YOU ARE ONLY AUTHORIZED TO USE THE APP IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.
Representations About You
The Web App is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through the Web App. You represent and warrant to us that you are at least 18 years of age. Also, you represent and warrant that (i) you have read and understand this Agreement, (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (iii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iv) the information that you provide to us about you in connection with the Web App will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.
Subject to the terms of this Agreement, GoTab hereby grants you a limited, non-exclusive and non-transferable license to download, install, display, perform, access and use the Web App on a single smartphone, tablet or other mobile device that you own or control for your personal, non-commercial use, solely within the United States.
You shall not: (i) copy the Web App or any element thereof, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or any element thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Web App or any element thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Web App; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Web App or any features or functionality of the Web App, to any third party for any reason, including making the Web App available on a network where it is capable of being accessed by more than one device at any time; or (vi) use the Web App to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
Reservation of Rights
You acknowledge that the Web App is licensed, not sold, to you. GoTab reserves all rights in and to the Web App not expressly granted to you under this Agreement. You do not acquire any ownership interest in GoTab under this Agreement. GoTab and its licensors and service providers reserve and retain the entire right title and interest in and to the Web App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the Web App (“Feedback”), GoTab will be free to use such Feedback for any purpose. The word marks “GoTab” and “Go” and “GoTab” logos and all associated marks and logos displayed within the Web App are our trademarks (unless otherwise noted).
Third Party Establishments
You acknowledge and agree that the Web App is a tool that enables you to make purchases and to settle, pay for or close (“close out”) a check, bill, tab, owed payment or other transaction, whether individually or as a “split” transaction with other users (each a “Transaction”), with third-party establishments, including but not limited to restaurants or bars (each, an “Establishment”). You acknowledge that all Transactions are between you and the Establishments and that GoTab is not a party to such Transactions. GoTab is not responsible for examining or evaluating the quality, or any other aspect of such products or services of any Establishment and will not have any liability or responsibility to you or any other person therefore. Any Establishment that allows you to use the Web App to close out a Transaction retains the right to close out your payment, should you fail to properly close out your Transaction either as a result of your failure to use the Web App to pay for the payment or if the Web App does not properly pay such payment. Any Establishment that allows you to use the Web App to close out a Transaction retains the right to adjust your payment amount should a remaining balance amount be unpaid (if you split a bill and someone on your tab fails to pay their portion, the remaining payment required will be split amongst the paying parties). Any Establishment that allows you to use the Web App to close out any Transaction retains the right to request that you authorize such payment by other means including, but not limited to, signing a printed receipt or delivering a final check, bill or tab to you. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the Web App to pay for a Transaction in an Establishment, any chargeback for such charge shall apply to such Establishment and that we will not have any liability to you.
GoTab is a technology provider. It is not a bank, credit union, payment processor or other financial institution. Transactions are processed via an Establishment’s payment processor and/or point of sale (“POS”) system vendor (each a “Payment Vendor”). By processing a Transaction via the Web App, you authorize an Establishment’s Payment Vendor to charge your credit card or other payment method. Transactions processed via the Web App may also be subject to the terms and conditions of the applicable Payment Vendor.
If you use the App to close out a Transaction in an Establishment, or if an Establishment closes out a Transaction on your behalf, the Establishment, not GoTab, may add a required minimum tip or gratuity to the Transaction. You acknowledge that GoTab does not determine or mandate any such tip or gratuity amount and you hereby agree to pay any minimum tip or gratuity as a condition to entering into the Transaction via the Web App.
You acknowledge and agree that GoTab does not provide refunds via the Web App. You hereby agree to seek any refunds of Transactions directly from the Establishments or your credit card company.
Guests ordering alcoholic beverages will be required to show valid identification verifying age prior to being served. No refund will be given in the absence of valid identification.
Scheduled system maintenance shall take place from time to time, and during such time, updates to the Web App or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the Web App is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.
GoTab may, but is not required to, develop and provide Web App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety, certain features or functionality. You agree that GoTab has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Web App and are subject to the terms of this Agreement.
You consent to receive communications, including commercial communications (whether by phone, email or text) from GoTab and our third party partners, which may include Establishments and other third parties, including without limitation brands. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must [Contact Us.] You may opt out of receiving messages that are primarily commercial in nature, but in order to stop receiving all messages from GoTab (including messages related to Transactions and your account), you will need to terminate your account. If the Web App enables you to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.
Third Party Offerings
To enjoy certain third party offerings made available in the Web App, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Web App, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings. Further, the App may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Web App, you acknowledge and agree that GoTab is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. GoTab does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Limitations on Availability
The Web App is based in the United States and is provided for access and use by persons in the United States. We make no representation that the Web App is available or permitted in any particular location. Use of the Web App is void where prohibited. You use the Web App at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use of, or access to, the Web App as required by law.
Term and Termination
The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by GoTab or you. You may terminate this Agreement by contacting GoTab staff at [email protected] GoTab may terminate this Agreement at any time without notice in its sole discretion, including if it ceases to support the Web App, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Web App. You acknowledge that GoTab may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
Disclaimers and Limitations of Liability
This section is important – please read it carefully – it limits GoTab’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
(a) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE WEB APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
(b) Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE WEB APP. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Disputes Between You and an Establishment or other User
You are solely responsible for your interactions and Transactions with Establishments or other users of the Web App. You hereby agree to look solely to such Establishments and other users for any claim, damage or liability associated with any Transaction commissioned via the Web App and expressly waive and release GoTab from any and all claims, damages and liabilities arising out of any act or omission of any Establishment, other user or third party.
Export and Other Restrictions
You may not use or otherwise export or re-export the Web App or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Web App was accessed or obtained. The Web App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by GoTab via a click-to accept mechanism.
The laws of the State of Virginia, excluding its conflicts of law rules, govern this this license and your use of the Web App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Virginia, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the Web App may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the Web App. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.