Terms of Service | PlateHaven

PlateHaven (platehaven.app) is operated by TCC Solutions Group LLC, a California limited liability company. In these Terms, “Company,” “we,” “us,” or “our” refers to that operator.

These Terms of Service (“Terms”) govern your access to and use of the PlateHaven platform and related services (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Definitions

“Restaurant” or “Restaurant Client” means the business entity that has subscribed to use the Service to manage their digital menu, ordering, and kitchen operations.
“Guest” or “End User” means any individual who accesses a Restaurant's menu through the Service.
“Content” means any text, images, data, or other materials uploaded to or generated through the Service.
“Subscription” means the paid access plan selected by a Restaurant Client.

2. Description of Service

PlateHaven provides a cloud-based software-as-a-service (SaaS) platform that enables restaurants to:

Create and manage digital menus accessible via QR codes and web links
Accept online orders with integrated payment processing (when enabled)
Operate a kitchen display system (KDS) for order management
Access analytics and reporting tools
Utilize an AI-powered menu assistant for guest inquiries

2.1 PlateHaven Is Software, Not the Restaurant

PlateHaven provides software. We do not cook, prepare, package, deliver or sell food, and we are not a party to the sale between a Guest and a Restaurant. The Restaurant is the seller of the food and is solely responsible for it, including food safety, allergen handling, menu accuracy and prices, hours, taxes on food sales, refunds, order fulfilment and its own staff. A Guest with a problem with an order, a refund or an allergy question should contact the Restaurant first.

2.2 Changes to the Service

We may add, change or retire features. If we remove a feature that a paid plan includes, we will give Restaurant Clients notice by email and, if we cannot offer a reasonable substitute, a pro-rated refund for the rest of the paid period. We do not promise uninterrupted or error-free service or any particular uptime. Features labelled beta, preview or early access are provided as is and may change or stop at any time.

3. Acceptance of Terms

3.1 For Restaurant Clients

By completing the onboarding process, making a payment, or clicking “I Agree” or similar acceptance mechanism, you represent that you have the authority to bind the Restaurant to these Terms and that you accept these Terms on behalf of the Restaurant. The Service is for business use. You must be at least 18 years old to create a Restaurant account, and by creating one you confirm you are using the Service for a business and not for personal, family or household purposes.

3.2 For Guests

By placing an order, you agree to these Terms and the Privacy Policy; the checkout says so next to the button. If you only browse a menu or use the AI assistant, you are asked to follow the acceptable-use rules in Section 7.2, and these Terms apply to that use as well.

3.3 Agreement Logging

Your acceptance of these Terms is logged with a timestamp, your email address (if provided), IP address, and the version of the Terms accepted. This record serves as evidence of your agreement and may be used for compliance and dispute resolution purposes.

4. Account Registration and Security

Restaurant Clients must provide accurate and complete registration information.
You are responsible for maintaining the confidentiality of account credentials, including Kitchen PINs.
You must notify us immediately of any unauthorized access or security breach.
We reserve the right to suspend accounts that violate these Terms or pose security risks.

5. Subscription and Payment Terms

5.1 Billing

Plans. The Free plan costs nothing. Paid plans are billed monthly in advance: Plus $29, Pro $59 and Premium $149 a month. What each plan includes is shown on our Plans page.
Free trial. A new Pro subscription starts with 30 days free, once per restaurant. Nothing is charged during the trial. If you do not cancel before it ends, your payment method is charged $59 and then $59 every month. Plus and Premium have no trial and are charged when you subscribe. Switching plans later does not start a new trial; the difference for the rest of the month is added to your next invoice.
Taxes. Prices do not include sales, use, VAT or similar taxes. Where we are required to collect them, we add them to the price and show them on your invoice. You are responsible for any taxes that apply to your own sales of food, including tax on Guest orders.
Failed payments. If a charge fails, we may retry it, and we may limit or suspend paid features until it is paid. You must keep your payment details current.
Fees already paid are non-refundable except as required by law, as stated in Section 5.2, or as expressly stated in these Terms.
We reserve the right to change pricing with 30 days' notice.

5.2 Automatic Renewal and Cancellation

Your subscription renews automatically. Each plan continues month to month at the price shown when you subscribed, and your payment method is charged on the same day each month until you cancel.
Cancel any time, online. Cancel from your dashboard under Billing. No phone call is required and there is no cancellation fee.
Cancelling stops the next charge. Your plan stays active until the end of the period you have already paid for, and your menu remains published for that period.
We email a receipt for every charge. If a price changes, you get 30 days' notice and can cancel before the new price applies.
If you were charged after you cancelled, or charged more than the price shown when you subscribed or the price we gave notice of, email platehaven2025@gmail.com within 60 days of the charge and we will refund the amount in error.

5.3 Payment Processing

Payment processing is provided by Stripe, Inc. By using the Service, you also agree to Stripe's Services Agreement. A Restaurant that connects Square and takes its online payments with Square uses Square under Square's own terms.

5.4 Order Payments (Stripe Connect or Square)

When ordering is enabled, a Guest's payment for a food order is a direct charge on the Restaurant's own Stripe account, connected to PlateHaven through Stripe Connect. The money goes to the Restaurant's Stripe account and is paid out by Stripe to the Restaurant's bank under Stripe's schedule. The Company does not take, hold or transmit customer funds, is not a bank or money transmitter, and does not charge a commission on food orders. Stripe's own processing fees are charged to the Restaurant by Stripe.

A Restaurant on a plan with ordering may instead connect its own Square account and choose to take payments with Square. The Guest then pays on Square's checkout page, the money goes to the Restaurant's Square account under Square's terms, and Square's fees are charged to the Restaurant by Square. The Company takes no fee on those orders either, and everything below about refunds, chargebacks, disputes and fees applies to them in the same way.

The Restaurant's use of Stripe is governed by Stripe's Connected Account Agreement, and a Restaurant that takes payments through Stripe must complete Stripe's identity checks to do so.
The Restaurant is responsible for refunds, chargebacks, disputes, fines and Stripe or Square fees on its orders, including any amount Stripe or Square recovers from it.
We may pause ordering for a Restaurant whose Stripe or Square account is restricted, disabled or unable to accept charges, or that we reasonably suspect of fraud.
Private preview menus built for a prospective Restaurant have paid checkout turned off until that Restaurant claims the account and connects its own Stripe or Square.

6. AI Menu Assistant Disclaimer

THE AI MENU ASSISTANT PROVIDES RESPONSES BASED ON MENU DATA AND MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING INFORMATION.

Allergy and Dietary Information: AI responses regarding allergens, ingredients, or dietary restrictions should NOT be relied upon without verification from restaurant staff. Guests with allergies or medical dietary requirements MUST confirm information directly with the restaurant.
Restaurant Responsibility: Restaurants are solely responsible for the accuracy of menu content, including allergen tags, ingredient descriptions, and dietary labels.
Review Before Publishing: Tools that read a menu from a photo or file, or that write descriptions, tags or changes with AI, can make mistakes. The Restaurant must review everything before it is published and is responsible for it once it is.
Third-Party AI: The assistant and these tools use OpenAI's API. What is sent, and how it is handled, is described in our Privacy Policy.
No Medical Advice: The AI assistant does not provide medical, nutritional, or health advice.

7. User Responsibilities

7.1 Restaurant Clients

Maintain accurate and up-to-date menu information
Comply with all applicable food safety, labeling, and consumer protection laws
Respond to customer inquiries and handle disputes appropriately
Keep Kitchen PINs secure and limit access to authorized staff
Not use the Service for any illegal purpose
Hold the rights to everything you upload (logos, photos, text, menus) and make sure it does not infringe anyone else's rights
Use text and email features only for people who have agreed to receive them, and follow the rules in Section 7.3
Collect and remit the sales and other taxes that apply to your food sales, and keep the licences and permits your business needs

7.2 Guests

Provide accurate payment and contact information when placing orders
Not attempt to circumvent security measures or access restricted areas
Not misuse the AI assistant or submit abusive/harmful queries

7.3 Acceptable Use

You may not, and may not help anyone to:

Send spam, unlawful, deceptive or unwanted messages, or text or email anyone who has not agreed to it
Upload or publish content that is illegal, hateful, harassing, sexually explicit or that infringes anyone's rights
Pretend to be another person or business, or misstate who a menu belongs to
Scrape, copy or resell the Service, probe it for weaknesses, or overload it
Reverse engineer the Service or use it to build a competing product
Use the Service to sell items that are illegal or that Stripe prohibits

We may remove content and suspend or end an account, with or without notice where the risk is urgent, that breaks this section. We may report unlawful activity to the authorities.

8. Intellectual Property

Our Property: The Service, including its software, design, features, and documentation, is owned by the Company and protected by intellectual property laws.
Your Content: Restaurants retain ownership of their menu content, branding, and images. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, resize, display and process this content, including by sending it to our service providers such as AI and email providers, only as needed to provide and improve the Service for you. You promise you have the right to give us this license.
Copyright Complaints: If you believe content on PlateHaven infringes your copyright, email platehaven2025@gmail.com with the subject “Copyright Notice,” the work, the location of the material, your contact details and a statement made under penalty of perjury that you are the owner or authorised to act for the owner. We remove infringing material and may end the accounts of repeat infringers.
Feedback: Any suggestions or feedback you provide may be used by us without obligation or compensation.

9. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our data practices as described therein.

9.1 California Consumer Privacy Act (CCPA)

California residents have specific rights regarding their personal information under the CCPA. See our Privacy Policy for details on how to exercise these rights.

10. SMS and Text Messaging

10.1 What the program sends

If you give a mobile number and tick the box at checkout, PlateHaven sends text messages about your order — confirmation, and a notice when it is ready for pickup or for your table. PlateHaven is the sender of those messages; the restaurant you ordered from is named inside them only as the context of your order. A separate, independently ticked box opts you in to occasional offers and review requests, also sent by PlateHaven.

10.2 Consent is optional

Consent to receive text messages is not a condition of any purchase. Neither box is ticked by default, and a phone number is not required to place an order.

10.3 Frequency and cost

Message frequency varies with your order activity. Message and data rates may apply. Your mobile carrier is not liable for delayed or undelivered messages.

10.4 Stopping messages and getting help

Reply STOP to any message to stop all texts; you will receive one confirmation and nothing after it. Reply START to resume. Reply HELP for help, or email platehaven2025@gmail.com. Supported carriers include AT&T, Verizon, T-Mobile, US Cellular and their affiliates. The full text messaging terms are on our SMS Terms page, which controls if it differs from this summary.

10.5 Privacy

Mobile numbers and opt-in consent are never sold, and are never shared with third parties or affiliates for marketing purposes. See our Privacy Policy and the SMS opt-in walkthrough.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITS APPLY TO THE FULLEST EXTENT THE LAW ALLOWS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER CALIFORNIA LAW. WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF RESTAURANTS, STRIPE, TWILIO, OPENAI, YOUR MOBILE CARRIER OR ANY OTHER THIRD PARTY.

11.3 Food Safety and Allergens

WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF MENU INFORMATION, FOOD PREPARATION, FOOD SAFETY, OR ALLERGEN MANAGEMENT. THESE ARE THE SOLE RESPONSIBILITY OF THE RESTAURANT.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any applicable law or regulation
Claims related to menu content, food preparation, or customer harm (for Restaurants)
Claims by Guests or other third parties about food, allergic reactions, illness, injury, orders, refunds or chargebacks (for Restaurants)
Content you upload and messages you send through the Service, including claims that you lacked consent to send them (for Restaurants)

We will tell you about a claim we want to be covered, and you will not settle it in a way that admits fault for us without our written consent.

13. Termination

By Restaurant: You may cancel your subscription at any time. Access continues until the end of the current billing period.
By Us: We may suspend or terminate your access for violation of these Terms, non-payment, or at our discretion with notice.
Effect: Upon termination, your access to the Service ceases. We may retain data as required by law or for legitimate business purposes, for the periods in our Privacy Policy.
Your Data: Before or within 30 days after you cancel, email platehaven2025@gmail.com and we will send you a copy of your menu and order data. After that, we may delete your account content, subject to the retention periods in our Privacy Policy. A deleted menu stops being served.
Survival: Sections that by their nature should continue (payment, ownership, disclaimers, liability limits, indemnity, dispute resolution) survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

14.2 Jurisdiction

Subject to Section 14.4, any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

14.3 Informal Resolution

Before initiating any legal proceeding, you agree to contact us and attempt to resolve the dispute informally for at least thirty (30) days.

14.4 Binding Individual Arbitration

If informal resolution fails, any dispute between you and the Company arising from these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its rules for consumer or commercial disputes as applicable, and heard by video or in El Dorado County, California. The arbitrator applies these Terms and California law. Judgment on the award may be entered in any court with jurisdiction.

Exceptions: Either side may sue in small-claims court for a claim that qualifies, and either side may go to court to stop infringement or misuse of its intellectual property.
No class actions: Claims may be brought only on an individual basis, and not as a plaintiff or class member in any class, collective or representative proceeding. This does not prevent you from seeking public injunctive relief where the law does not allow that right to be waived. If a court finds the class waiver unenforceable for a claim, that claim goes to court and not to arbitration.
Costs: We pay the arbitration filing, administrative and arbitrator fees for any claim of $10,000 or less that is not frivolous.
Opt out: You may opt out of arbitration within 30 days after you first accept these Terms by emailing platehaven2025@gmail.com with the subject “Arbitration Opt-Out” and your name and account email. Opting out does not affect any other part of these Terms.

15. Modifications to Terms

We may modify these Terms by posting the revised Terms on our website with a new effective date and version. For material changes we will email Restaurant Clients at least 30 days before they take effect (or sooner where the law or an urgent security need requires). If you do not agree, you may cancel before the change takes effect and will not be charged for the new terms; if you keep using the Service after that date, you accept the modified Terms. Changes do not apply to a dispute that began before they took effect.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver: Our failure to enforce any right or provision does not constitute a waiver.
Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger or acquisition.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control, including outages at Stripe, Vercel, Twilio, OpenAI or other providers, carrier filtering, and internet failures.
Electronic Notices: You agree we may give you notices by email at the address on your account or by posting them in the dashboard, and that these satisfy any legal requirement for a written notice. Notices to us go to platehaven2025@gmail.com.
No Third-Party Beneficiaries: These Terms create no rights for anyone other than you and the Company, except that Guests may rely on Section 6 and the Privacy Policy as they apply to them.
Relationship: We are independent contractors. Nothing here makes us your partner, agent, employee or franchisor.

17. Contact Information

For questions about these Terms of Service, please contact us:

Email: platehaven2025@gmail.com
Phone: +1 530 334 6503
Address: 2929 Alder Drive, Camino, CA 95709, United States
Registration: CA Entity No. B20260395844
Website: platehaven.app

This agreement is effective as of the date you first access or use the Service, or the date you accept these Terms (whichever is earlier). A record of your acceptance is maintained in accordance with California law.