Terms of Service
Effective Date: April 28, 2025
Last Updated: July 21, 2025
This End-User License Agreement (“Agreement”) is between the business or individual accepting this Agreement (this business or individual being “you”) and Phongo (“Company”). This Agreement governs your use of the Company’s software application and related services (together, the “Service”).
By clicking “Accept” or using the Service, you agree to be bound by this Agreement. If you do not agree, click “Decline” and do not access or use the Service.
1. The Service
1.1 The Service provides AI-driven tools tailored for the restaurant industry, including phone answering, order-taking, menu Q&A, and reservation management. Users may integrate the Service with point-of-sale and phone systems.
1.2 Company grants you a limited, non-exclusive, non-transferable, revocable license during the Term of this Agreement to use the Service for your internal business purposes. You may not copy, modify, reverse engineer, sublicense, or otherwise misuse the Service. All rights not expressly granted are reserved by the Company.
1.3 The Service may update automatically. Maintenance may cause interruptions. You are responsible for your equipment and connectivity.
2. Fees
You agree to pay monthly fees automatically via your selected payment method. You are responsible for all applicable taxes, excluding Company’s income taxes. Billing errors must be reported within 120 days or you release the Company from liability.
3. Term
This Agreement begins when you accept or use the Service and continues month-to-month until terminated.
4. Suspension and Termination
4.1 Company may suspend or terminate your access if you:
- Violate this Agreement
- Use the Service in a way that harms Company’s reputation or IP
- Exceed normal and reasonable usage
- Become insolvent or bankrupt
- Use the Service fraudulently or illegally
4.2 You may terminate at any time with notice. Termination is effective at the end of the current billing cycle. Fees are non-refundable.
5. Confidentiality, Data, and Ideas
5.1 Both parties agree not to disclose each other’s non-public business information (“Confidential Information”), except in specific lawful cases.
5.2 Exceptions include information already public, lawfully held, independently developed, or obtained lawfully from a third party.
5.3 Company may use anonymized or aggregated data for research, development, and service improvement, subject to privacy laws.
5.4 You may provide ideas or feedback. By submitting, you agree Company may use them without restriction or compensation.
5.5 Personal information is handled under Company’s Privacy Policy.
6. User Content and Accounts
You retain rights to your content but grant Company a license to use it as needed to provide the Service.
You must register for an account with accurate information and maintain its security. You are responsible for all activity under your account and must notify Company of any breaches.
7. Risk Allocation
The Service is provided “as-is.” Company disclaims all warranties, including merchantability, fitness for purpose, and non-infringement.
You will indemnify Company against claims arising from misuse or violation of this Agreement.
Company’s liability is limited to the fees you paid in the 3 months prior to a claim.
8. Communications
You authorize Company to contact you using the information you provide, including by phone, text, or email, even if numbers are on a Do Not Call registry. You are responsible for any carrier fees.
9. Compliance with Privacy Laws
Company will only process Customer Data as a service provider and will not sell personal information. Data collection and use are limited to what is necessary to provide the Service.
10. Data Subject Rights
Company will assist customers in meeting privacy obligations, including responding to consumer data requests under applicable privacy laws. Requests from end-users will be redirected to the customer.
11. General
- You represent that you have the authority to enter this Agreement.
- Company may update these terms; continued use means acceptance.
- Both parties will comply with applicable laws.
- This Agreement is governed by New York law. Venue is Suffolk County, NY. Jury trial rights are waived.
- This Agreement is the complete understanding and supersedes prior agreements.
- You may not assign this Agreement without Company’s consent. Company may assign freely.
Contact Us
If you have questions or comments about this Agreement, please contact us at:
Email: hey@phongo.ai