitation of liability, indemnification, governing law) will continue to apply.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

Venue: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Escambia County, Florida [PLACEHOLDER - confirm jurisdiction]. You consent to personal jurisdiction in these courts.

15.2 Arbitration (Optional)

[PLACEHOLDER - Arbitration Clause: If you wish to include binding arbitration for dispute resolution, insert clause here. Example: "Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Escambia County, Florida. The arbitrator's decision shall be final and binding."]

Alternatively, you may omit arbitration and rely on court jurisdiction only.

15.3 Class Action Waiver

YOU AND TAB POS AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.4 Time Limit for Claims

Any claim or cause of action arising out of or related to the Services must be filed within one (1) year after the claim arose, or it is permanently barred.

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices.

Notification: If we make material changes that significantly impact your rights, we will notify you by:

• Email to your registered address (at least 30 days before changes take effect)
• Prominent notice on www.tab-pos.com
• In-app notification for POS/mobile users

Acceptance: Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and terminate your account.

Version History: The "Effective Date" and "Version" at the top indicate the latest update. Previous versions available upon request at support@tab-pos.com.

For questions about these Terms, please contact us: