Terms of Service

These Terms govern access to and use of the OwnTable platform (the “Service”), operated by Brands Downtown (“OwnTable,” “we,” “us”), by the restaurant or business that registers an account (“you” or “Customer”). By creating an account or using the Service, you agree to these Terms.

1. The Service

OwnTable provides software for direct online ordering, AI-assisted order-taking (voice and chat), delivery dispatch, and customer retention. Features available to you depend on your plan and any feature flags enabled for your account.

2. Accounts & eligibility

• You must be at least 18 and authorized to bind your business.
• You are responsible for your account, your staff’s use, and keeping credentials secure. We strongly recommend enabling two-factor authentication.
• You are responsible for the accuracy of your menu, prices, hours, tax settings, and any allergen or dietary information you publish.

3. Plans, fees & billing

• Paid plans (Starter, Growth, Pro) are billed in advance on a recurring basis via our payment processor.
• Fees are exclusive of taxes, which you are responsible for.
• Usage-based components (e.g. AI, voice, messaging) may be metered and billed per your plan.
• Unless required by law, fees are non-refundable. You can cancel anytime; access continues until the end of the paid period.
• We may change pricing with at least 30 days’ notice before your next renewal.

4. Free trial

Trials (where offered) run for the stated period. We may modify or end trials at any time. If you don’t subscribe by the end of the trial, the account may be paused or its data scheduled for deletion.

5. Acceptable use

You agree not to:

• Use the Service to send unlawful, deceptive, or unsolicited messages, or to violate messaging/telemarketing laws (e.g. TCPA, GDPR e-privacy) — obtaining diner consent is your responsibility.
• Misrepresent food safety, allergen, or halal/dietary status.
• Reverse-engineer, resell, or overload the Service, or attempt to bypass tenant isolation, rate limits, or security controls.
• Upload malware or infringe others’ rights.

6. Your data & content

You retain ownership of your menu, branding, and the diner data you collect through the Service (“Customer Data”). You grant us a limited license to process Customer Data solely to provide and improve the Service, as described in the Privacy Policy and DPA. You represent that you have the rights and consents necessary for us to process it.

7. Third-party services

The Service integrates with third parties you connect (payment, delivery, messaging, voice). Your use of those is governed by their terms, and we are not responsible for their acts or outages. Credentials you provide are stored encrypted and used only to operate the integration you enabled.

8. AI features

AI order-taking and support responses are generated automatically and may occasionally be inaccurate. You are responsible for reviewing orders and configuring your menu, prices, and rules. We are not liable for losses arising from an AI-generated response you did not review.

9. Availability & support

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance and third-party outages may cause downtime. Support is provided per your plan.

10. Suspension & termination

• You may terminate anytime from Billing.
• We may suspend or terminate for non-payment, breach of these Terms, or risk to the Service or others, with notice where practicable.
• On termination you may export your data for 30 days, after which we may delete it per our retention schedule.

11. Warranties & disclaimers

The Service is 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.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages. Our aggregate liability arising out of the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

13. Indemnity

You will indemnify OwnTable against claims arising from your Customer Data, your messaging practices, your menu/allergen accuracy, or your breach of these Terms.

14. Changes to these Terms

We may update these Terms. Material changes will be notified to account owners with reasonable notice. Continued use after the effective date constitutes acceptance.

15. Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. The courts located in Florida shall have exclusive jurisdiction over any dispute arising out of these Terms.

16. Contact

Questions about these Terms: sales@owntable.io.