Terms & Conditions

These Terms & Conditions (the "Terms") are a binding agreement between you and ServeStack ("Company," "we," "us," or "our") and govern your access to and use of the ServeStack platform, including our AI-powered conversational ordering service delivered via SMS and RCS, our merchant dashboard and administrative tools, our websites, APIs, mobile applications, and any related services (collectively, the "Services"). By creating an account, clicking "I agree," initiating a text message conversation with a ServeStack-powered ordering number, or otherwise accessing or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree to these Terms, do not access or use the Services.

1. Who These Terms Apply To

The Services include two primary categories of users. Certain sections of these Terms apply to one category and not the other, as indicated below.

• "Merchants" are restaurants, food and beverage operators, and other businesses that subscribe to ServeStack and use the merchant dashboard, admin tools, APIs, and related features to receive and fulfill orders.
• "Customers" are end users who place orders with a Merchant through the ServeStack conversational ordering platform, typically by text message.

Some users may be both Merchants and Customers. Where a section applies only to one category, it is labeled accordingly.

2. Description of the Services

ServeStack provides a conversational ordering platform that enables Customers to browse menus, place orders, share their location to identify the nearest participating Merchant, and receive order confirmations and status updates via SMS or RCS. The Services also include a merchant dashboard and administrative tools that allow Merchants to manage menus, locations, staff, orders, payouts, analytics, and related operational functions.

We may update, modify, add, or remove features of the Services at any time. We will use commercially reasonable efforts to provide advance notice of material changes that materially reduce functionality of a paid subscription. ServeStack is a technology platform and, except where expressly stated, does not prepare, sell, or deliver food or beverages. Merchants are solely responsible for the products they offer, their preparation, quality, safety, pricing, and fulfillment.

3. Accounts and Eligibility

3.1 Merchant Accounts

To access the merchant dashboard, Merchants must register for an account and provide accurate, current, and complete information, including legal business name, contact information, tax identification, and payout details. Merchants are responsible for maintaining the confidentiality of their credentials and for all activity under their accounts. The account Owner is responsible for managing user access, role assignments (such as Admins, Staff, and Servers), and billing.

3.2 Customer Use

Customers do not need to create a dashboard account to place orders. Customers interact with the Services primarily through text message. Customers must be at least 13 years old to use the Services. Customers between the ages of 13 and 18 may use the Services only with parental or guardian consent. Customers represent and warrant that any information they provide, including phone number and payment information, is accurate and belongs to them.

3.3 Account Security

You agree to notify us promptly at support@servestack.ai if you believe your account has been compromised or used without authorization. We are not liable for losses caused by unauthorized use of your account resulting from your failure to safeguard credentials.

4. SMS and RCS Messaging (Customers)

4.1 Consent

By replying to a ServeStack-powered ordering number or by replying "YES" to our consent prompt, Customers expressly consent to receive text messages from ServeStack and from the participating Merchant for the purpose of completing an order. These messages may include menu prompts, order confirmations, status and preparation updates, pickup and delivery notifications, and order-related follow-ups.

4.2 Frequency, Carriers, and Rates

Message frequency varies based on order activity. Message and data rates may apply depending on your carrier plan. ServeStack is not responsible for charges imposed by your carrier.

4.3 Opt-Out and Help

Customers may opt out at any time by replying STOP to any message. Upon receiving STOP, we will send a single confirmation and will not send further messages. Reply START to re-subscribe. Reply HELP for assistance, or contact support@servestack.ai.

5. Orders, Pricing, and Payment (Customers)

5.1 Order Placement and Accuracy

Orders are placed by engaging in a text message conversation with our AI ordering agent. Customers are responsible for reviewing order summaries before confirming. Once confirmed, an order is transmitted to the Merchant for preparation. ServeStack is not liable for errors resulting from unclear or incorrect information provided by the Customer.

5.2 Pricing and Taxes

Prices displayed during the ordering conversation are set by the Merchant and are subject to change. Applicable sales tax and fees (including service, delivery, or convenience fees) will be added to the order total and will be confirmed before payment is processed.

5.3 Payment Authorization

Payment is processed through our third-party payment processors. By providing payment information, you authorize ServeStack and/or the Merchant to charge your selected payment method for the confirmed order total. All sales are final unless otherwise required by law or by the Merchant's published refund policy.

5.4 Cancellations and Refunds

Cancellation requests must be made before the Merchant begins preparing the order. Once preparation has begun, cancellations may not be accepted. Refund eligibility is determined by the Merchant's policy. For questions, contact the Merchant directly or email support@servestack.ai.

6. Merchant Subscriptions, Fees, and Payouts

6.1 Subscription Fees

Access to the merchant dashboard and certain Services requires a subscription. Fees, platform fees, per-order fees, and any other charges are described on our website, in an order form, or within the dashboard and are payable in advance for the applicable billing period unless otherwise agreed.

6.2 Billing and Automatic Renewal

Subscriptions renew automatically at the end of each billing period at the then-current rates unless canceled before the renewal date. Merchants authorize us and our payment processor to charge their designated payment method for all applicable fees, including renewals.

6.3 Payouts

When ServeStack processes payments on a Merchant's behalf, payouts of Customer payments (net of platform fees, processor fees, refunds, chargebacks, and applicable taxes) will be remitted to the Merchant's designated account on a schedule described in the dashboard or applicable order form. Merchants are responsible for providing accurate payout information and for verifying deposits.

6.4 Chargebacks and Disputes

Merchants are responsible for chargebacks, disputes, and associated fees arising from their orders. We may offset chargeback amounts against pending or future payouts. Merchants agree to cooperate in good faith to resolve disputes and to provide timely documentation when requested.

6.5 Taxes

Merchants are responsible for determining, collecting, reporting, and remitting all taxes associated with their sales, including sales, use, excise, and value-added taxes. ServeStack fees are exclusive of taxes applicable to the Merchant's use of the Services.

6.6 Late Payment

If any undisputed fee is not paid when due, we may suspend or terminate access to the Services and charge interest at the lesser of 1.5% per month or the maximum rate permitted by law.

7. Merchant Content and Responsibilities

7.1 Merchant Content

"Merchant Content" includes menus, item descriptions, pricing, images, logos, disclosures (including allergen and nutritional information), location details, hours, and other information Merchants upload to or display through the Services. Merchants retain ownership of Merchant Content and grant ServeStack a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Merchant Content to provide and promote the Services.

7.2 Accuracy and Compliance

Merchants are solely responsible for ensuring that Merchant Content is accurate, current, and compliant with applicable law, including food safety, labeling, allergen disclosure, pricing, alcohol sales, and consumer protection regulations. Merchants must promptly update item availability, pricing, and disclosures.

7.3 Food Safety and Product Liability

Merchants are solely responsible for the preparation, handling, packaging, quality, and safety of their food and beverage products, and for complying with all applicable health and safety laws. Merchants maintain full product liability for items they sell through the Services.

7.4 Staff and Server Management

Merchants are responsible for their staff accounts and user permissions, including promptly revoking access for departing employees. Merchants represent that they have authority to grant staff access to the Services and to process staff information through the Services for workforce management purposes.

8. Acceptable Use

You agree not to, and not to permit any user, employee, contractor, or third party to:

• Use the Services to violate any applicable law, regulation, or the rights of any third party;
• Place or process fraudulent, false, or abusive orders, or misrepresent your identity or authority;
• Harass, threaten, or harm other users, Customers, Merchant staff, or ServeStack personnel;
• Upload or transmit malicious code, viruses, or other harmful material;
• Attempt to gain unauthorized access to the Services, other accounts, or underlying infrastructure;
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent expressly permitted by law;
• Resell, sublicense, or provide the Services to third parties except as expressly permitted by your subscription;
• Scrape, crawl, or use automated tools to extract data from the Services except through documented APIs and within documented rate limits;
• Use the Services to send unsolicited marketing messages or to contact Customers for purposes unrelated to their orders;
• Remove or alter any proprietary notices within the Services.

We may investigate and take appropriate action, including suspending or terminating your account, for any suspected violation of these Terms.

9. Third-Party Services and Integrations

The Services integrate with third-party tools and services, including Twilio and other messaging infrastructure, payment processors (such as Stripe), mapping and geocoding providers, point-of-sale and delivery providers, and analytics tools. Your use of any third-party service is subject to that service's own terms and privacy practices, and we are not responsible for third-party services. Availability of the Services may depend on the availability of these third parties.

10. Intellectual Property

The Services, including all software, content, design, trademarks, service marks, and documentation (excluding Merchant Content and Customer-supplied data), are the exclusive property of ServeStack and its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your subscription or order interaction, solely in accordance with these Terms. All rights not expressly granted are reserved. If you provide feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without restriction.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI-GENERATED RESPONSES WILL BE FREE OF ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED.

SERVESTACK DOES NOT PREPARE FOOD. ANY WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, OR FITNESS OF FOOD OR BEVERAGES SOLD THROUGH THE SERVICES ARE THE SOLE RESPONSIBILITY OF THE MERCHANT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS, A PARTY'S INDEMNIFICATION OBLIGATIONS, OR A PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID TO SERVESTACK IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to defend, indemnify, and hold harmless ServeStack and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) Merchant Content or any products you sell or purchase through the Services; (c) your breach of these Terms; (d) your violation of any law or third-party right; or (e) any dispute between a Customer and a Merchant.

14. Term, Suspension, and Termination

These Terms remain in effect while you use the Services. Merchants may cancel their subscription in accordance with their plan. We may suspend or terminate your access to the Services immediately if you materially breach these Terms, fail to pay fees when due, or if we reasonably believe your use poses a security, legal, or brand risk.

Upon termination, your right to use the Services ends. Merchants may request an export of their Merchant Content and order history within thirty (30) days of termination; after that period, we may delete such data in the ordinary course of our operations, subject to legal retention requirements. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for Customers) or Commercial Arbitration Rules (for Merchants), and judgment on the arbitration award may be entered in any court of competent jurisdiction. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

YOU AND SERVESTACK EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

16. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email, by SMS to the phone number on record for Customers, or by posting a notice within the Services) before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms.

17. General

These Terms, together with any order forms, the Privacy Policy, and any additional policies referenced herein, constitute the entire agreement between you and ServeStack regarding the Services and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices to ServeStack must be sent to the address below.

18. Contact

ServeStack
Email: antonio_kodheli@icloud.com
Support: support@servestack.ai
Website: https://www.servestack.ai