Terms of Service

These Terms of Service ("Terms") govern access to and use of BistroLift's AI-powered restaurant ordering and growth platform (the "Services"), provided by BistroLift ("BistroLift," "we," "our," or "us").

Throughout these Terms, "Merchant" or "Restaurant" refers to the restaurant business that registers for and uses the Services, and "Customer" refers to an individual who places an order through a Restaurant's BistroLift-powered digital menu or online ordering experience.

1. Acceptance of Terms

By creating an account, or by accessing or using BistroLift in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Services.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old
• Have the authority to act on behalf of the Restaurant you represent
• Comply with all applicable laws in your use of the Services

3. Description of Services

BistroLift is an AI-powered restaurant platform. BistroLift is software only. BistroLift is not a payment processor, a restaurant, a food delivery company, or a financial institution.

The Services currently include:

• AI digital menu
• Online ordering
• AI Ordering Assistant
• AI upselling recommendations
• Menu synchronization with Clover
• Clover POS integration
• Optional online payments through Clover Ecommerce
• Restaurant analytics
• AI Restaurant Manager
• Marketing automation
• Review automation
• Customer profile management

We may add, modify, or discontinue features of the Services over time. These Terms describe the Services as they currently exist and will be updated to reflect material changes.

4. Merchant Accounts

Merchants are responsible for:

• The security of their account
• Their account password and credentials
• Managing employee access to their account
• All activity that occurs under their account

BistroLift may suspend or restrict access to an account involved in unauthorized or fraudulent activity.

5. Merchant Responsibilities

Restaurants are solely responsible for:

• The accuracy of their menu
• Prices
• Taxes
• The accuracy of modifiers
• Food descriptions
• Allergy information
• Business hours
• Communications with their customers
• Compliance with applicable laws
• Food safety
• Obtaining any customer consent required for promotional communications

BistroLift is not responsible for inaccurate restaurant information entered or maintained by a Merchant.

6. Clover Integration

Restaurants authorize BistroLift to connect to their Clover account through Clover's OAuth authorization process. BistroLift accesses Clover information only after this authorization is granted. Merchants may disconnect the Clover integration at any time.

Some functionality of the Services depends on Clover's availability. If Clover services are unavailable, some BistroLift features may also be unavailable.

7. Online Ordering

BistroLift allows Customers to submit orders to a Restaurant through the Services. Restaurants remain solely responsible for:

• Order preparation
• Order fulfillment
• Customer service
• Pricing
• Taxes
• Delivery, where applicable

8. Online Payments

Restaurants may optionally enable online payments using Clover Ecommerce. Payments are processed by Clover, not BistroLift. BistroLift does not store complete payment card information.

BistroLift is not responsible for payment processor outages or for disputes between a Restaurant and a Customer relating to a payment.

9. Artificial Intelligence

BistroLift may use artificial intelligence to provide:

• Ordering assistance
• Menu recommendations
• Upselling suggestions
• Restaurant insights
• Marketing suggestions

AI outputs are generated automatically and may not always be accurate. AI outputs should not be considered legal, accounting, financial, tax, or other professional business advice. Restaurants remain solely responsible for all business decisions made using the Services.

10. Customer Data

Customer data collected through a Restaurant's use of the Services belongs to that Restaurant. BistroLift processes customer information solely to provide the Services. BistroLift does not sell restaurant customer information. Additional detail is available in our Privacy Policy.

11. Intellectual Property

BistroLift owns all right, title, and interest in and to:

• The BistroLift software
• Source code
• Branding
• Logos
• Trademarks
• AI systems
• Documentation
• The user interface

Restaurants retain ownership of:

• Their menus
• Their images
• Their logos
• Their customer information
• Their business information

Restaurants grant BistroLift a limited, non-exclusive license to use this content solely to provide the Services.

12. Acceptable Use

You agree not to:

• Engage in illegal activity
• Engage in fraud
• Reverse engineer the Services
• Copy the software
• Access our APIs without authorization
• Scrape the Services
• Introduce malware
• Conduct security testing without our permission
• Send spam
• Harass others
• Infringe the intellectual property rights of others

13. Third-Party Services

BistroLift relies on third-party providers, including Clover and Google Cloud Platform, to deliver the Services. Where relevant, the terms of those third-party providers also apply to your use of the Services. BistroLift is not responsible for outages or failures of third-party services.

14. Availability

BistroLift strives to provide reliable service. However, uninterrupted availability cannot be guaranteed. Maintenance, outages, updates, and third-party failures may temporarily interrupt the Services.

15. Subscription and Billing

Certain Services require a paid subscription. Current pricing is available on the BistroLift website or as communicated to you during sign-up. Unless otherwise stated:

• Subscription fees are billed according to the plan selected at sign-up
• Subscriptions renew automatically unless canceled
• Fees are due in accordance with the payment terms presented at sign-up
• You may cancel future renewals at any time
• BistroLift may suspend access for accounts with unresolved non-payment

Refunds, where applicable, are handled in accordance with our refund policy, available upon request.

16. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties regarding accuracy, availability, performance, AI outputs, or third-party services. To the fullest extent permitted by law, BistroLift disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability

To the maximum extent permitted by law, BistroLift shall not be liable for:

• Lost revenue
• Lost profits
• Lost business opportunities
• Indirect, incidental, consequential, special, or punitive damages
• Data loss caused by third parties
• Clover outages
• Disputes between a Restaurant and a Customer
• Payment processor failures
• Outcomes resulting from AI-generated recommendations

Our total liability arising out of or relating to these Terms or the Services shall not exceed the amount paid by the Restaurant to BistroLift during the twelve months preceding the claim.

18. Indemnification

Merchants agree to indemnify and hold BistroLift harmless from any claims, damages, or expenses arising from:

• Menu content
• Pricing
• Food safety
• Allergy information
• Promotions
• Customer communications
• Intellectual property infringement
• Violations of applicable law

19. Termination

Merchants may stop using BistroLift at any time. BistroLift may suspend or terminate an account for:

• Fraud
• Abuse
• Security risks
• Violations of these Terms
• Illegal activity

20. Governing Law

These Terms shall be governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

21. Force Majeure

BistroLift shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including internet outages, cloud provider failures, natural disasters, government actions, labor disputes, cyberattacks, and power failures.

22. SMS Messaging Terms

SMS Program

BistroLift provides SMS messaging services that allow participating restaurants to communicate with customers who have expressly opted in to receive text messages. These messages may include promotional offers, discounts, coupon codes, special offers, restaurant announcements, and other marketing communications.

Consent to Receive SMS Messages

SMS consent is voluntary and is not required to make a purchase, place an order, create an account, or use the restaurant's services.

Customers must provide their mobile phone number and separately provide affirmative consent to receive SMS marketing messages. SMS consent must not be preselected or automatically granted.

The restaurant identified in the opt-in process is the business from which the customer will receive promotional messages. SMS consent is specific to that restaurant and is not transferable to another restaurant or business.

Types of Messages

Messages may include:

• Coupon codes and discounts
• Promotional offers and special deals
• Restaurant announcements
• Limited-time offers

Message frequency varies depending on the participating restaurant and its promotional activity.

Message and Data Rates

Message and data rates may apply depending on your mobile carrier and wireless plan.

Opting Out

You may stop receiving SMS messages at any time by replying STOP to a message. After you send STOP, you may receive a confirmation message and will no longer receive promotional SMS messages from that messaging program unless you subsequently provide new consent.

You may also use other available unsubscribe methods provided by the restaurant or BistroLift.

Help and Customer Support

For help with SMS messages, reply HELP to the message or contact BistroLift support at hello@bistrolift.com.

Changes to SMS Consent

You may withdraw your SMS consent at any time. Withdrawing SMS consent will not affect your ability to purchase products or services from the restaurant.

Mobile Information and SMS Consent Data

BistroLift respects the privacy of customers who participate in SMS programs. Mobile phone numbers, SMS opt-in information, and SMS consent records will not be sold or shared with third parties or affiliates for their own marketing or promotional purposes.

BistroLift may share information with service providers that process information on our behalf and are necessary to provide, operate, maintain, or support the SMS messaging service. Such service providers may not use SMS consent information for their own independent marketing purposes.

Participating Restaurants

Restaurants using BistroLift are responsible for obtaining appropriate customer consent before sending promotional SMS messages and for ensuring that their messaging practices comply with applicable laws, regulations, carrier requirements, and BistroLift policies.

Restaurants may only send promotional SMS messages to customers who have provided the required consent for that restaurant's messaging program.

BistroLift provides the technology used to facilitate these communications but does not authorize restaurants to send unsolicited promotional messages.

23. Contact Information

Questions about these Terms can be directed to:

BistroLift
Email: hello@bistrolift.com
Website: www.bistrolift.com
One Riverway, Suite 1700, Houston, TX 77056, United States

24. Changes to the Terms

We may update these Terms from time to time. Continued use of the Services after updates take effect constitutes acceptance of the revised Terms.