This Terms of Service & Merchant Agreement ("Agreement") is a binding legal contract that governs your access to and use of the AI Borta platform. By checking "I agree" and creating an account, you accept every section below in full. Please read it carefully before creating an account.
1. Agreement & Acceptance
- ·This Terms of Service & Merchant Agreement ("Agreement") is a binding legal contract between AI Borta ("AI Borta", "we", "us") and the business that registers an account ("Merchant", "you"). By checking "I agree" and creating an account, or by using the platform, you accept this Agreement in full.
- ·The person accepting represents and warrants that they are at least 18 years old and are authorized to bind the Merchant business to this Agreement. Your acceptance is recorded with a timestamp and version for our mutual records.
- ·If you do not agree to every term, do not create an account or use the platform.
- ·We may update this Agreement from time to time. Material changes will be emailed to you at least 14 days before they take effect; continued use after that date is acceptance of the updated Agreement.
2. The Service — and its limits
- ·AI Borta is software only: a SaaS platform that gives your restaurant an ordering website and mobile app and connects your own messaging channels (WhatsApp, Instagram, Messenger, Telegram, TikTok) and converts conversations and web sessions into order tickets.
- ·AI Borta is NOT a restaurant, food vendor, delivery service, payment processor, or party to any transaction between you and your customers. We provide the tools; you run the restaurant.
- ·Available features depend on your subscription plan. We may add, change, or remove features with reasonable notice.
- ·We target 99.5% monthly uptime excluding scheduled maintenance and events beyond our reasonable control, but the service is not guaranteed to be uninterrupted or error-free.
3. Your responsibilities as the Merchant
- ·You are solely and exclusively responsible for your food and your business: food preparation, quality, safety, hygiene, allergen and nutritional accuracy, pricing, order fulfilment, delivery/pickup, and customer service.
- ·You are solely responsible for complying with all laws that apply to your business, including food-safety, health, labeling, licensing, consumer-protection, and tax laws. You are responsible for collecting and remitting all applicable taxes.
- ·You are the merchant of record for every order placed through the platform. Any dispute, refund, chargeback, complaint, injury, illness, or damage arising from an order is solely between you and your customer.
- ·You must keep your menu, prices, hours, and availability accurate and up to date on the platform.
4. Accounts, access & security
- ·You must provide accurate registration information and keep it current.
- ·You are responsible for all activity under your account and for keeping login access limited to your authorised staff. Staff you add (e.g. cashiers) act under your authority and your responsibility.
- ·You must not share access with anyone outside your business or attempt to access another business's data.
- ·Notify us immediately at support@skytechnologyllc.com if you suspect unauthorised access. We may suspend access to protect the platform or other customers.
5. Payments to you (Stripe) & platform fees
- ·Card payments from your customers are processed by Stripe and paid directly into YOUR connected Stripe account. AI Borta never holds, controls, or takes a cut of your order revenue.
- ·Stripe's own fees and terms apply to those payments. You are responsible for your Stripe account standing, payouts, refunds to your customers, and any chargebacks. AI Borta is not liable for payment-processor fees, holds, delays, refunds, or chargebacks.
- ·Your subscription to AI Borta is billed separately (see Section 6). The two are independent: a problem with customer payments does not excuse subscription fees, and vice versa.
6. Subscription, billing & renewal
- ·Subscriptions are billed in advance (monthly or annually) via Stripe, in USD unless stated otherwise, and renew automatically until cancelled.
- ·Subscription fees are non-refundable except where required by law. Partial periods are not refunded. Annual plans are non-refundable after 30 days but you may turn off auto-renewal at any time.
- ·If payment fails, we may suspend or downgrade your account after a reasonable grace period. Suspension does not waive fees owed.
- ·We may change pricing with at least 30 days' notice; changes apply from your next renewal. Your continued use after a price change is acceptance of the new price.
- ·You can cancel any time from Billing; access continues until the end of the paid period, after which paid features stop.
7. Free trial
- ·New accounts may receive a 14-day free trial; no card is required to start. We may limit or end trials to prevent abuse.
- ·When the trial ends, paid features stop unless you choose a plan and add payment. We are not obligated to notify you before a trial ends beyond in-product prompts and reminder emails.
8. Your data & customer data (ownership and protection)
- ·You own your business data and your customers' data (names, phone numbers, order history). You are the data controller; AI Borta processes it solely to provide the service on your behalf.
- ·We will NOT sell your data or your customers' data, and will not use it to compete with you.
- ·We protect data with industry-standard measures: encryption in transit (TLS) and AES-256-GCM encryption of connected channel credentials at rest. No system is perfectly secure, and you acknowledge this residual risk.
- ·You warrant you have a lawful basis and all necessary consents to process customer data and to message customers, and that you maintain your own public privacy policy.
- ·You may export your data at any time, and for 30 days after termination, before it is deleted (except where law requires retention).
9. Messaging & marketing compliance
- ·You must comply with all messaging laws and the rules of each channel you connect (Meta, Telnyx/SMS carriers, Telegram, TikTok, etc.), including TCPA, CAN-SPAM, A2P 10DLC registration, and applicable opt-in/consent requirements.
- ·Marketing messages may only be sent to customers who have opted in, and must include a clear opt-out. You are solely responsible for obtaining and proving consent.
- ·You are responsible for any fines, penalties, carrier filtering, or account bans resulting from your messaging, and you indemnify AI Borta for them (Section 13).
10. Channels you connect
- ·You keep full ownership of your own social accounts, phone numbers, and messaging credentials. AI Borta connects to them with your authorization and acts on your behalf.
- ·You may connect a given channel/number to only one restaurant account. You must comply with each third-party platform's terms; their availability, policies, reviews, and outages are outside our control and not our liability.
11. AI order-taking disclaimer
- ·The AI assistant interprets natural-language messages and may occasionally misread items, quantities, modifiers, times, or intent.
- ·You are responsible for reviewing orders before preparing or fulfilling them. AI Borta is not liable for losses arising from AI misinterpretation, and you accept the AI output "as is" as an aid, not a guarantee.
12. Acceptable use
- ·Use the platform only for lawful restaurant and food-service purposes.
- ·Do not: send spam or unlawful messages; upload illegal, infringing, or harmful content; probe, reverse-engineer, scrape, overload, or attempt to compromise the platform; resell or sublicense the service; or interfere with other customers.
- ·We may suspend or terminate accounts that violate this section immediately and without refund.
13. Indemnification (both ways)
- ·You will defend, indemnify, and hold harmless AI Borta and its owners, staff, and partners from any claim, loss, liability, fine, or expense (including reasonable legal fees) arising from: your food or orders; your business operations; your customers; your data or content; your messaging; or your breach of this Agreement or of any law.
- ·AI Borta will defend and indemnify you against third-party claims that the platform software itself, as provided by us, infringes that third party's intellectual-property rights — provided you notify us promptly and let us control the defense. This is your exclusive remedy for infringement.
14. Warranties & disclaimers
- ·Except as expressly stated, the platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted, secure, or error-free.
- ·You are responsible for determining whether the platform is suitable for your business.
15. Limitation of liability
- ·To the maximum extent permitted by law, AI Borta's total aggregate liability for all claims arising out of or relating to this Agreement or the service is limited to the subscription fees you actually paid to AI Borta in the three (3) months immediately before the event giving rise to the claim.
- ·AI Borta will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or corrupted data, lost orders, reputational harm, or business interruption — even if advised of the possibility.
- ·These limits are a fundamental basis of the bargain and apply even if a remedy fails its essential purpose.
16. Term, suspension & termination
- ·This Agreement continues while you have an account. You may terminate any time by cancelling and closing your account.
- ·We may suspend or terminate your account immediately for non-payment, breach of this Agreement, unlawful use, or if continued access poses a legal, security, or reputational risk to the platform or others.
- ·Sections that by their nature should survive termination (payment owed, data, IP, indemnities, disclaimers, liability limits, governing law) survive.
17. Intellectual property
- ·AI Borta and all of its software, designs, trademarks, and content are and remain the exclusive property of AI Borta. You receive only a limited, non-exclusive, non-transferable right to use the service during your subscription.
- ·You grant AI Borta a limited licence to host, process, and transmit your data and content solely to operate and improve the service. Any feedback you give may be used by us freely.
18. Force majeure
- ·Neither party is liable for failure or delay caused by events beyond reasonable control, including internet or hosting outages, third-party platform (Meta/Stripe/Telnyx) failures, natural disasters, war, or government action.
19. Governing law & disputes
- ·This Agreement is governed by the laws of the jurisdiction in which AI Borta / Sky Technology is registered, without regard to conflict-of-law rules.
- ·The parties will first try to resolve any dispute in good faith. Unresolved disputes will be settled by binding arbitration on an individual basis, conducted in English; each party waives any right to a jury trial or to participate in a class action.
- ·Nothing prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.
20. General & contact
- ·If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not assign this Agreement without our consent; we may assign it as part of a merger or sale.
- ·This Agreement (with the Privacy Policy) is the entire agreement between the parties and supersedes prior discussions.
- ·Questions or legal notices: support@skytechnologyllc.com. Operated by Sky Technology.