These Terms of Service (“Terms”) govern your use of the TableMind platform (“the Platform”) provided by Nestvid Limited, a company registered in England and Wales (“TableMind”, “we”, “us”, “our”). By signing a Service Agreement, accessing the Platform, or allowing your staff to use the Platform, you (“the Venue”, “you”, “your”) agree to be bound by these Terms.
1. The Service
1.1 TableMind provides a guest intelligence platform for independent restaurants and service businesses. The Platform enables venues to build and maintain guest profiles, deliver pre-service staff briefings, manage Google reviews, send milestone communications, fulfil physical sends, and access analytics relating to guest retention.
1.2 The Platform is made available as a done-for-you service. We build, configure, and install the Platform for your venue. You own the configured system from the date we confirm installation is complete.
1.3 The specific features, integrations, and services included in your subscription are set out in your Service Agreement. These Terms apply in addition to, and do not replace, your Service Agreement.
2. Subscription and Payment
2.1 Your subscription consists of a one-off setup fee covering the initial build, configuration, onboarding, and staff training, followed by a recurring monthly retainer as set out in your Service Agreement.
2.2 Monthly retainer payments are collected by direct debit via GoCardless on the first working day of each calendar month. You authorise us to collect these payments by signing a GoCardless direct debit mandate.
2.3 Setup fees are invoiced upon signing of the Service Agreement and are due within 14 days of invoice. Work on your installation begins upon receipt of the setup fee.
2.4 All fees are exclusive of VAT unless stated otherwise. VAT will be added at the prevailing UK rate where applicable.
2.5 We reserve the right to increase the monthly retainer with 60 days written notice. If you do not wish to accept the new rate, you may cancel with 30 days notice prior to the effective date of the increase.
2.6 Late payments may attract interest at 8% above the Bank of England base rate per annum under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Cancellation and Termination
3.1 You may cancel your monthly retainer at any time with 30 days written notice sent to admin@tablemind.co.uk. Your access to the Platform will continue until the end of the 30-day notice period.
3.2 The setup fee is non-refundable once onboarding has been completed. This reflects the time, labour, and third-party API costs incurred during the installation process.
3.3 If you cancel within 14 days of signing the Service Agreement and before onboarding has commenced, you are entitled to a full refund of the setup fee under the Consumer Rights Act 2015.
3.4 Upon cancellation, we will provide you with a full export of your guest database in CSV format within 5 working days. Your data belongs to you and we will not retain it beyond 30 days following the export, except where required by law.
3.5 We reserve the right to suspend or terminate your access to the Platform immediately if you breach these Terms, fail to make payment after 14 days written notice, or use the Platform in a way that causes harm to third parties.
4. Your Responsibilities
4.1 You are responsible for ensuring that your guests are informed that their personal data may be collected and used to personalise their experience, as required by UK GDPR. We recommend adding the following wording to your booking form or confirmation email: “We may record your visit preferences and history to personalise your experience. You can request deletion at any time by contacting us.”
4.2 You are responsible for ensuring that all staff who use the Platform do so in accordance with these Terms and your own data protection policies.
4.3 You must not use the Platform to process the personal data of individuals under the age of 16 without appropriate parental consent.
4.4You must not share your Platform login credentials with individuals outside your venue’s staff team, or use the Platform for any purpose other than the management of your venue’s guest relationships.
4.5 You are responsible for the accuracy of any guest data you import into the Platform via CSV or manual entry.
5. Our Responsibilities
5.1 We will build and configure the Platform to the specification set out in your Service Agreement and complete installation within 7 working days of receiving your guest data export, or such other period as agreed in writing.
5.2 We will use commercially reasonable efforts to maintain Platform uptime of 99.5% or better, measured on a rolling monthly basis. Planned maintenance will be communicated with at least 48 hours notice.
5.3 We will respond to support requests submitted to admin@tablemind.co.uk within one working day.
5.4 We will process all guest personal data only as instructed by you (the data controller) and in accordance with the Data Processing Agreement which forms part of your Service Agreement.
5.5 We will notify you within 72 hours of becoming aware of any personal data breach affecting your guest data.
6. Intellectual Property
6.1 The Platform software, underlying technology, and any improvements or modifications made during the Term are owned by Nestvid Limited.
6.2 Your guest data, your configured venue settings, your staff notes, and your historical analytics are owned by you. We process this data as your data processor and have no claim over it.
6.3 Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us to improve the Platform without obligation to you.
7. Limitation of Liability
7.1TableMind’s total liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you in the 3 months preceding the event giving rise to the claim.
7.2 We shall not be liable for any indirect, consequential, special, or incidental losses, including loss of profit, loss of revenue, loss of business, or loss of data.
7.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
8. Third-Party Services
8.1 The Platform integrates with third-party services including but not limited to: Google Business Profile, OpenTable, ResDiary, WhatsApp Business API, Twilio, Majestic Wine, and Papier. Your use of these integrations is also subject to the terms of those third-party providers.
8.2 We are not responsible for any disruption to the Platform caused by changes to third-party APIs, provided we use commercially reasonable efforts to resolve any such disruption within a reasonable time.
9. Governing Law
9.1 These Terms are governed by the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9.2 If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
10. Changes to These Terms
10.1 We may update these Terms from time to time. We will notify you of any material changes by email at least 30 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.