1. Acceptance of Terms
By accessing or using OrderEchoAI's website, platform, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
2. Description of Services
OrderEchoAI provides an AI-powered voice ordering platform designed for restaurants. Our Services include AI voice agents for phone orders and drive-thru ordering, POS integration (Toast, Square, Clover), delivery dispatch, menu management, order analytics, and related tools for restaurant operations.
3. Account Registration
To use our Services, you must create an account and provide accurate, complete information about your restaurant business. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law or regulation, including food safety, health code, and consumer protection laws
- Accept orders for items that are illegal, unsafe, or misrepresented
- Use the AI voice agent to make unsolicited outbound marketing calls to consumers
- Transmit harmful, threatening, abusive, or harassing content through the voice agent
- Misrepresent menu items, prices, allergen information, or ingredient contents
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any systems
- Use the Services for any purpose other than restaurant ordering operations
- Resell or sublicense the Services to third parties without authorization
5. Restaurant Responsibilities
As a restaurant operator using our Services, you are responsible for:
- Maintaining accurate and up-to-date menu information, including allergen disclosures
- Ensuring your POS system is properly connected and operational
- Fulfilling orders taken by the AI voice agent in a timely manner
- Complying with all applicable food safety and health regulations
- Properly marking items as unavailable (86'd) when they are out of stock
- Maintaining appropriate business licenses and food handling permits
6. Billing and Payment
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as explicitly stated in your plan terms. We reserve the right to change pricing with 30 days' notice. Orders beyond your plan's included limit will be billed at the per-order rate specified in your plan.
7. Order Accuracy and Liability
While OrderEchoAI strives for high order accuracy, AI voice ordering may occasionally misinterpret customer requests. You acknowledge that final order verification and fulfillment is the responsibility of the restaurant. We are not liable for orders that are fulfilled incorrectly by the restaurant or for food quality, safety, or allergen issues.
8. Intellectual Property
The Services, including all software, AI models, designs, text, and other content, are owned by OrderEchoAI and protected by intellectual property laws. You retain ownership of your data, including menu content, order records, and customer information. You grant us a limited license to process your data solely to provide the Services.
9. Data and Privacy
Your use of the Services is also governed by our Privacy Policy. You are responsible for ensuring that your use of the Services, including any customer data collected through orders, complies with all applicable privacy and data protection laws in your jurisdiction.
10. Service Level Agreement
We target 99.8% uptime for our platform. If we fail to meet this target in any calendar month, you may be eligible for service credits as described in your plan documentation. Scheduled maintenance windows are excluded from uptime calculations.
11. Limitation of Liability
To the maximum extent permitted by law, OrderEchoAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from your use of the Services. This includes, without limitation, losses arising from incorrect orders, missed orders during service outages, or customer complaints. Our total liability shall not exceed the fees paid by you in the twelve months preceding the claim.
12. Indemnification
You agree to indemnify and hold OrderEchoAI harmless from any claims, losses, or damages arising from your use of the Services, your violation of these Terms, food safety incidents at your restaurant, or your violation of any third-party rights.
13. Termination
Either party may terminate these Terms at any time. You may cancel your account through the dashboard or by contacting support. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Services ceases immediately. We will make your data available for export for 30 days following termination.
14. Modifications
We may update these Terms from time to time. Material changes will be communicated via email or through the Services with at least 30 days' notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
16. Contact
For questions about these Terms, please contact us at legal@orderechoai.com.