Terms of Service

Last updated October 22, 2026

These Terms of Service (the “Terms”) are an agreement between you and Eight Thirty, a New York limited liability company (“Eight Thirty,” “we,” “us” or “our”). They cover the Eight Thirty iPhone app, our website and anything else we offer that links to these Terms (together, the “Service”).

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Service.

The short version

Passing a table to another member is always free. Never buy, sell or trade a reservation for money or anything else of value
We connect members who pass on reservations. We aren’t the restaurant, and we can’t promise a restaurant will honor a table
If you claim a table that carries a late-cancel fee or deposit and don’t use it, you may owe that amount
Premium is sold and billed by Apple and renews until you turn renewal off
Stars have no cash value and can’t be bought, sold or cashed out
These Terms limit our liability, and disputes are decided under New York law

1. Agreeing to these Terms

You accept these Terms when you create an account, post or claim a table, or otherwise use the Service. If you use the Service on behalf of someone else, you confirm that you have their permission to accept these Terms for them.

Some features come with extra rules that we show you before you use them, such as the amount of a fee at the moment you claim a table. Those rules are part of these Terms.

2. Changes to these Terms

We may update these Terms as the Service grows or the law changes. When we make an important change, we’ll tell you in the app or by email before it takes effect, and we’ll update the date at the top of this page.

If you keep using the Service after a change takes effect, you accept the updated Terms. If you don’t accept them, you can delete your account at any time.

3. Your privacy

Our Privacy Policy explains what we collect, how we use it and the choices you have. It’s part of these Terms.

4. Who can use Eight Thirty

You must be at least 18 years old
You may have one account, and it’s for you alone
The Service is for restaurant reservations in New York City
You can’t use the Service if we’ve closed an account of yours before, or if the law bars you from using it

You agree to give us accurate information and keep it current. You sign in with a code we email you, so keep your email account secure. You’re responsible for everything that happens under your account, and you should tell us right away if you think someone else has used it.

5. How Eight Thirty works

Members who can’t use a reservation they made can post it (we call them “posters”). Other members can claim it (we call them “claimers”). Once a table is claimed and the details are shared, the claimer goes to the restaurant under the name on the reservation.

Eight Thirty has a free plan for Guests and a paid plan called Premium. The app shows what each plan includes, such as how early you see new tables, how far ahead you can book and how many tables you can claim each week. We may change these details over time.

Every table on Eight Thirty comes from a member. We don’t book reservations ourselves, and we don’t use bots, scrapers or other automated tools to get them.

We connect members

Posters and claimers deal with each other and with the restaurant directly. They aren’t our employees, agents or partners, and we aren’t a party to any reservation. We review posts and help when something goes wrong, but we don’t control restaurants or guarantee what members do.

6. Posting a table

When you post a table, you confirm that:

You made the reservation yourself, for your own use, and you can no longer use it
The reservation is real, confirmed and still active
You didn’t get it with bots, scripts, fake names or anything that breaks the restaurant’s or booking platform’s rules
Everything you tell us is accurate, including the restaurant, date, time, party size, seating, the name it’s under, and any deposit or late-cancel fee
You won’t ask for or accept money or anything else of value for it

Review

We check each post against the confirmation you give us before it goes live. We may use automated tools to read confirmation screenshots and emails. We can ask for more information, edit obvious mistakes, or decline or remove any post.

After someone claims it

Leave the reservation as it is so the claimer can use it. Don’t cancel it, change it or use it yourself. You can take a table back within 15 minutes of it being claimed. After that, the table belongs to the claimer.

Tables with a fee or deposit

To post a table that carries a deposit or late-cancel fee, you’ll set up payouts through Stripe. If the claimer ends up owing that amount, we may ask you for proof that the restaurant charged you before we pay you back.

7. Claiming a table

Claiming a table means you plan to go. The name on the reservation and the confirmation code appear in the app three hours before the reservation, or 15 minutes after you claim if that’s later.

Give the name on the reservation when you arrive, and follow the restaurant’s rules, including its policies on lateness, dress, minimum spend and party size
You can hand a table back at no cost within 10 minutes of claiming it
After that, if the table has a deposit or late-cancel fee and nobody else claims it before the restaurant’s cutoff, you owe that amount
If you can’t go, hand the table back in the app as early as you can so someone else can use it
Not showing up can lead to fees and to your account being paused. Two no-shows can lead to suspension

If something goes wrong at the restaurant, report it in the app as soon as you can. We’ll look into it, and we may ask both members for information.

8. Fees, deposits and payouts

Tables on Eight Thirty never have a price. The only money that can change hands is a deposit or late-cancel fee set by the restaurant, which we show before you claim.

To claim a table that carries one of these amounts, you need a card saved with Stripe, our payment processor. You authorize us to charge that card for the amount shown at the time you claim if you become responsible for it under these Terms. We pass what we collect to the poster, minus Stripe’s processing fee. We don’t keep any of it.

We never see or store your full card number
Payments and payouts are also subject to Stripe’s terms
If a charge fails, we may email you a link to pay and limit your account until it’s settled
If you dispute a charge with your bank, we may share the details of the claim with Stripe to respond
We may settle, reduce or waive any amount when we decide it’s fair, for example when a restaurant didn’t charge the poster

9. Premium

Premium is an auto-renewing subscription sold through the App Store and billed by Apple. The app shows the price and length of each option before you buy.

Your subscription renews at the end of each period until you turn renewal off in your Apple account settings. Turn it off at least 24 hours before the period ends to avoid the next charge
Apple handles payment and refunds. We can’t issue refunds for App Store purchases
If we offer free or discounted Premium time, such as through an offer code, it follows the terms shown with the offer
We may change Premium’s features or price. A price change applies from your next renewal, and Apple will tell you about it as its rules require

10. Stars

Stars are points you earn in the app, for example when a table you post is approved and when someone uses it. You can spend them on features in the app, such as an extra alert or a Prime table.

Stars have no cash value. They aren’t money, property or a gift card, and they can’t be bought, sold, transferred or exchanged for cash
We can correct Stars added by mistake and remove Stars earned by breaking these Terms
Stars earned for a post can come back off if the post is taken down, taken back or goes unclaimed
We may change how Stars are earned and spent, or end the program, with notice
You lose any unused Stars when your account closes

11. Inviting friends

You can invite friends with your code. We add Stars to your account once per friend, after their first claimed table is honored. Invite people you know, and don’t post your code where it will look like spam. Inviting yourself, creating extra accounts or trading invites for anything of value isn’t allowed, and we can remove Stars earned that way.

12. Messages and support

Once a table is claimed, the poster and claimer can message each other in the app. Keep messages about the table, and be courteous. We may review messages to keep members safe, settle problems with a table and enforce these Terms.

You can write to our team from Help in the app, or at support@eightthirty.app. We may use automated tools to help sort and draft replies to your messages.

13. Rules for using the Service

When you use Eight Thirty, you agree not to:

Buy, sell, rent or trade reservations, or ask for or offer anything of value in exchange for one, on Eight Thirty or anywhere else
Post a reservation you don’t have, one you got with bots or false information, or one you plan to cancel
Use bots, scripts, scrapers or other automated means to use the Service, claim tables or collect data from it
Get around limits in the Service, such as claim limits, viewing delays, Prime access or the take-back and hand-back windows
Create more than one account, share your account, or pretend to be someone else
Harass, threaten or mislead other members or restaurant staff
Post content that’s unlawful, infringing, hateful or sexually explicit
Copy, change, reverse engineer or interfere with the app, the website or our systems, or try to get into areas you aren’t allowed in
Use the Service or its content for any commercial purpose without our written permission
Break any law or any agreement you have with a restaurant or booking platform

14. Your content

“Your content” means what you give us through the Service, such as reservation details, confirmation screenshots, messages, profile details and reports. You keep ownership of it.

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display, adapt and share your content as needed to run, secure and improve the Service. That includes showing reservation details to the member who claims your table and sharing them with our service providers. This license ends when your content is deleted, except for copies we keep as our Privacy Policy describes.

You confirm that you have the right to share your content and that it doesn’t break the law or anyone’s rights. We may remove any content at any time.

15. Our rights in the Service

The Service, including the app, website, design, text, graphics, logos and the Eight Thirty name, belongs to us or our licensors and is protected by law. We give you a personal, limited, non-transferable and revocable license to use the app and website for your own non-commercial use under these Terms. We keep all other rights.

If you send us ideas or feedback, we can use them without owing you anything.

16. Copyright complaints

We respect copyright. If you believe something on the Service infringes a copyright you own or represent, email support@eightthirty.app with the subject line “Copyright notice” and include:

Your physical or electronic signature
A description of the work you believe is being infringed
Where the material appears on the Service, in enough detail for us to find it
Your name, mailing address, phone number and email
A statement that you believe in good faith the use isn’t authorized by the owner, its agent or the law
A statement, under penalty of perjury, that your notice is accurate and that you’re the owner or authorized to act for the owner

If we remove material because of a notice, we’ll try to let the member who shared it know. That member can send a counter-notice with the details the law requires, and we may restore the material unless the person who complained tells us they’ve gone to court. We close the accounts of repeat infringers when appropriate.

17. Restaurants

We aren’t affiliated with, endorsed by or sponsored by the restaurants that appear on Eight Thirty
Each restaurant’s own policies still apply to every reservation
Restaurant names, addresses and details come from public sources and may not always be current. Photos may show food or rooms that illustrate a restaurant’s style rather than the restaurant itself
We aren’t responsible for a restaurant’s food, service, closures or decisions, including turning away a party
A restaurant can ask us to stop listing it by writing to support@eightthirty.app

18. The App Store

If you got the app from Apple’s App Store, these terms also apply:

These Terms are between you and Eight Thirty, not Apple. We, not Apple, are responsible for the app and its content
Your license to use the app is limited to Apple-branded devices you own or control, as Apple’s usage rules allow
Apple has no obligation to provide maintenance or support for the app
If the app fails to meet a warranty that applies to it, you can tell Apple, and Apple may refund the price you paid for the app, if any. Apple has no other warranty obligation for the app
We, not Apple, are responsible for handling any claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection claims
If someone claims the app infringes their intellectual property, we, not Apple, will handle that claim
You confirm that you aren’t located in a country under a U.S. government embargo and aren’t on a U.S. government list of restricted parties
Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you

19. Changes to the Service

We’re always working on Eight Thirty, so features may change, and some may be offered as tests. We may add, change, pause or end any part of the Service. If we end the Service entirely, we’ll give you notice when we reasonably can.

20. Ending your account

You can delete your account in the app at any time under Account. Deleting it doesn’t cancel a Premium subscription, which you manage in your Apple account settings.

We may limit, pause or close your account, or remove content, if you break these Terms, if we suspect fraud or abuse, if you don’t show up for claimed tables, or if we have to for legal reasons. Where it makes sense, we’ll tell you why.

Any amount you owe for a claimed table stays owed after your account closes. Sections that by their nature should continue, such as those on fees, content licenses, disclaimers, liability, indemnity and disputes, continue after these Terms end.

21. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We don’t promise that the Service will be uninterrupted, error-free or secure, that any table will be available or honored, or that information from members or restaurants is accurate. Some places don’t allow these disclaimers, so some of them may not apply to you.

22. Limitation of liability

To the fullest extent the law allows, Eight Thirty and its owners, employees and service providers aren’t liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from the Service or these Terms, even if we were told they were possible.

Our total liability for any claim arising from the Service or these Terms is limited to the greater of the amount you paid for Premium in the 12 months before the claim arose or $100. These limits apply whatever the legal theory and don’t limit liability that the law doesn’t allow us to limit.

23. Indemnity

You agree to defend and indemnify Eight Thirty and its owners, employees and service providers against claims, losses and costs, including reasonable legal fees, that come from your use of the Service, your content, your dealings with other members or restaurants, or your breach of these Terms or the law.

24. Disputes and governing law

If you have a problem with us, please write to support@eightthirty.app first. Most issues can be sorted out quickly, and we’ll try in good faith to resolve yours within 30 days.

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Any dispute that we can’t resolve informally will be decided in the state or federal courts located in New York County, New York, and you and we agree to their jurisdiction. Either of us may bring a qualifying claim in small claims court instead.

25. General terms

These Terms, together with our Privacy Policy and any rules we show you in the app, are the whole agreement between you and us about the Service
If any part of these Terms can’t be enforced, the rest stays in effect
If we don’t enforce a part of these Terms, we haven’t given up the right to enforce it later
You can’t transfer these Terms or your account. We can transfer these Terms, for example as part of a merger or sale
We aren’t responsible for delays or failures caused by events outside our reasonable control
You agree to receive notices and other communications from us electronically, in the app or by email
Nothing in these Terms creates a partnership, joint venture, employment or agency relationship
Section titles are for convenience only

26. Contact us

Questions about these Terms can go to support@eightthirty.app, or to Help in the app.