Terms of Service & Liability Disclaimer

GREETLY TERMS OF SERVICE & LIABILITY DISCLAIMER (v2026-02-01) BY CHECKING THE ACKNOWLEDGMENT BOX, TYPING YOUR INITIALS, AND CREATING AN ACCOUNT YOU ("OPERATOR") AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE GREETLY. 1. NATURE OF THE SERVICE. BuzzerAI is a software layer that helps hospitality operators manage a guest waitlist, send SMS notifications through third-party carriers (including but not limited to Twilio), route calls through third-party voice services (including but not limited to Twilio Voice and OpenAI Realtime), collect callback requests, redirect guests to your existing point-of-sale or online-ordering provider, and take generative-AI-assisted chat interactions. GREETLY IS NOT A POINT-OF-SALE, PAYMENT PROCESSOR, KITCHEN DISPLAY SYSTEM, OR SYSTEM OF RECORD FOR YOUR ORDERS, MENUS, TAXES, TIPS, OR RESERVATIONS. Operator remains solely responsible for all guest-facing operations. 2. "AS IS" AND "AS AVAILABLE." THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT SMS MESSAGES, PHONE CALLS, OR AI RESPONSES WILL BE DELIVERED, TIMELY, ACCURATE, OR FREE OF ERROR. 3. NO LIABILITY FOR LOST SALES OR REVENUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREETLY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES (COLLECTIVELY THE "GREETLY PARTIES") SHALL NOT BE LIABLE FOR ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST GUESTS, LOST BOOKINGS, LOST CALLS, MISSED ORDERS, MISDELIVERED SMS, MISROUTED CALLS, KITCHEN TICKETING ERRORS, DUPLICATE OR MISSING ORDERS, GOODWILL LOSS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO OPERATOR'S USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE GREETLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 4. LIABILITY CAP. THE TOTAL AGGREGATE LIABILITY OF THE GREETLY PARTIES ARISING OUT OF OR RELATING TO THE SERVICE — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE LESSER OF (A) THE FEES PAID BY OPERATOR TO GREETLY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). 5. THIRD-PARTY DEPENDENCIES. The Service depends on third-party providers including but not limited to Twilio (SMS + Voice), OpenAI (LLM + Realtime audio), Stripe (payments), and MongoDB Atlas / cloud infrastructure providers. The BuzzerAI Parties disclaim all liability for outages, degraded performance, price changes, feature removal, deprecation, or discontinuation of any third-party provider. Operator is responsible for maintaining any accounts, API keys, phone numbers, and paid balances required by those providers. 6. AI OUTPUT DISCLAIMER. BuzzerAI incorporates generative artificial intelligence to respond to guests via chat and voice. AI-generated text and speech may be inaccurate, incomplete, off-topic, offensive, or otherwise unsuitable. Operator acknowledges that AI is probabilistic, that responses may vary, and that Operator is solely responsible for reviewing, supervising, and taking corrective action on any AI interaction with a guest. The BuzzerAI Parties are not liable for damages arising from AI output. 7. TELECOMMUNICATIONS COMPLIANCE. Operator is solely responsible for compliance with all applicable telecommunications laws including the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, GDPR, CCPA/CPRA, PIPEDA, Canada's Anti-Spam Legislation (CASL), and all other local and international laws regulating SMS, voice, recording, and consent. Operator warrants that it has obtained all required consents from guests before sending SMS or placing voice calls via the Service. Operator agrees to indemnify the BuzzerAI Parties for any claim, fine, penalty, or damages arising from Operator's failure to comply. 8. NO REPLACEMENT FOR PROFESSIONAL JUDGMENT. BuzzerAI does not provide legal, tax, accounting, or business advice. Operator is solely responsible for menu accuracy, pricing, allergen disclosure, tax collection, tip pooling, wage reporting, food safety, and any other regulatory obligations tied to its business. 9. FORCE MAJEURE. The BuzzerAI Parties shall not be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, network or power outages, cyberattacks, denial-of-service events, cellular carrier outages, government action, pandemic, war, terrorism, labor disputes, or any third-party provider failure. 10. INDEMNIFICATION. Operator shall defend, indemnify, and hold harmless the BuzzerAI Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Operator's use of the Service, (b) Operator's violation of these Terms, (c) Operator's violation of any law or third-party right, or (d) any content, data, message, or instruction provided by Operator or its guests through the Service. 11. NO CLASS ACTIONS; ARBITRATION. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by binding individual arbitration and not in a class, collective, or representative action. Operator waives any right to a jury trial or to participate in a class action. 12. GOVERNING LAW. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Venue for any non-arbitrable claim lies exclusively in the state and federal courts located in New Castle County, Delaware. 13. CHANGES. BuzzerAI may update these Terms from time to time. Continued use of the Service after an update constitutes acceptance of the updated Terms. 14. SEVERABILITY. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect. 15. ACKNOWLEDGMENT. BY TYPING YOUR INITIALS AND CHECKING THE ACKNOWLEDGMENT BOX BELOW, OPERATOR ACKNOWLEDGES THAT OPERATOR HAS READ AND UNDERSTANDS THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES (§2), THE COMPLETE DISCLAIMER OF LIABILITY FOR LOST SALES OR REVENUE (§3), THE LIABILITY CAP (§4), THE AI OUTPUT DISCLAIMER (§6), AND THE INDEMNIFICATION OBLIGATION (§10), AND AGREES TO BE BOUND BY THEM.