Terms of Service

Processor Relationship. Tabski facilitates payments through Payrix and related financial partners.

Required Processing Relationship.
Merchant agrees that payment processing through Tabski’s designated processing partners is a material part of these Terms and any related order form, proposal, equipment financing arrangement, hardware subsidy, or service agreement.

Authorization. Merchant authorizes Tabski and its processing partners to debit fees, chargebacks, fines, adjustments, subscription fees, hardware balances, accelerated hardware balances, returned payment fees, and other amounts owed under these Terms, any order form, or any related merchant agreement, including via ACH (Automated Clearing House) debit from Merchant’s designated bank account.

ACH Debit & Billing Fees.
Merchant authorizes Tabski to initiate ACH debits for applicable fees, including but not limited to subscription fees, hardware balances, accelerated hardware balances, adjustments, billing charges, and other amounts owed. A fee of $2.50 per ACH checking debit may be applied to each ACH debit transaction.

Failed or Returned ACH Payments.
Merchant agrees to maintain sufficient funds in its designated account for all authorized ACH debits. Failed, rejected, or returned ACH transactions may result in additional fees, suspension of Services, or delay of settlement, support, or other Tabski obligations until the balance is cured.

Settlement. Funds are settled per the processor’s funding schedule, less applicable fees.

PCI Compliance. Merchant agrees to maintain PCI-compliant environments.

POS License. Tabski grants Merchant a limited, non-transferable license to use Tabski POS.

Hardware Scope. Hardware may include terminals, payment devices, printers, KDS screens, networking gear, cash drawers, mounts, cables, networking accessories, and related equipment (“Hardware”).

Hardware Ownership. Hardware may be purchased, rented, financed, licensed, leased, provided at no upfront cost, or subsidized depending on the order form, proposal, or written agreement.

Hardware Subsidy & Earned Discount.
If Tabski provides Hardware at a reduced price, no upfront cost, zero percent financing, rent-to-own structure, license-based structure, or other discounted arrangement, Tabski is providing a subsidy (“Hardware Subsidy”) equal to the difference between:

• The Hardware list price, replacement value, or financed value at shipment, and
• The amount paid by Merchant upfront.

Unless otherwise stated in an order form, the Hardware Subsidy is earned on a straight-line basis over 36 months from activation.

Go Live Requirement.
Merchant agrees that all locations, tenants, vendors, concepts, kitchens, bars, revenue centers, or merchant accounts receiving Hardware must be fully onboarded, activated, and processing live transactions through Tabski within a commercially reasonable implementation period determined by Tabski.

Failure of any location, tenant, vendor, concept, kitchen, bar, revenue center, or merchant account to go live due to existing contractual obligations, third-party POS agreements, third-party payment processing agreements, merchant delays, incomplete onboarding, failure to submit merchant applications, failure to obtain processing approval, or refusal to process through Tabski shall constitute a material breach of these Terms.

Tenant and Vendor Readiness.
Merchant is responsible for confirming that all tenants, vendors, concepts, kitchens, bars, and merchant accounts intended to use Tabski are legally and contractually able to go live with Tabski before Hardware is shipped, installed, programmed, or deployed.

Merchant agrees that existing contracts with Toast, Square, Clover, GoTab, Shift4, Stripe, or any other POS, ordering, or payment provider do not relieve Merchant from its payment obligations to Tabski.

Required Active Payment Processing.
As a condition of receiving any Hardware Subsidy, discounted Hardware, zero percent financing, rent-to-own pricing, or license-based Hardware arrangement, Merchant agrees to actively and continuously process payment transactions through Tabski’s designated payment processing partners.

“Active payment processing” means Merchant is live, transacting, and not routing, diverting, or moving a material portion of payment volume away from Tabski’s designated payment processing partners.

No Third-Party Processing or Circumvention.
Merchant may not use Tabski Hardware, software, online ordering, mobile ordering, KDS, POS, menus, integrations, or related infrastructure with any third-party payment processor, POS system, ordering provider, or workaround that bypasses Tabski’s payment processing relationships without Tabski’s prior written approval.

Any routing, diversion, circumvention, non-activation, partial activation, or failure to process through Tabski shall be considered a material breach of these Terms.

Acceleration of Hardware Balance.
If Merchant, or any location, tenant, vendor, concept, kitchen, bar, revenue center, or merchant account associated with Merchant:

• Fails to go live within the required timeframe,
• Fails to activate payment processing through Tabski,
• Fails to submit required merchant onboarding or processing information,
• Is unable to go live because of an existing third-party POS or payment contract,
• Ceases, pauses, or materially reduces payment processing through Tabski,
• Routes transactions through another processor or POS provider,
• Uses Tabski Hardware with a third-party system without approval,
• Terminates Tabski Services before the Hardware Subsidy is fully earned, or
• Otherwise prevents Tabski from earning back the Hardware Subsidy through active processing,

then Tabski may, at its sole discretion, suspend Services, terminate Services, require return of Hardware, and/or accelerate all outstanding amounts owed.

Accelerated amounts may include, but are not limited to:

• The full remaining unearned Hardware Subsidy,
• The full unpaid balance of any financed, licensed, leased, rent-to-own, or zero percent Hardware arrangement,
• The replacement value of Hardware that is not returned,
• Any unpaid subscription, software, processing, installation, onboarding, programming, support, or service fees,
• Any chargebacks, fines, penalties, or adjustments owed, and
• Any collection costs, legal fees, or expenses incurred by Tabski to recover amounts owed.

Merchant agrees that accelerated amounts become immediately due and payable upon notice from Tabski. Merchant authorizes Tabski to debit such amounts via ACH or charge any payment method on file.

Partial Food Hall Activation.
For food halls, multi-vendor venues, shared kitchens, mixed-use venues, or similar environments, each tenant, vendor, concept, kitchen, bar, or revenue center that receives or is allocated Tabski Hardware is expected to go live and actively process through Tabski.

If only a portion of the venue goes live, Tabski may accelerate the Hardware balance associated with any non-live, inactive, non-processing, or third-party-processing tenant, vendor, concept, kitchen, bar, or revenue center.

Return Requirements.
Merchant must return subsidized, financed, rented, leased, licensed, or Tabski-provided Hardware within 15 business days of termination, non-activation, written demand, or failure to maintain active processing. Returned Hardware must be in good working condition, normal wear and tear excepted.

Tabski may reduce or waive the remaining subsidy balance for returned Hardware at its discretion, but is not required to do so.

Unreturned or Damaged Equipment.
Merchant authorizes Tabski to charge the payment method or bank account on file for:

• Unearned subsidy balances,
• Accelerated Hardware balances,
• Repair costs,
• Replacement costs for missing or damaged items, and
• Collection costs related to recovering Hardware or unpaid balances.

Tabski provides cloud-based infrastructure. Uptime is targeted but not guaranteed.

Refunds are merchant-specific. Tabski does not issue venue refunds except for technical errors.

Tabski may charge technology or ordering convenience fees. Fees are disclosed at checkout.

Tabski integrates with third-party delivery providers. Tabski is not responsible for delivery performance.

Users consent to SMS order updates and alerts. Carrier charges may apply.

Tabski may use anonymized operational data for reporting and product improvements.

Users are responsible for uploaded content including images and menus.

Venues are responsible for age verification.

Venues may configure auto-gratuity policies.

Seasonal holds may be offered at Tabski discretion.

Merchants may not promote competing ordering platforms on Tabski-built websites.

All Tabski software and branding remain Tabski property.

Tabski provides Services “as is” and is not liable for indirect or consequential damages.

Tabski may suspend or terminate for breach, risk, fraud, non-payment, failure to activate, failure to process through Tabski, or circumvention of Tabski’s payment processing relationships.

Tabski uses encryption and tokenization standards.

Services are not intended for users under 13.

Tabski may update Terms at any time.

Governed by the State of Missouri.

Tabski LLC
2315 Locust St. Ste 15
Saint Louis, Missouri 63103
help@tabski.com