Welcome to Tonight's Table, a mobile application (the "App") operated by Fenwick Holdings LLC ("we," "us," or "our"). By downloading, installing, or using the App, you agree to these Terms of Service (the "Terms"). If you do not agree, please do not use the App.
These Terms incorporate by reference Apple's Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (the "Apple EULA"). Where these Terms conflict with the Apple EULA, the more restrictive provision applies.
Eligibility
You must be at least 13 years old to use Tonight's Table. By using the App you confirm that you meet this requirement.
What the App Does
Tonight's Table helps you choose a nearby restaurant to try. You enter a town, zip code, or grant access to your current location, and the App returns a random restaurant suggestion within a chosen radius. Features include cuisine and dietary filters, a search radius of up to 45 miles, a filter that hides chain restaurants, a log of restaurants you've visited (with ratings) that can be excluded from future suggestions, search by dish or restaurant name, and a map view.
Account and Local Storage
Tonight's Table does not require an account. Your settings, ratings, and visited-restaurants log are stored on your device. We do not have a server-side copy.
Advertising
The App contains no advertising. Versions before 2.10 were ad-supported; see the Privacy Policy for details about earlier versions.
Subscriptions and In-App Purchases
Tonight's Table is free to download. Using the App requires one of the following, each processed by Apple through the App Store:
- Tonight's Table Pro, monthly: an auto-renewable subscription of $1.99 (USD) per month.
- Tonight's Table Pro, yearly: an auto-renewable subscription of $9.99 (USD) per year, with a 7-day free trial for eligible new subscribers.
- Tonight's Table Lifetime: a one-time, non-consumable purchase of $24.99 (USD). It is not a subscription and never renews.
Every option includes every feature of the App. Prices are listed in USD and may vary in other currencies and regions. The App Store will display the exact price in your local currency before you confirm any purchase.
Auto-renewal and cancellation
Payment for a subscription is charged to your Apple ID at confirmation of purchase, or at the end of the free trial if one applies. Subscriptions renew automatically for the same period and price unless cancelled at least 24 hours before the end of the current period. You can manage or cancel a subscription at any time in iOS Settings under your name, then Subscriptions; cancelling stops future renewals, and you keep access until the end of the period you have already paid for. Any unused portion of a free trial is forfeited when you purchase a subscription. Apple offers one introductory free trial per Apple ID for this App.
Existing users and previous purchasers
If you installed the App before version 2.10, or if you previously purchased the App's "Remove Ads" unlock or its former "Pro" upgrade (monthly or lifetime), you keep full access to the App at no additional cost. That access is tied to your Apple ID (for purchases) or to your original download record (for earlier installations) and can be restored on other devices as described below. Any still-active legacy subscription can be cancelled in iOS Settings without losing this access.
Refunds
All purchases are processed by Apple. Refund requests are handled by Apple directly through https://reportaproblem.apple.com. We have no ability to issue refunds for purchases made through the App Store.
Restore purchases
If you delete and reinstall the App, or install it on a new device signed in with the same Apple ID, you can restore your subscription, lifetime purchase, or legacy access by tapping "Restore purchases" inside the App.
Lifetime purchase
The Lifetime purchase unlocks the App for as long as it is available, on your Apple ID. If the App is discontinued or removed from the App Store, the App installed on your device will continue to function as long as your device supports it, but we cannot guarantee continued functionality of features that depend on external services (such as MapKit).
License
Subject to your compliance with these Terms and the Apple EULA, we grant you a personal, non-exclusive, non-transferable, revocable license to use the App on iOS devices you own or control.
You may not:
- Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App.
- Sell, sublicense, rent, lease, distribute, or commercially exploit the App.
- Use the App in any way that violates applicable laws or regulations.
- Use the App to harass, defame, or harm any third party or business.
Restaurant Information
The restaurant data displayed in the App is provided by Apple's MapKit service. We do not own, control, verify, or modify this data. Restaurant names, addresses, phone numbers, websites, and other details may be incomplete, inaccurate, or out of date. Always confirm with the restaurant directly before traveling.
We are not responsible for:
- The quality, safety, hygiene, or availability of any restaurant suggested by the App.
- The accuracy of location information returned by MapKit.
- Your experience at any establishment recommended by the App.
- Reservations, wait times, prices, or any aspect of the dining experience.
No Warranty
The App is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that it will meet your specific requirements.
Limitation of Liability
To the maximum extent permitted by law, Fenwick Holdings LLC and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or in connection with your use of the App, even if advised of the possibility of such damages.
Our total cumulative liability for any direct damages will not exceed the greater of (a) the amount you have paid us in the 12 months prior to the claim, or (b) USD $25.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
Indemnification
You agree to indemnify and hold harmless Fenwick Holdings LLC from any claims, liabilities, damages, losses, and expenses arising from your misuse of the App or violation of these Terms.
Changes to the App
We may add, change, or remove features at any time, and we may change prices or plans for new purchases (existing subscriptions keep their price until you are notified otherwise through Apple). We may also discontinue the App in its entirety. Lifetime purchasers, subscribers, and grandfathered users will not receive a refund from us if the App is discontinued, but may be eligible to request a refund from Apple through the channel above.
Changes to These Terms
We may update these Terms from time to time. The "Effective date" above will be updated, and continued use of the App after changes means you accept the revised Terms. Material changes will be announced inside the App.
Termination
We may suspend or terminate your access to the App at any time if you violate these Terms. Provisions relating to limitation of liability, indemnification, and governing law survive termination.
Governing Law
These Terms are governed by the laws of the State of Connecticut, United States, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Connecticut, and you consent to the jurisdiction of those courts.
Contact
Email: hello@tonightstableapp.com
Fenwick Holdings LLC