These Terms and Conditions (“Terms”) are a contract between you and Payble LLC. These Terms govern your use of Payble’s sites, apps, services, products and content ("Services").
By using our Services you agree to these Terms, so please read them carefully. If you don’t agree to any of these Terms, you can’t use Payble
We can change the Terms at any time. If we decide the change is substantial, we’ll email users to inform them of the changes before they take effect. If you don’t agree to the new Terms you should terminate your account before they take effect. If you use the Services after changes to the Terms have taken effect, you agree to the changes.
No kids allowed
You must be 18 years of age or older to use the Services. If we learn that someone under 18 is using the Services we’ll delete their account.
License and Acceptable Use
Payble grants you a single, limited, terminable, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use the Services.
Payble enables guests to pay for the goods and services they order (“Order”) from a restaurant from their mobile devices. To pay for your Order with the Services (“Payment”) at any of the restaurants that accept Payble’s Services (each, a “Restaurant”) you must make an account on the Services by using a valid email address and creating a password.
Payble reserves all rights to our Services. This includes trademarks, patents, designs, and all other intellectual properties. Some parts of Payble are licensed under third-party licenses. As for other parts of Payble, you may not, copy, adapt, or deconstruct any portion of our code or design unless explicitly permitted to by Payble or the law.
You may not do, or attempt to do, the following:
You acknowledge and agree that any unauthorized use of the Services could cause harm to us and that we are allowed to pursue legal action for repayment for any damages caused by your misuse of the Services.
We may modify, delete, suspend, or restrict access to any portion of the Services at any time, without notice.
To make a Payment you must first place your Order with a Restaurant. Then you may scan the QR code located at your table to view your Order’s items and make a Payment. If you scan the QR code before the Order has been created by the Restaurant you won’t be able to view or pay for your Order. From there you set the tip amount you’d like to leave the Restaurant’s staff and press the “Confirm Payment” button to pay for your Order and leave whenever you’d like. All percentage tip amounts are calculated after taxes are applied to your Order.
The first time you scan a Payble QR code we’ll ask you to provide us with a form of payment such as credit card information, or Apple Pay (each, a “Payment Method”). We’ll use the Payment Method you provide as your default Payment Method for future Payments until you remove it or change your default Payment Method for your account. If you don’t provide a valid Payment Method you can’t use the Services.
If you fail to pay the entirety of your Order after scanning the QR code, your default Payment Method will be automatically charged for your outstanding balance in addition to a 20% tip for the Restaurant’s staff. In the case where multiple users have scanned the same QR code for the same Order and failed to pay the entirely of the Order, the outstanding balance will be split and charged evenly amongst the users.
We use a third-party payment processor (“Payment Processor”) to allow you to make Payments to the Restaurant. The processing of payments will be governed by the terms, agreements and policies of our Payment Processor in addition to these Terms. You authorize us, through our Payment Processor, to bill you the amount due to the Restaurant for your Order, and taxes that apply, using your chosen Payment Method. We reserve the right to correct any errors or mistakes that our Payment Processor makes even if it has already requested or received payment from your account. Rest assured, Payble won’t charge you any fees in addition to what you owe the Restaurant and taxes that apply. If we, through our Payment Processor, do not receive payment from you, you agree to pay all amounts due on your account upon demand.
You’re responsible for all Orders made on your account either by you or someone else using your account. In the event that a Payment is not made in a reasonable amount of time, through either you or the Services failing to make a Payment properly, all Restaurants reserve the right to settle the payment with you for your outstanding balance by other means than the Services.
If you believe that you’ve been overcharged or charged incorrectly for your Order by the Restaurant, inform the Restaurant staff. If the Restaurant agrees to refund some portion of your order we’ll review your Payment. If you believe that you’ve been overcharged or charged incorrectly for your Order by the us, send an email to email@example.com from the email linked to your account with your Order number, the name of the Restaurant where the order took place, and a written statement of what about the Order is incorrect. We’ll review the charge and determine whether or not you’re eligible for a refund. While we’ll process refunds as soon as possible we make no guarantee as to when you’ll receive the refund. All refunds are at our sole discretion.
Links in the Services
Payble’s Services may contain links to other websites, these links and the Services are provided for convenience and informational purposes only. We’re not responsible for, nor are we endorsing, anything provided through these links. This includes the content, goods and services, policies, agreements, or anything else provided by these links. Use these links at your own risk. These links are not an endorsement or recommendation of the company or persons associated with the linked website unless otherwise explicitly stated by us.
Payble provides the Services to its users as is and with all faults. By using them you accept all risk associated and use them at your own discretion. This means they don’t come with any warranty. None expressed, none implied. There’s no implied warranty of fitness for a particular purpose, merchantability, security, accuracy, completeness, systems integration, title, non-infringment, non-interferance, or quality. We provide no warranty that the servers that make the Services available are free of viruses or other harmful components although we routinely check our security measures. We don’t warrant that the Services will be uninterrupted, timely, error or virus free, or that known defects or errors will be fixed but we’re always doing our best to improve.
Limitation of Liabilities
Payble won’t be held liable for any losses or damages resulting from you using the Services even if we have become aware of the possibility of losses or damages. This includes lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. And it includes any and all kinds of legal claims, such as tort, breach of contract, breach of warranty, negligence, strict liability or any other loss. We also won’t be held liable for losses or damages arising from the use of the links to other websites on our Services.
Some jurisdictions don’t offer the limitation of liability for some damages, so some of the above limitation or exclusion may not apply to you. If any of our limitations or exclusions don’t apply to you, for whatever reason, the total liability of Payble and its Affiliates will be ten dollars ($10), nothing more.
You will indemnify us and our Affiliates against any losses we may incur as a result of claims made or threatened against you or us as a result of your use of the Services or your breach of these Terms.
If we don’t exercise a particular right under this Terms, that doesn’t waive it.
If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain intact and in full effect.
Governing Law and Jurisdiction
These Terms are governed by the State of New York law, without reference to its conflict of laws provisions. You agree that any dispute arising from the Services are subject to the exclusive jurisdiction of that State.
We’re constantly looking to learn from our customers. If you have any questions or suggestions feel free to reach out to us at: firstname.lastname@example.org .