Terms of Service
Welcome to Tabski LLC (“Tabski,” “we,” “our,” or “us”). By accessing or using Tabski’s platform, hardware, software, or services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).
1. Payment Processing
Processor Relationship. Tabski facilitates payments through Payrix and related financial partners.
Authorization. Merchant authorizes Tabski and its processing partners to debit fees, chargebacks, fines, adjustments, subscription fees, 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, 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.
2. POS & Hardware Services
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, and accessories (“Hardware”).
Hardware Ownership. Hardware may be purchased, rented, financed, or subsidized depending on the order form.
Hardware Subsidy & Earned Discount.
If Tabski provides Hardware at a reduced price or no upfront cost,
Tabski is providing a subsidy (“Hardware Subsidy”) equal to the difference between:
- Hardware list price at shipment, and
- Amount paid by Merchant.
The Hardware Subsidy is earned on a straight-line basis over 36 months from activation.
If Merchant terminates Tabski Services or payment processing before the earn-out period concludes, Merchant agrees to immediately pay the unearned portion of the Hardware Subsidy.
Return Requirements.
Merchant must return subsidized Hardware within
15 business days of termination.
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.
Unreturned or Damaged Equipment.
Merchant authorizes Tabski to charge the payment method
or bank account on file for:
- Unearned subsidy balances
- Repair costs
- Replacement costs for missing items
3. Software Availability & Support
Tabski provides cloud-based infrastructure. Uptime is targeted but not guaranteed.
4. Refund Policy
Refunds are merchant-specific. Tabski does not issue venue refunds except for technical errors.
5. Convenience Fees
Tabski may charge technology or ordering convenience fees. Fees are disclosed at checkout.
6. Delivery Integrations
Tabski integrates with third-party delivery providers. Tabski is not responsible for delivery performance.
7. SMS & Communications
Users consent to SMS order updates and alerts. Carrier charges may apply.
8. Data Use
Tabski may use anonymized operational data for reporting and product improvements.
9. User Content
Users are responsible for uploaded content including images and menus.
10. Alcohol Compliance
Venues are responsible for age verification.
11. Auto-Gratuity
Venues may configure auto-gratuity policies.
12. Seasonal Holds
Seasonal holds may be offered at Tabski discretion.
13. Website Exclusivity
Merchants may not promote competing ordering platforms on Tabski-built websites.
14. Intellectual Property
All Tabski software and branding remain Tabski property.
15. Limitation of Liability
Tabski provides Services “as is” and is not liable for indirect or consequential damages.
16. Termination
Tabski may suspend or terminate for breach, risk, fraud, or non-payment.
17. Security
Tabski uses encryption and tokenization standards.
18. Children
Services are not intended for users under 13.
19. Changes to Terms
Tabski may update Terms at any time.
20. Governing Law
Governed by the State of Missouri.
21. Contact
Tabski LLC
2315 Locust St. Ste 15
Saint Louis, Missouri 63103
help@tabski.com