Terms of Service

Bytes AI provides a suite of AI-powered software solutions for restaurants and food service providers (the "Services"). The Services include all features, products, software, platforms, applications, and solutions developed, offered, or made available by Bytes AI, whether currently existing or introduced in the future. Bytes AI reserves the right to modify, enhance, or discontinue any Service at its sole discretion.

2.1 Bytes AI Ownership

Any individual who interacts with a restaurant through the Services -- including through phone calls, text messages, online reservations, catering inquiries, websites, or any other interaction powered by Bytes AI -- is deemed a customer of Bytes AI.

2.2 Client Access

Restaurants will be granted access to such customers and their associated data for the purpose of fulfilling orders, providing dining experiences, managing reservations, marketing, and customer relationship management.

2.3 Shared Relationship

Clients may engage with and market to these customers. However, Bytes AI retains ultimate ownership of all customer relationships, data, and profiles generated through its Services, including the right to communicate directly with such customers and to use the data independently of the Client.

2.4 Marketplace Use

Bytes AI reserves the right to use customer data to build, operate, and expand its proprietary backend marketplace, including loyalty programs, cross-promotions, third-party integrations, and other consumer-facing services.

2.5 Data Aggregation

Bytes AI may aggregate and anonymize customer and transactional data for purposes of analytics, benchmarking, product improvement, and market insights. Such aggregated data shall remain the sole property of Bytes AI.

By entering this Agreement, you agree to:

• Provide accurate and up-to-date business information (e.g., menus, hours, pricing, availability).
• Ensure all interactions with customers are professional, lawful, and consistent with industry standards.
• Comply with all laws, regulations, and industry guidelines relating to food safety, marketing, and consumer protection.
• Maintain compliance with applicable data privacy laws (including GDPR, CCPA, and TCPA) in your communications with customers.
• Not misuse, resell, or exploit the Services in a manner that competes with Bytes AI.

• You agree to pay all subscription fees, usage fees, and other charges as communicated by Bytes AI.
• Fees are non-refundable except where required by law.
• Bytes AI may adjust pricing with at least 30 days' prior notice.
• Certain features may be provided for limited testing without charge, but will become part of the Subscription Fee once generally released.

All intellectual property rights in the Services, including software, AI models, interfaces, designs, trademarks, and know-how, are and shall remain the exclusive property of Bytes AI.

Clients receive a limited, revocable, non-exclusive, non-transferable license to use the Services solely for their own internal business purposes during the term of this Agreement. No ownership rights are transferred to the Client.

6.1 Ownership of Customer and Restaurant Data

All data collected, generated, or processed through the Services is and shall remain the exclusive property of Bytes AI. Restaurants are granted a limited, revocable license to access and use such data solely for legitimate business purposes.

6.2 Integration with Third-Party Platforms

When a restaurant connects its POS or other third-party systems to Bytes AI, the following data may be shared with integration partners:

• Menu and Catalog Data: Item names, descriptions, modifiers, pricing, tax settings, and availability.
• Order and Transaction Data: Order identifiers, timestamps, ordered items, subtotals, taxes, discounts, tips, and payment status (not full cardholder data).
• Customer Information: Names, phone numbers, email addresses, and delivery or billing addresses.
• Operational and Device Data: Store identifiers, staff user IDs, terminal identifiers, and access metadata.

Bytes AI and its authorized integration partners do not collect or store raw payment card data (e.g., full card numbers, CVV/CVC, track data, or PINs).

6.3 Use of Data

Bytes AI may collect, process, and use customer and transactional data for delivering Services, improving AI models, operating the marketplace ecosystem, conducting analytics, and ensuring security and compliance.

6.4 Data Aggregation and Anonymization

Bytes AI may aggregate and anonymize data for internal analytics, benchmarking, and market insights. Aggregated data will not personally identify any restaurant, customer, or individual.

6.5 Security and Compliance

Bytes AI implements industry-standard safeguards including encryption in transit and at rest, secure credential management, audit logging, and access controls. Clients are responsible for maintaining the security of their own systems and credentials.

6.6 Data Privacy Rights and Compliance

Bytes AI and its Clients agree to comply with all applicable data privacy laws including CCPA, GDPR, TCPA, and the New York SHIELD Act. End users may request access to, correction of, or deletion of their personal information as provided in our Privacy Policy.

6.7 Data Retention and Deletion

Operational data will be retained for as long as reasonably necessary to provide the Services. Marketing data may be retained for up to 24 months. Upon termination or a verified deletion request, Bytes AI will delete or anonymize data in accordance with its retention policy, except where legally required.

6.8 Subprocessors and Cross-Border Transfers

Bytes AI may engage vetted third-party service providers for hosting, analytics, communications, and order processing. All subprocessors are bound by written agreements requiring equivalent data protection obligations.

6.9 Client Responsibilities

Clients shall:

• Use Customer Data only for lawful business purposes connected to dining, ordering, and customer-relationship services.
• Not sell, license, or transfer Customer Data to any unauthorized third party.
• Maintain compliance with all applicable privacy and consumer-protection laws.
• Promptly notify Bytes AI of any suspected data breach or compromise.

Each party agrees to keep confidential any non-public information disclosed by the other party. Confidential information does not include information that is publicly available, independently developed, or legally obtained from a third party without restriction.

• This Agreement shall remain in effect until terminated by either party.
• Either party may terminate with 30 days' written notice.
• Bytes AI may suspend or terminate immediately if the Client breaches this Agreement, misuses the Services, fails to pay fees, or violates applicable laws.
• Upon termination, Clients shall immediately cease use of the Services. Bytes AI shall retain all rights to customer data and marketplace relationships.

• Bytes AI disclaims all warranties, express or implied, including fitness for a particular purpose and merchantability.
• Bytes AI shall not be liable for any indirect, incidental, special, or consequential damages, including loss of business, revenue, or data.
• Bytes AI's aggregate liability for direct damages shall not exceed the fees paid by the Client in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless Bytes AI, its affiliates, and its personnel from and against any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of the Services,
• Your violation of this Agreement, or
• Your violation of applicable laws or regulations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes shall be resolved exclusively through binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association. Either party may seek injunctive relief in the state or federal courts located in Delaware.

Bytes AI reserves the right to update, modify, or replace any part of this Agreement at any time. We may provide notice of changes by posting the updated Agreement on our website, within the Services, or by sending an email to the address associated with your account. Your continued use of the Services after any modification constitutes acceptance of the revised Agreement.

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes prior agreements.
• Assignment: You may not assign this Agreement without Bytes AI's prior written consent. Bytes AI may assign this Agreement freely.
• Severability: If any provision is found unenforceable, the remaining provisions shall remain in effect.
• Waiver: Failure to enforce any provision shall not constitute a waiver of that provision.