Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and BIGO1 INC., doing business as VibeCaller ("VibeCaller," "we," "us," or "our"). By accessing or using the VibeCallerwebsite or service (the "Service"), 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.

VibeCaller provides an AI voice agent that answers phone calls for restaurants, takes orders, and can send them to your point-of-sale (POS) system. The Service is offered only to businesses in the United States and is intended for use in the United States.

You must create an account (via Google sign-in) to use most features. You are responsible for maintaining the security of your account and for all activity under it. You must be at least 18 years old and operate a legitimate business to use the Service.

The Service integrates with third-party providers, including Google (for sign-in) and Square and Clover (for POS and menu data). When you connect one of these providers, you authorize VibeCaller to access and use information from that provider on your behalf to operate the Service.

• Your use of each third-party provider remains subject to that provider's own terms and policies, and you are responsible for complying with them.
• You represent that you are authorized to connect the accounts and data you connect.
• We are not responsible for third-party services, including their availability, changes, suspension, or discontinuation, which may affect the Service.
• You may disconnect an integration at any time; doing so may limit or disable related features.

• Keep your menu, pricing, hours, and other business information accurate and up to date.
• Use the Service only for lawful purposes and in compliance with all applicable laws and regulations.
• Call recording and caller consent. The Service records, transcribes, and processes calls, and plays an automated message at the start of each call informing callers that they are speaking with an AI assistant and that the call is recorded. The Service processes calls as text transcripts and does not create voiceprints or use voice-biometric analysis to identify callers. You authorize VibeCallerto provide that disclosure on your behalf and will not disable, alter, or circumvent it. You remain responsible for ensuring that appropriate disclosures and consents are in place for your calls and for complying with all applicable recording and consent laws — including "two-party" / all-party consent laws and, where it applies, the Illinois Biometric Information Privacy Act (BIPA). You will not use the Service in a manner that violates these laws.
• Do not use the Service to transmit unlawful, infringing, or harmful content, or to harass or defraud any person.

Paid plans are billed in advance on a recurring basis through our third-party payment processor, Stripe. Any free trial or promotional pricing applies only as described at sign-up. You authorize us to charge your payment method for applicable fees. You may cancel at any time; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law.

Included minutes and overages.Your plan includes a set allotment of call minutes. Usage beyond your plan's included minutes ("overage") is billed at the per-minute overage rate presented to and agreed by you when you selected your plan at sign-up. You authorize us to charge that overage to your payment method in addition to your recurring plan fee.

The Service takes orders for you; it does not collect or process payment for your customers' orders. Your customers pay you directly (for example, at your restaurant). VibeCalleris not a payment processor, money transmitter, or merchant of record for your customers' orders; it does not generate payment links or hosted checkouts, does not process or take custody of your customers' funds, and does not collect or store your customers' payment card numbers. You are responsible for collecting payment for each order and for order and price accuracy, applicable taxes, and refunds.

You agree not to (a) reverse engineer, copy, or resell the Service; (b) interfere with or disrupt the Service or its infrastructure; (c) attempt to gain unauthorized access to any systems or data; or (d) use the Service to build a competing product.

The Service, including all software, content, and trademarks, is owned by VibeCaller or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of your business data that you provide to the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Service uses artificial intelligence, which may produce errors. We do not warrant that orders, transcripts, or other AI-generated output will be accurate, complete, or uninterrupted, and you are responsible for reviewing and confirming orders and other output.

Order accuracy. The Service uses automated speech recognition and artificial intelligence to capture orders, and it may mishear, misinterpret, or incompletely record an order — including items, quantities, prices, modifiers, and allergen, dietary, or special-instruction information. Orders are provided to you as-is and are not guaranteed to be accurate or complete. You are responsible for reviewing, confirming, and fulfilling each order and for resolving any dispute a customer raises about an order. To the maximum extent permitted by law, VibeCaller is not liable to you or to your customers for any loss, cost, refund, remake, or other damage arising from an inaccurate, incomplete, or misinterpreted order.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBECALLER AND BIGO1 INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You will indemnify and hold harmless VibeCaller, BIGO1 INC., and our affiliates from any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content or business data, your handling of caller information and consents, any orders taken, confirmed, or fulfilled through the Service (including their accuracy, pricing, availability, and allergen or dietary information), or your violation of these Terms or applicable law.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ends; sections that by their nature should survive (such as disclaimers, limitation of liability, and indemnification) will survive.

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Illinois will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Service after an update means you accept the revised Terms.

Questions about these Terms? Email [email protected] or contact BIGO1 INC. (dba VibeCaller).