Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Stars on Tap ("we," "our," or "us") regarding your use of our restaurant management platform and services.

By creating an account, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

Stars on Tap provides a comprehensive restaurant management platform including:

• QR/NFC-based landing pages and customer engagement tools
• Employee scheduling and time clock management
• Reservation and waiting list systems
• Menu management and ordering integration
• Payment processing through Square and Stripe
• SMS and email notification services
• Analytics and reporting tools
• Customer feedback and review management
• Interactive games and engagement features

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate business
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

4. Account Registration and Security

4.1 Account Creation

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• One account per business entity unless otherwise authorized

4.2 Account Security

• You are responsible for all activities under your account
• Use strong passwords and enable two-factor authentication when available
• Do not share your login credentials with unauthorized persons
• We are not liable for losses resulting from unauthorized account access

5. Subscription and Payments

5.1 Subscription Plans

• Services are provided on a subscription basis
• Subscription fees are billed in advance on a monthly or annual basis
• Prices are subject to change with 30 days' notice
• You can upgrade or downgrade your plan at any time

5.2 Payment Terms

• Payment is due upon subscription or renewal
• We accept credit cards, debit cards, and ACH payments
• Failed payments may result in service suspension
• You authorize us to charge your payment method automatically

5.3 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Prorated refunds within 30 days of initial purchase
• No refunds for service termination due to Terms violations
• Refund requests must be submitted to support@starsontap.app

6. Acceptable Use Policy

6.1 Permitted Use

You may use our services for legitimate restaurant and business management purposes in compliance with all applicable laws.

6.2 Prohibited Activities

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Use the service for fraudulent or illegal activities
• Transmit spam, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Scrape, crawl, or harvest data from our platform
• Impersonate others or provide false information
• Interfere with or disrupt our services
• Use the service to compete with us
• Resell or redistribute our services without authorization

7. Intellectual Property Rights

7.1 Our Rights

Stars on Tap and all related trademarks, logos, and content are our property. We retain all rights, title, and interest in:

• The Stars on Tap platform and software
• All features, functionality, and user interfaces
• Our trademarks, service marks, and branding
• Documentation, guides, and support materials

7.2 Your Content

• You retain ownership of content you upload (menus, photos, business information)
• You grant us a license to use your content to provide our services
• You represent that you have rights to all content you upload
• You are responsible for ensuring your content doesn't infringe third-party rights

8. Data and Privacy

Your use of our services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• We collect and process data as described in our Privacy Policy
• You are responsible for obtaining necessary consents from your customers
• You must comply with applicable data protection laws (GDPR, CCPA, etc.)
• We implement security measures to protect your data
• You can request data access, correction, or deletion

9. SMS and Email Communications

9.1 Transactional Messages

• We send transactional emails and SMS for account and service notifications
• These messages are essential to service delivery and cannot be opted out

9.2 SMS Notifications

• SMS notifications require explicit opt-in consent
• You can opt-out by replying STOP to any message
• Message and data rates may apply
• See our SMS Consent Policy for details

10. Third-Party Services

Our platform integrates with third-party services (Square, Stripe, Twilio, Google, etc.):

• Third-party services have their own terms and privacy policies
• We are not responsible for third-party service failures or issues
• You must comply with third-party service terms
• Integration availability may change without notice

11. Service Availability and Support

11.1 Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be announced in advance when possible
• We are not liable for service interruptions or downtime

11.2 Customer Support

• Support is available via email at support@starsontap.app
• Response times vary based on subscription plan
• We provide reasonable efforts to resolve issues promptly

12. Termination

12.1 Termination by You

• You may cancel your subscription at any time through your dashboard
• Cancellation takes effect at the end of your current billing period
• You remain responsible for charges incurred before cancellation

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails or account is past due
• You engage in fraudulent or illegal activities
• Required by law or legal process

12.3 Effect of Termination

• Access to services will be disabled
• You may request a data export within 30 days
• We may delete your data after 90 days
• Outstanding fees remain due and payable

13. Disclaimers and Limitations of Liability

13.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARS ON TAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Stars on Tap and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you upload or transmit through our services

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notification to your registered email
• Displaying a notice in your dashboard

Continued use of our services after changes become effective constitutes acceptance of the updated Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and SMS Consent Policy, constitute the entire agreement between you and Stars on Tap.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

18. Contact Information

For questions about these Terms of Service, contact us:

• Email: legal@starsontap.app
• Support: support@starsontap.app
• Website: https://www.starsontap.app

19. Related Policies

• Privacy Policy: https://www.starsontap.app/privacy_policy.html
• SMS Consent Policy: https://www.starsontap.app/sms_consent_policy.html

These Terms of Service are effective as of January 2025. By using Stars on Tap, you agree to these Terms.