Terms of Service

The service

We provide a hosted back-office application for restaurants (accounting, inventory, scheduling, time clock, payroll records, HR, hiring, marketing, an AI helper and related tools) and the websites, phone app and APIs that go with it (the "Service"). Features and plans may change. Some features are in beta and are provided as they are.

Accounts and access

• You must provide accurate information and keep your credentials secure. You are responsible for everything done under your account, including by the people you invite.
• The owner decides what each admin, manager and staff member can see and do. Choose these settings carefully, especially for pay, tax and HR information.
• Tell us promptly at the contact below if you suspect unauthorized access.

Your responsibilities as an employer and business

You are responsible for how you use the Service and for complying with the laws that apply to your business, including:

• Giving your employees and applicants every notice and getting every consent the law requires before you collect, record, photograph, screen or monitor them (for example privacy notices, e-signature consent, call-recording consent, background-check disclosures and authorizations, and photo or biometric consent where required).
• The accuracy of the schedules, hours, pay rates, tax settings, withholdings and records you enter or approve, and the lawful payment of your employees. Payroll and tax features help you prepare and record; you are responsible for filings and payments unless a payroll provider you connect says otherwise in writing.
• Hiring and employment decisions. AI scoring or summaries of applicants and employees are tools to assist a person and must not be the sole basis of a decision. Follow equal-opportunity, fair-credit and anti-discrimination laws.
• Whether recording or texting is lawful where you operate. You must tell callers an AI receptionist may record the call, and you must have permission before texting.
• Following the terms of any third-party service you connect.

AI features

Chef Benny is powered by an AI provider or an AI agent that you choose and connect, using your own key or your own computer. You are responsible for that provider's charges and terms, and you must keep your connection secure. Output can be incomplete or wrong. Review it before relying on it. Changes to pay, taxes, alerts, job posts and similar records are lined up for a person to confirm and are not made until someone confirms them.

We do not use your data to train our own AI models.

Your data

You own your data ("Customer Data"): everything you or your Authorized Users enter, upload or generate in the Service. You grant us a limited right to host, copy, process and display it only to provide, secure, support and improve the Service for you, and as described in our Privacy Policy and Data Processing Addendum.

You may export your data at any time through the tools in the Service, and ask us for help doing so. After an account ends we keep your data for [30] days for export and then delete it, except where law requires us to keep it.

We may use de-identified, aggregated usage information to run and improve the Service.

Acceptable use

You and your Authorized Users may not:

• Break the law, infringe others' rights, or upload content you have no right to upload.
• Upload malware, probe or test the security of the Service without our written permission, or interfere with its operation.
• Use the Service to harass, discriminate against, or unlawfully surveil people, or to send unsolicited marketing in breach of CAN-SPAM, TCPA or similar laws.
• Resell the Service, or use it to build a competing product, except as we agree in writing.
• Share credentials, or evade limits, security controls or billing.

Fees, trials and cancellation

• Fees, billing periods and what a "location" means are shown when you sign up or in your order. Fees are charged through our payment provider and are non-refundable except where the law or your order says otherwise. [Confirm: pricing, trial, refund and renewal terms.]
• You can cancel at any time in the Service or by contacting us; cancellation takes effect at the end of the current billing period. We may change prices with at least [30] days' notice.
• Taxes are your responsibility unless stated otherwise.
• We may suspend the Service for non-payment, security risk or breach, with notice where practical.

Third-party services

The Service works with services run by others (for example payment, email, phone, social, POS, storage, background-check and AI providers). We are not responsible for their services or terms. Our Subprocessors page lists the providers we use to run the Service.

Not professional advice

The Service is a tool. It does not provide legal, tax, accounting, payroll-compliance, employment, medical or food-safety advice. Consult a qualified professional for those.

Confidentiality

Each party will protect the other's non-public information using at least reasonable care and use it only for the purposes of these Terms, except where disclosure is required by law.

Intellectual property and feedback

We and our licensors own the Service, its software, design and brand. You may use it as these Terms allow. If you give us feedback or ideas, we may use them without obligation to you.

Availability and support

We work to keep the Service available and will make reasonable efforts to fix problems, but we do not guarantee uninterrupted or error-free operation, and some features depend on other providers or on the Customer's own computer being on. We may perform maintenance and will try to give notice of planned downtime.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT AI OUTPUT OR CALCULATIONS WILL BE ACCURATE OR COMPLETE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE [12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW. [Counsel to confirm the exceptions, such as data-breach and indemnity carve-outs.]

Indemnity

You will defend and indemnify us against third-party claims arising from your Customer Data, your violation of these Terms or the law, or your use of the Service in connection with your employees, applicants and customers (including claims about notices, consents, recording, screening and pay). We will defend and indemnify you against third-party claims that the Service itself infringes their intellectual property rights, subject to the limits above. [Counsel to confirm.]

Term and termination

These Terms last while you use the Service. Either party may end them for material breach not fixed within [30] days of notice. When they end, your right to use the Service stops, and the data provisions above apply. Sections that by their nature should survive (data, confidentiality, fees owed, disclaimers, liability, indemnity, governing law) survive.

Governing law and disputes

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. The courts located in [State] have exclusive jurisdiction, except that either party may seek injunctive relief anywhere. [Counsel to confirm venue and whether to add arbitration or a class-action waiver.]

Electronic communications and signatures

You agree to receive notices from us electronically (in the Service, by email), and that electronic signatures and records have the same effect as paper.

Changes

We may update these Terms. We will give owners notice of material changes in the Service or by email before they take effect. Continued use after the effective date means you accept them.

General

These Terms, with the Privacy Policy and Data Processing Addendum, are the entire agreement on the Service. If a part is unenforceable the rest stays in effect. You may not assign these Terms without our consent, except to a successor of your business. No waiver unless in writing.

Contact

[email protected]. Mail: Chef Nerd AI, [Mailing address].