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Terms of Service

Effective Date: April 28, 2025

Last Updated: March 22, 2026

Phongo Terms of Service

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, reservation management, and sending SMS payment links. 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

7.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING AI-GENERATED RESPONSES, WILL BE ACCURATE OR COMPLETE.

7.2 No Guarantee of Results. Company does not guarantee that the Service will increase revenue, retain customers, or produce any specific business outcome. The Service is a tool to assist your operations, not a replacement for human oversight. You acknowledge that AI-driven phone interactions may occasionally produce errors, misunderstand callers, provide incorrect information, or fail to process orders, and you accept the risk of such occurrences.

7.3 Your Responsibility. You are solely responsible for monitoring the Service's performance, maintaining backup or alternative methods for receiving customer calls and orders, and ensuring that your use of the Service does not violate any applicable laws. You acknowledge that you should not rely exclusively on the Service as your sole means of handling customer communications.

7.4 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF CUSTOMERS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.5 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.6 Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of this Agreement; (c) any claim by a third party (including your customers) related to the Service's handling of calls, orders, or communications on your behalf; or (d) your failure to maintain adequate backup systems or alternative methods for handling customer communications.

8. Communications and SMS Program

8.1 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.

8.2 SMS Payment Link Program. When you use our Service to enable SMS payment links for your restaurant customers, the following terms apply:

Program Description

When your customers place a phone order and reply YES to a consent text message, they will receive a transactional text message containing a secure payment link (the "Phongo SMS Payment Links" program). Messages are transactional and non-recurring—one message per order.

Message and Data Rates

Message and data rates may apply according to the customer's mobile carrier plan.

Customer Opt-Out

Customers may opt out at any time by texting any of the following keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. They will receive a confirmation message upon opt-out and may receive one final message confirming their unsubscription.

Customer Support

Customers may text HELP for assistance or contact us at support@phongo.ai.

Carrier Support

All major U.S. carriers are supported for SMS delivery.

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: support@phongo.ai