Terms of Service

1. Overview

OrderHeroAI (“we,” “us,” or “the Platform”) is a software-as-a-service (SaaS) platform that connects restaurants (“Restaurant Partners”) with their customers (“End Users”) through AI-powered phone ordering, text-to-order, and payment processing. By accessing or using OrderHeroAI, you agree to these Terms of Service.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement. Restaurant Partners must hold all required licenses and permits to operate a food service establishment in their jurisdiction.

3. Services Provided

OrderHeroAI provides:

• AI-powered phone call answering and order taking
• Text-to-order functionality via SMS
• Payment processing via Stripe
• POS integration (Square, Toast, Clover)
• Delivery dispatch integration (DoorDash Drive, Uber Direct)
• Customer relationship management and reorder capabilities
• Real-time order routing to restaurant printers and tablets

4. Fees & Payment

Convenience Fee: A convenience fee of $1.25 + 4% of the order subtotal is applied to each order. This fee is paid by the End User (customer), not the Restaurant Partner. The restaurant keeps 100% of the food total.

Subscription Plans: Restaurant Partners may subscribe to monthly plans starting at $29/month. Plan details and pricing are available on our Pricing page.

Payment Processing: All payments are processed securely through Stripe. OrderHeroAI does not store credit card numbers directly. By making a payment, you agree to Stripe's terms of service.

Saved Cards: With your consent, payment methods may be saved securely via Stripe for faster future orders. You may request removal of saved payment methods at any time.

5. SMS Communications & TCPA Compliance

By providing your phone number and opting in, you consent to receive SMS messages from OrderHeroAI and our Restaurant Partners. These messages may include:

• Order confirmations and status updates
• Payment links and receipts
• Setup and onboarding instructions (for Restaurant Partners)
• Menu links for text-to-order
• Promotional messages (with separate opt-in)

Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message. Reply HELP for assistance. Message and data rates may apply. Message frequency varies based on order activity.

We comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state regulations regarding automated text messages. We will not send SMS messages to users who have not opted in or who have opted out.

6. Voice Call Recording

Phone calls handled by our AI voice agent (powered by Vapi) may be recorded for quality assurance, order accuracy verification, and service improvement. By placing a call to a restaurant using OrderHeroAI, you acknowledge and consent to this recording. Recordings are stored securely and retained in accordance with our Privacy Policy.

7. Restaurant Partner Responsibilities

Restaurant Partners are solely responsible for:

• Food safety — compliance with all local health codes, food handling regulations, and safety standards
• Menu accuracy — ensuring menu items, descriptions, prices, and allergen information are correct and up to date
• Order fulfillment — preparing and delivering/providing orders in a timely manner
• Licensing — maintaining all required business licenses and permits
• Tax compliance — collecting and remitting applicable sales taxes

OrderHeroAI is a technology platform and does not prepare, handle, or deliver food.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDERHEROAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.

OrderHeroAI is not liable for: food quality or safety issues; incorrect menu information provided by Restaurant Partners; delivery delays caused by third-party services; service interruptions due to factors beyond our reasonable control; or any disputes between Restaurant Partners and End Users regarding orders.

Our total liability for any claim arising from these Terms shall not exceed the amount you paid to OrderHeroAI in the twelve (12) months preceding the claim.

9. Intellectual Property

All content, branding, software, and technology on the OrderHeroAI platform are owned by OrderHeroAI. Restaurant Partners retain ownership of their menus, branding, and customer relationships. You may not copy, modify, or reverse-engineer any part of our platform.

10. Account Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees. Restaurant Partners may cancel their subscription at any time — no long-term contracts.

11. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in Palm Beach County, Florida, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit.

12. Changes to Terms

We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance. We will notify registered users of material changes via email or SMS.

13. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

14. Contact

Questions about these Terms? Contact us at:
townherosubs@gmail.com