SquareMarket Technologies, Inc. (dba Tab Commerce)
Last modified: August 29, 2025
Effective Date: August 29, 2025
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER
Please read these Terms carefully. They include a binding arbitration agreement and a waiver of your right to participate in class actions. Except as otherwise provided, any disputes between you and Tab Commerce will be resolved through final and binding arbitration on an individual basis. By using our services, you agree to these terms. You have the right to opt out of arbitration as described in the Arbitration section below.
These Platform Terms and Conditions of Use for www.tabcommerce.com (the “Platform”) constitutes a legal agreement and are entered into by and between you and SquareMarket Technologies, Inc. and Tab Commerce Services, Inc. (both dba Tab Commerce) ("Tab Commerce", "we", "us", "our").
The following Platform Terms and Conditions of Use, together with our Privacy Policy, found linked here, and any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the Platform.
You agree that your electronic signature is the legal equivalent of your manual signature and has the same force and effect. You further agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your electronic signature.
BY USING THE PLATFORM OR CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THESE PLATFORM TERMS AND CONDITIONS, OUR GENERAL TERMS AND CONDITIONS FOR SERVICES LINKED HERE, AND OUR PRIVACY POLICY LINKED HERE, ALL OF WHICH ARE INCORPORATED BY REFERENCE. YOU FURTHER AGREE THAT YOUR ELECTRONIC ACCEPTANCE CONSTITUTES YOUR LEGAL SIGNATURE, WITH THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE, AND THAT NO CERTIFICATION AUTHORITY OR THIRD-PARTY VERIFICATION IS REQUIRED FOR ENFORCEABILITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
By using this Platform, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with Tab Commerce and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
We may change these Terms and Conditions at any time in our sole discretion without notice. Any changes are effective immediately upon posting and apply to all access to and continued use of the Platform. By periodically reviewing the Terms and Conditions and continuing to use the Platform, you agree to accept any modifications.
The information and material on this Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user's internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Platform, requires user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. This is particularly crucial for our restaurant clients utilizing our artificial intelligence (“AI”) model and real-time cost control tools.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, and bulletin boards (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found linked here.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. Given the sensitive nature of the purchasing recommendations and insights provided, it is essential that you safeguard your login information. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.
The following Platform Content Standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions.
Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. This includes any rules or laws pertaining to restaurant management, procurement, and expense control.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:
Ownership of intellectual property:
Use of our intellectual property:
You have no right, title, or interest in or to the Platform or to any content on the Platform, including but not limited to data analytics, AI models, and other technologies, and all rights not expressly granted are reserved by Tab Commerce. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
The Platform may contain Interactive Functions allowing User Submissions on or through the Platform.
None of the User Submissions you submit to the Platform will be subject to any confidentiality by Tab Commerce unless required by law. By providing any User Submission to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose related to maintenance and improvement of the Platform, including but not limited to the improvement of Tab Commerce’s AI algorithms, analytics models, and other technologies, and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and and regulations including but not limited to securities laws and regulations, including but not limited to procurement and anti-corruption laws, and the Conditions of Use and User Submissions and Platform Content Standards (See Section 4) set out in these Terms and Conditions.
You understand and agree that you, not Tab Commerce nor its parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, including but not limited to any data or insights derived from your restaurant operations, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy, as well as for any purchasing decisions or contractual obligations made or entered into based on such content.
We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform.
You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation:
Tab Commerce has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS TAB COMMERCE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TAB COMMERCE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER TAB COMMERCE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Platform or its use, or associated social media accounts, and do not and cannot undertake to review material that you or other users submit to the Platform or associated social media accounts. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Tab Commerce currently uses Astrada and the Payment Card Networks (Visa and Mastercard) to monitor card transactions for your use of the Tab Commerce platform. Your agreement to the Tab Commerce Terms of Service authorizes Astrada and the Payment Card Networks to monitor the transactions made with your registered eligible payment cards via the Tab Commerce platform. The data collected from Astrada includes your registered card identifier, merchant, transaction date/time, amount and other transaction elements (currency, Payment Card Network etc).
Your company has obtained consent, as recognized under applicable law, from you as a cardholder of an Eligible Payment Card. This consent authorizes Payment Card Networks to access and share your transaction details with Tab Commerce and your company to facilitate your use of the Tab Commerce platform.
You acknowledge that Visa or Mastercard may be unable to monitor every transaction made with your enrolled Visa and Mastercard including some PIN-based purchases on debit cards (debit transactions should be authorized via signature and not PIN in order to be monitored), purchases you initiate through identification technology that substitutes for a PIN, payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa or Mastercard payment systems, and that these transactions are not eligible. You may opt out of this monitoring at any time by accessing your Tab Commerce account and deleting your registered card(s) from the platform. If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the Tab Commerce platform.
Not all Visa and Mastercard cards are eligible for registration, including some PIN based purchases on debit cards (debit transactions should be authorized via signature and not PIN in order to be monitored), purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a third party payment app, where you may choose your Visa and Mastercard card as a funding source but you do not present your card directly to the merchant). Visa and Mastercard non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa and Mastercard-branded cards whose transactions are not processed through the Visa payment system and Mastercard payment system are not eligible to participate.
The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. While we aim to offer valuable data-driven insights and recommendations, these should not be your sole basis for making financial or operational decisions. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date.
Your use of the Platform is at your own risk and neither Tab Commerce nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.
This Platform includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Tab Commerce, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Tab Commerce. Neither Tab Commerce nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found linked here, as we deem necessary for use of the Platform.
By using this Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. These cookies may also facilitate the functionality of our analytical tools and services. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see privacy policy.
For your convenience, this Platform may provide links or pointers to third-party sites, including integrations with third-party APIs or services that facilitate our analytical tools and functionalities. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linking must also be in compliance with our Terms and Conditions, and any relevant data protection or privacy laws.You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, including any implied endorsement or association with any specific third-party services or APIs. Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Platform Content Standards (See Section 4). You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. Failure to comply may result in the termination of our services to you.
The Platform is owned and operated by Tab Commerce Services, Inc., a U.S.-based subsidiary of SquareMarket Technologies, Inc., which is headquartered in the Province of Ontario, Canada. We provide this Platform for use only by persons located in the United States. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM, INCLUDING ANY THIRD-PARTY INTEGRATIONS, IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY INTEGRATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Furthermore, neither Astrada, the payment networks, nor suppliers shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including but not limited to loss of profit, revenue, or business, arising in whole or in part from your access to the sites, your use of the services, the sites or this Agreement, even if Tab Commerce has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, Tab Commerce’s liability to you for any cause whatever and regardless of the form of the action, will at all times be limited.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, INCLUDING THOSE THAT MAY BE TRANSMITTED THROUGH THIRD-PARTY INTEGRATIONS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY, INCLUDING ANY THIRD-PARTY INTEGRATIONS OR SERVICES THAT YOU MAY ACCESS THROUGH THE PLATFORM. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TAB COMMERCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tab Commerce, its parent, subsidiaries, affiliates, Astrada, Visa Inc., Mastercard International Incorporated, and any other Payment Card Networks involved in the operation of the Platform and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform's content, services, and products other than as expressly authorized in these Terms and Conditions.
The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Jersey and the federal laws of United States applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the State of New Jersey or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the State of New Jersey and/or the Federal Court of the United States, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
The Platform Terms and Conditions of Use, General Terms and Conditions for Services, and our Privacy Policy constitute the sole and entire agreement between you and SquareMarket Technologies, Inc. dba Tab Commerce, regarding the Platform, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
This Platform is operated by SquareMarket Technologies, Inc. dba Tab Commerce.
Should you have any concerns or inquiries related to the Platform, please direct them to support@tabcommerce.com. This includes:
We value your input and take all matters seriously. Your prompt attention to these issues will aid us in maintaining the integrity and functionality of our Platform.
To enable and support key features of the platform, you authorize Tab Commerce to share your information—including, but not limited to, business, financial, and transactional data—with trusted third-party partners as necessary to provide specific services or functionality. This may include, for example, sharing data with our capital partner, Oat Financial, Inc., for underwriting and credit limit decisioning, or with third-party accounting platforms (such as QuickBooks) to support your bookkeeping and financial management needs.
These examples are illustrative and not exhaustive. Data may be shared with additional partners as required to operate, enhance, or deliver platform features and services. All data sharing is conducted securely and in accordance with applicable laws and regulations. You acknowledge that third-party partners may have their own privacy policies and terms of use, and Tab Commerce is not responsible for how your information is used or secured once transferred to such parties.
You agree to promptly review all account activity and statements associated with your Tab Commerce account. If you believe that your account has been used without your authorization, you must notify us immediately by contacting Tab Commerce customer support through the contact information provided on our website.
In accordance with 12 CFR § 1026.12(b)(5), you will not be liable for unauthorized use of your card that occurs after you notify us orally or in writing that the card has been lost or stolen or that unauthorized use has occurred. However, you may be held liable for unauthorized transactions that occur before such notice if we determine, based on a reasonable investigation, that you were grossly negligent or engaged in fraudulent activity. The maximum liability that we will impose depends on the number of cards that we have issued to you and are in active use. If less than 10 cards have been issued the maximum liability we will impose is $50. If 10 or more cards have been issued for use, you agree to assume full liability for all transactions. For the purposes of these Terms, “unauthorized use” does not include use by a person to whom you have given access to your card or account credentials, even if that person exceeds the authority you granted.
We reserve the right to suspend or cancel your account access and investigate any potentially unauthorized activity. You agree to cooperate with us in any such investigation and to provide any information we reasonably request.
Your Tab Commerce charge card account may be considered in default if any of the following events occur:
Upon default, we may take one or more of the following actions without further notice: suspend or terminate account access, declare all outstanding amounts immediately due and payable, or initiate collections procedures with our capital partner, OatFinancial, Inc. We also reserve the right to restrict participation in rewards programs or other benefits associated with your account.
Each billing statement reflects a 30-day statement period and includes all charges incurred during that period. The due date for payment of the full outstanding balance is clearly stated on each billing statement ("Due Date").
You agree to pay the total amount due as shown on each statement in full by the Due Date. You agree to have this amount automatically debited from your bank account. If full payment is not received via the automatic debit, you will have a seven (7) calendar day grace period to correct the payment. If full payment is not received by the end of this grace period, your account will be considered past due.
In the event of non-payment after the grace period, a late fee of 300 basis points (3%) per 30 days will be assessed on the unpaid balance, accrued daily at a rate of 0.10% per day, beginning on the day after the grace period ends and continuing until the outstanding balance is paid in full. All late fees are due to and collected directly by our capital partner, Oat Financial, Inc., which also manages the billing and collections process for past due accounts.
Tab Commerce reserves the right to suspend or restrict account privileges in the event of late payment. Oat Financial, Inc. may initiate collection efforts as permitted by law, and you agree to be responsible for all reasonable costs of collection, including legal fees, incurred by Oat Financial, Inc. in the event of default.
To be eligible for rewards, your Tab Commerce account must remain in good standing. Your account will be considered not in good standing if it becomes delinquent, or if Tab Commerce determines, in its sole discretion, that you are abusing or misusing the rewards program, or have violated our Terms of Service or any other applicable terms, agreements, or policies incorporated by reference. If your account is not in good standing for any reason, you may become ineligible to earn or redeem rewards and may forfeit any rewards previously earned. Tab Commerce reserves the right, in its sole discretion, to condition, restrict, limit, suspend, or revoke your rewards eligibility or any rewards awarded.
If your account is in good standing, you may earn cash back rewards on all purchases made using your Tab Commerce charge card at the rate specified at the time of sale and disclosed to you accordingly. Cash back rewards are calculated monthly and will be deposited into your Tab Commerce Rewards Account within ten (10) business days following the close of the previous calendar month. Only transactions that are settled and not disputed, refunded, or reversed will qualify for rewards. Any transactions pending at the close of the month, will be added to the following month’s cash back calculations once posted.
Tab Commerce reserves the right to modify the cash back rate, eligible transaction types, or rewards payout schedule at any time, with or without notice, subject to applicable law.
By accepting these Terms and Conditions, you consent to receive communications from us electronically, including via email, text message (SMS), phone calls, and other means of communication. This includes service-related announcements, administrative messages, and other information related to your use of our services.
If you provide a mobile phone number, you expressly agree to receive SMS messages from us. Message and data rates may apply depending on your mobile carrier. You may opt out of receiving promotional SMS messages at any time by following the instructions provided in those messages. However, opting out may impact your ability to receive important service-related communications.
If you provide an email address, you agree to receive emails in accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act. All marketing emails from us will include a clear mechanism for opting out of future communications and will be clearly identified as advertisements or promotional in nature, where applicable.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as expressly stated below, you and Tab Commerce agree to resolve any dispute, claim, or controversy arising from or relating to your use of the Platform or any Tab Commerce product or service—including those related to these Terms—through final and binding arbitration, not in court. This applies to all claims, whether based on statute, contract, tort, fraud, or any other legal theory.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules, including the Commercial Arbitration Rules and, if relevant, the Consumer-Related Disputes Supplement. The arbitration will occur in a mutually agreed location or, if not agreed, in your county of residence. The arbitrator’s decision may be entered as a judgment in any court with jurisdiction.
You and Tab Commerce agree to arbitrate disputes individually. Neither party may participate in or bring a class, collective, consolidated, or representative action, and the arbitrator may not combine claims of others.
Either party may bring individual claims in small claims court or seek injunctive or equitable relief in court to prevent actual or threatened misuse of intellectual property rights.
You may opt out of this arbitration agreement by sending written notice to support@tabcommerce.com within 30 days of first accepting these Terms (or any material change to this clause). Written notice may also be sent to: SquareMarket Technologies, Inc., Attn: Legal Dept. #1176 1401 Lava Street Austin, TX 78701 United States. Your notice must include your name, mailing address, and a clear statement of your intent to opt out. If you do not opt out in time, you are bound by this arbitration agreement.
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