Legal

Merchant Terms of Service

Version 1.1Effective 29 August 2026FOODTAB TECHNOLOGIES LTD

1. The agreement

1.1 These terms are a contract between FOODTAB TECHNOLOGIES LTD (company number 17319250, registered office 1 Sea Cornflower Way, Jaywick, Clacton-on-Sea, CO15 2EF) ("FoodTab", "we", "us") and the business named on the store account ("you", "the Business").

1.2 You accept these terms by ticking the acceptance box when a store account is created, by continuing to use the service after we notify you of updated terms, or by signing a copy. The person accepting confirms they are authorised to bind the Business.

1.3 The Data Processing Addendum and the Privacy Notice form part of this agreement. If they conflict, the Data Processing Addendum prevails on data protection matters and these terms prevail on everything else.

1.4 These terms are for businesses only. Nothing in them is intended to create a consumer contract.

2. Definitions

Service

The FoodTab software: the till app, online ordering storefront (on a foodtab.io subdomain or your own domain), management dashboard, WhatsApp assistant, messaging tools, and related APIs.

Customer

A person who orders from you through the Service, by any channel.

Order

Any order recorded in the Service, whether placed online, at the till, by phone or in person, and whether paid online, by card at the till, in cash, or by payment link.

Online Order

An Order paid through Stripe via the Service (storefront checkout or payment link).

Stripe

Stripe Payments Europe Ltd and its affiliates, which provide the connected account through which you accept card payments.

Plan

The pricing that applies to your shop: the Service Fee amount, the Subscription Fee amount (if any), any introductory period, and the messaging allowance. Your Plan is shown to you when you accept these terms, is recorded with your acceptance, and is always visible in Settings in your dashboard and till. Where we agree different pricing with you in writing, that written agreement is your Plan.

Service Fee

The per-Order platform fee at the amount in your Plan (section 6.2).

Subscription Fee

The monthly fee, if any, at the amount in your Plan (section 6.1).

Your Data

Your menu, prices, images, branding, settings, Orders, Customer records and any other data you or your Customers put into the Service.

3. The service

3.1 We grant you a non-exclusive, non-transferable right to use the Service for the shop(s) on your account, for the purpose of running your food business, for as long as this agreement lasts.

3.2 The Service is provided as software. We are not a party to the sale of food between you and your Customer, we are not a payment institution, and we do not take title to goods or hold funds on your behalf.

3.3 We may add, change or remove features. We will give reasonable notice of changes that remove functionality you rely on (section 19).

4. Your account and staff

4.1 You must give accurate details about your business and keep them current, including legal name, trading name, address, contact details and food hygiene registration.

4.2 You control who has access. You are responsible for all activity under your account and your staff logins, for setting appropriate permissions, and for removing staff who leave. Keep PINs and passwords confidential and tell us immediately if you suspect misuse.

4.3 Only the owner may link a WhatsApp number to the assistant. Anyone using a linked number can take the actions the assistant offers (for example pausing online orders); treat linked phones accordingly.

5. Your responsibilities as the seller

5.1 You are the seller and merchant of record for every Order. You are responsible for: the accuracy of your menu, prices, descriptions and images; allergen and ingredient information as required by law (including Natasha's Law and the Food Information Regulations); food safety and hygiene; complying with licensing, age restrictions and trading laws; opening hours and delivery areas you set; fulfilling Orders you accept; and dealing with Customer complaints.

5.2 You must show Customers the information the Consumer Contracts Regulations 2013 require before they order. The Service displays your business name, address, contact details, prices, fees and delivery charges from the details you enter; keep them accurate.

5.3 You must not describe FoodTab as the seller, and you must not tell Customers that FoodTab is responsible for their food, delivery or refund.

5.4 You must pay any taxes due on your sales. FoodTab does not calculate or remit your VAT; the Service's tax settings are a tool you configure.

6. Fees

6.1 Subscription Fee. If your Plan includes a Subscription Fee, it is charged per shop per calendar month, monthly in advance, by the payment method on your account or as otherwise agreed with you in writing. Your Plan states any free trial or introductory period during which the Subscription Fee is waived; when that period ends the Subscription Fee in your Plan applies without further notice. Plans with no Subscription Fee carry a higher Service Fee instead.

6.2 Service Fee. A fixed amount per Order, stated in your Plan. On Online Orders the Service Fee is shown to the Customer as a separate line at checkout and paid by the Customer; Stripe passes it to FoodTab as an application fee on the charge. On Orders not paid online through Stripe (cash, card at the till, pay-on-collection) the Service Fee is payable by you: it accrues to your FoodTab fee ledger and is collected as an application fee on your subsequent Online Orders, capped at half of any single Order so a Customer's payment is never consumed by arrears. Your ledger and every collection are itemised in the dashboard and till. You must not add the Service Fee to your own prices as a separate charge or describe it to Customers as a card or payment fee.

6.3 Messaging. Where you use the Service to send marketing messages to Customers, each message beyond the monthly allowance in your Plan is charged at the per-message rate shown in the dashboard when you send, collected in the same way as 6.2. Transactional messages (order confirmations, status updates, payment links) are free.

6.4 Stripe fees. Card processing fees are charged by Stripe to your Stripe account at Stripe's published rates for your account. They are not FoodTab fees and we receive no part of them. The Service shows you an estimate per Order, then the actual fee once Stripe settles the charge.

6.5 No commission. We charge no percentage of your sales.

6.6 VAT. Fees are stated exclusive of VAT unless we say otherwise. FoodTab will add VAT at the applicable rate if and when it is required to be VAT registered, and will issue VAT invoices from that point.

6.7 Changes. We may change your Plan or the fee mechanics in this section on 30 days' written notice. If you do not accept a change you may terminate under section 15 before it takes effect and the old fees apply until then.

6.8 Late payment. If a Subscription Fee is not paid within 14 days of falling due we may suspend the Service under section 14. We may charge interest on overdue amounts at 4% a year above the Bank of England base rate.

7. Payments, Stripe and payouts

7.1 To accept card payments through the Service you must open and maintain a Stripe connected account in your own name and accept the Stripe Connected Account Agreement and Stripe's Services Agreement. Stripe may require identity and business verification and may decline or close your account; that is between you and Stripe.

7.2 Charges are made directly on your Stripe account. You are the merchant of record. Stripe pays your balance directly to your bank account on Stripe's payout schedule for your account (typically daily, after Stripe's initial settlement period). FoodTab has no access to your Stripe balance beyond the application fee Stripe transfers to us at the time of each charge.

7.3 FoodTab does not hold, receive or forward Customer payments. If your Stripe account is not connected or payouts are disabled, online card checkout is unavailable for your shop until it is; cash, till-card and pay-later options continue to work.

7.4 Payment links sent to Customers by SMS, WhatsApp or email are charges on your Stripe account and are treated as Online Orders.

7.5 If you previously accepted payments through FoodTab's earlier arrangement using Revolut, any balance still recorded for you will be paid out and that arrangement ended; these terms apply from the date you accept them.

8. Refunds, disputes and chargebacks

8.1 You decide whether to refund a Customer, subject to consumer law. Refunds are issued from your Stripe account through the Service. When you refund an Online Order in full within 72 hours of the Order, FoodTab returns its Service Fee for that Order to the Customer; otherwise the Service Fee is retained.

8.2 Chargebacks and disputes raised by Customers with their card issuer are your responsibility and are handled through your Stripe account, including any dispute fee Stripe charges. The Service keeps order, delivery and communication records that you can use as evidence.

8.3 If a chargeback or refund leaves FoodTab having refunded a Service Fee that was later reversed, we may re-accrue that amount to your ledger.

9. Menus, content and intellectual property

9.1 You own Your Data. You grant us a licence to host, copy, display and process it as needed to provide the Service, to show your storefront to the public, and to produce aggregated statistics that do not identify you or your Customers.

9.2 You warrant that you have the right to use everything you upload, including images, and that it does not infringe anyone's rights or break the law. We may remove content that we reasonably believe does.

9.3 If we import your menu from another platform at your request, you confirm you are entitled to that content and we act on your instructions.

9.4 FoodTab owns the Service, its software, design, documentation and trade marks. You may not copy, modify, reverse-engineer, resell or build a competing product from it, or remove our notices. Feedback you give us may be used without obligation.

9.5 If we register a domain or set up a custom domain for you, the domain remains yours where you registered it, and ours where we did unless we agree otherwise in writing.

10. Customer data and marketing

10.1 For Customer data you collect through the Service, you are the controller and FoodTab is your processor. The Data Processing Addendum sets out how we process it. FoodTab is a controller in its own right for the platform account layer, security, billing and the matters listed in the Privacy Notice.

10.2 You must display a privacy notice to your Customers that covers your use of their data and names FoodTab as your provider. You may use ours as a starting point.

10.3 Marketing. You are the sender of any marketing you send through the Service and are responsible for compliance with the Privacy and Electronic Communications Regulations and UK GDPR. The Service records opt-outs and blocks sends to Customers who have opted out or who did not buy from you; you must not attempt to bypass this, upload lists of people who have not ordered from you, or send content that is misleading, unlawful or not about your own food business.

10.4 You must honour Customer requests to access or delete their data promptly; the Service provides tools for this and we will help.

10.5 Caller ID. If you use caller identification hardware with the till, the Service stores incoming numbers and matches them to your Customers. You are responsible for telling Customers (for example on your menu and website) that you keep a record of callers.

11. Devices, printers and hardware

11.1 Unless we agree otherwise in writing, tablets, printers, cash drawers, caller-ID units, card terminals, routers and internet connections are yours to provide, maintain and secure. We publish the models we support; using other hardware is at your risk.

11.2 Where FoodTab supplies hardware, separate written terms for that hardware apply, and it remains our property until paid for in full.

11.3 You must install app updates we mark as required within 14 days. We may stop supporting versions older than that.

12. Acceptable use

You must not use the Service to break the law; to sell goods you are not licensed to sell; to process payments for anyone other than your own business; to attempt to access other shops' data; to probe, scan or overload our systems; to send spam; to upload malware; or to enter Orders or transactions that are not genuine.

13. Availability and support

13.1 We aim for the Service to be available at all times and design it to keep taking Orders on the till when the internet is down. We do not guarantee uninterrupted or error-free operation. Planned maintenance will be scheduled outside peak trading hours where practical.

13.2 Keep a fallback. You must maintain a way to take and record orders if the Service, your internet, your devices or Stripe are unavailable, and you accept that this is your responsibility.

13.3 Support is available through the assistant in the till, by email at [email protected], and by callback for urgent trading issues. Response targets are published in the dashboard and are not guarantees.

14. Suspension

We may suspend all or part of the Service for a shop, with as much notice as is reasonable in the circumstances, if: fees are more than 14 days overdue; we reasonably believe the account is being used in breach of section 12 or the law; Stripe suspends or closes your connected account; a security incident requires it; or we are required to by law or a regulator. We will lift the suspension when the cause is resolved. Subscription Fees continue to accrue during a suspension caused by your breach.

15. Term and termination

15.1 This agreement starts when you accept it and continues month to month.

15.2 Either party may terminate for convenience on 30 days' written notice. Notice from you may be given by email to [email protected] from the owner's registered email address.

15.3 Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of notice, becomes insolvent, or ceases trading.

15.4 On termination: your storefront is taken offline; access to the till and dashboard ends at the end of the notice period; fees accrued to that date remain payable; any Service Fees accrued to your ledger and not yet collected become due and we may collect them from your final Online Orders or invoice them; and your Stripe account remains yours.

15.5 Your data. You may export your menu, Customer list and Order history from the dashboard at any time, including during the notice period. We keep Your Data for 30 days after termination so you can export it, then delete it, except for records we must keep by law and the retention set out in the Privacy Notice.

16. Warranties and liability

16.1 We warrant that we will provide the Service with reasonable skill and care. Otherwise, to the fullest extent the law allows, the Service is provided as is and we exclude all other warranties, including fitness for a particular purpose.

16.2 Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited by law.

16.3 Subject to 16.2, we are not liable for: loss of profit, revenue, sales, business or goodwill; loss of or damage to data that you could have exported; losses caused by your devices, internet connection, hardware, staff, Stripe, or third-party services; losses from Orders you accepted but could not fulfil; or any indirect or consequential loss.

16.4 Subject to 16.2 and 16.3, our total liability to you under or in connection with this agreement in any 12-month period is limited to the total fees you paid to FoodTab in the 3 months before the event giving rise to the claim, or £500 if greater.

16.5 You acknowledge that the fees reflect this allocation of risk and that you could insure against losses excluded above.

17. Indemnity

You will indemnify FoodTab against claims, fines and costs arising from: your food, its preparation, labelling or delivery; your breach of consumer, food, licensing or data protection law; marketing you send; content you upload; chargebacks and disputes on your Orders; and your breach of sections 5, 10 or 12.

18. Confidentiality

Each party will keep the other's non-public information confidential and use it only for this agreement, except where disclosure is required by law. Your sales figures are confidential to you; we use them only to provide the Service and in aggregate form that does not identify you.

19. Changes to the service and these terms

19.1 We may update these terms. We will give at least 30 days' notice by email to the owner and in the dashboard, with a summary of what changed. Continuing to use the Service after the effective date is acceptance. If you object, you may terminate under 15.2 before the effective date and the previous terms apply until you leave.

19.2 Changes required by law, by Stripe, or to address security may take effect sooner.

20. General

20.1 Notices to us go to [email protected]; to you, to the owner's email on the account. Email notice is effective the next working day.

20.2 Assignment. You may not transfer this agreement without our consent. We may assign it to a successor of our business on notice to you.

20.3 Force majeure. Neither party is liable for failure caused by events outside its reasonable control, including outages of Stripe, AWS or Cloudflare, provided it takes reasonable steps to mitigate.

20.4 Entire agreement. This agreement, the Data Processing Addendum and any written order form are the whole agreement and replace any earlier terms, including any pilot or agency terms.

20.5 Severance and waiver. If a clause is unenforceable the rest stands. A delay in enforcing is not a waiver.

20.6 Third parties. No one other than the parties may enforce this agreement.

20.7 Law and courts. This agreement is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.