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 ($15/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.

Auto-Book Feature: TableSwap offers an optional "auto-book" feature that, when enabled by you for a specific restaurant request, allows our system to automatically claim a matching reservation on your behalf without a separate booking confirmation for that request. This feature is entirely optional and must be explicitly enabled by you. Auto-book is currently offered for supported Resy workflows and, where available, other reservation platforms we integrate with. You acknowledge that automated booking on a third-party platform may be inconsistent with that platform's terms of service, and that the platform may, at its sole discretion, restrict, suspend, or terminate your account as a result. By enabling auto-book, you assume all risk associated with its use on each connected platform. TableSwap is not responsible or liable for any consequences to your third-party reservation accounts, including account suspension or termination. We do not represent or warrant that auto-book complies with any third-party platform's policies.

Restaurant Charges and Auto-Book Authorization: Restaurants and reservation platforms may require a booking-time charge such as a deposit, prepayment, reservation fee, or other amount charged to your card when the reservation is made. When you enable auto-book for a request and we can determine a supported charge amount and its refund or non-refundability terms in advance, we disclose them to you — the restaurant, date(s), party size, per-person or total amount, a maximum total ceiling, and the refund terms — at the time we set up the auto-book. By keeping auto-book enabled after that disclosure, you authorize us to accept and complete that booking-time charge on your behalf, up to the disclosed ceiling and on refund terms equal to or better than those disclosed, without asking you again for that request. You may cancel or disable the auto-book at any time before a matching table is claimed, and no such charge will be made. Exception — high-risk non-refundable charges: if the disclosed charge is always non-refundable and the party total exceeds $100, we will not enable standing auto-book. We watch for the table instead, text you when one opens (including the charge), and only book that slot if you reply yes. Restaurant charges are imposed by and paid to the restaurant or reservation platform, not TableSwap. TableSwap does not mark up or retain those charges.

When we will ask again: Even with auto-book enabled, we will ask for a fresh confirmation before completing a booking or accepting a charge when: the actual amount would exceed the disclosed ceiling; the party size, venue, currency, or charge type does not match what we disclosed; the actual refund terms are unknown or materially worse than those we disclosed; or the matching table would be booked inside the restaurant's free-cancellation window in a way that could create surprise cancellation fees. If we cannot determine and disclose a charge amount in advance, auto-book remains fail-closed for that money decision and we will ask at booking time instead of charging silently.

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. New subscribers receive a 7-day free trial. You will not be charged until the trial period ends. You may cancel at any time during the trial without being charged. There is no per-booking fee. Your subscription fee is for access to the AI assistant, notification services, and related tools—not for reservations themselves.

• Subscription: $15 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 restaurant booking charges. Deposits, prepayments, reservation fees, and similar amounts charged by a restaurant or reservation platform are separate from your subscription and are paid directly to that restaurant or platform
• 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 eligible members a referral program with subscription discounts and credits.

• An eligible referred friend receives a seven-day free trial and $7.50 off their first successful paid subscription invoice
• The referrer earns one $15 subscription credit after the referred friend makes that first successful, non-zero payment
• Referral rewards are account credits only; they are not cash, are not transferable, and cannot be withdrawn
• A referred friend may use one referral offer, and an accepted referral attribution cannot be changed
• Earned credits may stack and are applied to eligible future subscription invoices without reducing an invoice below zero
• Self-referrals, fraudulent referrals, or referrals using duplicate accounts are prohibited and will result in forfeiture of rewards and possible account termination
• We may withhold or reverse a discount or credit associated with fraud, payment reversal, abuse, or a violation of these Terms
• We may modify, suspend, or end the referral program, but credits already earned under the stated offer remain on the member's account unless forfeited for fraud or abuse
• 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 must not be shared in a way that violates spam, advertising, endorsement-disclosure, or solicitation laws

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 Booking Charges: If a restaurant or reservation platform requires a deposit, prepayment, reservation fee, or similar booking-time charge, that amount is entirely separate from your subscription fee and is paid directly to the restaurant or platform under their policies. Advance authorization through TableSwap, when given, only permits us to accept a disclosed charge within the authorized ceiling and terms for that request; it does not transfer liability for the restaurant's charge, refund rules, or disputes to TableSwap. If a restaurant cancels a reservation for which such a charge was made, we will assist you in pursuing a refund from the restaurant or platform. 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. An advance booking-charge authorization does not waive our practice of seeking your confirmation when an auto-book would occur inside a free-cancellation window that could create those fees.

• 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 in applying referral discounts or credits caused by Stripe or other third-party service failures, but earned credits remain recorded on the member's account
• 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
• Auto-Book: We are not liable for any consequences arising from your use of the optional auto-book feature on Resy, including but not limited to the restriction, suspension, or termination of your Resy account by Resy. You assume all risk by enabling this feature
• 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.