Terms of Service

By accessing or using the Boostorder.ai platform, website, AI ordering agents (including via WhatsApp, SMS, or social media), or related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users, including restaurant owners/operators ("Merchants") and their end-consumers ("Diners"). If you do not agree to these Terms, you may not use the Services.

Boostorder.ai provides an automated AI-driven ordering, delivery management, and marketing platform for restaurants. We act as a technology intermediary facilitating communication and order placement between Diners and Merchants. Boostorder.ai does not prepare, sell, or deliver food, and we are not a restaurant or food preparation entity.

Merchants are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Merchants agree to provide accurate and updated menu items, prices, and operating hours. Boostorder.ai reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

While Boostorder.ai does not fall under HIPAA regulations, we collect and process Personally Identifiable Information (PII) such as names, phone numbers, and delivery addresses to facilitate orders. By using the Services, you consent to the collection and use of this data as outlined in our Privacy Policy. Merchants agree not to use Diner data obtained through Boostorder.ai for any unauthorized purposes and must comply with all applicable privacy laws (e.g., TCPA for SMS marketing).

Boostorder.ai does not store, process, or transmit financial data or credit card information. All payments are processed entirely by third-party payment gateways (e.g., Stripe, Square, Toast). By using Boostorder.ai, you agree that any disputes regarding payments, refunds, chargebacks, or processing errors are strictly between the Merchant, the Diner, and the third-party processor. Boostorder.ai bears no liability for payment disputes or financial losses related to third-party gateways.

The Services, including the AI ordering technology, source code, logos, and platform design, are the exclusive property of Boostorder.ai and are protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Services without our express written consent.

THE BOOSTORDER.AI SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RELIABILITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WE SPECIFICALLY DISCLAIM LIABILITY FOR ANY LOSS OF REVENUE, MISSED ORDERS, INCOMPLETE AI INTERACTIONS, OR TECHNICAL FAILURES OUTSIDE OF OUR IMMEDIATE CONTROL, INCLUDING ISSUES ARISING FROM THIRD-PARTY API INTEGRATIONS OR POS SYSTEMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOSTORDER.AI, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM. IN NO EVENT SHALL BOOSTORDER.AI'S TOTAL CUMULATIVE LIABILITY TO ANY MERCHANT OR DINER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY THE MERCHANT TO BOOSTORDER.AI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

The Merchant agrees to defend, indemnify, and hold harmless Boostorder.ai from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) The Merchant's use of and access to the Boostorder.ai platform; (b) Any claims made by a Diner regarding food quality, foodborne illness, allergies, delivery issues, or personal injury; (c) The Merchant's violation of any term of these Terms of Service.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration administered in [Insert Your Texas County, e.g., Travis County], Texas, in accordance with the commercial arbitration rules of the American Arbitration Association. Class Action Waiver: Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. Exceptions to Arbitration: Notwithstanding the above, Boostorder.ai retains the right to seek injunctive or other equitable relief in a state or federal court located in [Insert Your Texas County], Texas, to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, passwords, or other intellectual property rights. Both parties consent to the exclusive jurisdiction and venue of these courts.

Boostorder.ai reserves the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at: Email: hello@boostorder.ai