Terms of Service

Effective Date: January 1, 2026 · Last Updated: April 1, 2026

These Terms of Service ("Terms") govern your access to and use of the 智服AI platform ("Service"), operated by 智服AI ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

智服AI provides an AI-powered phone ordering automation platform designed for food service businesses ("Merchants"). The Service enables Merchants to configure automated telephone ordering workflows, manage menus, and process customer orders through AI-assisted voice interaction.

2. Eligibility and Account Registration

The Service is intended solely for business use. You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of your business. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. AI Service Disclaimer

The Service uses artificial intelligence and machine learning technologies to process voice input and generate order data. AI-generated responses are not guaranteed to be accurate, complete, or error-free. You acknowledge that:

All order prices are derived exclusively from menu data you configure. The AI does not independently calculate or estimate prices.
You are solely responsible for the accuracy of your menu, pricing, and availability information.
You must verify all orders before fulfillment. The Company is not liable for losses arising from AI errors, misheard speech, or incorrect order interpretation.
AI outputs should be reviewed by qualified personnel before acting on them in any high-stakes context.

4. Telephone and Call Recording Compliance (TCPA)

Your use of the Service involves automated telephone systems. You are solely responsible for ensuring compliance with all applicable federal and state telephone regulations, including but not limited to:

Telephone Consumer Protection Act (TCPA): You must obtain all legally required consents before using automated calling features with your customers.
Call Recording Laws: Many U.S. states (including California, Florida, and Illinois) require all-party consent before recording telephone calls. You are responsible for obtaining such consent and displaying appropriate disclosures to callers (e.g., "This call may be recorded").
Do-Not-Call (DNC) Registry: You are responsible for honoring applicable DNC registries.

The Company provides call recording infrastructure as a feature of the Service. You agree to use this feature only in full compliance with applicable law. The Company is not liable for your failure to obtain required consents or disclosures.

5. Data Ownership

You retain ownership of all data you upload or generate through the Service, including menu data, order records, and call recordings ("Your Data"). By using the Service, you grant the Company a limited license to process Your Data solely to provide and improve the Service. The Company does not sell Your Data to third parties.

6. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
Transmit harassing, defamatory, or fraudulent content through the Service.
Attempt to reverse-engineer, decompile, or extract source code from the Service.
Use the Service to send unsolicited automated calls or messages.
Resell or sublicense access to the Service without prior written consent.

7. Subscription, Billing, and Cancellation

Access to the Service is provided on a subscription basis. Fees are charged in advance according to your selected plan. All fees are non-refundable unless required by applicable law. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. The Company reserves the right to modify pricing with 30 days' written notice.

8. Service Availability and Downtime

The Company will make commercially reasonable efforts to maintain Service availability. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, third-party outages (including telephony and AI provider disruptions), or events beyond our reasonable control. The Company shall not be liable for any loss or damage resulting from Service unavailability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your failure to comply with applicable telephone or recording laws.

11. Third-Party Services

The Service integrates with third-party providers including telephony carriers (e.g., Twilio), AI model providers (e.g., OpenAI), and payment processors. Your use of the Service is subject to those providers' terms and policies. The Company is not responsible for the acts or omissions of third-party service providers.

12. Modifications to Terms

The Company reserves the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or in-app notification. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction.

14. Termination

The Company may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or pose a legal risk to the Company. Upon termination, your right to access the Service ceases. You may request export of Your Data within 30 days of termination.

15. Contact

For questions about these Terms, please contact us at: legal@zhifood.com