1. The Platform

TabPay provides a hospitality technology platform designed to help users browse menus, submit food and beverage orders, communicate order-related information, and support related service interactions with participating third-party venues, including casinos, restaurants, bars, lounges, and other hospitality providers (each, a “Venue”).

TabPay operates as a technology and service-enablement platform. Except where expressly stated in connection with a specific deployment or transaction, TabPay does not own, operate, manage, prepare, sell, serve, deliver, or fulfill food, beverages, or other products made available by a Venue.

All products and services offered through the Platform are offered, prepared, sold, served, and fulfilled by the applicable Venue or its service providers.

2. Independent Venues

Venues are independent third parties and are not employees, agents, joint venturers, franchisees, partners, or representatives of TabPay. TabPay does not control, and is not responsible for, Venue operations or conduct, including: product availability, menu accuracy, preparation quality, timing of service, order fulfillment, delivery performance, alcohol service decisions, staff actions or omissions, or compliance with Venue-specific operating policies.

Nothing in these Terms creates any agency, employment, partnership, or joint venture relationship between TabPay and any Venue.

3. Orders and Fulfillment

When you place an order through the Platform, you understand that the applicable Venue is solely responsible for receiving, preparing, fulfilling, and resolving issues related to that order. TabPay does not prepare, package, hand off, deliver, inspect, or verify Venue products.

TabPay is not responsible for issues arising from Venue products or fulfillment, including incorrect orders, missing items, delays, product quality concerns, spilled beverages, out-of-stock items, refusal of service, or a Venue’s failure to fulfill an order.

Cancellation, refund, replacement, and adjustment policies may vary depending on the Venue, the order stage, and the transaction structure. Any request for cancellation, refund, replacement, or billing resolution may be subject to the applicable Venue’s policies and the payment structure used for that transaction.

4. Platform Functionality and Order Transmission

The Platform is intended to facilitate digital ordering, service initiation, routing, and related communication. However, TabPay does not guarantee that any order, message, or request will be successfully transmitted, received, processed, fulfilled, or completed.

TabPay is not responsible for failures, delays, inaccuracies, or interruptions caused by factors outside its reasonable control, including: internet or network connectivity issues, Venue hardware or software failures, point-of-sale or payment system interruptions, telecommunications failures, third-party service disruptions, device malfunctions, incorrect information entered by a user, or operational issues at the Venue. You are responsible for providing accurate and complete information when using the Platform.

5. Payments and Transaction Structure

TabPay’s payment and transaction structure may vary depending on the Venue, deployment model, processor relationship, and technical implementation. Depending on the applicable Venue and configuration, transactions may be processed: by the Venue, by the Venue’s designated payment processor or merchant account, through payment rails or integrations connected to the Platform, or through another authorized third-party payment provider.

Merchant-of-record status, payment authorization, settlement flow, charge handling, and transaction responsibility may vary by Venue and implementation. Payment details, charges, fees, and transaction-related disclosures will be presented in connection with checkout or the applicable ordering flow. TabPay is not responsible for payment processor outages, declined transactions, issuer decisions, bank holds, chargebacks, or delays caused by third-party financial institutions or payment systems.

6. Payment Card Data

TabPay does not store, process, or have direct access to payment card data (including credit card numbers, CVV codes, or cardholder information). All payment card transactions are handled by the applicable Venue or a third-party payment processor operating under their own data security and compliance obligations.

You should review the applicable payment processor’s terms and privacy practices when submitting payment information through the Platform.

7. Fees

TabPay or the applicable Venue may charge service fees, convenience fees, taxes, or other transaction-related amounts in connection with orders placed through the Platform. Any applicable charges will be disclosed in connection with the transaction as presented through the applicable ordering flow. Fees, taxes, and charges may vary by Venue, location, order type, and deployment structure, and may change over time.

8. Eligibility and Minimum Age

You must be at least 18 years of age to access or use the Platform. The Platform is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, do not use the Platform or provide any information through it.

If you are between 13 and 17 years of age, you may only use the Platform with the involvement and consent of a parent or legal guardian, and you may not attempt to order alcoholic beverages or other age-restricted products. You must be of legal age in the applicable jurisdiction to purchase age-restricted products.

You must also be legally capable of entering into a binding agreement to use the Platform.

9. Alcohol and Age-Restricted Products

You may only order alcoholic beverages or other age-restricted products through the Platform if you are legally permitted to do so in the applicable jurisdiction. By attempting to order such products, you represent and warrant that you meet all legal requirements to purchase them.

TabPay does not independently verify age, identity, or sobriety. All age verification, identification checks, intoxication assessment, refusal of service, and compliance with alcohol laws or other age-restricted product laws are the sole responsibility of the applicable Venue and its staff. TabPay does not sell, serve, or deliver alcohol.

10. Gaming and Gambling Disclaimer

TabPay is a hospitality technology platform. It is not a gaming operator and does not facilitate gambling activity. TabPay does not accept wagers, process gambling transactions, operate gaming systems, determine gaming outcomes, or control any gaming-related activity. Any interaction between the Platform and a Venue environment is intended solely to support hospitality and service-related functionality.

11. SMS, Push, Email, and Other Communications

By providing your phone number, email address, browser permissions, or other contact information through the Platform, you consent to receive transactional communications related to your use of the Platform and your active orders, where applicable. These may include order confirmations, order status updates, delivery notifications, service-related notices, and account or support communications.

Message frequency may vary. Message and data rates may apply. You may opt out of certain communications by using the instructions provided in the message, adjusting your device or browser settings, or contacting support. Opting out of certain communications may affect Platform functionality or your ability to receive order updates.

12. User Accounts

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You agree to provide accurate, current, and complete information and to keep that information updated. We may suspend, restrict, or terminate accounts if we believe information is inaccurate, security is compromised, or the Platform is being misused.

13. User Responsibilities

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for: maintaining control of your device, protecting your login credentials (if applicable), ensuring the accuracy of the information you submit, complying with applicable laws and Venue rules, and using the Platform in a respectful and non-disruptive manner.

14. Prohibited Uses

You may not: use the Platform for unlawful, fraudulent, deceptive, or abusive purposes; interfere with or disrupt the Platform or related systems; attempt to gain unauthorized access to the Platform, accounts, or data; submit false orders or false information; scrape, copy, reverse engineer, decompile, or exploit the Platform except as permitted by law; upload malicious code, spam, or harmful content; or use the Platform in a way that could harm TabPay, a Venue, or other users.

15. Third-Party Services

The Platform may rely on or interoperate with third-party systems and providers, including payment processors, communications services, internet providers, Venue systems, cloud infrastructure, and other vendors. TabPay does not control and is not responsible for the acts, omissions, policies, content, security, or availability of third-party systems or services.

16. Intellectual Property and Limited License

The Platform, including its software, design, text, graphics, interfaces, trademarks, service marks, logos, and other content, is owned by or licensed to TabPay and is protected by applicable intellectual property laws.

Subject to these Terms, TabPay grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its intended personal or internal business purposes, as applicable. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Platform except with TabPay’s prior written permission.

17. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that we may collect, use, and disclose information as described in the Privacy Policy.

18. Platform Availability and Changes

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. TabPay may modify, update, suspend, restrict, or discontinue any aspect of the Platform at any time, with or without notice, for any lawful reason. We do not guarantee that the Platform will be uninterrupted, secure, error-free, or available at all times.

19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, TABPAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, TabPay does not warrant that: orders will be successfully transmitted, accepted, fulfilled, or delivered; the Platform will be uninterrupted, timely, secure, or error-free; any content, menus, pricing, or Venue information will be complete or accurate; any third-party systems or processors will function without interruption; or the Platform will meet your expectations or requirements in every circumstance.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TABPAY AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY.

This limitation applies to damages arising out of or related to: your use of or inability to use the Platform; Venue products, services, conduct, or omissions; order failures, delays, cancellations, or inaccuracies; alcohol-related service decisions; payment issues, processor failures, or billing disputes; third-party systems or communications failures; outages, bugs, or security incidents; or reliance on any information made available through the Platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, TABPAY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT OF SERVICE FEES, IF ANY, PAID DIRECTLY TO TABPAY BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50.00). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you to the extent prohibited by law.

21. Indemnification

You agree to defend, indemnify, and hold harmless TabPay and its affiliates, officers, managers, employees, contractors, licensors, and service providers from and against any claims, demands, actions, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Platform, your violation of these Terms, your violation of any law, rule, or regulation, your infringement of any third-party right, or your misuse of the Platform.

22. Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact TabPay at support@tabpaycasino.com and provide a written description of the dispute, the relief sought, and your contact information. TabPay will attempt to resolve the dispute informally within 30 days of receipt.

If the dispute is not resolved informally, you and TabPay agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform through binding arbitration under the rules of the American Arbitration Association (“AAA”) then in effect, rather than in court, except as otherwise provided herein. The arbitration will be conducted in Dane County, Wisconsin, or by remote means where feasible. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, and either party may bring a claim in small claims court for disputes within that court’s jurisdiction.

23. Class Action Waiver

YOU AND TABPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and TabPay agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

24. Electronic Communications

By using the Platform, you agree to receive these Terms, disclosures, notices, and other communications electronically, including through the Platform, by email, by SMS where applicable, or by other electronic means. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

25. Termination

TabPay may suspend, restrict, or terminate your access to the Platform, in whole or in part, at any time, with or without notice, for any lawful reason, including suspected misuse, security concerns, nonpayment, legal compliance, or violation of these Terms. You may stop using the Platform at any time.

26. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles, except to the extent superseded by applicable federal law. Any disputes not subject to arbitration under Section 22 will be resolved exclusively in the state or federal courts located in Dane County, Wisconsin, and you consent to personal jurisdiction in those courts.

27. Force Majeure

TabPay will not be liable for any delay, failure, or interruption resulting from causes beyond its reasonable control, including acts of God, internet outages, telecommunications failures, cyber incidents, labor disputes, governmental actions, Venue system failures, payment processor disruptions, cloud service interruptions, or other third-party infrastructure failures.

28. Severability

If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

29. Waiver

No waiver by TabPay of any provision or breach of these Terms will be deemed a waiver of any other provision or any subsequent breach.

30. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without TabPay’s prior written consent. TabPay may assign these Terms, in whole or in part, in connection with a merger, acquisition, restructuring, sale of assets, financing, or by operation of law.

31. Survival

Any provisions of these Terms that by their nature should survive termination or expiration will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and class action waiver.

32. Entire Agreement

These Terms, together with any incorporated policies or disclosures, including the Privacy Policy and any transaction-specific disclosures presented through the Platform, constitute the entire agreement between you and TabPay regarding the Platform and supersede prior or contemporaneous understandings relating to the same subject matter.

33. Changes to These Terms

TabPay may update these Terms from time to time. Updated Terms will be effective upon posting unless otherwise stated. Your continued use of the Platform after updated Terms are posted constitutes your acceptance of the revised Terms.

34. Contact Information

1. Scope of This Privacy Policy

This Privacy Policy applies to information collected by TabPay through the Platform, including:

• The public TabPay website
• Request-a-demo and contact or inquiry forms
• Downloadable resources or overview materials
• QR-based ordering experiences
• Mobile web ordering interfaces
• Related account, support, and communications functionality

This Privacy Policy does not apply to information collected directly by a Venue, payment processor, carrier, browser provider, device manufacturer, or other third party operating outside the TabPay Platform.

Venues are independent third parties and may maintain their own privacy practices. We encourage you to review the privacy policies of any Venue you interact with where applicable.

2. Information We Collect

We collect information that is reasonably necessary to operate the Platform, support ordering and service-related functionality, respond to business inquiries, maintain security, and improve performance.

Information You Provide

Depending on how you use the Platform, we may collect information such as: name, business or venue name, job title, email address, phone number, account credentials, order details, special instructions, venue or location information associated with an order, communications or support requests, preferences or account settings, and any other information you choose to submit through forms, messages, or inquiries.

Website Inquiry and Demo Request Information

If you submit a request-a-demo form, contact form, or other inquiry through the website, we may collect information such as your name, company or property name, job title, email address, phone number, location or venue information, inquiry type, and message contents. We use this information to respond to inquiries, provide requested materials, schedule demos, evaluate business opportunities, and maintain records of communications.

Downloadable Materials

If you request or access downloadable materials, such as a company overview or product PDF, we may collect information you provide in connection with that request, such as your name, company, email address, phone number, or other business contact details, depending on how the download flow is configured.

Ordering and Account Information

If you use the ordering or account features of the Platform, we may collect information such as account registration information, login credentials, order history, order timing and status, guest checkout information, contact details used for order-related updates, and support or issue-resolution communications. If you place an order as a guest, we may collect only the information needed to support that transaction or related communications.

Information Collected Automatically

When you access or use the Platform, we may automatically collect certain technical and usage information, including: IP address, browser type, device type, operating system, pages or screens viewed, referral information, timestamps, session activity, general interaction and usage data, and diagnostic, error, and performance data. This information helps us operate the Platform, maintain security, troubleshoot issues, understand website engagement, and improve reliability and usability.

Location and Venue Context

Because the Platform may be accessed through venue-specific QR codes or service points, we may collect or infer venue-related context associated with your order or session, such as the relevant venue, zone, or ordering location tied to the access point you used.

3. How We Use Information

We may use personal information and other data for the following purposes:

• To provide, operate, and maintain the Platform
• To enable menu browsing, ordering, routing, and order-related functionality
• To transmit relevant order information to the applicable Venue or service workflow
• To send transactional communications, including order confirmations and status updates
• To provide customer service and support
• To respond to demo requests, contact submissions, and other inquiries
• To provide requested downloadable resources or follow-up materials
• To communicate with potential venue partners, operators, or business contacts
• To authenticate users and manage accounts
• To improve Platform reliability, stability, and technical functionality
• To monitor usage, prevent misuse, and maintain security
• To comply with legal obligations
• To enforce our Terms of Service and other policies
• To investigate fraud, abuse, security incidents, or operational issues

We may also use information in aggregated or de-identified form where permitted by law.

4. How We Share Information

We do not sell personal information. We share information only as reasonably necessary for Platform operation, communications, service delivery, business support, legal compliance, or other purposes described in this Privacy Policy.

With Participating Venues

When you place or attempt to place an order through the Platform, we may share relevant information with the applicable Venue, including order details, service-related information, and contact information where needed to facilitate fulfillment, communication, or issue resolution. Because Venues are independent third parties, their handling of information is governed by their own policies and practices.

With Service Providers

We may share information with trusted third-party vendors, contractors, and service providers that support the Platform or our business operations, such as providers for: cloud hosting and infrastructure, analytics and diagnostics, communications and messaging, customer relationship management, customer support tools, form handling and lead routing, fraud prevention and security, software development and monitoring, email delivery, push notifications, and payment-related technical services. These parties may access information only as needed to provide services to us or on our behalf.

With Payment Providers and Transaction Participants

Payment and transaction-related information may be shared with the applicable Venue, the Venue’s designated processor, payment providers connected to the Platform, or other authorized third parties involved in the applicable transaction flow. Because TabPay’s transaction structure may vary depending on the Venue and deployment model, payment-related data handling may differ by implementation.

For Legal and Protection Purposes

We may disclose information where reasonably necessary to: comply with law, regulation, subpoena, court order, or legal process; respond to lawful governmental requests; protect the rights, property, or safety of TabPay, users, Venues, or others; investigate fraud, abuse, security incidents, or operational issues; or enforce our agreements and policies.

Business Transfers

We may disclose or transfer information in connection with an actual or proposed merger, acquisition, financing, restructuring, sale of assets, or similar corporate transaction.

5. Payments

TabPay’s payment structure may vary depending on the Venue, deployment model, processor relationship, and technical configuration. Depending on the applicable transaction, payment information may be collected, processed, or transmitted by the Venue, the Venue’s designated payment processor, payment tools connected to the Platform, or another authorized third-party provider.

TabPay does not represent that the same payment structure applies to every Venue or deployment. Where payment-related functionality is presented through the Platform, relevant payment details and transaction disclosures will be provided in connection with the applicable checkout or order flow.

TabPay does not store or have access to full payment card numbers. Any payment card data present in a transaction flow is handled exclusively by authorized payment providers, tokenization services, or secure technical workflows operating under their own data security and compliance obligations.

6. SMS, Push, Email, and Other Communications

If you provide contact information or enable certain device permissions, we may send communications related to your use of the Platform, your active orders, or your inquiries, including: order confirmations, order status updates, delivery notifications, support messages, service-related notices, account or security communications, responses to demo requests or contact inquiries, and follow-up communications related to requested materials or business outreach.

Where required by law or where applicable to the communication type, we will provide opt-out mechanisms or follow the permissions and choices you provide. Message frequency may vary. Message and data rates may apply for SMS communications.

You may opt out of certain communications using the instructions provided in the message, by adjusting your device or browser settings where available, or by contacting us where applicable. Opting out of some communications may affect your ability to receive updates about active orders or Platform functionality.

7. Cookies and Similar Technologies

We and our service providers may use cookies, local storage, session technologies, and similar tools to: keep you signed in, maintain session continuity, support security and fraud prevention, remember preferences, and support essential Platform functionality.

We do not use analytics cookies or tracking technologies to monitor website usage. We do not use third-party advertising cookies or engage in cross-site behavioral advertising.

You may be able to manage cookies and similar technologies through your browser or device settings, but some Platform features may not function properly if these tools are disabled.

8. Data Retention

We retain information for as long as reasonably necessary for the purposes described in this Privacy Policy, including to: operate and improve the Platform, support transactions and service records, respond to demo requests and business inquiries, provide requested downloadable materials, maintain security and fraud prevention, comply with legal, tax, accounting, or regulatory obligations, and resolve disputes and enforce agreements.

Retention periods may vary depending on the type of information, the relevant Venue relationship, the transaction structure, and applicable legal requirements.

If you create an account, we may retain related account information until the account is deleted or no longer needed for legitimate business or legal purposes. If you place an order as a guest, we may retain associated information for a limited period as needed for transaction support, operational records, security, and legal compliance. If you submit a demo request, contact form, or download request, we may retain that information as needed to respond, follow up, and maintain business records.

9. Data Security

We use reasonable administrative, technical, and organizational measures designed to protect information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute security. You are responsible for maintaining the security of any credentials used to access the Platform.

10. Your Choices and Rights

Depending on how you use the Platform and the laws that apply to you, you may have the ability to: access or update certain account information; request correction of inaccurate information; request deletion of certain information; opt out of non-essential communications; and disable cookies or browser-based storage through your device or browser settings.

To make a request, contact us at support@tabpaycasino.com. We will respond in accordance with applicable law and subject to any lawful exceptions. Please note that certain information may be retained for legal compliance, security, or other lawful purposes even after a deletion request.

11. Children’s Privacy

The Platform is not directed to children under 18, and we do not knowingly collect personal information from children under 18 through the Platform. If you believe that a child under 18 has provided personal information through the Platform, please contact us so we can review and address the issue as appropriate.

Additionally, consistent with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete it. To report a concern, contact us at support@tabpaycasino.com.

12. Third-Party Links and Services

The Platform may contain links to or rely on third-party services, tools, or systems. We are not responsible for the privacy, security, or data-handling practices of third parties that operate outside the TabPay Platform. We encourage you to review the privacy policies of any third-party services you access through or in connection with the Platform.

13. Governing Law

This Privacy Policy is governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles, and is subject to the Governing Law and Dispute Resolution provisions in our Terms of Service.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will update the “Last Updated” date above. Changes become effective when posted unless otherwise stated. Your continued use of the Platform after an updated Privacy Policy is posted means you acknowledge the revised policy.

15. Contact Us