Terms of Service

1. Acceptance of Terms

By accessing or using Table Swap ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service. Your use of the Service constitutes your acceptance of these Terms and your agreement to comply with all applicable laws and regulations.

2. Eligibility

You must be at least 18 years old to use Table Swap. By using our Service, you represent that you meet this age requirement.

3. Service Description

TableSwap is an AI-powered personal assistant for restaurant reservations, delivered over iMessage. The Service monitors availability across Resy, OpenTable, and SevenRooms, sends smart last-minute notifications when tables open at your favorite restaurants, and processes plain-language requests (e.g., "find me something good tonight"). The Service is currently available for restaurants in New York City.

Subscription Plan ($25/month): Access to the AI assistant, real-time availability notifications, last-minute table alerts, and plain-language reservation requests over iMessage. There is no per-booking fee. Your subscription fee is for access to the Service—not for reservations themselves.

Concierge Plan: Invite-only and currently closed to new members. Existing Concierge members are governed by the terms of their individual agreements.

Important: We are not affiliated with any restaurants and act solely as an intermediary and notification service. All reservations are made in your name directly with the restaurant. We do not sell, resell, auction, or transfer reservations. Your subscription provides access to our tools and notification services only.

We reserve the right to modify, suspend, or discontinue any part of our services at any time.

4. User Accounts

• You must create an account and provide accurate information
• You are responsible for maintaining the confidentiality of your account
• You must approve your profile before using our service
• You are responsible for all activities under your account

5. Service Fees and Payment

TableSwap operates on a flat monthly subscription model. There is no free trial and no per-booking fee. Your subscription fee is for access to the AI assistant, notification services, and related tools—not for reservations themselves.

• Subscription: $25 per month, billed monthly in advance. Includes full access to the AI assistant over iMessage, availability notifications, and last-minute table alerts with no per-booking charges.
• Subscription fees are charged automatically each month on your billing date
• Payment is processed through Stripe
• Subscription fees are separate from any restaurant prepayment requirements. If a restaurant requires prepayment to hold a reservation, that amount is separate from your subscription and is paid directly to the restaurant
• You may cancel your subscription at any time, subject to the terms outlined in Section 8
• Upon cancellation, you will retain access to the Service until the end of your current billing period
• Refund policies are outlined in Section 8
• We reserve the right to modify subscription pricing with 30 days' notice to existing subscribers

6. Referral Program

Table Swap offers a referral program where existing users can refer new users to the platform and earn cash rewards.

• Referrers earn cash rewards for each new user they refer who makes a successful reservation through Table Swap
• The reward is paid in cash, or Table Swap credit, and will be transferred to the referrer's connected bank account or debit card via method of Table Swap's choosing
• To receive referral payments, you must set up the according account and provide valid bank account or debit card information
• Referral rewards are only paid when the referred user completes their first successful reservation and the reservation is confirmed
• Self-referrals, fraudulent referrals, or referrals using duplicate accounts are prohibited and will result in forfeiture of rewards and possible account termination
• Referral payments are typically processed within 5-10 business days after the referred user's reservation is confirmed
• We reserve the right to modify, suspend, or terminate the referral program at any time without prior notice
• Referral rewards are subject to applicable tax reporting requirements, and you are responsible for reporting any income from referrals
• We reserve the right to withhold or reverse referral payments if we detect fraudulent activity or violations of these Terms
• There is no limit to the number of referrals you can make, but all referrals must be legitimate new users
• Referral links and codes are unique to each user and should not be shared publicly in a way that violates spam or advertising regulations

7. Service Limitations

• We do not guarantee availability of reservations at any specific restaurant
• We are not affiliated with restaurants and cannot control their policies, capacity, or availability
• Reservation availability depends entirely on restaurant capacity, policies, and discretion
• We make commercially reasonable efforts to assist with booking requests, but cannot guarantee any specific reservation outcome
• Notification service is provided on a best-effort basis only
• We do not guarantee delivery of notifications or their timeliness
• System downtime, API failures, or technical issues may affect service availability
• Notifications may be delayed, missed, or not delivered due to technical limitations
• We are not responsible for third-party API limitations or changes
• Restaurants may change their policies, availability, or reservation systems at any time without notice

8. Cancellations and Refunds

Subscription Cancellation: You may cancel your subscription at any time. Upon cancellation, you will retain access to the Service until the end of your current billing period. No refunds will be provided for the current billing period, but you will not be charged for future periods.

Subscription Fees: All subscription fees are non-refundable once charged. Your subscription fee provides access to the AI assistant and notification services regardless of whether any specific reservation is secured. Inability to find a particular table does not entitle you to a refund.

Restaurant Prepayments: If a restaurant requires prepayment to hold a reservation, that amount is entirely separate from your subscription fee and is paid directly to the restaurant. If a restaurant cancels a reservation for which prepayment was made, we will assist you in pursuing a refund from the restaurant. Your subscription fee is not refundable in such circumstances.

Cancellation Fees: If you no-show or cancel within a restaurant's cancellation window, you are solely liable for any fees the restaurant charges. These are separate from your subscription and are your responsibility.

• Discretionary Refunds: We reserve the right to provide refunds at our sole discretion based on individual circumstances
• Technical Issues: If technical issues prevent you from accessing the Service for an extended period (more than 48 hours), we may consider a partial refund or credit at our discretion
• Refund Processing: Approved refunds will be processed to your original payment method within 5-10 business days
• Refund Requests: Contact us at concierge@tableswap.app with your account details and reason for your request

9. SMS Messaging and Communications

• By providing your phone number and consenting during account creation, you agree to receive SMS/text messages from TableSwap
• SMS messages may include reservation confirmations, availability alerts, service updates, and customer support communications
• Message frequency varies based on your activity and preferences, typically 1-5 messages per week
• Standard message and data rates may apply from your mobile carrier
• You can opt-out of SMS messages at any time by replying "STOP" to any message or contacting us at concierge@tableswap.app
• We use SMS services provided by third-party providers and cannot guarantee delivery of all messages
• You are responsible for keeping your phone number current in your account settings
• We will not share your phone number with restaurants or third parties except as necessary to provide our services

10. Notification and AI Assistant Terms

Your subscription includes access to the AI assistant over iMessage and real-time availability notifications across Resy, OpenTable, and SevenRooms. Notification delivery is provided on a best-effort basis and is not guaranteed.

• The notification service and AI assistant require an active subscription
• You must provide accurate contact information (phone number and email) for notifications and account communications
• You are responsible for maintaining current contact information
• Notifications are generated based on your preferences and real-time restaurant availability on third-party platforms
• We reserve the right to modify notification frequency, content, and delivery methods
• You may manage your notification preferences through your account settings or by contacting us
• We are not responsible for missed or delayed notifications due to technical issues, third-party platform changes, or carrier limitations
• Notification delivery is not guaranteed and may be affected by iMessage availability, third-party APIs, or system downtime
• The AI assistant operates on a best-effort basis; it does not guarantee any specific reservation outcome

11. User Responsibilities

• Maintain an active subscription to access the Service
• Provide accurate information for your account, reservation requests, and communications
• Review and confirm reservation details before attending
• Once a reservation is confirmed, you are responsible for attending or making alternative arrangements directly with the restaurant
• Arrive at restaurants on time and behave appropriately
• Comply with restaurant policies and local laws
• You are solely responsible for your conduct at restaurants
• Maintain current contact information for notifications and account communications
• Act promptly on notifications, as restaurant availability changes quickly
• Use the Service responsibly and in accordance with restaurant policies
• Your subscription fee is for access to our services and is separate from any restaurant prepayment requirements
• All reservations are made in your name with the restaurant; you are the party responsible to the restaurant for the reservation

12. Prohibited Uses

You may not:

• Provide false or misleading information
• Use the Service for illegal purposes or in violation of any applicable laws or regulations
• Interfere with the Service's operation, security, or functionality
• Create multiple accounts to circumvent limitations or restrictions
• Share your notification access, account credentials, or subscription benefits with others
• Use notifications or reservations for commercial purposes, resale, or transfer without permission
• Attempt to reverse engineer, hack, or compromise our systems or security measures
• Use automated tools, scripts, or bots to abuse our notification service or reservation systems
• Provide false contact information for notifications or reservations
• Engage in referral fraud, including self-referrals, fake accounts, or other deceptive practices
• Share referral links in a manner that violates spam, advertising, or solicitation laws
• Use the Service to attempt to sell, resell, auction, or transfer reservations obtained through our Service

13. Limitation of Liability

• Table Swap's total liability for any claims arising from or related to the Service is limited to the amount you paid for your subscription in the twelve (12) months preceding the claim, or one month's subscription fee, whichever is less
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption
• We are not responsible for restaurant service, food quality, dining experience, or any interactions between you and restaurants
• We are not liable for restaurants' failure to honor reservations, changes to restaurant policies, or restaurants' refusal to accept reservations, except as provided in Section 8 regarding restaurant cancellations and prepayment refunds
• Once a reservation is confirmed to you by the restaurant, we have no further obligations or liability beyond what is explicitly stated in these Terms
• We are not liable for missed notifications, delayed notifications, or notification delivery failures
• We are not responsible for third-party API failures, system downtime, technical issues, or changes to third-party systems that affect our services
• We are not liable for your failure to act on notifications in a timely manner
• We are not responsible for changes in restaurant availability after notifications are sent or after we assist in securing a reservation
• Our total liability for any claims related to the notification service is limited to one month's subscription fee
• We are not liable for delays or failures in processing referral payments due to Stripe, banking issues, or other third-party service failures
• We are not responsible for tax implications of referral earnings
• We are not liable for any damages arising from your use or inability to use the Service, even if we have been advised of the possibility of such damages
• Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you

14. Indemnification

You agree to indemnify, defend, and hold harmless Table Swap, its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your conduct at restaurants or interactions with restaurants; (d) any reservation made in your name; (e) any inaccurate information you provide; or (f) your violation of any rights of another party.

15. Privacy and Communications

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By creating an account and providing your phone number, you expressly consent to receive SMS and iMessage communications from TableSwap for the following purposes:

• Reservation availability alerts and last-minute table notifications
• AI assistant responses to your reservation requests
• Reservation confirmations and updates
• Service-related communications
• Account security notifications
• Customer support messages
• Marketing communications (you may opt out at any time)

Message and data rates may apply. You may opt out of marketing communications at any time by replying "STOP" to any message or contacting us directly. Standard messaging rates apply as determined by your mobile carrier.

Email Waitlist Consent: By providing your email address to TableSwap, you expressly authorize us to add your email to waitlists for restaurants on third-party reservation platforms, including Tock and Sevenrooms, on your behalf in order to provide the Service. We will only submit your email to these platforms for the purpose of securing reservation availability for you. We are not affiliated with Tock or Sevenrooms and are not responsible for their data practices, which are governed by their respective privacy policies.

16. Modifications

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

17. Termination

• You may cancel your subscription and terminate your account at any time through your account settings or by contacting us
• Upon cancellation, you will retain access to your plan features until the end of your current billing period
• We may terminate or suspend accounts or subscriptions immediately, without notice, for violation of these Terms, fraudulent activity, or any other reason we deem necessary to protect the Service or other users
• Termination does not affect existing reservation obligations or any prepayment amounts paid to restaurants, which remain your responsibility
• No refunds will be provided for the current billing period upon termination, except as provided in Section 8
• Upon termination, your right to use the Service immediately ceases, and we may delete your account and data in accordance with our Privacy Policy

18. Governing Law

These Terms are governed by California law and any disputes will be resolved in California courts.

19. Consumer Rights and Dispute Resolution

• You have the right to cancel your subscription at any time, subject to the terms outlined in Section 8
• You have the right to dispute any charges with your payment provider
• We are committed to fair dispute resolution and will work with you to resolve issues in accordance with these Terms
• For disputes, contact us first at concierge@tableswap.app before escalating to your payment provider or other third parties
• We will respond to all dispute inquiries within 5 business days
• All disputes will be resolved in accordance with these Terms and the refund policy outlined in Section 8

20. Contact Information

For questions about these Terms, contact us at concierge@tableswap.app.