Terms of Service

Welcome to Digital Hostess. These Terms of Service (“Terms”) govern your access to and use of the Digital Hostess voice-AI service and related products (together, the “Service”) provided by AereAI LLC, operating under the name “Digital Hostess” (“we,” “us,” or “our”).

By creating an account, subscribing, or using the Service, you (“you” or “Customer”) agree to these Terms. If you do not agree, do not use the Service.

1. Service Description

Digital Hostess provides a voice-AI assistant that answers inbound phone calls on behalf of restaurants. The Service handles conversations with callers in a natural voice, helps callers with pickup orders and reservations, answers questions, hands off to live staff when appropriate, and sends payment and reservation links by SMS. The Service integrates with third-party systems you authorize, such as your point-of-sale system, online ordering platforms, and reservation providers.

The Service is intended for use by businesses and individuals 18 years of age or older. The Service is not marketed to or directed at minors. We do not restrict a minor from calling a restaurant that uses the Service, but the Service is not designed around them as users.

2. Account Registration and Eligibility

To use the Service, you must:

• Be at least 18 years old.
• Be legally authorized to enter into these Terms on behalf of your business.
• Provide accurate account information and keep it current.
• Maintain the confidentiality of your account credentials.

You are responsible for all activity under your account.

3. Subscriptions, Fees, and Billing

The Service is offered on a subscription basis. Fees are presented to you when you choose a plan during onboarding and may include a recurring subscription fee and usage-based overage charges when your usage exceeds your plan’s included volume.

Billing is handled through a third-party payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis for subscription fees and any overage charges applicable to your plan. You can view and manage your subscription inside your Digital Hostess dashboard.

Fees are non-refundable except where required by applicable law. If you cancel, you retain access through the end of your then-current billing period.

Current pricing is presented to you in the Digital Hostess dashboard when you sign up. We may update pricing from time to time. Any price change applies only to future billing periods and will be communicated to you in advance.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Interfere with, disable, reverse engineer, or probe the security of the Service.
• Resell or redistribute the Service without our written consent.
• Use the Service to send spam or unsolicited communications.
• Impersonate another person or misrepresent your business.
• Upload or submit content that infringes on others’ rights or violates law.

We may suspend or terminate your account if you violate this section.

5. Call Recording and Caller Notice

Calls answered by the Service are recorded. Before the AI assistant speaks, callers hear a brief disclosure that the call is being recorded. By using the Service, you confirm that this disclosure, together with your compliance with your local recording laws, is sufficient notice to callers in the jurisdictions where your business operates. You are responsible for informing your staff and customers that your restaurant uses an AI phone service as required by applicable law.

6. Third-Party Services

To deliver the Service, we use third-party technology providers. By using the Service, you authorize us to share with these providers only the data reasonably necessary to deliver the Service. Our Privacy Policy describes the categories of sub-processors involved. Each sub-processor is bound by its own terms with us.

You are also responsible for maintaining your own accounts and agreements with any point-of-sale, online ordering, reservation, or payment platforms that you integrate with the Service.

7. AI Service Disclosure

The Service uses artificial intelligence to converse with callers. We disclose this to callers if they directly ask whether they are speaking with a person or an AI. The AI may occasionally misunderstand input or produce incorrect output. The Service is not a substitute for human judgment on critical or sensitive matters. You are responsible for monitoring the Service’s performance and confirming it meets your business needs.

8. Your Content and Data

You retain ownership of your business data, menus, FAQs, hours, and any customizations you configure in the Service (“Your Data”). You grant us a limited license to use Your Data solely to deliver and improve the Service as described in our Privacy Policy.

Call recordings, transcripts, and caller information generated through the Service are handled as described in our Privacy Policy.

9. Intellectual Property

Digital Hostess — including the Service, its software, visual design, voice assistant personality, prompts, and underlying technology — is the intellectual property of AereAI LLC or its licensors. Nothing in these Terms transfers ownership rights to you. You may not copy, modify, distribute, or create derivative works of the Service.

Any feedback you provide about the Service is non-confidential and may be used by us without obligation.

10. Service Availability and Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free from defects. We rely on third-party infrastructure (cloud hosting, telephony, AI providers) whose availability is outside our control.

To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability to you under these Terms is limited to the fees you have paid us for the Service during the twelve (12) months preceding the event giving rise to the liability.
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility.

This limitation does not apply to liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless AereAI LLC, its affiliates, officers, and employees from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service in violation of these Terms or applicable law.
• Content or data you submit to the Service.
• Your relationship with your own customers or third parties.

13. Termination

Either party may terminate the subscription:

• You can cancel at any time from your dashboard. Cancellation takes effect at the end of your then-current billing period.
• We may suspend or terminate your account if you breach these Terms, fail to pay fees, or if required by law.

Upon termination, your access to the Service ends. We retain Your Data for a reasonable period to allow you to export it or request deletion as described in our Privacy Policy.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the dashboard before the change takes effect. Your continued use of the Service after the change takes effect means you accept the updated Terms.

16. Contact

For questions about these Terms:

• General support and legal: support@digitalhostess.ai
• Billing inquiries: billing@digitalhostess.ai