Terms of Use

Agreement to these terms

By creating an account, accessing, or using Smart Dining websites or software (the “Services”), you agree to these Terms of Use and our Privacy Policy. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

If you do not agree, do not use the Services.

Definitions

• “Restaurant Partner” means a restaurant or other business that subscribes to or is authorized to use the Services.
• “End Guest” means a diner or other individual who interacts with a Restaurant Partner through channels powered by Smart Dining.
• “Content” means text, graphics, menus, photos, data, and other materials you or your users submit to the Services.

The Services

Smart Dining provides cloud software and related tools for reservations, waitlists, ordering, guest profiles, marketing automation, analytics, staff workflows, and integrations with third-party systems such as payment processors or POS platforms. Features vary by plan and configuration.

We may modify, suspend, or discontinue features with reasonable notice where practicable. We are not responsible for third-party products or services you choose to connect.

Accounts and access

You must provide accurate registration information and keep credentials confidential. You are responsible for activity under your account except where caused by our gross negligence or willful misconduct.

You will ensure that staff and contractors comply with these Terms and applicable law. Role-based permissions should be set according to least privilege.

Marketplace relationship

Smart Dining is a technology platform. Restaurant Partners are independent businesses responsible for their operations, pricing, food safety, licensing, employment, tax, and compliance with laws applicable to hospitality and consumer protection.

We do not guarantee the performance of any Restaurant Partner. Listings, availability, and wait times are controlled by venues unless we state otherwise for a specific program.

Reservations, ordering, and payments

Reservation and ordering features depend on Restaurant Partner settings. Deposits, cancellation windows, no-show fees, and refund rules are set by the venue and disclosed at booking or checkout where required.

Payments may be processed by third parties such as Stripe. Your use of payment services is subject to their terms and network rules. Smart Dining is not a bank and does not insure funds beyond what processors or applicable law provide.

Data license and responsibilities

You grant Smart Dining a worldwide, non-exclusive license to host, copy, transmit, and display Content solely to provide and improve the Services, comply with law, and as described in our Privacy Policy.

You represent that you have the rights needed to submit Content and that your use of guest data through the Services complies with privacy and marketing laws. You will obtain and document consent where required for SMS, email, or other regulated channels.

Artificial intelligence and automation

Certain features may use machine learning or AI to suggest replies, seating plans, marketing copy, or operational recommendations. Outputs are assistive and may be incomplete or incorrect. You remain responsible for human review and for decisions that affect guests, pricing, or safety.

Intellectual property

Smart Dining and its licensors own all rights in the Services, software, templates, and branding, except for your Content. Subject to these Terms, we grant you a limited, non-transferable, non-exclusive right to use the Services during your subscription.

You may not reverse engineer, scrape, or benchmark the Services except to the extent permitted by mandatory law.

Fees and taxes

Subscription and usage fees are described in your order form or in-product checkout. Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes and for providing valid tax documentation we request.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART DINING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SMART DINING FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS, EXCEPT WHERE PROHIBITED BY LAW.

Indemnification

You will defend, indemnify, and hold harmless Smart Dining from claims, damages, and costs (including reasonable attorneys’ fees) arising from your Content, your violation of these Terms, your violation of law, or disputes between you and End Guests or third parties, except to the extent caused by our breach of these Terms or gross negligence.

Dispute resolution; governing law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, subject to mandatory consumer protections in your jurisdiction.

For U.S. business users, except where prohibited, you agree that disputes will be resolved by binding arbitration on an individual basis administered by a recognized arbitration provider, and you waive any right to participate in class actions. You may opt out of arbitration within thirty days of first accepting these Terms by written notice to us.

Courts in Delaware may entertain requests for injunctive relief to protect intellectual property or confidential information.

General

These Terms constitute the entire agreement regarding the Services and supersede prior oral or written understandings on this subject. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.