Master Service Agreement

1. Agreement structure

This Master Service Agreement applies when Tamper and a customer execute an order form, statement of work, enterprise quote, or other written ordering document that references it. If there is a conflict, the order form controls for commercial terms and this MSA controls for legal terms unless the order form expressly states otherwise.

2. Services and implementation

Tamper will provide the subscribed software, onboarding, configuration, support, and any professional services described in the applicable order form. Customer will provide timely access to stakeholders, systems, data, locations, devices, staff, and decisions needed for implementation.

3. Subscription terms

• Subscriptions begin on the start date in the order form and continue for the initial term stated there.
• Unless the order form states otherwise, subscriptions renew for successive one-year terms unless either party gives written non-renewal notice at least 30 days before the renewal date.
• Fees are non-cancelable and non-refundable except as expressly stated in the order form, refund policy, or this MSA.
• Late amounts may accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower, plus reasonable collection costs.

4. Service levels

Tamper will use commercially reasonable efforts to make the production platform available 99.9% of each calendar month, excluding scheduled maintenance, emergency maintenance, customer-side issues, third-party failures outside Tamper’s control, beta features, force majeure, and misuse.

• Severity 1 support target: first response within 2 business hours for production outage affecting all locations.
• Severity 2 support target: first response within 1 business day for degraded material functionality.
• Scheduled maintenance will be communicated in advance when practical.
• The sole remedy for repeated failure to meet the uptime commitment is a service credit or termination right expressly stated in the applicable order form.

5. Data ownership and use

Customer owns Customer Data, including menus, brand assets, transaction records, customer lists, loyalty data, staff data, and operational data submitted to Tamper. Tamper may process Customer Data to provide, secure, support, analyze, and improve the services and to create aggregated or de-identified information that does not identify Customer or individuals.

6. Confidentiality

Each party may receive non-public business, technical, financial, product, security, customer, or operational information from the other party. The receiving party will protect confidential information using at least reasonable care, use it only to perform under the agreement, and disclose it only to personnel, affiliates, contractors, advisors, or service providers who need to know and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is public without breach, already known without restriction, independently developed, or lawfully received from a third party. Required legal disclosures are permitted after reasonable notice when legally allowed.

7. Security and compliance

Tamper will maintain an information security program with reasonable administrative, technical, and physical safeguards appropriate to the nature of the services. Customer is responsible for user access controls, local devices, network security at its locations, endpoint protection, and compliance with laws applicable to its business operations.

8. Indemnification

Tamper will defend Customer against third-party claims alleging that the subscribed software, as provided by Tamper, infringes a U.S. intellectual property right, and will pay finally awarded damages or approved settlements. Tamper has no obligation for claims arising from Customer Data, unauthorized modifications, third-party services, unsupported use, or combination with items not provided by Tamper.

Customer will defend Tamper against third-party claims arising from Customer Data, products, services, locations, employees, customers, tax obligations, regulatory violations, or misuse of the services, and will pay finally awarded damages or approved settlements.

9. Limitation of liability

Except for payment obligations, confidentiality breaches, indemnification obligations, intentional misconduct, or liabilities that cannot be limited by law, each party’s total liability under this MSA will not exceed the fees paid or payable by Customer under the applicable order form during the 12 months before the event giving rise to liability. Neither party is liable for indirect, incidental, consequential, special, punitive, or lost-profit damages.

10. Termination

Either party may terminate an order form for uncured material breach after 30 days’ written notice, or immediately if the other party becomes insolvent, ceases business, or violates confidentiality or security obligations in a way that cannot reasonably be cured. Upon termination, Customer will pay all fees due through the termination date and Tamper will make Customer Data available for export for a reasonable period where technically feasible.

11. Publicity

Tamper may identify Customer by name and logo as a customer unless Customer opts out in writing. Any case study, press release, or detailed public reference requires mutual approval.

12. Governing law and disputes

This MSA is governed by Delaware law. Disputes will be resolved under the dispute-resolution process in the Terms of Service unless the order form includes a different mutually signed process.

13. Versioning and contact

This MSA is version 2026.08.12, effective 2026-08-12. Enterprise legal notices may be sent to legal@tamper.app.