Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Emphis AI LLC, a Texas limited liability company doing business as Inferline AI (“Inferline,” “we,” “us,” or “our”) and the person or entity that subscribes to, accesses, or uses the Services (“Customer,” “you,” or “your”). By creating an account, clicking to accept, signing an order form, or using the Services, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.

These Terms are written primarily for our paying customers (typically restaurant owners and operators). They also describe how the Services interact with the consumers and callers who reach the AI through a Customer’s phone number (“Callers” or “End Users”). How we handle Caller and End User personal information is described in our Privacy Policy.

Inferline provides an AI-powered telephone agent (the “Services”) that answers inbound calls to a Customer’s designated phone number, converses with Callers in a synthesized voice, takes and confirms food and beverage orders, answers common questions, can send order confirmations or follow-up messages by SMS, and writes resulting orders and data to the Customer’s point-of-sale (“POS”) or other connected systems. The Services include the Inferline web console, APIs, dashboards, and related software and documentation.

The Services rely on third-party telecommunications, speech, and AI providers (see our Privacy Policy’s sub-processor list). Availability, latency, and accuracy depend in part on those providers and on the Customer’s own configuration, menu data, and network.

You must be at least 18 years old and able to form a binding contract to open an account. You are responsible for the accuracy of your account information, for safeguarding your credentials, and for all activity under your account. Notify us promptly at legal@inferline.ai of any unauthorized use.

The Services answer calls using a synthesized, AI-generated voice and automated natural-language processing. Callers are not speaking with a live human unless and until the call is transferred to your staff. You acknowledge and agree that:

• The AI voice is computer-generated. You will not represent to Callers that the AI is a specific real person, and you will comply with any applicable laws requiring disclosure that a caller is interacting with an automated or artificial voice system (including “bot disclosure” laws such as California’s B.O.T. Act, where applicable).
• We provide configurable disclosure prompts (for example, a greeting that identifies the line as an automated assistant). You are responsible for keeping disclosures enabled where required and for the content of any greeting or script you customize.
• AI outputs may be inaccurate, incomplete, or unexpected. The Services are an aid to order-taking and customer service, not a guarantee of correctness. You are responsible for reviewing orders and for your own pricing, allergen, dietary, and other operational disclosures to Callers.

The Services may record, transcribe, and analyze calls to operate the AI, confirm orders, improve quality, and maintain records. Recording and monitoring of telephone calls is regulated by federal and state law, and the rules differ by jurisdiction.

One-party and two-party consent states

Some U.S. states require the consent of only one party to a call (“one-party consent”), while others require the consent of all parties (“two-party” or “all-party consent,” such as California, Florida, Illinois, Pennsylvania, Washington, and others). Because your Callers may be located anywhere, we provide and strongly recommend a recording-consent notice at the start of each call (for example, “This call may be recorded.”).

You are responsible for ensuring that recording is lawful for your location and your Callers’ locations, for enabling the consent notice, and for honoring any Caller who declines to be recorded. We give you controls to configure or disable the recording notice; if you disable or alter it, you assume responsibility for obtaining any legally required consent by other means. You will indemnify us for claims arising from your failure to obtain required recording consent (see Section 13).

The Services can send text messages (SMS/MMS) to Callers, for example, order confirmations, links, or follow-ups. Automated and marketing text messages are regulated by the Telephone Consumer Protection Act (“TCPA”), CAN-SPAM (where applicable), carrier rules, and the CTIA messaging principles, and may require A2P 10DLC registration.

• Consent. You must obtain and maintain records of the legally required consent before texts are sent, typically prior express consent for informational/transactional messages and prior express written consent for marketing messages.
• Opt-out. Messages must honor opt-out keywords (e.g., STOP) and include required identifiers. The Services support standard opt-out handling, but you remain responsible for honoring opt-outs across all of your channels.
• Content and registration. You are responsible for the content of messages you configure and for completing carrier registration (including A2P 10DLC) where required. We may suspend messaging that violates law or carrier policy.

The Services use automated processing to interpret speech, classify intent, decide how to route or transfer calls, confirm or decline orders, and decide whether to send messages. These decisions are made by software without human review in real time. Where required by law, you must disclose the use of automated decision-making to Callers and honor applicable rights (for example, the ability to reach a human, or rights regarding automated decisions under CCPA/CPRA and GDPR as described in our Privacy Policy). The Services include warm-transfer and human-handoff features to support this.

“Customer Data” means data you provide or that the Services collect on your behalf, including menus, pricing, business configuration, and the personal information of your Callers (such as name, phone number, order details, and delivery address), call recordings, and transcripts.

• As between you and Inferline, you own your Customer Data. You grant us a non-exclusive license to host, process, and transmit it to provide and improve the Services and as described in the Privacy Policy.
• For personal information of Callers, you act as the business / controller and we act as your service provider / processor. Our handling of that information is governed by these Terms, our Privacy Policy, and any applicable data processing addendum (“DPA”).
• You represent that you have provided all required notices and obtained all required consents (including for recording, messaging, and payment processing) for the data you direct us to collect and process.

The Services may capture order and, where configured, payment-related information and pass it to your POS, ordering, or payment provider. Card and payment processing is handled by third-party payment processors; Inferline does not seek to store full primary account numbers. You are responsible for your own PCI-DSS obligations, for the accuracy of menu and pricing data, and for fulfilling and honoring orders taken through the Services.

Subscription fees. Fees, usage-based charges, billing frequency, and any minimum commitments are set out in your order form or plan selection. Unless stated otherwise, fees are non-refundable, are exclusive of taxes, and are due in advance. We may change pricing on renewal with notice.

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

• use the Services for unlawful, deceptive, fraudulent, or harassing purposes, including unlawful robocalling or messaging;
• misrepresent the AI as a human where disclosure is required, or use the synthesized voice to impersonate a real individual without authorization;
• record or message Callers without the consent required by law;
• reverse engineer, resell, or build a competing service from the Services, or interfere with their security or integrity;
• upload unlawful content or data you lack the right to provide.

We may suspend the Services to address a material risk, legal requirement, or violation of this section.

Inferline and its licensors own all rights in the Services, including the software, models, voices, and documentation, excluding Customer Data. We may use de-identified and aggregated data that does not identify you or any Caller to operate, secure, and improve the Services.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, INFERLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AI WILL BE ERROR-FREE, THAT ORDERS OR TRANSCRIPTS WILL BE ACCURATE, OR THAT THE SERVICES WILL BE UNINTERRUPTED. YOU ARE RESPONSIBLE FOR REGULATORY COMPLIANCE APPLICABLE TO YOUR BUSINESS AND CALLS.

You will defend, indemnify, and hold harmless Inferline from claims, damages, and costs arising out of (a) your Customer Data; (b) your use of the Services in violation of law or these Terms; (c) your failure to obtain required recording, messaging (TCPA), or other consents; or (d) your products, orders, or business operations.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE. EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS AND PAYMENT OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO INFERLINE FOR THE SERVICES IN THE [TWELVE (12)] MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

These Terms continue while you use the Services. Either party may terminate for material breach not cured within [30] days of notice. On termination, your right to use the Services ends, and we will make Customer Data available for export for [30] days, after which we may delete it as described in the Privacy Policy and any DPA, subject to legal retention requirements.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Texas.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in the console). Your continued use after the effective date of the updated Terms constitutes acceptance.

For questions about these Terms, please contact us.