Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Depla website, browser demos, and the Depla AI phone-agent service (collectively, the “Service”) provided by Depla (“Depla,” “we,” “us,” or “our”). By accessing the Service, requesting a demo, or activating a paid plan, you (“Customer,” “you”) agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you are authorized to bind that business.

1. The Service

Depla provides an AI-powered voice agent that answers a restaurant's phone calls, takes orders, answers questions, and routes calls. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own internal business operations. You may not copy, modify, reverse engineer, resell, sublicense, or use the Service to build a competing product, or use it on behalf of a third party without our written consent.

2. Demos and Evaluation

Browser and phone demos are provided as-isfor evaluation only. Demos are previews of the agent's behavior, are subject to fair-use limits, and may be rate-limited or expire after a short period. Demo agents created from a website you submit are temporary and are automatically removed after a limited time. You must not abuse demo endpoints, submit third-party data without permission, or attempt to disrupt or probe the Service.

3. Subscription, Fees, and Payment

Paid plans are billed at the rates and intervals shown at sign-up or in your order form. Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law, and exclude applicable taxes. Plans renew automatically until cancelled. We may change pricing on a going-forward basis with reasonable notice. Failure to pay may result in suspension or termination of the Service.

4. Term, Cancellation, and Termination

These Terms remain in effect while you use the Service. You may cancel a paid plan at any time as described in your dashboard or order form; cancellation takes effect at the end of the then- current billing period. We may suspend or terminate access for breach of these Terms, non-payment, suspected fraud or abuse, or where required to protect the Service or other users. Provisions that by their nature should survive termination will survive.

5. Customer Data and Feedback

As between you and Depla, you retain all rights to your business data, call recordings, transcripts, and menu content you provide (“Customer Data”). You grant us a license to process Customer Data to provide and improve the Service. We may use de-identified, aggregated data to operate, secure, and enhance the Service, including model tuning. Any feedback you provide may be used by us without restriction or obligation.

6. Privacy and Communications

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms. By providing a phone number or email, you consent to receive service-related communications by phone, SMS, and email. With respect to personal data processed on your behalf, you are the controller and Depla acts as your processor.

7. Acceptable Use and Compliance

You are responsible for your use of the Service and for complying with all laws that apply to your business, including telephone consumer-protection and call-recording/consent laws, and consumer-protection regulations. You must provide any legally required call-recording notices to your callers. You agree not to use the Service for unlawful, harassing, fraudulent, or abusive purposes.

Messaging. Where the Service sends SMS on your behalf (for example, order confirmations), you are responsible for obtaining any required consent from recipients, honoring opt-out requests, and complying with applicable messaging rules (including TCPA and carrier A2P/10DLC registration requirements). Standard message and data rates may apply to recipients.

8. Third-Party Services

The Service relies on third-party providers (for example, telephony, speech, and AI model providers) and may integrate with point-of-sale or other systems you connect. Those services are governed by their own terms, and we are not responsible for their availability, acts, or omissions.

9. Warranties and Disclaimers

The Service is provided “as is” and “as available”without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AI outputs may be inaccurate or incomplete and should be independently verified. We do not warrant that the Service will be uninterrupted or error-free.

10. Limitation of Liability

To the maximum extent permitted by law, Depla will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Depla and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict- of-laws rules. The parties will attempt in good faith to resolve any dispute informally before pursuing other remedies. Any claim must be brought within one (1) year after it arises.

13. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice, such as by posting the updated Terms with a new “Last updated” date or by email. Your continued use of the Service after the changes take effect constitutes acceptance.

14. Contact

Questions about these Terms? Email hello@depla.ai.