Terms of Service

Last updated: December 28, 2024

1. Agreement to Terms

By accessing or using TableMate ("Service"), operated by LMG OPTIMIZE BV (VAT: BE0785858168), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and LMG OPTIMIZE BV.

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. The Service is provided "as is" and LMG OPTIMIZE BV makes no guarantees regarding uptime, availability, or fitness for any particular purpose.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By registering, you represent that you meet these requirements and that all information you provide is accurate and complete.

3.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Providing accurate and complete information
  • Any damages or losses resulting from your failure to secure your account

4. Subscription Plans, Pricing and Commissions

4.1 Plans

We offer the following subscription plans:

  • Starter (Free): Up to 50 products, 1.5% OR €0.15 per sale (excl. PSP fees)
  • Professional Monthly: €30/month, unlimited products, 1% OR €0.05 per sale (excl. PSP fees)
  • Professional Yearly: €300/year, unlimited products, 1% OR €0.05 per sale (excl. PSP fees)

4.2 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. Commission fees are automatically deducted from the payment before settlement to your account.

4.3 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.

4.4 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.

5. Acceptable Use

5.1 Permitted Use

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

5.2 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 in any way that could damage our reputation

6. Content and Intellectual Property

6.1 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.

6.2 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, or reverse engineer any part of the Service.

7. Payment Processing

All customer payments are processed through third-party payment processors such as Mollie. By using our Service, you agree to the terms and conditions of these payment processors. LMG OPTIMIZE BV is not responsible for any issues, delays, failures, or losses arising from payment processing services, including but not limited to failed transactions, chargebacks, fraud, or processing errors. You are responsible for any fees charged by payment processors in addition to our commission fees.

8. 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

9. 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 without notice
  • Modify or discontinue any features without prior notice
  • Limit or restrict access to the Service
  • Experience downtime due to maintenance, updates, or technical issues

LMG OPTIMIZE BV shall not be liable for any losses, damages, or inconvenience caused by service interruptions or unavailability.

10. Termination

10.1 By You

You may terminate your account at any time. Upon termination, your access to the Service will cease. No refunds will be provided for any remaining subscription period.

10.2 By Us

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

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay subscription or commission fees
  • Cause harm to our Service, reputation, or other users
  • For any other reason at our sole discretion

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

11.1 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 BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LMG OPTIMIZE BV, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR 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, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless LMG OPTIMIZE BV and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your content; or (e) any claim that your use of the Service caused damage to a third party.

13. 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 these Terms or your use of the Service shall be resolved exclusively in the courts of Belgium. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We may notify you of changes by email or through the Service, but are not obligated to do so. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and LMG OPTIMIZE BV regarding the Service.

16. Contact Information

If you have questions about these Terms, contact us:

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