Terms of Service

1. Agreement to Terms

By accessing or using TableMate ("Service"), operated by LMG OPTIMIZE BV, a company registered under Belgian law and inscribed with the Crossroads Bank for Enterprises under number BE0785858168 ("we," "our," "us," or "Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and LMG OPTIMIZE BV. By using the Service, you represent and warrant that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

TableMate provides a digital menu and ordering platform for restaurants, bars, and other hospitality venues. The Service allows venue owners to create digital menus, accept orders, and process payments through integrated payment providers.

IMPORTANT: TableMate is exclusively a digital menu and ordering platform. TableMate is NOT a certified cash register system (Geregistreerd Kassasysteem / Système de Caisse Enregistreuse / "witte kassa"), NOT a fiscal device, NOT a point-of-sale (POS) system, NOT an accounting or bookkeeping tool, and NOT a tax reporting system. The Service does not replace, substitute, or fulfil any legal requirement for certified cash register systems, fiscal devices, or tax reporting tools that may be required under Belgian, European, or any other applicable law. The Service is provided "as is" and LMG OPTIMIZE BV makes no guarantees regarding uptime, availability, or fitness for any particular purpose.

3. Customer's Legal and Regulatory Obligations

By using the Service, you acknowledge and agree that you are solely and exclusively responsible for complying with all applicable laws, regulations, and legal obligations related to your business operations. LMG OPTIMIZE BV does not provide legal, tax, accounting, or regulatory advice of any kind.

3.1 Tax and Fiscal Compliance

You are solely and exclusively responsible for:

• Registering for and collecting Value Added Tax (VAT/BTW/TVA) as required by Belgian and/or European law
• Accurate and timely reporting of all taxable transactions to the relevant tax authorities (including the Belgian Federal Public Service Finance / FOD Financiën / SPF Finances)
• Payment of all taxes, including VAT, income tax, corporate tax, and any other applicable levies
• Maintaining accurate and complete financial records as required by Belgian accounting law (Wetboek van Economisch Recht / Code de Droit Économique)
• Issuing proper invoices and receipts in compliance with Belgian and European VAT regulations
• Any and all fines, penalties, interest, or sanctions imposed by tax authorities for non-compliance

3.2 Certified Cash Register System (Witte Kassa / SCE)

You acknowledge and agree that:

• TableMate is NOT a certified cash register system (Geregistreerd Kassasysteem / Système de Caisse Enregistreuse) and does NOT fulfil the legal requirements for such a system under Belgian law
• If your business is required by Belgian law to use a certified cash register system ("witte kassa") — including but not limited to hospitality establishments where catering services constitute 25% or more of turnover (excluding beverages) — it is your sole and exclusive responsibility to acquire, install, register, and operate such a certified system
• You must independently determine whether your business is subject to the certified cash register obligation and comply with all related requirements, including registration with the Federal Public Service Finance
• TableMate shall not be used as a substitute for, or in lieu of, a legally required certified cash register system
• LMG OPTIMIZE BV bears no responsibility whatsoever for any fines, penalties, sanctions, business closures, or other consequences resulting from your failure to comply with certified cash register obligations

3.3 Other Regulatory Obligations

You are further solely responsible for compliance with all other laws and regulations applicable to your business, including but not limited to:

• Food safety regulations (FAVV/AFSCA), HACCP requirements, and allergen disclosure obligations
• Consumer protection laws, including accurate pricing, product descriptions, and complaint handling
• Business permits, licenses, and operating authorizations required for your venue
• Employment law, social security obligations, and worker safety regulations
• Environmental and waste management regulations
• Anti-money laundering (AML) regulations where applicable
• Any sector-specific regulations applicable to the hospitality industry

LMG OPTIMIZE BV EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO COMPLY WITH ANY TAX, FISCAL, REGULATORY, OR LEGAL OBLIGATION. YOU AGREE THAT LMG OPTIMIZE BV HAS NO DUTY TO ADVISE, INFORM, OR REMIND YOU OF YOUR LEGAL OBLIGATIONS. YOUR USE OF THE SERVICE DOES NOT IN ANY WAY REDUCE, ALTER, OR ELIMINATE YOUR INDEPENDENT LEGAL OBLIGATIONS AS A BUSINESS OPERATOR.

4. Account Registration

4.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By registering, you represent and warrant that you meet these requirements, that all information you provide is accurate, current, and complete, and that you have the legal authority to bind the business entity on whose behalf you are registering.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether or not authorized by you
• Notifying us immediately at support@tablemate.be of any unauthorized access or security breach
• Providing and maintaining accurate, current, and complete information
• Any damages, losses, or liabilities resulting from your failure to secure your account

5. Subscription Plans, Pricing and Commissions

5.1 Plans

We offer the following subscription plans:

• Starter (Free): Up to 50 products, 1.5% or €0.15 per sale, whichever is higher (excl. Mollie transaction fees)
• Professional Monthly: €30/month, unlimited products, 1% or €0.05 per sale, whichever is higher (excl. Mollie transaction fees)
• Professional Yearly: €300/year, unlimited products, 1% or €0.05 per sale, whichever is higher (excl. Mollie transaction fees)

5.2 Payment Terms

Subscription Fees: Professional plan subscriptions are billed in advance on a monthly or yearly basis. Payments are processed automatically through Mollie. Commission Fees: We charge a commission on each successful order processed through our platform. Commission rates depend on your subscription plan and are calculated as the higher of either a percentage of the order total or a minimum fixed amount per transaction. Commission fees are automatically deducted from the payment before settlement to your Mollie account. Payment Service Provider (PSP) Fees: Mollie B.V., our payment processor, charges its own transaction fees separately (see mollie.com/pricing). These fees are not set by TableMate and are subject to Mollie's terms.

5.3 Price Changes

We reserve the right to change our pricing at any time with 30 days' notice. Price changes will not affect your current billing cycle for paid subscriptions.

5.4 Refunds

All subscription fees are non-refundable. You may cancel your subscription at any time, and your access will continue until the end of the current billing period. No partial refunds will be provided.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload malicious code or viruses
• Attempt to gain unauthorized access to our systems
• Use the Service to sell illegal or prohibited items
• Interfere with or disrupt the Service
• Engage in fraudulent activities or money laundering
• Collect or harvest user data without consent
• Use the Service as a substitute for a legally required certified cash register system or fiscal device
• Represent to customers, authorities, or third parties that the Service constitutes a certified cash register, fiscal device, or official tax reporting tool
• Use the Service in any way that could damage our reputation

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of all content you upload to the Service. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely for the purpose of providing the Service. You are solely responsible for ensuring you have the right to use any content you upload.

7.2 Your Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of all data you enter into the Service, including but not limited to menu items, product descriptions, pricing, allergen information, and nutritional data. LMG OPTIMIZE BV does not verify, validate, or assume any responsibility for the accuracy of your content. Any errors in your data, including incorrect pricing or missing allergen information, are entirely your responsibility.

7.3 Our Intellectual Property

The Service, including its design, features, and functionality, is owned by LMG OPTIMIZE BV and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service.

8. Payment Processing

All customer payments are processed through third-party payment service providers, currently Mollie B.V. By using our Service, you agree to comply with the terms and conditions of these payment processors. LMG OPTIMIZE BV acts solely as an intermediary and is not responsible for any issues, delays, failures, or losses arising from payment processing services, including but not limited to failed transactions, chargebacks, fraud, processing errors, or disputes between you and your customers. You are responsible for any fees charged by payment processors in addition to our commission fees. You acknowledge that the receipt of payment through our platform does not constitute a fiscal receipt, invoice, or tax document, and does not fulfil any tax documentation requirements.

9. Data and Privacy

Our use of your personal information is governed by our Privacy Policy. By using the Service, you consent to our collection and use of your data as described in the

10. Service Availability and Interruptions

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at any particular time. We may:

• Suspend or terminate the Service at any time, with or without notice
• Modify or discontinue any features or functionality without prior notice
• Limit or restrict access to the Service for maintenance, security, or operational reasons
• Experience downtime due to maintenance, updates, technical issues, or circumstances beyond our control

LMG OPTIMIZE BV shall not be liable for any losses, damages, lost revenue, missed orders, or inconvenience caused by service interruptions, downtime, or unavailability, regardless of the cause or duration. You acknowledge that you should not rely exclusively on the Service for your business operations and that you are responsible for maintaining alternative ordering capabilities.

11. Termination

11.1 By You

You may terminate your account at any time through the Service or by contacting us. Upon termination, your access to the Service will cease immediately. No refunds will be provided for any remaining subscription period. Any outstanding commission fees remain due and payable.

11.2 By Us

We may suspend or terminate your account immediately and without prior notice or liability if you:

• Violate these Terms or any applicable law
• Engage in fraudulent, illegal, or unauthorized activities
• Fail to pay subscription or commission fees when due
• Cause harm to our Service, infrastructure, reputation, or other users
• Use the Service in connection with a business that violates applicable regulatory requirements
• For any other reason at our sole and absolute discretion

11.3 Effect of Termination

Upon termination of your account for any reason: (a) all rights granted to you under these Terms will immediately cease; (b) you remain liable for all fees and commissions accrued prior to termination; (c) we will delete your data in accordance with our Privacy Policy; (d) Sections 3, 7, 8, 12, 13, 14, 15, and 17 shall survive termination.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LMG OPTIMIZE BV DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS WILL BE CORRECTED. LMG OPTIMIZE BV SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICE IS SUITABLE FOR USE AS A FISCAL DEVICE, CERTIFIED CASH REGISTER, TAX REPORTING TOOL, OR ACCOUNTING SYSTEM.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE BELGIAN AND EU LAW:

• LMG OPTIMIZE BV, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• WITHOUT LIMITING THE FOREGOING, LMG OPTIMIZE BV SHALL NOT BE LIABLE FOR ANY DAMAGES, FINES, PENALTIES, SANCTIONS, OR LOSSES ARISING FROM: (A) YOUR FAILURE TO COMPLY WITH TAX, FISCAL, OR REGULATORY OBLIGATIONS, INCLUDING BUT NOT LIMITED TO CERTIFIED CASH REGISTER (WITTE KASSA / SCE) REQUIREMENTS; (B) YOUR FAILURE TO REGISTER FOR, COLLECT, REPORT, OR REMIT ANY TAX; (C) INACCURATE OR INCOMPLETE DATA YOU ENTER INTO THE SERVICE, INCLUDING MENU ITEMS, PRICING, OR ALLERGEN INFORMATION; (D) ACTIONS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS; (E) UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN ADEQUATE SECURITY; (F) SERVICE INTERRUPTIONS, DOWNTIME, OR DATA LOSS.
• THE TOTAL AGGREGATE LIABILITY OF LMG OPTIMIZE BV FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO LMG OPTIMIZE BV IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.
• NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) INTENTIONAL MISCONDUCT (OPZET/DOL) OR GROSS NEGLIGENCE (GROVE SCHULD/FAUTE LOURDE) OF LMG OPTIMIZE BV; OR (D) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY BELGIAN OR EU LAW.
• ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THESE TERMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION FIRST ARISES, AFTER WHICH THE CLAIM IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless LMG OPTIMIZE BV, its directors, officers, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising from or related to:

• Your use of the Service or any activity under your account
• Your violation of these Terms or any applicable law or regulation
• Your failure to comply with any tax, fiscal, or regulatory obligation, including certified cash register (witte kassa / SCE) requirements, VAT obligations, and food safety regulations
• Any claim by a tax authority, regulatory body, or government agency related to your business operations
• Your violation of any third-party rights, including intellectual property, privacy, or consumer protection rights
• Any data or content you submit, store, or display through the Service, including inaccurate pricing, missing allergen information, or misleading product descriptions
• Any claim by your customers, employees, or third parties arising from your use of the Service
• Your failure to maintain adequate security of your account credentials

14. Force Majeure

LMG OPTIMIZE BV shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to: cyberattacks, DDoS attacks, hacking, or other security incidents; natural disasters, epidemics, or pandemics; war, terrorism, riots, or civil unrest; government actions, sanctions, embargoes, or regulatory changes; power outages, telecommunications failures, or internet service disruptions; failures of third-party service providers, including hosting providers and payment processors; strikes, labor disputes, or supply chain disruptions. During any force majeure event, LMG OPTIMIZE BV's obligations under these Terms shall be suspended for the duration of such event.

15. Governing Law and Jurisdiction

These Terms are governed exclusively by the laws of Belgium, without regard to its conflict of law provisions. Any disputes arising from or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the competent courts of Belgium. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue. This does not affect your rights under mandatory consumer protection laws of your country of residence, where applicable.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on the platform at least 14 days before such changes take effect. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service before the changes take effect and may request termination of your account. It is your responsibility to review these Terms periodically.

17. General Provisions

Severability: If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. Waiver: The failure of LMG OPTIMIZE BV to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of LMG OPTIMIZE BV. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and LMG OPTIMIZE BV regarding the Service and supersede all prior agreements, understandings, and representations.

18. Contact Information

If you have questions about these Terms, contact us:

• LMG OPTIMIZE BV
• VAT: BE0785858168
• Email: legal@tablemate.be