Terms of Service

These Terms of Service ("Terms") govern your use of the BiteBot platform operated by BiteBot LLC, a Virginia limited liability company ("we," "us," or "our") at bitebot.ai (the "Platform"). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms apply to Restaurant Partners who use the Platform to enable AI voice ordering for their restaurant. Separate terms may apply to callers who interact with our AI voice agent; see our Privacy Policy for details.

BiteBot provides an AI-powered voice ordering platform that:

• Answers phone calls on behalf of your restaurant using an AI voice agent
• Takes food orders from callers through natural language conversation
• Delivers orders to your restaurant dashboard and optional POS integration
• Provides call recordings, transcripts, and analytics
• Recognizes returning callers and personalizes the ordering experience based on past order history (when enabled by the Restaurant Partner)
• Operates according to your configured menu, hours, and preferences

Our AI voice agent is designed to handle routine ordering scenarios. It is not a replacement for human staff in all situations, and certain calls may require human intervention.

You acknowledge and agree that:

• Order Accuracy: Our AI voice agent strives for accuracy but does not guarantee 100% correct order transcription. Background noise, accents, unusual menu items, and other factors may cause errors. You are responsible for reviewing and verifying orders before preparation.
• Allergen Information: Our AI voice agent may convey allergen and dietary information based on your menu data, but you are solely responsible for the accuracy of allergen information in your menu. BiteBot does not verify allergen data and is not liable for allergic reactions or dietary issues arising from inaccurate menu information.
• Menu Accuracy: You are responsible for keeping your menu up to date, including item availability, pricing, and descriptions. The AI agent can only work with the menu data you provide.
• Service Availability: While we strive for high uptime, the Platform may experience occasional outages for maintenance, updates, or unforeseen technical issues. We recommend maintaining a backup ordering method (e.g., direct phone line with staff).

All calls handled by BiteBot's AI voice agent are recorded. You acknowledge and agree that:

• Our AI voice agent discloses its AI nature and the call recording at the beginning of each call. This disclosure is required by law and cannot be removed or modified by Restaurant Partners.
• Call recordings are used for order processing, quality assurance, dispute resolution, and service improvement.
• You will inform your staff that calls handled by BiteBot are recorded.
• Call recordings are retained for 90 days and then automatically deleted.

Customer Data: Personal information collected from callers (phone numbers, names, orders) during calls to your restaurant is processed by BiteBot on your behalf. For the purposes of data protection law, you are the data controller and BiteBot is the data processor for this customer data.

Restaurant Data: Your restaurant profile, menu, configuration, and account information is owned by you. You may export your data or request deletion at any time by contacting us.

Order History & Personalization: When enabled by the Restaurant Partner, we store summaries of callers' past orders (items ordered, customization preferences, ordering frequency) associated with their phone number. This data is used solely to personalize future ordering experiences at that specific restaurant. It is never shared with other restaurants or third parties. This data is automatically deleted after 12 months of inactivity. Callers may request deletion of their order history at any time by contacting the restaurant or BiteBot directly.

Aggregated Data: We may use aggregated, de-identified data derived from Platform usage for product improvement, analytics, and research purposes. This data cannot be used to identify individual restaurants or callers.

As a Restaurant Partner, you agree to:

• Provide accurate and up-to-date restaurant information, menu data, and operating hours
• Maintain accurate allergen and dietary information in your menu
• Review and verify AI-generated orders before preparation
• Maintain a backup ordering method for times when the Platform is unavailable
• Inform your staff about the AI voice ordering system and call recording
• Comply with all applicable local, state, and federal laws regarding food service and safety
• Keep your account credentials secure and notify us of any unauthorized access
• Not use the Platform for any unlawful purpose or in violation of these Terms

Subscription: The Platform is offered on a subscription basis. Current plans and pricing are displayed on the Platform. You agree to pay the subscription fees associated with your selected plan.

• Billing: Subscription fees are billed monthly or annually through Stripe. Usage-based charges (per-minute voice fees) are billed in arrears based on actual usage.
• Free Trial: If offered, free trial terms will be communicated at sign-up. You will not be charged until the trial period ends, and you may cancel before the trial ends to avoid charges.
• Refunds: Subscription fees are non-refundable except as required by applicable law. If you cancel mid-cycle, your service continues through the end of the billing period.
• Phone Number: Your BiteBot phone number is provisioned and maintained as part of your subscription. If your subscription is cancelled, your phone number will be released after a 30-day grace period.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• BiteBot's total liability for any claims arising from or related to these Terms or the Platform shall not exceed the total subscription fees paid by you in the 12 months preceding the claim.
• BiteBot shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• BiteBot is not liable for damages arising from: (a) order errors caused by AI transcription inaccuracies; (b) allergic reactions or dietary issues resulting from inaccurate menu data provided by you; (c) service interruptions or outages; (d) actions of third-party service providers (Retell AI, Stripe, POS providers).

Your Indemnification: You agree to indemnify, defend, and hold harmless BiteBot and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) inaccurate menu data or allergen information you provide; (d) your violation of any applicable law.

Our Indemnification: BiteBot will indemnify you from claims arising directly from: (a) a security breach of the Platform caused by our negligence; (b) our failure to comply with applicable data protection laws regarding data we control.

• By You: You may cancel your subscription at any time through the Platform dashboard or by contacting us. Your service continues through the end of the current billing period.
• By Us: We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in conduct that harms the Platform or other users. We will provide 30 days written notice before termination, except in cases of immediate harm.
• Effect of Termination: Upon termination, your AI voice agent will be deactivated and your phone number released (after a 30-day grace period). Your data will be available for export for 60 days after termination, after which it will be deleted.

The Platform, including its design, code, AI models, and branding, is owned by BiteBot and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your restaurant business during your subscription.

Your restaurant name, logo, menu content, and other materials you provide remain your property. You grant BiteBot a limited license to use this information solely for the purpose of providing the Platform services.

Any disputes arising from these Terms or your use of the Platform will be resolved through:

1. Informal Resolution: You agree to first attempt to resolve any dispute by contacting us at support@bitebot.ai.
2. Binding Arbitration: If informal resolution fails after 30 days, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
3. Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

We may update these Terms from time to time. When we make material changes, we will notify you through the Platform dashboard and require re-acceptance of the updated Terms before you can continue using certain features. The updated version number and date will be displayed at the top of these Terms.

If you have questions about these Terms, please contact us:

• Email: support@bitebot.ai
• Website: bitebot.ai