Terms of Service

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service (the “Terms”) form a binding legal agreement between you and the restaurant business you represent (“you,” “your,” or the “Restaurant”) and Ptterns S. de R.L., the operator of Waiter AI (“Waiter AI,” “we,” “us,” or “our”). By creating an account, clicking “I agree,” accessing the dashboard, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

Authority. You represent and warrant that you are at least 18 years old, that you have the authority to bind the Restaurant to these Terms, and that the information you provide is accurate and complete.

1. About Waiter AI and the Service

Waiter AI is a software-as-a-service platform operated by Ptterns S. de R.L., a company registered in Honduras. The Service provides restaurants with an AI-powered virtual waiter that interacts with the Restaurant’s customers over WhatsApp — allowing those customers to browse the menu, place food and beverage orders, and request in-venue assistance — together with a web dashboard where the Restaurant configures its menu, receives orders in real time, and manages table service.

We are a technology provider only. Waiter AI is a technology intermediary. We are not a restaurant, a food vendor, a delivery service, or a payment processor for food and beverages. We do not prepare, handle, serve, sell, or take responsibility for any food or beverage. All food preparation, service, pricing decisions, and the collection of payment from customers for food and beverages occur directly between the Restaurant and its customers, in person at the Restaurant.

Customers are solely customers of the Restaurant. All Customers interacting with the virtual waiter are customers of the Restaurant exclusively and not of Waiter AI or Ptterns S. de R.L. Waiter AI does not sell food or beverages to Customers and does not establish any contractual relationship with Customers regarding food, beverages, restaurant services, reservations, or dining experiences. The Restaurant remains solely responsible for all interactions, representations, food preparation, customer service, refunds, disputes, and compliance obligations relating to its Customers.

2. Definitions

• “Service” means the Waiter AI platform, including the WhatsApp virtual waiter, the dashboard, and all related software, features, and documentation.
• “Dashboard” means the web application through which the Restaurant configures and manages the Service.
• “Restaurant Content” means the menu, pricing, descriptions, restaurant information, FAQs, configuration data, and any other materials the Restaurant uploads to or provides through the Service.
• “Customer” means an end user of the Restaurant who interacts with the virtual waiter via WhatsApp.
• “Customer Data” means data generated through Customer interactions, including WhatsApp identifiers, message content, orders, and stated preferences, as further described in our Privacy Policy.
• “Message” means a single message sent by the virtual waiter to, or received from, a Customer, used as the unit of metered usage for billing.
• “Fees” means the subscription and usage-based charges payable for the Service as described in Section 5.

3. Account Registration and Security

To use the Service, you must register for an account and provide accurate, current, and complete information. You are solely responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You must notify us immediately at the contact address below of any unauthorized access to or use of your account. We are not liable for any loss arising from your failure to safeguard your credentials.

4. The Restaurant’s Responsibilities

By using the Service, you agree to:

• Maintain an accurate, current, and lawful menu, pricing, and inventory within the Dashboard, and promptly update it when items, prices, or availability change;
• Monitor the Dashboard during your operating hours and review, accept, fulfill, or decline orders in a timely manner;
• Handle all food preparation, food safety, allergen accuracy, payment collection, and customer service directly and in person;
• Comply with all applicable laws, including food safety, consumer protection, tax, advertising, and business-licensing requirements in your jurisdiction;
• Ensure that any QR codes, signage, or materials you deploy accurately represent the Service and your Restaurant;
• Refrain from using the Service to mislead, defraud, or harm Customers or any third party.

Orders are requests, not guarantees. An order placed through the virtual waiter is a request transmitted to the Restaurant. The Restaurant is responsible for confirming, fulfilling, or declining each order. We do not guarantee that any order will be fulfilled and bear no responsibility for orders the Restaurant fails to monitor or act upon.

AI-generated content and allergen information. The Restaurant acknowledges that the Service uses artificial intelligence and automated systems to generate menu descriptions, recommendations, translations, item explanations, and conversational responses. Such outputs may occasionally be incomplete, inaccurate, outdated, misleading, inconsistent, or unavailable. Waiter AI does not independently verify ingredients, allergens, nutritional information, dietary suitability, food preparation methods, or menu accuracy. The Restaurant is solely responsible for ensuring the accuracy and legality of all menu information and allergen disclosures provided to Customers. Customers with allergies, sensitivities, dietary restrictions, or medical conditions should be instructed by the Restaurant to confirm ingredient and allergen information directly with Restaurant staff before consuming any food or beverage. To the fullest extent permitted by law, Waiter AI disclaims all liability relating to allergens, ingredient disclosures, dietary suitability, food contamination, food safety incidents, or adverse health outcomes arising from Restaurant Content or AI-generated output.

5. Fees, Billing, and Payment

5.1 Pricing structure

The Service is billed on a monthly basis consisting of (a) a recurring base subscription fee starting at US$49 per month, and (b) usage-based charges determined by the volume of Messages exchanged through the Service during the billing cycle. At the end of each cycle we measure the total Messages attributable to your account and place your account in the corresponding pricing tier (“Message bundle”). The applicable Fees for that tier are then charged. Current pricing and Message-bundle tiers are presented at sign-up and in the Dashboard and are incorporated into these Terms by reference.

5.2 Billing in arrears and payment method

Because usage is measured over the cycle, usage-based Fees are billed in arrears at the end of each monthly cycle. You authorize us and our payment processor to charge your designated payment method for all Fees when due. You must keep a valid payment method on file at all times.

5.3 Payment processor (Paddle)

Payments are processed by Paddle, which acts as our Merchant of Record. Paddle, and not Waiter AI, is the seller of record for your subscription and is responsible for charging your payment method, collecting and remitting applicable taxes, and handling the payment transaction. Your purchase is therefore also subject to Paddle’s buyer terms and privacy policy. We do not store your full payment card details.

5.4 Taxes

Fees are exclusive of taxes unless stated otherwise. Any sales, use, value-added, withholding, or similar taxes arising from your purchase are your responsibility, except for taxes based on our net income. Where Paddle collects taxes as Merchant of Record, those amounts will appear on your invoice.

5.5 No refunds

All Fees are non-refundable. Except where required by applicable law, we do not provide refunds, credits, or pro-rated reimbursements for any Fees already incurred, for partial billing cycles, or for periods of non-use. You may cancel at any time to stop future charges, as described in Section 10.

5.6 Failed payments, dunning, and account hold

If a charge fails, we will automatically retry your payment method and notify you by email. You will have a grace period of three (3) days from the first failed charge to settle the outstanding amount. If full payment is not received within that period, we may place your account on hold and suspend the Service — including the virtual waiter — until the balance is paid. We are not liable for any consequences of a suspension caused by your non-payment.

5.7 Price changes

We may change our Fees, base subscription, or Message-bundle tiers. We will give you at least thirty (30) days’ notice of any increase, by email or through the Dashboard. The new pricing applies to the next billing cycle following the notice period. Your continued use of the Service after the change takes effect constitutes acceptance of the new pricing.

6. Data, Privacy, and Your License to Us

6.1 Privacy Policy

Our collection and handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge the Privacy Policy.

6.2 License to operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use the Restaurant Content and Customer Data as necessary to provide, maintain, secure, and support the Service.

6.3 Improvement, analytics, and machine learning

You further grant us a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use Restaurant Content, Customer Data, and all usage and interaction data to operate, analyze, develop, train, and improve the Service and our current and future products and models, and to optimize how the virtual waiter recommends, describes, and sells menu items. We may create aggregated and de-identified data derived from such data. Aggregated and de-identified data does not identify you, the Restaurant, or any Customer, and is owned solely by us. We may use, retain, and commercialize aggregated and de-identified data for any lawful purpose — including improving the Service for all customers — and this right survives termination of these Terms.

6.4 Customer notice and consent

As between the parties, you are responsible for ensuring that any in-venue signage, QR codes, and customer-facing materials, and your own practices, are consistent with the disclosures in our Privacy Policy and with applicable law. We provide the technical means for Customers to be informed of how their data is used through the WhatsApp interaction and our published policies.

7. Intellectual Property

Our IP. The Service, including all software, models, designs, interfaces, text, and underlying technology, and all intellectual property rights in it, are and remain the exclusive property of Ptterns S. de R.L. and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the term, and nothing more. No rights are granted by implication.

Your IP. You retain ownership of your Restaurant Content. You represent and warrant that you have all rights necessary to provide the Restaurant Content and to grant the licenses in Section 6, and that your Restaurant Content does not infringe any third-party rights or violate any law.

Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate it without any obligation or compensation to you.

8. Acceptable Use

You agree not to, and not to permit any third party to:

• Copy, modify, reverse engineer, decompile, or attempt to derive the source code or models of the Service;
• Resell, sublicense, rent, lease, or provide the Service to any third party except your own Customers in the ordinary course of your business;
• Use the Service to transmit unlawful, infringing, harmful, deceptive, or abusive content;
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service, its infrastructure, or other users’ data;
• Use automated means to scrape or extract data from the Service beyond your own account data;
• Use the Service in violation of WhatsApp’s or Meta’s policies, or any applicable law.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or harms the Service, other users, or third parties.

9. Service Availability, Modifications, and Third-Party Dependencies

Modifications. We are continuously improving the Service and may add, change, or remove features at any time. We will use reasonable efforts to avoid materially degrading core functionality, but we do not guarantee that any particular feature will remain available.

Availability. We strive to keep the Service available but do not warrant uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or factors beyond our control.

Third-party dependencies. The Service depends on third-party platforms, including WhatsApp and Meta, AI model providers, hosting, and authentication providers. We are not responsible for outages, changes, suspensions, policy changes, or discontinuation of those third-party services, and any resulting impact on the Service is outside our control and liability.

No guarantee of message or order delivery. The Service relies on third-party communications infrastructure, including but not limited to WhatsApp, Meta, telecommunications providers, internet service providers, cloud hosting services, and AI model providers. Waiter AI does not guarantee that any Message, order, notification, request, or Customer interaction will be delivered, received, transmitted, processed, synchronized, or displayed in real time or without interruption. Delays, duplicated Messages, failed transmissions, missed notifications, temporary outages, account restrictions, platform limitations, or communication failures may occur due to circumstances outside our control. The Restaurant is solely responsible for maintaining adequate operational procedures and backup methods for order management and customer communication.

10. Term, Cancellation, Suspension, and Termination

10.1 Term

These Terms begin when you first accept them or use the Service and continue on a month-to-month basis until terminated as described below.

10.2 Cancellation by you

You may cancel at any time through the Dashboard or by contacting us. Cancellation stops future base subscription charges. You remain responsible for all Fees, including usage-based Fees, incurred up to the effective date of cancellation. Consistent with Section 5.5, Fees already incurred are non-refundable.

10.3 Suspension

We may suspend or place your account on hold (a) for non-payment as described in Section 5.6, (b) if we reasonably believe you have violated these Terms, or (c) if necessary to protect the Service, other users, or third parties. Where practicable we will give notice, but we may act immediately where the circumstances warrant.

10.4 Termination by us

We may terminate these Terms or your access (a) for your material breach that remains uncured for ten (10) days after notice, (b) immediately for violations of Section 8 or for non-payment, or (c) on thirty (30) days’ notice for convenience.

10.5 Effect of termination

Upon termination, your right to use the Service ends. We will handle your data in accordance with our Privacy Policy and data-deletion practices. Sections that by their nature should survive — including Sections 5 (accrued Fees), 6.3 (aggregated and de-identified data), 7, 11, 12, 13, 14, and 15 — survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that the AI will be accurate in every instance, or that it will meet your requirements.

AI output and automated decision-making. The Service incorporates artificial intelligence, machine learning systems, automated language models, recommendation systems, and algorithmic processing. AI-generated outputs are probabilistic in nature and may occasionally produce inaccurate, incomplete, misleading, inconsistent, inappropriate, offensive, unavailable, delayed, or unexpected content. The Restaurant acknowledges and agrees that: (a) AI-generated outputs should not be relied upon as factual, guaranteed, or error-free; (b) Waiter AI does not guarantee the accuracy of any AI-generated content; (c) the Restaurant is solely responsible for reviewing, validating, monitoring, and approving all Restaurant Content and operational decisions; and (d) Waiter AI is not responsible for business losses, customer disputes, incorrect menu descriptions, pricing discrepancies, inaccurate translations, missed orders, or operational interruptions arising from AI-generated outputs.

Experimental and beta features. Certain features, tools, AI capabilities, integrations, automations, or functionalities may be labeled as “beta,” “experimental,” “pilot,” or similar designations. Such features are provided for evaluation purposes only and may contain bugs, errors, interruptions, security vulnerabilities, or unexpected behavior. We may modify, suspend, or discontinue experimental features at any time without liability.

12. Limitation of Liability

To the fullest extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility; and (b) our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total Fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law. These limitations are a fundamental basis of the bargain between the parties.

13. Indemnification

You agree to defend, indemnify, and hold harmless Ptterns S. de R.L. and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) the food, beverages, or services you provide to your Customers; (b) your Restaurant Content; (c) your breach of these Terms or violation of any law; (d) disputes between you and your Customers; and (e) your failure to monitor or act on orders. This obligation survives termination.

14. Assignment and Successor Entity

Our right to assign. We may assign, transfer, or novate these Terms and all of our rights and obligations, in whole or in part, to an affiliate or successor entity — including in connection with a corporate reorganization, redomiciliation, financing, merger, acquisition, or sale of assets — without your consent and without notice beyond what is required by law.

Reorganization to a new jurisdiction. You expressly acknowledge and agree that we intend to reorganize and may transition the operating entity of Waiter AI to a United States entity (for example, a Wyoming limited liability company) or another jurisdiction. Upon such transition, these Terms will continue in full force between you and the successor entity, which will assume our rights and obligations, and the governing law and venue may be updated as provided in Section 15. Your continued use of the Service after notice of the transition constitutes your consent to it.

Your assignment. You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment in violation of this Section is void.

15. Governing Law, Binding Arbitration, and Dispute Resolution

Informal resolution first. Before initiating arbitration or any formal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by written notice and negotiation for at least thirty (30) days.

Binding arbitration. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties shall be resolved exclusively through final and binding confidential arbitration rather than in court. The arbitration shall be conducted in English unless otherwise agreed by the parties and shall take place remotely or in a mutually agreed jurisdiction. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, enforceability, validity, formation, or scope of these Terms, including the arbitrability of any dispute.

Class action waiver. To the fullest extent permitted by law, the parties agree that any claims shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative proceeding, or mass arbitration.

No jury trial. To the fullest extent permitted by law, each party waives any right to a jury trial or participation in a class action proceeding.

Exceptions. Nothing in this Section prevents either party from seeking temporary injunctive relief, intellectual property protection, or equitable remedies in a court of competent jurisdiction where necessary to prevent immediate and irreparable harm.

Governing law. Until any future corporate reorganization under Section 14, these Terms shall continue to be governed by the laws of the Republic of Honduras without regard to conflict-of-law principles. Following a transition of the operating entity to another jurisdiction under Section 14, we may update the governing law, venue, and dispute-resolution provisions to those of the successor entity’s jurisdiction (for example, the State of Wyoming, United States), effective upon notice to you. Your continued use of the Service after such notice constitutes acceptance of the updated provisions.

16. Changes to These Terms

We may update these Terms as the Service evolves. For material changes, we will provide notice by email or through the Dashboard before they take effect. The “Last updated” date at the top reflects the current version. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may cancel under Section 10.

17. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, or the acts or omissions of third-party providers such as WhatsApp, Meta, payment processors, or hosting providers.

18. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and any pricing presented at sign-up, constitute the entire agreement between the parties and supersede all prior agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Notices. We may provide notices by email to the address associated with your account or through the Dashboard. You may contact us at the address below.
• Language. These Terms may be provided in English and Spanish. In the event of a conflict, and to the extent permitted by applicable law, the English version governs.
• No professional advice. The Service does not provide legal, medical, nutritional, dietary, accounting, tax, or professional advice of any kind.
• Third-party AI providers. Certain AI capabilities may rely on third-party AI providers. Waiter AI makes no guarantees regarding the availability, continuity, quality, legality, or performance of third-party AI systems or outputs.
• Operational responsibility. The Restaurant remains solely responsible for supervising operations, staff, pricing, menu configuration, inventory management, customer interactions, and order fulfillment regardless of the use of automation or AI-generated responses.

19. Contact

Ptterns S. de R.L.
Honduras
Email: hi@ptterns.com

By creating an account or using the Service, you acknowledge that you have read and agree to these Terms of Service.