TERMS OF USE

1. About these terms

These Terms of Use describe the permitted use of the Jab! website and its materials. “Jab!,” “we,” “us” and “our” refer to Jab!. The site provides information for people evaluating our restaurant assessment services.

Viewing this site, downloading a brief or discussing a possible project does not hire Jab!, reserve services, establish a partnership or create an employment, agency or advisory relationship. We do not accept orders or payments through this site. Any paid engagement requires a separate written agreement signed by authorized representatives.

2. Permitted use and website materials

You may view this site and download its planning materials for your own lawful, internal evaluation of Jab!'s services. You may share a link to the site. You must preserve copyright and attribution notices on any permitted copies.

Jab! and its licensors retain their rights in the site's content, design, branding, templates and methods. This permission does not authorize resale, republication of substantial portions, creation of a competing collection, removal of ownership notices, or use of our name or marks to imply approval or endorsement. It does not limit uses independently permitted by applicable law. No other rights are granted by implication.

3. The assessment brief builder

The brief builder prepares a file locally on your device. The website does not submit the brief to Jab!. A download is not a booking, an accepted proposal, a service order or a promise to contact you. You control whether and how to share the downloaded file.

Use general business information when preparing a brief. Do not include passwords, payment card details, medical information, confidential personnel records, identifying allegations or other sensitive information. You are responsible for safeguarding the downloaded file and deciding who receives it. The tool is not a confidential reporting channel or an emergency service.

4. Responsible use

You may not use the site to violate the law, infringe another person's rights, impersonate someone, transmit malicious code, interfere with availability, bypass access restrictions, or attempt unauthorized access to systems or information. You may not falsely attribute statements or endorsements to Jab!.

We may change, restrict or discontinue website features, or take reasonable measures to address suspected misuse, security incidents or legal requirements. These website rights do not cancel or change our obligations under a signed services agreement.

5. Consulting engagements and order of precedence

A signed services agreement and statement of work establish the contracting parties, locations, scope, visit approach, deliverables, fees, expenses, payment terms, timing, change requests and cancellation arrangements. Relevant confidentiality, security and data processing terms must be agreed as part of that engagement.

A signed engagement agreement controls over these website terms for the services it covers. This order of precedence does not authorize weakening source protections already promised to a participant. Website descriptions do not expand an agreed scope, guarantee availability or amend a contract. We may decline proposed work. Any pause or termination of accepted work, including unsafe or unlawful activity, remains subject to the signed agreement and applicable law.

6. Authority, information and lawful access

A client commissioning an assessment must have authority to authorize the agreed work, identify the correct locations, provide materially accurate information and disclose relevant access restrictions and known hazards. A client must have the rights and lawful authority needed to provide any materials or personal information to Jab!.

Staff surveys, access to nonpublic areas or records, and the sharing of personal information require suitable arrangements, notices and permissions. An engagement does not authorize covert recording, entry into restricted areas, access to private accounts or collection of information beyond the agreed lawful scope. Separate recording proposals require specific written agreement and compliance with applicable consent requirements.

We will not knowingly accept instructions to fabricate findings, evade legal duties, identify a confidential source for routine management purposes, or facilitate retaliation. Clients remain responsible for their operations and for lawful, fair decisions affecting guests and employees.

7. What an assessment can and cannot establish

Our role is to observe, document patterns, identify issues, and recommend changes within the agreed scope. A phased assignment may begin with a random selection across a group or a targeted set of locations, followed by agreed visits, checks, and reporting. Reports consider how proposed changes may affect guests, employees, costs, training, and execution across locations. Findings reflect the evidence available, including what is working. The client decides whether and how to act and remains responsible for implementation, staffing, operations, and resulting decisions. Follow-up visits and additional locations require agreed scope.

An assessment reflects a sample of visits, conditions and information within the agreed scope. It may include direct observations, accounts provided by other people and professional judgments. Reported experiences can be incomplete or disputed. One shift or location does not establish what happens throughout a restaurant group. Visit-history checks, supporting records, and other verification are limited by the agreed scope, available evidence, lawful access, and appropriate permissions. We distinguish verified information from self-reported information and unresolved points. Such checks are not a guarantee that an account is complete or accurate.

Our feedback is intended to support operational decisions. It is not legal, employment, liquor licensing, financial or other regulated professional advice; a food safety certification; or a substitute for an investigation required by law. The client must independently evaluate serious allegations and obtain appropriate professional advice before taking consequential action.

We do not guarantee discovery of every issue, a particular rating, increased sales, profitability, customer or employee retention, or any other business outcome. Discreet visits are our intended approach, but no method can guarantee that an observer will never be recognized.

8. Confidentiality and source protection

Paying for an assessment does not buy the identity of a confidential source. Source protection applies to employees, managers, leadership, and guests who provide confidential feedback. We guarantee that ordinary client reports will not name protected sources, subject only to the narrow exceptions in this section. We review names, roles, shifts, distinctive quotations, incidents, workplace relationships, and location-specific dynamics, then remove, generalize, combine, or withhold identifying details. Raw notes, individual survey responses and identifying source information are not standard deliverables.

We may report combined feedback across a sufficiently broad participant and restaurant pool when doing so protects identities. A large group alone does not establish anonymity. We assess unique roles, incidents, location details, and comparisons between reports. We may broaden the reporting group, redact details, defer reporting, or withhold an account, including its location, rather than expose a source. The client is not entitled to information withheld for these protections.

Before participation, we explain the protections, reporting approach, and narrow exceptions in plain language. The guarantee concerns our reporting practices. Confidential feedback may be known to Jab!, and anonymous collection is described as such only when the method supports it. We cannot guarantee that a third party will never infer an identity from surrounding facts. We prioritize protection when deciding what can be safely reported.

A client demand, dissatisfaction with findings, or desire to identify a critic does not override source protection. We may disclose limited source information only when we reasonably determine it is necessary and lawful to address a credible, active threat to life, health, or safety; credible evidence of illegal activity, including unlawful retaliation or unlawful threats to someone’s livelihood; or a requirement of law or binding legal process. Ordinary criticism, workplace disagreements, gossip, performance concerns, and management embarrassment do not by themselves meet that threshold. A complaint about a source is not, by itself, evidence of illegal activity. We share only what is necessary with recipients positioned to respond. Where lawful and appropriate, we seek to limit compelled disclosure and protect affected people.

The applicable participant notice and signed agreement explain the protections and limits for an engagement. A client agreement will not weaken a protection previously promised to a participant. Nothing in these terms authorizes retaliation or restricts lawful reporting to regulators, law enforcement or other protected reporting channels.

9. Reports, methods and client materials

Clients retain their rights in materials they supply. Jab! retains its pre-existing methods, templates, tools, know-how and other intellectual property. The signed services agreement determines rights in final deliverables, the client's internal-use license, permitted sharing with authorized affiliates or professional advisers, and any payment conditions.

A report is prepared for its named client and agreed purpose. No third party receives a right to rely on it unless Jab! expressly agrees in writing. Sharing a report does not expand its scope or convert it into an endorsement, certification or guarantee. Reports must not be selectively altered or presented in a misleading way.

10. Privacy and external services

Our Privacy Policy explains the information handling associated with this website. It does not grant permission to use information beyond the purposes and protections described there.

Hosting providers and any external websites linked from this site operate their own services. Their applicable terms and privacy notices govern those services. A link does not imply our endorsement or control. We are not responsible for independent third-party content or services except to the extent responsibility is imposed on us by applicable law or a signed agreement.

11. Website disclaimers

The website and its general planning materials are provided “as is” and “as available.” To the fullest extent permitted by applicable law, Jab! disclaims express or implied warranties concerning the website, including merchantability, fitness for a particular purpose and noninfringement. We do not promise uninterrupted availability, error-free content or compatibility with every device.

Website information may change or contain errors. General descriptions and examples are not individualized advice. These website disclaimers do not replace an express commitment in a signed services agreement or exclude a warranty or right that applicable law does not allow us to exclude.

12. Limits of liability for website use

This section applies only to use of this informational website and its free planning tools. Liability for consulting services is governed by the signed services agreement.

To the fullest extent permitted by applicable law, Jab! is not liable for indirect, incidental, special, consequential or punitive damages arising from website use, including resulting loss of profits, revenue, data or business opportunities. Subject to the exceptions below, Jab!'s total liability for claims arising from website use will not exceed US $100 in the aggregate, regardless of the legal theory.

These exclusions and the cap do not apply to our fraud, willful misconduct, gross negligence, breach of an applicable confidentiality obligation, or any liability, remedy or right that cannot lawfully be excluded or limited. They do not waive nonwaivable privacy rights. If applicable law prohibits a particular exclusion or limit, that provision applies only to the extent the law permits.

13. Responsibility for deliberate misuse

To the extent permitted by applicable law, you agree to indemnify Jab! against amounts finally awarded to a third party, reasonable legal costs, and settlements you approve in writing, but only to the extent caused by your intentional unlawful misuse of this website or your knowing infringement of another person's intellectual property rights in materials you provide to Jab! outside a signed engagement.

This obligation does not cover losses caused by Jab!'s negligence, misconduct or breach of duty, does not apply merely because you raise a good-faith complaint, and does not supersede an engagement's indemnity provisions. Jab! will provide reasonably prompt notice of a covered claim and reasonable cooperation. Neither party may enter a settlement that imposes an admission, payment or ongoing obligation on the other without that party's written consent.

14. Changes and general provisions

We may update these terms by posting a revised version with a new updated date. Material changes will be identified on the site and apply prospectively, with additional notice or consent where required by law. A website update does not amend a signed agreement or retroactively authorize new uses of information collected under an earlier privacy promise.

Applicable law determines the law and forum for a website dispute. These terms do not impose mandatory arbitration, a class action waiver or a shortened statutory deadline. A signed services agreement may establish its own lawful dispute process.

If a provision is unenforceable, it will be limited or severed to the extent necessary, and the remaining provisions will remain effective where legally permissible. A failure to enforce a provision is not a waiver of later enforcement. These terms do not create rights for third-party beneficiaries and do not limit rights that cannot lawfully be waived.