These Terms of Service ("Terms") govern your access to and use of the AI Borta platform provided by AI Borta, Inc. Please read them carefully before creating an account.
1. Acceptance
- ·By creating an account or using AI Borta you agree to these Terms of Service and our Privacy Policy. If you are accepting on behalf of a business, you represent that you have authority to bind that entity.
- ·We may update these terms from time to time. Material changes will be communicated by email at least 14 days in advance. Continued use after the effective date constitutes acceptance.
2. The Service
- ·AI Borta provides a SaaS platform that connects restaurant operators to messaging channels (WhatsApp, Instagram, Messenger, SMS, Telegram, TikTok) and converts conversations into kitchen-ready orders.
- ·Features available to you depend on the subscription plan you choose. We may add, modify or remove features at any time with reasonable notice.
- ·We aim for 99.5% monthly uptime excluding scheduled maintenance, but do not guarantee uninterrupted service.
3. Accounts and Access
- ·You must provide accurate registration information and keep it up to date.
- ·You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
- ·You must not share login credentials with users outside your organisation or allow access by unauthorised parties.
- ·Notify us immediately at security@aiborta.com if you suspect unauthorised access.
4. Acceptable Use
- ·You may use AI Borta only for lawful business purposes related to restaurant and food-service ordering.
- ·You must comply with the terms and policies of any third-party platform you connect (Meta, Twilio, Telegram, TikTok, Stripe).
- ·You must not use AI Borta to send spam, unsolicited messages or any communication that violates applicable law including CAN-SPAM, TCPA and GDPR.
- ·You must not attempt to reverse-engineer, probe or compromise the platform or interfere with other customers' service.
- ·Marketing messages sent through AI Borta must only go to customers who have explicitly opted in and must include a clear opt-out mechanism.
5. Channel Credentials and Customer Data
- ·You retain full ownership of the social media accounts, phone numbers and messaging credentials you connect. AI Borta acts as a processor on your behalf.
- ·Your customers' personal data (names, phone numbers, order history) is your responsibility. You are the data controller under applicable privacy law.
- ·You warrant that you have a lawful basis for processing customer data through connected channels.
- ·You must maintain a publicly accessible privacy policy informing your customers how their data is used.
6. Payment and Billing
- ·Subscriptions are billed monthly or annually in advance via Stripe. All fees are in USD unless otherwise stated.
- ·Failing to pay within 10 days of the due date may result in suspension of your account.
- ·Refunds are not provided for partial months. If you cancel, access continues until the end of your current billing period.
- ·We reserve the right to change pricing with 30 days' written notice. Price changes will not apply until your next renewal date.
7. Free Trial
- ·New accounts receive a 14-day free trial with full access to Counter plan features. No credit card is required to start a trial.
- ·At the end of the trial period your account will be downgraded to read-only unless you add a payment method.
- ·We reserve the right to limit or end the trial at any time to prevent abuse.
8. Intellectual Property
- ·AI Borta and its underlying software, trademarks and content are owned by AI Borta, Inc. No licence is granted beyond what is necessary to use the service.
- ·You grant AI Borta a non-exclusive licence to process, transmit and store your data solely to provide the service.
- ·Feedback or suggestions you share with us may be used without restriction or compensation.
9. Confidentiality
- ·Each party agrees to keep the other's confidential information (including credentials, business data and pricing) secret and to use it only to fulfil obligations under these terms.
- ·This obligation does not apply to information that is publicly available, independently developed or required to be disclosed by law.
10. Disclaimers
- ·The platform is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose or non-infringement.
- ·AI Borta does not warrant that order parsing will be error-free. You are responsible for reviewing AI-generated order confirmations before they are acted upon.
- ·Third-party channel APIs (Meta, Twilio, Telegram, TikTok) are outside our control. Outages or policy changes by those providers are not our liability.
11. Limitation of Liability
- ·To the maximum extent permitted by law, AI Borta's aggregate liability for any claim arising from these terms or use of the service is limited to the fees you paid in the 3 months preceding the claim.
- ·In no event will we be liable for indirect, incidental, special, consequential or punitive damages, including lost profits or data.
12. Indemnification
- ·You agree to indemnify and hold AI Borta harmless from claims, damages or expenses (including legal fees) arising from your use of the platform, your data, or your violation of these terms or applicable law.
13. Termination
- ·You may cancel your subscription at any time from the Billing settings page.
- ·We may suspend or terminate your account immediately if you breach these terms, fail to pay, or if continued access poses a legal or security risk.
- ·Upon termination, your data will be retained for 30 days (allowing export) and then deleted, except where retention is required by law.
14. Governing Law
- ·These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
- ·Disputes will be resolved by binding arbitration under the AAA Commercial Rules, with proceedings conducted in English. You waive the right to a jury trial or class action.
15. Contact
- ·Legal inquiries: legal@aiborta.com
- ·AI Borta, Inc. · Registered in the State of Delaware, United States