Terms of Service

The Service is an AI phone agent that captures incoming calls for UK restaurants, handles orders, reservations and allergen questions, and provides a merchant dashboard for the Customer. Specifics of what each plan tier includes are described on the pricing page.

• Plans. Fees are charged per site per calendar month in GBP at the rates posted on orderbrain.ai/#pricing. Pilot pricing locks in at sign-up for the duration of the pilot agreement.
• Billing. Invoices are issued monthly in advance via Stripe. Payment terms are 14 days net. Late payments accrue interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.
• Tax. Fees are exclusive of UK VAT, which is added at the applicable rate.
• Suspension for non-payment.We may suspend the Service after 14 days of an unpaid invoice, with at least 7 days' written notice.

• Customer cancellation. You may cancel at the end of any monthly billing period by emailing hello@orderbrain.ai or via the merchant dashboard (when the self-serve cancellation flow ships in v1.1). No refund is given for partial months.
• Termination for cause. Either party may terminate immediately if the other commits a material breach not cured within 30 days of written notice, or on insolvency.
• Effect of termination. We will provide a full export of your captured orders, reservations, transcripts and allergen audit log within 14 days of termination. Data is then retained for 30 days (in case of restoration) before irreversible deletion, except where law requires longer retention (see Privacy Policy § 8).

• Allergen data accuracy.The Service relies on the allergen schema you upload. You are responsible for keeping that schema accurate. The Service's audit log will record exactly which questions and answers were given on each call so you have evidence of due diligence under the Food Information (Amendment) (England) Regulations 2019 (“Natasha's Law”), but the underlying duty of care for the food product itself remains yours.
• Call-recording notice. The Service plays a verbal consent phrase before recording. You should also display a visible notice (a sticker, website copy, or signage) so callers are informed before they dial.
• Acceptable use. You and your staff will use the Service in compliance with the Acceptable Use Policy.
• Account security. You will keep staff credentials private and notify us immediately of any suspected compromise.

• Our IP. The Service software, AI models, voice prompts and all related materials are our intellectual property. We grant you a non-exclusive, non-transferable licence to use them for the term of this agreement.
• Your IP.Your menu, pricing, brand identity, transcripts of your customers' calls, and your allergen schema remain yours. We process them on your behalf under the DPA. You grant us a limited licence to use them for the sole purpose of operating the Service.
• Aggregated insights.We may produce anonymised, aggregated statistics from your usage (e.g. “UK restaurants capture 23% more Friday- night orders with voice AI”) for our own benchmarking, marketing and product improvement. These will not identify you or your callers.

We target the following monthly availability for the live phone-answering service:

• Indie tier: 99.5%
• Multi-site tier: 99.9%
• Group tier: 99.95% (contractual SLA, with service credits)

Planned maintenance windows are excluded from the availability calculation and are announced at least 7 days in advance. Force-majeure events (carrier outages, AWS or Azure region-level failures, government action) are also excluded.

We warrant that:

• The Service will materially conform to its published documentation.
• We have authority to provide the Service to you.
• The Service does not infringe third-party UK intellectual property rights.

To the maximum extent permitted by law, all other warranties (express or implied, including merchantability, fitness for a particular purpose, and non-infringement) are excluded. The Service is provided “as is” — large language models can produce errors, especially on accents the platform has not yet adapted to, and on menu items not yet in your schema. You must review the Service's behaviour appropriately for your operation.

Nothing in these Terms excludes either party's liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot lawfully be limited

Subject to the above, each party's total liability under these Terms — whether in contract, tort, breach of statutory duty, or otherwise — in any 12-month period is capped at the fees paid by the Customer to OrderBrain in that period.

Neither party is liable to the other for indirect, special or consequential losses, including lost profits, lost revenue, or business interruption.

Each party will comply with UK data protection law. The detailed allocation of controller / processor roles and obligations sits in the Data Processing Agreement, which forms part of these Terms.

Each party will treat the other's confidential information (including pricing, security details, customer lists, transcripts and audit logs) as strictly confidential and use it only for the purpose of performing these Terms. The obligation survives termination for 5 years.

Neither party is liable for a failure to perform caused by an event outside its reasonable control (war, civil unrest, pandemic, carrier outage, region-level cloud outage, regulatory action). The affected party will notify the other promptly and resume performance as soon as reasonably practicable.

Notices to OrderBrain go to legal@orderbrain.ai. Notices to you go to the registered email of the Customer's primary contact.

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from or in connection with these Terms.

We may update these Terms from time to time. Material changes will be notified to you by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.