Last updated September 25, 2026
Draft — pending legal review
This page is a working draft prepared for review by Maryland counsel and a licensed CPA. It is not final and is not yet legally binding. Do not rely on it until the final version is published.These Terms of Service ("Terms") govern your access to and use of the website and member platform (the "Service") operated by Blue Crab Guild LLC ("Blue Crab Guild", "we", "us", or "our").
By using the Service or registering interest, you agree to these Terms. If you are agreeing on behalf of a restaurant or other business, you represent that you have authority to bind that business.
You must be at least 18 years old and authorized to act for the business you represent. The Service is intended for Maryland food-service businesses and their authorized staff. We may decline or end access at our discretion.
The Service at launch is the §45B FICA tip-credit service: a self-serve tip-compliance pipeline that connects to supported point-of-sale (POS) providers, builds a normalized tip register, calculates the §45B FICA tip credit, and prepares the related credit pack, Form 8027 support, and W-2 tip-reporting data.
Payroll processing, general-ledger access, income-tax coordination, sales-tax filing, and group purchasing are not offered at launch. If and when we offer them, they will be subject to additional terms.
At launch the Service fee is a published share of the §45B credit the Service identifies for you. The fee is: the first $200 of each year's realized credit stays with you; we charge 16% of the credit above that first $200; and the annual fee is capped at $5,000. The fee is invoiced to you as a service fee.
We never take our fee out of a tax refund, a FICA deposit, or any account that holds your money, and we do not hold your funds or touch card data.
This section summarizes the fee. The binding terms for your engagement, including any changes and the governance commitments we make to members, are set out in the Membership Agreement you sign. If these Terms and your signed Membership Agreement conflict, the Membership Agreement controls.
Blue Crab Guild provides software and data services. We are not a certified public accountant, attorney, or tax preparer, and nothing in the Service is tax, legal, or accounting advice. You are responsible for your own tax positions and filings and should consult your own CPA or tax adviser. You keep your own bookkeeper and CPA relationships.
The Service estimates and prepares data to support your credit claim. It does not guarantee any particular credit, refund, or tax outcome, and it does not represent you before any tax authority.
Any government form the Service generates is delivered as a voided, non-filing draft worksheet. It is not a filing-ready return or claim, and your independent CPA or tax professional must review the underlying facts and prepare and file any return or claim.
The Service connects to third-party POS, payroll, and infrastructure providers. Their services are governed by their own terms and privacy policies, and we are not responsible for them. You are responsible for complying with your agreements with those providers and for any fees they charge you.
We own the Service, including the software, the tip-compliance pipeline, our trademarks, and our content. You keep ownership of your data and grant us the limited license we need to operate the Service for you. We may use aggregated, de-identified data to operate and improve the Service and for public reporting that does not identify you or your employees.
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any calculation or output will be accepted by any tax authority.
To the maximum extent permitted by law, Blue Crab Guild and its members, officers, and contractors will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, tax credits, or data, arising from or related to the Service. Our total liability for any claim relating to the Service will not exceed the fees you paid us in the twelve months before the event giving rise to the claim.
You agree to indemnify and hold Blue Crab Guild harmless from claims, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your data, or your breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.
We may change, suspend, or discontinue the Service, in whole or in part, and may update these Terms. If we make material changes, we will post the new version and notify members. You may stop using the Service and cancel at any time; your signed Membership Agreement controls any fees owed on cancellation.
We may suspend or terminate access if you breach these Terms, if required by law, or if your account poses a security or legal risk. On termination, we will handle your data according to our Privacy Policy and our retention obligations.
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-law rules. The state and federal courts located in Maryland will have exclusive jurisdiction over any dispute arising from these Terms or the Service, unless your signed Membership Agreement says otherwise.
Questions about these Terms? Email support@bluecrabguild.com or write to Blue Crab Guild LLC, [REGISTERED ADDRESS].
