Terms of Use

1. Acceptance of Terms

By creating an account, starting a trial, purchasing a subscription, or otherwise using SmartServe AI, you confirm that you are authorized to act on behalf of your restaurant or business and that you accept these Terms of Use. If you do not agree, you must not use the service.

2. Description of Service

SmartServe AI provides software tools for restaurant automation, including reservation handling, guest communications, menu-related support, operational workflows, and related analytics or integrations. Features may evolve over time, and we may update, improve, suspend, or discontinue parts of the service where reasonably necessary for product, security, or legal reasons.

3. AI and Service Limitations

SmartServe AI is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, except as expressly stated in these Terms or required by applicable law. Because the platform utilizes artificial intelligence for guest messaging, automation, and related operational workflows, AI-generated responses and automated actions may occasionally contain inaccuracies, omissions, or hallucinations. You acknowledge that automated outputs are not a substitute for human judgment in matters affecting guest safety, legal compliance, or material business decisions.

The Restaurant is solely responsible for monitoring AI outputs, reviewing automated communications before they are relied upon where appropriate, and verifying critical operational data—including but not limited to allergen information, dietary restrictions, pricing, capacity, and high-value or time-sensitive bookings. SmartServe AI does not guarantee the accuracy, completeness, or suitability of any AI-generated content and is not liable for any errors, miscommunications, or operational consequences arising from automated mistakes, delays, or misinterpretations attributable to the use of the service.

4. Data Processing and Privacy

In connection with guest personal data processed through the service—including names, phone numbers, email addresses, reservation details, messaging content, and related identifiers—the Restaurant acts as the Data Controller and SmartServe AI acts as the Data Processor, processing such data solely on the Restaurant’s documented instructions and as necessary to provide, secure, and improve the service. The Restaurant warrants that it has obtained all necessary legal bases, notices, and consents from its guests (and, where applicable, staff or other data subjects) to collect, use, and transfer their personal data to SmartServe AI for processing in accordance with applicable data protection laws.

Each party will implement appropriate technical and organizational measures to protect personal data. Additional details regarding how SmartServe AI collects, uses, stores, and shares information are set out in our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to personal data, the Privacy Policy will govern to the extent of that conflict.

5. Third-Party Dependencies

The service relies on third-party communication providers, channels, and infrastructure—including SMS networks, WhatsApp, messenger APIs, telephony carriers, cloud hosting, and payment or integration partners—that are not owned or controlled by SmartServe AI. Delivery, timing, formatting, and availability of outbound and inbound messages may be affected by the policies, rate limits, technical constraints, and operational status of those third parties.

SmartServe AI is not responsible or liable for any delayed, failed, blocked, filtered, undelivered, or misrouted messages, nor for any service interruption, degradation, or data loss caused by outages, maintenance, policy changes, geographic restrictions, or other limitations of third-party platforms, except to the extent directly caused by our breach of these Terms or our negligence.

6. Subscription Fees and Billing

Paid plans are billed on a recurring basis according to the pricing presented at checkout unless otherwise agreed in writing. You authorize SmartServe AI and its payment processors to charge the applicable subscription fees, taxes, and any other disclosed charges using your selected payment method. Fees are generally non-refundable except where required by law or where a refund policy is expressly stated at the time of purchase.

7. Account Security

You are responsible for maintaining the confidentiality of your login credentials, verification codes, API keys, integrations, and connected channels. You must promptly notify us of any suspected unauthorized access or security incident. You remain responsible for activity occurring under your account unless caused solely by our breach of these terms or our negligence.

8. Limitation of Liability

To the fullest extent permitted by law, SmartServe AI and its affiliates, officers, employees, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, data, revenue, goodwill, or business opportunities arising from or related to your use of the service. Our aggregate liability for any claim related to the service will not exceed the amount paid by you to SmartServe AI for the service during the twelve months preceding the event giving rise to the claim.

9. Termination

You may stop using the service at any time. We may suspend or terminate access where reasonably necessary for non-payment, security risks, suspected fraud, misuse of the platform, violation of these terms, or legal compliance. Upon termination, your right to use the service ends immediately, though provisions that by their nature should survive termination, including payment obligations, disclaimers, and liability limits, will remain in effect.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict-of-law principles. The courts located in the United States will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the service, except where mandatory law requires otherwise.

Prior to initiating any formal legal action, arbitration, or court proceeding, both parties agree to attempt to resolve the dispute amicably through good-faith negotiations for a period of at least thirty (30) days from the date one party delivers written notice of the dispute to the other. If the dispute is not resolved within that period, either party may pursue available legal remedies.