1. Who we are and what these Terms cover
1.1. These Terms of Service (the "Terms") govern access to and use of the TableMind platform available at table-mind.com and related applications, dashboards, merchant pages and APIs (together, the "Platform") provided by SM-NEXA spółka z ograniczoną odpowiedzialnością (SM-NEXA sp. z o.o.) with its registered office in Warsaw, Poland, at ul. Kolejowa 9 lok. 121, 01-217 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0001245922, NIP (tax ID) 5273221990, REGON 544940265, share capital of PLN 5,000 ("TableMind", "we", "us"). Contact: hello@table-mind.com (general), support@table-mind.com (support), legal@table-mind.com (legal).
1.2. The Terms form a binding agreement (the "Agreement") between TableMind and the business customer identified at registration or in an Order Form (the "Merchant", "you"). The Platform is intended for business use only. Use of guest-facing menu and ordering pages by consumers is governed by the separate TableMind Terms of Use for Guests.
1.3. The Agreement consists of, in order of precedence: (a) an Order Form or custom offer, if any; (b) these Terms; (c) the Data Processing Agreement ("DPA"), which is incorporated by reference and available at table-mind.com/legal/dpa; and (d) plan and feature descriptions published on the Website.
2. Definitions
"Website" – table-mind.com, including its subpages.
"Merchant Pages" – guest-facing digital menu, ordering and payment pages generated for the Merchant within the Platform (including pages made available at subdomains of app.table-mind.com or at a custom domain).
"Services" – the functionalities of the Platform made available under the Merchant’s Plan, which may include: digital menus, QR ordering at the table, waiter app, kitchen display system (KDS), table and reservation management, online ordering for delivery and pickup, third-party marketplace and courier integrations, payment facilitation via Stripe, CRM, loyalty, reviews, marketing tools, analytics and API access.
"Guest" – an end customer of the Merchant who uses Merchant Pages to view a menu, place an order, make a reservation or pay.
"Guest Data" – personal data of Guests processed through the Platform on the Merchant’s behalf, as described in the DPA.
"Merchant Content" – any content submitted to the Platform by or for the Merchant, including menus, dish descriptions, prices, photographs, logos and trademarks.
"Plan" – a subscription package (e.g. Starter, Pro, Premium) with the scope, limits and fees described on the Website or in an Order Form.
"Stripe" – Stripe Payments Europe, Ltd. and/or Stripe Technology Europe, Ltd. (Ireland) and their affiliates, the licensed payment services provider used with the Platform.
"Entrepreneur-Consumer" – a natural person entering into the Agreement in direct connection with their business activity, where the Agreement is not of a professional character for that person (Article 385⁵ of the Polish Civil Code and related provisions).
3. Account registration
3.1. To use the Services, the Merchant creates an account. The person registering represents that they are duly authorised to act for the Merchant. Registration data must be accurate, complete and kept up to date, including business name, address, tax identification number and billing details.
3.2. The Merchant is responsible for keeping login credentials confidential and for all activity in its account, including activity of staff members to whom the Merchant grants access ("Authorised Users"). The Merchant will ensure Authorised Users comply with the Agreement.
3.3. We may refuse or condition registration where required by law, by Stripe onboarding requirements, or for justified security or fraud-prevention reasons.
4. Roles of the parties – important
4.1. TableMind provides technology only. We are not a restaurant, food seller, courier, marketplace operator or payment institution. We are not a party to any contract concluded between the Merchant and a Guest; each order placed through Merchant Pages results in a contract exclusively between the Merchant and the Guest.
4.2. The Merchant is solely responsible for its business conducted through the Platform, including in particular:
accuracy and lawfulness of menus, product descriptions, availability and prices (including presenting prices with applicable VAT and any mandatory charges);
food information duties, including allergen and ingredient information required by Regulation (EU) No 1169/2011 and Polish implementing provisions;
food safety, hygiene, and holding all required permits and licences (including for the sale of alcohol, where applicable);
fulfilment of orders, quality of products and services, delivery and pickup arrangements;
issuing fiscal receipts and invoices to Guests and complying with Polish fiscal cash-register (kasa fiskalna) and tax regulations; the Platform does not replace fiscal devices;
compliance with consumer-protection law towards Guests, including handling Guest complaints regarding food and service;
lawful use of CRM and marketing tools, including obtaining and documenting valid consents for email/SMS marketing as required by the GDPR and the Polish Electronic Communications Law of 12 July 2024.
4.3. The content of Merchant Pages is generated from Merchant Content. We do not verify Merchant Content and are not responsible for it, without prejudice to our right to act on reports of illegal content.
5. Plans, fees and billing
5.1. Current Plans, their scope and fees are described on the Website or in an Order Form. Fees are expressed in PLN and are net amounts; VAT will be added at the applicable rate. Feature sets within Plans may evolve as described in Section 12.
5.2. Subscription fees are payable in advance for each billing period (monthly or yearly, as selected). Payments are collected by Stripe on our behalf; by providing a payment method the Merchant authorises recurring charges for each renewal period, plan changes and applicable taxes. The Merchant consents to receiving invoices electronically.
5.3. The subscription renews automatically for successive periods of the same length unless the Merchant cancels in the dashboard or by email to support@table-mind.com before the end of the current period. Cancellation takes effect at the end of the period already paid for.
5.4. Upgrades take effect immediately; the price difference for the remainder of the current period is charged on a pro-rata basis. Downgrades take effect from the next billing period. Features and data associated with modules outside the new Plan may become unavailable upon downgrade.
5.5. We may change Plan prices with at least 30 days’ prior notice by email or in-dashboard message. Price changes apply from the next billing period; for yearly plans, from the next yearly renewal. If the Merchant does not accept a change, it may cancel with effect at the end of the current period.
5.6. If a recurring charge fails, we may retry it and will notify the Merchant. If payment is not received within 14 days of the due date, we may suspend the Services (including Merchant Pages) until payment, and may charge statutory interest for late payment in commercial transactions. Suspension does not release the Merchant from the obligation to pay fees due.
5.7. Free plans, trials, beta features and promotional access are provided "as is", may be modified, limited or withdrawn at any time, and may be subject to additional conditions communicated at activation.
6. Guest payments; role of Stripe
6.1. Online and at-the-table payments by Guests are processed by Stripe. To accept Guest payments, the Merchant must create a Stripe connected account through the Platform and accept the Stripe Connected Account Agreement, including the Stripe Terms of Service and applicable payment-method terms. Stripe may require identification and verification information (KYC/AML); the Merchant will provide it and authorises us to share onboarding data with Stripe for this purpose.
6.2. Guest payments are acquired and settled by Stripe directly to the Merchant’s connected account. TableMind does not receive, hold or transmit Guest funds and does not provide payment services within the meaning of the Polish Act on Payment Services of 19 August 2011 or Directive (EU) 2015/2366 (PSD2). The payment services are provided by Stripe as a licensed payment institution / e-money institution.
6.3. The Merchant is responsible towards Guests and Stripe for refunds, reversals, chargebacks and related fees, and for the accuracy of amounts charged. Stripe’s processing fees apply as set out in the Stripe agreement or, where communicated, in the Merchant’s Plan terms.
6.4. Availability of particular payment methods (e.g. payment cards, BLIK, Apple Pay, Google Pay) depends on Stripe and payment-scheme rules and may change. We may pass to Stripe transaction data necessary to process payments and prevent fraud.
6.5. If Stripe suspends or terminates the Merchant’s connected account, payment features of the Platform will be unavailable to that Merchant; this does not affect the Merchant’s obligation to pay subscription fees for the remaining Services.
7. Third-party services and integrations
7.1. The Platform may interoperate with third-party services, such as delivery marketplaces (e.g. Wolt, Glovo, Uber Eats, Bolt Food, Pyszne.pl), courier services, POS systems and custom domains. Use of a third-party service requires a separate agreement between the Merchant and that provider and is subject to that provider’s terms and fees.
7.2. We are not responsible for third-party services, their availability, or changes to their APIs. If a third party materially changes or withdraws an interface, we may modify or discontinue the affected integration; where reasonably possible we will inform Merchants in advance.
8. Merchant Content and intellectual property
8.1. The Merchant retains all rights to Merchant Content. The Merchant grants TableMind a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (solely for formatting and technical presentation), publicly display and distribute Merchant Content to the extent necessary to provide the Services, including displaying menus and the Merchant’s branding to Guests on Merchant Pages and in order confirmations. With the Merchant’s consent (which may be given in account settings), we may additionally display the Merchant’s name, logo and public menu as a reference or demo.
8.2. The Merchant represents and warrants that it holds all rights and permissions to Merchant Content and that Merchant Content does not infringe third-party rights or applicable law.
8.3. The Platform, its software, design, databases and trademarks are and remain the property of TableMind or its licensors. The Merchant receives a non-exclusive, non-transferable licence to use the Platform for its internal business purposes for the duration of the Agreement. The Merchant will not copy, modify, decompile or reverse-engineer the Platform except to the extent permitted by mandatory law, and will not resell or make the Services available to third parties except to its Authorised Users and Guests as intended by the Platform’s functionality.
8.4. We may use feedback and suggestions provided by the Merchant without restriction and without obligation to compensate.
8.5. Aggregated and anonymised usage statistics that do not identify the Merchant, any Guest or any natural person may be used by TableMind to operate, benchmark and improve the Services.
9. Data protection
9.1. In relation to Guest Data processed through the Platform, the Merchant is the controller and TableMind acts as processor. The DPA, which forms part of the Agreement, governs this processing, including security measures, sub-processors and assistance obligations.
9.2. In relation to Merchant account, billing, usage and communication data, TableMind is the controller; details are described in the TableMind Privacy Policy.
9.3. Each party will comply with the GDPR and Polish data-protection law applicable to its role.
10. Acceptable use
10.1. The Merchant will not use the Platform: (a) in violation of law or third-party rights; (b) to send unsolicited communications or messages without a valid legal basis; (c) to upload malicious code, probe or test the vulnerability of the Platform, or interfere with its operation or other customers’ use; (d) to scrape or bulk-extract data other than its own; (e) beyond fair, intended use of messaging, storage and API limits applicable to its Plan.
10.2. We may suspend the Services, or access of a particular Authorised User, wholly or partly and after prior notice where practicable, if the Merchant materially breaches the Agreement, if suspension is required by law or by Stripe, or where necessary to protect security or integrity of the Platform. We will lift the suspension once the grounds cease.
11. Availability, support and maintenance
11.1. We will provide the Services with due professional care. We aim at high availability of the Platform but do not guarantee uninterrupted or error-free operation; temporary interruptions may result from maintenance, updates, force majeure or failures of third-party providers (hosting, telecommunications, Stripe, integrations). Planned maintenance will, where practicable, be carried out outside typical service hours and announced in advance.
11.2. Support is available at support@table-mind.com. Target response times depend on the Merchant’s Plan; priority support applies to the Premium Plan as described on the Website or in an Order Form.
12. Changes to the Services
12.1. We continuously develop the Platform and may add, modify or withdraw features, provided that during a paid period we will not withdraw core functionalities of the Merchant’s Plan in a way that materially reduces its value without offering an adequate replacement or a pro-rata refund for the unused period.
13. Warranties and disclaimers
13.1. Except as expressly stated in the Agreement, the Services are provided without any further warranties. To the fullest extent permitted for business-to-business relationships, statutory warranty for defects (rękojmia) is excluded; this exclusion does not apply to Entrepreneur-Consumers. We do not warrant that the Services will meet requirements not agreed in writing or that they will secure any particular business result of the Merchant.
14. Liability
14.1. To the extent permitted by law, TableMind’s total aggregate liability towards the Merchant under or in connection with the Agreement, whether in contract, tort or otherwise, is limited to the amount of fees paid by the Merchant for the 12 months preceding the event giving rise to the claim.
14.2. To the extent permitted by law, TableMind is not liable for lost profits, loss of revenue, loss of data caused by the Merchant, loss of business opportunities or indirect damage, nor for damage resulting from: (a) Merchant Content; (b) the Merchant’s products, services or dealings with Guests; (c) third-party services and integrations, including Stripe and marketplaces; (d) force majeure.
14.3. Nothing in the Agreement excludes or limits liability for damage caused intentionally (Article 473 § 2 of the Polish Civil Code), for death or personal injury, or any other liability that cannot be excluded under mandatory law. Limitations in this Section apply to Entrepreneur-Consumers only to the extent permitted by mandatory provisions of law.
15. Indemnity
15.1. The Merchant will indemnify and hold TableMind harmless against third-party claims (including claims of Guests and public authorities) arising out of Merchant Content, the Merchant’s products or services, breach of Section 4, or unlawful use of marketing tools, including reasonable costs of legal defence, provided that we notify the Merchant of the claim without undue delay and allow the Merchant to participate in the defence.
16. Term, termination and effects
16.1. The Agreement is concluded for the duration of the subscription and renews in accordance with Section 5.3. Either party may terminate for convenience with effect at the end of the current paid period.
16.2. Either party may terminate the Agreement with immediate effect if the other party materially breaches the Agreement and fails to cure the breach within 14 days of a written notice (email is sufficient). We may also terminate with immediate effect if required by law or if Stripe permanently refuses to service the Merchant for compliance reasons.
16.3. Upon termination: (a) access to the Platform and Merchant Pages ceases; (b) upon request submitted within 30 days, we will make the Merchant’s data available for export in a commonly used format; (c) Guest Data will be returned or deleted in accordance with the DPA; (d) fees accrued remain payable. Prepaid fees for unused periods are not refunded, except where the Agreement was terminated by the Merchant due to our material breach, in the cases described in Sections 5.5 and 12.1, or where mandatory law provides otherwise (including for Entrepreneur-Consumers).
17. Changes to these Terms
17.1. We may amend these Terms for valid reasons, such as changes in law, changes in the Services, security requirements or changes of our business model. We will notify Merchants of amendments at least 15 days before they take effect, by email or in-dashboard message. If the Merchant does not accept the amendments, it may terminate the Agreement with effect no later than the day the amendments take effect; continued use after that date constitutes acceptance. Amendments required by law or concerning newly introduced features may take effect immediately.
18. Confidentiality
18.1. Each party will keep confidential all non-public information of the other party obtained in connection with the Agreement, use it only to perform the Agreement, and protect it with at least reasonable care, for the term of the Agreement and 5 years thereafter. This does not restrict disclosures required by law or to professional advisers bound by confidentiality.
19. Provisions for Entrepreneur-Consumers
19.1. Provisions of Polish consumer law regarding prohibited contractual clauses, statutory warranty and the right of withdrawal apply to Entrepreneur-Consumers to the extent provided by law.
19.2. An Entrepreneur-Consumer may withdraw from a distance Agreement within 14 days of its conclusion without giving reasons, by an unambiguous statement (email to support@table-mind.com is sufficient). By requesting that the Services start immediately upon purchase, the Entrepreneur-Consumer acknowledges that, in the event of withdrawal, they will pay for the Services provided until the moment of withdrawal, pro rata to the agreed price.
20. Governing law and disputes
20.1. The Agreement is governed by Polish law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.2. Disputes will be resolved by the Polish common court having jurisdiction over TableMind’s registered office. This choice of forum does not apply to Entrepreneur-Consumers, for whom statutory jurisdiction rules apply.
21. Final provisions
21.1. We may assign the Agreement to an affiliate or a successor in connection with a merger, reorganisation or sale of business, notifying the Merchant. The Merchant may assign the Agreement with our consent, not to be unreasonably withheld.
21.2. Notices may be given by email to the addresses indicated at registration (for the Merchant) and to legal@table-mind.com (for TableMind), or via the dashboard.
21.3. If any provision of the Terms is held invalid, the remaining provisions remain in force, and the invalid provision will be replaced by a valid one closest to its economic purpose.
21.4. These Terms are drawn up in English. If a Polish version is published, the versions are equally authentic; in the case of discrepancies in relations with Entrepreneur-Consumers, the Polish version prevails.
21.5. Annexes: Annex 1 – Data Processing Agreement; Annex 2 – List of Sub-processors (both published at table-mind.com/legal).