Terms of Use (End Users)

1. About These Terms and Who We Are

These End-User Terms ("Terms" or "Agreement") govern your access to and use of the Voice AI Ordering platform ("Service") provided by ConverseNow Technologies, Inc. ("ConverseNow"). The Service enables end-users to place orders with participating restaurants. The restaurant at which you place your order is referred to as the "Restaurant."

By using the Service, you acknowledge that you are not obtaining any license to the underlying software, nor do you acquire any ownership or intellectual property rights therein. ConverseNow operates solely as a technology facilitator for restaurants and does not grant end-users any rights to modify, distribute, or sublicense the software. These Terms are distinct from software licensing agreements and are intended exclusively for individuals who access and utilize the Service for ordering purposes.

Relationship of the Parties. ConverseNow acts as a technology provider facilitating the ordering process. The Restaurant remains the sole seller and merchant of record for your order; it determines pricing and taxes, receives payment, prepares the food, and is exclusively responsible for order fulfillment, product quality, and all aspects of customer support related to your purchase.

If you do not agree to these Terms, you must refrain from using the Voice AI Ordering Service.

ConverseNow offers a voice-AI platform designed to assist restaurants in automating and personalizing customer orders across channels including telephone, drive-thru, and self-service kiosks. End-users are permitted to use the Service solely for the purpose of placing orders with participating restaurants in accordance with these Terms.

2. Acceptance of Terms

2.1 Click-to-Accept. By selecting "I Agree," "Place Order," "Submit," or any similar button at checkout or on a kiosk, you formally consent to be bound by these Terms and the Privacy Notice referenced herein.

2.2 Verbal Assent. By proceeding with an order via telephone or drive-through and continuing after being notified that your transaction is subject to these Terms, you acknowledge and accept these Terms.

2.3 SMS/Text Link Assent. If you receive a text message containing a link to these Terms and proceed with the ordering process or respond as instructed, you hereby agree to be bound by these Terms.

2.4 Capacity. By using the Service, you represent and warrant that you are of legal age to enter into these Terms and are acting on your own behalf or with proper authorization.

5. The Service and Your License

5.1 Service. The Service lets you interact with automated voice assistants and related interfaces to place and manage orders with the Restaurant through phone, drive-through, kiosks, and related communication channels.

5.2 License. We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Service solely to place and manage your orders with the Restaurant.

5.3 Ownership. We and our licensors own all rights in the Service and related content. You obtain no ownership rights in the Service.

ConverseNow makes the platform available on an "as is" and "as available" basis and reserves all intellectual property rights not expressly granted.

6. User Accounts

If the Service allows or requires you to create an account or profile, you must provide accurate information, keep your credentials secure, and are responsible for all activity under your account. Notify us promptly of any unauthorized use.

7. Prohibited Conduct

You will not: (a) misuse the Service, interfere with operation, or bypass security; (b) reverse engineer, decompile, or otherwise attempt to access source code except as permitted by law; (c) use the Service for any unlawful purpose or to submit fraudulent, harmful, or infringing content; (d) use automated means to access or scrape the Service; (e) attempt to impersonate others or provide inaccurate information; (f) remove proprietary notices or create derivative works based on the Service.

8. Ordering; Restaurant Is Merchant of Record

8.1 Placing Orders. Orders are placed with the Restaurant. Any product descriptions, availability, pricing, taxes, fees, discounts, loyalty redemptions, and pickup/delivery times are determined by the Restaurant.

8.2 Fulfillment and Quality. The Restaurant is solely responsible for preparing, fulfilling, and servicing your order, including food safety, allergens, substitutions, refunds, and customer service. ConverseNow does not prepare or deliver food and is not the seller.

8.3 Payment. Pricing, payment processing, taxes, and receipts are handled by the Restaurant or its payment processors. Contact the Restaurant for any billing or refund questions.

9. Availability, Accuracy, and AI Limitations

9.1 No Guarantee of Availability. The Service and Restaurant menus, prices, hours, and availability may change or be unavailable without notice.

9.2 AI and Transcription Limitations. The Service uses automated speech recognition and conversational AI that may misunderstand, mis-transcribe, or misinterpret input. Review your order carefully before confirmation and check your receipt. If something looks wrong, correct it before placing the order or contact the Restaurant promptly.

9.3 No Professional Advice. The Service does not provide nutritional, allergen, or medical advice. Confirm allergen and nutritional information directly with the Restaurant.

10. Recording, Monitoring, and Communications

10.1 Recording and Monitoring. To operate and improve the Service, phone calls and voice interactions may be recorded and/or monitored, subject to applicable law. By using the Service, you consent to such recording and monitoring where required. If you do not consent, do not use the Service.

10.2 Communications Consent. By using the Service, you consent to receive communications related to your orders and account from the Restaurant and ConverseNow (or our service providers), including calls, texts/SMS/MMS, push notifications, and emails. Message and data rates may apply.

10.3 Opt-Out. For texts: reply STOP to opt out of non-transactional texts. For emails: use the unsubscribe link. Transactional messages (e.g., order confirmations, updates) may still be sent.

11. Privacy Notice; Data Practices

11.1 Privacy Notice. Our Privacy Notice at conversenow.ai/privacy-policy explains how we collect, use, and share information. It is incorporated into these Terms by this reference.

11.2 Categories of Data. Depending on your interaction, we may process: (a) identifiers and contact information (e.g., name, phone number, email); (b) order details (items, preferences, location, time, payment status as provided by the Restaurant); (c) audio/voice recordings and transcripts of interactions; (d) device and usage data (e.g., browser type, device identifiers, interaction logs); (e) inferences generated to support the Service.

11.3 Purposes. We use data to: (a) provide, operate, and improve the Service; (b) process and support orders with the Restaurant; (c) ensure quality, analytics, and training of models; (d) prevent fraud, security incidents, and misuse; (e) support customer service and communications; (f) comply with legal obligations.

11.4 Sharing. We may share data with: (a) the Restaurant to fulfill and support your orders; (b) service providers acting on our behalf (e.g., hosting, communications, analytics); (c) as required by law or to protect rights, safety, and the Service; (d) in connection with corporate transactions.

11.5 User Rights. You may have rights to access, delete, correct, or opt out of certain processing depending on your location. See the Privacy Notice for instructions and jurisdiction-specific disclosures.

11.6 Retention. We retain information for as long as needed to provide the Service, meet legal obligations, resolve disputes, and enforce agreements, after which we delete or de-identify information consistent with our policies.

12. Feedback

If you submit feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and exploit the feedback without restriction or compensation, and you waive any claim based on our use of the feedback.

13. Third-Party Services

If the Service links to or integrates with third-party services (e.g., mapping, payments handled by the Restaurant's provider), those services are governed by their own terms and privacy policies. We are not responsible for third-party services.

14. Disclaimers

14.1 SERVICE "AS IS." THE SERVICE AND ANY INFORMATION PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

14.2 Restaurant Matters. We do not control, endorse, or guarantee the Restaurant's menus, pricing, availability, preparation, quality, safety, allergens, or timeliness. All such matters are the Restaurant's responsibility.

14.3 SPECIFIC DISCLAIMERS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR EXEMPLARY DAMAGES (COLLECTIVELY, "DAMAGES"), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

15.2 Cap. To the fullest extent permitted by law, our total liability for claims arising out of or relating to the Service or these Terms will not exceed USD $100 in the aggregate.

15.3 Basis of Bargain. These limitations apply even if we were advised of the possibility of such damages and even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in that event, the limitations apply to the maximum extent permitted.

16. Indemnity by User

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CONVERSENOW AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR USE OR MISUSE OF THE SERVICE; (B) YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW; OR (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF OTHERS' RIGHTS.

17. Dispute Resolution; Binding Arbitration; Class Action and Jury Trial Waivers

Informal Resolution. Before filing a claim, you and ConverseNow agree to attempt to resolve disputes informally for 30 days. Send notice of any dispute to info@conversenow.ai.

Binding Arbitration. Except for Small Claims and Excluded Claims defined below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act governs this Section.

Location and Procedure. Arbitration will be conducted in Travis County, Texas or remotely, at your election if permitted by the Rules. The language will be English. The arbitrator will have exclusive authority to resolve all arbitrability issues except class/representative waiver enforceability, which is for a court.

Fees. Payment of filing, administration, and arbitrator fees will be governed by the applicable Rules. If you demonstrate that costs are prohibitive compared to court, ConverseNow will pay as necessary to ensure access, unless the claim is frivolous, as determined in ConverseNow's discretion.

Relief. The arbitrator may award individual relief available in court, including injunctive relief, but only to the extent necessary to provide relief warranted by your individual claim.

CLASS/COLLECTIVE/REPRESENTATIVE ACTION WAIVER. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

JURY TRIAL WAIVER. IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

Small Claims; IP/Equitable Relief. Either party may bring individual claims in small claims court within the court's jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or against unauthorized access or misuse of the Services pending arbitration.

30-Day Opt-Out. You may opt out of arbitration within 30 days of first accepting this Agreement by sending written notice to info@conversenow.ai, with your name, contact information, and a clear statement of opting out. Opting out does not affect other terms.

Severability. If any provision of this Section is found unenforceable, the remaining provisions shall remain in effect.

This Section survives termination of these Terms.

18. Termination

We may suspend or terminate your access to the Service at any time, including for suspected fraud, misuse, or violations of these Terms. You may stop using the Service at any time. Sections intended to survive (including ownership, disclaimers, limitations, indemnity, dispute resolution, and privacy) will survive termination.

19. Changes to the Service or Terms

We may update the Service and these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new "Effective Date," via the Restaurant's checkout flow, by SMS link, or by other reasonable means. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.

20. Notices and Contact

Questions or notices to ConverseNow: Email: info@conversenow.ai; Mail: ConverseNow Technologies, Inc., 5209 Burnet Road, Suite 200, Austin, TX 78756. For Restaurant order issues (including refunds, substitutions, allergens, or quality), contact the Restaurant directly.

21. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules, except that the Federal Arbitration Act ("FAA") governs the arbitration agreement above. Exclusive venue for any court proceeding permitted under these Terms or governing law will be in the state or federal courts located in Travis County, Texas, and you and ConverseNow consent to personal jurisdiction there.

22. Miscellaneous

22.1 Entire Agreement. These Terms, together with the Privacy Notice, are the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous understandings regarding the subject matter.

22.2 Severability. If any part of these Terms is found unenforceable, the remainder will remain in effect, and a valid term will be substituted that best reflects the parties' intent and is enforceable.

22.3 No Waiver. Our failure to enforce a provision is not a waiver.

22.4 Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms as permitted by law.

22.5 Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

22.6 Export. You agree to comply with applicable export and sanctions laws related to your use of the Service.

23. State-Specific Addenda

If required by law, we may provide additional terms for residents of certain states at the end of these Terms. To the extent of any conflict, state-specific terms control for residents of that state.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Contact Information

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

Email: info@conversenow.ai

Mail: ConverseNow Technologies, Inc.
5209 Burnet Road, Suite 200, Austin, TX 78756

Phone: (737) 301-1234