Terms of Service

These Terms of Service ("Terms") are a legal agreement between RestoStackAI ("RestoStack AI," "we," "us," or "our") and the business or person accessing or using our services ("Customer," "you," or "your").

By creating an account, signing an order form, clicking to accept these Terms, or using the services, you agree to these Terms. If you use the services on behalf of a restaurant, franchise, group, or other entity, you represent that you have authority to bind that entity.

If you have a separate signed agreement with RestoStack AI, that agreement controls if it conflicts with these Terms.

RestoStack AI provides software and related services for restaurants, which may include:

• POS workflow, menu, order, customer, and operational management tools.
• Delivery channel aggregation, routing, synchronization, reporting, and performance analytics.
• Social media management, content planning, posting, comment or message workflows, and analytics.
• AI voice agents that can answer calls, capture missed calls, summarize conversations, collect order or reservation information, and route follow-up tasks.
• Integrations with third-party POS systems, delivery marketplaces, social media platforms, messaging tools, telephony providers, payment processors, and other restaurant technology systems.

Specific features, usage limits, support levels, implementation services, and fees may be described in an order form, subscription plan, statement of work, or other written agreement.

You are responsible for all activity under your account and for ensuring that your users comply with these Terms. You must keep credentials secure, promptly revoke access for users who no longer need it, and notify us of unauthorized use or security incidents involving your account.

You are responsible for the accuracy, quality, legality, and availability of data, content, instructions, menus, prices, taxes, store hours, promotions, connected accounts, and other materials that you provide or configure in the services.

You are responsible for obtaining and maintaining all permissions, consents, notices, licenses, and rights needed for RestoStack AI to provide the services, including rights related to customer communications, call recording, AI voice interactions, SMS or messaging, email marketing, social media content, delivery channel data, and third-party integrations.

"Customer Data" means data, content, and materials submitted to or processed through the services by or on behalf of Customer, including restaurant customer information, order information, calls, messages, menus, social media content, integration data, and operational data.

As between you and RestoStack AI, you own Customer Data. You grant RestoStack AI a non-exclusive, worldwide license to host, process, transmit, display, use, and create technical outputs from Customer Data as needed to provide, secure, support, improve, and maintain the services and as otherwise permitted by these Terms or your agreement with us.

Where RestoStack AI processes personal information on your behalf, RestoStack AI will process it according to your documented instructions, the applicable agreement, and applicable law. If required, the parties may enter into a data processing agreement.

You may export or delete Customer Data as supported by the services and your plan. Some data may remain in backups, logs, legal records, fraud prevention records, or archival systems for a limited period as permitted by law and our retention practices.

RestoStack AI may integrate with third-party services selected or authorized by you, including POS providers, delivery marketplaces, social media platforms, telephony providers, AI providers, payment processors, analytics tools, and messaging providers.

Third-party services are not controlled by RestoStack AI. We are not responsible for third-party service performance, availability, security, data practices, policy changes, fees, outages, delays, or errors. Your use of third-party services is governed by your agreements with those providers.

You authorize RestoStack AI to access, exchange, and process data with third-party services as needed to provide the services you configure. You are responsible for ensuring that your use of each integration complies with applicable third-party terms and policies.

RestoStack AI may provide AI-enabled features, including voice agents, call transcription, call summaries, suggested replies, intent detection, order or reservation extraction, and workflow automation.

AI outputs may be incomplete, delayed, inaccurate, or inappropriate for a specific situation. You are responsible for reviewing AI outputs before relying on them, especially for orders, pricing, refunds, customer complaints, employment matters, legal matters, health or allergy information, emergencies, or other sensitive situations.

AI voice agents are not emergency services, human operators, legal advisors, medical advisors, or financial advisors. You must not represent AI outputs as guaranteed, error-free, or a substitute for trained staff review where review is appropriate.

You are responsible for providing required disclosures and obtaining required consents for AI voice interactions, call recording, call monitoring, transcription, SMS, email, and automated communications. You must not use the services to send unlawful robocalls, spam, deceptive communications, or marketing messages without proper authorization.

You represent that you own or have all rights needed to upload, create, schedule, publish, and manage content through RestoStack AI. You are responsible for social media posts, captions, images, videos, comments, messages, promotions, claims, disclosures, and campaigns published or managed through your account.

You must comply with applicable advertising, consumer protection, intellectual property, platform, and industry rules. RestoStack AI may remove or refuse to process content that appears to violate these Terms, law, third-party rights, or platform policies.

You agree to pay all fees described in the applicable order form, subscription plan, invoice, statement of work, or online checkout flow. Unless otherwise stated in writing, fees are due in advance and are non-refundable.

You authorize RestoStack AI and its payment processors to charge your payment method for fees, usage charges, implementation fees, add-ons, overages, renewals, taxes, and other amounts due. You are responsible for keeping billing information accurate and current.

You are responsible for applicable taxes, duties, and governmental charges other than taxes based on RestoStack AI's income. Late amounts may result in suspension, termination, collection activity, interest, or other remedies permitted by law and your agreement.

You must not, and must not allow others to:

• Use the services in violation of law, third-party rights, platform policies, or these Terms.
• Access or attempt to access accounts, systems, data, or integrations without authorization.
• Interfere with, disrupt, overload, scan, probe, or test the vulnerability of the services except through an authorized security disclosure program.
• Upload malicious code, unlawful content, deceptive content, infringing content, or content that violates platform policies.
• Use the services for unlawful surveillance, spam, harassment, discrimination, fraud, misleading marketing, or unauthorized automated communications.
• Reverse engineer, scrape, copy, resell, sublicense, or exploit the services except as permitted by law or an agreement with RestoStack AI.
• Remove proprietary notices or misrepresent the source or performance of the services.

Each party may receive confidential information from the other. The receiving party will use the disclosing party's confidential information only to perform or receive the services and will protect it using reasonable care. Confidential information does not include information that is public through no fault of the receiving party, already known without confidentiality restrictions, independently developed, or rightfully received from a third party without confidentiality obligations.

RestoStack AI and its licensors own all rights, title, and interest in the services, software, documentation, designs, models, workflows, technology, and related intellectual property. Except for the limited right to use the services during your subscription, no rights are transferred to you.

If you provide feedback, suggestions, or ideas, you grant RestoStack AI the right to use them without restriction or compensation.

We may offer beta, preview, experimental, or early-access features. Beta features are provided as-is, may change or be discontinued at any time, may be subject to additional terms, and may be less reliable than generally available features.

We may suspend or limit access to the services if we believe your use creates security, legal, operational, payment, or third-party platform risk; violates these Terms; or may harm RestoStack AI, customers, end users, integrations, or third parties.

Either party may terminate as described in the applicable agreement. Upon termination, your right to use the services ends. Provisions that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnity, and dispute provisions.

To the maximum extent permitted by law, the services are provided "as is" and "as available." RestoStack AI disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and error-free operation.

RestoStack AI does not guarantee that third-party services, delivery marketplaces, POS systems, social networks, telephony providers, AI providers, internet providers, or payment processors will be available, accurate, secure, or error-free.

To the maximum extent permitted by law, RestoStack AI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, service interruption, or business interruption.

To the maximum extent permitted by law, RestoStack AI's total liability arising out of or relating to the services or these Terms will not exceed the amounts paid by Customer to RestoStack AI for the services giving rise to the claim during the twelve months before the event giving rise to liability.

You will defend, indemnify, and hold harmless RestoStack AI and its affiliates, officers, directors, employees, agents, and representatives from claims, damages, liabilities, losses, costs, and expenses arising from or related to Customer Data, your content, your integrations, your violation of law or these Terms, your customer communications, your use of AI voice agents, your social media activity, or your products and services.

These Terms are governed by the laws of the United States, without regard to conflict-of-law rules. The parties agree to resolve disputes in the courts located in the United States, unless the applicable agreement states otherwise.

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and provide additional notice where appropriate. Your continued use of the services after changes become effective means you accept the updated Terms.

Questions about these Terms may be sent to:

RestoStack AI
RestoStackAI
Email: [email protected]