Terms of Service

Acceptance and the agreement between us

These terms are between you and Resto Intelligence LLC, a limited liability company organized under the laws of the State of Georgia, United States, and they apply when you use Resto Intelligence or Resto Shift.

Where a restaurant has signed a separate written agreement with us, such as a Master Subscription Agreement and an Order Form, that agreement governs the relationship with the restaurant and prevails over these terms if the two conflict. These terms continue to apply to you individually as an authorized user. Accepting these terms does not accept a Master Subscription Agreement on a restaurant's behalf.

Accounts are created by invitation from a restaurant that already has a workspace. There is no public self-service sign-up.

Eligibility and authority

• You must be at least 18 years old to accept an agreement on behalf of a business, purchase a subscription, make billing commitments, or make legal representations for a customer.
• Only an adult authorized representative of the customer may accept the Master Subscription Agreement. In the product this is enforced: the customer agreement is workspace scoped, offered only to an active Owner, and requires an explicit authorized-representative confirmation.
• A restaurant may grant product access to an authorized employee who is at least 16 years old, where its own policies and applicable law permit. Such a user may use permitted employee functions, which today include viewing a schedule, submitting availability, requesting time off, and working with assigned tasks.
• A user under 18 may not accept the Master Subscription Agreement, bind the restaurant, purchase a subscription, or make legal representations, and does not gain Owner authority by using the app.
• Users under 16 are not supported.
• Employee or manager access is never treated as authority to bind a business.

Accounts and access

• Keep your sign-in credentials and any staff passcode confidential, and do not share them.
• The workspace Owner decides who may access the workspace and with what permissions.
• Tell us promptly if you believe an account has been compromised.
• We may suspend access where necessary to protect the service, other customers, or the law.

Subscriptions, renewal, and cancellation

Subscriptions are sold to the restaurant customer, not to individual users. The plan, fees, and term are set out on the applicable Order Form.

• Monthly subscriptions are billed in advance for each monthly billing cycle and renew automatically until cancelled.
• Annual subscriptions are billed in advance for the annual term, may carry a discounted annual rate, and renew automatically until cancelled.
• A customer may cancel at any time before the next renewal. Cancellation stops the next renewal charge; it does not cancel a billing period that has already been paid for.
• Access continues through the period already paid for, unless we suspend or terminate for cause.
• Cancellation is not retroactive, and outside the initial refund window described below there is no ordinary prorated refund for a partially used monthly period or for unused months of an annual term.

Initial 30-day refund window

A customer's first paid subscription carries a 30-day money-back window running from the initial paid subscription start or charge date. Within that window an eligible customer may request cancellation and a refund of the initial subscription fee.

After that window, the current monthly period is generally non-refundable, and a prepaid annual subscription is generally non-refundable; cancellation stops future renewals.

What the refund window does not cover

Some charges are consumed or passed through and are not returned by the initial window. Where the service does not charge for an item, the exclusion simply does not apply.

• Message or communication usage already sent or consumed.
• Third-party pass-through usage charges.
• Metered or overage charges already incurred.
• One-time setup or professional-service charges, where separately disclosed.
• Taxes we cannot lawfully refund.
• Amounts associated with fraud, abuse, or chargeback abuse.
• Amounts associated with a material breach of these terms.
• Promotional or free amounts that were never paid.

Discretionary credits

We may choose to provide a credit, partial refund, extension, or other accommodation outside what this policy requires. Doing so once does not create an entitlement to it again and does not waive this policy.

Billing transparency

We will disclose the billing cadence and the amount to be charged before a purchase, provide a cancellation path in the product or on request, and confirm a cancellation. Billing questions: billing@restointelligence.com.

Acceptable use

The Acceptable Use Policy forms part of these terms. It prohibits, among other things, unlawful surveillance of staff, biometric or audio monitoring through the product, review manipulation, unsolicited messaging, and using AI output to make employment decisions.

Customer responsibilities

Resto provides operational tooling. The restaurant remains responsible for how it runs its business, including:

• Employment decisions, worker classification, pay rates, overtime, meal and rest breaks, tip handling, payroll, and taxes.
• Age verification for its staff, lawful job duties, permitted working hours, school-day rules, and all other federal and state minor-employment requirements. Resto does not verify age and does not guarantee child-labor compliance.
• Providing its staff and guests with any notices and choices the law requires.
• Obtaining and maintaining the permissions needed to message guests, and keeping its contact lists lawful.
• Food preparation and allergen handling, including verifying any allergy information directly with the guest.
• The rights to any logos, photographs, menu text, and other content it uploads.
• Its own review practices, and its lawful use of any AI output.

Timekeeping, scheduling, and labor

Clock records shown in Resto originate in the restaurant's point-of-sale system, and the original provider evidence is preserved without being rewritten. Resto reports what the source says.

Resto does not guarantee payroll accuracy or compliance with wage, hour, overtime, break, tip, classification, or minor-employment law. Those determinations belong to the restaurant and its advisors.

AI features

• AI output is decision support, may be inaccurate or incomplete, and requires human review before it is relied on.
• AI output is not employment, payroll, legal, tax, medical, food-safety, or financial or accounting advice.
• Resto AI may not be used to make or recommend a named hiring, firing, termination, discipline, promotion, demotion, compensation, wage-change, or shift or hour-reduction decision, and may not be used to rank or score employees. The product enforces this deterministically on the server, before any AI provider is contacted.
• AI features do not take actions on their own. Where the product supports a suggestion, an authorized person must approve it before anything happens.
• Third-party AI processing requires your recorded consent for that feature in that workspace. Accepting these terms is not that consent.

Communications

Outbound text messaging is limited to transactional messages relating to a guest's own reservation or visit. Marketing text messaging is not enabled. The restaurant is responsible for having the permissions its messaging requires; Resto does not guarantee compliance with telecommunications or messaging law. See the SMS Terms.

Not an emergency service

Resto is not an emergency, medical, life-safety, or 911 service. Table Assist and similar features signal a restaurant's own staff and never contact an outside responder. In an emergency, contact emergency services directly.

Point-of-sale and other third-party services

Point-of-sale and other integrations are selected and authorized by the customer. We are not responsible for a third-party service's availability, accuracy, or acts, and a change on their side may affect what Resto can show.

Customer data, content, and intellectual property

The restaurant keeps ownership of its data and content and grants us only the limited rights needed to operate, secure, support, and improve the service for that restaurant, and to meet legal obligations. We do not use customer content to train general-purpose foundation models.

We keep ownership of the service, its software, and our trademarks. You receive a limited, non-exclusive, non-transferable right to use the service, including our mobile applications, while your access is authorized. Feedback you send us may be used without obligation to you.

Availability, preview features, and changes

Some capabilities are labeled preview or coming soon. Those are provided as-is, may change or be withdrawn, and should not be relied on. We may change the service and these terms; material changes will be reflected in the version and date above.

Suspension and termination

We may suspend or terminate access for material breach, for non-payment, or where necessary to protect people, customers, or the service. A customer may export its data as described in its written agreement. After termination we delete or return customer data except records we must retain, which are described in the Privacy Policy and on the Account Deletion page.

Disclaimers

Except as expressly stated, the service is provided as-is and as-available, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that AI output will be accurate.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenue, lost business opportunity, lost goodwill, business interruption, or loss of anticipated savings.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the service will not exceed the fees paid or payable by the customer for the affected service during the twelve months preceding the event giving rise to the claim.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or gross negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

Indemnification

The customer will defend and indemnify us against third-party claims arising from its employment decisions; its wage, hour, payroll, classification, scheduling, and minor-employment practices; unlawful marketing or messaging lists or missing communications consent; its food preparation and allergen decisions; content it uploads that infringes or is unlawful; unlawful surveillance or any circumvention of the product's biometric and audio prohibitions; prohibited employment use of AI; misuse of Resto outputs; guest disputes arising from restaurant operations; credential misuse attributable to it; and instructions that would require us to process data unlawfully.

We remain responsible for our own obligations and for liability that cannot lawfully be excluded.

Dispute resolution and arbitration

Please read this section carefully. It affects how disputes between us are resolved.

First, tell us. Before starting a formal proceeding, send a written notice describing the dispute and the relief sought to legal@restointelligence.com. Both sides will try in good faith to resolve it for 30 days after the notice.

If the dispute is not resolved, covered disputes will be settled by binding individual arbitration rather than in court, except as stated below. Where it applies, the Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration is individual. There is no class arbitration, and to the extent enforceable each side waives any class, collective, consolidated, or representative action. If that waiver is held unenforceable for a claim, that claim proceeds in court and the rest of this section still applies to the remaining claims.

Either side may bring an individual claim in small-claims court if it qualifies. Either side may also seek injunctive or other equitable relief in court to protect intellectual property or trade secrets, or to address unauthorized access to or misuse of the service.

Where a dispute cannot lawfully be arbitrated or is otherwise permitted to proceed in court, it will be brought in a court of competent jurisdiction located in the State of Georgia, and both sides consent to that jurisdiction. To the extent enforceable, both sides waive a jury trial for claims that remain in court.

These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules, subject to any applicable law that cannot be waived. Nothing here removes a right you have that cannot be waived under the law that applies to you.

General

Force majeure; compliance with export and sanctions laws; notices; assignment on a change of control; severability; no waiver by delay; and these terms, together with any written agreement and Order Form, as the entire agreement between us.

Contact

Legal notices: legal@restointelligence.com. General questions: info@restointelligence.com. Product help: support@restointelligence.com. Billing: billing@restointelligence.com. Sales: sales@restointelligence.com.

Resto Intelligence LLC, a limited liability company organized under the laws of the State of Georgia, United States.

Business Mailing Address: Resto Intelligence LLC, 5155 Atlanta Highway, Ste 101 PMB 1002, Alpharetta, GA 30004, United States. Written notices may be sent to this address. It is a mailing address only, and is not a registered agent address, a registered office, or a statement of our principal place of business.