Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and OrderPizza.app(“OrderPizza,” “we,” “us,” or “our”). By accessing or using our website, creating an account, or using the Service, you agree to these Terms and our Privacy Policy.

If you use the Service on behalf of a company or restaurant, you represent that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not access or use the Service.

2. Description of the Service

OrderPizza provides a software platform that helps pizza shops and similar restaurants handle inbound phone orders using an AI phone agent. The Service may include:

• Call forwarding to an assigned telephony number;
• AI-assisted order capture, menu-aware conversation, and human transfer;
• Order review, transcripts, and operational dashboards;
• Stripe-hosted SMS payment links for caller orders; and
• Subscription billing, usage metering, and reporting.

Features, pricing, and availability may change, especially during pilot or beta periods. We may add, modify, or discontinue features with reasonable notice where practicable.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for commercial restaurant operators and their authorized staff. You may not use the Service if you are barred under applicable law or previously suspended by us.

4. Accounts and security

You must provide accurate account and business information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at hello@orderpizza.app if you suspect unauthorized access.

We may require multi-factor authentication, email verification, or other security controls. You agree not to share login credentials except with authorized personnel under your control.

5. Merchant responsibilities

Because OrderPizza processes calls and orders on your behalf, you agree that you — not OrderPizza — are primarily responsible for your restaurant operations and caller-facing legal obligations, including:

• Configuring call forwarding correctly and monitoring your phone line;
• Maintaining accurate menus, pricing, hours, taxes, delivery zones, and store policies;
• Fulfilling orders placed through the Service and handling customer service issues;
• Complying with applicable food safety, hospitality, consumer protection, and advertising laws;
• Providing legally adequate notices and obtaining any required consents for call recording, AI-generated voice interaction, and SMS messages sent to callers, including under the TCPA, CAN-SPAM, state two-party consent laws, and similar regulations;
• Ensuring payment acceptance, refunds, chargebacks, and tax collection comply with your obligations as the merchant of record; and
• Obtaining any rights needed for menu content, trademarks, or other materials you upload to the Service.

OrderPizza may provide configurable disclosures, prompts, or workflow tools, but you remain responsible for determining whether they satisfy your legal obligations in your jurisdiction.

6. Acceptable use

You agree not to:

• Use the Service for unlawful, fraudulent, harassing, or abusive purposes;
• Attempt to bypass security, rate limits, billing controls, or access restrictions;
• Reverse engineer, scrape, or interfere with the Service except as permitted by law;
• Upload malware, spam, or content that infringes intellectual property or privacy rights;
• Use the Service to place unlawful robocalls, unsolicited marketing calls, or deceptive calls;
• Misrepresent your identity, store affiliation, or authorization to use the Service; or
• Use the Service in a manner that could harm callers, our infrastructure, or third parties.

We may investigate violations and suspend or terminate access where reasonably necessary to protect the Service, users, or the public.

7. Subscriptions, fees, and billing

Paid plans, included AI minutes, overage rates, annual discounts, and platform fees are described on our Pricing page and in your dashboard. Unless otherwise stated:

• Subscriptions are billed per store on a recurring monthly or annual basis;
• Included AI minutes may pool across stores under the same tenant account;
• Overage minutes are billed when pooled included minutes are exhausted;
• A platform fee may apply to processed order subtotals as disclosed at signup or on the pricing page, in addition to Stripe processing fees; and
• Taxes, carrier charges, and third-party fees may apply where required by law.

By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis until you cancel. Fees are non-refundable except where required by law or expressly stated in writing.

We may change pricing with advance notice for future billing periods. If you do not agree to a price change, you may cancel before the change takes effect.

8. Payment processing

Caller order payments in Phase 1 are handled through Stripe-hosted payment links delivered by SMS. OrderPizza does not store full payment card numbers in our application. Stripe's services are subject to Stripe's terms and privacy policy.

You authorize OrderPizza to facilitate payment-link delivery, receive payment status updates, and present order and payment information in your dashboard. You remain responsible for refunds, chargebacks, customer billing disputes, and tax reporting related to your sales, except to the extent expressly assumed by OrderPizza in a separate written agreement.

9. AI-generated content and order accuracy

The Service uses automated and AI-assisted systems to interpret caller speech, apply menu rules, and create order tickets. While we design the Service for restaurant phone ordering, AI systems can make mistakes.

You acknowledge that OrderPizza does not guarantee perfect transcription, menu interpretation, pricing, or order completion. You are responsible for reviewing orders, configuring transfer rules, and maintaining staff oversight for ambiguous or high-risk interactions.

10. Service availability and support

We strive to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service depends on third-party providers, including carriers, Amazon Connect, Stripe, cloud infrastructure, and your own call-forwarding setup. Scheduled maintenance, outages, and force majeure events may affect availability.

Support channels and response times may vary by plan or pilot status. Unless otherwise agreed in writing, the Service is provided on a commercially reasonable efforts basis.

11. Intellectual property

OrderPizza and its licensors own all rights in the Service, including software, branding, documentation, and underlying technology. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You retain ownership of your store content, menus, and business data. You grant OrderPizza a worldwide, non-exclusive license to host, process, transmit, display, and use your content as necessary to provide and improve the Service, comply with law, and enforce these Terms.

12. Confidentiality

Each party may receive non-public information from the other. You agree to use our confidential information only as needed to use the Service and to protect it with reasonable care. This section does not limit our use of data as described in the Privacy Policy.

13. Privacy

Our collection and use of personal information is described in the Privacy Policy. Where we process end-customer data on your behalf, you instruct us to do so in accordance with these Terms and applicable data protection law.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS; THAT AI-GENERATED ORDERS WILL BE ACCURATE; OR THAT MISSED CALLS, PAYMENT FAILURES, OR TRANSFER DELAYS WILL NOT OCCUR.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ORDERPIZZA NOR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ORDERPIZZA FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless OrderPizza and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service;
• Your store content, menus, pricing, or business practices;
• Your failure to obtain required caller consents or provide required notices;
• Orders, refunds, chargebacks, or customer disputes involving your restaurant; or
• Your violation of these Terms or applicable law.

17. Suspension and termination

You may cancel your subscription through the dashboard or by contacting us. We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, pose a security risk, or if continued provision of the Service becomes impractical or unlawful.

Upon termination, your right to use the Service ends. Sections that by their nature should survive (including payment obligations, disclaimers, limitation of liability, and indemnification) will survive termination.

18. Dispute resolution and governing law

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

Except for claims that qualify for small claims court or injunctive relief for misuse of intellectual property or the Service, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis. You and OrderPizza waive any right to participate in a class action or class-wide arbitration.

Before initiating arbitration, the parties agree to attempt in good faith to resolve the dispute by contacting hello@orderpizza.app.

19. Changes to these Terms

We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the effective date above. Material changes to paid subscriptions will apply no earlier than the start of your next billing period unless required sooner by law or for security, legal, or abuse-prevention reasons.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance, except where further consent is required by law.

20. Miscellaneous

• Entire agreement: These Terms and the Privacy Policy are the entire agreement regarding the Service, except for any signed enterprise order form that expressly overrides them.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

21. Contact us

Questions about these Terms: hello@orderpizza.app.

See also our Privacy Policy.