Master Service Agreement

1. Agreement Overview

This Master Service Agreement (“Agreement”) is entered into between TableSide (“Provider,” “we,” “us,” or “our”) and the restaurant or food service establishment (“Client,” “you,” or “your”) agreeing to use our services.

This Agreement governs your access to and use of TableSide's website building, hosting, and management services for restaurants. By signing a Service Agreement that references this Master Service Agreement, you agree to be bound by these terms.

2. Services Provided

TableSide provides the following services to Client:

• Custom restaurant website design and development
• Website hosting and maintenance
• Content management and updates (menu changes, photos, etc.)
• AI-powered customer assistance integration
• Online ordering system (where applicable)
• Gift card and loyalty program features (where applicable)
• Technical support and assistance
• Regular backups and security updates

3. Service Level and Support

We are committed to providing reliable service and responsive support:

• Uptime Guarantee: We strive for 99.9% uptime for all hosted websites
• Response Time: Support requests are typically answered within minutes during business hours
• Content Updates: Menu changes and content updates submitted via email are processed within 1-2 business days
• Support Channels: Email, phone, and online support portal

4. Client Responsibilities

Client agrees to:

• Provide accurate and current information for the website
• Supply necessary content including menus, photos, and business information
• Notify us promptly of any changes or updates needed
• Maintain current payment information and pay invoices on time
• Comply with all applicable laws and regulations
• Not use the service for any unlawful or prohibited purposes

5. Payment Terms

Payment terms are specified in your individual Service Agreement. Generally:

• Monthly subscription fees are billed in advance
• Setup fees (if applicable) are due upon signing
• Payments are processed automatically via the payment method on file
• Late payments may result in service suspension after 15 days
• All fees are non-refundable except as required by law

6. Term and Termination

This Agreement remains in effect for the term specified in your Service Agreement. Either party may terminate with 30 days written notice. Upon termination:

• Client will receive a final export of website content and data
• Website hosting will cease at the end of the notice period
• Client remains responsible for any outstanding payments
• TableSide may retain content for archival purposes only

7. Intellectual Property

Client Content: Client retains all ownership rights to content provided (menus, photos, logos, text, etc.). Client grants TableSide a license to use this content solely for providing the services.

TableSide Platform: TableSide retains all rights to its software, platform, code, designs, and proprietary systems. Upon termination, Client receives no rights to the underlying platform or code.

8. Data and Privacy

We take data privacy seriously:

• Client data is stored securely and backed up regularly
• We comply with applicable data protection regulations
• Client data is not shared with third parties except as necessary to provide services
• See our Privacy Policy for detailed information on data handling

9. Warranties and Disclaimers

TableSide warrants that services will be performed in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABLESIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

TableSide's total liability shall not exceed the total amount paid by Client in the 12 months preceding the claim.

11. Indemnification

Client agrees to indemnify and hold harmless TableSide from any claims, damages, or expenses arising from:

• Client's use of the services
• Content provided by Client
• Violation of this Agreement by Client
• Violation of any laws or third-party rights by Client

12. Changes to Agreement

TableSide may update this Agreement from time to time. We will provide notice of material changes via email or through the service. Continued use of services after changes constitutes acceptance of the updated terms.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Dispute Resolution

Any disputes arising from this Agreement shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in San Diego, California.

15. Miscellaneous

Entire Agreement: This Agreement, together with the Service Agreement, constitutes the entire agreement between the parties.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver of such right or provision.

Assignment: Client may not assign this Agreement without TableSide's written consent. TableSide may assign this Agreement to any successor or affiliate.

16. Contact Information

For questions about this Agreement, please contact us: