Terms and Conditions for Tabres

01Who We Are and Acceptance of These Terms

These Terms and Conditions (“Terms”) are a legally binding agreement between you and Tabres (“Tabres,” “we,” “our,” or “us”), the operator of tabres.com and the Tabres platform, based in Amsterdam, the Netherlands. Our contact details are set out in Section 22.

02Description of the Services

Tabres provides a hospitality management platform that includes, among other things:

• Point of Sale (POS) systems.
• QR Menu, Table, Delivery, and Takeaway ordering systems.
• Kitchen Display Systems (KDS).
• Digital menus with Link-in-Bio and AI translation capabilities.
• Inventory management, staff administration, and AI-powered menu analytics.

03Eligibility, Business Use Only, and Accounts

Business use only

The Services are intended solely for business-to-business (B2B) use by commercial hospitality businesses (restaurants, bakeries, coffee shops, bars, pubs, nightclubs, and similar businesses). You represent that you use the Services in the course of a trade, business, or profession and not as a consumer. The Services are not intended for consumers.

Authority and age

You must be at least 18 years old (or the age of majority where you live) and have the legal authority to bind the business on whose behalf you accept these Terms. In these Terms, “you” includes that business.

Accurate information

You must provide accurate, current, and complete information when registering and keep it up to date, including the country in which your business and each of your branches operates.

Account security

You are responsible for keeping your credentials confidential and for all activity under your account, including activity by your staff and anyone else you give access to. Notify us immediately at [email protected] if you suspect unauthorised access to your account.

Sanctions and export control

You represent that neither you nor your business is located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, or listed on any EU, UN, UK, or US sanctions list, and that you will not use the Services in violation of applicable sanctions or export control laws.

04Pricing and Fees

Free platform

Tabres is free to use. No credit card is required to create an account, there are no subscription fees, and there are no hidden fees.

Optional payment processing

If you choose to activate our optional payment processing feature, a transaction fee applies to payments processed through it. The applicable rates are shown to you before you activate the feature, and by activating it you agree to those rates.

AI credits

The Services include a free allowance of AI usage. If you need more, you may choose to purchase additional AI credits. We never charge for AI usage automatically, and there are no recurring AI fees. Purchased AI credits are non-transferable and, except where mandatory law provides otherwise, non-refundable.

Taxes

All fees are stated exclusive of VAT and any other applicable taxes, duties, or levies, which you are responsible for paying where they apply.

Changes to fees

We may change the fees for the optional payment processing feature or for AI credits by giving you at least 30 days’ notice by email or through the platform dashboard. Changes apply only to transactions and purchases made after the effective date. If you do not agree to a change, you may stop using the affected feature.

05Payments and Third-Party Services

Payment services

Payment processing is made available through third-party payment service providers. Your use of payment processing is subject to the terms, fees, and approval processes of the applicable provider, which are presented to you at activation. Unless we expressly state otherwise in writing, Tabres is not a bank, payment institution, electronic money institution, or money transmitter, and does not hold funds on your behalf.

Your transactions with your customers

Tabres is not a party to any sale, order, reservation, or other transaction between you and your customers. You are the seller of record. You are solely responsible for fulfilling orders; for refunds, chargebacks, disputes, and complaints from your customers; and for issuing any receipts or invoices required by law.

Third-party services

The Services may interoperate with third-party services and hardware (for example payment providers, delivery services, mapping services, printers, and devices). We do not control third-party services and are not responsible for their availability, accuracy, or conduct. Your use of them is governed by their own terms.

06Your Legal Obligations Toward Your Customers

You are solely responsible for ensuring that your business, the products you sell, the information you display, and your ordering and delivery operations comply with all laws and regulations that apply to you. In particular, you are responsible for:

Food safety and allergen information

Providing accurate and complete ingredient, allergen, and nutritional information, and meeting all food-information and food-safety requirements that apply to you (such as Regulation (EU) No 1169/2011 in the EU). The Services help you display this information but do not verify it.

Pricing and consumer law

Displaying prices, taxes, service charges, delivery charges, and other conditions correctly and in compliance with consumer protection, price-indication, and unfair-commercial-practices laws.

Age-restricted products

Complying with all laws on the sale of alcohol, tobacco, and other age-restricted products, including age verification.

Tax, receipts, and record keeping

Calculating, charging, reporting, and remitting all applicable taxes; issuing receipts and invoices that meet legal requirements; and retaining sales and accounting records for the periods required by law. The Services are not an archival or system-of-record service. You should regularly export the records you are required to keep.

Your own privacy notices

Providing your customers and staff with the privacy information required by law and obtaining any consents you need for the data you collect through the Services (see Section 9).

Licences and permits

Holding all licences, permits, and registrations your business needs.

07AI Features

Some features of the Services use artificial intelligence, including AI menu translation and AI-powered menu analytics (“AI Features”). You acknowledge and agree that:

• AI-generated output can be inaccurate, incomplete, or inappropriate, and may differ from what a human translator or analyst would produce.
• You must review and verify all AI-generated output before relying on it or publishing it to your customers. This is especially important for allergen, ingredient, dietary, pricing, and other legally required information, where a translation error could harm your customers or expose you to liability. You remain solely responsible for everything you publish, including AI-generated translations.
• AI analytics and recommendations are provided for information only and do not constitute business, financial, legal, or tax advice.
• AI Features may be provided using third-party AI providers, may change over time, and may be subject to usage limits.
• To the maximum extent permitted by applicable law and subject to Section 15, we are not liable for any loss arising from your reliance on AI-generated output that you have not verified.

08Privacy and Data Protection

Applicable law

We process personal data in accordance with applicable data protection law, including the EU General Data Protection Regulation (GDPR) and, where applicable, the UK GDPR and US state privacy laws, as described in our Privacy Policy.

Roles

We act in different roles for different data. “Account Data” is the personal data about you and the people who administer your account that you give us to open, pay for, secure, and support that account, together with the sign-in, billing, support, and security records we generate about your use of the Services; it does not include Merchant Data. “Merchant Data” is the personal data of your customers, guests, staff, and other individuals that you or your customers enter into, or generate through, the Services. We are the controller of Account Data and process it for the purposes set out in our Privacy Policy. You are the controller of Merchant Data, and we act only as your processor, on your instructions, under the Data Processing Terms in Section 9. We are not joint controllers, and each of us is responsible for its own compliance with data protection law in the role stated above.

No sale of personal data

We do not sell your personal data or Merchant Data.

Cookies and similar technologies

Information about the cookies, local storage, analytics, and similar technologies used on our websites and in the Services is set out in our Privacy Policy.

Hosting and international transfers

We host the Services and store Account Data and Merchant Data on servers located in the European Economic Area (EEA). A provider we engage may be established outside the EEA, or may store data or access it from outside the EEA — this covers both our sub-processors for Merchant Data under Section 9 and the providers that process Account Data for us. Each of those is an international transfer under data protection law, even where the data remains on our EEA servers. We make such a transfer only where a transfer mechanism under Chapter V of the GDPR is in place, such as an adequacy decision covering the destination country or standard contractual clauses with the provider, and, where the UK GDPR applies, only under the equivalent UK mechanism, such as the International Data Transfer Agreement or the UK Addendum to the standard contractual clauses. Our Privacy Policy describes these transfers.

09Data Processing Terms (Article 28 GDPR)

This Section applies to Merchant Data and constitutes the data processing agreement between you (as controller) and us (as processor) required by Article 28 of the GDPR and, where applicable, the UK GDPR.

Subject matter, nature, and purpose

We process Merchant Data on your behalf to provide, secure, maintain, and support the Services you use, including hosting, storing, displaying, transmitting (for example to your POS, KDS, and printers), translating, analysing, and backing up that data, and to comply with law.

Duration

The term of your account and the retention period described in Section 17.

Types of personal data and categories of data subjects

Names, contact details, order and reservation details, table and delivery details, order notes (which may include allergy or dietary information), staff details (such as names, roles, contact details, and schedules), and technical and device data, relating to your customers and guests, your staff, and other individuals whose data you enter into the Services.

Our obligations as processor

We will: (a) process Merchant Data only on your documented instructions, which consist of these Terms and your use and configuration of the Services, unless we are required to process it by EU or Member State law (or, where applicable, UK law), in which case we will inform you before processing unless that law prohibits it, and we will inform you if we consider that an instruction infringes data protection law; (b) ensure that persons authorised to process Merchant Data are bound by confidentiality; (c) implement appropriate technical and organisational security measures as required by Article 32 GDPR; (d) taking into account the nature of the processing and the information available to us, assist you in responding to data-subject requests and in meeting your obligations under Articles 32 to 36 GDPR (security, breach notification, and data protection impact assessments); (e) notify you without undue delay after becoming aware of a personal data breach affecting Merchant Data; (f) at your choice, delete or return all Merchant Data at the end of the Services as described in Section 17, and delete remaining copies unless EU or Member State law (or, where applicable, UK law) requires us to retain them; and (g) make available the information necessary to demonstrate compliance with this Section and allow for and contribute to audits, including inspections, conducted by you or an auditor mandated by you, on reasonable prior written notice, no more than once per year unless required by a supervisory authority or following a personal data breach, at your cost, and subject to reasonable confidentiality and security requirements. Where available, we may satisfy an audit request by providing relevant third-party audit reports or certifications.

Sub-processors

You give us general written authorisation to engage sub-processors (such as hosting, storage, content delivery and security, email, and AI providers) to process Merchant Data. Our current sub-processors are listed in our Privacy Policy. We will inform you of intended additions or replacements in advance by email or through the platform dashboard, giving you the opportunity to object on reasonable data protection grounds. If we cannot resolve your objection, you may close your account. We will impose data protection obligations on each sub-processor that are substantially equivalent to those in this Section and remain responsible to you for their performance.

International transfers

We transfer Merchant Data outside the EEA, or outside the UK where the UK GDPR applies, only in accordance with Section 8.

Your obligations as controller

You are responsible for the lawfulness of Merchant Data and of your instructions; for having a lawful basis for the processing (including, where you process special categories of data such as customers’ allergy or health information, a valid condition under Article 9 GDPR); for providing privacy information to data subjects; for responding to data-subject requests (with our assistance as described above); and for using the settings and export tools of the Services to fulfil your obligations.

Liability

Each party is liable for its own breaches of data protection law in accordance with Article 82 GDPR. As between the parties, and to the extent permitted by law, that liability is subject to Section 15.

10Intellectual Property

Tabres IP

We and our licensors retain all rights, title, and interest in and to the Services, including all software, AI tools, designs, trademarks, documentation, and digital infrastructure, and all improvements to them. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes during the term of your account. No other rights are granted, whether by implication or otherwise.

Restrictions

You may not, and may not allow others to: copy, modify, or create derivative works of the Services; reverse engineer, decompile, or attempt to extract source code, models, or algorithms from the Services, except to the extent that applicable law expressly permits this despite this restriction; rent, lease, sell, resell, sublicense, or otherwise make the Services available to third parties other than your own customers and staff as intended by the Services; scrape or bulk-extract data from the Services other than your own data through the tools we provide; remove or alter proprietary notices; or use the Services to build a competing product.

User Content

You retain full ownership of all menu content, images, product videos, branding, and other material you upload to the Services (“User Content”). You grant Tabres a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, translate, display, and distribute User Content solely to the extent necessary to provide, maintain, secure, and support the Services for you, including displaying your menus and ordering pages to your customers and generating AI translations and analytics at your request. This licence ends when you delete the User Content or close your account, except for copies held in routine backups and where retention is required by law.

Your warranties about User Content

You represent and warrant that you own or have obtained all rights, licences, consents, and permissions needed to upload and use User Content on the Services (including for any music, images, videos, logos, and personal data it contains), and that User Content and its use through the Services do not infringe any third-party right or violate any law.

Feedback and feature requests

If you request a feature, share an idea, or send us any other suggestion or feedback relating to the Services (together, “Feedback”), we may, but need not, use, implement, change, and commercialise it in any way, without any obligation to you. Anything we create from Feedback, including any new or changed feature, belongs solely to Tabres, together with all intellectual property rights in it, and we may make it available to all users of the Services. To the extent you hold any rights in Feedback, you assign them to Tabres; where that assignment is not effective under applicable law, you instead grant us an exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable licence to use and exploit Feedback in any way. You also waive, and agree not to assert, any moral rights in Feedback, to the extent the law allows. You will not claim any ownership, intellectual property right, payment, royalty, or credit relating to Feedback or anything we create from it. Feedback does not include your User Content or Merchant Data.

11Acceptable Use and Content Standards

You agree not to use the Services, and not to upload or distribute User Content, to:

• break any applicable law, regulation, or third-party right, including intellectual property, privacy, food-information, alcohol, tobacco, and consumer protection laws;
• publish content that is illegal, defamatory, obscene, hateful, harassing, or misleading, or that promotes illegal products or activities;
• upload malware or harmful code, or interfere with or disrupt the integrity, security, or performance of the Services or the systems of others;
• attempt to gain unauthorised access to the Services, other accounts, or related systems, or circumvent any usage limits, access controls, or geographic or regulatory restrictions we apply;
• send spam or unsolicited communications through the Services;
• sell, or process payments or orders for, goods or services you are not lawfully permitted to sell; or
• impersonate any person or business, or misrepresent your affiliation with anyone.

12Geographic Availability and POS System Regulatory Compliance

Availability of the Tabres Point of Sale (POS) System depends on the fiscal and regulatory environment of the country in which your business operates. We use the country of your account and the country of the active branch to determine which of the categories below applies; where these differ, the stricter category applies. On that basis, the POS System is made fully available, made available subject to conditions, or disabled for your location, and where applicable we display a corresponding notice within the platform. The categories below describe how the POS System behaves in each type of jurisdiction.

Jurisdictions with no strict POS rules

Where a country imposes no specific certification or fiscal-reporting requirements on POS software, the POS System is fully available and no compliance notice is shown.

Jurisdictions with general tax and bookkeeping obligations

Where there is no certification mandate but specific bookkeeping, retention, or reporting obligations apply to point-of-sale systems, the POS System remains available and we display a notice reminding you that meeting those obligations is your responsibility.

Jurisdictions requiring certified fiscal integration

Some countries require POS systems to report to a government fiscal or e-invoicing service, or to use a certified fiscal device. Tabres does not provide this integration. You may continue to use the POS System, but you must do so alongside a separately certified fiscal device or solution that satisfies this legal requirement.

Jurisdictions where POS software must be certified or is prohibited

Where the POS software itself must be individually government-certified or registered before use, or where such systems are not permitted, POS functionality is automatically disabled for your location. Our other products, such as the QR Menu, Link-in-Bio, and online ordering, remain available to you where permitted.

Restricted regions

Where comprehensive sanctions or trade restrictions make operating the POS System unlawful or unworkable, the POS System is disabled regardless of local tax law.

Notices are not legal advice

Our country classifications and compliance notices are provided for your convenience only. They reflect our general understanding of the rules at the time, may be incomplete or out of date, and do not constitute legal, tax, or accounting advice. We do not warrant their accuracy. You must independently verify, with your own advisers where appropriate, whether and on what conditions the POS System may lawfully be used in your jurisdiction, and you must not treat the absence of a notice as confirmation that no requirements apply.

Fiscal and tax compliance; no liability

Tabres makes no representation or warranty that the POS System complies with the fiscal, tax, or regulatory requirements of any particular country. Determining whether, and on what conditions, the POS System may lawfully be used in your jurisdiction is solely your responsibility. To the maximum extent permitted by applicable law and subject to Section 15, Tabres is not liable for any fines, penalties, taxes, interest, legal action, or other consequences arising from your use of the POS System in breach of laws that apply to you. This allocation of risk applies whether or not a compliance notice is displayed for your location, and your use of the POS System constitutes your acceptance of it.

Changes

We may change the classification of a country, enable or disable the POS System, or add conditions to its use at any time to reflect our understanding of legal requirements, without liability to you. Where reasonably practicable, we will give you advance notice.

13Service Availability, Support, and Backups

Availability

We aim to keep the Services available, but we do not guarantee that they will be uninterrupted, timely, secure, or error-free. The Services may be unavailable because of maintenance, updates, failures of third-party services, connectivity issues, or events beyond our control.

Support

Support is provided on a reasonable-efforts basis through the platform dashboard and by email. We do not commit to any response or resolution time.

Your backups

You are responsible for keeping your own copies of the data and records you need for your business. We recommend that you regularly export the data you rely on.

Protective suspension

We may temporarily suspend all or part of the Services if this is reasonably necessary to protect the security or integrity of the Services, to comply with law or a request from a competent authority, or to respond to a threat, and we will restore access as soon as reasonably practicable.

14Disclaimer of Warranties

15Limitation of Liability

Excluded losses

To the maximum extent permitted by applicable law, Tabres and its directors, employees, contractors, and suppliers are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following, whether direct or indirect and even if foreseeable or if we were advised of the possibility of such loss: (a) loss of profits, revenue, sales, business, contracts, or anticipated savings; (b) loss of goodwill or reputation; (c) loss, corruption, or inaccuracy of data; (d) business interruption or downtime; (e) fines, penalties, taxes, or interest imposed by any authority; (f) claims by your customers, staff, or other third parties; (g) costs of procuring substitute services; or (h) any indirect, incidental, special, consequential, exemplary, or punitive loss or damage.

Liability cap

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Services, for all claims combined, is limited to the greater of (a) the total fees you paid to us for the Services in the 12 months immediately before the first event giving rise to liability, and (b) EUR 100.

Exceptions

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) damage caused by the intent or deliberate recklessness (opzet of bewuste roekeloosheid) of Tabres or its managerial staff.

Time limit for claims

To the extent permitted by law, any claim against us arising out of these Terms or the Services must be brought within 12 months after the date on which you became aware, or should reasonably have become aware, of the facts giving rise to the claim. After that period, the claim is time-barred.

Basis of the bargain

You acknowledge that the Services are provided free of charge (other than the optional fees described in Section 4) and that the limitations in this Section are a reasonable allocation of risk in light of that and form an essential basis of the agreement between you and us.

16Indemnification

To the maximum extent permitted by applicable law, you will indemnify and hold harmless Tabres and its directors, employees, contractors, and suppliers from and against all claims, demands, proceedings, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) User Content; (b) your products, services, and transactions with your customers, including food-safety, allergen, pricing, and consumer complaints; (c) your breach of these Terms or of any law, including tax, fiscal, data protection, employment, food, and licensing laws; (d) your use of the POS System, payment processing, or AI Features; or (e) any dispute between you and your staff, customers, or other third parties. We will notify you promptly of any such claim and may participate in its defence with counsel of our choosing at our own cost. You may not settle any claim in a way that imposes obligations on us without our prior written consent.

17Term, Suspension, and Termination

Term

These Terms apply from the moment you first accept them or use the Services and continue until terminated in accordance with this Section.

Termination by you

You may close your account at any time through the platform or by contacting us.

Suspension or termination by us

We may suspend or terminate your access to all or part of the Services with immediate effect and, where reasonably practicable, with notice, if (a) you materially breach these Terms (including the acceptable-use rules, your payment obligations, or your warranties about User Content); (b) we reasonably suspect fraudulent, illegal, or abusive activity; (c) your use of the Services creates a security, legal, or regulatory risk for us, the Services, or other users; or (d) we are required to do so by law, a court, or a competent authority. We may also terminate these Terms, or discontinue the Services in whole or in part, for any other reason by giving you at least 30 days’ notice by email or through the platform dashboard.

Effect of termination

On termination, your right to use the Services ends immediately and any fees accrued before termination become due. Unused purchased AI credits are forfeited, except where mandatory law provides otherwise or where we terminate for any reason other than those in (a) to (d) above, in which case we will refund the unused portion of purchased AI credits.

Data after termination

For 30 days after termination, you may request an export of your Merchant Data and User Content in a commonly used electronic format. After that period, we will delete or anonymise your Merchant Data and User Content within a reasonable time, except for (a) data we must retain to comply with legal, tax, accounting, or regulatory obligations, or to establish, exercise, or defend legal claims, and (b) copies held in routine backups, which are overwritten in the ordinary course. This satisfies our deletion obligation under Section 9 unless you instruct us otherwise in writing before the end of that period.

Survival

Sections 6, 7, 9 (for as long as we hold Merchant Data), 10, 12, 14 to 18, 20, and 21, together with any obligation to pay fees accrued before termination and any other provision that by its nature should survive, survive termination of these Terms.

18Force Majeure

We are not liable for any failure or delay in performing our obligations that is caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action, sanctions, power or internet failures, denial-of-service and other cyber attacks, and failures of hosting, telecommunications, payment, or other third-party providers.

19Modifications to These Terms

We may modify these Terms from time to time. If a change is material, we will notify you at least 30 days before it takes effect by email to the address associated with your account or through a notification in the platform dashboard. Changes that are required by law or by a competent authority, or that are necessary to address a security or fraud risk, may take effect immediately. If you do not agree to a change, you may close your account before the change takes effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. The current version of these Terms is always available at https://tabres.com/terms.

20Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes or claims) are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21General

Entire agreement

These Terms, together with the Privacy Policy and any fee terms presented to you in the Services, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings. Your own purchasing terms or general conditions do not apply, even if you refer to them, and are expressly rejected.

Mandatory law

Nothing in these Terms excludes or limits any right you have under mandatory applicable law that cannot be excluded or limited by contract.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and replaced by a valid provision that most closely reflects its purpose, and the remaining provisions remain in full force.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation, or sale of assets, and we will notify you of any such assignment.

No waiver

A failure or delay by either party in exercising any right under these Terms is not a waiver of that right.

Notices

We may give you notices by email to the address associated with your account, through the platform dashboard, or by posting on our website, and you consent to receiving communications from us electronically. You may give us notice by email to the address in Section 22. Notices sent by email are deemed received on the day they are sent.

Independent parties and third parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. Except for the persons expressly covered by Sections 15 and 16, who may enforce those Sections, no third party has any right to enforce these Terms.

22Contact Information

For legal notices, support requests, and data protection questions, please contact us through your platform dashboard or at: