Terms of Service

These Terms of Service ("Terms") are a binding agreement between you ("you," "Customer," or "Operator") and DineBotics ("DineBotics," "we," "us," or "our").

By accessing our website, creating an account, or using the DineBotics platform, the DiBi™ assistant, or any related service (collectively, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.

The Service is currently offered in beta.

This means the Service is under active development and is provided for evaluation and early-adopter use. You acknowledge and accept that:

• ●The Service may contain bugs, errors, defects, and incomplete functionality.
• ●Features may be added, changed, degraded, or removed at any time without notice.
• ●The Service may experience unplanned downtime, interruptions, or data loss.
• ●Outputs, insights, forecasts, and recommendations generated by the Service, including those produced by DiBi™, may be inaccurate, incomplete, or misleading.
• ●Integrations with third-party systems (point-of-sale, payroll, scheduling, inventory, reservation, review, and similar platforms) may fail, sync incorrectly, or become unavailable.
• ●The Service is not a system of record. You must maintain independent records and backups of all business-critical data.
• ●Beta pricing, plan structures, and included features are subject to change with notice as described in Section 7.

Do not rely on the Service as the sole basis for any operational, financial, staffing, tax, food-safety, or legal decision.

DineBotics makes no promise, guarantee, warranty, or representation of any specific outcome or result.

The Service surfaces observations, patterns, and suggestions derived from data you and your integrated systems provide. It does not guarantee, and you must not rely on any expectation of:

• ●Increased revenue, covers, average check, or profitability
• ●Reduced food cost, labor cost, waste, or shrinkage
• ●Improved reviews, ratings, search visibility, or guest sentiment
• ●Improved staff retention, scheduling efficiency, or productivity
• ●Compliance with any health, safety, labor, tax, or regulatory requirement
• ●Accuracy of any forecast, projection, trend, or predictive output

Any example, case study, testimonial, screenshot, demonstration, projection, or figure presented on our website, in sales materials, or in the Service itself is illustrative only. It is not a promise of your results. Restaurant outcomes depend on countless factors outside our control, including your market, menu, pricing, staffing, execution, competition, and economic conditions.

You remain solely responsible for all decisions you make about your business. DiBi™ recommends; you decide.

The Service does not provide legal, accounting, tax, financial, employment, food-safety, or regulatory advice. Insights relating to labor, scheduling, wage-and-hour matters, food handling, temperature logs, allergens, or compliance are informational only and are not a substitute for qualified professional counsel or your own compliance obligations.

You are solely responsible for compliance with all laws applicable to your business, including health department requirements, food safety regulations, wage and hour laws, and tip and payroll rules.

You must be at least 18 years old and operating a legitimate business to use the Service. You agree to:

• ●Provide accurate, current, and complete registration information
• ●Maintain the security and confidentiality of your credentials
• ●Be responsible for all activity occurring under your account
• ●Notify us promptly at support@dinebotics.com of any unauthorized access
• ●Ensure that anyone you authorize to use your account complies with these Terms

6.1 Your Data

"Customer Data" means data you upload, enter, or authorize us to retrieve from your connected systems, including sales and transaction data, menu and inventory data, staffing and scheduling data, guest and reservation data, and review content.

You retain all ownership of your Customer Data. You grant us a limited, non-exclusive license to host, process, transmit, display, and analyze Customer Data solely to provide, maintain, secure, support, and improve the Service.

6.2 Your Representations

You represent and warrant that you have all rights, consents, and legal bases necessary to provide Customer Data to us and to authorize our processing of it, including any employee data and any guest personal information.

6.3 Third-Party Integrations

The Service connects to third-party platforms at your direction. Those platforms are governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security practices, pricing, or changes to their APIs. If a third party restricts, changes, or terminates access, affected functionality may stop working without notice or refund.

6.4 Aggregated and De-Identified Data

We may create aggregated and de-identified data derived from Customer Data, data that does not identify you, your business, your employees, or your guests. We may use such data to operate, analyze, benchmark, and improve the Service. Our use of Customer Data for model training is described in our Privacy Policy.

• ●Fees, billing frequency, and plan inclusions are as presented at the time of purchase.
• ●Subscriptions renew automatically for successive periods until cancelled.
• ●Fees are non-refundable except where required by law. Partial periods are not prorated.
• ●You authorize us and our payment processor to charge your payment method on a recurring basis.
• ●We may change pricing with at least 30 days' notice before the change takes effect at your next renewal. Continued use after that date constitutes acceptance.
• ●You may cancel at any time through your account or by contacting support@dinebotics.com. Cancellation takes effect at the end of your current billing period.
• ●We may suspend the Service for non-payment after reasonable notice.

Founding Member, beta, or promotional pricing is offered at our discretion and may carry specific terms disclosed at signup.

You agree not to:

• ●Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose
• ●Upload data you lack the right to share, or data that violates any person's privacy rights
• ●Reverse engineer, decompile, scrape, or attempt to derive the source code or underlying models of the Service
• ●Resell, sublicense, or provide the Service to third parties without our written consent
• ●Circumvent usage limits, security controls, or access restrictions
• ●Interfere with, overload, or disrupt the Service or its infrastructure
• ●Use the Service to build or train a competing product
• ●Misrepresent DiBi™ outputs as verified fact, professional advice, or a compliance certification

We may suspend or terminate access for violations of this section.

The Service, including all software, models, interfaces, designs, documentation, the DineBotics™ and DiBi™ names and marks, and all associated intellectual property, is owned by us or our licensors. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service during your subscription term. No other rights are granted.

Feedback. If you send us suggestions, feature requests, or feedback, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT, INSIGHT, FORECAST, OR RECOMMENDATION.

BECAUSE THE SERVICE IS IN BETA, THESE DISCLAIMERS APPLY WITH PARTICULAR FORCE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Excluded Damages. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11.3 Specific Exclusions. WITHOUT LIMITING THE ABOVE, WE ARE NOT RESPONSIBLE FOR LOSSES ARISING FROM:

• ●Business decisions you make in reliance on the Service
• ●Inaccurate, delayed, incomplete, or missing insights, forecasts, or recommendations
• ●Loss, corruption, or unavailability of data
• ●Service interruptions, downtime, or beta defects
• ●Failure, error, or discontinuation of any third-party integration
• ●Regulatory, health-department, tax, or employment consequences to your business
• ●Unauthorized access to your account resulting from your failure to safeguard credentials

11.4 Essential Basis. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT AN AGREED ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THE BARGAIN. THE SERVICE IS PRICED IN RELIANCE ON THEM.

11.5 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, gross negligence, or personal injury caused by our negligence. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted.

You agree to defend, indemnify, and hold harmless DineBotics and its officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your Customer Data, including any claim that it infringes rights or was provided without required consent; (c) your violation of these Terms or applicable law; or (d) decisions you made in reliance on Service outputs.

Either party may terminate at any time. We may suspend or terminate immediately for breach, non-payment, unlawful use, or risk to the Service or other customers. We may also discontinue the beta program or the Service in whole or in part with reasonable notice.

Upon termination, your right to access the Service ends. You are responsible for exporting your data before termination. We will make Customer Data available for export for 30 days after termination where technically feasible, after which it may be deleted in accordance with our Privacy Policy and retention practices.

Sections 3, 4, 6.1, 6.4, 9, 10, 11, 12, 13, 14, and 15 survive termination.

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

Informal Resolution. Before filing any claim, you agree to contact us at support@dinebotics.com and attempt in good faith to resolve the dispute for at least 30 days.

Arbitration and Venue. Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and both parties consent to personal jurisdiction there.

Class Action Waiver. To the extent permitted by law, disputes will be brought only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

• ●Entire Agreement. These Terms, the Privacy Policy, and any order form or written agreement constitute the entire agreement. Where a signed master services agreement exists, it controls over any conflict.
• ●Changes. We may update these Terms. Material changes will be communicated by email or in-product notice at least 15 days in advance. Continued use after the effective date constitutes acceptance.
• ●Severability. If a provision is unenforceable, the rest remains in effect.
• ●No Waiver. Failure to enforce a provision is not a waiver.
• ●Assignment. You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
• ●Force Majeure. Neither party is liable for delays caused by events beyond reasonable control.
• ●Independent Contractors. No partnership, joint venture, employment, or agency relationship is created.

DineBotics
Tampa, FL
support@dinebotics.com