Terms of Service

Introduction and acceptance

These Terms of Service ("Terms") govern your access to and use of websites, mobile applications, and related guest-facing services offered by Smart Dining LLC and its affiliates (collectively, "Smart Dining," "we," "us," or "our").

By creating an account, making a reservation, placing an order, joining a waitlist, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

We may update these Terms from time to time. When we post changes, we will revise the "Last updated" date and, where required by law, provide additional notice. Your continued use after the effective date constitutes acceptance of the revised Terms, except where prohibited by applicable law.

Definitions

"Services" means the Smart Dining guest platform and related features, including discovery, reservations, waitlists, pickup and pre-ordering, event booking, payments facilitated through third-party processors, messaging, loyalty or promotional tools when offered, and optional personalization or automation features.

"Restaurant" or "Merchant" means an independent food-service business, venue, or operator that uses Smart Dining tools to interact with you. Restaurants are not our employees, agents, or joint venturers unless expressly stated in writing.

"You" means the individual using the Services on their own behalf or, where permitted, on behalf of another person who authorized you.

Scope of services; marketplace role

Smart Dining provides software and connectivity that helps you find restaurants, book tables, manage visits, and place orders where enabled. We are not the merchant of record for food, beverage, or hospitality services unless expressly stated at checkout.

Restaurants set their own menus, prices (subject to platform display constraints), hours, allergen protocols, dress codes, cancellation rules, deposit requirements, and service standards. Smart Dining does not prepare food, does not control kitchen operations, and is not responsible for on-site health, safety, or licensing compliance beyond providing tools that help venues communicate requirements to you.

If a feature is labeled beta, pilot, or preview, it may be incomplete or change frequently. We may suspend or discontinue any feature with reasonable notice where practicable.

Eligibility and accounts

You must be able to form a legally binding contract in your jurisdiction and meet any minimum age required by local law (typically at least 13 years in the United States, with additional protections where higher ages apply). If you use the Services on behalf of a business, you represent that you are authorized to bind that business.

You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at the contact listed in the Privacy Policy if you suspect unauthorized access.

We may refuse service, close accounts, or limit transactions when we reasonably believe doing so is necessary for security, fraud prevention, legal compliance, or protection of other users or restaurants.

Reservations, waitlists, and deposits

Reservation and waitlist availability is determined by each Restaurant. A request shown in the Services is not confirmed until the Restaurant (or its configured rules) accepts it and you receive a confirmation through the channel we display (for example, in-app status or email).

Restaurants may require a card hold, deposit, or prepayment. Those requirements are disclosed before you commit. If you cancel late or do not show up, the Restaurant’s posted policy—and any separate authorization you approved—may apply, including fees charged through our payment partners.

Smart Dining is not liable for overbooking, wait-time estimates, or table location assignments; those matters are controlled by the Restaurant subject to local consumer laws.

Orders, pickup, and pre-orders

When you place a pickup or pre-order, you enter a direct relationship with the Restaurant for fulfillment. Estimated ready times are informational and may change due to kitchen load, inventory, or events beyond a venue’s control.

Prices, taxes, service charges, packaging fees, and tips may be calculated as shown at checkout. Display errors may occur; where a price is demonstrably incorrect due to a technical fault, the Restaurant or Smart Dining may cancel or adjust the order in line with applicable law and the Refund & Cancellation Policy.

You are responsible for reviewing allergen and dietary information the Restaurant provides. Smart Dining may surface Restaurant-supplied data but does not independently verify ingredients unless a specific verification program is expressly labeled.

Payments, fees, and third-party processors

Payments may be processed by third-party providers (such as Stripe or other region-specific partners). Your use of those services may be subject to the processor’s terms and privacy policy. Smart Dining is not responsible for processor outages except where required by law.

Smart Dining may charge platform, service, or convenience fees where disclosed at checkout. Tips, where available, pass to the Restaurant or its staff according to the venue’s policies and applicable wage laws.

You authorize us and our partners to store payment methods, perform verifications, and charge your selected payment method for authorized amounts, including adjustments for tips, refunds, or chargebacks as permitted by law.

Cancellations, no-shows, and disputes

Cancellation windows, no-show fees, and refund eligibility are governed by the Restaurant’s policy, these Terms, and the Refund & Cancellation Policy. If you dispute a charge, you agree to contact us and the Restaurant in good faith before initiating a chargeback, except where chargebacks are a statutory right.

Smart Dining may facilitate communications or refunds but is not obligated to mediate every dispute between you and a Restaurant. Nothing in these Terms requires us to issue a refund that the Restaurant has lawfully earned under its disclosed policy.

Marketing, CRM, and communications

We may send transactional messages (for example, booking confirmations and security alerts) as part of the Services. Where law requires consent for marketing, we will obtain that consent separately and honor unsubscribe or preference-center instructions.

Restaurants that receive your contact information through a booking or order may use it to operate their business subject to their own notices and applicable law. You can manage certain sharing preferences in your account settings where available.

User conduct and acceptable use

You agree not to misuse the Services, including by attempting to scrape, reverse engineer, or bypass security; submitting false information; harassing staff or other guests; manipulating reviews; or using the Services to violate export, sanctions, or anti-fraud laws.

We may remove content, suspend features, or terminate accounts that violate these Terms or our Acceptable Use Policy and Community Guidelines.

Intellectual property

Smart Dining and its licensors own the Services, including software, branding, and content we create. Restaurants own their logos, menus, and materials they upload. Subject to these Terms, we grant you a limited, personal, non-transferable license to use the Services.

You grant Smart Dining a worldwide, royalty-free license to host, cache, and display content you submit (such as reviews or photos) for operating, promoting, and improving the Services, until you delete it or close your account as permitted by law.

Third-party services and integrations

The Services may link to maps, social networks, analytics, or point-of-sale integrations. Those third parties process data under their own policies. Smart Dining is not responsible for third-party websites or apps you choose to access.

Disclaimers

Except where prohibited by law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. Automated recommendations or AI-assisted features may produce imperfect results; see the AI, Automation & Recommendations Notice.

Limitation of liability

To the maximum extent permitted by law, Smart Dining and its affiliates, officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, goodwill, or data, arising out of or related to your use of the Services.

To the extent permitted by law, our aggregate liability for any claim arising out of or relating to the Services is limited to the greater of (a) the amounts you paid to Smart Dining in platform fees (excluding food and beverage spend that passed through to restaurants) during the six months before the claim, or (b) one hundred U.S. dollars (US$100), except where such a cap is prohibited.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

Indemnification

You will defend, indemnify, and hold harmless Smart Dining and its affiliates from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your content, your misuse of the Services, your violation of these Terms, or your violation of third-party rights, except to the extent caused by our willful misconduct.

Dispute resolution; arbitration; class action waiver

Please contact us first so we can try to resolve concerns informally. If we cannot resolve a dispute, you and Smart Dining agree that disputes will be resolved by binding arbitration on an individual basis, except that either party may seek injunctive relief in court for intellectual property or misuse of the Services.

If you reside in the United States, arbitration will be administered under the rules of a recognized arbitration provider and will take place in Colorado or another mutually agreed location. You waive any right to participate in class actions or class-wide arbitration, except where such a waiver is unenforceable under applicable law.

Consumers in the European Union or United Kingdom may have mandatory rights to bring claims in the courts of their country of residence; nothing in this section limits those rights where non-waivable.

Governing law

Unless a mandatory law of your country provides otherwise, these Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law principles. Foreign users may also benefit from mandatory protections in their home jurisdiction.

Contact

Questions about these Terms: legal@gosmartdining.com. General support: use the Contact or FAQ pages within the Services. Postal: Smart Dining LLC, 4333 Corbett Drive #1071, Fort Collins, CO 80525, United States.